05-14-1987
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS
May 14, 1987 7:00 p.m.
CITY HALL
MINUTES
The Chairman, Mrs. Louise Martin, called the meeting to order at 7:00
p.m. in the City Hall of Edgewater.
ROLL CALL
Members present were: Jimmy Newell, Louise Martin, Alice Murphy,
Ray Savini, Robert Wolfe and Robert Garthwaite.
APPROVAL OF MINUTES
Mrs. Martin called for approval of the minutes of April 9, 1987.
Mr. Newell moved the minutes be accepted, seconded by Mr. Savini.
motion CARRIED 6-0.
NEW BUSINESS
ESTELL CALLAHAN - Seeking a 3 foot variance to erect a carport at
814 Egret Court, Pelican Cove West Phase I. Mrs. Martin swore in
Mrs. Callahan. Mrs. Martin then asked if all abutting owners had
been notified, and the secretary stated yes. Mrs. Martin asked if
the carport area was 16.5, but Mr. Lisowski, a neighbor of Mrs.
Callahan's, answered it was to be 12 feet wide. There was some
discussion as to the 16.5 being a percentage, and Mr. Garthwaite
stated he had measured the driveway just that day and it was 12 feet
wide, the existing slab. Mrs. Martin expressed her belief that on a
corner lot the set back was 25 feet and Mr. Garthwaite agreed that
was correct. Mr. Garthwaite added it was 24 feet from the side of
the house to the side line, and half of that is to be covered with an
aluminum carport, and that out to the lot line easement, it is 12
feet and out to the road about 26 feet. Mr. Garthwaite then stated
the side lot requirement set back is 25 feet, and Mrs. Martin said
you could put any amount of cement there within the 25 feet, but
when a roof is added, it affects the 25 feet necessary for that side
corner. Mr. Garthwaite read from Zoning under Single Family and
Duplexes in R-4, that the side yard set back on corner lots is 25
feet; that front set backs are supposed to be 40; that side set backs
on an interior lot is 10 feet; that on Mrs. Callahan's lot, between
her property and her neighbor's there must be 10 feet. He also stated
Mrs. Callahan must be 25 feet from the lot line as she is on the corner.
Mr. Savini stated from what he can see it was non-conforming to begin
with and quite a discussion ensued as to the great amount of variances
given when this sub-division was first developed. Mr. Hardester and
Mr. Lisowski, neighbors of Mrs. Callahan, stated they had gone to the
Building Official and were told 3 feet was all that is necessary, but
Mr. Newell stated he thinks it is incorrect to count from the roadway;
that the Board has previously been counting from the lot lines, not
from the street, as to set backs. An in-depth discussion followed
regarding the side set backs and Mr. Wolfe, surveyor, was asked to
speak and declared it seems Mrs. Callahan needs a 12 foot variance,
not a 3 foot variance. Mr. Garthwaite then said the Board does have
a problem of non-conformance in Pelican Cove West. Councilman Asting
stated there is ample room there between the slab and the road, and
all the applicant wants is permission to build a roof with four posts.
Mr. Garthwaite then said the Board has to get the amount of variance
straightened out, that it is not 3 feet but 12 feet. Mrs. Solomon,
Niece of Mrs. Callahan, stated the amount of variance was not inten-
tionally misrepresented; that Mrs. Callahan would not come in and ask
for 3 feet when what she really needs is 12 feet and the Board said
no, they understood that was not the case. Mr. Newell added if 3 feet
is given and a permit is issued it will be illegal, so that we are
going to have to give more than the 3 feet. Mrs. Martin stated that
although it was advertised at 3 feet, it can be legally changed as
this has been done before. Mr. Garthwaite then moved we grant the
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12 foot variance to Mrs. Callahan, seconded by Mr. Wolfe. Mr.
Garthwaite then withdrew his original motion; Mr. Wolfe withdrew
his original second, and Mr. Garthwaite moved the Board first
waive the five questions, seconded by Mr. Savini. Motion CARRIED
5-0, Mrs. Murphy abstaining. Mr. Garthwaite then moved we grant
the variance of.twelve feet to Mrs. Callahan, seconded by
Mr. Wolfe. Motion CARRIED 6-0.
There was an intermission of four minutes, the chairman resuming
the meeting at 8:25 p.m., stating we would now go on to the next
case.
BERNADINE O. DURLEY, seeking a 12 foot variance to enlarge patio
and enclose same as a screened room at 309 Sea Gull Court, Pelican
Cove West Phase 1. Mrs. Durley stated she had been told as long as
she had a 12 foot wide patio she could go ahead and screen it, but
her patio is only six foot wide and she would like to enlarge it,
as the neighbors on both sides already have a 12 foot patio. The
Board agreed this is similar to other cases brought before the Board
previously, and after discussion, Mr. Newell moved the Board bypass
the Criteria, seconded by Mr. Savini. Motion CARRIED 5-0, Mrs.
Murphy abstaining. Mr. Wolfe moved the 12 foot variance be granted
to Mrs. Durley, seconded by Mr. Newell. Motion CARRIED 6-0.
Mrs. Martin then turned to Miscellaneous.
RICHARD MORAN - RESIGNATION. Mrs. Martin asked the Board if they had
read the requests for nominations due to Mr. Moran's resignation,
and they said they had. Mrs.Murphy stated she would like to go
on record as saying she questioned if it was the Board's prerogative
to nominate people and believes it is the function of the City Council.
Mr. Garthwaite stated it will be, but the Board recommends to Council
and Council has the final say. Mrs. Martin added the Board is just
recommending, not passing on it; it has to be approved by City Council.
After discussion, the Board unanimously agreed there are no nominations
and the secretary was instructed to so inform City Council.
There being no further business, Mr. Newell moved the meeting be
adjourned, seconded by Mr. Savini. The meeting then adjourned at
8:50 p.m.
Minutes submitted by
Dorothy C. Garrity
Board of Adjustments Minutes
of May 14, 1987 Meeting
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