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04-14-1983 o o CITY OF EDGEWATER BOARD OF ADJUSTMENTS REGULAR MEETING April 14, 1983 Minutes Chairman Wetzel called the meeting to order at 7 .p.m. in the Conference Area of the Community Center. ROLL CALL Members present: Messrs. Wetzel, Newell, Roush, Severance,Mrs. Martin, Murphy and Mr. Garthwaite*. Also present: Mrs. Taylor, Secretary, and one member of the press. *Mr. Garthwaite arrived at 7:22 p.m. Also present: S. Wadsworth. APPROVAL OF MINUTES The minutes of the March 10, 1983 and March 17, 1983 meetings were approved as submitted. Susan Wadsworth, Deputy City Clerk, administered the oath of office to David Severance. NEW BUSINESS Henry C. .Scherz - Variance to permit construction of a 12 x 20' porch at 1011 Egret Street .in Pelican Cove West. Mr. Scherz was sworn in. Mr. Scherz explained that there was a slab 12 x 20 at the back of the house that he had just purchased and he would like to enclose it. Because of the way the patio had been put in he needs a variance of two feet to the rear setback requirement. He said that the concrete slab is reinforced the same as the house. Mr. Scherz said he was not aware that the patio was so close to the rear property line until he applied for a permit to enclose it. The motion was made by Mr. Roush and seconded by Mrs. Martin to grant the application for the two foot variance. The motion CARRIED 6-0. Mr. Severance said that every home in the development has the 12 x 20 patio and if they want to do anything with it they will have to come before the Board for a variance. He suggested someone in the City contact Mr. Carder and ask him not to put in these slabs. Mrs. Murphy questioned if the slab is actually in violation. It was determined that he did not need a variance for the slab. A motion was made by Mr. Newell and seconded by Mr. Roush to direct a letter to the Building Official, with a copy to City Council, asking him to request the assistance of Mr. Carder in discontinuing putting in these slabs, so that this situation will not develop with each and every home in Pelican Cove West. The motion CARRIED 6-0. 7:22 p.m. - Mr. Garthwaite arrived. E. A. Pilch, Jr., for Maxim Building Corp. - Variance to reduce the required number of lots from 4 to 3 and to reduce the setback along Indian River Boulevard from 60 feet to 50 feet at the N.E. corner of Orange Tree Drive and Indian River Boulevard. Mr. pilch was sworn in. He advised that the company he works for would like to build a house on three lots; Code requires that he have four lots. It is impossible for him to buy the fourth lot, as there is a house next door. He is also asking for a variance to the front-yard setback on Indian River Boulevard; to leave a 60 ft. setback would require that the house be build 60 ft. wide; it would have to face the boulevard, leaving a rear yard of 10 to 20 ft. looking right into the next d00r neighbor's house. It would create a problem with the driveway entering right onto Indian River Boulevard. This would be a Cardinal Industry modular home. Discussion was had regarding o o , turning the house or moving the garage, but Mr. Pilch said that their homes are only built with the garage as shown on the sketch. It was felt by board members that to grant the setback variance would be setting a precedence and changing the setback on the boulevard would take away from the spacious look; the 60' setback also provides a traffic buffer. Board members felt that the property could be built on as it is; because Mr. Pilch was committed to one House design was not a factor for the Board to consider. Another house could be built on the lot. Mrs. Dimescio and Mrs. Dorothy Southwick were present in the audience. Mrs. Dimescio asked why Mrs. Southwick had not received a notice and was advised by Mr. Pilch that he had asked at the County office for the names of tax records of persons abutting the subject property, and was given the name of Mrs. Dimescio. Mrs. Southwick said that she did object to the granting of the variances. Mr. Garthwaite motioned that the variance to reduce the required number of lots from 4 to 3 be granted. The motion was seconded by Mr. Severance and CARRIED 7-0 to approve the variance. The motion was made by Mr. Severance that the request for a variance to reduce the setback from 60 feet to 50 feet be denied. The motion was seconded by Mr. Newell and CARRIED 7-0 to DENY the variance. MISCELLANEOUS Mr. Wetzel read the letter from the Zoning Commission Chairman pertaining to electronic video games in B-3 and B-5 zoning district. Mr. Garthwaite raised the .question of how the Board will know that special conditions imposed will be complied with, and wondered if someone from the Board could be assigned each month to check on it. Mayor McKillop suggested that this could be left to the Building Official; we advise him of the conditions and he would report back to the Board that everything was complied with. Mr. Wetzel advised the members that there was a special meeting called for April 27th to hear the Ed Hall request for variances. Mr. Severance said that he may possibly be out of town on that date. Mr. Roush mentioned that he may also be out of town. Mr. Wetzel announced that the application for the flea market at the Fun-Lan Drive-In is postponed because the applicant has to work out some problems. The meeting was adjourned at 8:10 p.m. Minutes submitted by Joan Taylor Board of Adjustments Meeting of 4-14-83 - 2 -