08-13-1987
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS
August 13, 1987 7:00 p.m.
CITY HALL
MINUTES
CALL TO ORDER
The meeting of the Board of Adjustments was called to order by the
Chairman, Louise Martin, at 7:00 p.m. in the Conference Room of
City Hall.
ROLL CALL
Members present were: Virginia Lawson, Ray Savini, Robert Wolfe,
Robert Garthwaite, Louise Martin. Jimmie Newell was excused. Mrs.
Martin then introduced the new member, Virginia Lawson, to the Board.
Also present were Mr. and Mrs. Wright, representing applicants Mr. and
Mrs. Donald Van Dusen and Mr. and Mrs. Paul J. Pasquette, applicants.
APPROVAL OF MINUTES
Mr. Garthwaite moved the minutes of July 9, 1987 be approved, seconded
by Mr. Savini. Motion CARRIED 4-0.
NEW BUSINESS
DONALD AND JEAN VAN DUSEN, requesting a six foot variance to enlarge a
patio and enclose same as a screened room at 317 Sea Gull Court, Pelican
Cove West, Phase I. Mrs. Martin asked Mr. and Mrs. Van Dusen's rep-
resentative to introduce herself and she stated she is Sherree Wright,
P.O. Box 361 New Smyrna Beach. Mrs. Wright was sworn in along with Mr.
Wright, and stated they ~re the contractors to build the patio screen
room. Mrs. Martin asked for discussion by the Board and Mr. Garthwaite
stated the City had said these patios could be covered with a screened
porch, and Mrs. Martin added Mr. and Mrs. Van Dusen also wanted to add
glass and was told they could not do that. Mrs. Wright stated there is
a glassed-in room just two doors away, although the people had just
received a variance for a screened room only. A discussion then followed
by the Board as to screened porches only being allowed, and Mr. Garthwaite
stated the only variance given was for a screened room, and if the Code
Enforcement Board receives a complaint, the people will have to go before
the Code Board. Mr. Garthwaite then asked if the existing patio was
12 x 18, and Mr. Wright answered yes. Pictures were passed around of
the Van Dusen's property and neighboring homes for the Board to view.
After discussion, Mr. Garthwaite moved the Board waive the five criteria,
seconded by Mr. Wolfe. Motion CARRIED 5-0. Mr. Garthwaite also stated
the only variances given in Pelican Cove West phase I were for screened
rooms and carports for two homes. A discussion continued as to screened
rooms, with Mr. Garthwaite adding there is no restriction as to what you
can put in, but definitely no glass, whether it is air conditioned or
not, there can be no glass. Mr. Savini said the biggest thing the Board
has here is that the applicants want to add two more feet, and Mr.
Garthwaite said he could see why they want more space, but the City
did say cover existing patio, and that is it. Mr. Garthwaite then
moved we grant the variance request, but not the extra two feet; in
other words, the patio will be l8x12, for a screened room only, not
to be enclosed with glass. The motion was seconded by Mr. Savini and
CARRIED 5-0.
PAUL J. and GEORGIA J. PAQUETTE, requesting a five foot variance in order
to erect a two car garage and turn around, at 114 East Turgot Avenue. Mr.
Garthwaite asked if he could speak before discussion started in this case
and the Chairman gave permission. Mr. Garthwaite then stated the Lot the
Board is going to be discussing is non conforming; that the side set back
is ten (10%) percent, that the occupants are asking for five feet. Mr.
Wolfe added yes, that is what he doesn't ~nderstand~ why t~ey ~re
coming here. Mr. Garthwiate repeated the Board is talking about non-
conforming lots of r~cord, and if you look through the Code Book it
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states~:that all new dwellings placed upon such lots shall be placed in
accordance "with the following requirements when adjacent dwellings
have existed and have been listed on the tax rolls before July, 1974;".
Mr. Garthwaite then continued that w~en you get down to the side setbacks,
it states: "The side setbacks shall~<t,~ less than five (5) feet."; that
you don't count driveways; all you are looking for is the main building.
Mr. Garthwaite asked the Board if he was reading this wrong and Mr. Wolfe
said no, he thinks Mr, Garthwaite is reading it right and Mr. Wolfe's
first thought was why these people are even applying. Mrs. Martin asked
if Mr. Fischer wasn't reviewing all these and the secretary said yes,
he is now; that it was being handled by the Planning and Zoning Department
but has been turned over to Mr. Fischer. Mrs. Martin then asked if the
Variance was really needed, and the Board agreed they should act on it
and have it go on record. Mr. Garthwaite then moved the Board, while
reviewing the Code Book, found there was no need for a Variance request
due to the fact it is a non conforming lot of record prior to 1974 and
falls under non conformance, Section 400.01 of the Zoning Code. Mr.
Garthwaite also added that speaking of non conforming lots of record, it
is ten percent of the width of the lot, except it shall not be less than
five feet; that there was no need for them to have a Variance. Mrs.
Martin agreed and the motion was seconded by Mr. Wolfe and CARRIED 5-0.
The secretary was then advised to send a memo to the Building Official
with these findings, and to inquire about securing the money paid for
the Variance for the Pasquettes. Mr. Garthwaite added if Mr. Fischer
believes the Board is incorrect, he will advise the secretary and perhaps
the Board will have to meet again.
Mrs. Lawson, the new member, asked several questions of the Board as to
correct proceduresto follow when looking at property of the applicants.
The Board members told her to introduce herself and then inspect the
property.
Mrs. Martin then turned to MISCELLANEOUS, Review of applicant to fill
vacancies on the Board, and asked the Board to review the application
of Mrs. Sadie "Sue" Glover, and after discussion, Mr. Garthwaite moved
Mrs. Glover's name be sent to Council for approval, seconded by Mr. Savini.
Motion CARRIED 5-0.
There being n0 further_business before the 'Board, Mr. Savini moved the
Board adjourn, seconded by Mr. Wolfe. The meeting then adjourned at
7:44 p.m.
Minutes submitted by
Dorothy C. Garrity
Board of Adjustments Minutes
of August 13, 1987 Meeting.
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