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01-09-1984 OQ CITY OF EDGEWATER ZONING COMMISSION REGULAR MEETING JANUARY 9, 1984 Minutes Vice-Chairman Stewart called the regular meeting to order at 7:00 P.M. in the Shuffleboard building. ROLL CALL Members present: Messrs. Stewart, Sadowski and Wheeler. Mr. Landry was absent. Also present: Earl Wallace, Richard Webster and secretary, Susan Mista. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the November 28, 1983, meeting, seconded by Mr. Sadowski. Motion CARRIED 3-0. NEW BUSINESS Vice-Chairman Stewart said there is an application before the Board by Richard Webster to rezone the property located at 111 East Park Avenue from R3 to B3 to allow a new and used furniture business in this.location. Earl Wallace was present to represent the applicant. He informed the Board members that east of Mr. Webster's property is the City water plant. It is their opinion that this is not spot zoning because they are contiguous to the point there are two lots - one to the north and Mr. Webster's to the south that is R3 and it is completely encircled by B3 and three easements - Park Avenue, Wilkinson Lane with Mr. Tingle's property to the north and Mr. Webster to the south. There are no other properties involved. Mr. Webster's property is completely isolated and does border B3, therefore, in his opinion this is not considered spot zoning. The business Mr. Webster is proposing to operate from this location does comply with the B3 Permitted Uses. Mr. Wallace further advised the Board that the Planning Commission said that this request does comply with the Comprehensive Plan. Regarding the parking facilities that are required, Mr. Wallace stated that when Mr. Webster applies for his occupational license, he will, at that time, be required to comply with the parking requirements as provided by the Code. Mr. Wheeler questioned who owns the houses behind Mr. Webster. Mr. Webster advised that one house would be his living quarters; the other house is owned by Mr. Tingle. Mr. Webster advised that Mr. Tingle has given written permission to operate this business in this area. Mr. Wheeler said it was his opinion that this is a matter of ~pot zoning since Mr. Tingle does not wish for his property to be rezoned B3. Mr. Wheeler advised that the parking requirements should be shown on the plan that was submitted with the application. He said there is not enough parking spaces afforded on this property to meet the Code requirements. Mr. Wallace reiterated that when Mr. Webster applies for his occupational license he will then be required to comply with the Code regarding the parking spaces. Vice-Chairman Stewart suggested that if the Board approves this request, the motion could include the stipulation that this application must comply with the parking requirements. Mr. Wheeler said he would not vote for it until the parking is shown on the plans. A discussion then ensued concerning the parking spaces required for this type of business in this zone. It was Mr. Wheeler's opinion that the parking spaces must be shown on the drawing before this application is voted on. Q o Mr. Wheeler made a motion that this request be tabled to the next meeting and the plans be resubmitted, showing the parking spaces. Mr. Sadowski seconded the motion. Mr. Wallace advised the Board that he is not asking for anything at this time other than rezoning and he felt the Board was being unreasonable in asking that new plans be submitted showing the parking spaces. He stated that their request has nothing to do with what the intention of the business will be, they ave only asking for rezoning. Mr. Wheeler said that the application states the reason for the rezoning request. A discussion ensued again concerning the parking requirements. A roll call was taken on the motion, which CARRIED 3-0. Mr. Wallace asked the Board members if all they were requiring is a site plan showing the required parking spaces. The members agreed that that was what they wanted to see before they voted on this request. Vice-Chairman Stewart began a discussion concerning whether the Board should appoint a Chairman and Vice-Chairman this month or to carryon as a Board of three members for the remainder of the month, due to the fact that the terms expire the first of February for Mr. Stewart, Mr. Landry and Mr. Sadowski. He stated also that the Board is in need of three more members to be appointed to enable the Board to function properly. Mr. Sadowski advised the Board members that he did not wish to serve on the Board after his term expires. He stated that he did not feel that the Council was interested or followed through with any of the recommen- dations that this Board has presented to them and it was his opinion that serving on the Board was a waste" of time. He said that Council over-rules the Zoning Board's recommendations, they have ignored the recommendations sent to them by the Zoning Board, so why should they go through the motions - 1 to no avail. He said this was his feeling and he felt he could spend his time more usefully somewhere else than serving on the Zoning Commission. Mr. Wheeler made a motion that the Board request that City Council reappoint Greg Stewart to the Zoning Commission when his term expires on 2-3-84, and further request that Council appoint three members to the Board. Mr. Sadowski seconded the motion. Motion CARRIED 3-0. A discussion then began concerning the request from Connie Kinsey regarding Council's request that the Zoning Commission recommend a change in the zoning laws to regulate the number of the same type of businesses located in a given area. It was Mr. Wheeler's suggestion that a moratorium be placed on licenses issued to all establishments serving alcoholic beverages over the counter. Mr. Stewart said that he felt that would stop any new establishment from coming into the community that might be good for the Gity, and he gave as an example the Iron Horse Inn. It was his suggestion that more study be given to this situation, that the secretary make up a list of the establishments in the City that serve alcoholic beverages and their location and this matter be put on the agenda for the next meeting to review same. All of the members agreed to table this to the next meeting in order to secure more information and study this in greater detail. Vice-Chairman Stewart suggested that they table the review of the 880 Ordin- ance concerning the Permitted Uses in the B zones to the next meeting. There being no further business to come before the Board, upon motion made by Mr. Wheeler to adjourn, seconded by Mr. Sadowski, the meeting was adjourned at 8:05 p.m. Minutes submitted by: Susan Mista -2- loning Commission Meeting January 9, 1984 o Q Date 00__hIA(I~-1J Cl, I~ ;3 Z 0 r-.. l'~ C~l"A~"=>-S lOW'-- ~e'f....t-I~ \ ? '""'- ')/ ?- .