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04-02-1974 .. " I" \ CITY OF EDGEWATER '-' ZONING & PLANNING BOARD o APril 2, 1974 PRESENT: JOHN BRITTINGHAM WILLIAM GLASER L.E. HARRIS THOMAS LOVELAND JAMES MACKIE RAYMOJlJl) SHAMBORA ROBERT WOLFE LATE: DAVID McCALLISTER WILLIAM NICHOLS ABSENT: DAVID WIGGINS (EXCUSED) ALSO ATTENDING: JOE WEAVER, SUE BLACKWELL, JOHN BEVEL, MRS. MACKIE READING MINUTES: Board members read minutes from Mar 19, 1974 meeting. Motion made by Mr. Harris to accept minutes as written, second made by !vIr Mackie. Motion carried 7-0. Correspondence: Let.ter was read from Magnuson Corp. asking for "Grandfather Clause'; of 40' lot purchasers in l?la. Shores Commercial area. List of these purchasers was attached. Question was asked whether dates of purchase was included. No dates listed. Question was asked if lots were purchased prior to annexation by City should they then be "grandfathered in". Mrs. Black~ well checked Ordinance requiring 50' lots for Commercial use. urdinance dated 1959. Subdivision was annexed in 1959. Mr. Weaver stated that "grandfathering in" might not be best solution as these ovmers could still ask for a variance to use property if surrounding property were not available to comply with 50' requirement. Secretary was directed to write letter to City Council asking to have Attorney look into this' matter and advise the Board of action to take. Letter was read from Harold Robinson requesting permission and advice concerning hooking up to water & sewer on back portion of property lots 24, 25, 26, 27, & south 10' of lots 23 & 28, Block B, Highland Shores, Sec. 2. He wants to con- vert a garage into an apartment. There was some question as to whether the property was zoned for this purpose. Motion was made by Mr. Harris to have party have plans drawn up with details and present them to this Board for consideration. A question was brought up concerning expense to requestor if in fact the zoning would not permit this use. Mr Loveland stated that since the property was in his area he would be glad to talk to ovmer and determine if property was in the area now zoned for this use or not and advise owner as to action then available. Chairman Wolfe directed Mr Loveland to look into matter and advise owner as necessary. A building permit request from Alton E. Fontaine for a Commer- cial building at Industrial.& Eaton Road was read. Request indicated that Mr. Fontaine would do the Plumbing & carpentry work. There was a question as to whether this was permiSSible on a commercial building. Mr. Wolfe stated that the existing zoning map indicated that fuhis area was zoned residential. A question arose concerning Steel wall construction not being allowed under the existing Ordinance 219. which calls for cement block construction of commercial buildings. It was pointed out that these buildings meet the Southern Standard Building Code ( prefabricated types available) and another question was brought up whether this building was one of this type or not. Mr. Brittingham stated that he understood that the building would be of frame construction with steel panel attached to outside. Mr Harris stated that the building " ....-.. Q (Page 2) o Continued: would have to meet the Southern Standard Building Code. Mr. Wolfe stated that this area would be considered for "light industrial use" under the upcoming Land use Map. Ivlr Weaver read the description of industrial uses for light industrial and heavy industrial. Motion was made by Mr. McCallister to have City Clerk contact Mr. li'ontaine by mail and inform him that he will have to apply for a zoning change and public hearing will be necessary before this building permit request can be considered by Board. Motion was seconded by Mr. Nichols. Mr. Wolfe said that for general information it should be included that this Board will hold a public hearing in the very near future for the new Land Dse Map and that this area will be considered for light industrial use. Vote taken and motion carried 9-0. Reg. Business: Proposed new code book was read by Mr. Weaver concerning the Business uses. A description was read of a requirement for a Buffer Zone. This buffer will require a fence of various noted descriptions. Also changes to new code as folloews: B-1. Central business district. Delete night clubs & taverns. B-2. Neighborhood business. B-3. llighway business service. Add Drive-in ~heatre. B-4. 'l'ourist business district. Add l!'ish Camps, & Boat Ramps. B-5. .Planned Shopping Center.. Add night clubs. Mr Brittingham asked why Boar wanted all these changes, why not leave zoning as is~ Mr. Weaver pointed out that this is function of Zoning Board. fAr Mackie said that this is problem that City faces now and that we do in fact need to dictate what the City wants and that our function is alsu to plan for the City. Chairman Wolfe said that if the Board doesn't make Land Use Map that the Stat will and then we won't have any choice in the matter. Continuation of new code book: Light Industrial. Kink, Open Storage for non-combustible materials. 1-2. Heavy Industrial. I-3. Industrial Park. Add skating ( I~l). Storage of combustible materials permitted~ Another Class for future discussion: RR-PUD Mr. Brittingham asked that people from Maule Industries be invited to special meeting to discuss pOSSible uses of their property. Date to be tentative at this time. Members to be notified when definite. firs Blackwell informed Board members that fufue May meeting would have to be on the 14th so that members belonging to the Fire Dep't could attend the Fire College from Thmy 6-10. There being no further business to discuss a motion to adjourn was made by Mr. Mackie and second made by Mr. Brittingham. Meeting adjourned at 9:55PM. All in favor. Respectfully su~~i~ted,~ 12~.r/J(~ ~~o~d G: Shambora, Secretary ;- o o THE ZONING AND PLANNING BOARD REGULAR MEETING HELD APRIL 2, 1974 The Regular Meeting of the Zoning & Planning Board was called to order by Chairman Robert Wolfe, Tuesday April 2, 1974. ROLL CALL John Brittingham William Glaser L. E. Harris Thomas Loveland James Mackie, Jr. David Mc Callister William Nichols Raymond Shambora David L. Wiggins Robert Wolfe Present Present Present Present Present Absent - Present Absent - Present Present Absent Present APPROVAL OF MINUTES Mr. Harris made a motion to accept the minutes of March 19, 1974 as typed being seconded by Mr. Mackie. All members in favor. COMMUNICATIONS The secretary of the board, Raymond Shambora read a letter ~ addressed to City Attorney Weaver, from the Magnusum Corp. ~~mm~()~dd~~~+'D co n c ern i n g) F lor i d aSh 0 res. He s tat e d t hat the 1 a c k 0 f con sid era t ion O~)V<..Dl11" ':7 . h . d h 1d . t Pore f=1,q . c>rt"~ top rl 0 r pur cas e r s was an 0 ve r s , tea n e \'10 U a p pre c , a e the boards assistance in drafting something legally to protect the investment of the purchasers. He enclosed a list of purchasers with lot numbers and legal discription of these lots. Chairman Mr. Wolfe stated that this is basicly what we wanted from them so that we will know where these lots are and who the purchasers are so that this can go on City records. Mr. Wolfe stated that the board should send the letter to the City Council advising the City to have the attorney look into this xoning more. Mr. Mc Callister suggested that if a man has three 401 lots and he comes in for one 401 lot, he can not seperate it and get away withit., he can1t make three businesses out of it. This should be in writing. Mr. Wolfe explained that commercial lots were sold in 40 foot lbts. The residential lots, you had to buy two lots, or more. Should we grandfather those in that have been sold now, or if these lots were sold before it was come into the City, prior to being annexed, then they are grandfathered. City Attorney stated that if there are two people or three people each having individu.l 40 foot lot, they will have to request a variance. There are a lot of people that are going to be asking for variances in the next couple of years. They are going to have to be handled on an indwvidual basis. The secretary read a letter from Mrs. Robinson requesting permission and advice in hooking up to water and sewer on the back portion of his property. He said that he would like to make his garage into an apartment. -1- (..) o The City Clerk stated that the home is on Riverside Drive and she would like to put an apartment over the garage which is back far enough that it faces on Bigalow Street. ~\M c Call i s t e r f1 r. (B r;-i.t~t-i n g-h-a m J s tat e d t hat t his lot i s be h i n d R - 1 Z 0 n i n g which would be R-2. Actually in all fairness she ~ should be allowed to go ahead and ~jii~ build this apartment. She is within her legal rights and he stated that the board has no choice bet to permit it. Mr. Wolfe stated that then again that she is not in her legai rights because we ahve a moritoium over the City to cover things like this from happening. Mr. Harris stated that someone should go down there and look this particular situation over. Mr. Mackie suggested that Mrs. Robinson send into this board a p 1 a n for \'1 hat she i n ten d s to do, and the n we f w i.l 1 pas son accordingly. We have to follow the old rules and regulations until the new ones are passed. Mr. Loveland asked that if this garage is partually on the upland lot of Riverside Drive the answer would be absolutely no she can not build ana apartment, because it would fall into R-l classification, but if the lot is in BG back of the,upland lot it would at present fall into the zoning that would permit it. Mr. Wolfe stated that that was correct. Mr. Loveland asked if he had the authority to go and see this party and tell them about this zoning. Mr. Wolfe stated that before ~r. Loveland does this that he would suggest that we get somone, and engineer, to survey and show where that garage apartment is,legally. He stated that Mr. Loveland can go and talk~ to this woman and tell her2 that if the garage is on the upland lot it would be impossible, but if she is sure that it is EA not, and she can prove it by a servey then she should start the proceedures for a building permit. ' Mr. Wolfe read a building permit for Industrial and Eaton Road Fuller Subdivision. This is a warehouse. These metal buildings do meet the code. Ri9ht now the zmning is residential and our proposal is for light business. There was much discussion on this buildin9. Mr. Loveland stated that he would like to table this matter until we get this zoning map finished. \ \ Mr. Mc Callister made a motion that the board ~ave the City Clerk contact this gentleman, informing him that he will have to apply for a zoning change 'and public hearing on this matter before a building permit requ~st will be considered, for general information the public hearing will be held in the near future for possible change of this area, motion being seconded by William Nichols. All members in favor. -2- II IJ o o Mr. Loveland stated that he felt that we need more clarification on this building that this man is going to build. We don't know what he is going to use this building for. We can enlighten him as to what the restrictions are for 1-1 as far as storage and if he knows from that that he can1t put in any explosives or anything of this nature, if he does then he is in violation. If he applies for a variance or changes in zoning at that time he is going to have to come forth with what he wants to use it for. The Board then discussed the new zoning proposals. These changes will be presented at a public hearing. Mr. Wolfe stated that a gentleman wants to put an A frame type roof on his existing house. As long as he stays within 25 fiet being th~ height. what can we do to stop him. Mr. Wolfe stated that we should advise him that he needs a public hearing to discuss this matter. Mr. Mackie made a motion to adjourn this meeting being seconded. All members in favor. - -3-