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11-12-1987 .~ o Q o CITY OF EDGEWATER BOARD OF ADJUSTMENTS November 12, 1987 7:00 p.m. CITY HALL MINUTES CALL TO ORDER/ROLL CALL The meeting of the Board of Adjustments of the City of Edgewater was called to order by the Chairman, Louise A. Martin, at 7:00 p.m. Members present were: Jimmie o. Newell, Virginia Lawson, Ray Savini, Robert Garthwaite, Louise Martin, and Sue Glover. Robert Wolfe was absent. Also present was Mayor Earl D. Baugh. APPROVAL OF MINUTES Mr. Savini moved the minutes of October 8, 1987 be accepted, seconded by Mr. Garthwaite. Motion CARRIED 6-0. OLD BUSINESS There being no Old Business, the Chairman announced the Board would then go on to New Business. NEW BUSINESS WILLIAM BYRNE, Variance request to install windows on an existing screen room at 1009 Egret Court, R-4 Zone. Mr. William Byrne was sworn in. Mrs. Martin explained to the Board that Mr. Byrne is asking to install windows on an existing screen room, but after visiting the site, she stated there is no existing screen room, just 2x4's, but it was adver- tised as an existing screen room. Mr. Garthwaite stated he would like to say he doesn't see how the Board can give a variance to something like this; this is not a variance-type situation. He continued that screen rooms have been granted by the Council in Pelican Cove West on existing slabs, and although some have been closed in, due to a mistake by a city official, this gentleman has been informed he can do it, but the Board is at a point where Mr. Byrne cannot do it. Mr. Garthwaite said Mr. Byrne should not be before this Board seeking relief, even though he was told to come to this Board. Mr. Garthwaite continued it is a sad situation and he doesn't like saying this, but if the Board gives this man a variance they will have to do it allover. Mrs. Martin then stated she knows some people have illegally put up enclosed areas but that doesn't permit the Board to go further with other people, as the Council made the decision they would allow screen rooms only on already existing slabs. Mrs. Martin said they don't have to come to the Board for a variance, even though the screen rooms abut into the twenty foot setbacks, as Council gave blanket approval for screen rooms on existing slabs, but some people insisted on putting up glass, and that is against the Code. Mr. Newell said he thought this was between the people and the building inspector, not the Board and Mrs. Martin said yes, we cannot override the ordinance and she suggested Mr. Byrne be given back his application fee. Mr. Harol'd Hardester Jchen asked to speak and asked MayorO Earl D. Baugh, to give any information he has, since he was out there last week, and Mayor Baugh stated the only information he has on it is that the building to the west of this one has the same kind of room on it as Mr. Byrne is requesting, and that room was approved not long ago. Mrs. Martm said she realized this and went to the City Attorney about it; that screened rooms had been given approval by this Board but after approval, some people went to Mr. Fischer and requested glass and were given permission. Mrs. Martin continued the City Attorney then told Mr. Fischer and Mrs. Martin that only three-walled screen rooms are permitted, ~nd not to be enclosed in glass. Mr. Hardester then continued that on several occasions permission was given to Mr. Byrne to put the same type room that exists on the west side of his home, but Mrs. Martin stated Mr. Byrne had received a permit in August for a screened room but he then decided he wanted glass. .' Q o Mr. Fischer told him he could apply for a Variance, but he did not tell him he would get it. Mr. Hardester asked if Council has maintained that at no time can Mr. Byrne have a room like his neighbor, and Mrs. Martin answered we cannot do something because someone else has done it illegally before; we cannot ao ahead and allow evervone with a screened room to go ahead and enclose ~ith glass. - Mr. Clifford Radder of 712 Egret Court stated he believes a precedent has already been set with buildings already in place and he believes the ordinance better be changed to allow the people to have what they want. Mrs. Martin answered the people are already abutting into their twenty foot setback which the Board is allowing, but when you put in a solid structure into your setback, we cannot truthfully change the zoning. Mr. Hardester stated it doesn't seem fair from the peoples' standpoint, and if this is the way the building department is going to operate, he strongly urges a more competent building inspector. A discussion was held as to just what the people could do next and Mayor Baugh informed Mr. Hardester a petition to Council ,would have to be presented the Wednesday before the next Council meeting. Mrs. Martin stated as far as the Board is concerned, their hands are tied. Mr. Hardester then asked what could be done to correct the situation with the Building Department and Mrs. Martin said the Board will work on it. Mr. Garthwaite suggested a letter from this Board be sent. After discussion as to what steps the people may take, Mr. Garthwaite explained the people will have to go to Council, who may tell them to go before Planning and Zoning, put their request to them; that four time a year zoning changes come up. Mr. Garthwaite also suggested the Board should not act on this at all this evening, and Mr. Newell suggested it be tabled. Mr. Hardester then asked if his interpretation was correct, that Mr. Scherz is in violation with the room he has on there? Mrs. Martin said yes, the Board has approved a screened room but had no idea he had built solid, that this came to light with another case three months ago; that is when it was brought up and the Board had it straightened out through City Attorney Alvarez, Mr. Fischer and Mrs. Martin. Mr. Newell then asked again that this case be tabled, but Mr. Hardester asked the Board if the people go to Council would this be for Phase I, and Mrs. Martin said yes, Pelican Cove West. Mr. Garthwaite then seconded Mr. Newell's motion to table, and motion was CARRIED 6-0. After brief conversatillons by Mrs. Glover as to the same situations existing in the City of Naples ~l1d ~ayor Baugh describing a situation where a room had been enclosed on Riverside Drive and the man was told to tear it down, Mayor Baugh stated the only thing to be done here is to see if it was permitted, and if it wasn't, there is a problem, as Mr. Byrne was told he could build a room just like his neighbors. Mrs. Martin then stated we could go on to the next case and then discuss a letter to Council concerning this problem. GALLOWAY, MAE - Variance of 11.5 feet to build an.addition to an existing screen room on an existing concrete 'slabat 11 Laughing Gull, . R-4 Zone. Mr. Edward Martin, representing Mrs. Galloway, was sworn in and stated the existing screen room was already there when the house was purchased. A discussion followed as to the exact placement of this house on the property. Mr. Garthwaite suggested what we have here is a non- conformance and what we would be doing is adding to a non-conforming structure and (reading from the Code)" . no such non-conforming structure shall be enlarged or altered in any way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity." Mr. Garthwaite continued, it seems in this case, also, there is no way we can grant a variance on this, as we would be adding to a non-conformity. Mr. Garthwaite also said there is nothing in the zoning laws to say we have to grant a variance in Pelican Cove East unless we can identify a hardship. The Board discussed the idea of cutting it back down to.five foot beyond the back wall and Mr. Newell said he doesn'tthink that would help. Board of Adjustment Minutes of November 12, 1987 Meeting. -2- o o A discussion followed as to any way at all the screen room could be added without adding to the non-conformity, with Mayor Baugh asking if they just square off the house they would not be going into the property line, but the Board agreed it would still be a non-conforming house. Mr. Garthwaite explained the set backs, stating the side set- backs are no problem; it is in the rear that we run into the problem of increasing that portion. Mrs. Martin then asked the Board to turn to the five criteria at page 1644, and after voting on each criteria, Mrs. Martin announced the variance could not be granted, and Mr. Martin asked if the Board could grant a variance to the existing screen room in case the owners would ever want to sell. Mayor Baugh suggested they find who owned the property and when it was purchased, and the Board decided they should not enter into this problem. Mr. Garthwaite then moved the variance be denied, seconded by Mr. Savini. Motion CARRIED 6-0. Mr. Martin asked if Mrs. Galloway has any other course she would take and Mr. Garthwaite stated he could go to Circuit Court with it. A discussion followed as to whether any other variances had been granted in Pelican Cove East and the Board recalled just one case regarding a carpmtwhich had been turned down and another carport case involving the removal of a tree which was also turned down. The Board then turned to discussion of letters to be sent regarding problems in Pelican Cove West. Mr. Garthwaite suggested we send a memo to Council outlining these problems and attaching a copy of Mr. Byrne'~ letter with the memo. Mrs. Martin stated also numerous incidents have occurred where permits have been issued or advice given for variances which was not proper, annoyed the applicants and put the Board of Adjustments in a bad situation. Mrs. Martin also stated too often construction has started on the wrong setbacks, plus the fact that once we have given permission for screen rooms, there is no way the applicant can have glass. t1rs. Martin also added there are still things concerning glass rooms that the applicants should not be advised to apply for a variance, as we cannot grant them. Mr. Fischer has stated anyone can apply for a variance, but that does not say they are going to get it. Mr. Garthwaite asked if the Building Department is doing anything about replats, which had been requested by this Board. Mrs. Martin said she doesn't believe we have ever received an answer and the secretary was asked to send a memo to the Building Inspector seeking an answer, and Mr. Garthwaite also stated the Board would like to see what plans the Building Department have for verifying locations of residences. The Board also discussed the number of permits given for Florida rooms, and the secretary was asked to send a memo to the Building Inspector to supply the Board with the number of permits issued for Florida Rooms in the Pelican Cove West, Phase I, area. The Board also determined to go back in the minutes and find where permits were given for carports, etc. and the applicants went on to add sheds. This will be discussed at a future meeting. The Board also suggested perhaps Mr. Fischer could attend our meetings in the future when it seems necessary and the secretary said she would so inform Mr. Fischer. There being no further business before the Board, the meeting adjourned at 8:29 p.m. Minutes submitted by Dorothy C. Garrity, Secretary Board of Adjustments Minutes of November 12, 1987 Meeting -3-