03-13-1986
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS
March 13, 1986
MINUrES
The Chairman, Mr. Garthwaite, called the meeting to order at 7:00 p.m. in the
Cpmnunity Center of the City of Edgewater.
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roLL CALL
Members present were Richard Moran, Jinmie Newell, Louise Martin, Alice Murphy,
Ray Savini, Robert Wolfe and Robert Garthwaite.
APProVAL OF MINUrES
lfrr. Garthwaite asked for approval of the minutes of February 13, 1986, and
Mr. Newell IIDved they be accepted, seconded by Mr,' Savini. Motion CARRIED 7-0.
Hr. Garthwaite announced we would postpone under Old Business the Five Criteria,
until later in the meeting, if agreeable with everyone, and the Board agreed.
NEW BUSINESS
Schippers, Terry - 19 foot Variance to erect a 6 foot fence
Mr. Garthwaite announced Mr. Schippers is requesting a variance to erect a six (6)
foot fence and Mr. Wolfe asked when we started to give out variances on fences,
with Mrs. Murphy saying it is a solid fence, and Mr. Garthwaite then went on to
say that on a corner, according to the ordinance, you are not allowed to put
anything up there. Mrs. Martin stated solid fences are not allowed. The
Board then turned to page 1630, Sections 705 and 706 of the Code Book, dealing
with fences, hedges, etc. on Corner lots. Mr. Garthwaite then asked Mr.
Schippers if he wasn I t planning to put in a pool and he said he was, and when
he bought the home, he didn It knCM anything about the corner lot laws; that it
was part of the stipulation when he bought the home that he would be able to put
up a six foot privacy fence. He did state it is not going to be from the front
of his home but from about the middle point of the house, 19 feet west and
straight back to the property linevmich would still allow room for a small pool
with a nice patio area around it. ~.r. Schippers said they also planned to put
a family room on the back of the house and in order to stay within all the
required feet away from buildings, etc., this is the kind of room they would
need. The Board then went on to discuss just where Third Street is and Mr.
Garthwaite stated it is dead end and is supposed to be a 30 foot wide street
but, according to his material, it is 14 foot wide at the present time.
After a lengthy discussion, the Board agreed that Mr. Schippers met all five
criteria. Mrs. Martin then IIDved that the variance be granted, providing the
fence be placed 52 feet from the back property line, seconded by Mr. Moran.
Motion CARRIED 7-0.
Mr. Garthwaite then returned to Old Business, that is, the meeting of the Board
with the City Attorney and asked if any questions would be asked of the Attorney
besides the five criteria, and Mrs. Murphy stated she would like to ask about
corner lots; if you can build a solid concrete fence and block the view from
the house. The Board agreed this seems to be in violation. Mr. Garthwaite
then stated he would ask the five criteria question for granting variances, and
also that throughout the Code Book it talks of going to the Council to reverse
our decisions instead of to the Courts, and we should have this squared away by
writing a letter to Council. Mr. f'.loran stated he would like to have the "do not"
and "will not" questions clarified, as A and C have "do not" ~d D and E say
"will not".
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Mr. Garthwaite then suggested we ask any questions beside the five criteria that
might concern the Board of Adjustment, and suggested we set up a time to meet
with Attorney Alvarez which would also be agreeable to the Board. The secretary
was then asked to write to Attorney Alvarez and set up a special meeting which
would be at his convenience.
There being no further business, Mr. Wolfe rroved the meeting be adjourned,
seconded by Mrs. r-Iartin. The meeting adjourned at 8: 16 p.m.
Minutes submitted by
Dorothy C. Garri ty
Board of Adjustments Meeting
of March 13, 1986 Minutes