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07-11-1985 I u u CITY OF EDGEWATER BOARD OF ADJUSTMENTS July 11, 1985 MINUTES Chairman Garthwaite called the regular meeting to order at 7:00 p.m. ln the Community Center. ROLL CALL Members present: Mr. Garthwaite, Messrs. Newell, Roush and NeF:ll,~~~ Mrs. Martin, Mrs. Murphy, and Mrs. Rufer, secretary. Excused: Mr. Savini. Also present: Mr. Gross, representing Robert Curran, Mr. Racco, representing Eastern Shores Association, Mr. Hawkins, Mr. L. Ogram and a member of the press. ELECTION OF OFFICERS A motion by Mr. Newell to keep Mr. Garthwaite as Chairman and Mrs. Murphy seconded the motion. Motion CARRIED 6-0. A motion was made by Mr. Roush to elect Mr. Newell for Co-Chairman and Mr. Moran seconded the motion. Motion CARRIED 6-0. APPROVAL OF MINUTES Mrs. Martin moved for approval of the June 13, 1985 minutes. The motion was seconded by Mr. Roush and CARRIED ~. b-O OLD BUSINESS C. Leslie Ogram - Special exception Retail Business ln addition to existing use at 220 Mango Tree Drive Chairman Garthwaite stated that this is a I-I district and under the special exceptions any permitted uses in B-1 through B-6 can be included as a special exception in the I-I district. Mr. Newell asked what the purpose of this because it is not zoned right for this type of business. Mr. Ogram said it is zoned I-I, light industry and as he read the code book, in order to have a retail business in that zone you must apply for a variance. Mr. Ogram stated he owned the whole building and has an electric company in one end and presently in the other end is a young man that builds steel buildings and is in the process of moving. Mr. Newell asked what kind of work would be done there. Mr. Ogram answered there will be no work done on the premises, that he was trying to get into the marine hardware business and be strictly a retail business with himself as owner and operator of the business. Chairman Garthwaite stated we have a letter from the Planning and Zoning Board and they had reviewed the request, the parking and everything. Mr. Ogram said copies of the plan showing parking, restrooms, proposed area to be incorporated into this business and general plot plan were reviewed by each member of the Planning and Zoning Board. Mr. Ogram said if any of the Board members wanted to review the plans they were welcome to do so. Chairman Garthwaite stated that under the I-I Special Exceptions light industry, the section that is listed as special exception all permitted uses as set forth in the zoning classification B1 through B6 which should be B2 through B5 because we do not have the other two any more. There would be retail allowed into that area as a special exception. Mr. Garthwaite said the 5 questions have to be answered, the same as with a variance, on page 1642 and 1643. All the Board Members agreed that all the 5 questions were answered ln the affirmative. o Q Mrs. Martin made a motion to approve the request for special exception by Mr. Ogram and Mr. Moran seconded the motion. Motion CARRIED 6-0. A-I Truss Co., Inc. - Request for a variance at 1521 Industr~a1 Road Chairman Garthwaite stated that Mr. Hawkins is too close to the south line of the property and is requesting a variance to keep the building there without having to go to the expense of moving it. Mr. Moran asked if he had received any advice and he replied he had received advice but it was from the wrong people and that is where the noise question care up. Mr. Hawkins said he was trying to get as far as I could away from where we were causing a disturbance and went 8 feet too far. Mrs. Martin asked Mr. Hawkins if there was a permit issued for this building. Mr. Hawkins said he was told, and not by those in authority, that the work could still be done on my original permit when I started the business because it was less than a year. Mr. Hawkins stated that the electrician got a permit to put the power in the building and the power company connected the power on, at that time we found out we were too close to the road. Mr. Hawkins stated when he went to get a permit, and the building was too close to the road, they directed him to the Board of Adjustments for a variance. Mr. Newell said what happened was someone mislead Mr. Hawkins and he did not have the proper permit to build in the first place. Chairman Garthwaite stated as far as the construction is concerned on the building that will be up to the Building Official as to what he wants to do about it. Mr. Garthwaite asked Mr. Hawkins if he had been before the Planning and Zoning Board. Mr. Hawkins said he came before a board and they told him that he would have to go before this committee first, and when he came back before the next board to have the water retention plans in which I have with me at this time. Chairman Garthwaite asked Mr. Newell if he had any questions. Mr. Newell said he felt this should involve the Building Inspector and discussed with the board. Mr. Garthwaite stated that Mr. Hawkins still had to go before the Planning and Zoning Board to approve the site, water retention, because once you put something new on ybuhave to go back for the water retention, etc. Mr. Roush said due to the understanding and according to the letter Mr. Hawkins were't you willing to move the building once there until the city engineer advised you not to moveit for the time being. Mr. Hawkins stated that is is an alternative, we would move it if we could not get the variance. There was an engineer that came by that is employed b~ ;the city from Deland (Mr. Ferrara) said Mr. Hawkins, and he didn't see any problem with the building and this was only his opinion. Mr. Hawkins stated that Mr. Ferrara told him if the Board requested a letter from him he would be glad to send one stating in his opinion there is no problem with the building being there. Mr. Newell said he didn't see any big problem with it being put/'there without a permit and not being put in the proper place to begin with. Mr. Newell said the Board is running up against quite a few of these situations. Mr. HawRins said this came to the building official's attention when they came out on a noise question is when they saw the building and they had never checked the building. Mr. Newell asked about the electric inspection. Mr. Hawkins said the power company came and hooked it on, the man that handled the installation got the permit and he did not know if he checked with the building inspector or not. Mr. Hawkins said there is only power to the building but there are no switches in the box. Chairman Garthwaite said the things that need to be considered is this 8 foot request for variance. Chairman Garthwaite asked if there were any more questions from the members of the board. Hearing none he then asked if there was anyone in the audience that would like to speak on this variance request. - 2- Board of Adjustments Minutes - July 11, 1985 Q o At this time Mr. Racca, representing the Eastern Shores Association stepped forward. Chairman Garthwaite asked him his name and addres.. He said Ralph Racca, S40 Aqua Drive, Edgewater, FL 32032. Mr. Racca stated he is in the Eastern Shores Mobile Home Village. He said the problem of this building if the board approves the current location, in actuality we would be better r off. Mr. Racca said if the board forces Mr. Hawkins to move it it will contribute to an already troublesome noise problem which is in violation of the spec as Mr. Hawkins knows now and he is taking certain actions on hiring a noise expert as he was advised by the board and given a month to meet the required noise levels. Mr. Racca stated that the building in question is better left where it is closer to the street and further from the Mobile Home Park. Mr. Hawkins stated that he brought all the problems on himself when he talked to the right people but I have moved machinery out of the building because we either had to use it and pay for it or let it be returned. If approved Mr. Hawkins said the building will be used for an office or a warehouse. Chairman Garthwaite said the five points must be met on page 1644 to grant a variance. Mr. Garthwaite read each section and they were all met with approval except Alice Murphy voted no on section a. Chairman Garthwaite stated the motion was ready and Mrs~ Martin made the motion to approve the request for the variance for A-I Trust Company and Mr. Moran seconded the motionl Motion CARRIED 5-1. Mrs. Murphy voted no. NEW BUSINESS a rear setback variance of a roximatel 22 510 S. Riversi e Drive Mr. Larry Gross, the authorized agent for Mr. Curran, is requesting to remove the existing wood frame garage and add to the existing garage (block) which would extend into 20 foot rear setback line. Chairman Garthwaite said this is all in one district. Mr. Garthwaite also stated he felt the setback was more than 20 feet, it was 30 foot. Mr. Gross said he did not understand something, the garage actually faces Connecticut, so would that be called the rear setback, when it is actually a side setback to the garage but a rear setback to the house. Mr. Garthwaite said what you have to go by is the house which is located on Riverside Drive then go back that way and the rear setback is at the western side of that piece of property. Mr. Garthwaite stated what was being looked at is a 30 foot setback on the rear of the property, from the rear of property to the first building should be 30 foot and at present with the wooden structure there, it is 7.5 and what he is requesting to do is to remove the wooden structure and enclose it as the large solid line structure shows on the drawing. An in depth discussion followed on these two non-conforming structures. Chairman Garthwaite stated this is dealing with a non-conformance and incr~asing a non-conformance. The board had the following 5 steps to conslder before granting a variance, listed on page 1644 of the Code Book. (a) Special circumstances exist which are peculiar to the applicant's land structure or building and do not generally apply to the neighboring , lands, structures, or buildings in the same district or vicinity. The general feeling of the board that the answer to question a) is no. (b) Strict application of the provisions of this ordinance would deprive the applicant of reasonable rights commonly applicable to other properties in the same district. The general feeling of the board that the answer to question b) is no. - 3- Board of Adjustments Minutes - July 11, 1985 o ~ (c) The special circumstances and conditions do not result from the actions of the applicant. The general feeling of the board that the answer to question c) is yes. (d) That granting of the variance will not cause substantial detriment to the public welfare or impair the purposes and intent of this ordinance. The general feeling of the board that the answer to question d) is no. (e) That granting of the variance will not constitute a grant of special privilage, that is denied by this ordinance to other lands, structures, or buildings in the same district. The general feeling of the board that the answer to question e) IS no. Chairman Garthwaite asked for a motion. Mrs. Martin made a motion to decline the request for a variance to increase or change the non- conformity at 510 S. Riverside Drive and Mr. Roush seconded the motion. Motion CARRIED 5-1. Mrs. Murphy voted no. Chairman Garthwaite stated that the request for Mr. Curran has been denied by the Board of Adjustments. MISCELLANEOUS Chairman Garthwaite said he had talked to Jose' Alverez and the board is to talk with the applicants as little as possible and if they try to explain what they want to do or why they want to do it or the troubles they are having, as politely as possible tell them the meeting is the place to discuss it, and we will ask questions at the meeting. ADJOURNMENT Mr. Newell made a motion to adjourn and Mr. Moran seconded the motion. Motion CARRIED. Minutes submitted by Barbara K. Rufer -4- Board of Adjustments Minutes - July 11, 1985