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03-08-1984 ~ u (J CITY OF EDGEWATER Board of Adjustments March 8, 1984, Regular Meeting Minutes The Chairman called the regular meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Members present: Messrs. Wetzel, Roush, Garthwaite, Newell and Savini, Mrs. Murphy and Mrs. Martin. Also present: Mrs. Wadsworth, Deputy City Clerk and Mrs. Taylor, Secretary, and one member of the press. APPROVAL OF MINUTES A motion was made by Mr. Newell and seconded by Mr. Garthwaite to approve the minutes of the February 9, 1984 meeting. The motion CARRIED 7-0. SWEARING IN OF NEW MEMBER Mrs. Susan Wadsworth, Deputy City Clerk, administered the oath of office to Mr. Raymond Savini. Mr. Savini was appointed by City Council on March 5 for a term to end August 6, 1985. OLD BUSINESS Continuation of Richard C. Corey's request for a variance to construct a carport at 12 Blue Heron Lane Mr. Corey's case was continued from the February 9 meeting to give time for a clarification on the setback requirements for single family homes in the R-4 zoning district, and to provide Mr. Corey with the opportunity to submit a corrected survey. These were provided to the Board members. It was noted that Ordinance No. 83-0-23 'establishes the setback requirements for single family homes in this district, and became effective January 23, 1984. It was determined that Mr. Corey was asking for an 18' bring the structure to within 7' of the property line. when the setback for single family in R-4 was 30 feet; at the time the subdivision was approved, giving him a variance, which would His request was made a variance was granted 25 I setback. Mr. Garthwaite pointed out that this is a nonconforming lot and you cannot increase the nonconformity. He stated also that the new ordinance is the law of the City and was in effect when Mr. Corey came before the Board. The new ordinance requires a 40' setback. Mr. Garthwaite made a motion to deny the request for a variance. Mr. Wetzel seconded the motion. Upon a roll call vote, the motion CARRIED 7-0. Mr. Corey asked if he could pave his property beside his home to park his boat. He was advised to talk to the Building Official. NEW BUSINESS Lloyd L. Van Winkle, request for a variance to the side and rear setbacks and a variance to permit a 12' driveway to the rear of his property at 101 S. Ridgewood Avenue Verification of advertising, posting of the property and advising of abutting property owners was made. Mr. Van Winkle was present to speak about his request. Mr. Van Winkle's engineer, Mr. John Amaral, and Mr. Madlow Jones with Rocky's Aluminum, were also present. There was a lengthy discussion about the need for a variance for the existing 12' driveway. Mr. Amaral pointed out that he has shown the retention area" to. be under the driveway. This is required by, the City Engineer. The secretary noted that the Code has been interpreted by the Planning Commission to require a 24' driveway for ingress and egress. That is the reason the variance has been reque~ted. (.) <J Mr. Amaral explained how the drainage area for the property will be laid out. Mr. Van Winkle advised that he would have 150 shrubbery plants put in when it is complete. There will be shrubbery on both sides of the driveway. It was pointed out that the driveway is for private and not public use. Mr. Garthwaite said that the proposed sun-roofs will not increase the non-conformity of the present structure. Mr. Newell asked about the type of construction. Mr. Jones provided a drawing to show the construction, advising that each sun-roof will be of steel beams and posts and have an aluminum roof. Mr. Roush commented that he felt the proposed additions with the driveway as proposed will be a great improvement. Mr. Wetzel had no objection to the request. Mrs. Murphy said she felt it would be well constructed and she favored it. Mr. Garthwaite motioned that the two requests for variances for the two canopies and the driveway be approved. Mr. Roush seconded the motion. Dr. Christensen of 104 E. Park Avenue was present and asked permission to speak. Dr. Christensen asked about whether the noise factor had any bearing on their decision. He said the traffic in and out will be increased. It is his understanding the bays will be for cars to be worked on. They have not been doing that in the past. He pointed out that there is already a great deal of increase in the traffic from the rental business. Mr. Van Winkle said that the bays are mostly for covered parking spaces. There will be a minimal amount of work done there. Dr. Christensen admitted that at this time there is not too much of a problem, but he feared that with the additional cars there it would create a noise problem. The bays are open and directly face his treatment rooms. Dr. Christensen asked about where the shrubbery would go along the driveway. Mr. VanWinkle said there was space there for the shrubbery and would not touch Dr. Christensen's building. Dr. Christensen expressed concern about damage to his building. Mr. Amaral suggested that a curb be designed into the driveway to discourage traffic from getting too close to the building. Dr. Christensen reemphasied his objection to the increased noise which will be created as a result of additional traffic. Mrs. Martin pointed out that with a business area you must assume there will be some noise. Mr. Newell made an amendment to the motion that there be shrubbery on that side and also that the storm water plan be approved by the City Engineer. Mr. Wetzel seconded the amendment to ,the original motion. Mrs. Murphy suggested that the motion include the curb as well as the shrubbery. Mr. Garthwaite withdrew his original motion and Mr. Roush withdrew his second. Mr. Newell withdrew his amendment to the motion and Mr. Wetzel withdrew his second to the amendment. Mr. Garthwaite motioned that the request for two canopies and the 12' concrete driveway with shrubbery on the east side of the driveway and a curb on the east side froml'.thelistree1: to. the building line be approved, and that the City Engineer approve the plans for storm water management. Mr. Newell seconded the motion. Upon a roll call vote the motion CARRIED 7-0. Bill L. Porter - request for a variance to allow four mobile homes on MH-2 zoned property fronting Carol Ann Drive, 250 feet south of Park Avenue It was determined that the request for a variance was properly advertised and that the property was posted according to law. Mr. Porter gave the Board a brief history of the property, advising he has owned it 8 or 9 years. Prior to this the property was zoned MH-l. He asked for the MH-2 zoning so that he can sell the property. He has been before the Zoning Commission, the Planning Commission and the City Council and they have all agreed that this is the best use for the property. The lots will be set up and sold separately. He pointed out that the property is surrounded on three sides by mobile home zoning and the north 250 feet is industrial. Board of Adjustment March 8, 1984 meeting - 2 - '" Q o MJ;". Porter explained that he. can have City water to the property; Mr. Marshall recommended four three-quarter inch lines from where the meters will be installed on Park Avenue to the property. It is high land. Septic tanks ~ill be used for sewage. Mrs. Murphy said she could see no solution to Mr. Porter's problem other than selling the land to Mr. McCallister. She felt Mr. Porter's plan is the best use for the property. Mr. Garthwaite said that if the property was ten acres it would fit the MH-2 zoning requirements because it is surrounded by industrial on the north and mobile home zoning on the other three sides. He has no problem with the proposal. Mr. Newell had reser- vations about approving the variance. He feared that someone would come in with just one lot and want to put a mobile home on it. Mr. Wetzel made a motion that the variance be granted as asked. Mr. Garthwaite seconded the motion. The motion CARRIED 7-0. Mr. Garthwaite commented that the signs on the property giving notification of the request should be located on the property so that they can be seen from the road. MISCELLANEOUS Review new form for application of variances and special exceptions. The new form, which was prepared by the City Engineer, and reviewed by the Board Secretaries, was discussed. The members had no changes to recommend. Mr. Newell made a motion that the new form be accepted. The motion was seconded by Mr. Garthwaite and CARRIED 7-0. Mr. Garthwaite motioned to adjourn, seconded by Mr. Newell. The meeting was adjourned at 8:30 p.m. Minutes submitted by Joan Taylor Board of Adjustment March 8, 1984 - 3 -