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11-13-1986 , o o ~v 6 1\ CITY OF EDGEWATER BOARD OF ADJUSTMENT NOVEMBER 13, 1986 7:00 p.m. CONFERENCE ROOM MINUTES The meeting was called to order by the Chairman, R8bert Garthwaite, at 7:00 p.m. in the Conference Room of the City Hall, Edgewater. ROLL CALL / Members present were: Richard Moran, Jimmie Newell, Louise Martin, Alice Murphy, Ray Savini, Robert Garthwaite. Robert Wolfe was excused. Also present were: Billy Klein, Mr. C. E. Clark, Mr. John Runner, Mr. Henry Scherz, Mrs. Ruth Lorenzo, Mrs. Hann, Mr. and Mrs. poulins, Mr. Earl Wallace, Mr. Harry L. Griswold, Jr. and Beth Weilenman, Reporter. APPROVAL OF MINUTES Mr. Savini moved the minutes of October 9, 1986 be approved, seconded by Mr. Moran. Motion CARRIED 6-0. Mr. Garthwaite announced the Board would turn to "New Business" due to the density of the crowd, and return to "Old Business" later in the meeting. NEW BUSINESS Harry L. Griswold, Jr. - Special Exception for Outdoor Storage of recreation vehicles, boats and other vehicles. Mr. Garthwaite explained the facts of this case to the Board, stating this property was located between Hotel Avenue and Woodley, across the street from the cemetery. Mrs. Martin asked if it was going to be storage and not selling. Mr. Griswold answered just storage. Mrs. Murphy asked if the fence indicated would be to the lot line and Mr. Griswold said yes, he plans to use the whole lot for storage. A discussion followed as to the types of vehicles, their heights, and the fact that sufficient space will be allowed for the turning around of any vehicles stored there. Mr. Garthwaite asked an opinion as to how many vehicles will be stored and Mr. Griswold answered about twenty; that he will have a row of vehicles and space to drive through; that there will be no in and out in one day; that once they are parked they will have to be left there. Mr. Garthwaite then ~ked if Mr. Griswold was going to black top, and Mr. Griswold answered no, just leave it as grass. The Board then discussed the type of fence Mr. Griswold will have to have, one on the west side and one on the east. Mr. Garthwaite then stated we have no Ordinance at this time concerning "storage" and asked Mr. Billy Klein, who was in attendance, if the Planning and Zoning Board plans on discussing this question, and Mr. Klein answered "storage" will probably be included. Mr. Garthwaite then suggested to the Board it would be better to table this at this time and if an Ordinance passes, fine; but if not, it would have to come back to this Board. Mrs. Murphy suggested a temporary grant, but Mr. Garthwaite said no temporary grant, that the man should not spend any money on it. Mr. Moran then moved we table this Special Exception until clarification, seconded by Mr. Savini. Motion CARRIED 6-0. Mr. Garthwaite added that once we are informed an Ordinance has been passed, we will notify Mr. Griswold. J)J~FLII V Kathleen A. Poulin - Special Exception for Outdoor &toxage (The Little Red Furniture House) Mr. Garthwaite announced this agenda item concerned the Little Red Furniture House and asked the poulins to have a seat. Mr. Poulin stated he and his wife had paid the $50.00 fee for a Special Exception, .1 o u which permits outdoor display, but Mr. Garthwaite said we are waiting for clarification, and he suggested the Board table this, also, until we have notification that an Ordinance has been passed. Mrs. Martin then moved the Board table this matter until further clarification, seconded by Mr. Savini. Motion CARRIED 6-0. Earl Wallace - Special Exception to allow a duplex residence at Boston Road and Riverside Drive. (THE FOLLOWING IS TAKEN FROM THE SHORTHAND NOTES OF THE SECRETARY) Mr. Garthwaite announced Mr. Wallace is requesting approval for construction of a duplex at Boston Road and Riverside Drive and asked for any comments. Mr. C. E. Clark of 1938 South Riverside Drive and Mr. John Runner, of 1930 South Riverside Drive, announced they had not received notice of the meeting and a discussion was held with the secretary until this was clarified. Messrs. Clark and Runner were most concerned about the type of building being built as they were not satisfied with the building further down the road that had been built by the same owners. Mr. Wallace explained this duplex will be larger than the average small duplex, a one-story, and presented the plans to Messrs. Runner and Clark, who then asked what the exterior would look like. Mr. Wallace answered it may be stucco, brick or stone. He also explained this is an unusual piece of property, and quite a discussion followed between Mr. Runner, Mr. Clark and Mr. Wallace, after which Mr. Garthwaite asked the Board if there were any more questions and there being none, turned to the five criteria. After discussion and voting, Mrs. Murphy moved this Special Exception be accepted, seconded by Mrs. Martin. Motion CARRIED 6-0. '~(THE FOLLOWING TAKEN FROM TAPES) Mr. Garthwaite called a recess at 7:45 which resumed at 7:52. OLD BUSINESS Pelican Cove West discussion. Mr. Garthwaite announced there would now be discussion of Pelican Cove West and reminded the Board they have the request from City Council to reconsider Mrs. Hann's case regarding carports. Mr. Garthwaite also asked the Board to look through their packets for Ordinance 8607, dealing with set backs in all districts, said Ordinance not dealing expressly with "carports". Mr. Garthwiate asked the secretary for the memorandum from Mrs. Martinez regarding Mrs. Hann's case, along with the physician's statement concerning the health of Mrs. Hann. He then continued by reading a memorandum this Board had sent to the Mayor/City Council Members, stating the Board needed more information before a decision can be reached. Mr. Garthwaite also read a memorandum from Mr. Dennis Fischer, Building Inspector, to City Attorney Alvarez, regarding the need of Mrs. Hann for a four foot variance, wherein Mr. Fischer also asked City Attorney Alvarez if the exemption for screen rooms also exempt driveway side set backs, to which no answer has been given to date. Mr. Garthwaite then informed the Board that back on February 3, 1986, an Ordinance was passed doing two things; defining the term "screen- room" and the allowed encroachments into the setbacks, listing air aonditioners, awnings, balconies, driveways, overhangs, sills, adding, however, screen rooms, Florida rooms, roofed patios (roof with three sides open) and patio slabs, shall not extend into set backs for that area's required zoning. Mrs. Murphy noted the word "carport" is not included. The Board then discussed Pelican Cove West Ph~se I having Board of Adjustment Minutes of November 13, 1986, Meeting -2- o Q been rezoned so as to allow screen porches. Mr. Garthwaite stated he has yet to see anything which states Pelican Cove West I has been rezoned and the Board agreed. Mr. Garthwaite asked Mr. Henry C. Scherz if that is what he under- stands, and Mr. Scherz took his place at the table with Mrs. Hann, stating he has been involved with this for the last three years, and went into a lengthy discussion as to what has occurred in those three years. He stated that now, all the houses are not being inspected as to where the slabs are to go. He stated there are eighteen houses that are twenty feet off the rear lot line, and that at the meeting with City Attorney Alvarez and Mrs. Martinez, he had explained to them that what is there is there, whatever the mistakes, let them go. Mr. Scherz then stated that at that meeting, it was determined that any future slabs must conform, but in the meantime, according to Mr. Scherz, Mr. Carter is building more homes, with one house being 17' 3" off the rear lot line and one II' 7". Mr. Scherz then informed the Board of all the happening at Pelican Cove West Phase I in the last three years which he believes are not correct. Mr. Garthwaite then stated the City has really bent backwards to accommodate the people of Pelican Cove, and a discussion ensued for several minutes between Mr. Garthwaite and Mr. Scherz, with Mr. Garthwaite saying we must get back to the original intent of this discussion concerning Mrs. Hann. He added the Board should get a letter from the City that they have allowed building on the slabs, if what Mr. Scherz says is true, and it would seem to Mr. Garthwaite they should also clear the situation with the side set backs for the driveways. Mr. Newell stated they didn't change the Code at all, just came to some kind of agreement. Mr. Newell also asked how the Board can make sure the next Phase II inspections are made they way they are supposed to be made. Mr. Scherz said he can look down the block and see houses that are in wrong positions, and he understands the only recourse would be to the Courts, which they would not want to do. Mr. Garthwaite then asked if anyone on the Board has any objections to hearing this case again and they answered no. Mr. Newell then moved we write a memorandum to the City, asking what they have agreed to in Pelican Cove West, Phase I, with the residents, and that we can then discuss this at our next meeting. The motion was seconded by Mr. Savini and CARRIED 6-0. Mr. Garthwaite informed Mm. Hann she will be notified as to the Board's findings. Section 713.07.:Discussion Mr. Garthwaite asked if there was any discussion on Section 713.07 concerning gas pumps and regarding the changing of "shall" to "may". He continued the Planning and Zoning Board had received the Board of Adjustments recommendation for this change, but Planning and Zoning declined to act on it, saying there are 700 and some feet in the B-2 area and felt it should stay that way. Mr. Klein added that whoever was first was the one entitled to the gas pumps, and that is what they approved, what the Board of Adjustment made the Special Exception for, and that the wording should not be changed. Mr. Klein also added that what determined his opinion was when it was said they shall follow all regulations in 713, talking particularly of convenience stores. Mr. Klein also asked if he could inquire if the one pump for the Mini store on 30th Street had been approved and the Board said yes, it was approved. Mr. Klein also discussed the letter received in regard to gasoline pumps which had been initialed by City Attorney Alvarez, who denied initialing it; his secretary denied initialing it; and Mr. Klein stated he asked the Mayor and City Council to delve into this. Fee Requirements for Resubmitted Applications Mr. Garthwaite informed the Board we had received an answer to our memorandum to Mrs. Martinez and in reply, there will be no additional fee for resubmissions if they have to come before the Board again, if the Ordinance is rewritten. -3- Board of Adjustment Minutes of November 13, 1986 Meeting o o Mr. Garthwaite then stated Mr. Klein has been to our meeting in order to help us with communications and Mr. Garthwaite expressed the opinion that we should have a member of our Board, or two or three who could rotate, attend the Planning and Zoning Board meetings, which are held in the daytime. Several members of the Board work every day, so Mrs. Martin said she could attend, with Mrs. Murphy saying she would alternate, if necessary. Mrs. Murphy then said she didn't want to keep going back over anything, but she doesn't know how the Pelican Cove West zoning ordinance can be changed by just making an agreement with the Chief Clerk and the Building Inspector. She continued she believes they have to have something like a public hearing or another ordinance, which takes two readings. Mr. Garthwaite agreed that if there is a change, it must be put in the books so we will await word as to what has been agreed. There being no further business, Mr. Newell moved the meeting be adjourned, seconded by Mr. Savini. The meeting then adjourned at 8:49 p.m. Minutes submitted by Dorothy C. Garrity Board of Adjusment Minutes of November 13, 1986, Meeting -4-