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10-10-1985 o o ~ . \J CITY OF EDGEWATER BOARD OF ADJUSTMENTS October 10, 1985 7:00 p.m. MINUTES Chairman Garthwaite called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Members present were: Mr. Garthwaite; Messrs. Moran, Newell, Wolfe and Savini; Mrs. Murphy. Mrs. Martin was absent. Also present were: Mr. Pawlak, Contractor applying for a Variance; Mr. and Mrs. Ralph Miller, applying for a Variance; Mrs. Sue Kosmas, respresenting Mr. and Mrs. Miller; interested abutting property owners of Shangri La Village; Mr. Frank Opal, New Smyrna Beach resident. APPROVAL OF MINUTES Mr. Garthwaite called for approval of the July 11, 1985 minutes. Mr. Moran stated Mr. Newell had been entered twice as being present. Mr. Newell then pointed out approval of minutes of June 13, 1985, had been stated as being Carried 7-0, when just six members were present. A motion was made by Mrs. Murphy to approve the minutes as corrected, seconded by Mr. Savini. CARRIED 6-0. Mrs. Martin, Board member, arrived at 7:08. OLD BUSINESS None. NEW BUSINESS Pawlak Construction - Request for Variance of 2,858 square feet. Mr. Garthwaite asked for Mr. Pawlak to take his place at the Board meeting table. Mr. Garthwaite then explained Mr. Pawlak is requesting a variance in square footage for a lot at 36th and Umbrella. approximately a 28% reduction in lot size, or 2,858 square feet. Mr. Garthwaite then stated he has noticed in the application that under Non Conforming Lots, Mr. Pawlak had answered "No" to the statement "Is this a single lot of record that was platted before July, 1974?". Mr. Pawlak answered he didn't think he really understood the question, and went on to . I explain he understood it was two building sites when he purchased them from Magnuson Corporation. He stated he had also talked with someone who is no longer in the City and was told he met three out of four requirements and should not have any problem building. Mr. Garthwaite went on to explain to Mr. Pawlak that if this was part of a larger piece of property and the person who originally sold it carved out two regular size building lots and left this one, which is a non-conformance, you cannot create a lot less than the minimum requirements for that building district, and this would be what that person has done. Mr. Garthwaite also added that Mr. Pawlak has enough set-backs, there is no problem there. Mrs. Murphy then expressed the opinion that she thought it was just one lot cut in two. Mr. Pawlak was then asked by Mr. Garthwaite who owned the property to the North, and Mr. Pawlak stated a Mr. Leiminger; that Mr. Leiminger and his wife liked the site and Mr. Pawlak had purchased the property for them and also built their house on said lot. Mr~L Garthwaite then asked for confirmation that Mr. Pawlak had purchased lots Nos. 14909-10-11-12, and Mr. Pawlak said yes, he had bought them all at one time. Mr. Garthwaite asked if there were any more questions, and Mrs. Murphy just wanted to know if, when Magnuson surveyed the property in establishing Florida Shores, that this lot was established as a building site, and Mr. Wolfe answered yes, that that had been the intent. Mr. Garthwaite stated Florida u u Shores was laid out roughly in 40 foot lots and you had to buy two to build a home, and Mrs. Murphy added yes, 10,000 square feet, and that some, on the corners, had three lots. Mr. Garthwaite stated if they look at the four lots, the first two .are of proper building size, almost, but then the next two drop off rapidly; and that it was all under one ownership in 1985. Mrs. Murphy then asked if it was an absolute rule that you cannot increase the non-conformity;can we ever g~ant a variance to increase the non-conformity. Mr. Garthwaite said we are not discussing the structure, we are talking about a variance on his square footage of land. Mrs. Martin asked the square footage of the building and was told by~ Mr. .G~rthwai te ,i t \yas,.1250 .sql.lar~', fe~t, a tiyo-story home. Mr. Garthwaite asked if this had been advertised and the secretary said yes, the proof is here. Mr. Newell then asked how Mr. Pawlak got this all started without knowing he did not have enough footage, etc. Mr. Pawlak explained he evidently had not received the right advice, but was told by an ex-City employee that .he did meet three out of four requirements, and he now has a loan with the bank and has the plumbing put in. ~Mfs. Mart in then asked if he had started without a permit and he said yes, that is when he found out the bad news. Mr. Garthwaite asked if there were any other questions from members of the Board or if anyone from the public wished to make any state- ments. There being none, Mr. Garthwaite then explained there were two ways~of looking at this; in 1957 it was originally set up as two building sites; the property was then purchased in 1984, and should be considered as one piece of property; that if you take 80 feet off, you do not have enough for another building site. Mrs. Murp~ then asked if he doesn't get a variance, what will he do with the piece of property if he can't build on it. A discussion followed on just what action he could take, but the Board still has to justify the 358 square feet difference. Mr. Garthwaite asked where this 358 square feet came from, ~nd Mr; Wolfe said he was of the opinion he has 7142 square foot against 7500. Mr. Garthwaite then explained he is supposed to have 10,000 square feet, under R2-B, single family residential district. After further discussion, Mrs._Mur~hy asked if there was any legal way they could give him the variance, and Mr. Garthwaite added if he is denied he has a good size piece of land that he can't do anything with. Mr. Garthwaite then stated there are several ways we can go; if the Board is in doubt about it, the Board can delay it and ask for an opinion from the City Attorney. Mr. Garthwaite also stated the Board could have another meeting; that we would not have to readvertise and would not have to renotify people. Mr. Garthwaite then asked for a motion to send this to the City Attorney. Mr. Savini made a motion to send this to the City Attorney, seconded by Mr. Moran. CARRIED 7-0. Ralph B. Miller ~ Request for Variance from 750 sq. ft. to 576 sq. ft. for an R-4 Multi-Family apartment complex at Turgot Avenue, South. -2- o o Mrs. Lawrence Machaj, of 117 Shangri La, then asked what is the legal requirement of building a unit to rent to a family. She stated that 576 square feet seems small even for one or two people. Mr. Garthwaite said yes, that would be maximum and that in this R-4 district, the ordinance says 750 square feet, and Mrs. Machaj said with this she could agree, but that 576 square feet would be much too small. She then asked what the company does, is this the way they are built. Mr. Garthwaite explained they are built at the factory and then shipped out. Mr. Kopec from New Smyrna Beach expressed the opinion that many places in New Smyrna Beach are building in the 400 and some square footage, that many older people want to move into smaller units, that they can't afford big places, and that smaller places are on the upgrade. Mrs. Machaj continued by saying she and her husband had lived in a 750 square foot apartment, but 550 square feet is just not enough footage for two people. Mr. Garthwaite then explained what is going on, that Mr. Miller is requesting a variance to lower the square footage in an R-4 zone. He also stated this type of con- struction i~ permitted in City zones known as 5-A, but not in an R-4 zone. Mr. Garthwaite th~ti'asked Mr. Miller if he had planned on having the representative who is going to build these apartments answer any technical questions about the building, and Mr. Miller said yes, plus the mode of operations used in the building process. Mr. Garthwaite stated that is really of no concern with this Board, that the only thing the Board is concerned with is the request for a variance of lowering the square footage of those apartments, not whether the people like it or don't like it or what this company plans to do with the property if it is so zoned the way they need it and they then go in and build. But, Mr. Garthwaite went on, Mr. Miller is asking for lowering the square footage for housing that we don't have anywhere else in the City. He further stated that in any R-4 zone it is 750 square foot for multiple family. Mr. Garthwaite then expressed the opinion that it would be better if the request was appealed back to the Planning and Zoning Board, or there was a request to rezone this property to an R5-A. Mr. Wheeler then asked if the Board had received the letter from the Zoning Board wherein they rejected it 6-0, and Mr. Garthwaite replied that the Board had received this. Mr. Kopec then stated that was rejected mostly due to the Chairman saying he didn't think people could live in this size apartment, but Mr. Kopec believes if you have travelled you will find how difficult it is to find a place for single families around the country. Mr. Kopec explained he owns property right across the street from this property, and everyone is looking for smaller places to live. Mrs. Wildt of 115 Shangri La explained that she and her husband are not as much concerned about the square footage; that they had visited the Cardinal Homes next to K-Mart and thought they were very nice; that their main concern, after the storm a short while ago, when Shangri La was flooded, along with the Hall apartments, what is going to happen if there is another storm, where will this water go if the ground is covered with more houses. Mr. Garthwaite responded by saying anyone who builds in the City of Edgewater such as Mr. Miller's property., which he intends to sell to Cardinal, must retain the first inch of rain water, which doesn't sound like much but normally would be enough. Mr. Garthwaite then stated that the nineteen inches which had been reported at the water plant in about four days, was very unusual, and that hopefully we would not have that problem again. Mrs. Wildt then said the ditches were run over, although they lived up higher, but some who were lower couldn't get out of their houses. Mr. Garthwaite stated there are a lot of other places that feed into that ditch that runs behind Shangri La. Mrs. Purinton, of 121 Shangri La stated that her lot is next to the ones that had a lot of water in the street, and that the ditch behind had filled to almost river size, and was concerned about the little apartments behind her place, plus the new apartments, what would happen to her property. Mr. Garthwaite explained she would have to go back to the City about their water being dumped onto her property. Board of Adjustment Minutes of October 10, 1985 -3- (J u Mrs. Sue Kosmas asked if a vote had to be taken on a continuance and Mr. Garthwaite answered that if Mr. Miller just wanted a continuance for Cardinal to have a representative come in and explain their operation, he didn't see any need for that. Mrs. Kosmas said they are professionals and have built allover the Sate of Florida and that is why Mr. Miller was hoping they could be here. Mrs. Kosmas stated that since it is zoned R-4 it is allowable as a multi-family, and they meet all set back require- ments and the storm water management, and Mrs. Purinton then interrupted by saying 750 square feet is required. Mr. Kosmas then answered that the 576 square feet per unit actually allows you to decrease ,the amount of land coverage, giving a greater opportunity for drainage. Mrs. Purinton asked why it was 750 square feet in the beginning, and Mr. Wolfe explained that in 1974 it was the average size. Mr. Kopec stated that around the country statistics show that 85-90% of the buildings rent as one family singles, that two bedrooms do not rent, that it is getting too expensive for young people and older retired people to meet those requirements and moneys. Mr. Kopec also stated there are more women who have lost their husbands, living in trailers, etc., who would like to move into a nice small apartment such as Cardinal is building. Mr. Kopec also expressed the opinion that we need more ground to soak up the water, that making the apartments smaller, there will be more ground to soak up that water and have more water retention. Mr. Kopec also said they can control the number of people moving into the site as their is a manager right there. Mrs. Wildt then asked if there was anything in the Edgewater zoning as to density of population , and Mr. Garthwaite said not that he is aware of. Mr. James Corcoran of 418 Shangri La..stated they had purchased a home because the builder seemed to be upgrading the area, and that any attempt to downgrade the area would be a disaster and he would like to see it protected. Mr. Thomas West, 131 Shangri La, stated that since the Code states 750 square feet, why do you have to waive it every time somebody wants to break the City Code for their own benefit. He went on to say that most of the people here in the audience are concerned about their property that will be backing up to this develo~ment and asked Mr. Miller how far he will be from the setback and Mr. Miller said about 100 feet. Mr. West replied that it would be approximately 25 feet for his property and that is the big difference. Mr. Garthwaite then inserted that anyone has a right to appear before the Board of Adjustment. Mrs. Kosmas then stated that anyone has a right to come in here and build, and if that builder builds 750 sq. ft.. units they will be the same distance from your property lines as this development will. Mrs. Kosmas also stated that of all the people who approached Mr. Miller for building he believed Cardinal would be a good neighbor, based on the way they maintained their develop- ments. She stated again that the setbacks are not going to change; that all he asks is a change in the square footage per unit. Mr. Garthwaite then asked Mr. Miller if he was still asking for a continuance so that Cardinal could come back and present anything that might make a difference to this Board. Mr. Miller asked if the square foot requirements were different in the different zones in Edgewater and Mr. Garthwaite replied they were, and that an R-5A zone would allow a 550 square foot area. The Board then recessed the meeting for approximately ten minutes in order to enable the Board to research a certain section of the Code. Mr. Garthwaite then called the meeting to order and went on to discuss the need for a continuance, the question being where did we find the 550 square foot zoning that is in a 5-A zone. He went on to explain it is at page 1565 and stated we are trying to determine why there would be a need for a continuance in order to allow Cardinal Homes to come here and talk before us, and that the Board would want them to Board of Adjustment Minutes of October 10, 1985 -4- u u address the reasons for us considering granting a variance to an ordinance that requires 750 square feet. Mrs. Kosmas then stated that most of the citizens here concerned are resi- dents of Shangri La, and they may enjoy the opportunity to meet with the people from Cardinal if there is something they can offer these people; that development is imminent there sometime, and it could be Cardinal or it could be someone else. Mr. Garthwaite then stated we still have the problem of the square footage and Mrs. Kosmas added the reasoning of Cardinal is based on a fair way of operating that is not unacceptable to the people in the neighborhood ~s opposed to whatever alternative development may take place there. She also added she believes the abutting property owners and these citizens agree that reduction is not to their detriment or to the detriment of the health and welfare of the community. Mr. Garthwaite then explained that we have more than just this as an R-4 district, and that if a variance was granted for just this piece of property, as an R-4 district, we would probably open up all our R-4 districts to a reduction in floor plan size. Mr. Garthwaite then explained that what goes into that property is going to be governed by the City of Edge- water through the Planning and Zoning Board; that there are ordinances if it is a subdivision that covers as far as water retention, screening, putting up fences, or shrubbery, whatever has to be done to screen that property; your landscaping ordinances and so on and so forth, that he believes the people will be pro- tected by the ordinances we have. He went on to say that we have to consider first, since Mr. Miller has requested a continuance, are there grounds to continue this hearing in order to allow Cardinal Homes to present their case; I would like you to think about it and then want a motion on it. Mrs. Murphy objected to having the people who are here come out again and again, and Mr. Garthwaite answered we would not continue this more than once. Mr. Garthwaite also stated again that our main concern is whether Cardinal can offer grounds for continuance that pertains to our ,ordinance and why there should be a change in our ordinance. Mrs. Murphy expressed the idea that Cardinal would not really be the owner of the land, that it will be something of a franchise, so they will not be the only ones concerned, as they basically will not own it, it will be in a real estate trust. Mrs. Kosmas again stated that is one of the reasons they did want Cardinal to be here, to explain these questions. Mr. Garthwaite again explained how Cardinal builds or maintains their homes is not the question here. Mrs. Martin then stated that how the zoning is set up, for the 750 square feet, that we should not downgrade the area. Mra McClean then asked if the Board ever upgrades, and Mr. Garthwaite said no, variances are not set by this Board, that it is done by the Council through the Planning and Zoning Board. Mr. West then asked if the citizens have no input into the decision of the Board, and Mr. Garthwaite said certainly we will listen to what you are saying, but we cannot be completely influenced by what you are saying. He went on to explain the Board is governed by what is in the Code Book. Mr. West stated he is really concerned with whether they have a chance to talk with Cardinal, perhaps some would change their mind, that his main concern is the closeness of any unit to his property. Mr. Purinton, of 121 Shangri Law, asked if a map was available, as they were concerned wi~h setbacks. Mr. Garthwaite pointed out what is available and they were told to come down and copies of what the Board has would be available in the form of Plots and Surveys. Mr. Garthwaite did explain what we have are copies of plot plans which had been presented to the Planning and Zoning Board, which shows a 25 foot setback. Mr. Garthwaite explained to the audience that if Board of Adjustment Minutes of October 10, 1985 -5- Q Q this Board turns this variance down, Cardinal will have to come back with another proposal; that if they want to appeal they would have to go to Circuit Court. Mr. Garthwaite also went on to explain that they knew they had to go for a variance before this Board, and Frank Opal, a resident of Florida Shores, stated he believes we are continuing something here because Cardinal is not here, and why are they not here? Why are they before this Board? Mr. Garthwaite explained that anyone can come before the Board of Adjustment who so desires. Mr. Moran made a motion to grant a continuance for Mr. Miller's variance, seconded by Mrs. Murphy. Mrs. Kosmas asked if a discussion would be allowed at this time and Mr. Garthwaite said no, and suggested he answer their questions so there is no mis- understanding. He continued by saying if the Board votes for a continuance, they will get one; if it does not, then it will be because the Board does not believe Cardinal Homes will be able to shed any additional information on this request for a reduction in the square footage of these apartments. Mrs. Kosmas then asked if Mr. Miller could withdraw his application, and Mr. Garthwaite said yes, he may; that if we did not grant a continuance to this meeting, we would then go on, discuss the request, and make a decision tonight; that the Board cannot do anything with rezoning; that a request would have to be made to Planning and Zoning Board to possibly rezone this property. He continued they would have to make a determination first of all that this could be done, that it may be spot zoning, and if it is it cannot be done; if it is not, then they could make that request. Mrs. Miller then stated she thought there is a need for these small apartments and it seems as tm~h she should see if this couldn't be rezoned. Mr. Garthwaite told her it would have to ~o before the Planning and Zoning Board but suggested she check first that it is not spot zoning so she may have a chance for it. Mr. Miller then asked to have his application withdrawn; therefore the second to the continuance was withdrawn, and Mr. Garthwaite announced there would be no further business. A motion was made by Mrs. Martin to adjourn the meeting, seconded by Mr. Newell. The meeting was adjourned at 8:34 p.m. Board of Adjustment Minutes of October 10, 1985 Minutes presented by Dorothy C. Garrity. -6-