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12-08-1983 ..' _.~ u u CITY OF EDGEWATER Board of Adjustments December 8, 1983 Minutes Chairman Martin called the regular meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Members present: Roush. Excused: Mrs. Martin, Mrs. Murphy, Messrs. Garthwaite, Wetzel and Mr. Newell. Also present: Mrs. Taylor, Secretary. APPROVAL OF MINUTES Mrs. Murphy asked that the last paragraph of the November 10 minutes be corrected to show that after a discussion regarding undersized lots along the riverfront she had mentioned that in Titusville they are using small lots and putting houses on stilts. She had heard that someone is planning to build "stick" houses on the islands on the way to the beach, and she thought someone should do something to prohibit it from happening in Edge- water, such as the Zoning Commission. Mr. Garthwaite motioned that the November 10, 1983 minutes be approved, with the above correction. Mr. Roush seconded the motion, which CARRIED 5-0. The Board considered the case of Robyne Little under New Business ahead of the Bailey and Helen Lovell case, as Mrs. Lovell had said she would be detained for a few minutes. Robyn Little Request for a variance to permit an existing 4-foot solid fence along the front of her property at 115 N. Riverside Drive. Mr. William Gillespie, attorney, was present to represent Mrs. Little. Mrs. Little was also present. Mr. Gillespie explained the problem. He pointed out that Mrs. Little lives across the street from City Hall, and at all times her home has been readily accessible and visible from the City Hall. He stated that Mrs. Little had approached the Building Department, advising the Building Department of exactly the type of wall she intended to construct, and she obtained a building permit to construct this type of wall. He stated that the building permit clearly reflects that stone wall, to cost in excess of $3,000; not a fence, not a small non-opaque wall, but a stone wall. After the wall was almost completed she was advised by an official of the City that she was in violation of ordinance 706. He was advised by the Building Official that the work must terminate. Mr. Gillespie dis- tributed photographs of the wall for the Board to look at. He stated that the wall is 4 feet high. Verification of proper advertising and posting of the property was established. The secretary advised that the abutting property owners were notified of the variance request. Mr. Wetzel commented that the building permit posted on the property is not signed. The secretary remarked that the original copy of the permit was signed. Mr. Wetzel said he thought the builder should have realized that he was doing something wrong. Mr. Gillespie pointed out that the building inspector had done a footer inspection on the wall. Mr. Garthwaite said that there appears to be quite a bit of distance from Riverside Drive to the wall. He did not believe it would be a safety hazard. He has no objections to the wall. Mrs. Murphy pointed out that Mrs. Little probably needs a fence because of the activity at the City Park, and this is not a corner lot, therefore the fence does not represent a danger to traffic. She felt the fence was quite attractive and would be acceptable. Mrs. Martin said that the Board realizes that it is an error on the part of the City and she did not think the Board should compound that error. Mr. Garthwaite made a motion that the variance be granted. Mr. Wetzel seconded the motion, which CARRIED 5-0. Bailey and Helen Lovell - Request for a special exception to permit a duplex in a B-3 zone, to be constructed in accordance with the R-4 dimensional requirements, and a variance of approximately 15 feet for the lot depth. . ... .. o o This is a continuation of the hearing held on November 10. The members were given a copy of a memo concerning a conversation which the secretary had with the City Attorney about this case. This was to clarify a question raised at the previous meeting pertaining to Sec. 400.01 (a) which states that no division of any parcel can be made which creates a lot with width or area below the requirements stated in this ordinance. Mr. Alvarez stated that lot 19 cannot be built upon, but when used together with lot 20 it would be a buildable property. Mr. Alvarez recommended that the Board stipulate that the applicants have a survey done of the property to show that lot 19 has been eliminated and the land is now a part of lot 20. This plat should be recorded along with the deed. Mr. Brewer was present to represent Mrs. Lovell, who also was present. Mr. Brewer said Mrs. Lovell could comply with this request and they would have a survey prepared which shows lot 19, lot 20 and the westerly two (2) feet of lot 21 as one parcel of land. That would be the building site upon which the proposed duplex would go. Mrs. Murphy asked if, by taking two feet from lot 21, they would be creating another problem. Mr. Brewer said that the next lot is only a 50 foot lot and abuts two lots which go the other direction, and which also belong to the applicant. It will not be buildable as a separate parcel. Mrs. Murphy expressed her concern with the tone of Mr. Brewer's letter, stating that the Board was not questioning whether Mrs. Lovell had a legal lot, but they questioned if it is a buildable lot, and if by taking two feet from lot 21 they would be increasing the non-conformity ,of lot 21. Mr. Garthwaite motioned to grant the variance with the following conditions: that there be a survey as recommended by the City Attorney, and that the westerly two feet of lot 21 be included as suggested by Mrs. Lovell, and that the plat be recorded along with the deed, at the suggestion of the City Attorney. Mrs. Murphy suggested stating "at least" two feet, in case she wanted to make it a little bigger. This may be better for Mrs. Lovell. Attorney Brewer said that probably not, as the land use value would be better with the B-3 zoning. Mr. Wetzel seconded the motion, which CARRIED 5-0. Mr. Garthwaite made a motion to grant the special exception for the in the B-3 zone. Mr. Wetzel seconded the motion, which PASSED 5-0. Garthwaite pointed out that there are triplexes and duplexes in the and this would not degrade the area in any way. duplex Mr. area Miscellaneous The members discussed the problems which arise as a result of permits being issued for proj ectswhich are :.not constructed in accordance with the code. They suggested that perhaps the ordinance number pertaining to the request be printed on the permit indicating that the building inspector has referred to that ordinance. The secretary asked if this was to be for every permit, and the members felt that if he knew the building code, it should not be a problem to cite the ordinance number or section of the code. They felt that this would prevent a lot of problems, because you cannot ask people to tear buildings down at their expense. Mr. Garthwaite made a motion that a letter be directed to the City Clerk recommending that the section or ordinance number be shown on the building permit. Mr. Roush seconded the motion. The motion CARRIED 5-0. Mrs. Taylor told the Board that she had asked the City Attorney if a variance is required for a non-conforming lot which does not comply as to lot depth. and was advised that it was grand-fathered in and no variance is required. Mr. Alvarez also advised that division of a non-conforming parcel is okay if it is used with an adjoining lot to create a conforming lot. The meeting was adjourned at 8 p.m. Minutes submitted by Joan Taylor. Board of Adjustments December 8, 1983 - 2 -