01-09-1986
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CITY OF EDGEWATER
DOARDOF ADJUSTMENT
January 9, 1986 7:00 p.m.
MINUTES
The meeting was called to order by the Chairman at 7:00 p.m. in
the Community Center, Edgewater.
CALL TO ORDER/ROLL CALL
Members present were: Richard Moran, Jimmie Newell, Louise Martin,
Alice Murphy, .Ray Savini, Robert Wolfe and Robert Garthwaite. Also
present were Norman Williams, Nicholas Smith and Paul Taylor, all
applying for a Special Exception, and Frank Opal, an interested
citizen.
APPROVAL OF MINUTES
Mr. Garthwaite asked for approval of the minutes of December 12,
1985, and Mr. Newell made a motion to approve the minutes, seconded
by Mrs. Martin. Motion CARRIED 7-0.
OLD BUSINESS
Discussion of Five Criteria to be met in reference to Variances.
Mr. Garthwaite stated he had talked with the City Attorney who seemed
interested in meeting with the Board when a night could be selected.
Mr. Newell suggested Council call a workshop meeting to help out on
some of this, but Mr. Garthwaite believed we should get things more
in order before we meet with them, and that Mr. Alvarez would be
happy to meet with us. Mr. Moran then made a motion to table this
matter until another meeting, seconded by Mr. Newell. Motion CARRIED
7-0.
NEW BUSINESS
James D. Kilgore, application for a two feet variance. At this
point Mr.Kilgor~.had not appeared at the meeting and Mr. Garthwaite
suggested we go on and get back to this later.
Norman E. Williams, et aI, Light Manufacturing Zone, I-I, Special
Exception for the manufacture of racing automobiles. Mr. Garthwaite
pointed out to the Board the letter from the Planning and Zoning
Board, along with the minutes, where they had questioned Mr. Williams.
Mr. Garthwaite then asked Mr. Williams for any comments he may care to
make',. and Mr. Newell asked Mr. Williams to fill the Board in on how
far he is going to go and what type of building he is going to do
there.
Mr. Williams then introduced Mr. Nicholas Smith and Mr. Paul Taylor,
stating the three are equal partners in the business. He also stated
their objectives are to build professional type race cars such as
the cars out at New Smyrna and Daytona. Mr. Williams went on to
explain that Mr. Smith is the main builder, having been involved
in racing cars all his life, with quite an extensive background.
He also stated they intend to develop this into as large a business
as they can, to secure a future for their families and that they
hope to have a professional type of business.
Mr. Garthwaite then asked if they would be doing normal body work,
such as welding, but ~r. Smith stated they basically just build
frames and interiors; it depends on what the customer wants, that
they can make them into complete racing cars.
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Mr. Newell then asked if they would be\Working on engines and
outside revving. But Mr. Taylor stated they have nothing.to do
with motors, except for getting the cars off the trailer and
getting them inta the, shop. Mr. Williams explained the racing
engines are built "by different companies, and that they r,~ally
don't have anything to do with that end of the business; that the
most they would do is put in a set of spark plugs, etc.
Mr. Newell asked if they were mostly involved in bodies, and Mr.
Williams said the bodies are built in other places; that they
place them on the frames of the vehicles to make them a complete
automobile. Mr. Williams also replied in answer to Mr. Moran's
question oili whether they will be strictly:inthe car business, that
theirs is strictly a ,one at a time service, they will not be open
to the public at all. Mr. Savini stated he had been a race driver
and was familiar witb procedures, and would the race drivers during
race week want to come in and race their engines. Mr. Williams said
no, that during race week they have to be at the races around five,
that no one would be around in the evenings.
Mr. Newell inquired about parking and Mr. Williams said they do have
four parking spaces, and they hope to bui~d an eight foot fence so
as not to disturb neighbors. Mrs. Martin then asked if, when they
put the cars together, are the parts already made or do they
manufacture them themselves and Mr. Smith said they buy fiber glass
bodies which come from Columbus, Georgia for cars here in New Smyrna,
that steel panels come from Detroit.
Mrs. Murphy then stated what concerns her is, they are ~sking for a
Special Except ion and it seems to her wLea t', they are want ing is a use
that has so far been confined to heavy industry, metal fabrication,
and that is what they are going to do.
Mr. Garthwaite then stated that under Special Exceptions all permitted
uses as set forth in the zoning classifications Bl through B6, page
1618, you are including all the business zones and what we have been
going by, basically, is what is in those zones. We have auto repairs,
electrical manufacturing, different things that are listed in those
zones. Mrs. Martin then stated that on page 1617 it gives permitted
uses. Mrs. Murphy then asked how far out Park A~enue this was, as
she was concerned about the noise, but Mr. Garthwaite said we shouldn't
be concerned by the noise, as the only noise is when they take the
cars off the trailers. Mr. Taylor said there will not be a lot oj
noise involved.
Mr. Garthwaite then stated we have to answer some question~ listed
under Special Exceptions, BI-B6, page 1643. lie also read excerpts
from this section and stated the use requested is listed among the
Special Exceptions in the district for which the application is made,
actually B2 through B5. Mr. Garthwaite reminded the Board of the
letter from Planning and Zoning, wherein they stated the water and
sewer drainage is adequare and that the proposed use will not increase
traffic congestion. Mr. Garthwaite then announced after a unanimous
"Yes" vote. on each criteria, that A, B, C, D and E have met the
requiremente for a Special Exception and the Board was now ready
for a mutio.n. 'Mr. Newell moved the Special Exception be granted,
seconded by Mr. Savini. The Motion CARRIED 7-0.
Mr. Garthwaite then returned to the matter of Mr. Kilgore's request
for a variance. Mr. Kilgore had not arrived and Mr. Newell made a
motion this request be continued to next month, seconded by Mr.
Savini. The motion CARRIED 7-0. The secretary was instructed to
contact Mr. Kilgore and advise him to be at the next meeting.
The Board then discussed the building of homes on the east side of
Riverside Drive without variances, and are being built right on the
banks of the river. Mr. Wolfe stated he has received phone calls
concerning this matter at all hours, even on Sunday morning.
Board of Adjustment Minutes
of January 9, 1986 Meeting
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He told them that whatever the Ordinance says, and just going
by his memory, the Ordinance says it has to be usable land.
He also continued that they must remember that even though you
have riparian rights, you own the land underneath the water, and
the State of Florida has just recently said they have control over
~ll of that. Mrs. Martin stated she always understood that under
riparian rights you have the right to use the water, but it is not
part of your property, as her deed shows submerged land, but doesn't
say anything about riparian rights. Mr. Wolfe stated that riparian
rights and submerged lands are two different things, that if you
have riparian rights, you have the use of the land; you could plant
oysters out there and that kind of thing. He also added that lots
of time people think they have the rights but they don't.
Mrs. Murphy then sta tel someone in Tallahassee is working at cross
purposes, as she knows of two places with mounds on them where the
people had faulty titles and went to Tallahassee, got quit claim
deeds clearing it up for them, and she also asked doesn't Tallahassee
realize we are trying to protect that river. Mr. Garthwaite then
stated he doesn't really think it is our busines, but Mrs. Murphy
stated they are usurping our authority, we are the only ones who
can give variances, so someone is giving variances, or how can they
build on the riverbank. Mr. Wolfe said what Mrs. Murphy is saying
is that there are a couple houses without the 30 foot, and Mr. Newell
stated they have the 30 feet but are going out in the water to get it.
Mrs. Martin then stated that all these years people have followed the
rules of the Ordinances and all of a sudden two or three people are
allowed to build right up to the water. Mr. Garthwaite then asked
where in the book it states it is usable land and Mrs. Murphy stated
she did not know, but that Attorney Alvarez stated he thought it
meant land, he didn't think you could count the water. !vIr:. Newell
added that is what Attorney Alvarez thinks; but you can't go by what
he thinks, you've got to know. Mr. Garthwaite stated if it was in
the book, they could write a letter. Mrs. Murphy stated when they
made these zoning ordinances they didn't want these little bits of
land to be built on, that it is contrary to the common interest for
that view to be wiped out. Mrs. Martin said there is a 120 foot
depth on a minimum lot, and a minimum lot does not mean lot water,
just lot land. They are taking 100 feet of land and taking 20 feet
of the water and giving them the right to build on it. Mrs. Murphy
said they are saying they can't stop the building because the man
has invested too much money and he would sue the City. Mr. Garthwaite
said then let him sue, and Mrs. Murphy agreed, and stated they are
letting so many get through. Mr. Garthwaite asked what is going on
with the Planning and, Zoning and believes they are working on it.
The secretary stated she believes they are working on a 30 foot
building line to the water line, and Mr. Garthwaite stated from the
back of the house to the water line we are saying should be 30 foot,
or 120 foot from the stx~et to the,~ack, land, not water and land.
Mrs. Murphy st at ed/rrt:s. oti~s<tlHr'd ifJ.<thf'de was to protect the river, but
the Board agreed it is in the Comprehensive Plan. Mrs. Martin stated
if there are any questions and you are not sure, it should be checked
out with the attorney before a building permit is issued. Mrs. Martin
also stated it is known that all these years people have complied
with the regulations and built properly, and all these pieces of
land are coming up now, which is what is left, and they are trying
to squeeze in houses and eventually close up the whole river. Mr.
Garthwaite asked if the Board hadn't turned one down about a year
ago, and Mrs. Martin said yes, the man finally sold the land,
although he was told by a realtor that he could hftild. there. Mrs.
Murphy said she isn't sure the City could not get the authority
to deny building along Riverside Drive, as she isn't sure we have
to permit people to build eight foot mounds, and Mr. Wolfe said the
only reason they put up an eight foot mound is to get flood insurance
as it has to be that high to get the insurance. Mrs. Murphy then
stated that to build on the river and get flood insurance, we have to
Board of Adjustment Minutes
of January 9, 1986 Meeting
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let him build a disfiguring looking mound there that spoils
the view, and suggested we do not let this progress. Mr.
Opal stated this is the same problem they have in Port Orange,
flood insurance, and Mr. Garthwaite stated in Brevard County,
also. Mrs. Murphy said as far as she is concerned this is
submerged land and they should not be allowed to build on sub-
merged land, to which Mr. Wolfe agreed, and they both
questioned why we are allowed to build on submerged land.
Mr. Garthwaite stated it is up to the Council to either enforce
the Ordinance or get hold of Mr. Fischer and make him enforce
the Ordinance. Mr. Garthwaite then stated this apparantly has
gone before the Council and they tabled it until more information
is received from the Planning and Zoning Board.
There being no further business, Mrs. Martin made a motion the
meeting be adjourned, seconded by Mr. Moran. The meeting adjourned
at 7:42.
Mi'nut ~s subrrli.t ted by
Doroth.y C. Ga,rrtty
Board of Adjustment Minutes
of January 9, 1986 Meeting
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