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07-14-1983 ..~')~~ u u CITY OF EDGEWATER Board of Adjustment Meeting Minutes July 14, 1983 The meeting was called to order by Mr. Wetzel, Chairman, in the conference area of the Community Center at 7 p.m. ROLL CALL Members present: Mr. Wetzel, Mr. Garthwaite, Mr. Newell, Mr. Roush, Mrs. Murphy and Mrs. Martin. Also present: Mrs. Taylor, Secretary. NEW BUSINESS Coleman Construction Company, Inc. - request for variances for Shangri-La. Mr. Wetzel explained that the City Attorney determined that the Coleman Construction Company needed just one variance, which was for a side setback. Mr. Coleman called the office this date advising that he was withdrawing his request for the variance for Lot 65 and would not be at the meeting. Dr. and Mrs. George D. Lacy - Request for a 4' side setback variance to construct an addition approximately 18' x 38 ' at 516 N. Riverside Drive. Dr. Lacy was sworn in. Dr. Lacy explained that he wished to build a "great room" off the south face of his house. There is at present a concrete slab which he would like to enclose, open up the kitchen which goes onto the back and have an extension of the house. The floor of the addition will be at the same level as the floor of the house. He explained that to move the addition more to the east would block the window of the main house. Mr. Michael Scott, the neighbor to the south of Dr. Lacy, was sworn in and stated that in his opinion the construction was not limited to that particular area. He felt the addition could be redesigned, moved or made smaller. He stated that a 700 square foot addition which created a need for a variance is not necessary, and he could not see that it con- stituted a hardshop. He stated also that the slab would need to be taken out, as there was no footer under it. He believed it would be an infringe- ment on his privacy and there would be water runoff from the roof. He mentioned that he has lived at that location for 15 years. Dr. Lacy responded that the addition will cost approximately $25,000 and would not be an eyesore, and would increase the property value of the land next to it. He commented that Mr. Scott's yard was cluttered with construction trash and he did not want to see it. The patio was built when he purchased the house. Mrs. Murphy raised the question that the granting of this variance might be setting a precedence. A lengthy discussion was had regarding the runoff from the property and drainage due to the slope of the land. Mr. Newell commented that because the concrete pad is of no value, he felt the building addition could be relocated. Mr. Jim Jones, contractor for Dr. Lacy, said they were aware of the pro- blem and had worked around it. If the room is moved forward to the east, it would miss the kitchen and would cover the living room window com- pletely. He informed the Board that there would be just a one-foot overhang, and a two-foot overhang on the gable side, but it could be restricted. Mr. Jones felt that the Building Code would restrict them as to running water onto adjoining properties. The Board members considered the criteria for granting a variance (Sec. 904.01) The special circumstance in this case is where the house was located by the u u lB original builder; the special circumstances and conditions are a result of the applicant's unwillingness to relocate the addition; and the granting of the variance would not constitute a grant of special privilege. Mr. Roush suggested that the applicant review and relocate or redesign their plans and corne again before the Board, if necessary, with the new plans. Dr. Lacy responded that he would not like to extend it any further east than it is, because of the slanted roof over the kitchen and back door, which is a natural tie-in line to the addition. Mr. Jones said the biggest problem is the location of the kitchen and locating the bathroom on the west side of the house. Mr. Newell motioned that the application of Dr. Lacy for a variance be DENIED, because he feels the addition could be redesigned or relocated. The motion was seconded by Mrs. Murphy, and upon roll call the application was DENIED 4-2. Mrs. Martin and Mr. Wetzel voted in favor of granting the variance. Dr. Lacy was advised that he could appeal the decision of the Board to Circuit Court. Mr. Luis C. Geil, request for a Special Exception to permit R-4 construction in a B-3 zone to construct apartments on Marion Avenue. Mr. Geil was sworn in. He explained that the plan is to construct eight apartment buildings on the west side of the site which is now used as a drive-in theater, by extending the R-4 zoning to allow multi-family use in the B-3 district. He explained that about two acres are already zoned R-4 and about 4 acres are zoned B-3. He pointed out that the 250 feet along U. S. 1 will remain as B-3. There will be 108 two story apartments; the first floor will be of masonry and the second floor of framing. The project will have all the fire protection needed and will meet all the requirements of the R-4 regulations. They have received the department head comments. Mr. Garthwaite commented that he has looked at the application carefully and cannot see where it is a matter for the Board at this time. He said that in his opinion it should go before the Zoning Board for a rezoning. If the theater is closing there would be no reason to maintain the appendage of the B-3 off of U. S. 1, when there is R-4 on one side and mobile home on the other. Mr. Geil said that assuming that the special exception is granted, he could still go to the Zoning Commission for a change in zoning, if that is the wish of the Board. Mr. Geil submitted a drawing of a typical floor plan, each apartment to be about 1200 square feet, two bedrooms and two baths, and a plan showing a typical unit. In answer to questions concerning where the water is going to corne from for the project, Mr. Geil explained that it will corne from U. S. 1 and Marion Avenue at the corner, advising that there will be a loop line that goes from U. S. 1 to Marion. He said this has been discussed with the Water Department; it will be a 6" line and will cause no droppage in water pressure there. Mrs. Martin felt the Board should know that the water runoff and sewage is adequate; Mr. Wetzel advised that this will be determined by Planning when he goes back to them with the preliminary site plan. There was further discussion as to what information the Board should have before they approve the special eXgeption, such as water drainage and sewage. Bonnie Turner spoke to the Board, voicing the opinion that the Board of Adjustments could not consider this case because the Planning Commission had not made a decision. Mr. Wetzel advised her that the City Attorney had told him the Board could consider it. Mr. Bennington, Planning Commission Chairman, offered that if the Board grants the special exception, when it comesback to Planning they will have a topo, and because it is in excess of one acre, engineering has to approve the drainage, the Water Works has to prove that they have the capacity to handle this. There are a lot of things that have to be done before Planning can give approval. BOA July 14, 1983 - 2 - . u o Mr. Garthwaite said the question is whether they can consider it since there was no vote by the Planning Commission that the Comprehensive Plan has been met. Mrs. Murphy made a motion that the Board grant the Special Exception pro- vided all the requirements of the Code are met and it meets with the Comprehensive Plan. She would not want to give him a special exception unless all the requirements are met. The motion DIED for lack of a second. Mrs. Martin motioned that the request be TABLED until the Board received a decision from the Planning Commission. The motion was seconded by Mr. Roush and CARRIED 4-2. Mr. Garthwaite and Mrs. Murphy voted No. I I Mr. Garthwaite explained that he voted no because he believes this parcel of land which is 250 feet back from U. S. 1 should be rezoned and should not come before this Board or before the Planning Commission. He feels that is the proper way it should go. Mr. Geil said he took the proper procedure. would like to know if this step because it was his understanding this was This is the second time he has been rejected and he the City wants the project or not. Hanson and McCallister- Requesting a variance to permit a mobile home park on 2.5 acres, more or less, south of Park Avenue. Mr. David McCallister was present and was sworn in. Mr. McCallister informed the Board that the property is owned by Hanson and McCallister, Inc. He presented plans of the proposed park. Mr. McCallister gave a history of the property, advising that it was first zoned Agriculture; a few years later it was zoned mobile home; in 1977 there was a request to rezone all the property from MH-l and MH-2. At that time Park Avenue was strip zoned; an imaginary line was drawn and the south portion was zoned mobile home. Mr. Roush asked about an easement to the property. Mr. McCallister submitted a plot plan (Exhibit 1) indicating an easement through the industrial property to the north, 100 feet west of the Waco property. He indicated that he may change the location of the easement to the west edge of the industrial property. The plan calls for 16 mobile home sites. Several members from the community of Wildwood protested the approval of the variance, stating that a mobile home park there would devalue their properties, and would create additional drainage problems as well as increase the traffic on Park Avenue. They questioned the need for another mobile home park in Edgewater. Others spoke in favor of the project, stating that a mobile home park such as this is a credit to the community. In answer to questions concerning drainage from the site, Mr. McCallister said the water would percolate and a lot of it will stay in retention ponds. He also explained that he is intending to lease the lots on a long-term lease basis. Mr. Garthwaite explained that he opposed the granting of a variance for this property because the buyer was aware of the zoning at the time he purchased the property. Other members present felt that because the City had zoned the property for mobile homes they could not deny Mr. McCallister the use of his property. Mr. Bennington called attention to Sec. 303.00, which states that yards or lots created after the effective date of this ordinance shall meet at lease the minimum requirements established by the ordinance, noting that if this lot was owned by one individual at the time of passage of the ordinance it would mean one thing; if it had been reduced in size since the passage of the ordinance it would mean something else. Mr. Garthwaite made a motion that the request for the variance be DENIED. The motion was seconded by Mr. Roush. The motion DID NOT PASS, 4-2. Mr. Garthwaite and Mr. Newell voted yes to deny. Board of Adjustments, July 14, 1983 meeting minutes - 3 - o o Mr. Garthwaite said he voted to deny the variance because he felt it was because of the applicant's actions that he is having this problem, and not the actions of the City. Mr. Newell said he voted to deny because he did not feel a hardship was developed after Mr. McCallister bought the property. Most of the members of the audience left the meeting; the members of the Board discussed their motion and decided that there was a need for another motion to make clear their intent. Mrs. Martin made a motion that the variance to permit the mobile home park be granted. The motion was seconded by Mrs. Murphy and CARRIED 4-2. Mr. Garthwaite and Mr. Newell voted No. APPROVAL OF MINUTES Mr. Newell motioned to accept the minutes of the June 9, 1983 meeting as submitted. The motion was seconded by Mr. Garthwaite and CARRIED 6-0. ORGANIZATIONAL MEETING - Election of Chairman and Vice Chairman The Chairman opened the floor for nominations. Mr. Newell nominated Mr. Garthwaite for Chairman; Mrs. Murphy seconded the nomination. Mr. Garthwaite asked that h~ name be withdrawn because of his workload at the Space Center. He feared that he may not be able to perform his duties as he should. Mr. Garthwaite nominated Mrs. Martin and Mr. Roush seconded the nomination. There were no other nominations for Chairman. Upon roll call vote Mrs. Martin was elected Chairman by a vote of 6-0. Mrs. Murphy nominated Mr. Newell for Vice Chairman. Mr. Garthwaite, seconded the motion. Mr. Newell declined the nomination and nominated Mr. Garthwaite for Vice Chairman. Mrs. Martin seconded the nomination. Nominations were closed. The motion to elect Mr. Garthwaite Vice Chairman CARRIED 6-0. MISCELLANEOUS Mrs. Martin said she was concerned about people being able to get a variance ! on the east side of Riverside Drive and not notifying the people whose view is being affected. If they are away for the summer they could come back and find that a variance had been granted and there's a home in front of them, as it is not required that people across the street be notified. The members discussed the problem and agreed that persons directly across the street, as well as abutting property owners should be notified. There was dis- cussion about whether this rule should be for all requests or for those which affected the front of the property. Mrs. Murphy made a motion that all property owners directly across from parcels being considered for a variance or special exception be notified in the same manner as the abutting property owners are now notified. The members felt that the property owner across the street would have to look at the changes, which might be objectionable to them and might affect their property values. Mr. Garthwaite seconded the motion which CARRIED 6-0. This is to be in the form of a letter of recommendation to Council. The meeting was adjourned at 9:35 p.m. Minutes submitted by Joan Taylor Board of Adjustments Regular Meeting July 14, 1983 - 4 - A