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02-18-1988 Special .. u 9 (2 CITY OFEDGEWATER BOARD OF ADJUSTMENTS February 18, 1988 7:00 p.m. SPECIAL MEETING MINUTES The meeting of the Board of Adjustments was called to order by the Chairman, Mrs. Louise Martin, in the City Hall of the City of Edgewater at 7:00 p.m. The Chairman announced the meeting is a continuance of the meeting of February 11, 1988, regarding application of Mr. and Mrs. Emil Weiler. She continued some things have changed according to the survey; the footage in the back is 20.54, which means the variance would have to be about eight feet, and Mr. Garthwaite said it is an odd shaped lot and toward the end becomes about 22 feet. Mr. Garthwaite then stated this has come before us before, perhaps not this piece of proper~but other variances in Shangri La and we turned them down, with reason, and he could not understand why it has come up again. Mrs. Martin answered someone wanted to review the property again. She then asked if there were any questions, and Mr. Newell said he was a little surprised we came up with less property than we already had last week. A discussion continued as to happenings of the meeting in 1984 involving the Weilers. Mrs. Weiler stated on August 16, 1984, they had been granted the variance and on October 24th Mr. Fazzone wrote to the Committee and one of the things he said was to protest the granting of the variances. Mr. Garthwaite said he was Chairman at the time and when that meeting was held, it was unfortunately an upsetting meeting; they had gone through the five criteria for granting a variance, some were voted "no", which is an automatic rejection of the request. He continued that for some reason after voting "no", they went ahead and voted again as a motion and granted the variance, a mistake by the Board which had to be corrected. Mrs. Martin stated there must be a majority vote of "yes" or it wi~l not pass. Mr. Garthwaite said at that point in time, Mr. Coleman started building on what he would call three lots instead of two, in order to have enough space to put in screened porches or Florida rooms. Mrs. Martin said the memo from the City Attorney, received after that situation, reiterates what Mr. Garthwaite is saying about the fact we did not meet all the criteria to entitle the applicants to the variance, and that is why they had to be called back. Mrs. Martin also continued whether it is a variance or a spectial exception, the criteria has to be strictly adhered to; the motion should haver have been made to grant and that is why it is called back. A member of the audience, Mr. ,Ferguson, asked what the criteria is in the City Ordinance and Mrs. Martin explained there are five parts to it that have to be agreed upon and just one "no" will cancel it. Mr. Garthwaite said it concerns the set back between the building wall and the lot line; it has to be so many feet. Mr. Ferguson then asked how many feet it has to be and Mr. Garthwaite said at that time Shangri La had to be 20 feet and it is now 25 feet. 'A discussion then continued as to the exact number of feet concerned in the Weiler property. Mr. Ferguson said the house next door is under 20 feet and the whole line of houses are setting on a different variance from the property line right now. Mrs. Martin said it must be 20 feet or more. Mr. Ferguson said he believes the Weiler's will be an upgrade of the property, not a downgrade. Mrs. Martin stated when a house is being built, the builder has to abide by the front, side and rear setbacks. Mr. Garthwaite stated a variance is very hard to get, there has to be some reason for a variance; the fact the property is ,small and the house set in such a way you do not have enough room, really is not a reason. Mr. Garthwaite continued, if this Board would grant a variance to everyone who would ask for one, we would then have a mess such as Pelican Cove West is at the present time. Mr. Ferguson said he has never seen a situation where a contractor can come in and actually build haphazardly; never pulled first inspections on it; didn't have full inspections on buildings, sewers, roadways, etc. Mr. Garthwaite said the Board iS,not the Building Department, they are volunteers and are not employees of the City. He also added the Board has nothing to do with the Building Department, what their inspections are or what the City does about inspections. The Board's only job is o Q to hear disputes, differences between the citizens and the Building Official, boundary lines, variances and special exceptions and that is what the Board is trying to do tonight. Mrs. Weiler said she thinks they do have a hardsh.ip, as when it comes down to selling their property, they will have a problem without a Florida room. Mr. Garthwaite said yes, it is a hardship when you cannot do what you want to do and what you are still requesting is to build on the back. Mrs. Weiler said they cannot build on the side, / where they had hoped to, as the existing slab is there and when they asked if the back window from the back bedroom could be opened with a sliding door and a patio there, that is what they are asking for. Mr. Garthwaite said he does not know all the setbacks in Shangri La; they should all'be 20 feet or more but not less and if some are less, that is something beyond the Board's control. Mrs. Glover said it was brought out at the last meeting these lots are not square, so if the back line is running like that, then the front line is, and that would normally set these buildings further back, as the lots are running at an angle. A discussion continued as to what can be done in Shangri, La as far as 'building against the code and Mr. Garthwaite said Shangri 'La Village, is a subdivision with R-4 zoning; there are many R-4 zones in the City and if you start going into these setbacks you are going to be doing it all over the City. 'Mr. Fazzone, of 302 Paradise Lane, stated he wanted to emphasize it is a precedent that would be set in the R-4 zone and he read the violations f~om his letter wherein codes were violated; that big homes were being built on small lots; that patios are supposed to be built on the side. He continued in 1984 two people, including the Weilers, wanted to enclose the porch and were denied on the basis of the criteria; nothing has changed in the last three and one-half years. Mrs. Martin then asked how many in the room have side patios 'and several hands were raised. Mr. Eric, of 408 Village Court, stated he bought the last house in Shangri La'and they have a large side lot but cannot add to the side because of the way the house is built. Mr. Van Baronschon stated Mr. Coleman, by his own admission, fouled up and sold something that should not have been built, and believed that would be a hardship. Mr. Garthwaite said when Mr. Coleman built those homes and developed ,the property, he did it legally and did not try to sell anyone a pig in the poke or anything else. Mr. Kramer, of 314 Shangri La~- stated he begged to differ, that Mr. Coleman sold everyone a bill of goods. A serious discussion followed on this subject, ending with Mr. Kramer asking the Chairman to please explain a variance, which she did. Mr. Kramer then said; the Board had really given serious cosideration to. granting thisv~riance or we would not be here,our second meeting. Mrs. Martin said no, what I did say was anyone can apply, we cannot deny an application to come before, our table and go through the procedure; she was not saying the Board denies or approves; they have to go through the procedure,wi~h all the members and get a majority vote. Mrs. Glover said the reason for this special meeting is some of the people did not under- stand the way the lot was laid out and Mrs. Martin said yes, plus the fact someone thought there were more extensions along the line already in there which would help us make a decision. Mrs. Eleanor Klee of 406 Shangri La stated they had it surveyed and so many were not in compliance with the chart. A lengthy discussion followed again as to granting variances into set backs into 'R-4 zones, and Mr. Garthwaite stated crowding on a lot is downgrading the property values; the Board is not here to pick sides; the Board has to go by the law of the City of Edgewater and.,if there is reason to find a variance should be granted, we will find it; if there are reasons to deny, we will deny it; it is not a pleasant or easy thing to do. Mrs. Martin said if'there is sufficient land to do a project a ,variance would not be needed; it is only when you want to t~ke a~vay from the zoning and cut down on the amount of space allowable to build a house that you have to come for a variance and it is up to the Board to decide one way or the other whether we should break into that 20 foot setback that was set up for all houses in the R-4 area. -2- u o Mrs. Martin repeated anyone can apply for a variance or a special exception and it is up to the Board majority to agree to it.that if the Board does not do it properly, as happened the last time, when the attorney reads it it will just be turned back to the Board, so a proper decision has to be made in a proper way. Mr. Garthwaite said as he explained, the last time we had this case there was a mistake and it never.should have gotten by the Board; we did deny it, allowed it to go through and vote again, which was picked up through the tapes and the Board secretary. Mrs. Martin then asked the Board to prepare to go through the criteria, and read from the five criteria, resulting in the Board denying the variance. There being no further business before the Board, Mr. Garthwaite moved the meeting be adjourned, seconded by Mr. Newell. The meeting then adjourned at 8:53 p.m. Minutes respectfully submitted by Dorothy C. Garrity, Secretary -3- Board of Adjustments Minutes of the February 11, 1988 Meeting.