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08-09-1984 ~ o ~ CITY OF EDGEWATER Board of Adjustments August 9, 1984 Minutes Chairman Garthwaite called the regular meeting to order at 7:05 p.m. in the Community Center. ROLL CALL Members present: Mrs. Martin, Mrs. Murphy, Messrs. Garthwaite, Newell, Roush and Moran. Excused: Mr. Savini. Also present: Mrs. Taylor, Secretary, and one member of the press. APPROVAL OF MINUTES A motion was made by Mr. Newell and seconded by Mrs. Martin to approve the minutes of the July 12, 1984 meeting. The motion to approve CARRIED 6-0. NEW BUSINESS William K. Riggle - Variance request to the area requirements for the R-4 Zoning District from 8,250 to 8,000 square feet to construct a duplex on property located south of the Indian River Boulevard on Fern Palm Drive. Mr. Garthwaite called attention to the letter from the City Attorney con- cerning this case. Mr. Riggle was present, and upon questioning by Mrs. Murphy, explained that the 25 foot canal at the back of his property is not a part of his legal description. Mr. Newell asked if the owner is planning to build a brick wall at the back of the property next to the canal. Mr. Riggle said that he would need fill but he does not intend to build a wall there. He explained that he was required to provide water retention by the City Engineer and circulated a copy of his water management plan to the members to review. His rear setback is 30 feet; the Code requires 25 feet. Posting, advertising and notification to abutting property owners of the public hearing were verified. Mr. Opal, in the audience, asked if the public hearing notice posted on the property stated it would be a quadraplex. Mr. Riggle responded that it is posted for a duplex and a copy of the notice is in the file. The Board members reviewed the criteria for granting a variance, Section 904.01, and determined that Mr. Riggle's request does meet these require- ments. Mrs. Murphy asked if the building next door to the subject property is a duplex, as stated in Mr. Alvarez' letter. Mr. Riggle said that it is a single family home and then there is a duplex. Mr. Roush motioned that the variance request be granted. The motion was seconded by Mrs. Martin and CARRIED 6-0. Mr. Newell pointed out that he will need to provide the water retention data to the City Engineer before he pulls his permit. MISCELLANEOUS Mr. Garthwaite said that he understood listed on his agenda, had been pulled. in Florida Shores. The secretary said agenda. the letter from the Building Official This concerned 100 by 80 foot lots that it was not listed on the revised ~ ~ 9 Mrs. Taylor referred to the City Attorney's letter in which he stated that the Board could either grant the variance request (re. Mr. Riggle's request), or rule that similar lots are nonconforming lots of record and should be grandfathered in. Mrs. Murphy said that if the grandfather rule applies to only single family the Board cannot really grandfather in lots in R-4. Mr. Garthwaite said he does not know if the Board would want to grandfather everything in or do it one case at a time as it comes before the Board. It was agreed to do this, since the Building Official had pulled his letter on the subject. Mrs. Martin motioned that the meeting be adjourned. The meeting was adjourned at 7:25 p.m. Minutes submitted by Joan Taylor Board of Adjustments August 9, 1984 - 2 -