09-11-1986
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS
September 11, 1986 7:00 p.m.
Community Center
MINUI'ES
The Chainnan called the meeting to order at 7: 00 p.m. in the Community Center
of the City of Edgewater.
roLL CALL
Members present were: Robert Garthwaite, Chainnan, Louise Martin, Vice Chainnan,
Ray Savini, Alice Murphy, Richard Moran, J.:im:nie Newell. Robert Wolfe was excused.
Mr. Savini rroved the rninutes of August 14, 1986, be accepted, seconded by
Mrs. Martin. Motion CARRIED 6-0. Mrs. Murphy rroved the minutes of August 28, 1986,
be accepted, seconded by Mr. Savini. Motion CARRIED 6-0.
OID BUSINESS
Belrront Homes - Request for five foot variance at 125 Orange Avenue, to line up
porch with other houses on street.
Mr. Garthwaite stated Mr. Osgood has not arrived at this time, although he had
been called and a letter sent. Mr. Savini said he went by that house and he noticed
the roof is already out there. Mr. Garthwaite said as long as he doesn I t pour the
slab and come down to it he will be alright; that will be up to the Building
Inspector. Mrs. Murphy added if he pours the slab and puts grill work up, then he
will be in violation. Mr. Garthwaite said he had talked with the City Attorney as
to people not showing up at the meeting when they have been notified, and was
advised the Board can go ahead with the hearing and render a decision. Mr. Newell
asked if he doesn I t put posts there, would it be alright. The Board discussed the
problem of whether there is to be just a slab there, a porch, or whatever. Mr .
Savini said the application stated "to even up with the other houses on the street"
and this is not so, as there are several houses on the Street that are further in \
than he is. Mrs. Murphy said when it is finished it is probably going to be a fairly
decent home and it is not going to hurt the neighborhood; but if we say he can I t put
the columns up and the roof is not supported properly and starts to falloff, it is
a touchy situation. Mr. Garthwaite said what Mr. Osgood wants to do is put in a
front porch, but what is the hardship if this is what he wants to do? Why should he
be allCMed to do it? Mr. Newell asked if there is just going to be a slab under this
5x17 roof, because that would be alright; but if he is going to put it a couple of
blocks high and make a porch out of it, then that is a different story.
Mr. Garthwaite stated if there is a problem with this set back, what that man has to
do is get a zoning change for the whole area. He added that when we are granting a
variance, it has to be a very special case, as much as you would like to say it I S
the man I s land and he should be able to do what he wants with it. Mrs. Martin said
she didn It really know what it is he wants to do, make a porch with posts, or what.
Mr. Garthwaite said if he talkeg of lining up the house with others on the street,
that is incorrect; if he is talking of putting in a porch, that is what we should
consider. Mr. Savini said if we do pass on this, we should add it shouldn I t be
closed in, or there should be posts caning dawn. Mr. Moran stated Mr. Osgood did
mention posts, and Mr. Moran then read from last rronth I s minutes where Mr. Osgood
mentioned posts to support the overhang. Mr. Garthwaite then stated we don I t have
to consider if the overhang can rna.intain itself, or whether Mr. Osgood went out and
spent rroney when a letter was sent to him notifying him not to expend any rrore rroneys
until a legal opinion has been sought. Quite a discussion ensued as to all the lots
being irregular, snaIl in depth, and Mr. Garthwaite said Mr. Osgood had answered the
five criteria questions attached to his application, basing his opinion on an
irregularly sized lot. Mr. Garthwaite agreed that Mr. Osgood does have a snaIl rot,
depthwise, but so are all the lots in that block; they are non-conforming in size
and non-conforming in depth, but what we are looking for is the encroachment onto
the front set back.
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Mr. Garthwaite asked the Board to consider very carefully the five criteria and
to remember the advice given by the City Attorney. He also added he is not trying
to influence anyone I s vote, but just asking they vote by answering the questions
and to not make special exceptions to answer the questions, if you believe the guy
is going to do something; you Imlst do it exactly as it says in the book, because if
we do not, someone is going to come along and say "you gave it to him, but not to me",
and that is what we have to consider.
Mrs. Mw:phy then asked if Mr. Osgood did not put in the posts, would it be alright,
if they weren It brought down to the ground, and Mr. Garthwaite stated he is still
encroaching on the set back. Mr. Garthwaite also stated he is going to send a
letter to the City Attorney and find out the legality of the overhangs into set baCks
and if putting in a slab is allowed. Mr. Newell suggested we wait to consider this
case until infonned by the City Attorney, but Mr. Garthwaite said he is just going
to ask the City Attorney about patios, and does not consider Mr. Osgood I s application
a patio, but a porch. Mr. Savini stated he thought there was no limit to concrete
if you allowed for the 1 inch water retention. A discussion followed concerning
this problem and if a roof is allowed, why not allow the posts to support the roof.
Mr. Savini stated the way the overhang is constructed, the builder can leave it
there if he gets a variance or if he does not. .
Mr. Osgood then arrived at 7:44 and apologized for being late, as he could not get
away from a meeting in Daytona. Mr. Savini then asked how far out the roof extends
and Mr. Osgood said five feet, seventeen feet wide. Mrs. Murphy asked when this roof
was put up, before the variance request? Mr. Osgood said no, . it was after the first
meeting and the Board said it was alright, so they went ahead and did the roof, all
framed and everything. He continued that it will not be screened in and there will
be a post on each comer, concrete posts, to support it. Mr. Garthwaite asked what
date he had put the roof on and Mr. Osgood could not remember. The secretary asked
Mr. Osgood if it was bef.ore he received the Board I s letter saying not to expend any
rrore rroneys, and he answered yes, it was; as soon as he was given the o.k. the first
time, that that is what they had been waiting for. Mr. Osgood stated he could have
put a different truss there, that an angle could have been put in there instead of
having it come straight down. Mr. Garthwaite then asked Mr. Osgood what arrount of
construction had been done when he first appeared before this Board, and Mr. Osgood
stated the walls, the concrete walls, were up, and he doesn It believe the roof had
been started. Mr. Garthwaite also asked him if he had contacted the building
inspector before he started the roof, and Mr. Osgood said no, he just thought they
could go ahead when the variance was granted. Mr. Newell then asked what would be
done about this overhang if the variance is not granted, and Mr. Osgood said that is
simple; he will just have to cut it off if it is illegal. Mr. Garthwaite then asked
if there were any rrore questions and the Board then went on to the five criteria.
Mr. Garthwaite stated that under "Special circumstances existing which are peculiar
to the applicant's land" etc., this is an irregular lot size, a small lot, grand-
fathered in, and when you build on an irregular lot, you have to meet the set backs.
He continued this is not the only lot on that street, they have the same depth, the
same width; there are homes at 25 feet; there are homes beyond 30 feet; they are
set at different depths. The Board then continued with the other criteria, and
Mr. Garthwaite, after the voting, announced to Mr. Osgood that the Board would have
to rescind what they had said before, as the variance will not be granted, and that
Mr. Osgood will be informed by letter. Mr. Osgood asked if this Could be appealed
and Mr. Garthwaite answered the only appeal he has is to the Circuit Court. Mr.
Garthwaite also suggested Mr. Osgood go in and talk with Mr. Dennis Fischer, the
Building Inspector, and find out what his feeling 'is as to the overhang.
The Board then discussed the idea of a letter to the City Attorney and the secretary
was instructed to write a letter, asking the City Attorny to clarify if it is a
violation of the set back regulations to have an overhang that enters the set back,
whether it I S an overhang, a patio, or whatever, that is not anchored by posts to a
slab.
There being no further business, Mrs. Martin rroved the meeting be adjourned,
seconded by Mr. Moran. The meeting adjourned at 8:16.
Minutes sul:mitted by
Dorothy C. Garrity.
Board of Adjustments Minutes,
September 11, 1986 Meeting