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06-13-1983 o o CITY OF EDGEWATER ZONING COMMISSION REGULAR MEETING JUNE 13, 1983 Minutes Chairman Siciliano called the regular meeting to order at 7:00 P.M., in the Community Center building. ROLL CALL Members present: Messrs. Siciliano, Stewart, Sadowski, and Cochran. Mr. Wheeler was excused. Mr. Landry was absent. Also present: Frank Opal, Susan Mista, secretary, and one member of the press. APPROVAL OF MINUTES Moved by Mr. Cochran and seconded by Mr. Sadowski to approve the minutes of the May 23, 1983, meeting. Motion CARRIED 4-0. Chairman Siciliano stated that the next item on the agenda was to review 880 Ordinance but they would go to New Business concerning the occupational licenses so as not to hold up the people present at the meeting concerning this matter. NEW BUSINESS City Occupational License for Randy Nelson, Randy and Lee Schwoerer - RAD Surfboards All three applicants were present. Chairman Siciliano advised the applicants that the Board cannot grant them the license, they can only give advice to Susan Wadsworth, the Deputy City Clerk. Mr. Nelson asked whether she has the authority to grant the permit. Chairman Siciliano stated she has the authority but she has to go by the regulations. Mr. Nelson advised that they intend to use the warehouse for making some surfboards, repairing same, no retail will be operated from it. He stated the petition stated surfboard manufacturing. That is the only way they can purchase the materials wholesale. He asked what the law stated - how it reads. Chairman Siciliano advised it was a B2 neighbor- hood business district. He then read from the Ordinance concerning the businesses allowed under permitted uses in that district. Mr. Cochran asked if this was a mini warehouse, to which Mr. Nelson replied, yes. Chairman Siciliano advised that as he reads the Ordinance, surboard manufacturing is not covered in the Ordinance. Mr. Nelson said he called City Hall about three weeks ago and someone told him there would be no problem in getting a license, that there are three or four other surfboard manufacturers in the city of Edgewater. He stated when they went to get the permit, there was a problem and they were not allowed to get it. Mr. Cochran asked who confirmed that they would be allowed to get the permit. Mr. Nelson did not know the name of the girl they spoke with. Chairman Siciliano asked whether they were going to repair surfboards. Mr. Nelson replied that they were, that it was no big deal in what they were intending to do. Mr. Cochran stated it was a big deal, that they were going to make a living at it, to which Mr. Nelson advised that he was not going to earn a living at this business - he is a certified contractor and builds oceanfront homes on the beachside. Mr. Cochran advised that the mini warehouses are not set up for manufacturing build- ings. Mr. Schwoerer said he couldn't work out of his home and he wanted to get a license to operate his business. Mr. Cochran stated that they would be working with resins in this business and Mr. Nelson replied that it was similar to working on boats - just using one type resin. o o Mr. Sadowski stated he has worked with the resin on a boat and it is very tricky and if you don't know what you are doing, you could harm yourself for life. Mr. Nelson advised that one of his partners is a master and has worked with it steady for 10 years. Mr. Sadowski said it requires a ventilation system that the mini warehouses don't have. Mr. Nelson advised that they have fans straight through. In one of the rooms they have vents o~t from the side that draw from the front all the way through to the back of the building and a vent with a fan at the top. He said he chose this one because thefe wasn't an adjoining warehouse in the back so they could get the flow all the way through for ventilation. Mr. Cochran stated the mini warehouses are being abused, they do not have all the requirements for manufacturing. He said if they said OK and let them go in there and they have an explosive condition occur, they would be in big trouble for allowing the business to operate under conditions not condusive to this type business. Mr. Nelson questioned the large manufacturer on Park Avenue wherein they are producing 35 to 40 surfboards a week, they are talking about 2 to 3 a week, at the most. Chairman Siciliano stated there is one big differ- ence - that area is considered industrial. This is B2 business. He said he had spoke. to Mr. Nelson on the phone and advised him that the Council has this mini warehouse matter under consideration and they have referred it to the attorney. He said the Bdard should just table this request until the attorney gives a reading on it. Mr. Nelson asked if they applied for a location on Park Avenue, would they have any problem getting a license there. Mr. Cochran advised that if it was industrial, there would be no problem. Mr. Nelson said they had mini warehouses there, also. Chairman Siciliano stated that is an II zone and this is B2. They would have a better chance there, they would fall under manufacturing. B2 is a business neighborhood district. He advised it was up to the attorney - he is in the process of making a decision on this matter at the present time. Mr. Nelson stated they would be out the rent paid to the owner if they were not allowed to operate their business in the mini warehouse. Mr. Stewart suggested that he contact the owner and advise him that they wanted a refund because they could not open their business, as planned. Mr. Nelson advised that the owner didn't care what they were leasing the building for and would not refund their money. Chair-man Siciliano suggested that the Board table this until the attorney comes up with a reading regarding these mini warehouses. City Occupational License for Henry Vanderhoeven - Van's Auto Clinic Mr. Vanderhoeven was present concerning his application. He advised the Board he wanted to operate an auto repair business on Hibiscus, near 21st Street, working a couple of hours a week, at night, on his friends automobiles. Chairman Siciliano stated he has the same problem as the other gentlemen that were at the meeting. He advised Mr. Vanderhoeven that they have given their recommendations to the attorney on how to attack this problem and they are waiting for a reading. He said he has a problem also in that he has no restrooms. Mr. Vanderhoeven stated it wasn't needed for what he does. There would be no customers going in and out. Chairman Siciliano asked if there were any restrooms in the building anywhere. Mr. Vanderhoeven stated there are on the other end of the building, he thought. Mr. Stewart asked if he were renting two stalls. Mr. Vanderhoeven stated he was renting just one, but there are stalls on both sides of the building. -2- Zoning Commission Meeting Minutes June 13, 1983 I I o o Chairman Siciliano said that the same applies to his case, however, he has no restrooms which is another strike against him. Mr. Vanderhoeven stated there was water outside the building to wash up. Mr. Cochran stated so many of the mini warehouses are being used for the wrong purpose and it has to be stopped somewhere. He suggested the applicants find a place in the areas that allow them to operate their business. Mr. Stewart asked Mr. Vanderhoeven if this was his full-time occupation. He advised that it used to be but not now. Chairman Siciliano advised Mr. Vanderhoeven that he didn1t stand even a 50 - 50 chance with no restrooms. He suggested he start looking for a different place. Chairman Siciliano advised the Board that he received a call from the staff today regarding people who were present at the meeting concerning questions on rezoning. This is informal so that they don1t have to put in an application before they get the needed information. Joan Prince of NuDay Realty was present with Danny Anderson, the owner of the property in question. Ms. Prince advised the Board that the owner was going to be going out of town and he wanted her to act as his representative while he was gone. She advised the Board that the property is located on Wilkinson, right off of Park Avenue, by the water tower. There is a 501 strip that belongs to the City except for the 251 easement on the north side of the property. Chairman Siciliano stated it is zoned R3. Ms. Prince stated they want to put a duplex or multi-family unit there. The property is less than 3/4 of an acre - 130' x 2251. Chairman Siciliano asked if their purpose was to rezone to R4. Ms. Prince stated they wanted to achieve more density but did not know what the density was between R3 and R4. Chairman Siciliano stated they have to consider first the land use plan - the comprehensive plan; then they have to consider the Ordinance. He then read from the Ordinance that the total building shall not exceed 30% of the total land. This is under R3 zoning. Mr. Anderson stated there is a multi-family house next to this property. Chairman Siciliano stated it was not a duplex. Duplexes are different from multi-family residences. Ms. Prince stated this is what they were wanting- to find out, whether they can go to an R4. She stated that where the property is situated it doesn1t seem conducive to stay with a single family unit in that it is next to B3 on the highway, the City Hall, Library, etc. Chairman Siciliano stated R4 includes garden apartments, duplexes, etc., and the coverage is only 5% more than R3 - it is 35%. Ms. Prince said that would allow somewhere between five and six units after you add the parking facilities. Chairman Siciliano stated that the 35% does not include the parking area. Ms. Prince asked if you were allowed to figure 35% of the whole or do you take off everyting and then figure the 35%. Chairman Siciliano stated yes. He said that is the only control of density that they have. Ms. Prince stated this would not be a huge project - maybe 4 or 5 units, possibly townhouses where you would have common walls. Mr. Stewart stated it would require 60% open space and based on 5 units you would need 2,0001 for parking. This is under the R4 Ordinance. He stated she would have a little over 9,0001 for the building - 1,500 per unit. Chairman Siciliano advised that the requirements for multi-family dwelling were 40' for the front and rear yard to any front project boundary line; the minimum lot size per dwelling unit is 1,8001. He then read the various requirements under the R4 Ordinance. Ms. Prince asked whether the dwelling unit would be considered the entire duplex. Chairman Siciliano advised her not to confuse duplex with multi-family, they are entirely different. -3- Zoning Commission Meeting Minutes June 13, 1983 ~ o o Chairman Siciliano stated it still depends on the comprehensive plan for density. Ms. Prince said they wanted to see what they could do, that she knows that asking for a special exception is out, that they will probably go ahead and ask for an R4 rezoning. Chairman Siciliano advised that there are seven things that are needed to ask for rezoning. Ms. Prince said that Susan Mista has given her a copy of that list. Chairman Siciliano told her that she didn1t need a detailed drawing to go before the Zoning Board, but she would have to for the Planning Board. Ms. Prince stated they were not certain, at this point, what they intended to put on the property, whether it be duplex or townhouse. However, she said that it was not the best use for that particular property to put a single family dwelling on it. Chairman Siciliano told her that she should show that that was not the best use and it is not advantageous to the City. He advised the Zoning Board would not rezone something for someone to make money, they are not in that business. Ms. Prince thanked the Board for answering their questions and taking the time to review this situation with them. Chairman Siciliano advised her to present a letter, stating she was representing Mr. Anderson, and signed by him, for the Board when she came back with the proposal. She said she would take care of that. Chairman Siciliano brought up the subject of the mini warehouses. He stated he drove up and down Hibiscus and Guava, and after looking at them, it should be an II with all the fabrication iplaces, manufacturing, and people are living in the mini warehouses. Mr. Stewart stated a new duplex went up right between two businesses. Chairman Siciliano stated the builder should never have done that, it is his fault, because he feels the area is conducive to II. Mr. Sadowski said the owner of the property builds them to make money, without spending anymore than he has to, no facilities were built for them. He feels the owner of the property should be forced to see that restrooms are installed and fire safety precautions are enforced. Chairman Siciliano stated when they were built for mini warehouses, that was not necessary. Mr. Sadowski said they don't need that many warehouses in a town the size of Edgewater. Chairman Siciliano said there are lots of different businesses in these warehouses. He doesn't know what can be done about it. Chairman Siciliano then read from the minutes of the Planning Commission meeting of June 1, 1983, concerning the Subdivision Ordinance. He went on to read from the minutes the subject of mini warehouses that was discussed. Mr. Sadowski said that the owners should be held responsible for renting these buildings. Pressure should be put on him that he not be allowed to collect even one dollar, unless he specifically tells the renters it is for storage. If he wants to rent it for anything else, he must update the building according to the codes. The attorney should write the letters and send them to the owners to that effect. Chairman Siciliano agreed with him and said that the gentlemen that were here asking for a license to open up the surfboard business were not advised by the owner that they would not be allowed to get a license for that type business. Mr. Cochran said this has to be stopped somewhere along the line or years from now this same thing will be going on over and over again. Chairman Siciliano said he did not know if the City could send such a letter or not. He would ask the City Attorney about it. Chairman Siciliano continued to read the minutes of the Planning Commission meeting concerning video games. r-chairman Siciliano read the letter from Mr. Alvarez concerning the I ~~pact Fees. He stated they are having problems with the Impact Fee. One of the builders is wanting his money back or he is going to sue. It is listed in the Subdivision Ordinance and was put in there because it does impact the city. He said he doesn1t know what the attorney means by restrictions. He stated our Subdivision Ordinance specifically states it~ for recreation. Mr. Sadow~ki said it was for improvements in that area - not for the rest of the city. Chairman Siciliano said there was an impact on the recreational facilities of the city. The more people you get in - the more impact you have on the recreation facilities. -4- Zoning Commission Meeting Minutes June 13, 1983 ~ o o The Ordinance states 5% of the land value at the time or the same amount in land. Mr. Cochran said he feels the Ordinance is good, however, the builder is going to exercise his rights, too. The builder wants the impact fee to work in the area he is constructing. Chairman Siciliano said then you tell that builder that all his people have to stay out of this park. Mr. Cochran said the Impact Fee has to be used wherever the City feels it is necessary to use it because of the additional load that is being put on the City. A member of the audience who resides in Wildwood said they did not get anything, no impact fee, no land - and they are quite a way from downtown where their kids can participate in any type of recreation. His question was that in Mr. Carder's plot plan there is an area set aside for recreation. Mr. Cochran said there was no area there for recreation. Chairman Siciliano stated he would contact the attorney and ask him what he wants us to do concerning this Impact Fee. Chairman Siciliano advised the Board members to complete the Disclosure Statement sheet and return to City Hall by July 15th. He advised that the County Attorney has determined tha~ they have to fill them out. \ ;~ncerning Permitted Uses, Chairman Siciliano said they would work on ~em next meeting. Mr. Cochran stated there needs to be more power behind the Zoning Board. Chairman Siciliano said they have five things going before the City Council and he has heard nothing from them. They started out with multi- family in the business zone - he hasn't heard a word; video games - he hasn1t heard a word; last week they put in 2 or 3 more, even called a special meeting to get in in time. He said they were arguing about why have rezoning 6 times a year rather than 4. He explained to some of the Council the reason for that request. Another question was asked as tow h y r e qui ring 1 , 000 s qua ref e e t m i n i mum 1 i v i n gar ea. Mr. Sadowski said that he lived for 20 years in a 920 square foot house and raised 4 children in same. He felt that by requiring a house to be a minimum of 1,000' you are putting the possibility of purchasing homes out of reach for some people. Chairman Siciliano asked if the duplexes and townhouses that only require 7501 aren't adequate for the people who cannot afford a 1,0001 house. Mr. Sadowski felt that a duplex doesn't belong to the people, they rent them. Chairman Siciliano said they shouldn't tailor the Ordinance to an individual, but rather look at the City as a whole, and try to lift it up a bit. Mr. Sadowski said it would take a lot of Ordinances to lift up the City. He stated some of the people who live in houses even over 1,000 square feet don1t take care of the property, leave garbage allover the lawns, don't mow the lawns or take care of the appearance of same. Mr. Cochran stated there are Boards in the City to whom you can file complaints against these people and they can be made to clean up the property. Mr. Sadowski said the point he was trying to make is that it doesn't matter if someone lives in a house with 1,000 feet or even 2,000 feet - some people won't take care of their property and keep it in good appearance. Chairman Siciliano said they needed to set a standard and the Board agreed on 1,000 square feet. He said Mr. Sadowski wanted 950 square feet and there was not much difference between the two figures. Mr. Cochran stated if the requirement were 7501 there would be plenty of builders coming in with plans. Mr. Cochran made a motion to adjourn the meeting, seconded by Mr. Stewart. Motion CARRIED 4-0. Meeting was adjourned at 9:10 P.M. Minutes submitted by Susan Mista -5- Zoning Commission Meeting Minutes June 13, 1983 . o Date_j<!nD I ~\ I Cl g~ =6~c-~ ~~~~ ~ j~'1 L:QOP~ E~f ~\O .- (J .:.