11-14-1985
?
{.}
o
~
CITY OF EDGEWATER
BOARD OF ADJUSTMENT
November 14, 1985 7:00 p.m.
MINUTES
The Chairman called the meeting to order at 7:00 p.m. in the
Shuffleboard Building, Edgewater.
ROLL CALL
Members present were: Messrs. Moran, Newell, Wolfe, Savini and
Chairman Garthwaite; Mrs. Martin and Mrs. Murphy. Also present
was Mr. Robert Fisher, applying for a Variance.
APPROVAL OF MINUTES
Mr. Garthwaite called for approval of the minutes of October 10,
1985. Mr. Newell made a motion the minutes be accepted, seconded
by Mr. Savini. Motion CARRIED 7-0.
OLD BUSINESS - Pawlak Discussion
Mr. Garthwaite stated we had received an opinion from the City
Attorney, which stated an employee of the City had told Mr.
Pawlak he could build on this site in question, and relying on
that, he had entered into construction agreements and securing
of loans, etc. Mr. Garthwaite then stated it is the opinion of
the Attorney the variance should be granted; that accordingly,
the city official granted the permit for Mr. Pawlak to start his
construction. Mr. Garthwaite also stated Mr. Pawlak will not be
able to complete the sale of that home unless he has a variance
on it.
Mrs. Murphy discussed the question of the lots having been divided
before Mr. Pawlak bought them. Mr. Garthwaite cited from a reply
received from Attorney Alvarez: " . . . it should be kept in mind
that the applicant did not divide said lots. They were platted
originally by the developer as lots of record, and before embarking
on his venture, the applicant consulted with a city official and
was told he could do this." Mrs. Murphy then answered by reading
portions of section 400.01 which stated in part : " . . . If more
than two (2) lots or combinations of lots . . . in a single owner-
ship are of record at the time of passage or amendment of this
ordinance . . . the lands involved shall be considered to be an
undi vided parcel for the purpose of this ordinance. " Mrs.
Murphy then continued this led her to believe that when 880 passed,
those four lots became an undivided parcel and no matter what the
sub divider did, it became one lot.
Mr. Wolfe stated he sees what Mrs. Murphy is saying, but if Magnuson
sells the land, we don't have any control over how he does it.
Quite a discussion followed on this subject. Mr. Garthwaite stated
we have an opinion from the City Attorney and if we go against it
the City, of course, would be open for law suits. The Board then
discussed Mr. Pawlak's hand written letter where he set forth a City
employee had given him the right to go ahead. Mrs. Murphy stated
if this was in the courts, Mr. Pawlak would have had to have a
letter from this City employee , but Mr. Garthwaite stated Mr. Pawlak,
either now or in the future, is going to have to have a variance in
order to get his property sold. Mr. Wolfe then made a motion to
grant the variance to Mr. Pawlak, due to the opinion of the City
Attorney, dated October 14, 1985, seconded by Mrs. Martin. Motion
CARRIED 6-1, Mrs. Murphy voting no, and stating she doesn't believe
the City Attorney had sufficient information.
J
...-
,
o
o
NEW BUSINESS - Robert L. Fisher Variance Request of 8 feet to
build detached garage at 2830 Travelers Palm Drive
Mr. Garthwaite statedr.!Mr. Fisher met all requirements for setbacks
with the exception of the side setback in the amount of eight feet.
Mr. Garthwaite then questioned Mr. Fisher as to the distance of the
garage from the house and was told by Mr. Fisher it was three feet.
Mr. Moran asked Mr. Fisher about the exceptionally large size of the
garage and Mr. Fisher explained one side of the garage is going to be
for 'storag~ of a classic automobile. The Board discussed the exact
position of the garage when completed as it seemed the plot plan wasn't
too clear. There was quite a discussion of set backs for corner
lots, and the fact that Mr. Fisher had a very bad ditch behind him
which resulted in some loss of his land. Mr. Savini asked Mr. Fisher
if he could possibly back the garage about five feet, and Mr. Fisher
stated he wouldn't have a piece of land left for his children to play,
as he has just about 40 feet before it :s,lopes off into the ditch. Mr.
Fisher also stated he had more land but with the canal in the back it
was almost a death trap and he had to slope the land and build a
concrete barrier for the safety of the children. Mr. Garthwaite did
suggest an alternative plan for the garage which would avoid having
to have a variance, but Mr. Fisher stated he had already made
arrangements for trees he had planned to replant and add to the
property to go along with his original plans for the garage. Mr.
Garthwaite then asked the Board to turn to the Code book and the
Board went through each criteria for granting a variance and Mr.
Savini then made amotion Mr. Fisher met all criteria and moved
to grant the request for variance, seconded by Mr. Moran. Motion
CARRIED 7-0.
The Board then decided to send a letter to the Planning and Zoning
Board, asking if they would look at the possibility of having corner
lot setbacks reduced to 25 feet in Florida Shores, excepting 30th
Street and Indian River Boulevard.
Mrs. Martin also suggested the building department not give permits
before the Board grants a variance.
There being no further business, Mr. Newell made a motion to ajourn
the meeting, seconded by Mr. Moran. The meeting was then adjourned
at 8:15 p.m.
Minutes submitted by
Dorothy C. Garrity
Board of Adjustment
Minutes of November 14, 1985
Meeting
-2-