08-06-1974
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PRESENT:
CITY OF EDGE~ATER~
ZONING & PLANNING BOA!ID
ABSENTz
Aug 6, 1974
WILLIAM GLASER
Ii. E. HARRIS
DAVID UcCALLISTER
JAUES PUCKIE
WILLIAM IH CHOLS
RAYMOIID SHAMDORA
DAVID WIGGINS
ROBERT WOLFE
JOHN BRITTINGHMJ (EXCUSED)
THOMAS LOVELAND (EXCUSED)
ALSO ATTENDING: JOE WEAVER, SUE BLACKWELL, HAROLD BRomI, DAN CORY, C.N. HAJ.1EL,
MR. & MRS. BUTLER, URS. MURPHY, PAUL LOEFFLER, RETA WEDBER
Chairman Wolfe informed Board that the Sign Ordinance was sent back by the
City Council for further study and that a Citizens Committee wanted to meet
with thevBoard at the next regular meeting concerning the Sign Ord. He also
said that since most of the business of this meeting uould be new business
and that many of those attending were here for that purpose that the order
of business would be changed so that new business would precede old business.
MIlfUTES: Minutes of the July 23, 1974 meeting were read by the Doard members
present. r~otion to accept as written made by Mr.fmrris, Second by ~r. Wiggins
Motion carried 8-0.
CORHESPONDENCE: 1.) Iletter read from East Central Florida Regional Planning
Council. llotice of August Quurterly ceetj.ng. Edsewater not member:::. llo
action taken by Board.
2.) Letter read from tayor Severance concerning action taken by Council on
requests nade by Board on : 1) Budget; 2) "Squaring of City Limits"; 3) Sign
Ordinance.
3.) Letter read from Leon w. Knock, Voluaia County Building Inepector for a
variance of setback requirements for a home on lot 22, Edgewater Itlghlands.
~roperty owned by Requested changes are from a rear requir-
ment of 20 feet to a proposed 5 feet, and from a front requirement of 30 feet
to a proposed 19 feet. i~ia home will be located on an existing 50 ft wide
lot and the froni:age will be on a side street. This property will havo to
come under the grandfather clause. Chairman Wolfe recommen~ed that we accept
with a change so that the house would be 2 feet closer to the side street.
Motion by Mr. McCallister to accept the variance with the change of setbacks.
to be 7 feet rear and 17 feet front. Second by Mr. Harris. Question by Mr.
Shambora about the action being in accordance with the new Zoning Ordinance.
Ur. Weaver said that this action is valid provided that the property owner
does not own any adjacent property. He suggested that the owner submittan
affidavit stating that this is all the property he owns to the City. Motion
was withdrawn and reworded to include that provision. Motion carried 8-0.
4.) Letter read from Deniel W. Cory requesting rezoning of Blocks 7 ! 8,
Totem Park Subdivision, per Map Book 4! ~age 46 public records of Volusia
County, Florida, from Residential (R-2) to Business (B-3). A presentation
by Mr. Cory followed. Property to be used for site of new Bank of Edgewater.
Platted streets (not built) are required for use of Bank and are requested
to be turned back to property owners. Mr. Weaver advised fir. Cory that this
would have to be handled in seperate actions. First the application form
Request for rezoning would have to be presented to the City for a public
hearing for the rezoning. Then a request to the City Council for deeding
back to the surrounding propprty owners the property platted as Streets in
this area. I.1r. Hamel spoke to the board about the merits of this plan.
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PAGE 2 (CONT 'D)
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He mentioned that some members of the Board had an interest in this project.
Mr. McCallister stated that he had an interest in the Bank. Mr. Weaver at
this point advised members of Board who have an interest in this project in
order to vote must submit their interest in the form of a letter to the
Clerk of the Board. Ur. Harris stated that he had an interest. Mr. Wolfe
stated that he worked for Mr. Cory so indirectly he had an interest also.
Reta Webber asked if the Board would be setting a precident by this rezoning
and whether this could mean that the rest of the area could be rezoned at
some later date? Chairman Wolfe said Yes, if the property were not being
used in the zoning class designated and all property owners requested the ch
change. Question about vacating of Streets. Mr. Weaver answered that Board
could recommend to the City but the City Council would have to take the
necessary action on this request. Motion was made by Mr. McCallister to
accept this presentation of Mr. Cory and submit.same to the City for rezoning.
Second made by Mr. Nichols. Motion carried 8-0.
5.) Letter read from Harold Brown proposing the construction of a Rental '
Apartment Complex to be bpilt on Lots 3&4 Unser Subdivision, M.D. 19, Pg.295
behind his business on usn 1 and abutting Neptune Dr. Complex to consist
of i~o Units- Six Ap~rtmcnts each unit. Chairman Wolfe stated that this
project would come under the Motels, Tourist Court use of B-3 and that Mr.
Brown would have to comply with the requirements of the Florida State Hotel
& Motel Commission, that a License would be required for the ope~~tion of
same, that an Architect will have to make the plans and that the building
would have to comply'with the uew Zoning Ordinance. A queotion by Mr Mackie
about the availability of Sewer capacity and the City is supplyillg Oll a first
come first served basis. Chairman Wolfe said that no action is required by
the Board and thanked Mr. Brown foI' his coming bofore the Board uith his
pIano an~ his preserrtation. He wa~ advised that some.of tho setbacko didn't
meet the nc~ Code and to check and revioG as required.
6.) A paper was read from Mr. Butler stating that ho wanted to build a home
next to an easement for a moaqui~o control ditch which he anticipated would
,'~e covered over after a drain pipe uas installed and he wondered if a variance
would be needed. After discussion the Board advised th~t a document be pre-
sented to the City showing the locations on "bhe property and also a document
from the County ota.ting that the ditch would be covered. 1.lotion made by Mr.
McCallister that the owner submit a surveyors plot showing the location of
the home in relation to the easement and also a letter from the Mosquito
Control people to veri~y that the ditch would 'be covered and is in eccordanoe
with the County standards. Second made by Mr. l1ichola. All in fa.vor.
Chairman Wolfe designated i,!r. Wiggins and Mr. Mackie to check this out when
J the doouments are received by the City so as to expi4ite the mutter for the
benefit of the requestor.
The Board took a short recess at this point. After the recess The Chair gave
'che floor to Mr. Wea.vel' Who a.sked Mr. Ha.mel about his plans for annexation.
He advised Mr. Hamel of the action taken by the City Council and told of the
lim! tations of: the sevIer plant. Mr. Hamil! said that he is willing to "take
his chances on the Oity having the capacity when he develops his property
and he still thinks that the property should be in EdgewD.ter and as fa.r no
he is ooncerned he still puts in his request for annexation.
The final letter read vas 7.) from Gay Brothers Construction Co. for per-
mission to place a mobile home on lot #3 , Block 4 in J.A. Benoito subdivis-
ion off Park Ave. next to where they are building a business. They cited
that this area was zoned tm-l and they wished to use it for a residence to
help prevent vandalismm to the construction site. Discussion of this matter
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resulted in the determination that theBoard needed a copy of a survey show-
ing the relationship of the property in question in regards to the zoning.
The property owner should be advised of the requirements of lAH-l zoning (
(Mobile Home Park District). The owner should also be advised of Ordinance
849 pertaining to mobile homes. Chairman Wolfe asked that a letter be sent
to this Party or that they be informed by phone.
OLD BUSINESS: Sign Ordinance. Board decided to discuss at next meeting.
rUSCELLAUEOUS:
next meeting.
SUbdivision Ordinance. will be discussed first on agenda at
Sign Ord. will be second on agenda at Sep'c. 10, 1974 meeting.
Motion to adjourn was made by Mr. Harris, Second by Mr. Niohols. Meeting
adjourned at 9:45 PM.
Re~pectfully B~bmitt~d.;,?
Q~ . _-Jt1.J;: ~~
~~ 'kambora
Secretary
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ZONING & PLANNING BOARD
REGULAR MEETING HELD
AUGUST 6, 1974
The Regular Meeting of the Zoning & P.lanning Board was called to
order August 6, 1974 at 7:30 P.M. by Chairman Robert Wolfe.
ROLL CALL
Mr. John Brittingham
Mr. William Glaser
MrJ LJ E. Harris
Mr. Thomas Loveland
Mr. David Mc Callister
Mr. James Mackie
Mr. William Nichols
Mr. Raymond Shambora
Mr. David Wiggins
Mr. Robert Wolfe
Excused
Present
Present
Excused
Present
Present
Present
Present
Present
Present
APPROVAL OF THE MINUTES
Mr. Harris made a motion to accept the minutes of the last regular
monthly meeting, being seconded by Mr. Wiggins. Motion passed.
COMMUNICATIONS
Mr. Shambora read a letter from the East Central Florida Regi6nal
Planning Council informing the board that they will meet on Wednesday
August 14, 1974 at 10:30 A.M. at the Ambassodor Room in Howard Johnsons
Convention Center, Howard Johnson Plaza at Lee Road and 1-4 in Winter
Perk Florida.
This letter was passed around for the members to look at.
Mr. Shambora read a 1e~ter from the City of Edgewater, May.prCSever.ance
stating that several letters from the zoning board were read at the
Council meeting concerning:
(1) Request for $5,000.00 in the 1974-75 budget. The City Council has
appropriated $1,671.00 for the use of various boards in the City.
(2) Squaring of City Limits. Three of the four property owners of the
section in question have asked not to be annexed into the City. The
fourth property owner will be advised of the critical situation here
in the sewer plant and if you still desire annexation then the City
Council will take action.
~3~ Sign Ordinance. theBusinessman and Citizens Committee has been formed
by several residents of Edgewater and they have many questions about
this Ordinance. After 1ength1y discussion, the Council voted to
retura the ordinance in question to your committee and would like
for you to schedu1~ a meeting with this group to go over this ordinance
with them. After this meeting the Zoning & Planning Boar.d is to
return the ordinance and any corrections to the City Council for
further action.
Chairman Wolfe stated that the board will get with the person involved
in the annexina later nn this aaenda and ask him his feelinas on this.
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The Zoning & Planning Board discussed this matter in full.
Mr. Mc Callister made a motion to accept the change on the house,
being seconded by Mr. Harris. After much discussion on this
motion Mr. Harris withdrew his motion with Mr. Mc Callister remaking
his motion.
Mr. Mc Callister make a motion that this board tentive1y go aheaa
with the varience except that he haseto prove that he has no other
land adjoining, being seconded by Mr. Harris. Motion passes.
Mr. Shambora read a letter from Daniel W. Cory requesting to be
placed on the agenda for the Zonipg & Planning Board meeting to
be held August 6, for the purpose of rezoning Blk 7 & 8 Todum Park
Subdivision per map book 4,page 46 of the Public Records of Volusia
County Florida from residential 2 to Business 3.
Mr. Cory then presented himself and a map showing the land that
he would like rezoned.
City Attorney Weaver stated that what he needs to do is to go ahead
and get an application fo~ rezoning.
Mr. Cory stated that presently this is zoned B-3. This is going
to be a proposed bank. This should be an asset to the neighbo~hood.
There is a beautifucation plan. This will be the first all service
bank in Edgewater, will be called the Edgewater State Bank.
City Attorney Weaver stated that he will have to approach the City
Council and Mayor and point out what you have in mind and state
that you are going through the Zoning & Planning Board and they
may wish to set up a Public Hearing on Vacating the streets at
the same time that you would be asking for the rezoingin
Mr. Mc Callister made a motion that the Zoning & Planning Board
accept Mr. Cory's presentation and ask for a Public Hearing with
a notation about the street vacating, being seconded by Mr. Nichols.
Motion passes.
Mr. Shambora read a letter f~om Mr. Harold Brown concerning an
apartment complex, and asking to be scheduled for a hearing before
the Zoning & Planning Board to discuss this proposal.
Mr. Brown passed out copies of his proposal to the board. He then
explained the proposal. These apartments will be on Neptune Drive.
There will be 12 units. This is presently zoned commercial. These
will be rental apartments.
The Board discussed this proposal in full. They stated that he
will have to go to the rear 10 more feet and will have to have
a buffer. This will have to go under Hotel & Motel licensing.
Chairman Wolfe suggested that Mr. Brown have his architect go
before the Council with the drawing, before you do this come back
to this board and show us so that it does comply with the Ordinance
then go through the formalities. He also has to get a City License.
Mr. Shambora read a letter from Mr. Butler requesting authorization
from the Zoning & Planning Board to build a house on Lot 3 Block 4
Snyder Street, Snyder Sub. Alverez Grant Lot SO foot x 150 foot.
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Chairman Wolfe stated that if he could bring it into the City
showing the ditch and etc. with the boards authority we can go
ahead and get an va~danDe.
Mr. Mc Callister made a motion that Mr. Butler get a registered
surveyor to draw him a plot of lis lot and the easement on it
andtthe house location, being seconded by Mr. Nichols. Motion
passes.
The Board then took a five minute recess.
Chairman Wolfe called the board back in session. City Attorney
Weaver stated that at the Council meeting last night there were
two things that were discussed. A letter form the Zoning & Planning
Board recommending that all properties lying within the City
Limits that were unincorporated on the east side of U.S.II be
incorporated into the City, annexed into the City. The Council
decided to annex Mr. Hamels property if he so desired. There
is a problem of sewer plant. It is approching its capacity.
Mr. Weaver explained the situation to Mr. Hamel.
Me. Hamel stated that he will have to take his chances on this.
He stated that he feels that this property really belongs tm
Edgewater. Chairman W~lfe stated that he would have a letter
written to the Council on the boards feelings on this matter.
Mr. Shambora read a letter from Gay Brothers Construction requesting
permission to put a mobile home on Lot 3 & 4 Bonita Sub. of Park
Ave. This is zoned Mobile Home I.
The Board discusse~ this among themselves. Mr. Shambora read
from Ordinance NO.3849. City Attorney WEaver stated that before
we come .x up with anything we are going to need some more
information on this. Chairman Wolfe also agreed with him.
OLD BUSINESS
NONE
MISCELLANEOUS
Chairman Wolfe stated that the meeting in September will have
to be changed due to Labor Day and that the Council will be
meeting on Tuesday night. The Board then deci~ed that Sep~ember
10, 1974 on a Tuesday night would be the next meeting.
ADJOURNMENT
Mr. Harris made a motion to adjourn this meeting being seconded
by Mr. Mackie. Motion passes.