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06-12-1986 (.) o (j IJ' ~ I ( CITY OF EDGEWATER BOARD OF ADJUSTMENT June 12, 1986 7:00 p.m. MINUI'ES The meeting was called to order by the Chairnan, Robert Garthwaite, at 7:00 p.m. in the corrmunity Center of the City of Edgewater. CAIJ.. '1D ORDER/ROLL CAIJ.. Members present were: Richard Moran, Jirrmie Newell, Louise Martin, Ray Savini, Robert Wolfe, Robert Garthwaite; Alice Murphy was excused. Also present were: Lister Rodman, Margaret Nelson, James Conley and John Robinette. APPROVAL OF MINUI'ES Mr. Garthwaite called for approval of the minutes of May 8, 1986. Mr. Newell IIDVed the minutes be accepted, seconded by ~tr. Savini. Motion CARRIED 6-0. OID BUSINESS tvlargaret Nelson - Special Exception to conduct business as a Furniture Retail Sales at 1947 West FarkAvenue Mr. Garthwaite announced this case is being carried over from a previous meeting as the Board had requested and asked the Board to turn to the merro sent to us by Mrs. Plaskett, Assistant Planner, for clarification of the questions asked by the Board of the Planning and Zoning Board. Mr. Newell asked about the B-1 through B-6 change, and Mr. Garthwaite explained they are going to take the Special Exceptions out of the light industrial area where it says "B-1 through B-6 to be included as a Special Exception" which will do away with retail sales. He also continued that will not be anything for us to consider at this time, as we are here to act on Mrs. Nelson I s request to allow a retail sales in that warehouse as a Special Exception. Mr. Garthwaite stated one of the questions we had asked was the sufficient parking question, and Mrs. Nelson said her son has five spaces and she would provide a letter if she gets the Special Exception, stating she will have the use of those five spaces. The second question concerned the availability of sanitation and Mr. Garthwaite explained that question will be handled by the Building Official. The Comprehensive Plan, which is one of the criteria the Board of Adjustment must determine, was another question and Mr. Garthwaite explained this is really the criteria of the Planning and Zoning Board, also. Mrs. Nelson then asked if this will go to another Board after the Board of Adjustment and Mr. Garthwaite answered she will have to apply for an occupational license if the Board gives her the Special Exception. Mr. Newell stated his only concern was the use of one bathroom in all those buildings, and Mr. Garthwaite stated this will be up to the Building Department before they grant an occupational license. Mrs. Nelson stated the two offices on each side have their own restroorns and a lot of people use those; that she has never been down to see the restroorns so she doesn't believe that ffi3IlY people use it. Mr. Newell added that Mrs. Nelson and the Body Shop next door should be the only ones to use it. Mr. Garthwaite asked hOVJ' many bathrooms are in that building and Mrs. Nelson answered three, but two are private, and one is for the public. The Board then turned to page 1643 of the Code Book and proceeded to the five criteria which must be met. Mr. Garthwaite then announced to Mrs. Nelson that the five criteria have been met with the following conditions attached: (1) the findings of the Building Department must be in the affirmative; (2) a letter will be provided to the Planning and Zoning Depa.rbP.ent that the spaces of the adjoining property will be available for parking; and (3) no IIDving of the merchandise out of the builidng onto the front parking areas, and no display of furniture or selling outside of said building. Mr. Savini then IIDVed the three conditions mentioned be attached as part of the granting of the Special Exception, seconded by Mr. Moran. JVI.otion CARRIED 6-0. " o Q Mrs. Nelson stated she would like to have Mr. Rodman added to the business and the Board told her she can do that when she canes in for her Occupational License. Mrs. Nelson then asked if she could display on the grass, and Mr. Garthwaite stated he was not sure, that she should check with the Building Department. James Conley, Request for a 9 foot Variance. to. the front setback ~ to allow the erection of a canopy at 2315 Guava Drive, C.A.R~ Enterprises. Mr. Garthwaite asked rtrr. Conley to take a seat, and Mr. Conley introduced Mr. John Robinette as his partner. Mr. Newell asked Mr. Conley where he was at last rronth' s meeting and Mr. Conley replied he misunderstood; he thought Mr. Fischer was going to represent him. Mr. Garthwaite then asked Mr. Conley if this was really a "temporary" awning as Mr. Conley had described on his application, and Mr. Conley answered no, it is pernanent, fourteen feet long and thirty feet wide. Mr. Newell said it is real 1 y a carport made out of aluminum and asked Mr. Conley what it is used for. Mr. Conley stated it is a paint and body shop and explained the dimensions of the canopy, saying it is too hot in there and that is the idea of the canopy, to work outside. Mr . Newell asked about the dust that would be accmnulated and Mr. Conley said there is a retention,"' area where they wash .the "dust. away ~ . A discussion followed as to the nine foot setback, resulting in the Board discussing each criteria. Mr. Garthwaite then announced that Mr. Conley has met thecriteria necessary for a Variance and must now appear before Mr. Fischer; the Building Official, where he can secure a pennit and, at which time, a fee. or fine will be imposed. MISCELLANEDUS Mr. Garthwaite then informed the Board that new fonns were being used for applications of Special Exceptions and Variances, and passed one set around for their information. A short discussion followed concerning the new fonns, which seemed to meet with the Board's approval. There being no further business, Mr. Savini rroved the meeting be adjourned, seconded by Mrs. Martin, Motion CARRIED 6-0. The meeting adjourned at- 7:34 p.m.._ Minutes submitted by Dorothy C. Garrity Board of Adjustment Minutes June 12, 1986 Meeting -2-