05-10-2023 City of Edgewater 104 N.Edgewater,
Drive
y � Edgewater,FL 32132
City of
��GEtWATER Meeting Minutes
Planning and Zoning Board
Wednesday,May 10,2023 6:30 PM Council Chambers
1. CALL TO ORDER,ROLL CALL
Present 6- Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird,Paul Wright and
Chris Hatcher
Also Present 1- Darren Lear
2. APPROVAL OF MINUTES
a. Regular Meeting February 8,2023
A motion was made by Mr. Wright, second by Mr. Amalfitano, to approve the minutes of
February 8,2023.The MOTION was APPROVED by the following vote:
Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird,
Paul Wright and Chris Hatcher
b. Regular Meeting March 8,2023
A motion was made by Mr. Andrejkovics, second by Mr. Hatcher, to approve the minutes of
March 8,2023. The MOTION was APPROVED by the following vote:
Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird,
Paul Wright and Chris Hatcher
3. OLD BUSINESS-PUBLIC HEARING
None at this time
4. NEW BUSINESS -PUBLIC HEARING
a. VA-2302 - Mike Saxton, requesting a variance from the Land Development Code
for property located at 607 North Ridgewood Avenue.
Mr.Lear provided a staff report and recommendation.
Chairman Kennedy opened the public hearing.
Michael Saxton, Deland, FL, Contractor for Southeast Petro Enterprises, provided additional details
regarding the reason for the requested variance; the way the canopy currently stands, it is no longer
structurally safe.
Eric Carter, 757 Dreamers Loop, New Smyrna Beach, FL. Representing the owner, explained that
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Planning and Zoning Board Meeting Minutes May 10,2023
they are proposing to only replace the top portion of the canopy. The hardship is the underground
piping, the tanks have already been upgraded, to move the footers would be costly.
Chairman Kennedy inquired as to when the underground gas tanks had been upgraded. Mr. Carter
stated, that while he did not know the exact year; it was prior to the year 2009 when they regulated
double wall tanks.
Chairman Kennedy clarified that the proposed use was to bring back to fuel pumps, and have a small
convenience store inside; Mr. Carter confirmed.
Mr. Andrejkovics stated that if the footers had to be moved, new tanks and pipes; and the uprights
would have to be dug up.
Mr. Saxton explained that if the footers are in jeopardy, they would have to go into the same space
because of the way the piping is lined up.
Mr.Andrejkovics inquired what other improvements being proposed.
Mr. Saxton advised that it would be a Shell Gas Station; stating that Shell Oil has specific
requirements.
Summit Shaw, Southeast Petro, 402 High Point Dr., Coco, FL, owner, confirmed that there would be
improvements to the driveway, either asphalt or concrete; as well as improvements to the inside of
the store.
Mr. Hatcher felt that the intersection is dangerous because of the turn at Magnolia, and inquired if
there was a study performed on that. Mr. Lear stated that no traffic study has been performed at the
intersection of Ridgewood Avenue & Magnolia; Chairman Kennedy added that a traffic study is not
necessary for what they are doing.
Mr. Hatcher inquired about possibly expanding the canopy in a tiered effect to overlap the store in
lieu of moving the posts;Mr. Carter stated this cannot be done due to the fueling process.
Chairman Kennedy reiterated that the new canopy would be very close to the same size as what is
already there. Mr. Carter clarified that it is a bit smaller.
City Attorney Wolfe stated that granting of the variance would be opposed to the intent of the Land
Development Code, and he does not recommend approval; based on staff findings, and the
applicable Land Development Code sections.
Chairman Kennedy expressed concerns regarding the cost to the business owner in efforts to meet
the required 10'setback for the canopy, and questioned the enforcement of the required 10'setback.
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Mr. Andrejkovics disagreed with City Attorney Wolfe's recommendation to disapprove the variance;
based on the environmental upgrade to the underground tanks, and the revenue the business would
bring into the City.
Mr. Amalfitano questioned the cost of redoing everything underground compared to replacing just
the canopy. Mr. Shaw explained that the cost to replace just the fueling systems would be over
$400,000.00. He also advised that moving the other pieces back would not be feasible, as the pumps
would be in front of the store, not allowing access to the store, and pumping would only be from one
side. They would have to knock down the store, and that would add another $500,0004600,000 to
put the building back.
Mr. Rainbird asked City Attorney Wolfe the difference between law & code; which Mr. Wolfe
explained.
Mr. Hatcher confirmed the size of the proposed canopy is 25' and inquired if the applicant could
reduce it to 20', and if the canopy could be narrower. Mr. Carter responded that the canopy is pretty
narrow already. Mr. Saxton, advised that the canopy could be 22'currently, (existing) is 24'.
Mr.Andrejkovics confirmed with applicant that the canopy will be up to 22'x 78.
Mr. Hatcher asked City Attorney Wolfe if this would require the applicant to do the entire process
again, or if they could make a motion to approve, up to a certain size for this variance.
City Attorney Wolfe advised the Board they could make a motion to approve.
There being no further discussion Chairman Kennedy closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Rainbird to approve VA-2302 with
the stipulation that the canopy will now be up to 22ft by up to 78 ft. The MOTION was
APPROVED by the following vote:
Yes: 7- George Kennedy,Paul Wright,Thomas Duane,Chris Hatcher,Darren Lear,Albert
Amalfitano,Eric Rainbird and Robert Andrejkovics
b. AN-2301 - Jack Lawson, requesting annexation of 2.12± acres of land located at
1890 Old Mission Rd.
Mr.Lear provided a staff report, recommendation, and confirmed that the acreage is now +/-2.12.
Chairman Kennedy opened& closed the public hearing.
A motion was made by Mr. Wright, second by Mr. Hatcher to recommend approval for
AN-2301.The MOTION was APPROVED by the following vote:
Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird,
Paul Wright,Chris Hatcher and Darren Lear
C. CPA-2302 - Jack Lawson, requesting an amendment to the Comprehensive Plan
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Future Land Use Map to include 2.12± acres of land located at 1890 Old Mission
Road as Low Density Transition with Conservation Overlay
Mr.Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Wright to recommend approval of
CPA-2302.The MOTION was APPROVED by the following vote:
d. RZ-2302 - Jack Lawson, requesting an amendment to the Official Zoning Map to
include 2.12± acres of land located at 1890 Old Mission Road as RT (Rural
Transitional).
Mr.Lear provided a staff report.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Wright, second by Mr. Hatcher to approve RZ-2302. The
MOTION was APPROVED by the following vote:
Yes: 7- Albert Amalfitano,Robert Andrejkovics,Thomas Duane,George Kennedy,Eric Rainbird,
Paul Wright,Chris Hatcher and Darren Lear
5. DISCUSSION ITEMS
a. Department Directors Report
Mr.Lear stated that he did not have one.
6. ADJOURN
With no further business to discuss, Chairman Kennedy adjourned the meeting at 7:02 p.m.
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