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04-14-1988 ~ ~ ~ u ~ CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, APRIL 14, 1988 7:00 P.M. CO~WUNITY CENTER Chairman Nancy Blazi called to order a regular meeting of the Land Development and Regulatory Agency at 7:00 p.m., Thursday, April 14, 1988, in the Community Center. ROLL CALL: Members present were Nancy Blazi, Don Bennington, Louise Martin, Harold Hardester and Robert Garthwaite. Also present were Jose' Alvarez, City Attorney and Beverly Kinney, Board Secretary. Sue Glover and Billy Klein were excused. Mrs. Blazi went over the procedure for public hearings. She also asked the members to refrain from speaking at the same time so the secretary does not run into problems transcribing the minutes. VARIANCES: Bill Hathaway for James Daven ort 105 N. Rid ewood Avenue Request variance of two 2) Parkin Stalls: Mr. Hathaway addressed t e Boar He felt the Board could treat this as a nonconforming use that is grandfathered in, but if the Board did not agree he would continue with the variance request. James Davenport was sworn in by a court reporter at the meeting. Mr. Davenport stated Mr. Curry, Mrs. Davenport and he had purchased the building, having three (3) units, in 1981. Mrs. Davenport is the property manager, and if necessary, could produce cancelled checks showing the unit had been leased within the past six (6) months. Mr. Davenport stated it was never the intent of the owners to abandon the property, infact they had been trying to lease the unit since the previous tenant died. They were planning to upgrade the building and the additional revenues from the unit would make the renovations possible. Mr. Garthwaite asked if there had been any interior modifications to the unit, and Mr. Davenport stated he was not aware of any. Bernard Baron was sworn In. Mr. Baron stated he was co-owner of Edgewater Red and White, 103 N. Ridgewood Avenue. The business was owned from July 1, 1978 to July 1, 1985. It was sold, but the Baron's took it back on April-, 1987. Mr. Baron stated there was someone in the neighboring unit, but he was never fully operational. Mr. Baron understood he was to be making some sort of decals, but for some reason it took him a long time to get things done and then his illness and death prevented him from opening. Mr. Bennington pointed out that City research showed no occupational licenses had been issued for the unit since January, 1986. Mr. Baron said he was concerned about possibly having to take the sign down in front of his unit. It has been there for fifteen (15) years and only takes up one (1) parking space. He stated they had always complied with the current sign codes. He did not see any problem at all as long as the new tenant did not interfere with his lunch trade. Konstantinos Dedes was sworn in. Mr. Dedes stated he would be open normal hours in the morning and close around 2:00 or 3:00 pm. Mr. Dedes stated he was currently operating another donut shop, and had been in business for five (5) years. He stated there would be just one employee on the premises. Mr. Garthwaite asked if the intent was to sell just coffee and donuts. Mrs. Blazi added it would be considered a coffee and donut carryout. Mr. Dedes agreed. Mr. Hardester asked if there would be any seating. Mr. Dedes stated there would be no seating, but there would be a counter. Mr. Dedes stated there would be no tables or stools, just a counter for people mixing their coffee. Mr. Alvarez informed Mr. Dedes he would not be permitted to add soups, hotdogs and the like for a lunch trade. -1- o o Mr. Dedes explained his donuts are made at his shop in New Smyrna, and they would be shipped to the location in Edgewater. Mr. Alvarez explained nonconforming structures, uses and grandfathering. If the structure in question is destroyed, the grandfathering ends. Mr. Alvarez stated the nonconformity before the Board is the use, because of the parking ordinance. There are three ways to handle this - amortization, discontinuance of use, or abandonment for a period of six (6) months. Mr. Alvarez cited a couple of cases to the Board. He said the majority of courts feel discontinuance is the same as abandonment by the owner, not the tenant. In conclusion, Mr. Alvarez felt the owners had attempted to maintain the use, therefore the use is grandfathered. Mrs. Blazi asked about the sign in front of the Red and White. Mr. Alvarez felt that was a separate issue and the Board would need more information to make a decision about it. Mrs. Blazi asked for a motion to close the public hearing. Mr. Bennington so moved. Mr. Hardester moved to accept the application of.Mr. Davenport. Mrs. Blazi asked Mr. Alvarez if this was still to be considered a variance request. Mr. Alvarez stated the action would be a motion accepting the facts as presented, that this is to continue to be a grandfathered use as long as it is clear to everyone the conditions: grandfathering is the use that pertains to a one (1) person operation that requires very little or no parking at all and no on the premises consumption. Mr. Bennington so moved and added take out only. Mr. Hardester withdrew his motion. Mr. Bennington moved "that from the evidence presented this is grandfathered in, not discontinued by the owner. A service type business, take out only, to as what type of businesses where there. There was very little parking required and noone corning in there to do business~' Mr. Garthwaite seconded the motion. Motion Carried 5-0. Lawrence Lanchoney 110 Lincoln Road Variance to ermit building a one 1 car garage in set ac area: Mr. Lanchoney elt allowing the miniature golf course in the B-3 district has caused unreasonable conditions for the residents to endure. He and his neighbor, Mr. Pinder, put up fences, at their own expense, to offset the noise and lights which are extremely offensive. Mr. Lanchoney stated the lights stay on past midnight. Mr. Lanchoney stated his concerns at a Planning and Zoning Board meeting when the plans for the course were approved. Mr. Lanchoney stated he could not keep his windows open, because of the noise and his drapes were kept closed, because of the light shining directly into his home. Mr. Lanchoney asked Mr. Fischer to look into the situation, but got no response. He also tried to talk to the owner, Mr. Szabo, but he would not cooperate. Mr. Lanchoney felt the lights should have been shielded or directed away from the residential area. Mr. Lanchoney said he was asking for the variance in hopes the garage would offset some of the light and noise. Mrs. Bl~zi hrol1ght up the poss- ibility of having the light turned slightl) or shielded, and asked Mr. Lanchoney if he would still pursue a variance. He felt if the lights were taken care of the the so called "natural" barrier were properly maintained it would help. He added he had collected several golf balls that had hit his house, because there were people on the course while under the influence of alcohol. The four (4) foot chain link fence does not do any good. The Board discussed communicating with various City officials before considering the variance request. Mr. Lanchoney stated he had planted thirty two (32) Camphor trees along the side of the property in hopes it would be a natural buffer in the future. Mrs. Blazi pointed out the Planning and Zoning Board could not deny that particular use to the developer, because it was permitted. Mr. Bennington asked if Mr. Lanchoney was aware the abutting property was zoned B-3. He said he did know, but he had no idea it would disrupt a residential community to such a great extent. - 2- :J J o o Mr. Hardester moved to accept the application. Mrs. Blazi reminded him the public hearing was still open, but asked for a motion to close. Mr. Garthwaite so moved. Mr. Garthwaite started a discussion of the definition of a buffer. He felt the Buffer at the miniature golf course was not adequate. Mr. Bennington felt the problems could be looked into before deciding on the variance request. Mrs. Blazi asked for a motion to "table this until the Secretary could contact the departments involved, and information on the exact criteria that was set for this golf course when it was granted~ Mr. Bennington so moved, seconded by Mrs. Martin. Motion Carried 5-0. Mrs. Blazi called for a ten (10) minute break at 8:15 p.m. The meeting was called back to order at approximately 8:25 p.m. Ferdinand & Mildred Grillo 301 Seagull Court Variance to increase existing patio slab and enclose with familyroom: Mr. Gri110w stated his home was on a corner lot and he wanted to increase his existing 8x10 slab to 12x32 then enclose it with a family room similar to the existing house with heat and airconditioning. The Board discussed the zoning of the subdivision. Mrs. Blazi pointed out there were ten (10) requests that had gone to the Board of Adjustment. One (1) request had been withdrawn, three (3) were permitted to enlarge the existing slabs and the rest were either approved or forwarded to the Council for a decision. Mr. Garthwaite stated some went to Council, because the Board of Adjustment did not want to be responsible for setting a precedent. He added that some people built florida rooms even though the variances granted were for screen rooms. Mrs. Martin stated the Building Official felt he could change the screen room approval to a florida room if that's what the applicant wanted. Mr. Grillo felt he was entitled to the samething everyone else ln the neighborhood had. Mrs. Blazi called for a motion to close the public hearing. Mr. Garthwaite so moved. The Board discussed the fact that the problems in the subdivision keep compounding. Mr. Garthwaite moved to deny the request on the grounds the setback is not large enough to build. Mr. Bennington seconded. The Board informed Mr. Grillo he could appeal his case to the Council. Mrs. Blazi asked if Mr. Garthwaite would like to amend his motion to show the five (5) criteria had not been met. Mr. Garthwaite preferred to go through the criteria and withdrew his motion. Mr. Bennington withdrew his second. The Board .voted on the criteria. A 0-5, B 1-4, C 1-4, D-3-2 and E.0-5. Mrs. .Blazi called for a vote to deny this as it did not meet the criteria. Mr. Garthwaite so moved, seconded by Mr. Benn- ington. Motion Carried 4-1. Mr. Hardester voted to approve it. Luis Geil Special Exception to allow gas pumps at 30th Street and India Palm Drive aka Old Tyme General Store: Mrs. Blazi stated this item had been tabled at the last meeting pending information from the Fire Safety Inspector and the Superintendent of Utilities. Mr. Geil had technical information to hand out and brought the owner of the project, a representative from the equipment company and two represen- tatives from the oil company in case the Board had any further questions. Mrs. B1azi asked if he was going to pursue the approved convenience store at 31st Street and India Palm Drive. Mr. Geil was considering utilizing the property for mini-warehouses at this time. Mr. Hardester asked how far the pumps were from the road. Mr. Bennington stated the plans showed twelve (12) feet from the island to the curb and another five (5) feet to the property line. Mrs. Martin moved to close the public hearing. Mrs. Martin moved to approve the request to permit installation of gas tanks and pumps at the Old Tyme General Store, seconded by Mr. Garthwaite. Mrs. Blazi asked if the Board wanted to go through the criteria. Mr. Garthwaite did not feel it was necessary as the Board of Adjustment had approved this previously, but the special exception time period had run out, so Mr. Gei1 had resubmitted. Motion Carried 4-1. Mr. Hardester voted no. -3- Q o SITE PLANS: SP-8801 Luis Geil Bosgraaf Building 1922 Hibiscus Drive B-2: Mr. Geil stated the site plan had been approved by the Planning and Zoning Board, the permits were pulled and construction of the building was completed. The owner had purchased two (2) adjoining lots to the south and changed his plans without realizing he should have come back before the Planning and Zoning Board for approval. Mrs. Blazi felt the Building Official should have been aware of what was going on since he did have a set of the plans. Mr. Bosgraaf stated he wanted to use the site as water retention so he flipped the plans, and Mr. Fischer knew what he had done. Every- thing proceeded as usual until he tried to get his certificate of occupancy from the Building Department and he was denied. Mr. Geil then went to the Planning Department and found he would have to submit a site plan application and go to the Land Development and Regulatory Agency for approval, and the application would be treated just like any other application for site plan approval. Mr. Bosgraaf explained the old plan showed paving and inground water retention. Mr. Geil added that Mr. Bosgraaf had signed the paving waiver as required by the City. He added that in the future Mr. Bosgraaf wanted to put up another building and put in the underground storm- water system that is required. Mr. Bosgraaf stated he wanted the paving and water retention approved from the old site plan, or he would have to go back to Mr. Geil at a later date to have the plans drawn up again. The Board discussed the paving waiver. Mr. Bennington moved to approve the site plan pending engineering approval and pending that if, in fact, the land stayed in this condition when the paving took place it would be the whole driveway. If it was modified later to another use, the owner would come back to the City. Mr. Garthwaite seconded the motion. (motion clarified: If we reach a point in time when the paving takes place and they have not been back for a modified site plan to do something with the other lot, then the whole driveway would have to be paved.) Mrs. Blazi stated she had worked some with Mrs. Bosgraaf in real estate and did not know if there would be any conflict of interest to be considered. The Board did not feel there was a problem if no monies had changed hands. Motion Carried 5-0. SP-8619, Amended Huntley-Jiffy Stores 811 Indian River Boulevard B-2: Mrs. Blazi asked for a motion to table this as there was no applicant present to discuss this with the Board. Mr. Garthwaite so moved, seconded by Mr. Bennington. Motion Carried 5-0. EXTENSION REQUESTS: Luis Geil SP-8704 Hibiscus Drive between 22nd & 23rd Street B-2: Mrs. Blazi noted the plan had been approved by the Planning and Zoning Board in April, 1987. Mr. Bennington asked about the conditions for granting the approval. Mr. Geil stated the amendments to the site plan had been made. The Board went through the criteria for granting the extension. The reason for the request: payments of financial obligations have been delayed and the owner has been temporarily held up in proceeding with construction. The Board discussed the fact that the ordinance citing the criteria should be clarified to state all criteria must be met before the extension can be considered. Mrs. Blazi asked for a motion to extend SP-8704. Mrs. Martin moved to grant the six month extension, seconded by Mr. Hardester. Motion Carried 5-0. Jack & Margie Winkler SP-8707 W. Park Avenue: Mr. Bennington pointed out the reason for the request was because the loan application sub- mitted by the applicant had not gone through yet, and it was basically the same problem as the previous extension request. Mr. Bennington moved to grant the six (6) month extension, seconded by Mrs. Martin. Motion Carried 5-0. OFFICER REPORTS/BOARD MEMBER REPORTS: Mrs. Blazi stated there was no miscellaneous on the agenda, but she wanted communications listed on future agendas. People wanted to address the Board should make their request in writing with a summary of what they wish to discuss. If they have complaints, we will want them to provide back up. Mr. Bennington suggested that this should be handled toward the end of the meetings. -4- J (J ~ . - Mrs. Blazi noted the minutes of the last meeting were not ready, as the secretary had been running the entire department on her own. Mrs. Blazi added she had asked the City Manager for temp- orary clerical help in the Planning Department. Mr. Hardester felt the items coming to the Land Development and Regulatory Agency (L.D.R.A.) were due to problems with the Building Deparment and Code Enforcement. Mrs. Blazi pointed out Code Enforce- ment was under the Building Department. Mr. Bennington noted a section in Ordinance 88-0-8, which formed the L.D.R.A., and felt a lot of the problems could now be dealt with. Mr. Bennington informed the Board there was a possibility Mr. Fischer had given permission to create nonconforming lots in Carlson Cove, and had issued building permits for the lots. Mr. Bennington con- fronted Mr. Fischer and discussed this with the City Attorney, who agreed nonconforming lots had been created, because only two (2) of the required three (3) criteria had been met by the applicant(s). Mr. Bennington added Mr. Alvarez had spoken to Mr. Fischer about the same type of things on other occasions. Mr. Hardester stated there was a house under construction at 109 Thomas Street and someone had been living on the premises for over a year. There is a temporary electric hook up and the water had been hooked up on January 12, 1987. Mr. Hardester stated no c.o. had been issued yet. Mr. Fischer gave the property owner thirty (30) days to complete the exterior of the house and he didn't think the Building Official had that authority. Mr. Bennington stated Mr. Fischer was under order by Council to charge for re-inspections, but it was not being done. Mr. Bennington moved to send a letter to Mr. Kelly informing him of the complaints he and Mr. Hardester had brought before the Board at this meeting, and if Mr. Kelly needed any other information, the members would be able to help him. Mr. Garthwaite seconded. Mrs. Blazi said she had complained about the violations at McGreggor's and the Daytona Rent-all, but nothing was being done because of the Building Official. The Board agreed the ordinances were in the book, but they were not being enforced. Motion Carried 5-0. Mr. Bennington discussed having an alternate Board member so there will always be at least four (4) members who concur on an item. Mr. Hardester wanted to know if it was possible to take the existing enclaves into the City limits. Mr. Bennington stated he was aware of three (3) ways: voluntary annexation, involuntary annexation and petitioning the State Legislature. Mr. Bennington stated he had reviewed the City Charter and found all fire department personnel must be residents of the City. He questioned why the fire chief was able to live in the County and not in the City. ~ There being no further business to come before the Board, Mr. Garth- waite moved to adjourn, seconded by Mrs. Martin. The meeting adjourned at approximately 10:00 p.m. Minutes respectfully submitted by: Beverly Kinney, Board Secretary Land Development and Regulatory Agency Regular Meeting Thursday, April 14, 1988 -5-