09-08-1983
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City of Edgewater
Board of Adjustment Regular Meeting
September 8, 1983
Minutes
Mrs. Martin, Board Chairman, called the meeting to order at 7:10 p.m. in
the Community Center.
ROLL CALL
Members present:
Roush and Newell.
Mrs. Murphy, Mrs. Martin, Messrs. Garthwaite, Wetzel,
Also present: Mrs. Taylor, Secretary.
APPROVAL OF MINUTES
Mr. Garthwaite noted that the minutes of the August 11, 1983 meeting
state that Mrs. Martin seconded his motion to deny the application for
a variance from BJ's Flowers and Plants. This should be corrected to
show that Mrs. Murphy seconded his motion. with this change, Mr. Garth-
waite motioned to accept the minutes of the August 11, 1983 meeting.
The motion was seconded by Mr. Newell and CARRIED 6-0.
NEW BUSINESS
James C. Carder, Jr., - Request for a variance to build a single family
residence on a 75-foot wide lot in an R-IA zone across from 210 North
Riverside Drive.
The secretary verified that all public notice requirements such as
posting of the property, advertising and advising abutting property
owners have been complied with.
Mr. John Wilbur was present to discuss the case. He advised that the
property measured 75 feet by 350 feet and that the applicant was request-
ing a five foot variance to meet code requirements. He was informed that
the code requires a 100 ft. wide lot in R-IA districts. Mr. Wilbur said
that the applicant has a contract to purchase the property subject to
getting a variance. Mrs. Murphy referred to Sec. 303.00 of the Code
which states that yards or lots created after the effective date of the
ordinance shall meet at least the minimum requirements established by the
ordinance. Mr. Wilbur advised that they more than meet the square footage
requirements. He was informed by Mr. Garthwaite that the lot must be
100 feet wide if it was created after 1974. Mr. Wilbur asked how this
piece of land was to be used. Mrs. Murphy responded that it was her
understanding that that land was deeded to the upland property owners
for the purpose of protecting their view and all land does not have to be
buildable. She commented that land can be used for growing things and
protecting the view. If you build on land you devalue the property on
the west side. She quoted from the Comprehensive Plan, which states that
the land along the west side of the Indian River should remain open space.
Mr. J. C. Carder, Sr., spoke to the Board members, and noted that the owners
of the property had been turned down on the same request approximately two
years ago. He informed the members that the owners on each side of the
subject property have offered the owner half of what the property is worth.
He said that the owners have had a personal hardship and it is necessary
that they divide their property. Mr. Carder said it is unfair for the
people on each side to offer less than the property's true value. He said
he would back off if those people will offer the same amount as he had
offered for the property. He stated that if the request is denied they
would go to see what the judge says and asked the Board to consider the
hardship of the property owners. The members replied that financial hard-
ship is not ample reason to grant a variance.
There was some discussion as to whether the White's were aware that the
lot was unbuildable at the time they purchased the property.
The secretary read a letter from the file addressed to the City Clerk
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from Frances Brown Johnson dated August 31, 1983, in which she stated
her opposition to the granting of the variance.
Mr. Garthwaite asked why the original request for a variance was denied
two years ago. Mrs. Martin read excepts from the then Chairman's letter
dated April 23, 1981 in which he informed Mr. White that there was no
showing of unnecessary or undue hardship, and that the warranty deed and
the quit claim deed are both dated in 1977, three years after the zoning
ordinance was passed, and that the application does not meet the criteria
of Sec. 904.00 for granting special exceptions.
The members reviewed the criteria set out in Sec. 904.00 and determined
that it did not meet any of the criteria listed. Mr. Garthwaite also
read from Sec. 904.02 which states that financial disadvantages to the
property owner shall not constitute conclusive proof of unnecessary hard-
ship within the purpose of zoning.
Mr. Garthwaite motioned that the request for a variance be denied. The
motion was seconded by Mr. Roush and CARRIED 6-0.
Review of Board Rules and Regulations
The members reviewed the Rules and Regulations, and suggested that para-
graph 6 be changed to show that the meetings are held on the second Thurs-
day of each month. With reference to paragraph 17, it was agreed to strike
the following sentences: "The order in which roll call is taken, votes
called for, or order of speaking is entirely irrelevant and of no signifi-
cance. There is also no need for "motions, seconds and calling of questions"
as used by clubs and other such organizations. When all members indicate
they have finished speaking, the Chairman will state the matter (includ-
ing any special conditions) being voted on and the roll call will be taken
and vote recorded." The Board members suggested the following sentences
be added: "The Chairman shall vote last. All considerations shall be put
before the Board in the form of a motion."
The members discussed paragraphs 7 and 16, but decided to let them remain as
they are. There were no other recommended changes.
Mrs. Taylor advised that the drafted Rules and Regulations will be sent to
the City Attorney for his review and after they meet his approval they will
be brought back to the Board for approval.
Mrs. Martin advised the members that a Special Board of Adjustment meeting
is scheduled for Thursday, September 22, 1983, at 7 p.m. in City Hall.
Mr. Roush advised that he will be out of town on that date and would not
be able to attend.
The meeting was adjourned at 7:55 p.m.
Minutes submitted by Joan Taylor
Board of Adjustment Regular Meeting
September 8, 1983 minutes
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