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07-12-1984 u (J CITY OF EDGEWATER Board of Adjustment July 12, 1984 Minutes Chairman Martin called the regular meeting of the Board of Adjustments to order at 7:00 p.m. in the Community Center. ROLL CALL \ Members present: Mrs. Martin, Mrs. Murphy, Messrs. Garthwaite, Newell, Roush, Savini and Moran. Also present: Mrs. Taylor, Secretary. APPROVAL OF MINUTES A motion was made by Mrs. Murphy, seconded by Mr. Roush and CARRIED 7-0 to approve the minutes of the May 10, 1984 meeting. ELECTION OF OFFICERS Mrs. Martin opened the floor for nominations for Chairman. Mr. Newell nominated Mr. Garthwaite. The nomination was seconded by Mr. Roush. Upon a roll call vote Mr. Garthwaite was elected Chairman by a vote of 7-0. Mr. Roush nominated Mr. Newell as Vice Chairman. Mr. Savini seconded the nomination. Mr. Newell nominated Mrs. Martin for Vice Chairman and Mr. Garthwaite seconded the nomination. Mr. Newell asked that his name be withdrawn for consideration of Vice Chairman. Upon a roll call vote, Mrs. Martin was elected Vice Chairman by a vote of 7-0. Mrs. Martin turned the meeting over to the new chairman, Mr. Garthwaite. NEW BUSINESS Fagg Shawver -Request for a variance to permit a small apartment with a square footage of 607. 800 square feet is requires by the Code. This to be located at 2001 S.Ridgewood Avenue, in a B-3 zone. Mr. Shawver was present to explain his plans to the Board members. Proper advertising and posting of the property was confirmed by the secretary. Mr. Garthwaite referred to the requirements for the B-3 zone, noting that residential is a permitted use in this zone. The floor area requirement is for 800 square feet. Mr. Shawver said that the area is now used for storage but he explained that originally he had planned to make it into an apartment. He said that it would be for security purposes, as they have had breakins and robberies at the business place. Mr. Savini mentioned that there is only one exit from the apartment. Mr. Roush had no objection to the request. Mrs. Murphy asked about the reason- ing behind the original granting of the variance because it is a nonconform- ing building. Mr. Garthwaite explained that his original request would not increase the nonconformance because the building was set back from U. S. 1. Mrs. Murphy did not see that it made any difference whether it is used for storage or if he is living in it, the way it is now set up. She expressed surprise that he was permitted to build 15 feet back when the code calls for 40 feet. Mr. Newell referred to the minutes of the Planning Board dated February 2, 1983, and pointed out that Mr. Shawver stated that he was not intending to live in it. Mr. Newell also noted that a floodlight was stipu- lated at the time he received approval, but that has not been installed. Mr. Shawver said that the light is on order now. Mrs. Martin asked what was planned to be stored in the one small storeroom. Mr. Shawver said that at this time he just has bar stools, old fans and heaters. The members expressed concern about the possibility of a fire hazard with just the one exit. Mr. Garthwaite pointed out that this would come under the jurisdiction of the Fire Department and the Building Official. o ~ Mr. Garthwaite referred to the criteria for granting a variance and pointed out that (c) states that the special circumstances and conditions do not result I from the actions of the applicant. Mr. Shawver has made his own problems and is now asking for refief. Mr. Bennington, Chairman of the Planning and Zoning Board, was present, and referred to the motion made by Mr. Winters when the site plan was approved, in which Mr. winters recommended approval based upon his testimony that it would be used as a storage room. He noted also that he was to put in the parking lot, the lights, and upgrade the area with planters, etc. Mr. Shawver responded that there is a buffer zone there and it has been upgraded. Mr. Garthwaite pointed out that the Board is concerned with the granting of a variance for 607 square feet from 800 square feet for a residence in a B-3 zone. Mr. Opal, in the audience, said that he has heard that electricity and plumb- ing is in already in anticipation of an apartment, and no permits were pulled. The members referred to Section 904.01 and reviewed the criteria for granting a variance. They determined that there are no special circumstances which are peculiar to the applicant's land or structure, strict application of the provisions of the ordinance would not deprive the applicant of reasonable rights, special conditions do result from the actions of the applicant, and that granting of the variance will constitute a grant of special privilege. The applicant failed to meet four of the five criteria for granting a variance. Mrs. Martin motioned to DENY the request for a variance to reduce the square footage from 800 to 607. Mr. Roush seconded the motion, which CARRIED 7-0. Mr. Garthwaite advised Mr. Shawver that the request has been denied and that he may appeal the decision to the Circuit Court. Mr. Shawver said that it wouldn't be too much of a hardship to add 200 square feet to the structure, but he felt it was not really too necessary. He men- tioned that Mr. Hardy, with the Florida Power and Light, had stated that it doesn't make sense to put a street light across the street, because there is a street light across the street from the parking lot. Mr. Garthwaite informed Mr. Shawver that to make any changes he would have to go back before the Planning and Zoning Board with his plans. MISCELLANEOUS Mrs. Murphy asked for clarification as to whether a corner lot has two fronts, and if not, why does the setback have to be the same on all sides. She expressed concern because of fences which are being built; they are apparently considering it as only one front, but their side is the front to the other lots on the street. Mr. Bennington said that the ordinance says you cannot fence a corner lot on the front or the side. He read the definition of frontage from the Subdivision Ordinance, which says it is the length of the front property ,line of the lot, lots or tract of land abutting a public street, road, highway or other right of way. The Plan- ning and Zoning Board considers a street any street that property abuts. Mr. Newell motioned to adjourn, seconded by Mrs. Martin. The meeting was adjourned at 7:45 p.m. Minutes submitted by Joan Taylor Board of Adjustments July 12, 1984 - 2 -