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03-14-1985 ..... p 9 CITY OF EDGEWATER Board of Adjustments March 14, 1985 Meeting Minutes Chairman Garthwaite called the regular meeting to order at 6:58 p.m. ln the Community Center. ROLL CALL Members present: Messrs. Garthwaite, Newell, Roush, Savini, Moran, Mrs. Murphy and Mrs. Martin. Also present: Mrs. Taylor, Secretary and one member of the press. APPROVAL OF MINUTES Mr. Newell moved for approval of the February 14, 1985 minutes. The motion was seconded by Mr. Savini and UNANIMOUSLY APPROVED. OLD BUSINESS Kenneth J. Winter - Request for a variance to construct a Florida Room on the north wall of an existing house at 10 MarilynDrive in the R-4 zonlng district. This case was tabled at the last meeting. Mr. Newell moved that this case be taken off the table, seconded by Mr. Roush. The motion CARRIED 7-0. Mr. Kenneth Winter was present to speak to the members. He had submitted a letter to the members concerning an article in the Florida Real Estate Manual of Principals and Practices and published by the State of Florida, Division of Real Estate, which stated,"Better than 80% of all the lands subdivided prior to 1970 would not conform with todays' building codes. Therefore, it was obvious that a method had to be determined for over- coming the inequities on a lot to lot basis, for those subdivisions whose existence was, although lacking in any real conformity, nevertheless a fact. It was decided that a common sense approach should be taken and individual applications for variances or adjustment of the existing zoning to eliminate obvious hardships caused by the scourge of poor city planning, would be heard by a special committee, appointed by the council, and known as the Board of Adjustment. It is the judicial right of this board to approve any application for variance, irregardless of existing zoning and by-laws, when it has been determined through the media of advertising, that no objections have been filed, and the granting of said variance will create no future hardships." Mr. winter stated that it is his opinion that this is the case in his application for a variance and asked that his request be granted. Mrs. Murphy pointed out that the Florida Real Estate Manual of Principals and Practices has nothing to do with the legislation of Florida. It is just a text book and is not a finding of the legislature. Also commenting on the statement that it is a 'judicial right', she noted that a right is not the same as an obligation. The Board is not obliged to approve any application for a variance, she added. Mr. Winter wanted the members to know that the letter is not intended to flimflam - it is from the text. It was his feeling that this is a simple application and probably does not neet the preparation he did on it. He wanted to make sure that he did everything legally. Mr. Winter also submitted photographs showing the view from his property immediately south, the garages for the duplex and the location of the place- ment of the Florida room. He pointed out that the addition will be unde- cernible from anywhere. The garage is an enclosed carport, 8 feet on his side and 8 feet on the adjoining property owner's side. The garage straddles the building line, he stated. Mr. Garthwaite noted that the city maps and the plat show that the property immediately north of the Winter property is Community Drive and it is an ~ # ~ 9 R-4 zoning district. That is not school property, he stated. Mr. Winter responded that if that is the case, there would be the road and a 15 foot drainage swale adjacent to the property. Mr. Garthwaite said that the basic problem is that the property is non- conforming in that the house is 15 feet from the property line. At the time the house was built the setback was 20 feet; it is now 25 feet. With the 16' x 20' addition he will be covering approximately 40 percent of the lot and will be within 3 feet of the property line, and will be increasing the nonconforming condition. This has not been allowed in the past. Mr. Winter said that he has to bring a trailer and park it in his driveway to accommodate guests because he does not have the space in his home. He questioned which was better, to have a trailer parked in the front of the house or an undistinguishable room on the back which cannot be seen from anyplace else. In his opinion, he said, this is a hardship. The purpose of the Board is to overcome these hardships, he said, as long as he does not create a further hardship. Mr. Garthwaite pointed out that there is no way to know what will be built there and his plans call for him to go to within 3 feet of the property line. The location of the utilities were discussed and Mr. Winter explained that they go down the mosquito lagoon. The increased lot coverage was discussed. Mrs. Murphy was concerned that there would not be enough soil to absorb the heavy rain. Mr. Winter responded that the drainage canal behind the property handled all the drainage from the property. There are overflow ponds there which have never overflowed. Mr. Garthwaite referred Mr. winter to page 1540, Sec. 400.03 (a) which says that no nonconforming structure may be enlarged or altered in a way which increases its nonconformity. The members reviewed the criteria for the granting of a variance and determined that this request does not meet any of the five criteria set out in Section 904.01 for the granting of a variance. Mr. Winter commented that the outcome of this hearing was almost pre- determined. He asked that nothing of this hearing be put in the papers and stated that he had asked for a closed meeting. Mr. Winter was advised that this Board must meet 'in the sunshine'. The applicant asked that anything which he has said be struck. Mr. Newell moved that the variance request be denied. Mr. Savini seconded the motion which CARRIED 7-0. MISCELLANEOUS The date for reelection of officers was brought up and the secretary was asked to find out when the next election should be and to put in on the appropriate agenda. Mr. Garthwaite reminded the members that three people would need to be reappointed to the Board and they should submit their letter indicating that they wished to be reappointed. Mr. Newell moved for adjournment, seconded by Mrs. Martin. The meeting was adjourned at 7:32 p.m. Minutes prepared by Joan Taylor Board of Adjustments March 14, 1985 - 2 - ~