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10-24-1983 o 0 CITY OF EDGEWATER ZONING COMMISSION REGULAR MEETING OCTOBER 24, 1983 Minutes The regular meeting of the Zoning Commission was called to order by secretary, Susan Mista, at 7:00 P.M., in the Community Center. ROLL CALL Members present: Messrs. Stewart, Wheeler, Sadowski and Landry. Also present: Frank Opal and secretary, Susan Mista. APPOINTMENT OF VICE-CHAIRMAN Susan Mista opened the floor for nominations for Vice-Chairman. Mr. Wheeler nominated Mr. Stewart for Vice-Chairman, seconded by Mr. Sadowski. There being no other nominations, the floor was closed. Upon roll call, Mr. Stewart was nominated Vice-Chairman by a unanimous vote of 4-0. Mr. Stewart then took over and presided over the meeting. NEW BUSINESS Application for rezoning by Robert Roleau from B3 and B4 to BS for proposed shopping center on U.S. 1 and Marion Avenue. Mr. Stewart questioned the secretary as to whether or not Mr. Roleau had been advised of tonights meeting. The secretary advised the Board that Mr. Luis Geil, who was the representative for Mr. Roleau, had come into the office and informed her that Mr. Roleau was going to drop the applic- ation for rezoning, that he had changed his mind and was not going to proceed with this application. Nothing has been received in writing from Mr. Roleau or Mr. Geil in this regard. Mr. Wheeler made a motion to table the application for rezoning by Mr. Roleau until further notice. Mr. Sadowski seconded the motion. Motion CARRIED 4-0. Application for rezoning by Bill L. Porter from MH1 to MH2 for sale of mobile home lots, located on Carol Ann Drive. Mr. Porter explained that the property is non-conforming. He said he has split the property into 3 lots, rather than 4, so that it will be defined as a minor subdivision, rather than a major subdivision. He is surrounded on three sides by mobile home zoning. There isn't enough land there to rent the lots, it is his intention to sell same. He said he has been paying taxes on the lots for ten years and would like to sell them. Mr. Wheeler stated that the subdivision has to have 5 acres. Mr. Porter said a minor subdivision only is required to have 2 acres. Mr. Porter gave each member a copy of a page in the Code Book that is listed as a "minor subdivision". The page is 1710. Mr. Landry stated that that was just a definition of a minor subdivision and has nothing to do with the requirements under MH1 and MH2. Mr. Porter said that is why he was coming before the Board to see what they could suggest for him to do with his property. All he wants to do is use his property. Mr. Wheeler stated it was his opinion that Mr. Porter take the matter before City Council and let them decide what to do with it. He also questioned whether or not Carol Ann Drive was a dedicated street in the City. Vice-Chairman Stewart read the letter from the Planning Board that stated they have reviewed the application and it complies with the Comprehensive Plan. Mr. Landry read the requirements under MHl as being 5 acres and for MH2 it is 10 acres. Mr. Porter's property is under one acre. Vice-Chairman Stewart said that it should go to City Council who could then turn it over to the Board of Adjustments for making the change in allowing the size of the property to be rezoned. He further added it would be an exception to o Q the Code if this Board recommended the zoning change when it IS not in complianoe with the zoning requirements. Mr. Wheeler made a motion that this application for rezoning be sent to City Council for their determination; that it does not meet the Code requirements and would have to go before the Board of Adjustments. Mr. Landry seconded the motion. Motion CARRIED 4-0. Garage Sale Permits Vice-Chairman Stewart stated that City Council referred this matter to the Board at their September 19th meeting. Susan Wadsworth, after reviewing the garage sale ordinances from several other cities, wrote out a proposed ordinance and said proposal was read to the members. Vice-Chairman Stewart asked for discussion. He said the problems are with the signs, placement of signs and parking. He stated it was almost impossible to control the parking. Mr. Wheeler said the closing time for the sales should be cut off at 5:00 p.m., not sundown. The summer months would enable the sales to continue to as late as 8:30 or 9:00 p.m. as being sundown. Mr. Landry stated he didn't think the signs should be allowed anywhere except on the personal property of the person having the sale, only. Vice-Chairman Stewart said there is no fee at the present time for a permit. He thought the $2.00 fee was adequate. After further discussion regarding garage sales, Mr. Wheeler made a motion to forward to Council the proposed Ordinance Susan Wadsworth composed, adding to it that the hours of operation be limited to 8:00 A.M. to 5:00 P.M., each day, the signs to be removed at 5:00 P.M. on the final day of sale, and signs are to be allowed on the permittes property, only. Mr. Landry seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS Vice-Chairman Stewart brought up the subject of combining the Boards again. He stated there is definite talk of combining them and he wanted to get the Board's views concerning this subject. A vote needs to be taken and sent to Council. They propose to combine the two Boards with the full membership that they now have and after re-election of Council they will make the Board a 7 member Board with 2 alternates. After a discussion of combining the two Boards, it was the unanimous decision of the members that the two Boards remain separate. Vice-Chairman Stewart suggested that they send a letter to Council asking that another member be appointed to this Board due to the fact that Mr. Siciliano is ill and unable to attend the meetings. They have no alternate member at this time. Mr. Sadowski automatically moved into the permanent member position when Mr. Cochran resigned. Mr. Wheeler made a motion that a letter be sent to Council, asking them to appoint an alternate member to the Board. Mr. Landry seconded the motion. Motion CARRIED 4-0. Mr. Wheeler made a motion that Mr. Sadowski be appointed a regular, perman- ent member of the Board. Mr. Landry seconded the motion. Motion CARRIED 4-0. APPROVAL OF MINUTES Mr. Wheeler made a motion to approve the minutes of the September 12, 1983, meeting. Mr. Sadowski seconded the motion. Motion CARRIED 4-0. There being no further business to come before the Board, upon motion made by Mr. Wheeler to adjourn the meeting, seconded by Mr. Sadowski, the meeting was adjourned at 8:00 P.M. 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