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02-11-1988 ,.. /" o o ~ (J I;';;; CITY OF EDGEWATER BOARD OF ADJUSTMENT February 11, 1988 7:00 p.m. City Hall MINUTES 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. in the Conference Room of City Hall. Members present were: Jimmie Newell, Ray Savini, Louise Martin and Sue Glover. Robert Garthwaite was, :excused and Robert Wolfe was absent. APPROVAL OF MINUTES Mrs. Martin asked for approval of minutes of the January 14, 1988 meeting but Mr. Newell asked if he could interrupt as to the minutes at page four, where Mrs. Martin had stated any further requests for a closed-in Florida room will have to be referred to Council as the Board has no jurisdiction over that. Mr. Newell asked where this opinion came from and Mrs. Martin replied it came about because Council gave over-all approval to finish the slabs; the Board cannot approve a closed-in room but Council can. Mr. Newell stated he thought that was just for a certain case, but Mrs. Martin stated it was for all cases, that the Board can approve screens but the closed-in areas need to go to Council. Mr. Newell said he would like a record of that, but Mrs. Martin stated the Board went through that before; the secretary had gone through all the records; Attorney Alvarez said the Board can only approve a three-sided screen room; that anything else requested has to go to Council. Mrs. Martin said it is only in writing, and affects just that one area, as 85% of the territory was filled with screened rooms, glassed-in rooms, right up to lot lines, or two feet from lot lines, etc. Mrs. Martin asked if there were any other discussions, and Mr. Savini moved the minutes be accepted, seconded by Mrs. Glover. Motion CARRIED 4-0. OLD BUSINESS The Chairman announced there was no Old Business and the Board would continue to New Business. NEW BUSINESS MR. & MRS. EMIL WEILER, Requesting a six foot variance to the rear setback in order to construct an 8'x15' enclosed porch at 403 Shangri La Circle. Mrs. Weiler was sworn in and informed the Board she and her husband had purchased the "Example" home in 1984 and one of. the objectors to this action said they knew of the variance before they built, but Mrs. Weiler said this is not true. Mrs. Weiler continued they assumed the slab leading from their dining area could be closed in or screened in and when they asked, they were told they could, but there was not enough room. Mrs. Weiler then asked to build in .the back; that the variance was given and then rescinded. Mrs. Weiler also stated they were new in the area and did not want to start any trouble so they did nothing further at that time. Mr. Weiler also said they do not believe they are asking for any special privileges because all the other dogwood type homes have that privilege, that it is not going to be a detriment to anyone. Quite a discussion followed as to exactly where the patio is to be built and discussion continued with Mrs. Glover saying she had visited the site and the back is all open and will not a~fect anyone. Mr. Savini stated he visited the site and stood where the markers were and there wasn't one inch difference in what is already built there. A discussion followed as to a long distance telephone call to the secretary by a next door neighbor, Mr. Jawroski, who did not object to this action as long as it did not obstruct his bedroom window. Mrs. Weiler said his window will definitely not be obstructed. ~ \ . <) o Mrs. Weiler gave the names of neighbors who are not against the granting of this variance, and Mr. Weiler asked if any of the neighbors who are going to be affected have any say at all and the secretary explained she had contacted all the neighbors and they do: have a right to speak. Mr. Donald Fazzone of 302 Paradise Lane, asked to speak. He stated what he is going to say is about the law, and is speaking against this action. Mr. Fazzone presented a scale drawing of the lots, 38xllO, as laid out in 1984. Mr. Fazzone went on to explain this case was heard more than three years ago and was denied on the basis it did not meet the criteria and nothing has changed since then to grant the variance. Mr. Fazzone also read from a letter dated December 13, 1984, from City Attorney Jose' Alvarez, which stated: lilt appears from the minutes that the Board gave due consideration to the variance request as it is required by the Code to do so, and in doing so the Board found the, request did not meet all the criteria entitling the applicants to the variance. Further discussion resulted in an oversite of an earlier determination at the meeting, and the motion to grant the variance was made, not on the basis of meeting all the criteria of the Code in Section 904.01, but rather on the basis it would be a desirable thing to do, and it is not detri- mental to the general area. But unfortunately it does not meet the criteria for granting a variance and on that basis the variance must be denied." Mr. Fazzone continued that the granting of this variance would be in direct violation of Sections 603.01, zoning for R-4, Multi-family homes that are duplexes; that the maximum building coverage is 35% of the total lot area; the actual lot size at 403 Shangri La Circle is 35x110 feet and the most you can get on that lot is 1,463 square feet. Mr. Fazzone also said Mr. and Mrs. Weiler's home is 1,421 square feet, and if a 8x15 foot enclosed glassed room is built there, that will be adding another 120 more square feet, totalling 1,541; that the allowable coverage is only 1,463, a difference of 78 square feet. Mr. Fazzone stated the R-4 section was changed to 25 foot setbacks, so this house does not conform to the present R-4 code but that does not make it illegal, as it was constructed on 20 foot setbacks then in existence. Quite a discussion followed as to nonconforming lots, and Mrs. Martin then stated Section 400 of the City Code, taken from a letter written by City Attorney Jose' Alvarez says: "The City Code spells out specifically three types of nonconformance: (a) Lots, (b) Use of land and structures and (c) Structures. Typically, these nonconformities are found in cases of future amendments to the ordinances which changed zoning districts, their characters or official zoning map. As in this case, a change in the text of the ordinance involving set backs does not necessarily create a nonconforming use of lots, land or structure. The Board still has the option to hear a setback variance if all other prerequisites are present." Mrs. Martin said this is not a nonconforming lot; that the only reason it did not pass was disagreement on one phase of the criteria; it had nothing to do with the structure, the lot, or anything, as it is not a nonconforming area, according to Mr. Alvarez in this memo to the Board of Adjustments in September of 1984. Mrs. Martin added we have to hear the request for a setback variance as long as everything is presented properly. Mr. Fazzone still read excerpts from Section 400..02, nonconforming uses, saying he still believes it is a nonconforming lot. Mrs. Martin continued the Board is going by the letter from City Attorney Jose' Alvarez, land if one member says no on one part of the criteria, it will not pass. Mrs. Glover then asked Mr. Fazzone why he is objecting to this; that she looked at it from !-1r. 'Faz zone's viewpoint and cannot see anything objective. Mr. Fazzone answered that is a very legitimate question; that Shangri La . Village is a very nice subdivision and was laid out nice, the streets and the sewers; and in 1984 it rained and rained and in Shangri La there was three and one-half feet of water. Mr. Fazzone went on to explain just what happened and believes any variances granted would obstruct this even more. Mr. Newell said he believes Mr. Fazzone is wrong, as he has been there and if the Weilers put this patio in it will line up with the rest of the neighbors, to which thought'Mrs. ,Glover-agreed. Mr. Fazzone said again he still believes it 0ill take up ground room for water. Mr. Fazzone continued the Dogwood homes were made for patios on the side. Mr. Fazzone then stated he believes this variance should be denied as it does not meet the five criteria. -2- Board of Adjustments Minutes of February 11, 1988 Meeting. pr . o o Mr. William Ihrig of 408 in Shangri La stated he has pictures of many shed throughout the village which are not as attractive as the patio these people want to put in. He also stated the--man::-iiext:door at 414 has a side screened in porch which is only six feet from the property line. Mr. Robert Messinger of 410, stated these people should be allowed to put this room up as it is not hurting anyone. Mr. Messinger said he has put up a wall and has a patio out back. Mr. Krusenclaus stated he lived right behind the Weilers on Paradise Lane and wondered how many of these variances can be installed in Shangri La. He stated he moved in there because they were a close- knit group of retirees and believes this is only the first - there will be more to corne, and what will the new people corning in do? Mrs. Martin stated the only foul up is when people put things up and don't ask for permits or variances. A discussion continued as to the additions, etc. going on, perhaps without permits. A Mr. Clyde Kleeseof 413 Shangri La said he would like to see them get what they want but wondered if it wouldn't set a precedent, as anyone could get one now. Mrs. Martin replied no, each case is different; that many were put in there without permits. Several more neighbors then spoke in favor of the Weilers getting this variance. A discussion followed on lot coverage until Mr. Newell moved this be tabled until February 18th at 7:00 o'clock, seconded by Mr. Savini. Motion CARRIED 4-0. MISCELLANEOUS Mrs. Martin announced anyone wishing to serve on the new Agency being formed please submit a letter to Sue Koser, Executive Secretary, stating the new Agency will be composed of the Board of Adjustments and Planning and Zoning Board into this new Agency. There being no further business before the Board, Mr. Savini moved the meeting adjourn, seconded by Mrs. Glover. The meeting adjourned at 8:30 p.m. Minutes respectfully submitted by Dorothy C. Garrity, Secretary Board of Adjustments Minutes of February 11th, 1988 Meeting. -3-