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03-29-1988 ~ t ~ v ~ LAND CITY OF EDGEWATER DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING TUESDAY, MARCH 29, 1988 7:00 P.M. CONFERENCE ROOM, CITY HALL City Attorney, Jose' Alvarez, called to order the first regular meeting of the Land Development and Regulatory Agency at 6:59 P.M., Tuesday, March 29, 1988, in the conference room of City Hall. ROLL CALL: Members present were: Nancy Blazi, Don Bennington, Robert Garthwaite, Sue Glover, Harold Hardester, Billy Klein and Louise Martin. Also present were Jose' Alvarez, City Attorney, Susan Wadsworth, Acting City Clerk and Beverly Kinney, Agency Secretary/Temporary Planning Assistant.' Mrs. Wadsworth swore in the members of the Land Development and Regulatory Agency. ELECTION OF OFFICERS: Chairman: Mr. Garthwaite nominated Nancy Blazi. Mrs. Glover nominated Louise Martin. Mr. Klein nominated Don Bennington. There were no other nominations, and Mr. Alvarez called for a vote. The nominiation of Mrs. Blazi failed 5-2. The nomination of Mrs. Martin failed 4-3. The nomination of Mr. Bennington failed 4-3. Mr. Hardester nominated Mr. Klein. Mrs. Glover nominated Mrs. Martin. Mr. Garthwaite nominated Mrs. Blazi. There were no other nominations. The nomination of Mr. Klein failed 4-3. The nomination of Mrs. Martin failed 4-3. The nomination of Mrs. Blazi failed 4-3. Mr. Garthwaite nominated Mrs. Blazi. Mr. Bennington nominated Mr. Klein. There were no other nominations. The nomination of Mrs. Blazi passed 5-2. The nomination of Mr. Klein failed 4-3. Mrs. Blazi was elected chairman. Vice Chairman: Mr. Klein nominated Mr. Bennington. Mr. Garthwaite nominated Mrs. Martin. The nomination of Mr. Bennington failed 5-2. The nomination of Mrs. Martin passed 5-2. Mrs. Martin was elected vice-chairman. Mr. Alvarez turned the meeting over to Mrs. Blazi. VARIANCE REQUESTS: Michael Brewer for James Davenport for a variance from parking requirements of the zoning ordinance requiring two (2) parking stalls for retail sales at 105 N. Ridgewood Avenue zoned B-3: Mr. Bill Hathaway, associate of Mr. Brewer, was represented Mr. Davenport. Mr. Garthwaite questioned whether the Board could penalize the owner, because the building and parking were there prior to the current zoning ordinances. The Board discussed parking availability. Mr. Hardester felt the-~ign~t~kiug~~p a parking stall in front of Edgewater Red and White should be dealt with. Mr. Hathaway explained that Mr. Dedes would be leasing the unit for the retail sale of donuts on a carry out basis. Mr. Hath- away felt it should be considered a nonconforming use, because the unit had been used within the past six (6) months, to the best of his knowledge. Mr. Hathaway pointed out the Board could be denying the property owner use of the three hundred fifty (350) square foot unit, as there are no sites available to expand the parking. -1- ~ ~ J. Davenport variance request continued: Mr. Andre' Baron, partial owner of Edgewater Red and White, thought the unit was used within the last six (6) months for an office to make decals, or printing. He was all for another business going in as long as it did not interfere with his parking needs. There was some discussion as to the previous types of businesses that were in the unit. Mrs. Blazi pointed out a change of use would affect the parking requirements. Mr Hathaway felt since the parking regulations did not differentiate between service and retail, the use should not be an issue. Mr. Bennington felt denying this request would not be depriving the owner of the use of the unit as the Red and White could use it as storage. He also felt the circumstances or conditions did result in the actions of Mr. Dedes, the applicant, as he did not have to lease that particular unit. Mr. Hathaway felt the property had always been used as three (3) separate businesses and by removing the sign, a total of nineteen (19) parking stalls would be available. The Board discussed the amount of traffic the proposed donut shop would create. Mr. Dedes stated his business hours would be from 5:30 am to approximately 2:00 pm. Mr. Hathaway did not feel the applicant had caused his own hard- ship, and he felt all the criteria had been met to grant the variance request. Mr. Garthwaite reminded the Board a variance would go with the land, not with the use. Mr. Alvaraz felt any change of use would force the applicant to apply for a variance. The Board discussed the five (5) criteria to determine if the request met the requirements to grant a variance. The applicant failed to meet criteria A: 5-2 and B: 4-3. Mr. Garthwaite stated that failure to meet A and B of the criteria meant the request would have to be denied. Mr. Hathaway felt the Board's action constituted a condem- nation and the matter would be pursued in court. After some discussion Mr. Klein moved to table the request, seconded by Mr. Garthwaite. The motion carried 4-3. Mr. Alvarez stated the Board needed to know the occupational license history since 1974, as it would tell the types of uses and settle the issue of abandonment. Janice M. Byrd for a variance to enclose an existing concrete slab with a screen room at 212 Azalea Drive: Mrs. Byrd's interior side setback is 7.5 feet and the current requirements are 10 feet. The Board discussed the possibility of increasing a nonconforming structure by granting the variance. After discussion and input from the City Attorney, the Board did not feel enclosing the slab to meet the existing utility room would be increasing the nonconformity, as it did not encroach beyond the existing structural line. Mr. Hardester moved to grant the variance, seconded by Mrs. Glover. Mr. Alvarez stated this was no longer to be considered a request for a variance. Mr. Hardester withdrew his motion. Mrs. Glover withdrew her second. Mr. Hardester moved that the request for this particular item be approved by the committee as it was not in violation of section 400.03, subparagraph a. Mrs. Martin seconded. Motion carried 6-0. Mr. Klein moved to recess, seconded by Mrs. Martin. The meeting recessed from 9:00 p.m. and was called back to order at approximately 9:05 p.m. Norman Cox for a variance to construct a double car garage with storage at 2057 Guava Drive: The Board discussed Cocoa Palm Drive, which abuts the property. It was determined the road may be physcially, but not legally abandoned. The right-of-way consisted of a 25 foot wide graded road and a drainage ditch. Mr. Alvarez stated if the City owned the right-of-way, it may be of interest or value to the City. The Board agreed they needed to know if the City owned the right-of-way, and there interests before considering a variance. There was some discussion as to whether Mr. Cox intended to use the proposed structure for his business, because the sketch plan submitted showed workshop areas. Mr. Cox stated it was a misprint and was to be for storage. -2- r Q o N. Cox variance request continued: Mr. Bennington moved to table the request for the following reasons: Correct the request to 25 feet as per the Code book, send request to the department heads for their opinions on any adverse affects that may be caused by approving a zero lot line, and a report on any interests the City may have on the right-of-way. Mr. Garthwaite seconded. Mr. Alvarez asked if the request met the variance criteria, and if there was another location on the property the garage/storage structure could be located. Mr. Bennington withdrew his motion. Mr. Garthwaite withdrew his second. The Board went through the five (5) criteria for granting the variance. The Board voted A 7-0, B 4-3, C 7-0, D 7-0, E 7-0. Mr. Bennington moved to deny the request, as it did not meet any of the criteria. The motion was seconded by Mr. Garthwaite. Motion Carried 7-0. Mr. Alvarez stated it was up to Mr. Cox to pursue possible vacation of the street, if he wished to do so. SPECIAL EXCEPTIONS: Luis Geil to allow gas pumps at Old Tyme General Store in the B-2 district: The Board noted the request had been approved on April 14, 1986, but had expired. Mr. Klein brought up the hazards this would create regarding fire protection and the water supply for the area (30th Street to 36th Street). Mrs. Blazi went through the Department Head comments and the Board discussed the possible dangers of allowing gas pumps so near a residential area. The Board voted on the five (5) criteria. The request failed to meet the criteria, but there was some question as to whether voting no to B: the requested use will not impair the character of the surrounding or adjoining districts, not be detrimental to the public health, morals or welfare, and voting yes to D: adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided for were conflicting. There was also conflicting information from the Department Heads, per Mr. Klein, as the Utilities Department gave him a different response verbally, than what was presented to the Board. Mr. Garthwaite moved to table this pending more information about adequate water, the closest fire hydrant, and input from the Fire Inspector. Mrs. Glover seconded. Mr. Garthwaite pointed out the Board had denied the request on hearsay regarding available utilities, but Mr. Klein asked how the Board could table the request when it did not meet the criteria. Mrs. Blazi asked ro a motion stating the special exception had been denied and that Mr. Geil should resubmit in order for the request to more thorough information. Mr. Garthwaite called for the vote on his motion to table. Motion Carried 6-1, with Mr. Klein voting no. REQUESTS FOR EASEMENTS: Michael Hilldale requests easement to cross buffer at intersection of Alamanda Drive and Banyan Tree Drive for access to his property located in the County: Mr. Bennington felt if Mr. Hilldale wanted the easement he should annex into the City. His reasons were that the County has more permitted uses in the residential zoning affecting Mr. Hilldale, he would not be paying any taxes even though he would have easy access to City streets and the City taxpayers, not Mr. Hilldale, would probably pay for the paving of the street fronting his property when the street was paved. Mr. Hilldale stated he did have another means of access to his property through the County, but economics had forced him to come before the Board, ie: the cost of the alternate easement would be approximately $6,000.00, the back part of the lot is in the floodzone and he cannot afford to pay the high flood insurance rates, and the tie in for water is located on Alamanda. Mr. Wargo of 2 Pines Edge talked about the problems with Cherokee Ridge the City has faced since giving the residents access to 12th Street. Mrs. Blazi pointed out the Board should not be dealing with the past, but concentrating on this request, and judging it on its own merit. Mr. Klein moved to deny the request, seconded by Mr. Bennington. Mr. Klein stated if the request were approved without annexation as the City has no control over what Mr. Hilldale can do with the property. Mr. Bennington approved the amendment. Motion Carried 7-0. Mr. Garthwaite informed Mr. Hilldale he could appeal to the Council if he so desired, or he could pursue annexation. -3- ---. - -~ \ ~ . Q 'I ~ MISCELLANEOUS: The Board discussed and decided to hold their regular meetings on the second Thursday of each month at 7:00 p.m. They discussed getting more information from Department Heads regarding items coming before them. Mrs. Blazi asked the Board's permission to get temporary help for the Board Secretary, because of the heavy workload. Mr. Klein stated the Interim City Manager was currently negotiating with Mrs. Plaskett, former Planning Assistant, so there may not be a need to bring this up. Mr. Bennington asked that each member be supplied with current zoning, water and sewer maps. Mrs. Martin asked that a location map be included with each item the Board would hear. There was some discussion, but no decision made regarding the By-Laws to be adopted. Mr. Klein asked that the packets be ready at least ten (10) days prior to the meeting. Mrs. Blazi didn't feel that would always be possible due to cut off dates for the agenda. She asked the packets be made available as far in advance of the meetings as possible. Mrs. Blazi asked for a motion to adjourn. Mel Wargo 2 Pines Edge was given the floor: He talked about the country store on Park Avenue and the way the water retention was placed. He also talked about storage garages being converted into other uses and he felt that was a violation of the zoning ordinance. The Board members talked about other sites where the same types of conversion had taken place. Mr. Wargo said he was impressed with the Secretary because she had a person coming before the Board for not formally amending his site plan with the City prior to construction. Mrs. Glover informed the Board she would be out of the country from April 12, 1988 to May 24, 1988. The Secretary informed the Board their next meeting would be on April 14, 1988, at 7:00 p.m., in the Community Center. Mr. Hardester asked that not everyone speak at the sametime during the meetings, as it must be difficult for the Secretary to transcribe the events of the meeting. There was no further business to come before the Board. Mrs. Martin moved to adjourn, seconded by Mr. Klein. The meeting adjourned at approximately 10:50 p.m. Minutes respectfully submitted by: Beverly Kinney Board Secretary Land Development and Regulatory Agency First Meeting Tuesday, March 29, 1988 -4- ;' I