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04-27-1989 u o . CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, APRIL 27, 1989 6:30 P.M. COMMUNITY CENTER Chairman Nancy Blazi called to Land Development and Regulatory April 27, 1989, in the Community order a regular meeting of the Agency at 6:30 p.m., Thursday, Center. ROLL CALL: Members present were Mrs. Blazi, Mr. Denton, Mr. Garthwaite, Mr. Hellsten and Mrs. Martin. Also present were Lynne Plaskett, Acting Planning and Zoning Director, and Beverly Kinney, Secretary. Mrs. Glover and Mr. Klein were excused. APPROVAL OF MINTUES: The minutes of March 23, 1989, were presented for Garthwaite moved to table, seconded by Mrs. Carried 5-0. approval. Mr. Martin. Motion The minutes of April 13, 1989, were presented for approval. Mrs. Martin moved to approve the minutes, seconded by Hellsten. Motion carried 5-0. Mrs. Mr. Mrs. Martin moved to move item 7 ahead of item 6 on the agenda so the applicants would not have to wait. Mr. Garthwaite seconded. Motion Carried 5-0. VARIANCE 2103 Pine Tree Drive: Mr. Craven, property owner, and Mr. Phillips of Capeview Construction were present to discuss the variance request for a two foot seven inch (2'7") encroachment into the thirty foot (30') setback. Mrs. Blazi read the answers to the criteria submitted by Capeview Construction and the comments from the Building Official and the Acting Planning and Zoning Director. Mrs. Plaskett passed around a photo of the encroachment. Mr. Craven and Mr. Phillips noted the encroachment was not detected by the Building Department or the sub-contractor who poured the concrete. Mrs. Blazi noted that three of the Agency members and the Agency Secretary had attended a seminar regarding the granting of variances the night before and had learned that strict application of the law must be followed when considering variance requests. Mr. Denton pointed out that legally the Agency could not grant the variance because the hardship was self inflicted. It was noted the Building Official's actions are discretionary and the City cannot be held liable, and the only recourse would be to appeal to Council if the variance is denied by the Agency. There was discussion regarding previous variances granted by the former Board of Adjustment, and the fact that they may have been lax in granting variances. Mrs. Martin was exused from the meeting at 7:00 p.m. It was noted that the Certificate of Occupancy had been issued prior to the final building location survey. The members went through the five (5) criteria: A - failed, B passed, C- failed, D - tie vote, E - failed. (Section 904.01) Mr. Hellsten moved to deny the request for a variance as the applicants failed to meet the five (5) criteria, seconded by Mr. Denton. Motion Carried 4-0. The Secretary was requested to forward the finding of facts to the applicant. Mr. Denton stated he would and orientation packet responsibilities of members like to see the City Attorney develop describing duties, powers, and of the various Boards. Page 1 u o I \ . Mrs. Martin returned to the meeting at approximately 7:30 p.m. EXTRA CURRICULAR ACTIVITIES FLORIDA SHORES PLAZA PARKING LOT: Mrs. Blazi went through the suggested criteria provided by the Planning and Zoning Department. The members discussed car sales and carnivals which are periodically held in the parking lot. The members discussed signage, security, maximum number of days for each use, fees to cover administrative costs, nature and frequency of events, and roping off the area to be used for the activities. The members agreed the Police Department and the Code Enforcement Officer should make recommendations to the Agency regarding this issue. They also agreed that no driveways or driving lanes are to be blocked, a $150.00 per day fee should be charged to cover administrative costs, the activity should not exceed nine (9) days at a time, Council should grant the temporary permit required, areas for activities should be roped off, and no signage for advertising the activity should be placed on the highway right-of-way. A recess was called at 7:50 p.m., and the meeting was called back to order at 8:00 p.m. DISCUSSION ITEMS: Draft Ordinance Miniwarehouses: The members debated whether lighting should be permitted inside the miniwarehouse units. It was decided electric would not be permitted to deter illegal useage of the miniwarehouses in the future. There was a brief discussion regarding a residence and office on the premises provided for a manager/rental agent, and it was decided it should be permitted. Mr. Garthwaite moved to forward the proposed amendment to the City Council, seconded by Mrs. Martin. Motion carried 5-0. Draft Ordinance Fences. Walls. and Hedqes: The members discussed the proposed section regarding barbed wire, and concrete walls. Mrs. Plaskett stated the Ordinance did not address barbed wire, and concrete walls are not permitted. After further discussion the Agency agreed that barbed wire would only be permitted in commercial and industrial districts with Council permission. The members also agreed to allow concrete block walls in the City. Mrs. Martin moved to forward the proposed amendment to the City Council, seconded by Mr. Garthwaite. Motion Carried 5-0. Draft Volusia County Ordinance Wetland Protection: Plaskett informed the members the County was updating the Protection Draft Ordinance and asked the members to delay on this until the final draft from the County was ready. Mrs. Wetland working Comprehensive Plan Status: Mrs. Plaskett informed the members they would need to think about scheduling public hearings for the comprehensive plan as it is due in November. She added that she had started work on the coastal management element and Reynolds, Smith, and Hill would be doing intergovernmental coordination. The members asked Mrs. Plaskett to work up a proposed schedule of hearing dates. Mrs. Plaskett suggested doing a couple of elements at each public hearing. Mrs. Blazi asked that the hearings be scheduled prior to July or August if possible. Actinq Planninq And Zoninq Director Reports: None. Chairman Reports: Mrs. Blazi asked the Secretary to do a summary of the Board of Adjustment seminar some of the members had attended the night before, so those who did not attend could benefit from the seminar. There was some discussion regarding the seminar among the members. Page 2 ~ o Aqency Member Reports: Mr. Garthwaite asked that replats be required after foundations are poured and to have the Building Official sign the replats. He hoped that this would stop some contractors from building into the required setbacks, and if they did the error could be found and corrected. The members agreed with his suggestion. Mr. Garthwaite discussed Centex Real Estate and the proposed subdivision on the former Caldwell property. He asked that the Agency receive a legal opinion from the City Attorney regarding the proposed use of Silver Ridge Road in the Silver Ridge Subdivision as access to the proposed subdivision, since the issue had been addressed in a court order. The members agreed it would be a good idea, and could save time in the long run. There being no further business to come before the Agency, Mrs. Martin moved to adjourn, seconded by Mr. Denton. The meeting adjourned at approximately 8:40 p.m. Minutes respectfully submitted by: Beverly Kinney, Secretary Land Development and Regulatory Agency Regular Meeting Thursday, April 27, 1989 Page 3