04-12-1984
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CITY OF EDGEWATER
Board of Adjustments Regular Meeting
April 12, 1984
Minutes
Mrs. Martin called the meeting to order at 7:00 p.m. in the conference area
of the Community Center.
ROLLO CALL
Members present: Mrs. Martin, Mrs. Murphy, Messrs. Newell, Roush, Savini
and Garthwaite. Excused: Mr. Wetzel. Also present: Mrs. Taylor, Secretary,
and a member of the press.
APPROVAL OF MINUTES
Concerning the minutes of the March 28, 1984 special meeting, Mrs. Murphy
said that she had listened to the tape and said that the tape indicates that
Mr. Wallace referred to Mr. Frank Marshall. Quoting from her notes she
stated Mr. Wallace said "Mr. Frank Marshall, the City Engineer, and I went
over the property and walked around on it and took a look at it and it was
with his recommendation that we do have the perimeter swale site situation
to take care of it should any rain occur." She stated that Mr. Wallace also
made reference to the City Attorney without anything in writing. Mrs. Murphy
asked that this reference to Mr. Marshall be put in the minutes of the March
28, 1984 meeting. Mrs. Murphy said that the City Attorney had called her and
asked what the reference was to him.
Mr. Newell motioned that the minutes of March 8, 1984 and the minutes of
March 28, 1984 special meeting, with the addition mentioned above, be
approved. Mr. Roush seconded the motion. The motion for the March 8, 1984
meeting CARRIED 6-0. The motion for the March 28, 1984 meeting CARRIED 4-2.
Mr. Garthwaite and Mrs. Martin voted no because they were not present at
that meeting.
Mr. Newell suggested that in the future the Board vote on each set of
minutes singly.
NEW BUSINESS
Pearl Hartsfield - requesting a 10'6" variance to the rear setback require-
ment to construct a 10' x 18' glass enclosure on her property at 607 Mary
Street
Advertising, posting and advising of abutting property owners was established.
It was pointed out that the variance request is for 10'6" and 10.6" as adver-
tised. The Chairman asked the pleasure of the Board on this case. Mrs.
Taylor recalled that in a similar situation the City Attorney had stated
that the substance of the request is the variance, not the amount of the
variance. (See C. E. Clark file.) The Board proceeded to review the appli-
cation.
Mr. Matlow Jones was present to represent Mrs. Hartsfield. He stated that
he has talked to two of the property owners and neither had objections to
the addition. There were no letters from abutting property owners.
It was noted that the Code requires a 20-foot setback from the rear property
line; the survey shows that the existing structure is 19'6" from the property
line. The addition will go into the setback 10 feet. Mr. Jones explained
that the room will have a sloped roof with an 18" hangover. There will be
a 6' sliding glass door into the house from the addition.
Mr. Garthwaite pointed out that the house at present sits one-half foot
into the required setback of 20 feet and stated that in the past the Board
has said that you cannot increase the nonconformity, as this is stated in
the Code. Mr. Jones said that the house has been there about three years.
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After checking the zoning map Mr. Garthwaite said that the subject lot did
not exist in 1981 except as a part of Lot 7. It was apparently created too
small to meet the code. Mr. Jones said that he thought the lot was cut out
of Lot 7 and built on immediately. He estimated the home was built about
three years ago.
The Board reviewed the criteria for granting a variance. In determining
if special circumstances do exist, the members considered if the fact that
the City permitted construction of a home on a lot that was not legal size
constitutes a special circumstance. Mr. Jones said that the house was built
by Webster Construction Company. The members agreed that the special circum-
stances do not result from the actions of the applicant. They questioned
whether granting the variance would impair the purposes and intent of the
ordinance.
Mr. Garthwaite said he felt the Board needed more information about the
property before proceeding with the case. ,
Mrs. Murphy motioned that the case be tabled. Mr. Garthwaite seconded the
motion, which CARRIED 6-0.
Mr. Jones asked if
Garthwaite said he
wanted to have it.
mation is received
this would come up at the next regular meeting. Mr.
was not opposed to a special meeting, if the members
Mrs. Martin advised Mr. Jones that if the proper infor-
he will be contacted as to the date.
Mr. Newell asked what kind of information the Board needed except an answer
to the question of whether the Board can grant a variance on a nonconforming
lot. Mr. Garthwaite said that according to the book they cannot but if
someone has created a nonconforming lot, then maybe the Board, or Council
can grant permission to vary from the ordinance. Mrs. Murphy pointed out
that they started the owner out with a handicap because someone created a
nonconforming lot. Mrs. Hartsfield bought the house about a year ago,
according to Mr. Jones.
If it is determined that the lot was created after the zoning ordinance
went into effect and the house was built in 1980, or thereabouts, the Board
asked that a legal opinion from the City Attorney be sought to find out if
they have the authority to grant a variance in this case. The Board members
also asked that the secretary find out if a building permit was issued, and
if the lot was subdivided illeg~lly in that it is too small to meet Code.
East Coast Aluminum for Marianne Boerckel - requesting a 12-foot variance to
the rear property line at 1936 s. Riverside Drive
Mrs. Marianne Boerckel was present to talk to the Board. Mr. Gary Hine with
East Coast Aluminum was also present to explain the proposal.
It was verified that the property was properly advertised, posted and abutting
property owners notified.
Mr. Garthwaite asked if there is any reason the room addition could not be
moved to the north. Mr. Hine explained that the air conditioner would not
permit it. He stated that the room will be typical screened wall with a
16" kick plate on the bottom, all of aluminum. The room will extend 12' to
conform with the existing room of the neighbors. The type of roof was dis-
cussed. Mrs. Boerckle said that if she put in a gable roof, the same as
the neighbor has, it would be off-center. The applicant's plans call for
a pitched roof. The addition will have bronze trim.
Mr. Garthwaite said he felt it is not the Board's concern what the deed.
restrictions call for. The Board is only considering the variance request.
Mr. C. E. Clark was present and questioned the type of addition being
proposed, and quoted the restrictions to the deed. Mr. Clark said he had
no objection to the structure being put up because it is badly needed, but
he would like for it to conform to the rest of the building.
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March 12, 1984
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Mr. Garthwaite said that the Board's concerns are the size of the building
and the amount of variance required.
Upon questioning by Mr. Newell, Mr. Hine said that the building will begin
two feet from the party wall.
Mr. Savini pointed out that Mr. Clark had the advantage of a corner lot.
He did not see a problem with granting a variance to Mrs. Boerckle for her
screen room.
Mr. Garthwaite motioned that the variance be granted as requested. Mr. Roush
seconded the motion, which CARRIED 6-0.
MISCELLANEOUS
Mr. Garthwaite commented that there are some businesses in the City which
are trying to make the City look nice; both new construction and renovation
of old buildings has been undertaken. He said that he would like to see the
City send those people a letter of commendation, or form a committee to
go around and look at these places and do something like that. There was
some discussion about who should do this. Councilman Spencer was in the
audience and pointed out that the New Smyrna Beach/Edgewater Chamber of
Commerce was doing something along this line. Mr. Garthwaite said he would
get in touch with Doris Massey to see if the Chamber would do some type of
recognition.
The meeting was adjourned at 8:20 p.m.
Minutes submitted by Joan Taylor
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Board of Adjustments
April 12, 1984 Regular Meeting