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01-09-1992 (.) C) CITY OF EDGEWATER 104 N. RIVERSIDE DRIVE P.O. Box 100 - Edgewater. Florida 32132-0100 (904) 428-3245 SunCom 371-7005 CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, JANUARY 9, 1992 COMMUNITY CENTER, CITY HALL Vice Chairman, Dominick Fazzone called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Thursday, January 9, 1992, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Mr. Ewing, Mr. Klein, Mr. Hildenbrand and Mr. Fazzone. Mr. Garthwaite and Chairman Hellsten were excused. Also present were Mark P. Karet, Director of Community Development, Krista Storey, City Attorney, and Sandra Meager-Pengov, Secretary. APPROVAL OF MINUTES: Mr. Masso made a motion to 1991, seconded by Mr. Ewing. Mr. Hildenbrand abstained meeting and Mr. Hildenbrand approve the minutes of October 24, Motion CARRI~D 3-2. Mr. Klein and as Mr. Klein was absent from the had been excused from the meeting. Mr. Masso made a motion to approve the minutes of December 12, 1991, seconded by I"lr. Hildenbrand. Motion CARRIED 5--0. ~~W BUSINESS: SP-9113 - Convert Sinq)e Family House to OfficE? - Luis C. authorized Agent for James W. Merrick requested site approval for property located at 103 Orange Avenue. 5e ii, plan Mr. Karet gave a brief summary of the applicants request.Mr. Ewing questioned 'who is responsible for putting in the required fire hydrant. Mr. Karet responded that the developer is responsible. Mr. Karet said .he will ask the Fire Chief to provide information to LDRA on this issue. Mr. Klein asked if there was adequate parking. Mr. Karet said yes, one space per 200 square feet is the requirement. After brief discussion Mr. Masso moved to accept the site plan as presented, seconded by Mr. Hildenbrand. Motion CARRIED 5-0. VA-0491 - Variance to Allow a Six Foot Hiqh Fence on a Corner Lot. - Richard and Joan Schamp, owners of 1529 Willow Oak Drive requested a variance to allow a six foot high fence from the required four foot high fence on a corner lot. o o Mr. Karet said Section 706.00 of the zoning ordinance regulates fence heights by yard and type. He further stated in side corner yards only chain link or other non-opaque fencing is permitted up to a maximum height of four feet. Mr. Karet said the City's zoning ordinance contains five criteria which are set out in Section 904.01 and each of these five criteria must be met before a variance is granted. Mr. Karet continued to say that none of the five criteria in Section 904.01 of the zoning for the granting of variances has been met by the applicants. As a result, staff does not support the request for a variance. Mr. Schomr told the board that he has a neighbor with the same fence he is requesting. He also said there are many fences in the area that do not comply with the code. Mr. Schomp said he had received a citation for erecting a fence without a permit and stated he did not know he needed a permit. Mr. Schomp expressed a desire to put in a pool in the future and wants the fence for personal privacy. He further stated he didn't know what to expect from the meeting with the board and wasn't as prepared as he would like to be. Mr. Ewing made a motion to send with the boards recommendation because there are many homes in situation. The motion FAILED for this case to the City Council that the request be approved, Florida Shores with the same lack of a second. Mr. Karet stated that the LDRA grants variances. go on to Council, if they are appealed. Variances only Mr. Masso moved to table the request until February 13, 1992 to give the applicant more time to gather information. Motion seconded by Mr. Klein. Motion CARRI~D 4-1, Mr. Hildenbrand voted no. Election of Officers: Nominations for Chairman: Mr. Ewing moved to postpone elections until the February 13, 1992 meeting, seconded by Mr. Hildenbrand. Motion CARRIFD 3-2. Mr. Masso and Mr. Klein voted. no. Mr. Hildenbrand moved to reconsidered having elections, seconded by Mr. Masso. Motion CARRIED 4-1. Mr. Ewing voted no. Land Development and Regulatory Agency Regular Meeting January 9, 1992 2 o o Mr. Masso moved to nominate officers at this meeting. Seconded by Mr. Klein. Motion CARRIED 4-1. Mr. Ewing voted no. Election of Chairman: Masso declined. Mr. Klein moved to elect Mr. Masso. Mr. Mr. Masso nominated Mr. Hellsten, and Mr. Klein nominated Mr. Garthwaite. Mr. Hellsten received 3 nominations and Mr. Garthwaite received 2 nominations. Mr. Hellsten was elected by a 3-2 vote. Nominations for Vice-Chairman: Mr. Masso nominated Mr. Faz2one. Mr. Fazzone was elected by a 5-0 vote. Discussion Items: Planninq and Zoninq Director's Report: Mr. Karet said he is comprehensive plan for there will be a hearing. rewriting the DCA's approval, last items of the upon their completion Mr. Karet spoke generally about variances address specific and unique circumstances. to say, that general problems must be legislative changes and not through variances. saying they must Mr. Karet continued remedied through Mrs. Storey stated to the board, when making a denial to a request the board should state the reason(s) why. There being no additional business to come before the agency, a motion was made and approved to adjourn. The meeting adjourned at 8:18 p.m. Minutes respectfully submitted by: Sondra Meager-Pengov, Secretary Land Development and Regulatory Agency ISMP Land Development and Regulatory Agency Regular Meeting January 9, 1992 ldramin/010992 3