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11-19-1985 Special \' o o 01 CITY OF EDGEWATER BOARD .OF ADJUSTMENT November 19, 1985 7: 00 p. _mm. SPECIAL MEETING MINUTES The Chairman called the special meeting to order at 7:00 p.m. in City Hall, Edgewater. ROLL CALL Members present were: Messrs. Moran, Newell, Wolfe, Savini and Chairman Garthwaite; Mrs. Martin. Mrs. Murphy arrived later. Also present were: Mr. Lonnie Harvey, applying for a variance, and many concerned citizens from Pelican Cove West. Due to the density of the crowd, Mr. Garthwaite announced the Board would go directly to New Business. NEW BUSINESS Lonnie Harvey request for 2 foot variance at 1629 Sabal Palm Drive! Mr. Garthwaite announced Mr. Harvey was requesting a 2 foot variance at 1629 Sabal Palm Drive, a house having existed there since 1982. Mr. Newell asked Mr. Harvey when i:the room had been added to the existing house, and Mr. Harvey said he had built a jacuzzi and then enclosed it about two years ago. (Mrs. Murphy arrived at 7:15 due to car problems) Mr. Newell asked if this had never come up before, and Mr. Harvey said no, not until he was ready to sell the house and this problem came forward. Mr. Garthwaite informed the Board Mr. Harvey had built the room without a permit arid if a variance is granted, he will be fined by the Building Department. Mrs. Murphy asked Mr. Harvey if the fence was legal, and Mr. Garthwaite said the fence was legal, and it could be there even if the enclosed room was not. Mr. Garthwaite then advised the Board that we have granted these variances before; the only thing here is Mr. Harvey is two feet into his set back, but failed to get a permit. A discussion followed as to permissibility of enclosing without a permit. Mr. Harvey stated he understood there is to be a special meeting to discuss this problem. Mr. Garthwaite asked how he got by without permits, and Mr. Harvey said he was told he did not need a permit to enclose porches. Mr. Garthwaite then stated we are getting away from the request and if there were no further questions the Board is ready for a motion. Mr. Wolfe then made a motion to grant the variance to Mr. Harvey, seconded by Mrs. Martin. Motion CARRIED 7-0. Mr. Garthwaite then stated theiVariance is granted. v The meeting was then adjourned at 7 :19, to retire to the Shuffleboard Building, in order to accommodate the many concerned citizens. Mr. Garthwaite called the meeting back to order at 7:46. Larry Clark - Request for a variance of two feet to erect screen rooms at 808 Egret Court. Mr. Garthwaite read from Article 4, Multi- Family District - for single family dwellings and duplexes, Supplement 14, setting forth the set backs. Mr. Garthwaite informed the Board the rear set back is where we are mainly concerned. Mr. Garthwaite then announced this has been advertised and the abutting property owners have been notified. Mrs. Clark appeared at the meeting, Mr. Clark being in the hospital. Mrs. Clark then announced there had been some confusion, as her husband's name is Edward, not Larry. o o Mr. Garthwaite stated this would be corrected, and asked if there were any more questions. Mrs. Martin stated she was confused as to the backyard set backs being 20 or 25 feet, and Mr. Garthwaite stated when the places were built, the zoning requirement at the time was 20 feet and since then is now 25 feet. Quite a discussion followed concerning the changes of the setbacks. Mr. Garthwaite then announced the variance had gone to the Press incorrectly; it should be a 12 foot variance, but the Board could act on it as this had happened before and the same procedure was followed. Mr. Garthwaite then announced to the audience that the City had changed the Ordinance after Pelican Cove had been plotted and the people did not create their own problems concerning the 25 feet or any other set backs. Mr. Garthwaite asked the Board to read from page 1535, Section 300, concerning buildings not exceeding ordinance requirements. Mr. Garthwaite continued that most of the h6mes in Pelican Cove West, even if you use the old set backs, did not leave enough room on the back to erect a screen porch, and asked Mrs. Clark if she had been so informed, to which she replied "No". Mrs. Murphy stated she believes they might even have to have rezoning. Mr. Henry C. Scherz then spoke, representing Pelican Cove West Home Owners Association. (There was then a small break for getting new tapes which had been misplaced when moving to the Shuffleboard Building) Mr. Scherz then continued that the same thing had happened in April, 1983, when Mr. J. C.Oarder, the V developer, agreed to cooperate. Mr. Scherz also stated it would be almost impossible to live here in Florida without a screen room to protect oneself from the insects, etc. Quite a discussion / followed and Mr. Garthwaite then stated that as the Board of Adjustment, we have no say over what Mr. Carder does. Mr. Wolfe added that subdivision laws have to be followed. Mr. Garthwaite also stated if a developer is building homes, and if he is meeting all the requirements for setbacks, there is nothing the City can do to make him change unless they change the Ordinance; until some- thing is done, the variances have to be granted, and the Planning and Zoning Board must be presented with this problem. Mrs. Murphy then asked how many people in the audience were told they could build screen rooms, and they all raised their hands. There then followed quite an audience participation, with Mr. Garthwaite suggesting Mr. Scherz go to Council and request to be put on the Agenda. Mrs. Murphy also suggested we go to the City Attorney, because a wrong decision by the Board could cause a court case. Mr. Wolfe then stated ~o the audience that the Board does not make the laws, that they should go to Council, get on the Agenda, ask for change for the~r 'subdivision. He further stated the City could do something about it, this Board cannot. After a further discussion of this problem, Mr. Garthwaite announced he would table the Clark and Lloyd variances until the next meeting. Mr. Newell stated that perhaps if the people could get some relief, perhaps none of them would have to come before this Board. Mr. Wolfe then moved that the City Attorney attend the next meeting of the Board, seconded by Mr. Newell. Motion CARRIED 7-0. Mr. Garthwaite then asked the secretary to make a list of several questions to be asked of Attorney Alvarez, which included: Are set backs at Pelican Cove West 20 or 25 fee~ Are they non-conforming lots:? If we add' on to these homes, are we creating a non-conformance?' In re: dividing wall between houses or patios? Should original plat stand as is? -2- Board of Adjustments Minutes of November 19, 1985 Special Meeting - . (.) (,) Due to a malfunction of the recording tape, no further minutes were taken. Checking time sheets, it was determined the meeting was adjourned at 9:25 Minutes submitted by Dorothy C. Garrity Board of Adjustments Minutes of November 19, 1985 Special Meeting -3-