05-08-1986
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CITY OF EDGEWATER
;BpARD 'OY' ADJUSTMENTS
May 8, 1986 7:00 p.m.
Corrmunity Center
MINUI'ES
The Chairman, f>ir. Garthwaite, called the meeting to order at 7:00 p.m.
in the corrmuni ty Center of the City of Edgewater.
ROLL CALL
!o1embers present were: Richard Moran, Jimmie Newell, Louise Martin, Alice Murphy,
Ray Savini, Robert Garthwaite. Robert Wolfe was absent.
Also present were: f>ir. Oscar LeMay, f>irs. Margaret Nelson, Mr. John Perzan, f>ir.
and f>irs. Nicolson and daughter, f>ir. and f>irs. Harold Sturgess.
APPROVAL OF illNUI'ES
f>ir. Garthwaite asked if there were any corrections to the minutes of the
April lOth meeting and announced that on the first page under "Royce" it
should state "Variance" instead of Special Exception. There being no further
corrections to the minutes, f>ir. Moran rroved they be accepted, seconded by
f>ir. Savini. Motion CARRIED 6-0.
OW BUSINESS
LeMay, Oscar - Request- 15 foot variance to front set back and 17 foot
variance from rear of 110 Bigelow Drive
f>ir. Garthwaite asked f>ir. LeMay to tell the Board just what he wanted and f>ir.
LeMay stated he wants a carport but it was in the rrorning News Journal as a
garage. f>ir. Garthwaite explained it was correctly advertised in the Daytona
News Journal as a carport and that is what the Board will abide by. The Board
then discussed the plot plan submitted by f>ir. LEMay, and two letters written
by the neighbors. f>ir. Garthwaite then asked f>ir. LeMay if he had anything to
say and f>ir . LeMay stated all he wants is a carport and if he can It get it, he
will sell his house, as he is not asking for a fortune. f>ir. Garthwaite explained
what he is asking for is a variance from the zoning ordinance. f>ir. Garthwaite
then asked if anyone else had anything to say and f>ir. Nicolson stated the
neighbors just presented their letters. A small argument ensued between f>ir.
I.&.tay and f>ir. Nicolson which was stopped abruptly by f>ir. Garthwaite. A short
discussion followed concerning corner lot set;backs, resulting in the fact that
f>ir. LeHay would be left with just 3 feet from the lot line which \-.Duld be
increasing non-conforming lots which is not allowed. f>ir. Garthwaite then
explained to f>ir. Lerv1ay that the Board has to ask five questions in order to
grant a_variance, and if the criteria is not met on even one question, the
variance will be denied, and it is done by polling each member of the Board
that it does or does not meet the criteria. He further explained that if it meets
aJ-l criteria the variance is granted; if it does not, the variance is denied.
The Board then thoroughly discussed the criteria. The first criteria was not
met, and Nr. Garthwaite stated that to be fair to f>ir. LeMay, the Board would
go through the next criteria and state which are met or not, in case f>ir. LEMay
would care to go to court. After polling the Board, f>ir. Garthwaite announced
to f>ir. LeMay that the request for a variance has not been granted. f>ir. LEMay
announced he would then sell his house torrorrow if he cannot have a carport.
NEW BUSINESS
James Conley - Request of Variance of 9 feet to front set back to allow erection
of a canopy at 2315 Guava Drive
f>ir. Garthwaite announced f>ir. Conley had not appeared and we would therefore
not discuss this case. f>ir. Savini rroved we table this, seconded by f>irs.
Martin. Motion CARR1ED 6-0. The secretary was instructed to notify f>ir.
Conley to appear at the next meeting unless he wishes to withdraw.
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Margaret M. Nelson - Special Exception to conduct business as Furniture
Retail Sales at 1947 W. Park Avenue, from Furniture Storage Warehouse
Mr. Garthwaite asked Margaret M. Nelson, of 2423 Vi"sta Palm if she
had been before the Planning and Zoning Board and she replied yes. Mr.
Garthwaite then announced the Planning and Zoning Board held a meeting
on May 1 and reviewed the special exception of Margaret Nelson and a
rrotion was IPade and carried to not make a recornnendation of whether Mrs.
Nelson should or should not be granted a special exception, and they
also informed the Board of Adjustments that they are in the process
of changing the special exceptions in industrial zoning districts to
eliminate the phrases B-1 through' B-6. Mr. Garthwaite also announced
there was a merro attached to the Planning and Zoning Department merro from
David Jones, Fire Safety Inspector, and asked Mrs. Nelson if she had
received a copy of it. She stated yes, but never received it until the
1st of May, and Mr. Perzan had already complied with verbal specifications
of Mr. Jones. Mr. Garthwaite then asked Mr. Perzan to introduce himself
which he did, as the owner of 1947 W. Park Avenue. Mr. Perzan stated Mr.
Jones verbally told him what had to be done to run a retail plac'e there, and Mr.
Perzan had the work done; had a fire wall put in, painted it, fixed it up and
you could really live there. Mr. Perzan then stated Mr. Jones now comes back
and wants two layers of 5/8" fire wall, and that Mr. Perzan will now have to
start over. Mrs. Nelson said this cane about because of her son, who owns
the Surf shop next door; the use of acetone. She stated he now takes SIPall
dn:nns of it and uses it up immediately, that he doesn I t store it there any
rrore. Quite a discussion followed as to the supposedly small space of 12x50,
but Mrs. Nelson stated she had a lot of furniture in that space. Mr. Garthwaite
asked the number of employees and Mrs. Nelson stated just two. Mr. Garthwaite
said the letter we received from Planning and Zoning does not state whether
this meets the Comprehensive Plan or whether it meets any of Sections 6, 7 or 8,
so the Board will have to go through that somewhat. Mr. Garthwaite then asked
the Board to turn to "Definitions, Mini-Warehouses" and a discussion followed
as to the requirements. The Board then considered the required parking, and
that Mrs. Nelson would need at least three spaces. Mrs. Nelson stated she
has four parking spaces. Mr. Garthwaite then stated this is going to take
quite a little while because this is not nOrIPally the Board of Adjustments
area to go through all this parking business; it is the Planning and Zoning
Boards; but we have no notification from them, so they apparently did not do
it.
The Board then asked Mrs. Nelson about three parking spaces in the front and one
in the back. She explained that her son had five spaces and doesn It need them
all, so she took two of them. Mr. Garthwaite explained that if you look at the
square footage of the warehouse and divide by 200 you will come up with a re-
quirement of forty parking spaces and there doesn I t seem to be that. Mr. Newell
stated that if Mrs. Nelson ever moved from there, there would just be two spaces.
Mr. Perzan said he has another twenty feet he is not using which is now planted
with grass, but IvIr. Garthwaite stated if he added parking there, it would cut
him down to ten foot driveways and at least 12 feet are needed on the side. Mr.
Garthwaite stated it is not listed as a permitted use but is listed under
Special Exceptions.
Mr. Garthwaite then asked the Board to turn to "Sewerage" , page 804, Section
10-80 and discussed the laws to permit sanitary facilities and read from the
sanitary laws, 10-82, "No perspn shall build or rerrodel or cause to be built or
rerrodel any structure used for human habitation or Occupancy within the City
which is within 200 feet of the public sanitary sewer line unless it is provided
with a water carried sewerage facility. He also stated what we are trying to
determine is, does this place have to have a bathroom. Mrs. Murphy stated what
bothers her is they gave him a permit to build warehouses, and it should have
been straightened out a long time ago if he intended to have small businesses.
Mrs. Martin said small industries but that' he wants now to make it retail.
Board of Adjustments, Minutes
of May 8, 1986 Meeting
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rilrs. Murphy then added that when something was built as a warehouse, she
doesn't see how it could. suddenly become business. Mr. Garthwaite stated
it would be very expensive to make this into a retail store.
Mr. Savini stated he believes we need a little rrore infonnation and Mrs. Martin
said she doesn't believe we can make decisions to change the area starting with
one shop, and that the Board would have to approve the next person for the very
same things. Mr. Murphy said when the Planning and Zoning Board sent us this
merro they should have gone into it rrore, because what Mr. Perzan is planning to
do and what is existing at the present time are two different things. Mr .
Garthwaite then stated this type of business is not hazardous, that there are a
number of things that can be done, that there are conditions this Board is
allowed to put on special exceptions; that is, retail only; inside only; nothing
displayed in the parking lot for if you come out of those bays you are takfug up
parking spaces, and if you come out across the street you have a flea rrarket.
Mr. Garthwaite then said another condition is that they must meet the require-
ments of the Fire Inspector, who wants two layers of whatever it is on the walls;
he wants the garage door to go; he wants proper ingress and egress to the building.
Mrs. Nelson stated the Fire Safety Inspector carne in April 8th and verbally told
Mr. Perzan what to do, and Mr. Perzan did it imnediately, but Mr. Jones did not
say double wall. Mrs. Nelson then added that when she went into the office to
pick up her sign, Mrs. Garrity showed her the memo that stated two layers; that
it will be about $500. to take out all the work Mr. Perzan has done plus installing
the double wall. Mr. Garthwaite told the Board the memo from Mr. Jones is very
important, that if something should happen to burn that building down and we haven It
taken the proper steps to safeguard it, the City may be responsible, arrong others.
Mrs. Nelson still added Mr. Perzan should have been told two layers in the
beginning.
A discussion followed as to eliminating B-1 :through B-6 and that there must be
some reason for Planning and Zoning to not want it in there. Mr. Garthwaite
explained when you go for a special exception all permitted uses as set forth in
B-1 through B-6 includes hundreds-o:E~different areas that opens up everything for
an industrial area; you don't want retail stores in an industrial area, you don't
want homes there, you want industry there; you want to protect your industrial
area.
The Board then discussed the number of bathrooms required, and Mr. Perzan stated
there are a.;o bathrooms for the tenants and one bathroom for the public. Mr .
Garthwaite then added that if this is the first step into opening this whole
place to retail businesses, it would seem the sanitation facilities are inadequte
and parking is inadequate, just those two as I see. Mr. Savini stated the fire
safety does not seem adequate, either, but Mr. Garthwaite stated that is just
for the surfboard business. Mr. Perzan stated there are already a.;o hour fire
walls but Mrs. Nelson corrected him and said there is one fire wall between the
units as of now, but a.;o walls will now be needed for the surfboard unit.
A five minute break then ensued. Mr. Garthwaite started the meeting again by
stating the fire walls are really out of our jurisdiction and if the Board
wanted to they could put that in as a special condition. Mr. Garthwaite asked
if anyone had any questions and Mr. Newell asked if it might be better to
postpon~ this until we dig into it a little rrore and bring it back next rronth.
Jvlrs. Nelson stated she has to pay rent and can't afford that. Mr. Garthwaite
stated if we feel we need rrore infonnation, we should postpone it as we don't want
to do anything that would hurt Mrs. Nelson or possibly the City. Mr. Perzan
stated that when he first bought the land it was industry. Mr. Garthwaite said
this is industry and you want retail, which the City is reluctant to do, and
we have to go by the book and in this case we are doing rrore than is required
to do because we have not received any help from the other Board you went to.
Mrs. Nelson then stated that if it is going to take another rronth and she d6esn't
want to wait that rronth, can she just call in and say she wants to drop it? Mr.
Garthwaite told her yes, she can withdraw at any time.
Mr. Garthwaite stated we are worried about the parking and sanitary facilities
too, and the entrance to the place has to have a 32" door with a light above it.
He added the parking and sanitation. is out of our bailiwick and thinks the Board
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Board of Adjustments,
Minutes of May 8, 1986
Meeting
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should send it back to Plarming and Zoning for their decisions as to: a) if
there is sufficient parkings; b) if sanitation is available; c) if it meets the
Comprehensive Land Use Plan. He also added the deparbnent heads should review
it, mainly the Fire Safety Inspector, and then come back to this Board for a
decision. Mr. Garthwaite stated he believes we are trying to take on too much
ourselves which is not for us to do as a Board of Adjustments. Mrs. Martin
then IIDVed that we send this back to the Plarming and Zoning Board for their
review so they can inform this Board that it meets the requirements for
sanitation and parking and if it meets the Comprehensive Land Use Plan and
also a memto to the Fire Safety Inspector for his review and recOIt111endations,
seconded by Mr. Newell. Motion CARRIED 6-0.
There being no further business, Mr. Newell rroved the meeting be adjourned,
seconded by Mrs. Martin. The meeting adjourned at 8: 55 p.m.
Minutes sul:mitted by
Dorothy C. Garrity
Board of Adjustments Minutes
of May 8, 1986 Meeting
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