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02-13-1986 u ~ . 1'(( ~1' ~ CITY OF EDGEWATER BOARD OF ADJUSTMENTS February 13, 1986 7:00 p.m. COMMUNITY CENTER MINUTES The Chairman, Mr. Garthwaite, called the meeting to order at 7:00 p.m. in the Community Center of the City of Edgewater. ROLL CALL Members present were: Hichard Moran, Jimmie Newell, Louise Martin, Alice Murphy, Ray Savini, Robert Wolfe and Robert Garthwaite. APPROVAL OF MINUTES Mr. Garthwaite then asked for approval of minutes and Mrs. Murphy asked we insert on page 3 right after "Mrs. Murphy said", "Mr. Fischer said no one told him to protect the river". Mr. Newell moved the minutes be accepted, seconded by Mr. Savini. Motion CARRIED 7-0. OLD BUSINESS James D. Kilgore, application for a two foot variance. Mr. Garthwaite pointed out tne appl~cat~on stated West side but should be the East side of the house, and the Board would go by the Attorney's advice that if there was a mistake on the application and it was still advertised, the people could still look at it and it would be alright to continue with the case. He then asked Mr. Kilgore to oive the Board an idea of what he wants to do here. Mr. Kilgore stated he put down "utility room" for the lack of not knowing what to do. He related he and his wife both have arthritis and the doctor recommended exercising and they then bought several pieces of equipment. He continued that he has one door' in his house never used because there sits a rowing machine, and in the bedroom is a bicycle and a trampoline. These are the articles he would like to move out, plus the fact his wife is a flower fan and plans on putting flowers there. Mr. Newell asked if this utility room or recreation room would be glassed in and Mr. Kilgore said there would be six windows, all aluminum painted to match the house, and there would not be heat or air conditioning. He also stated there is a storm door into the room, existing since the house was built in 1959. The contractor engaged to build the utility room is not familiar with the Edgewater Code, Mr. Kilgore explained to the Board. After further discussion, Mr. Garthwaite told the Board we would now go to the five criteria to be answered in order to grant a variance. Mr. Garthwaite proceeded to read each criteria, which were voted on by the Board. Mr. Wolfe then moved to grant the variance to Mr. Kilgore, seconded by Mr. 'Savlni. Mortion CARRIED 6-1. Mrs. Murphy voted NO. The secretary was then advised to notify the building department. Discussion of Pelican Cove West, phase I, re: Motion of Council Mr. Garthwaite explained the Ordinances have been chFnged for that phase of Pelican Cove West and those people will be picking up their permits to. put up their rooms. Mrs. Martin asked if this wasn't just for the ones who have slabs, no new. slabs? But.Mr. Garthwaite answered apparently anyone in Pelican Cove West, Phase I, can do it; that in the other phase, they have to have more land or they canlt do it. Mr. Newell stated it has never been zoned and the Council is now working on the new zoning to R-4. ~ u u Discussion of Five Criteria by the Board Mr. Garthwaite stated he had tOQ many things going on and is not prepared. Mrs. Martin asked if the Attorney is coming and Mr. Garthwaite said he would if the Board would ask him. Mrs. M~rphy then discussed the Kilgore variance and stated she was really not against him getting the variance, but'she did read it over and over and asked what the special circumstances were that were peculiar to that land. Mr. Garthwaite answered it was the set backs, the position of the building on that property. Mr. Wolfe stated that prior to 1974 you could build anything anywhere anyway you would choose to do so, and that if you ride through the City you will see apartment houses in zones where they shouldn't be, because that is the way the City used to do things. Mr. Garthwaite stated there were set backs forward, back, in between, and who knows where. Mr. Wolfe stated if a person liked a tree it could be moved forward, backward, or sidewise, some places just three and a half feet on the side. Mrs. Murphy stated it reminded her of Pelican Cove and Mr. Garthwaite said of Shangri La, too. Mr. Wolfe said the property lines where Mr. Kilgore lives are ridiculous. Quite a discussion followed concerning building lot lines, with Mr. Wolfe discussing surveying, as it used to be done. Mr. Garthwaite then asked the Board if there are additional questions we may want to ask Attorney Alvarez concerning the five criteria, and stated there are supposed to be pamphlets in City Hall regarding interpretations on zoning cases. Mr. Wolfe suggested the secretary get copies of the pamphlets on everything that happens in the State of Florida, regarding the Board of Adjustment, Zoning, how the courts rule or set precedents' plus everything in the United States that is important to these subjects. Mr. Garthwaite stated we would like to get copies of that and perhaps we could get on the mailing list. A discussion followed concerning cases the Board has had in the past, and Mr. Garthwaite stated we have granted some variances and have turned down a lot of variances, and had just one overturned. Mrs. Martin stated it seems the court feels a person really, in the end, has the right to do what he wants with his property, according to the judge's decision, and she wondered where we went wrong with that case. Mr. Wolfe added the right to use your land to the best of your ability, without being harmful to the other person. An in-depth discussion followed in regard to flood insurance rates, theheighthof buildings influencing the costs, and adding the fact that the County has come through with laws for the amount of clean fill under drain fields. Mr. Garthwaite added that is what Mr. Fischer was saying; he is trying to divert everything to the swale out front to go to the ditches, which aren't flowing anywhere in this town, and trying to have the houses guttered so that the roof doesn't flow on the guy's property next door. Mr. Garthwaite then asked the Board if they would like to have Attorney Alvarez attend a meeting with just. the Boara, and, of course, open to the public, and with', no other cases on the agenda. He asked the Board to let it go one more month and come up with what we want put on the agenda at our meeting with him, so he will have some idea of what we want to talk about and he can prepare for the same. The secretary was asked to notify Attorney Alvarez of the time, and to call a special meeting. There being no further business before the Board, Mrs. Martin roved the meeting be adjourned, seconded by Mr. Savini. The meeting was adjourned at 8:18 p.m. Minutes submitted by Dorothy C. Garrity -2- BOARD OF ADJUSTMENTS Minutes of ~ebruary 13, 1 Meeting