Loading...
11-10-1983 <.) Q CITY OF EDGEWATER Board of Adjustment Regular Meeting November 10, 1983 Minutes Chairman Martin called the regular meeting to order at 7:00 p.m. in the Shuffleboard Clubhouse. ROLL CALL Members present: Wetzel and Roush. Mrs. Martin, Mrs. Murphy, Messrs. Newell, Garthwaite, Also present: Mrs. Taylor, Secretary. APPROVAL OF MINUTES Mr. Newell motioned to approve the minutes of the October 13, 1983 meeting; Mr. Garthwaite seconded the motion, which CARRIED 6-0. OLD BUSINESS - C. E. Clark - Request for a variance to construct an enclosure at 1938 S. Riverside Drive. This case was tabled at the October 13, 1983 meeting. Mrs. Martin explained that this hearing was tabled at the last meeting in order to get a legal opinion as to the amount of variance which the Board can give, and to give the members time to review the restrictions on the deed. The attorney's opinion was also sought regarding the advertising of the variance request. The Chairman called attention to the Secretary's memo concerning the City Attorney's opinion on these questions. Mr. Alvarez noted that the substance of the request is the variance, not the amount of the variance, therefore the advertisement is legal. He also advised that the Board may use their discretion as to the size of a variance they grant. Mr. Clark explained that his addition would be just 20 percent cover?ge; if considering the whole building, including the present structure, it would be 21.9 per cent coverage. He also commented that his proposed addition would be in accord with the rules and regulations of the development. Mr. Clark said he wanted to raise the present slab about one foot to get it up out of the water. Mr. Garthwaite was concerned about the 1-1/2 foot from the edge of the addition to the edge of the existing townhouse. He remarked that if the adjoining property owner also adds an enclosure, this would leave very little space between the buildings. This would trap heat, be an attractive nuisance for children, and create maintenance problems. He suggested reducing the size of the room. Mr. Clark agreed to reduce it to 12 feet by 15 feet. Mr. Wetzel motioned to grant the variance to authorize Mr. Clark to build a room 12 feet deep by 15 feet wide; the center line of the addition to be on the center line of the existing building. Mr. Roush seconded the motion, which CARRIED 6-0. Helen Lovelland Bailey Lovell, request for a Special Exception to permit a duplex in a B-3 zone, in compliance with the R-4 dimensional requirements, and a variance of approximately 15 feet for the lot depth. Verification of proper advertising and posting of the property was established. The secretary advised that she had received no correspondence on thls case. Abutting property owners were notified of the request. Mr. Garthwaite asked is there was any reason Mrs. Lovell did not go to the Zoning Board for rezon- ing instead of requesting a Special Exception. Mrs. Lovell said she was under the impression that this was the proper channel to use. Lot 20 is zoned commercial; lot 19 is presently zoned R-4. Mrs. Lovell's plans show a carport and one parking space for each unit. A copy of a letter from the Planning Commission, advising that they approved the site plan request, was provided to the Board members. Mrs. Murphy pointed out that Mrs. Lovell has purchased 35 feet from the lot to the west, leaving 15 feet. She questioned when the former owner, Mr. Alexander, built the triplex to the west. She referred to the Code con- cerning nonconforming lots, Sec. 400.01, which states, "If more than two (2) lots or combinations of lots and portions of lots with continuous frontage in a single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements ..,1 o o established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance." Mrs. Murphy suggested it would be necessary to determine when this lot was divided and sold off because Mrs. Lovell's property does not meet the area requirement. Mrs. Murphy made a motion to table this case until it was determined when the building site lot was created. Mr. Garthwaite seconded the motion. Mr. Garthwaite said he thought they should know all the legalities of it before a decision is made. Mr. Newell commented that he thought a 15 foot variance is quite a large variance. Mrs. Lovell said that she has met all of her set back requirements; she needs a variance to permit ~er to build on a lot which is not deep enough; her lot is 95.4 feet deep and the Code calls for 110 feet. The lot in question is Lot 19. The motion CARRIED 5-1. Mr. Wetzel voted No. The Chairman advised Mrs. Lovell to let the secretary know when she has obtained the information required so that the case can be placed on the Agenda; she said they might call a special meeting. MISCELLANEOUS The Board members discussed a letter received from John McGregor, 112 N. Ridgewood, who asked what he would need to do to obtain a building permit to build on a lot across from 210 N. Riverside Drive, which measures 75' wide by 300' deep. Mrs. Taylor explained that she has had several calls from people interested in buying this same lot since the "For Sale" sign went up. She asked the Board members to advise how to answer this letter. It is the secretary's understanding that if that piece of property was platted prior to the zoning ordinance there is no need to go before the Board of Adjustment. Mrs. Murphy said she thought it would be considered part of the property on the east side of Riverside Drive. The land was bought from the State, she stated. This was to protect the riverfront view. She questioned if this was bought from the State prior to the zoning ordinance would this make it a building lot. It was agreed to advise Mr. McGregor that he will need to provide the Board with documentation of the property as it is recorded in the County records before they can give him the infor- mation he has requested. The Board discussed the request of Mr. Geo. Gansel reo a lot in Edgewater Acres which he~considering buying. The lot is nonconforming, and does not meet Code as to depth. Can he get a building permit or will he need a var- iance as to depth of the lot? After some discussion, the Board members determined that this is a buildable lot, but Mr. Gansel would need to obtain a variance for the depth of the lot before a building permit could be issued. Mrs. Murphy brought up that she has heard that someone is planning to build "stick" houses on the islands on the way to the beach. She thought perhaps someone should do something to prohibit it such as the Zoning Commission. The meeting was adjourned at 8:45 p.m. Minutes submitted by Joan Taylor. Board of Adjustment Regular Meeting November 10, 1983 - 2 -