07-18-1991 Special
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CITY OF EDGEWATER
LAND DEVELOPMENT AND REGULATORY AGENCY
SPECIAL MEETING
THURSDAY, JULY 18, 1991
6:30 P.M.
EDGEWATER LIBRARY
Chairman C. Peter Hellsten
the Land Development and
Thursday, July 18, 1991, in
called to order a special meeting of
Regulatory Agency at 6:30 p.m.,
the Edgewater Library.
~OLL CALL:
Members present were Mr. Fazzone, Mr. Masso, Mr. Garthwaite, Mr.
Hildenbrand, Mr. Klein and Chairman H~llsten. Also present were
Ferdinand Munoz, Acting City Manager, Counc-ilperson Louise Martin
and Mark P. Karet, Director of Planning and Zoning.
NEW BUSINESS:
SP-9104 - Pelic-an Cove
reversed the order of
Pelican Cove West.
Wl?st
items
Clubhousl?: Chairman Hl?llsten
on the agenda and started with
Mark P. Karet, Director of Planning and Zoning stated the
developer of the project, J.C. Carder of Bl?lmont Homes, Inc. has
acquired a permit to build a single family home and a pool. He
is now asking for approval to convert it to a clubhouse. Mr.
Karet also mentioned a longstanding dispute with the residents of
Pelican Cove West and Mr. Carder, saying they were promised a
clubhouse with a pool, but Mr. Carder had failed to provide one.
Mr. Karet and the staff recommend approval of the project.
Chairman Hellsten asked for comml?nts from the agency.
Mr. Gar thwa i te
requi red. Mr.
from the south.
have been met.
questioned the R-4, zoning and the setbacks
Karet said the frontage of the lot is addressed
He also stated the side, front and rear setbacks
Mr. Fazzone asked if parking was adequate. Mr. Karet noted that
the clubhouse is intended primarily for residents who will walk
and sometimes drive to events. There was additional discussion
regarding the fact that the clubhouse is an accessory to the
subdivision and not open to the general public.
Chairman Hellsten orened the disc-ussion to the public.
John Tyler (Resident): Mr. Tyler voiced his dissatisfaction with
the additional traffic the clubhouse will generate and stated the
building plans do not matc-h what is under construction now. Mr.
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Land Development and Regulatory Agency
Special Meeting - 3uly 18, 1991
Page -2-
Karet said the Building Department's inspections of the property
will find any discrepancies.
Henry Scher? 1011 ~~ret Court: Mr. Scherz stated he, along with
approximately thirty (30) homeowners, are suing Mr. Carder for
what has been promised them. He stated Mr. Carder has
reluctantly put in lights, walks, road repairs and retention
ponds. He also asked who led Mr. Karet to believe the clubhouse
address is on the south side. Mr. Karet said when the
certificate of zoning was issued, Mr. Carder received an address
from the Finance Department.
Mr. Scherz questioned the zoning, asking for an explanation of
the zoning in the R-4 district. Mr. Karet explained that an
accessory use is a subsidiary use, something that is secondary to
something customary or generally associated with a mMin use.
Counrilnerson Louise Martin. 1409 S. Riverside Drive:
Councilperson Mrtrtin asked Mr. Karet if the permit was for
residential and were new plrtns filed? Mr. Karet answered, the
plans filed rtre for rt single family home and the construction of
the building is in conformance with plans associated with a
single family home and do not require LDRA approval. Approval
for a recreation center hrts not yet been granted.
Eileen Lloyd. 810 Fqret
property owners should be
said if it were to require
owners would be notified,
to the subdivision.
Court: Ms. Lloyd asked, if abutting
notified of the clubhouse? Mr. Karet
a zone change the abutting property
but this is a permitted accessory use
There was considerable discussion by the homeowners, some
supporting Mr. Carder, others suing him and those just wanting a
clubhouse.
Chairman Hellsten closed the public discussion.
Considerable discussion followed between the members as to
whether the clubhouse is a permitted use. Mr. Karet stated the
agency will have to decide whether this amenity is an accessory
use to the permitted subdivision. The Planning Department has
found it an accessory use provided it is not opened to or rented
by the general public. R-l or R-4 zoning was also discussed. Mr.
Karet said neither one would provide any more guidance in regard
to the clubhouse being permitted. The chairman also questioned
the size of the pool. Mr. Karet said there is no requirement for
the size of the pool associated with any particular use, the size
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Land Development and Regulatory Agency
Special Meeting - July 18, 1991
Page -3-
of the pool is up to the judgement of the developer. There was a
question regarding the parking at the clubhouse. Mr. Karet said
there is no standard for parking that is directly applicable as
the facility is not intended to be open to the public.
Mr. Garthwaite made a motion to ac-cept the clubhouse as an
ac-cessory use to the subdivision owned and maintained by the
developer until it is built ou t , then turn it over to the
homeowners to be used by Pelican Cove West. Seconded by Mr.
Fazzone. Motion CARRIE"D 5--1 . Mr. Klein voted no.
Chairman Hellsten asked Mr. Karet who will be responsible for the
clubhouse. Mr. Karet said his understanding is they are usually
in the hands of the homeowners association. In almost 99% of the
cases, the homeowner associations are initially held by the
developer, onc-e his interest in the subdivision retires, it is
then turned over to the homeowners. They then assume the upkeep
and functioning of the clubhouse. Mr. Karet suggested making the
requirement to use the clubhouse only as an accE'ssory to the
subdivision. This would require a statement recorded in the
property records in the county.
Mr. Carder stated he plans to turn over the ownership of the
clubhouse to the homeowners association at the completion of the
subdivision and the formation of a homeowners association.
Mr. Fazzon8 asked if
said no, not on the
building. Mr. Card8r
consider.
more parking could be provided. Mr. Karet
existing property without shrinking the
has som8 other property that he may want to
Chairman Hellsten asked Mr. Carder if additional parking could be
provided. Mr. Carder said, possibly two to four additional
spaces could be added.
Considerable discussion followed between
regarding parking.
the agency members
Mr. Klein made a motion to table the site plan until a study is
done for increasing the parking spaces and a possibility for more
parking. Seconded by mr. Fazzone. Motion FAILED due to a 3-3
tie. Mr. Masso, Mr. Garthwaite and Mr. Hildenbrand voted no.
Additional discussion was had by Mr. Carder and the agency. Mr.
Carder stated he will have an additional lot of 100' x 110' if he
prevails in the lawsuit, he will then be willing to utilize the
lot for parking.
Mr. Hildenbrand made a
and get it over with and
motion to accept the plans as submitted
include Mr. Carder's offer to include
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Land Development and Regulatory Agency
Special Meeting - July 18, 1991
Page -4-
the 100'x 110' lot for pnrking. Seconded by Mr. Masso.
FAILED due to a 3-3 tie. Mr. Klein, Mr. Hellsten and Mr.
voted no.
Motion
Fazzone
After further discussion Mr.
request until the next meeting.
CARRIED 6-0.
Gnrthwaite moved to table the
Seconded by Mr. Fazzone. Motion
Chairman Hellsten called for a five minute recess.
Chairmnn Hellsten reconvened the meeting at 9:08 p.m.
Hellsten continued with New Business.
Chairman
SP-9103 - Windview Condominiums: Chnirman Hellsten recognized
Mr. Rnymond Anderson and gnve him the floor. Mr. Anderson stated
his dissntisfaction with the meeting tonight, saying no personal
contact was made to either himself or his Attorney, William
Hathaway regarding the meeting. Mr. Anderson then abruptly left
the meeting.
Mr. Karet
stated all
voiced his arologies regarding Mr.
legal re~uirements have been met.
Anderson.
He also
Mr. Karet continued with the site plan request
fourteen unit condominium. Mr. Karet said he
reviewed the plans and recommend arproval.
to construct a
and staff have
The agency discussed the change from a sixteen unit condominium
to a fourteen unit condominium and the eight foot reduction of
the building with Ms. Buck and Mr. Davenport. The agency also
showed considerable concern for Mr. Anderson's urset regarding
not being personally notified of the meeting.
Mr. Fnzzone moved
masso. Motion
voted no.
to arprove the finnl site plan, seconded by Mr.
CARRI~D 4-2. Mr. Klein and Chairman Hellsten
Chairmnn Hellsten stated the August 8,
changed to August 15, 1991.
1991
meeting will be
ADJ'mJRNM~NT :
There being no further business to come before the agency a
motion was made and seconded to adjourn. meeting adjourned at
10:00 p.m.
Minutes Resrectfully Submittec1 By:
Sondra Meager-Pengov, Secretary
Land Develorment and Regulatory Agency