05-09-1985
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CITY OF EDGEWATER
Board of Adjustments
May 9, 1985
Minutes
Mr. Garthwaite called the regular meeting to order at 7 p.m. in the Community
Center.
ROLL CALL
Members present: Mr. Garthwaite, Mrs. Martin, Messrs. Newell, Roush, Savini,
Moran and Mrs. Murphy. Also present: Mrs. Taylor, Secretary, and a member
of the press.
APPROVAL OF MINUTES
Mr. Newell moved for approval of the April II, 1985 minutes. The motion was
seconded by Mrs. Martin and CARRIED 7-0.
NEW BUSINESS
Coronado Development, Inc. - Variance of 20' to the side setback from Indian
River Boulevard at Royal Palm' Drive 'to construct ;asin'glefamily dwelling on
two lots.
Mrs. Dallas Prater was present to talk about the application, as Mr. Robert
Dewar of Coronado Development was not able to attend the meeting.
Advertising of the hearing and posting of the property were verified.
Mrs. Murphy mentioned that building lots on Indian River Boulevard are
supposed to be 160 feet wide. Mrs. Prater explained that when Mr. Dewar
originally bought the four lots he was not told that there was a 60 foot
setback from Indian River Boulevard. Mrs. Murphy said that if he owned
the four lots at one time then he has created his own problem. Mr. Moran
felt he is asking for quite a bit on the variances. Mrs. Prater said that
when he purchased the property he was not told and did not understand there
was a 60 foot setback; he now has this valuable piece of property which he
cannot do anything with. Mr. Newell asked if he did not question anyone on
it. If he did not then he created his own problem. Mrs. Martin also agreed
that the variance request is excessive, in her opinion. The members agreed
that if the variance were granted it would set the house out closer to the
street than any of the other homes; if the street is widened he would be
much too close to it. It was pointed out that none of the other homes are
this close to the boulevard.
In response to questions, Mrs. Prater advised that Mr. Dewar built the
house to the north of these lots and is part owner of it.
The members reviewed the criteria for granting a variance as listed in
Sec. 904.00. It was agreed by all members that this application does not
meet the requirements of this section.
Mr. Newell moved to deny this request for a variance. The motion was seconded
by Mrs. Martin and CARRIED 7-0 to DENY the variance.
Mr. Garthwaite advised Mrs. Prater that Mr. Dewar will receive a letter advising
him of this action. He may appeal this decision to the Circuit Court, he
explained.
A-I Truss Co., Inc. - variance request of 8 feet to permit an existing building
on the corner of Industrial Road and Eaton Road, in the r-2zoning district
Mr. Orville Hawkins was present to explain this request.
It was pointed out by Mr. Newell that the property was not posted, as is
required by the Code. Mr. Hawkins said that he had given the signs to
his men to put up and didn't realize that it had not been done, until after
some of the board members looked at the property. Mr. Newell said it is
important that it be posted so that the people in the neighborhood know of
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the hearing. He asked if Mr. Hawkins had obtained a building permit and
they had not. Mr. Newell said that in that case he felt the matter should
go to the Building Department. Mr. Hawkins explained that the reason they
did not get the permit is because they were not knowledgeable about the
ordinances. He said that he was told by a general contractor in the area
that the permit he got originally for the business was good up to one year.
Therefore, he did not know he needed to corne back. When he contacted the
electrical contractor to put the power in he went to the Building Office
to get the permit for the power, and they assumed everything was legal.
Afterwards, Mr. Fischer was there and mentioned that the building was too
close to the property line.
Explaining why he got so close to the property line, Mr. Hawkins
because the type of business he has is noisy, they wanted to get
from the residential area as possible,: and went 8 feet too close
Road. In response to questions, he explained that there will be
saw in the building; this building was erected with 6" frames so
could put in 6" of insulation around all the walls and ceiling.
trying to cut down as much as possible on the noise.
said that
as far away
to Eaton
a noisy
that they
They are
Mrs. Murphy asked the Chairman if those people who were present tonight could
be given an opportunity to speak. The meeting could then be postponed and
the property could be properly posted, in case there were other people who
wanted to speak.
Mr. Hawkins said that they have quite an investment in the machine and have
orders waiting to fill.
The question of who is responsible for posting the sign was raised; the
secretary read from Sec. 1000.05 which says that the enforcement official
shall supply the appellant with the official notice sign and it must be
posted in a location which is clearly seen by adjoining property owners
and the public, and shall be posted one week prior to the hearing.
Advertising and notification of adjoining property owners was verified.
The secretary said that she sent a letter to the Eastern Shores Mobile
Horne Village.
A representative from the park spoke to the members briefly about the
noise emanating from the truss plant. Mr. Garthwaite pointed out that
this board is concerned with the variance.
Referring again to the lack of posting, the members agreed that this case
should be postponed until next month and the property owner could post
the property as required by Code.
Mr. Newell asked about the cost of moving the building and Mr. Hawkins
estimated $800.
Mrs. Martin moved to TABLE this request until the next regular meeting of
the Board. The motion was seconded by Mr. Roush and CARRIED 7-0.
Mrs. Martin moved for adjournment, seconded by Mr. Roush. The meeting was
adjourned at 7:32 p.m.
Minutes prepared by Joan Taylor
Board of Adjustments
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May 9, 1985