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06-11-1987 6 ~\ u o CITY OF EDGEWATER BOARD OF ADJUSTMENTS June 11, 1987 7:00 p.m. CITY HALL MINUTES The meeting was called to order by the Chairman, Louise Martin, at 7:00 p.m. in the City Hall of Edgewater. , ROLL CALL Members present were: Jimmy Newell, Alice Murphy, Ray Savini, Louise Martin, Chairman. Robert Garthwaite was excused. Robert Wolfe was absent. APPROVAL OF MINUTES Mrs. Martin asked for approval of the minutes of the meeting of May 14, 1987. Mrs. Murphy asked if she could interrupt, and a discussion was held as to action taken in granting cases if the five criteria were not taken into consideration, as she believes had been done at the last meeting. Mrs. Murphy continued she wanted it known that she meant to vote no, as she couldn't go along with it. Mr. Newell then moved the minutes be accepted, and if there were words on the tape regarding last meeting which should be included, the words are to be added to the minutes. Motion seconded by Mrs. Murphy. The motion then CARRIED 3-1, Mr. Savini voting No. ~rs. Murphy still continued that if we could bypass the criteria, we could do it tonight and give the people their variance. Mrs. Martin stated no, that case last month had nothing to do with this case; that that area has been bogged down with problems since the builder started with it. Mrs. Martin stated that the ruling was made for the whole area of Pelican Cove West Phase I, and no other, and it shouldn't be brought up again. OLD BUSINESS Mrs. Mildred Lipscomb, 111 East Park Avenue. - Request for reopening case for review. Mrs. Martin stated Mrs. Lipscomb has new circum..:.;- -., stances involving this case and asked Mrs. Lipscomb to step forward. and be sworn, which was done. Mrs. Lipscomb then stated she had been before this Board previously in reference to ~ problem of a variance over her carport and state1 that at that particular time" she had been very ill and was not fully aware of what was goinq on. She continued she had consulted with the City and was told she would hear by letter, trot she contacted the City last month. In talking with the City, Mrs. Lipscomb stated, they suggested she corne back before the Board and bring up the point which was not taken into consideration at the last meeting.She continned there was one question on the variance check list that "strict application of provisions of this Ordinance would deprive the applicant of reasonable rights commonly applicable to other property owners in the same district", and also that "special circumstances and conditions do not result as the action of the applicant". Mrs. Lipscomb then went on to describe the special circumstances which exist on her property and do not exist anywhere else, as the water tower overflowing onto her property, and this point was not taken into consideration. Mrs. Lipscomb stated this was one of the reasons for construction of the carport. Mrs. Lipscomb also stated the person with her this evening gave clarification as to the condition existing, and that she had complained many times as to the water corning into her home from the water tower; that she had also called the police in the early morning hours. Mrs. Murphy asked if Mrs. Lipscomb had' ever been compensated by the City and Mrs. Lipscomb answered no, she had not been compensated as she had never asked for compensation. Mrs. Lipscomb added they believed that by putting up the carport, they would not have to roll up the windows in the heat 'I I t. o o L. of the summer; would not have to keep their doors closed; that there is no warning when this is going to o_verflow. Mrs. Lipscomb also said she is in the process of having awnings put up because of the water coming into her home. Mrs. Martin asked if this is an actual overflow or more like rain. Mrs. Lipscomb said no, this is- an overflow coming out of the side pipe of the water tower. Mrs. Murphy stated she could have her carport, but when the little workshop was built it was over coverage. Mrs. Lipscomb stated they were unaware they were going to be that much over. A discussion continued on this point, as to the building of the workshop and the contractor believing the permit for the carport was the workshop permit, which had been discussed at the last meeting. Mr. Newell then asked why, if the Board overlooked this particular item, why wasn't it brought to the Board's attention at that time. Mrs. Lipscomb repeated she was ill when she appeared at that time. Mrs. - Ann Starling ,__a neighbor, :stated she _ had be~n- present at the meeting when the variance was granted and then rescinded. Mrs. Murphy said it was when the Building Official stated the additions were in excess of coverage. Mrs. Lipscomb said nothing was ever said to her about the coverage being over thirty percent. Mrs. Lipscomb went on to explain that after she purchased the property, water from the wat~I: .tow~+ has blown in the side air vent of the little cottage in the back; has come in the ceiling, ruining the ceiling and the window fan that was in there. Mrs. Lipscomb also said there is a three inch pipe coming out of that tower and it extends about six feet; that when it is raining, the water comes out of that pipe and covers the cottage. Mrs. Lipscomb added if the wind is blowing it will come in' the house into any open windows and the carport now protects this. Mr. Savini suggested the City should be made known of this as to why it is overflowing and if it is a City problem it should be adjusted or repaired. Mr. Newell asked how often this occurs and Mrs. Lipscomb said every day for a week, and then maybe not for another three weeks. Mr. Newell then moved we table this until next month and until we have a written opinion from the City as to the problem with the water tower, seconded by Mr. Savini~ The Board then asked that the secretary write to the water department, asking them for a written opinion regarding the overflow of the water tower onto Mrs. Lipscomb's property. Motion CARRIED 4-0. The secretary was also asked to notify Mr. Dennis Fischer, Building Official, of the action taken on this case. Mr. Newell then said we are not saying the City must correct this; we want to have an understanding from them to protect us before we tell Mrs. Lipscomb to leave the workshop there. Mrs. Martin then explained to Mrs. Lipscomb that the Board will work on getting this solved and have the water department verify what is happening so that the Board can get down to business on this application. Mrs. Martin then read into the minutes a thank you note received by the Board complimenting them on the good work they have been doing. The Parliamentary ProGe9~res video film was then shown to the Board. Mrs. Martin then asked the Board members to try and attend the Council meeting when the Outdoor Display problem will be discussed and also asked the Board to think about anyone that may be interested in serving on the Board. There being no further business, Mr. Savini moved the meeting adjourn, seconded by Mr. Newell. The meeting then adjourned at 8:26 p.m. Minutes submitted by Dorothy C. Garrity -2- Board of Adjustments Minutes of June II, 1987 Meeting ~ U <J mity of iEllgewatrr POST OFFICE BOX 100 EDGEWATER, FLORIDA 32032 At a meeting of the Board of Adjustments held on the 11th day of June, 1987, it was moved and seconded that the following words be added to the original minutes: ESTELL CALLAHAN CASE: Mrs. Murphy asked if this was alright, and Mr. Garthwaite answered !'if we answer the' five questions, there is no way we can grant the variance" and Mrs. Murphy then stated she thought we could find justification. Mr. Garthwaite said you would really have to bend the rules; he would just as soon waive the five questions. Mrs. Martin then called for a roll call, with Mrs. Murphy stating she did not want to vote on this. BERNADINE O. DURLEY CASE: Mr. Newell then moved we waive the criteria, as if the Board went through them, they could not pass it, seconded by Mr. Savini. Motion CARRIED 5-0, Mrs. Murphy stating she did not want to vote on this.