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07-10-1986 - . Q o (}J/~ ;- CITY OF EI:X;E.WATER BOARD OF ADJUSTMENTS July 10, 1986 7:00 p.m. Corrmunity Center MINUl'ES The meeting was called to order by the Chainnan, Robert Garthwaite. Members present were: Jinmie Newell, Louise Martin, Alice Murphy, Ray Savini, Robert Wolfe, Robert Garthwaite. Mr. Moran was excused. Also present were Mr. Harvey Baker, Reverend Mira de and Mr. Sid Corhern. APPROVAL OF MINUrES Mr. Garthwaite asked for approval of minutes of the June lOth, 1986 meeting. Ivlr. Savini rroved the minutes be accepted, seconded by Mr. Wolfe. Motion CARRIED 6-0. NEW BUSINESS Harvey Baker - Special Exception to permit Furniture and Car Seat Upholstering at 1947-F, W. Park Avenue in an I-I Zone Mr. Garthwaite announced this is the same location as the Board had to consider at the last rreeting. Mr. Garthwaite also stated that at the next Council meeting, there will be an Ordinance eliminating this B-1 through B-6 in the industrial zone, although it will still be allowed in the B-3 zone, so there shouldn It be any special exceptions in the industrial zone for retail business after this one. He also added the City is trying to protect the industrial zone and keep it at light industry. Mr. Savini asked Mr. Baker if he would be selling out of his place of business and Mr. Baker replied no, just repairing. Mr. Newell asked if Mr. Baker would have enough parking spaces for this; Mr. Garthwaite asked if he was going to use the entire 60 foot by 12 foot space and Mr. Baker stated no, he is just going to use the front stall. Mr. Newell said he would only have two parking spaces there. Mrs. Martin asked if, when repairing car seats, the cars would be parked there, and Mr. Baker said he will be parking the car in front, take the seats out and repair them. Mr. Newell asked if he would accumulate three or four autorrobiles at the same time, and Mr. Baker said no, you can only w::>rk on one unit at a time. Quite a discussion followed as to whether, if Mr. Baker should ever leave, the special exception would follow. Mrs. Murphy stated she believes the special exception goes with the place, but Mr. Wolfe thought that when the tenant leaves the special exception is no rrore. Mr. Newell said he thought the special exception goes to the person, not the place ,but Mr. Garthwaite stated it goes to the place, not the person. Mr. Wolfe then suggested this would be interesting, when Mr. Baker leaves, how they would issue a license., Mrs. Martin stated then when a new licensee canes in, it will have to be brought up again. Mr. Wolfe said that since they will be doing away with this in about a rronth, the City will just have to bim down any new tenants. Discussion continued as to the special exception, and Mr. Wolfe stated the Board can I t say, as to parking, ho.v ma.ny or who can park, that is for the Code people to take care of. Mr. Garthwaite said from the application last rronth, there were sixteen parking spaces and about twelve units. Mr. Garthwaite then returned to the idea that the special exception goes with the property, as he didn It see it listed. t-1r. Wolfe said a special exception is just that, special for that person only. He . also added that if they pass this new ordinance, there will not be any rrore applications, so if this gentleman va-e to rrove out, the next person would not have a chance. Mrs. Murphy stated she was under the impression special exceptions continue year after year, and Mr. Garthwaite said variances stay with the land. Mr. Garthwaite expressed the idea that once the tenant leaves, that special exception is gone and the next person corning in would have to app~y again. The Board then returned to the discussion of the five criteria, and t-1r. Savini asked if Mr. Baker was going to be able to drive in and work on the cars inside the building. Mr. Baker explained he pulls the seats out on the outside of the building. Mrs. Murphy asked ;iliout the rnerrorandurn received from the Zoning Board, where a rrotion was carried 'that a recorrrnendation be sent to the Board of Adjustments , '\. . Q o . that the special exception be granted. Mrs. Murphy asked if they were supposed to recommend to us that we grant a special exception. Mr. Garthwaite stated yes, they do recommend to us and Mr. ~volfe said the Planning and Zoning Board must believe he meets all the criteria. Mrs. Murphy still believes they should have said they saw no objection. Mr. Garthwaite said we should rephrase our wording to the Planning and Zoning Board and ask if they are going to recorrmend it, to state it meets the criteria of Articles VI and VII. Mr. Garthwaite then stated the City passed an Ordinance alloWing the business of upholstering as a permitted use in a B-3 zone, which automatically brings it into the light industrial zone right now. The Board then went into discussion as to whether this applicant meets the five criteria and after debating just one question concerning the bathroom facilities, which will have to be determined by the City before a license can be issued, the Board unanirrousl y voted they have no objections, the five criteria bave been fulfilled, and Mr. Baker was granted his variance. Miracle, Reverend Roger D., Friendship Baptist Church - Special Exception to permit conversion of building to a place of worship in the B-2 Zone, Hibiscus Drive Mr. Garthwaite announced to the Board we would now discuss the Special Exception request of Reverend Roger D. Miracle to permit conversion of a building to a place of worship in a B-2 Zone, Hibiscus Drive. Mr. Garthwaite stated this is the first time the Board has received a letter from an applicant detailing the five criteria and answering them, which was nice. Mr. Savini asked if Reverend l'<1iracle was going to have a driveway coming out of Hibiscus into the parking area, and Reverend Miracle said ye$ there would be two. Mr. Newell inquired as to the parking and Reverend Miracle said Mr. Sid Corhern, Architect, would explain further. Mr. Corhern explained the plans for paving, etc. to the Board. Reverend Miracle stated the church is way above the successful grCMth. rate. He also stated the cost of land is prohibitive so this building will serve for at least four or five years when they can hopefully go into rrore land. Reverend Miracle continued that they had tried to follow every guideline. Mr. Garthwaite told the Board there has been an ordinance passed putting this into the B2 zone as a special exception, and if there were no further questions, the Board would now discuss the five criteria. After discussion, Mr. Garthwaite announced to Reverend Miracle that for the record there has been no obj ection and the Special Exception is granted. Reverend Niracle stated he had been to many rreetings since February, but this was the best one, and thanked the Board. Mr. Garthwaite then stated he had one thing to ask the Board regarding variances. As a Board of Adjustments, he suggested the Board be very careful granting variances. He stated the Board cannot feel sorry for anyone, as hard as it may be; the Board must go by the book. There being no further business, Mr. Newell rroved the meeting be adjourned, seconded by Mrs. Martin. The meeting then adjourned at 7:40 p.m. Minutes submitted by Dorothy C. Garrity Board of Adjustments Minutes of July lOtg., 1986 Meeting -2-