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02-09-2022 City of Edgewater 104 N.Riverside Drive y � Edgewater,FL 32132 City of ��GEtWATER Meeting Minutes Planning and Zoning Board Wednesday,February 9,2022 6:30 PM Council Chambers 1. CALL TO ORDER,ROLL CALL Present 5- Robert Andrejkovics,Thomas Duane,George Kennedy,Burton Maroney and Paul Wright Absent 1- Eric Rainbird Also Present 2- Darren Lear and Sue Williams 2. APPROVAL OF MINUTES A motion was made by Mr. Andrejkovics, second by Mr. Amalfitano, to approve the Minutes of the January 12,2022. The MOTION was APPROVED by the following vote: Yes: 6- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Burton Maroney and Paul Wright Absent: 1- Eric Rainbird a. Regular Meeting January 12,2022 3. OLD BUSINESS-PUBLIC HEARING 4. NEW BUSINESS-PUBLIC HEARING a. CPA-2118 - Thomas Mulligan, requesting an amendment to the Future Land Use Map to include a portion of property located at 109 East Knapp Street as Low Density Residential. Mr.Lear provided a staff report and recommendation. Chairman Kennedy opened and closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to send a favorable recommendation to City Council for CPA-2118. The MOTION was APPROVED by the following vote: Yes: 6- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Burton Maroney and Paul Wright Absent: 1- Eric Rainbird b. RZ-2120- Thomas Mulligan, requesting an amendment to the Official Zoning Map to include a portion of property located at 109 East Knapp Street as R-3 (Single Family City of Edgewater Page I Printed on 51112024 Planning and Zoning Board Meeting Minutes February 9, 2022 Residential). Mr.Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing. Chris (inaudible), 107 Sanchez, had a question regarding the zoning change. Mr. Lear explained the applicant wants his entire property to be residential, it is currently zoned half residential and hall commercial. (Inaudible), 104 Sanchez, stated her property is the same, half commercial and half residential. She asked if this would affect her zoning. Mr. Lear stated this rezone for the applicant will not affect her property, she would need to request to make any changes to her property. Mr. Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Amalfitano, to send a favorable recommendation to City Council for RZ-2120. The MOTION was APPROVED by the following vote: Yes: 6- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Burton Maroney and Paul Wright Absent: 1- Eric Rainbird C. RZ -2119 - Carl Carder, requesting an amendment to the Official Zoning Map to include property located at 200 Falcon Avenue as R-3 (Single Family Residential). Mr.Lear provided a staff report and recommendation. Chairman Kennedy opened and closed the public hearing. A motion was made by Mr. Maroney, second by Mr. Wright, to send a favorable recommendation to City Council for RZ-2119. The MOTION was APPROVED by the following vote: Yes: 6- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Burton Maroney and Paul Wright Absent: 1- Eric Rainbird d. VA-2133 - Carol and Kenneth Romer, requesting a variance for property located at 518 Sea Gull Court Mr.Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing. City of Edgewater Page 2 Printed on 51112024 Planning and Zoning Board Meeting Minutes February 9, 2022 Joanne Palmese, whose parents reside at 309 Sandpiper, directly behind the wall, stated she measured the wall and it is 8 ft. and I inch and also has cracks in the wall. She stated her parents painted their side of the wall. The applicant then added another row and sealer. She wanted to know who would be responsible for the wall if it came down during a hurricane and the wall has cracks in it at this time. Chairman Kennedy stated the applicant would be responsible for the wall. Joanne Palmese presented photos to the Planning and Zoning Board. Chairman Kennedy asked the applicant to come up to the podium for Board questions. Dr. Kenneth Romer, 518 Sea Gull, stated the reason he put the wall extension up is because they were concerned for their safety due to the neighbors dog, and the Masonry company they contracted with advised them the wall needed more height. Mr. Andrejkovics asked if a permit was pulled for this work. Mr. Lear stated they are here because no permit was pulled and code enforcement cited the applicant. The applicant stated they contracted with Central Florida Stucco and Masonry and the applicant thought the company pulled the permit as the cost was $6,400.00. The applicant stated it was done in April and it wasn't until December before the neighbors had complaint. The applicant stated they were waiting to put the primer on the new part. The applicant stated the neighbor threatened to tear down the wall and that was not acceptable. Chairman Kennedy stated it looks like the last row of block does not have stucco on it on the neighbors side. The applicant stated it does not have stucco on the other side. Mr. Andrejkovics asked when was the original 6 foot wall built. The applicant stated in 1980 by the HOA and there is no HOA now. Mr. Andrejkovics asked what kind of dog. The applicant stated pit bull mix. The applicant stated the fence is on his property, 2 feet from the property line. Mr. Maroney asked why the bad side was facing out, normally it is good side out. The applicant replies he was only considering safety. Chairman Kennedy stated it would make sense to finish the wall on the neighbors side and good fences and walls make good neighbors. Mr. Maroney stated that permitting is the responsibility of the applicant. Mr. Andrejkovics asked what happens if they deny this variance. Mr. Lear stated it would go to Code Enforcement. The applicant stated if not approved he would take the wall down. Mr. Amalfitano stated that would be dangerous for the applicant. The applicant stated it would then become all of the neighbors problem. Becky Baldwin, 305 Sandpiper, stated she is the owner of the dog and it is a bull terrier mix and friendly. City of Edgewater Page 3 Printed on 51112024 Planning and Zoning Board Meeting Minutes February 9,2022 Joan Palmese, 309 Sandpiper, stated the wall goes the entire length of the block and it will affect other parts of the wall and neighbors. Chairman Kennedy stated the applicant has the right to take down his section of the wall on his property. Chairman Kennedy suggested for Mr. Romer to finish the other side of the wall so the neighbors are not looking at an eyesore as a condition to approve. Mr. Andrejkovics asked about inspecting the wall. Chairman Kennedy stated they cannot inspect at this time because it is already built. Mr. Maroney believes the wall is structurally sound and agrees with the Chairman regarding finishing the neighbors side. Carol Romer, 518 Seagull, stated they had asked the neighbors to wait for it to cure. She asked why should they pay for the neighbors side of stucco and paint and then the neighbor will paint and hang things on the wall. Chairman Kennedy stated the neighbor can on their own side. Chairman Kennedy asked if Mr. and Mrs. Romer are willing to finish the other side top 2 feet with stucco and paint so the Board does not have to deny the variance. Mr. Romer stated they will stucco but the neighbors do not get to pick the color to paint their side. He stated he would paint it white. Mr.Lear stated this is becoming a civil issue. Chairman Kennedy asked for a motion. A motion was made by Mr. Maroney, second by Mr. Amalfitano, to approve with the condition the new part on the neighbors side is stucco and painted in its existing color. The MOTION was APPROVED by the following vote: Yes: 5- Albert Amalfitano,Thomas Duane,George Kennedy,Burton Maroney and Paul Wright No: 1- Robert Andrejkovics Absent: 1- Eric Rainbird 5. DISCUSSION ITEMS a. Department Directors Report Mr.Lear stated there is no Directors Report. 6. ADJOURN Meeting was adjourned at 7:05 PM. City of Edgewater Page 4 Printed on 51112024