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08-06-1974 -...... ...- ... Q \ ,.. :__ \ ~ I. l l I 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. ... . -. I ~ (.) PAGE 2 (CONT 'D) (.) 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 ... r-, , II o PAGE; cont td Q 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 ~ ~ o Q 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. o o 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. o o 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.