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04-09-1987 ~ Q CITY OF EDGEWATER BOARD OF ADJUSTMENT REGULAR MEETING THURSDAY, APRIL 9, 1987 7:00 P.M. MINUTES Chairman Martin called to order a regular meeting of the Board of Adjustment at 7:00 P.M., April 9, 1987, in the conference room of City Hall. ROLL CALL: Members present were Bob Garthwaite, Louise Martin, Ray Savini, Jimmie Newell and Alice Murphy. Bob Wolfe and Richard Moran were excused. Also present were Beverly Kinney, Board Secretary and Lynne Plaskett, Planning Assistant/Grant Administrator. APPROVAL OF MINUTES: The minutes of February 12, 1987 were presented for approval. There was some discussion regarding setbacks on corner lots and the fence Mr. Schultz had put up on Hardin Place. Bob Garthwaite moved to accept the minutes as written, seconded by Jimmie Newell. Motion Carried 5-0. OLD BUSINESS: Bob Garthwaite moved to place New Business ahead of Old Business, seconded by Ray Savini. Motion Carried 5-0. NEW BUSINESS: Daniel Barber - Request for unmanned telecommunication .facility by Southern Bell at Cocoa Palm and Indian River Boulevard: Mr. Barber explained the facility would hold cable from the central service center and service approximately 3,500 people. It would emit no odor or sound and there is no safety hazard involved. There was some discussion regarding setbacks. Mr. Barber stated the site would be landscaped, and the telephone company would remove only those trees necessary to erect the concrete hut and pave the drive- way. The Board went through the five (5) criteria required to grant a special exception. It was found the request met the', requirements. Bob Garthwaite moved to grant the request for a special exception as long as the provision set forth by the Planning and Zoning Board to maintain attractive landscaping was followed, seconded by Ray Savini. Motion Carried 5-0. Rev. Tom Bennett - Florida Shores Baptist Church requesting perm- ission to have a church in the R-3 district at Edgewater Drive and Eaton Road: Mrs. Plaskett apologized to the Board and Reverend Bennett regarding this case. Apparently Mrs. Plaskett improperly informed Rev. Bennett of the order of meetings. He should have gone to Planning and Zoning before the Board of Adjustment. Mrs. Plaskett stated she had spoken with both Chairmen and it was decided the Board of Adjustment would hear the case first and then go to Planning and Zoning for approval. Mrs. Plaskett explained Reverend Bennett had been before Planning and Zoning once, but for a zoning text amendment, not the special exception. Reverend Bennett explained the current structure would be temporary until a church could be built. Mr. Garthwaite felt a church in a neighborhood was a good idea, but was concerned about traffic. Mr. Cliff Bennett showed how the parking, egress and ingress would work. There was some discussion regarding traffic. Mr. Garthwaite was also concerned about putting a church within 500 feet of a bar, since you can't put a bar within 500 feet of a church. Mr. Cliff Bennett stated as far as he knew it was possible and Fat Bob's was not considered a bar, but a restaurant. There was some discussion among the Board in regards to a church going in near an establishment serving alcoholic beverages. Mr. Garthwaite felt the Board should have a legal opinion from the City Attorney. -1- o o Special exception for church in R-3 district continued: Mr. Edward Thompson 203 Eaton Road: Mr. Thompson felt a church was a good idea, but since the property was sold to the church it has not been taken care of (lawn needs mowed), and wanted to know if the situation was going to continue. Rev. Bennett stated he was informed not to do anything with the property until he had gone through proper channels with the city before doing any work on the property. Mrs. Murphy recommended tabling this until the Board received a legal opinion from the City Attorney regarding the distance between the church and an establishment serving alcoholic beverages (section 4-3). Mr. Cliff Bennett assured Mr. Thompson the property would be mowed by Saturday evening. Mrs. Murphy put her recommendation in the form of a motion, but died for lack of a second. There was more discussion regarding traffic and the church in the vicinity of an alcoholic beverage establishment. The Board went through the five (5) criteria to grant the special exception and felt the criteria had been met. Mr. Newell moved to grant the special exception pending approval of the Planning and Zoning Board and a legal opinion from the City Attorney as to whether is is legal and proper to permit a church within 500 feet of an alcoholic beverage establishment, and that a buffer be installed and maintained. Motion seconded by Mr. Savini. Motion Carried 5-0. DBCC workshop for members: "Chairman Martin inquired as to whether anyone would be interested in attending. No one was interested in attending any of the sessions. Resignation of Richard Moran: Chairman Martin noted the resignation of Richard Moran and asked if there were any applicants to fill the opening. Chairman Martin was informed by the Secretary letters of interest on, file could be'pulled by the next meeting for discussion. OLD BUSINESS: Outdoor display: The Board received a copy of a memo from the City ClerkjAdmini3trator to the Planning and Zoning-Board regarding clar- ification of the intent on the proposed ordinance. Chairman Martin felt the Board ~eeded to reiterate their position. There was a five (5) minute break so the Secretary could get the whole file on outdoor display from her office at the Chairman's request so she could~look through the file. The meeting resumed at 8:13 P.M. The Secretary informed the Board the memo from the Planning Assis- tant/Grant Administrator, which they had before them, was the Plan- ning and Zoning Board's official response. Mr. Newell stated he voted against this in the beginning. Chairman Martin felt paragraphs four (4) and five (5) should be noted (see attached). There was discussion among the Board about legislating taste, setbacks, and fences for storage. Mr. Garthwaite moved to send a memo to Connie Martinez, City Clerk/ Administrator reiterating paragraphs four (4) and five (5) from Lynne Plaskett, and stating the Board of Adjustment agrees with it. Seconded by Mr. Savini. Motion Carried 5-0. Film on "Parliamentary Procedures": Mr. Garthwaite moved to table this seconded by Mr. Newell. Board of Adjustment Regular Meeting April 9, 1987 -2- o o MISCELLANEOUS: Chairman Martin stated the Board had denied a variance request by Mrs. Mildred Lipscomb and was told to remove either the carport or the workshop. Mr. Garthwaite explained one way or another they built a carport without any permits. Mrs. Murphy stated there was one (1) person building the carport and another building the work- shop. When the man arrived to build the carport he saw a building permit and thought Mrs. Lipscomb had gotten the building permit for the carport, but it was the building permit for the workshop. Mr. Garthwaite moved to send a memo to the Code Enforcement Officer, Pat DiLeva, stating the Board of Adjustment had denied the variance request for over 30% coverage on the lot and she was told to remove either the workshop or the carport, and to this date she has not complied. Seconded by Mr. Savini. Motion Carried 4-1. Mr. Newell stated he voted against tearing down one of the structures at a previous meeting, so he felt he must vote no again. Mr. Garthwaite asked about the plat/replat. The Secretary informed v the Board the memo carne in, but not in time for their packets. Mrs. Murphy brought up the house on Orange Tree Drive and stated she felt the house and pool did not meet the required setbacks. Now the owner has put a big mound of dirt with landscaping and visibility is blocked on the corner. Mrs. Murphy feels the property owner was given a variance without going through the Board. Mrs. Murphy stated she measured the side setback herself and it did not meet the setback requirement. There being no further business to corne before the Board Mr. Newell moved to adjourn. The meeting was duly adjourned at approximately 8:38 P.M. Minutes respectfully submitted by: Beverly Kinney, Board Secretary Board of Adjustment Regular Meeting April 9, 1987 -3-