02-09-1984
~
u
u
CITY OF EDGEWATER
Board of Adjustments Regular Meeting
February 9, 1984
Minutes
Chairman Martin called the regular meeting to order at 7:00 p.m. in the
Community Center.
ROLL CALL
Members present: Messrs. Wetzel, Roush, Garthwaite and Newell, and Mrs.
Murphy and Mrs. Martin. Also present: Mrs. Taylor, Secretary, and one
member of the press.
APPROVAL OF MINUTES
Mr. Garthwaite made a motion, seconded by Mr. Roush, to approve the minutes
of the January 12, 1984 meeting. The motion was UNANIMOUSLY approved.
NEW BUSINESS
Richard C. Corey request for a 7' variance to the front yard setback to
construct a carport at 12 Blue Heron Lane inanR-4 zone.
Mr. Corey was present to explain his request. It was determined that the
property was properly posted and advertised and abutting property owners were
notified of the variance request. Mr. Roush asked about the location of the
property line, whether it was where it was written in by pencil on the print
or at the 25 foot mark from the front of the house. On site inspection of
the property showed that it was paved up to the 25 foot mark. Mr. Corey
said he did not know which was the property line. Mrs. Taylor said that
she had indicated property line on the print at Mr. Corey's direction when
he came into the office with his application. Mr. Corey said that on one
side of his property the road is not near as wide as on the other. The
members discussed the corner posts shown on the survey, which indicate the
setback to be 25 feet.
Mrs. Murphy asked where the 7' variance request came from. Mr. Garthwaite
read the definition of a setback: the minimum distance from the street right
of way and the front line or the side line of the building or any projection
thereof.
The members were in agreement that Mr. Corey's existing setback is 25 feet.
Mr. Corey said that the sidewalk is on his property. Mr. Newell explained
that this house, together with the one next door, was set up to show and
that is the reason the sidewalk was put in. And the road in front of them
is twice as wide as it is in front of the other houses on the street.
Mr. Garthwaite pointed out that in the R-4 district there is no setback
requirement for single family residences. The secretary noted that the
Building Official uses the requirements for a duplex. Mrs. Murphy asked
if setbacks were not uniform for a neighborhood, whether it is a big house,
little house, duplex or an apartment. The members agreed for aesthetic
purposes they should be uniform, but the Code does not give the setback
in this instance.
There was further discussion of the size of the lot and the property line.
Mr. Wetzel said that north of his driveway the berm or right of way is
pavedi the rest of the way it is not. He agrees that from the frontof the
house to the property line is 25 feet.
The members commented on the need for clarification of the setback requirement
for single family homes in the R-4 zoning district. Mr. Garthwaite was of
the opinion that this needs to be corrected immediately by the Council.
Mrs. Murphy asked if this was not established when the plan was accepted
for the subdivision.
u
Q
-.
Mr. Wetzel suggested that the application be tabled until further informa-
tion is received. Mr. Garthwaite agreed, stating that the Board needed
to know where the property line is and what the setback requirements are
for single family in an R-4 zone. This information should come from the
City Attorney and the Building Official.
Mr. Corey said that the house is approximately three years old.
Mr. Newell motioned that more information be provided on the drawings as
to where the lot line is and to get legal advice from the City Attorney
regarding the setback requirements for single dwellings in the R-4 zone,
and that the case be tabled until the next meeting. Mr. Wetzel seconded
the motion, which CARRIED 6-0.
Mr. Corey was advised that he should be present for the next meeting, which
will be held on March 8th.
Mrs. Murphy asked if Mr. Carter was given a variance to build. It is possible
the Planning Commission gave him a variance. She noted that the lot sizes are
too small.
Frank H. Norman, requesting a 7' variance to construct a garage at 125 Monson
Drive.
Mr. Norman explained that at the time the house was built the setback require-
ments were 25 feet, and it has been changed in that area. The house was built
in 1972.
The secretary advised that the property was properly advertised, abutting
property owners were notified and the property was posted as required by the
Code.
Mr. Norman informed the members that he has acquired an additional 30' from
the adjoining lot to the north, but there is a large oak tree there which
he would need to remove in order to separate the garage from the house to.
meet the Code. This would destroy the value of the property. He would like
to conform to the setback of the existing house by adding the garage in line
with the house. He explained that there is a wood deck behind the house,
therefore he cannot move the garage back.
Mrs. Murphy pointed out that the house is already out there (nearer than the
30' required setback), and it is legally there. Adding the garage will not
affect the view as you come around the corner any more than it already has
been affected by the house. The 23 feet setback which he will have is enough
that he can back out of the garage and not be in the street and not get hit.
Mr. Wetzel and Mr. Roush agreed that it would not be dangerous and they had
no objection to granting the variance.
Mr. Garthwaite pointed out that the Code says that no such non-conforming
structure may be enlarged or altered in a way which increases the non-conform-
ity. He asked if the Board is saying that by adding the garage they are not
increasing the non-conformity. They agreed that he is not increasing the
non-conformity because he is not going further into the setback than it is
at present.
Mr. Wetzel made a motion that the variance be granted with the stipulation
that he abide by the drawing submitted with the application. The motion was
seconded simultaneously by Mr. Roush and Mr. Garthwaite, and CARRIED 6-0.
Mrs. Murphy asked what has taken place on the Brown case and was advised that
it is in the hands of the attorney.
The meeting was adjourned at 7:51 p.m.
Minutes submitted by Joan Taylor
Board of Adjust~nts Regulat meeting
February 9, 1984
- 2 -