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08-14-1986 o o ()itlf { CITY OF EDGEWATER BOARD OF ADJUSTMENTS August 14, 1986 7:00 p~m. Comnuni ty Center MINUI'ES The Chairman called the meeting to order at 7:00 p.m. in the Comnunity Center of the City of Edgewater. ROLL CAIL Members present were: Savini, Robert Wolfe, present were: Duane Paul J. and Angela A. Richard Moran, Louise Martin, Alice Murphy, Ray Robert Garthwaite. Jimmie Newell was excused. Also Osgood, Richard Thomas, Earl ~vallace, Mildred Lipscomb, Monaco, J. Medlow Jones, and Attorney Robert Trumbo. APProVAL OF MINUI'ES Mr. Garthwaite asked for acceptance of the minutes of July 10, 1986. Mr. Savini rroved the minutes be accepted, seconded by Mrs. Martin. Motion CARRIED 6-0. NEW BUSINESS Belrront Homes - Request for Variance from 30' to 25' to Allow Erection of a Patio at 125 Orange Avenue. Mr. Garthwaite asked Mr. Osgood, representing Belrront Homes, to take a seat. Mr. Garthwaite then swore in Mr. Osgood and asked if the Board had any questions. Mr. Savini then asked Mr. Osgood if this was going to be a closed- in affair with a roof-over and Mr. Osgood said no sir, just a roof-over; that the concrete pulls out five feet and roof of the house extends over that, and there will be posts there. Mr. Garthwaite asked Mr. Osgood if he was basing his variance request on an irregular lot size and Mr. Osgood answered yes. Mrs. Murphy added that on the application, Mr. Osgood also stated he is trying to line it up with others on the street and that evidently before his house was built the set-back was only 25 feet and they must have changed it. Mr. Garthwaite answered yes, it must have been changed. Mr. Garthwaite then stated. to Mr. Osgood that the Board of Adjustments must find that all five criteria are met and if they are, Mr. Osgood will get his variance. Mr. Garthwaite added this also goes for the rest of the applicants who are seeking variances. The Board then voted on each criteria. Mr. Garthwaite then announced to Mr. Osgood that he had'met the criteria and was granted a variance and would be notified in writing. Earl Wallace - Request for Special Exception to allow Gas Pumps in the B-2 Zone as a Special Exception (Shop EZ) at Indian River Boulevard and India Palm Drive. rfrr . Garthwaite swore in Mr. Wallace and informed the Board this is basically the same thing the Board came up against two rronths ago at the other end of Florida Shores. He then called the Board I s attention to a letter received from the Planning and Zoning Board wherein they recomnended this Special Exception be granted, enclosing a copy, also, of the Ordinance and a layout as to what Shop-EZ is proposing for the future. Mr. Garthwaite asked for any questions from the Board and Mr. Savinin asked the distance allowed from the street or highway and Mr. Wallace answered 25', and that they are allowing for a 10 I buffer of landscaping. Mr. Wallace also explained they intend to control traffic flow through that area with an entrance from State Road 442 and a secondary entrance and exit from India Palm. He also stated they have indicated the area, usage, and utilization for future exPansion by providing parking spaces and hard surface at this time, which will allow future expansion to be only a certain size. He also added paving will be there with marked and striped Parking areas. Qui te a lengthy discussion followed as to future plans, with Mr. Wallace stating they hope to improve that corner as it is, at this time, the last lot in a westerly direction of B-2 in Edgewater. He also unveiled plans for future unit 1, Unit 2, unit 3 and unit 4 and believes it will work o o out very well for this particular parcel. A discussion followed as to the placina of pumps in front of the Shop-EZ and Mr. Wallace explained that seeing the Shop-EZ compleX: was. established prior to our zoning today, it could caUE'e further interference with what they have, so they are trying to design a new parcel that will allow less traffic congestion and to find how you will corne in and out. Mr . Savini then stated he was still thinking of the distance from the street as there is some change on Indian River Drive. Mr. Wallace stated from the highway to the structure is 60 feet; and t.hat the existing unit on Shop-EZ is 64.7; that they are back another ;26 feet for ,a total o~ approximately 80 feet. Mr. Garthwaite said that is probably what Mr. Savini is asking, that the purrps will be sitting in that 60 foot set back, and Mr. Wallace said yes, sir. He also added that they have a double standard they are trying to comply with; that the major structures are all within the limits as required by the set backs, and they are utilizing the pOrtion of the zoning ordinance in the senrice-station-type situations. Mr. Wallace also stated the ordinance states they must be at least 25 feet from the right-of-way lines for a purrp; that 'they are trying for 442 with a 30 foot set back. Mr. Wolfe stated it's just two different things, one for structure and one for purrps. Mr. Wallace stated that is a good point, and they have taken that' mto consideration and are trying to comply on both fronts, as they have a double standard to work with. He also added the eleven parking spaces across the front of this future structure plus the six foot walkway brings them well within the:"limits.Mrs. Murphy said she didn It think we have to give much consideration to future plans as they may never materialize.~ But Mr. Wallace asked the Board to keep in mind that once they have complied with the ordinance as it is written it does allow construction of a certain size for a parking area based on 250 square feet for a parking space; that the minimum is twelve and they have thirteen. He also added that once they pass with the Board's blessing and go on to Planning and Zoning and comply with those ordinances as written , it allows Mr. Richards possibly to lease part of the structure; that in the rreantime we have complied with the ordinances so it does allow future growth in that particular area. Mr. Garthwaite stated he was still not sure <f being in that 60 foot set back area. After discussion, Mr. Wallace stated that due to the isolation of this corner, it's the best situation to work with as he knows of no other ordinances anywhere in the State that states 60 feet away from the right-of- way, or seventy feet or eighty feet, but they have placed their structUre , that far. Mr. Garthwaite explained he doesn't believe there is any objection to what Mr. Wallace has done here, it's just the pumps being in that sixty foot area. Mr. Wallace stated he believes that is what the Special Exception allows in the B-2 area, but Mr . Garthwaite said yes, except the 60 foot area set back was not brought up. Mr. Garthwaite asked about placement of lines from the tank, etc., and Mr. Wallace said they will be underground , and a cement slab will hold the pumps. Mr. Garthwaite asked the Board if they would consider putting some type of conditions on the Special Exception and Mr. Wolfe added we should put on some type of stipulation, as some day they may sellout and the next guy would say he doesn't have anything to worry about; if it's on there, the City can do something about it. He also said all we are doing is protecting the public and that's what we are here for. Mrs. Murphy then stated there is no problem with the gas tanks as the Zoning Board took care of that. The Board went into a discussion of the structure in the 60 foot set back, how many tanks will go in the ground, etc., and Mr. Garthwaite added anything that goes on after it leaves this Board with a Special Exception, of course, is with the Planning and Zoning Board. The Board went into quite a deep discussion of placing the tanks in the 60 foot set back, traffic problems that might evolve (although Mr. Garthwaite agreed Mr. Wallace I s set up seems to be a better flow of traffic then is presently there), and where the buffers will be. -2- Board of Adjustments Minutes of August 14, 1986 Meeting o o Attorney Robert Trumbo then asked if he could speak and Mr. Garthwaite said yes, of course. Mr. Trumbo stated he was representing Florida Shores of Volusia County, Incorporated, and the reason he felt he should attend this hearing was that Florida Shores owns a parcel of property which is across the street from that owned by Mr. Richards i that that parcel of property is the subject of a contract for sale with Southland Corporation, which rrost of us know is Seven Eleven, and that an application for a Special Exception has been filed under the same ordinance which Mr. Richards has filed. He explained this application filed by Southland is set for next rronth, but he felt he would like to make known some of his concerns, especially Ordinance #86-03, which amended the B-2 classification to pennit convenience stores to have gas tanks, not to do autorrotive services, not Do do any repairs, but simply to sell gas. Mr. Trumbo then referred to Section 713 of the Code, parts of which he read to the Board, explaining where they think there is a problem is where it says "All requirements of Section 713 shall be complied with", and Section 713 has come up in the course of discussion this evening. He went on to discuss the fact that Section 713 applies to Type A and Type B Autorrotive Services, and he believes what is interesting about this is that a convenience food store with simply the sale of gasoline does not fall within either Type A or Type B Autorrotive Services. Mr. Trumbo said their concern is that within Section 713, specifically 713.07, there is a requirement that there should be a minimum distance of 750 feet between autorrotive service stations. Mr. Trumbo again pointed out that what we are dealing with here are convenience stores and we think this division creates something of an ambiguity i it is obviously of interest to us because our property is less than 750 feet away from Mr. Richards' property. He also stated the inherent ambiguity in the ordinance is again the fact that 713, as it is drafted, applies to service stations rather than convenience stores which sell gasoline, and we think the ambiguity needs to be clarified, for if that 750 foot stipulation does indeed apply in the case of convenience stores that simply sell gasoline then obviously what we have created is a situation where there can only be one set of gasoline tanks to service an immediate conmunity of at least 3,000 homes_ there now and a potential of about 7,000 homes in Florida Shores. Mr. Trumbo stated he had a meeting with City Attorney Alvarez concerning this and he was not able to give a clear cut response as to whether he aareed or did not agree with oui:' determination. Mr. Trumbo stated the stipulated,~footage of 750 might make sense as to autorrotive services but not for convenience stores that simply sell gasoline, as there is quite a distinction between the twJ. He said he does not know the intent of the 750 foot requirement, . and. perhaps we could shed some light on that now, but again he ,feels in any case it would not apply and he would be entitled to a Special Exception also, and that a Special Exception has been filed. Mr. Wolfe said he was under the impression that the State of Florida, back in the Eight:h:s "passed a law that convenience stores were classified as "D" type for fire insurance, which meant they were a different type of service station to begin with. Mr. Wallace said yes, it is a matter of interpretation, but as it is written you would have to procure that, as far as the Board is concerned, but in this particular instance we have gone through this past year working to get where we are and we are now asking for our Special Exception. Mr. Wallace also stated he thinks Mr. Trumbo has a very good point, but it is a legal matter and must go through the proper channels for revision if there is to be one. A lengthy discussion followed as to Seven Eleven's plans and Mr. Trumbo stated his concern is that if this Special Exception is granted here tonight it may be an improper or illegal 1 y granted Special Exception if it turns out that because of the ambiguity in the ordinance, it is not a proper one. Mrs. Murphy asked if he is saying that the Board may be basing there dec.isim on something that is illegal and Mr. Garthwaite said to wait just a rroment, that the Board should have been warned this was corning, we should have had some advice, and we should have had an attorney. Mr. Wolfe suggested the secretary get with the Assistant planner and see about getting that part changed or added to. Mr. Wallace then stated they are filing first in this situation and they do C,?mplYi.-they are asking for their particular site, not the people across the street. He also said his concern is that his client should be considered at this time and allow room one way or the other to improve on the ordinance. Board of Adjustments Minutes of August 14, 1986 Meeting -3- o o Nr. Garthwaite then asked if the members of the Board had anything they wanted to say and Nrs. Nurphy stated she is surprised Attorriey Alvarez did not warn the Board that this would be coming up and Nr. Garthwaite said we definitely should have been advised. Nr. Trumbo said he had a discussion with Attorney Alvarez last Thursday, and this certainly was not an attempt to come in here and cause confusion, and he believed Attorney Alvarez had spoken with Nrs. Plaskett. Nrs. Nurphy then asked if Nr. Trumbo is saying if the Special Exception is permitted, would it work against him? Nr. Trumbo answered absolutely! Nr. Garthwaite then told the Board we had two courses; one, to go ahead with our five questions, and. if it's approved it's approved and if it isn't it isn't; that if it's approved put special conditions on it, make a rrotion and pass those conditions; or we can table this and request advice from our Attorney. He added that if we table it, it will be the first one off the table, also, which v..ould keep it in the . order they were applied for. The Board thorough 1 y discussed any action they should take and Nr. Wallace stated he could understand the Board's concern about zoning in the future but his client's do corrpl y with the ordinance as it is written today, and) he can understand the Board's concern if there is a good point but he is asking for their project to be considered at this time and v..ork on the ordinance torrorrow, as time is of the essence and time is rroney, so tbey are asking for o~ consideration at this time; that he does trust they do and can corrply with your wishes. Nrs. Nartin stated she doesn It know if the Board should be put in the position of all of a sudden having a new element inserted into this area. Nr. Garthwaite asked if she would be in favor of tabling this, and JV'.1I"S. Nartin said why should we forge ahead and make a decision when we are not certain at this time about the ordinance. Nr. ~volfe added his concern is this: we are here tonight to do something; that he had not been enlightened about the ordinance; that it is up to the people who want something changed to do the changing. r-1.f. Wolfe expressed the opinion that these people should get together and figure out whatever problems exist, .that it is not the Board's problem. Nr. Garthwaite stated he also feels the Board does not want to get into a situation where it is detrimental to the City. He continued there is another way to do this; that if we were to hear this and pass this under the conditions there were no legal problems, it v..ould have to be cleared through our legal department. A further discussion was held as to what action to take and Nrs. Nartin then rroved that we table this request until we receive an opinion from the City Attorney and to then have a special meeting wi thin two weeks time, seconded by Nr. Sal vini. Notion CARRIED 5-1. Nr. Wallace then asked that the Board keep him informed as to every transaction and Nr. Garthwaite agreed. The Board then took a five minute break and resumed the rneeting at 8 :10 p.m. ilildred Lipscomb - Requesting a Variance of 5' to allow erection of a carport over an existing driveway at III East Park Avenue Nrs. Lipscomb was sworn in by Nr. Garthwaite who then informed the Board as to the facts of this request, stating the request is_to install a free- standing carport. to cover an existing driveway, and that a variance is needed_ fo! a five::footarea_nexL.to_theproperty line on the east side of the property. Nr. Garthwaite asked if the Board had any questions and Nrs. Nurphy stated it appears from the application that fifty percent of the property is covered, plus five percent of the proposed building, which totals fifty five percent of the lot being covered, and Nrs. Nurphy believes that is a mistake. Nrs. Lipscomb stated she.~ isnbtvery good .at. percentages and that could be a mistake. Nrs. Lipscomb also explained that the area is already asphal ted and a structure over the asphalt is not going to make any difference as to run-off or collection of water and soil. Nr. Wolfe said years and years ago, since the City had a purrp house there, they decided to take Lots 7 and 8 and pave them. A discussion followed as to the situation of this property, and Mrs. Lipscomb explained that in 1948 Nr.Hovarter built this house and that little alleyway was a driveway onto City property to a maintenance building, and Nr. Hovarter was given at that time the right-of- way to enter his property through the City driveway, and that is why the garage area and driveway area has maintained itself on that area. A discussion followed as to alleys being abandoned, the - size of the lot and surrounding lots, and the set backs on these streets. Nr. Garthwaite then asked the Board if -4- Board of Adjustments ilinutes of August 14, 1986 Meeting o o they had any other questions and reminded the Board that what is being requested is an open carport. The Board then discussed the idea as to whether this falls under non-confonning lots and Mr. Garthwaite read from page 1539 of the Code Book under Non-Confonning Lots, that the side set backs for new dwellings shall be ten percent of the width of the lot, except no such side setbacks shall be less than five feet. The Board continued to discuss the fact that this would then be made a non-confonning situation, and Mrs. Murphy stated that this is such a crowded situation with a cottage and a main house and it's only a fifty foot lot,- especially if coverage is over thirty percent. Mr. Garthwaite stated it is already paved and putting a roof over it isn't going to make any difference, but discussion still continued as to over thirty percent of the lot being covered, that it could be troublesome as to whether we are in violation of the ordinance. Mr. Garthwaite then told the Board we have to look at this as an older hone being on a small lot; that a new structure going on this lot has to have a variance, a five foot variance, there being a ten foot set back on either side. Mr. Garthwaite then went on to the first of the five criteria, with Mrs. Murphy saying she could not go on as she just does not have enough information. Mr. Garthwai te stated she should vote or make a rrotion. A discussion followed resul ting in ttrs. Murphy rroving this be tabled. The rrotion died for lack of a second. The Board then continued on with the five criteria, resulting in an announcement by torr. Garthwiate that Mrs. Lipscomb has received her Variance and she will be so notified. Paul J. and Angela A. Monaco - Requesting a 6' Variance to allow the enclosure of an existing screened-in porch at 409 Wildwood Drive. Mr. Garthwaite swore in Mr. Monaco and announced Mr. Monaco is requesting a 6 foot Variance to replace an existing 12x15screened porch with a family roan. Mr. Monaco stated he wishes to increase his living area, that he has lived there approximately five and a half years, has quite a large lot, being on the corner. Mrs. Martin asked if he had a building penni t when he installed the existing porch and he answered the contractor did, at least he was sure the contractor did. Mrs. Murphy asked if Mr. Monaco understood he could make a screen porch there when he bought the house and Mr. Monaco said yes, that was his understanding. He also explained he would now like to use that area all year around. Mr. Garthwaite stated this falls under the point of non- conformance, of enlarging a non-conformance structure and Mr. Savini stated he doesn't quite have a clear picture on this; that Mr. Monaco states he is going to enlarge, but is he going out to the back line? Mr. Garthwaite stated no, what he is basically going to do is stay at the 12 foot depth but going out 24 feet. Mr. Garthwaite stated that if the Board would look at page 1540, "Non-Conformance" (a), it stated "No such nonconfonning structure may be enlarged or altered in a way which increases its nonconfonnity, but any structure or portion thereof may be altered to decrease its nonconfonnity." Mr. Garthwaite then asked Mr. Monaco if it was his intention to tear this down and start over, to which Mr. Monaco replied yes. Mr. Garthwaite then stated if he tears it down he must meet the set backs or, as he is doing, request a Variance. Mrs. Murphy said if he didn It tear it down and just added to it, he would be adding to a non-confonning lot. Mr. Garthwaite added "to a non-confonning structure". Mr. Garthwaite told the Board we had run across this type of thing before, in Shangri La and Pelican Cove, where you have small lots and everyone wants to build on them. These people went to Council and had them change the Ordinance for Pelican Cove, and Shangri La is building bigger hones. The Board stated Mr. Monaco has plenty of roan but not to build on. Mr. Garthwaite announced if there were no further questions the Board would go right to the five criteria. Mr. Garthwaite, speaking of one of the criteria, explained the question was, if we grant this Variance to Mr. Monaco would we grant it to other people in the same district, is basically what we would be saying. After the five criteria had been discussed, Mr. Garthwaite announced to Mr. Monaco that he did not receive his variance and would be notified in writing. Rocky's Aluminum Products - Requesting< 4 I Variance - to allow erection of a carport and utility room at 1013 Egret Court. Mr. Garthwaite asked the Board if there were any questions and r.rr. ~.volfe asked if this wasn't in Pelican Cove West and why did he have to come before the Board. Mr. Garthwaite explained its rear set backs were changed not the side set backs. -5- Board of Adjustments Minutes of August 14, 1986 Meet.ing o o ~.r. Garthwaite then armounced to the Board that we have a letter from an abutting property owner who has no objection to this covered carport. Mr. Garthwaite then armounced Rocky I s Aluminum is requesting a Variance of 4 I to allow erection of a carport and utility room at 1013 Egret Court, Pelican Cove ~'Vest. Mr. Garthwaite also stated this is an R-4 Zone, v7hose side set backs are ten feet, and if anyone had any questions at this time. Mr. Jones, of Rocky's Aluminum, told the Board that this house is sitting on a corner, and sitting at an angle; that there are two units there. !-Ie also explained the one neighbor has a unit already on it, as he has the set back, but Mrs. Harm has only six feet on her side, from her neighbor's line to her line. Mr. Jones also explained Nrs. Harm bought her home from an individual who told her she could build a carport. Mrs. Murphy asked what the set backs are and Mr. Garthwaite stated 40 foot front set back in R-4, but they carmot go by that as this was changed after this house was built. Mr. ~'Jolfe asked what the original set back was and Mr. Garthwaite stated 30 feet then changed to 40 feet, but that would not include anything that is built now or any of Pelican Cove which was planted before the change. He added anything that goes up now has to have a place big enough for a 40 foot set back. Mr. Garthwaite stated the problem we are really concerned with is the side set back. Mr. Jones said he could cut the carport back so it would not protrude to the street; that he could cut it to about 26 or 27 feet. A lengthy discussion followed as to changing set backs in sub divisions, etc., and the Board then proceeded to the five criteria. At the end of the voting IV'rr. Garthwaite armounced to IV'rr. Jones that he has qualified for a variance and will be notified by mail. Election of Chairman and Vice Chainran Mr. Wolfe rroved that Mr. Garthwaite remain as Chairman, seconded by Mrs. Murphy. Motion CARRIED 6-0. IV'rr. Savini then rroved Hrs. Martin serve as Vice Chairman, seconded by Mr. Wolfe. Motion CAHRIED 6-0. Miscellaneous Mr. Garthwaite stated that under Miscellaneous we have to compose a letter to the City Attorney. The Board entered into quite a discussion as to when two people apply, who VV'Ould get preference, etc. Mrs. !JJ.artin then asked what we are going to ask City Attorney Alvarez, and Mr. lfJolfe said we are asking him to clarify Section 713. 07 of the Ordinance, Autorroti ve Services, and Mr. ~'Jolfe also would like to knovv when Class "0" Service Stations, which were known as Convenience Stores, were reclassified. The Board conveyed to the secretary the points to include in the letter to the City Attorney. There being no further business, Mr. Wolfe rroved the meeting be adjourned, seconded by Mr. Moran. The meeting adjourned at 9:28 p.m. Minutes sul:mitted by Dorothy C. Garrity - ---==- Board of Adjustments Minutes:,of August 14, 1986 Meeting -6-