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02-14-1985 ~ Q o CITY OF EDGEWATER Board of Adjustment February 14, 1985 Minutes Chairman Garthwaite called the meeting to order at 7:00 p. ffi in the Community Center. ROLL CALL Members present: Messrs. Garthwaite, Newell, Roush, Savini, Moran and Mrs. Murphy. Excused: Mrs. Martin. Also present: Mrs. Taylor, secretary, and one member of the press. APPROVAL OF MINUTES Mr. Newell moved to approve the January 10, 1985 minutes. Mr. Roush seconded the motion, which CARRIED 6-0. Mr. Roush moved to approve the minutes of the January 15, 1985 special meeting. The motion was seconded by Mr. Savini and CARRIED 6-0. NEW BUSINESS - Michael J. Shaffer - Special Exception request Mr. Shaffer was not present and the members agreed to delay reviewing this request until Mr. Shaffer arrived. Kenneth winter - Variance request to construct a 12 x 22 ft. addition to the rear of the dwelling at 10 Marilyn Drive, R-4 zoning district. Mrs. Kenneth Winter was present and explained that her husband was not able to attend due to another commitment. This duplex, constructed when the Code required a 20 foot rear setback, presently is 15 feet from the rear property line. Code now requires a 25 foot rear setback in R-4, Mr. Garthwaite explained. The proposed addition would bring the building to within 3 feet of the rear property line. Mr. Garthwaite pointed out that the Code stipulates that a nonconformity cannot be increased. and this is already nonconforming. The location of the building and the lot were discussed at length. Mrs. Winter explained that there is a street and a drainage canal to the north of the property. Commenting on the drawing Mrs. Murphy noted that the house is a duplex but the drawing doesn't indicate that the house is connected to anything. Mrs. Winter said that there is a garage between the two houses and the one garage is on their property. Mrs. Murphy was concerned that the drawing did not properly indicate the total lot coverage in that the garage is not shown. Mrs. winter said that the garage was not in question. She indicated the location of the swimming pool and the location of a 7 foot fence along the property line. It was explained that the Code specifies the amount of the lot coverage which is permitted and if the garage is not shown on the sketch it gives an inaccurate picture. Mrs. Winter offered to submit a corrected drawing but was advised that because the setback is now nonconforming, the amount of lot coverage would not change the outcome of the hearing. Mr. Garthwaite also pointed out that fences in that area are supposed to be only 6 feet high. Mrs. Winter responded that the fence was erected as a safety measure. again The members/pointed out that to add on to the building would be increasing the nonconformity, which is not permitted by the Code. Mrs. winter asked if there was someone else she could talk to about the addition and was informed that she could appeal the Board's decision to the Circuit Court. The members reviewed the criteria for granting of a variance. The general feeling of the Board was that the applicant did not meet the first criteria. Mrs. Murphy again stated her feeling that the drawing should indicate the garage, and Mrs. Winter suggested that the hearing be tabled in order to give her time to submit another drawing. It was pointed out that whether or not the garage is shown would not change the outcome of the case. (.) o Mrs. Murphy suggested that drawings submitted with an application should show all the structures on the lot. Mrs. Winter requested that the hearing be continued until her husband can submit corrected drawings and until he is able to come to the meeting. The members felt that the facts will not be changed by another sketch, but were agreeable to a continuation of the hearing if that is the applicant's wish. Mr. Savini moved that the case be TABLED until the next regular meeting of the Board. Mr. Moran seconded the motion, which CARRIED 6-0. Michael J. Shaffer - Application for a special exception to permit auto repair and parts sales lnan T-2zoning district at 1516 Industrial Road. Mr. Shaffer was present to talk to the Board about his request. Proper posting, advertising and notice to abutting property owners was confirmed. Upon questioning by Mr. Roush, Mr. Shaffer explained that the only work which will be done outside the building may be washing of cars. There will be no body repair work done. The parts sales will be new parts. Jo Lloyd, 16 Camino Real Court, spoke to the members, and introduced her neighbors, Mr. and Mrs. Frederick and Mr. and Mrs. Slaco. Mrs. Lloyd related the problems caused by the use of the property in the last six months. The racing of motors on race cars in the evening and long into the night, with the doors of the building open, has been very annoying to the residents who live nearby. They explained that the police have been called many timesto no avail. Mr. Shaffer said that he is not in the building now and that the race car belongs to the present owner of the building. Mr. Shaffer advised that his hours would be 8 a.m. to 5 p.m. He agreed that some machine work would be done at night. He said that as far as the machine work is concerned, such as the boring bar, it is operated off of a hand drill. Those residents present agreed that if the work was shut down at 10 p.m. they would have no objection. Members of the audience questioned how the truss plant was allowed to go in, saying that it has lowered the value of their property. They wondered if anything could be done about the noise level of the plant. Mr. Garthwaite advised them to report the problem to the Building Official. One gentleman in the audience agreed that if Mr. Shaffer would use some constraints in the operation of his business they would have no objection to his business being approved. He pointed out that a lot of trash is blown onto their property from the businesses and he would like that to stop. Mrs. Murphy pointed out that the special exception, if approved, will stay with the property. The criteria listed in Sec. 903.00 for the grariting of special exceptions was reviewed by the Board, and they were in general agreement that the criteria have been met. Mr. Newell moved that this special exception be granted with the conditions that the noise level will be cut down at 10:00 p.m. to the use of hand tools only and that the large doors on the east side be closed after that time. Mr. Savini seconded the motion which CARRIED 5-1. Mrs. Murphy voted no, as she did not feel that it completely conforms to criteria (b). Mr. Newell moved for adjournment, seconded by Mr. Savina. The meeting was adjourned at 8:05 p.m. Minutes submitted by Joan Taylor Board of Adjustments February 14, 1985 - 2 -