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01-10-1985 o Q CITY OF EDGEWATER Board of Adjustment January 10, 1985 Agenda Mr. Garthwaite called the regular meeting to order at 7 p.m. in the Community Center. ROLL CALL Members present: Mr. Garthwaite, Mrs. Martin, Mrs. Murphy, Messrs. Newell, Roush, Savini and Moran. Also present: Mrs. Taylor, Secretary, and one member of the press. APPROVAL OF MINUTES Mr. Newell moved for approval of the December 13, 1984. The motion was seconded by Mr. Savini and CARRIED 7-0. OLD BUSINESS Robert H. Cochrane ~ Request for a 5-foot rear setback var~ance at 929 Flagler Avenue - Continuation from December 13 meeting. Mr. Cochrane was present and Mr. Garthwaite advised that he was still under oath. Mr. Cochrane's new sketch with the relocated addition was reviewed by the members. Mr. Garthwaite explained that the new sketch indicated the addition to be in such a location as to not increase his nonconformity. It was noted that Mr. Cochrane was now asking for a 12 foot variance to the rear setback requirement. Therewas some discussion about the fact that the original variance was advertised as 5 feet. It was agreed that this was in error. Because the City Attorney had stated previously that if a variance has been advertised, due public notice has been given, and the amount of the variance is irrelevant, the members agreed to proceed with hearing the case. The members reviewed the criteria for the granting of a variance and found that this request meets all the five criteria. Mrs. Martin moved that the 12 foot variance requested be approved. The motion was seconded by Mr. Roush and CARRIED 7-0. NEW BUSINESS James L. Ogden - Request for a special exception for operation of a trans- mission clinic and general auto repair business at 821 W. Park Avenue in the I-I zone Mr. Ogden was sworn in. The Chairman pointed out that the Planning and Zoning Board has reported that this use meets the Comprehensive Plan and the Industrial Board is not opposed to this business in the industrial zone in this instance. Upon questioning by Mr. Newell, Mr. Ogden said that there would be no cars in front of the building; they would all be in the back. Mr. Savini asked about the junk cars in back and Mr. Ogden said that those did not belong to his business, but the landlord has assured him that they will be removed. The members felt there was ample space in back and noted that the business was kept clean and orderly. The members reviewed the criteria for the granting of special exceptions as set out in Sec. 903.00 and found that this case meets the outlined requirements for a special exception. A motion was made by Mr. Savini and seconded by Mr. Roush to approve the special exception. The motion CARRIED 7-0. (.) o T. L. Jones - Request for a 10' variance to the front setback requirement to construct a duplex at 1958 and 1962 Fern Palm Drive The Chairman referred to the letter from the Building Official in which he states that after discussing this matter with the City Engineer and the Public Works Superintendent they recommend that the structure needs to be placed 30 feet from the front property line. Mr. Savini noted that the 30 foot setback would bring this building in line with the other buildings on the street. Upon questioning by Mr. Roush the site plan showing.the location of the structure on the lots was viewed by the members. The living area of each unit will be 1266 square feet. The property will be graded back to the canal. Mr. Jones stated that his property goes to the other side of the canal. Hrs. Murphy said that moving the property forward 10 feet would be to the advantage of everyone involved and Mr. Garthwaite agreed that this is a classic case for a variance. The members went over the criteria for the granting of variances and found that this request met the criteria as outlined in Sec. 904.00. Mr. Newell moved that this request be granted; the motion was seconded by Mr. Savini and CARRIED 7-0. It was determined that this case and the previous case of Mr. Ogden was advertised and posted according to the requirements of the Code. The Chairman called a 10 minute recess. George A. Cameron, Jr. - Request for permission to sell beer on the premises at 2001 S. RiversideDrive as an accessory use to a fish camp. Mr. Garthwaite explained that Mr. Cameron not only wants to sell beer but he wants to have permission to let it be consumed on the premises. In order to get a license to do that he has to get approval from the City of Edgewater. Mr. Cameron was sworn in. Mr. Cameron said that he has been selling beer for about two years and has an AP license, which is the same as a Handy-Way Store would have. To get a COP license the State requires the application be filed out by the Health Department and the Zoning Board. He explained that people who come into the fish camp want to be able to drink a beer while they're cleaning their fish or working on their boats. He has the approval of the Planning and Zoning Board but was advised by the City Attorney and Mrs. Kinsey that he needed the approval of the Board of Adjustment. Mr. Garthwaite said that if it is determined to be necessary the Board could put restrictions on the permitted use, if they decide to approve it. Mr. Cameron said that a lot of people buy their beer at the fast food markets and bring it to their boats to drink, because he cannot permit them to buy from him and drink on the premises. Mr. Roush asked if he intended to advertise and Mr. Cameron said that he did not think that he would be permitted to advertise on the outside of the building. There were approximately 25 people present in the audience who were interested in this case. Mr. Garthwaite informed them that he would first let anyone speak who was opposed to the consumption of beer on the premises, and then those in favor of it could speak. Mrs. Betty Muni said that she has not decided whether she favors or is opposed to the granting of the request. She owns the vacant lot on the northeast side of Riverside and Boston Road. Mrs. Muni asked if there is someone at the fish camp when the owners of the boats are there working. Mr. Cameron said that there is always somebody there. Mrs. Muni also asked if they could be advised of the restrictions if it is granted. Mr. Newell responded that if the Board grants the use requested the restrictions, if any, would be stated. No one present spoke in opposition to the request. The Chairman said that if this is granted he would like to see some restrictions such as not opening up a tap room or stepping it up into a type of bar. He would like to see it stay strictly for packaged beer with consumption on the property. Mr. Savini wondered if there should be a curfew, and Mrs. Martin mentioned that there may become a need for Board of Adjustments, January 10, 1985 - 2 - o ~ additional policing because of the additional Mr. Cameron said there is no lighting outside working on their boats late at night and that 9 p.m. he likes to watch T.V. drinking on the outside. where people would be he lives there; after Mr. Savini moved that the requested use - to sell pre-packaged beer for consumption on the premises - be granted. The motion was seconded by Mrs. Martin and CARRIED 7-0. Mr. Garthwaite advised Mr. Cameron to contact Mrs. Kinsey so that she could sign the application. The Board received a round of applause. MISCELLANEOUS Dan Harper - request for information concerning variance Mr. Harper presented a drawing to the Board members showing his new proposal for an addition to his house at 1932 Kumquat Drive. He explained that this drawing is the same as was presented previously except that this one has the corrected figures and is drawn to scale. On the other drawing he had indicated that there was 33 feet from his property line to the house. He has reduced the size of the garage, so that he now needs just a 6 foot variance instead of an 11 foot variance. He also checked the view on the street coming to the corner and from 64 feet you can see a car coming when it is 120 feet from the corner. He noted that there is a lake on City property across the street from the house. He said the house is block and he wants to put stucco on it. Mr. Harper said that they adopted a girl and he was not aware until after adoption proceedings started that because the child is a girl, and he has two boys, he would have to have a separate room for her. Mr. Harper said that if he puts the room on the other side of the house he has 33 feet but he has to give 12 feet for a right of way. Mr. Garthwaite noted that in order to build the garage Mr. Harper needs a variance between the garage and Kumquat and between the garage and 20th Street. Mrs. Murphy pointed out that the house is already non- conforming to the back. The lake to the front of his house is to his benefit, she commented. Concerning the argument that the children may be endangered by the canal, it was her opinion that children don't stay in one part of a yard, and they will soon be grown up. Mr. Harper indicated he intends to put a 6 foot fence up for the children. Mr. Newell said that if you consider this a hardship it has developed since he bought the house~ Mr. Savini was concerned about the view of the cars approaching the intersection of 20th Street and Kumquat Drive being obstructed by the addition, pointing out that the cars travel at a good speed down Kumquat. The safety of other people has to be considered. The Chairman advised Mr. Harper that it appears the Board still has reservations about granting a request for a variance as explained by him tonight, and recommended that he consider building his addition at the other side of the house. He has 33 feet on that side of the house. Mr. Harper pointed out that he has to keep the right of way open for the Florida Power and Light Company. The Chairman polled the Board members and each expressed the opinion that they could not approve a request for a variance as presented. The Chairman suggested that the procedure to be followed in reviewing the request for Administrative Review of the Building Official be outlined. This request listed four items for clarification. The members discussed the procedure followed in the issuance of occupancy licenses. Mr. Garth- waite directed the Board members to go to the site to see what is there and to familiarize themselves with those sections of the Code which are said to be violated. Mr. Newell moved to request that the City Attorney be asked to attend the meeting scheduled for January 15. The motion was seconded by Mr. Roush and CARRIED 7-0. The members also felt that the Deputy City Clerk should be invited to attend the meeting. Mr. Newell moved to adjourn the meeting, which was seconded by Mr. Roush. The meeting was adjourned at 8~55 p.m. Minutes prepared by Joan Taylor Board of Adjustments, January 10, 1985 - 3 -