06-09-1983
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CITY OF EDGEWATER
Board of Adjustment Regular Meeting
June 9, 1983
Minutes
Chairman Wetzel called the meeting to order at 7:02 p.m. in the conference
area of the Community Center.
ROLL CALL-
Members present:
Newell and Roush.
Secretary.
Mr. Wetzel, Mrs. Martin, Mrs. Murphy, Messrs. Garthwaite,
Excused: Mr. Severance. Also present: Mrs. Taylor,
APPROVAL OF MINUTES
The minutes of the May 12, 1983 meeting were UNANIMOUSLY approved.
NEW BUSINESS
Charles Thompson, application for a 10 ft. variance to the front yard setback,
1537 Orange Tree Drive.
It was determined that the hearing was properly advertised, the property was
posted and abutting property owners were advised.
Mr. Thompson explained that his property is surrounded by streets on three
sides. His house sets back thirty feet from each street. He is seeking to
obtain some privacy by constructing a courtyard on the front of his house,
which faces 16th Street. There will be beams in the courtyard, but it will
not be roofed over. Mr. Thompson said he had contacted the neighbors across
the street and he had no neighbors who objected to what he was doing. Mr.
Newell noted that the neighbors across the street would be more affected
than the abutting neighbors to the back of the property. In reviewing
Sec. 904.01, the Board determined that due to the property being bordered
by streets on three sides, a special circumstance does exist, strict applica-
tion of the provisions of the Code would deprive the applicant of reasonable
rights, special circumstances do not result from the actions of the applicant,
as the house was not constructed by Mr. Thompson, granting of the variance
will not cause detriment to the public welfare, and granting of the variance
will not constitute a special privilege denied to other lands in the district.
Mr. Garthwaite pointed out that the setbacks as they now are conform to the
Code, therefore granting this variance will not increase a non-conformity.
Mr. Garthwaite motioned that the variance be granted with the condition that
the courtyard area not be roofed over.
Mr. Thompson asked that it be clarified that this would not include a screen,.
as he may wish to screen it over. The Board members agreed it could be screened.
Mr. Roush seconded the motion. The motion CARRIED 6-0.
Mr. Wetzel spoke to the Board about procedure to follow when directing questions
to applicants and others corning before the Board. He asked that the members
speak one at a time.
The Chairman called attention to the need to hold an election. Because all
members were not present he advised that this matter will be on the agenda for
the next meeting.
Mr. Newell asked if there was not something that could be done to advise
neighbors of a variance request if they lived across the street, instead of
abutting, such as the case just heard. Also discussed was the problem of
where the sign is posted on the property. The secretary was asked to advise
applicants that the sign should be posted in such a manner as to be visible
without the need for anyone to trespass on their property.
After a lengthy discussion concerning how to advise surrounding property
owners of variances and special exceptions requested, and who should be
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notified, Councilman Spencer suggested that the secretary get the advise
of the City Attorney and have this information ready for the next meeting.
The members said they did not want to create a legal situation which would
be difficult to follow, but they would like the City Attorney's opinion of
the best way to handle this problem, and advised Mrs. Taylor to write to
Mr. Alvarez for his advice.
Mr. Garthwaite raised the subject of who is to be considered the authority
on the Comprehensive Plan. He has been informed that the Planning Commission
is the authority on the Comprehensive Plan and that the Board of Adjustments
should not discuss it or consider it when they are holding a hearing for
special exceptions. The Board receives the recommendation from the Planning
'Commission which states that it does or does not comply with the Compo Plan.
Must the Board of Adjustments accept this as final? Mrs. Taylor agreed to
bring this question to the City Attorney.
The meeting was adjourned at 7:45 p.m.
Minutes submitted by Joan Taylor