04-10-1986
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS
April 10, 1986 7:00 p.m.
Corrmmi ty Center
MINUl'ES
The Chairman, Robert Garthwaite, called the meeting to order at 7:00 p.m.
in the Corrmmity Center of Edgewater.
ROLL CALL
Members present were: Richard Moran, Jirrmie Newell, Louise Martin, Alice Murphy,
Ray Savini, Robert Wolfe and Robert Garthwaite.
Also present were: Paul Loeffler, member of the Planning and Zoning Board r William
C. Nichols, representing Harold Royce, Roma Chute and Steven Chute, Luis Geil,
William Wagner and Eloise Clark.
APPROVAL OF f./.tINUI'ES
Mr. Garthwaite called for approval of the minutes of March 13, 1986 meeting. Mr.
Newell rroved they be approved, seconded by Mrs. Martin. Motion CARRIED 7-0. Mr.
Garthwaite then called for approval of the minutes of April 2. Mr. Wolfe rroved
they be accepted, seconded by Mr. Savini. Motion CARRIED 7-0.
OID BUSINESS
NONE.
NEW BUSINESS
Harold Royce - Seeking a 30 I front set back to construct a multi-family duplex.
Mr. Garthwaite announced that for the record Mr. William Nichols would be
representing Mr. Harold Royce. Mr. Nichols then informed the Board that due
to canals, they were requesting a 30 foot setback instead of a 40 foot set back
as required. The Board discussed the normal setbacks, and Mr. Nichols infonned
the Board there are seven on the street from 19th to 20th and seven on the East
side that have thirty foot setbacks, along with three on the West side. Mr .
Garthwaite agreed it was thirty feet until recently, when they changed the
Ordinance, and in this case you could go forty feet but you wouldn't have much
room out the back. Mr. Moran discussed the parking that would be required.
IJ'll". Nichols stated that back in 1984 the City Engineers recomnended this be approved
for a duplex. Mr. Garthwaite stated his only concern was going back another ten
feet or so, that the closer you get to the canal the rrore chance of someone getting
injured going out their back door; that clothes hangers or whatever may be out there.
Mr. Garthwaite also stated that in answer to Mr. Morans I question, there has to be
tw:> parking spaces for each unit, a garage and oversized driveway. After further
discussion, the Board turned to the five criteria and determined that Mr. Royce
met all five criteria and the Variance was granted.
Chute, Roma L., et al - Special Exception to use premises to conduct business of
rebuilding auto air compressors in an 1-1 Zone.
Mr. Garthwaite announced the next case would be Roma L. Chute, seeking a Special
Exception and Mrs. Chute asked if Mr. Chute could speak. Mr. Garthwaite asked Mr.
Chute to state his name and tell the Board what he wants to do. Mr. Chute stated
his name was Steven Chute, that they would be rebuilding, arrong other things, small
rrotors; that they box them and ship them out; that no cars would be coming in there.
Mr. Garthwaite asked if adjoining property owners had been notified and the
secretary answered yes. Mr. Garthwaite then stated the Planning and Zoning Board
had reviewed this and made a recommendation this be granted for this purpose, which
apparently means Mr. Chute meets all the requirements of the Planning and Zoning
Ordinance, as reviewed by that Board. Mrs. Murphy asked if this wasn It a recent
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building, as she had looked at the place and it seemed as though it really
looked like storage places. Mr. Garthwaite then asked a visitor if he owned that
place and asked his name. Mr. William Wagner stated yes, he owns the four buildings
on West Park Avenue and that actually they should be in the 1-1 zoning because that
is what they do there, that there is a machine shop that does manufacturing and
assembling which is in the 1-1 zone. Mr. Newell stated this should be turned in
as a machine shop, because that is what it really boils down to; if they are re-
building these air compressor units, this should really never have gotten to us.
Mr. Wagner stated he had talked to Paul Amann next door, the Waco Company, and he
had no objections. Mr. Wagner continued that distributors, wholesalers'/factories,
welding shops, machine shops, are all in there, too. Mr. Garthwaite then asked
Mr. Chute if, when they get them in, they actually assemble these parts, and Mr.
Chute said yes, it is basically assembly but they do some machine work, but always
deliver them to the customers. The Board went into quite a discussion as to all
the companies involved there, the parking spaces, whether there would be high
noise levels and that when it was first zoned for light industry no one thought
so rmch would be concentrated into such a small area. Mr. Garthwaite stated it is
zoned 1-1, and that everytime we get a Special Exception in the 1-1 zone it is
covered somewhere, and Mr. Wolfe stated it is covered under B-2, machines and
repairs not to exceed three employees.
Mrs. Murphy then stated she didn't know why this came to us, and Mr. Netlell said
he believed it was the way the application was filled out, that it looked as
though they were going to pull cars in and rebuild them right there, and that is
probably why it was sent to us. After asking if there were any further questions
and there being none, Mr. Garthwaite announced the Board would now go to the five
criteria, after which the Board detennined Mrs. Chute and Mr ~ Chute met all five
criteria and granted the Special Exception.
Mr. Wagner stated he would like the Board to come down at their convenience and he
would give a tour of each of the bays and explain what is going on and just how it
works, as he is about two-thirds occupied and this may come up again. Mr. Garthwaite
thanked him, asked for his phone number and said the Board would inform him when
they would like to visit, individually, not as a group.
Oscar E. LeMay, Requesting a 7' 6" Variance to build a l2x20 carport.
Mr. Garthwaite announced we had notified Mr. LeMay to appear next rronth as the
original request was not correct and the secretary passed out new information
for the Board to review.
Luis C. Geil - Special Exception for Installation of Gasoline Pumps at the Old
Tyme General Store, India Palm Drive
IY'rr. Garthwaite asked Mr. Geil to explain exactly what he is asking for and Mr. Geil
Stated they would like to build some gas tanks with pumps at the building which is
under construction now, a convenience store, and need your approval in regard to
the gasoline tanks. Mr. Garthwaite asked the Board to take note that the
Ordinance was just amended to include gasoline tanks with a special exception,
in the B-2 district, and that food stores, in conjunction with retail sales of
gasoline, is included as a special exception. Mr. Garthwaite added that all
requirements of Sec. 713 shall be complied with, and Sec. 713 deals with parking.
Mr. Newell asked if the State and County have something to do with licensing and
Mr. Geil stated yes, the DeDartrrent of Environmental Regulations and the rronitoring
of wells have to be done, and stated that for right now, they are just going to
have one type of gas, regular lead free, but will have rrore later. The Board
discussed the cost of just one pump at this time. Mr. Garthwaite then stated
this has been before the Planning and Zoning Board and the utilities have been
checked by Planning and Zoning so the Board should go on with the criterias.
Mr. Garthwaite then asked if all neighbors had been notified and the secretary
answered yes. Mrs. Eloise Clark from the audience spoke up and said she had a
duplex just across the street, but that it was three or four doors down and
wouldn't really affect her. Mr. Garthwaite also told Mr. Loeffler if he had anything
to say, to just speak up.
Board of Adjustments
Minutes of April 10, 1986 Meeting.
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The Board then continued on with the five criteria. Mr. Garthwaite stated the
Plarming and Zoning Board had taken care of everything, sanitation, access roads,
etc. I and Mr. Geil said yes, he had taken care of everything and the building is
under construction. After quite a discussion, the Board agreed to grant the
Special Exception and Mr. Garthwaite so notified Mr. Geil.
There being no further business, Mr. Newell rroved the rreeting be adjourned,
seconded by Mr. Savini. Motion CARRIED 7-0. The meeting then adjourned at
7:58 p.m.
Minutes sul:mitted by
Dorothy C. Garrity
Board of Adjustments
Minutes of April 10, 1986
Meeting.
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