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05-09-1983 Q Q CITY OF EDGEWATER Zoning Commission Regular Meeting Minutes May 9, 1983 Chairman Siciliano called the meeting to order at 7:10 P.M., in the conference area of the Community Center. ROLL CALL Members present: Messrs. Siciliano, Stewart, Wheeler, Landry and Sadowski. Excused: Mr. Cochran. Also present: Mr. Opal, Susan Wad~worth, John Stearns, Alice Murphy, Susan Mista, secretary, and a member of the press. APPROVAL OF MINUTES Mr. Siciliano motioned to accept the minutes of the April 25, 1983, meeting, seconded by Mr. Sadowski. The Motion CARRIED 5-0. COMMUNICATIONS Mr. Siciliano read the letter from Frank Opal, dated April 28, 1983, to the Board concerning verbal abuse. Mr. Sadowski felt that anyone causing problems such as verbal abuse should be escorted out of the meeting. Mr. Siciliano stated it was up to the Chair to control the meetings. Mr. Opal explained what happened concerning this matter, advising that the Chairman of the Board involved in this incident did not, in fact, say anything to this person at the time. Mr. Siciliano read the letter from Briley, Wild concerning the Sub- division Ordinance to the Board members. He summarized the letter by stating that all the contractors can build is four model homes, until final acceptance of the City of all municipal improvements. Mr. Sadowski asked what you are going to do if they go ahead and move in. Mr. Wheeler advised that they can't move in until they have a certificate of occupancy. Mr. Landry asked if they build four homes at one time and sell one, can they then build another one and still have four? Mr. Siciliano advised no, that the model home is not to be sold until the end, supposedly. There is no certificate of occupancy. They are saying they can build up to four model homes and they can't build anymore until final acceptance of the improvements by the City. By improvements they mean water, sewage, roads, etc. He assumed that what has been happening in the past is that they go on and build and aren't completing the improvements. They then sell the homes and after they are all sold out the citizens come to the City to take care of the streets, drainage problems, etc. Mr. Wheeler gave an example of Pelican Cove West that has not been accepted by the City. There is a meeting this week with the City and not all the improvements have been completed. There are 28 model homes there, all very small - one bedroom, one car garage, living room - these were just started a month ago and 14 are already under roof. Mr. Siciliano stated if the improvements are not accepted, he should not be issued the COls. Mr. Wheeler advised there are two houses already in, one has been in a month. Mr. Siciliano stated the problem is after the final plan has been approved, then it is recorded with the County, after it is signed, then they can sell without anyone stopping them. This letter says this may be a stop gap, they can't build anymore than 4 homes in the entire subdivision. until all the improvements have been accepted. The contractors have over a year and have to put up a bond - 150% or so. I Mr. Sadowski stated that under the Subdivision Ordinance they are supposed to put in all sewers, improvements, etc., before they start building one house. Mr. Siciliano advised that the Subdivision Ordinance doesn't really spell that out. Bril~y, Wild feels that the developer should be allowed to build some homes, to show them off, while they are improving the land so they can perhaps get some sales prior to completing the improvements. / o o Mr. Wheeler stated concerning Pelican Cove West, it is being built in three stages - one stage is almost finished - there are, he thinks, four more units to go up - that is the first stage, on the north side. The developer wants the City to accept that first stage. Mr. Siciliano advised he can do that provided he brings in his plans, they have been accepted, and he follows all of the improvements on the plan, then he can go into the second stage, provided he brings in plans for that stage. He doesn't know how the Planning Board approves them. But he cannot start the second stage until the plans have been approved, etc. Mr~ Siciliano suggested if the Board feels this is a justifiable request, they will have to work on a Subdivision Ordinance. It is in the 880, page 1703. It is a large Ordinance. He read the application fee section of the Ordinance to the Board, and on page 1719 he read the requirements for posting a maintenance bond. He stated that it doesn1t say anywhere in the Ordinance that they can't build and sell. Mr. Sadowski stated that he felt the builder should have approval of the Zoning and Planning Board before he can build. Mr. Siciliano stated that Mr. Sadowski is saying he has to have all the streets, utilities, street lights in, etc., and he thinks that will go over like a lead balloon. Mr. Sadowski advised that the same thing happened in Florida Shores. Mr. Siciliano stated that that did not belong to the City. Briley, Wild is concerned with new developments, they are trying to control the building until the utilities and all improvements are completed. If they do it the way Mr. Sadowski has suggested, the developer would have to work 6 to 7 months before he could start to build. Mr. Sadowski advised the Board that in his old town in Europe, they were required to put the sewers, water, lights, curbs in and then they built the houses, after that they put the roads in so the roads were not ruined before the project was completed. Mr. Opal stated that the plan goes to the Planning Department first - all the setbacks, sewers, etc. Mr. Wheeler made a motion to table-the letter concerning the request from Briley, Wild until the next meeting. Mr. Sadowski seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS John Stearns from Aqua Park swimming pool asked the Board if it would be possible to add some video games at the pool so that when the children are there they could take a break from swimming by entertaining themselves besides swimming, alone. He does not want to create a game room atmosphere, nor does he want to compete with any game room facility. He stated he was in an industrial zone. Mr. Siciliano stated it was I-I. Mr. Stearns stated he was requesting a special request to the Board to put the games in. Mr. Siciliano advised Mr. Stearns that any games over 4 are considered principle use and under that, accessory use. It was recommended to the City Council to have them in B-3 and B-5, which is all along the highway. None of them were recommended for industrial. Mr. Stearns asked if there was anyway this could be brought before the Commissioner. Mr. Siciliano answered that it has not been passed yet, however, there is a moratorium on all video games right now. He advised Mr. Stearns that he could go before the City Council when they have a public hearing and voice his desires at that time. He also advised Mr. Stearns that this Board has been discussing this matter for the past few meetings and it has been decided that the video games should be kept in the business sections, however, the Council has the final say. Mr. Stearns asked if this applied only if they put in over 4. Mr. Siciliano answered that he could not put in any if the Council approves their recommendations. If you are in commercial, 4 or over, that special exceptions applies in commercial and you have to apply to the Board of Adjustments. 3 or under, as long as you appear before the Zoning Board and comply with the recommendations, you can receive a license from the City. -2- Zoning Commission Meeting Minutes May 9, 1983 o o Mr. Landry asked if they could apply for a variance. Mr. Siciliano stated no, not unless it is allowed under special exception, according to the Code Book. Mr. Siciliano asked Mr. Stearns what else was in his area. Mr. Stearns advised that it was all industrial. Mr. Siciliano advised that the Board was concerned about control of video games. His only recommendation was for Mr. Stearns to go to the City Council at the public hearing and try and convince them to make a special exception. ORDINANCE 880 Permitted Uses: Mr. Siciliano stated that the list furnished to the members of the Board is a list the staff has prepared and recommend they be included in the different zones. This list has to be compared to the existing list that is already there. Susan Wadsworth informed the Board that they went down through the occupational licenses from the first time they came into being and applied that to the zones that they are in. Mr. Siciliano stated that some have licenses and are not in the book as permitted use, which has happened quite a bit. Susan Wadsworth informed the Board that in the B-2 zoning they had a big problem, under mini warehouses it states for storage purposes, only. A lot of the mini warehouses are doing business other than as a mini warehouse. She advised something has to be done as she cannot physically check out these applications, physically. Mr. Siciliano stated that this was brought up at the last meeting - someone has a mini warehouse, requiring only one parking space, then it is converted to a store, requiring 4 parking spaces, and they get away with it. Susan Wadsworth advised that it is being required that they do the parking on the back of the occupational license form so it can be checked. If there is not enough parking they can refuse to give them the license. Mr. Siciliano advised that to cover the City, if they build a mini warehouse and it is approved, and they want to change it, they must come back to the Planning Board to approve it. Susan Wadsworth discussed a case she had recently where a woman came in for a license, stating she was going to be making clothes on consignment, and would be using the warehouse for that purpose. I advised her that she could not operate a business such as that in B-2. Mr. Siciliano advised Susan to send her to the Planning Board. Mr. Sadowski felt that mini warehouses should not be in B-2 as more would be used as manufacturing. Mr. Siciliano stated that it could be controlled by requiring approval if you change the use. However, he does not know how you could correct what has already happened. Susan advised that if they go out of business, it can be reverted back to the original mini warehouse. Mr. Landry asked how they could go from a mini warehouse to a business. He was advised that they just do it, there is no enforcement. Mr. Siciliano stated that the Building Inspector is the only one who can enforce it, at this point. The staff can give us a list of the places and we will send the list to the Building Inspector. The list can be sent to the Planning Board and have them to do the same thing. Mr. Wheeler stated that converting the mini warehouses is illegal and why can't we notify the people who are doing this that it is illegal. Mr. Siciliano stated he felt the only one who can do that is the Building Inspector, he writes a complaint and then goes before the Code Enforcement Board. Alice Murphy suggested that the mini warehouse be given another zone, such as B-2S where there could be nothing but storage. Mr. Siciliano stated there would be no place to put that. If someone has an occupat- ional license, there would be no way to correct the problem. Susan Wadsworth informed the Board that if someone were to come in for a body shop in B-2, the Building Inspector could go out and check if it is a mini warehouse, if it is, she could notify the person and he could go before the Zoning Board for a special exception. - 3- Zoning Commission Meeting Minutes May 9, 1983 o o Mr. Siciliano suggested that the mini warehouses be deleted from B-2, make them nonconforming and if anything happens to them they are out of business. If something is nonconforming and destroyed 50% they cannot rebuild it, cannot add on, or if they go out of business. Mr. Wheeler asked where you would place the mini warehouses, in I-I? Mr. Siciliano stated they should be in I-I. Alice Murphy suggested that a sentence be added that mini warehouses are only to be used for storage, and if they are used other than storage, then they are in violation. Mr. Siciliano stated that if you take them to Court for being in violation they will advise you that we gave them a license for it. He suggested that maybe, when the license expires, make a recommendation from the Board that the City not renew the license. You would have to check and see if that is legal or not. Mr. Siciliano said he would check with Mr. Alvarez on this matter. Mr. Siciliano questioned about when someone came in with site plans showing offices, it was approved, and then they have small condos or motels there. They were approved for offices and then people are buying them and living in them. Something should be put in the Ordinance that if it is approved for a certain us~, they cannot change that use unless they go before the Planning Board. There is nothing in the Code Book that states that. What often happens is they build them, they cannot rent them, they stay vacant for a year, everyone has forgotten them, and then they make a motel or something out of them. Mr. Stewart asked the Board why it took so long to get the Council IS opinion on different matters. Mr. Siciliano advised him that it did not really take a long time. Mr. Opal informed the Board that Planning has sent to the Council that Zero Lot Lines be eliminated from the Code Book and this will go before them at the meeting on May 16, 1983. Mr. Siciliano suggested that they ask Council to accept rezoning 6 times a year, instead of four times a year. Mr. Wheeler made a motion to have rezoning six times a year. The motion was seconded by Mr. Stewart. Motion CARRIED 5-0. Zero Lot Line Mr. Siciliano stated that the requirement for the side yard shall be o or a minimum of 20', this being the area in question. He read the passage from the Code Book concerning this requirement. He advised the Board that Council sent this to the Planning Board, they recommended, after several months of discussion, recommended that it be deleted from the Ordinance. He feels it should have come to the Zoning Board for their recommendations, the attorney agreed with him. If they throw it out there are no recommendations. Take, for example, a business district downtown, there is a common wall with a fire wall, the owner wants to sell to Winn Dixie, there are no provisions in here if it is deleted. He felt it would be used for something like that or a townhouse development where you have common walls and fire walls. If it is thrown out, he doesnlt know if they can sell it as a townhouse. Mr. Stewart stated there has to be a definition of the Zero Lot. Mr. Siciliano advised that there is none. He stated that the confusion is the first sentence - minimum side yard of 0 or a minimum of 20'. There is a big difference between 0 and 20'. Mr. Siciliano felt it should be made 0 and maintain the setbacks per the zoning classification and stress the fire walls, at whatever hour it needs to be. Mr. Siciliano suggested the Board wait and see what the Council does. He felt that the Board should get into it and rewrite something. Mr. Opal stated that there was no definition why they have zero lot lines - it was only put in within the last couple of years - they are only good for the builders and developers to avoid division setbacks. Mr. Siciliano stated they are needed for different things. -4- ". o o Proposed Ordinance Changes for Game Rooms Mr. Siciliano read the list of changes that the Board approved in previous meetings. He asked the secretary to make copies of the list for each Board member. This list will go to the attorney for final drafting. He advised the members that he instructed the secretary to omit the part concerning license revocation because there is one in the book, however, the attorney feels it should be put back in because the one in the book is too general. R-4 - Permitted Uses - Multi-Family Dwelling Susan Wadsworth asked that the Board look at this Ordinance on page 1556, wherein she read the Ordinance to the members. The minimum floor area states 1,500 square foot of living area for each duplex, nothing is stated for single family residences. The rest of the R1s do - that one does not. There was a problem when the new Building Inspector came in, a family came in in an R-4 area, single family, the area in that home was 1,200 square feet, he pushed it back to them. He questioned this as it doesn1t say anything for single family and it should. She felt this should be brought to the attention of the Board members. Mr. Stewart stated that in Item 4 it spells it out as 750 square feet per dwelling unit. That is on 1556.2 at the top of the page. Susan advised she did not have that page in her book and neither does the Building Inspector. Mr. Siciliano thinks they are referring strictly to duplexes. This is at 8106. R-5 says nothing about single family dwelling. Mr. Landry advised that R-6 has single family dwelling. He asked where -most of R-4 is located. Mr. Wheeler advised that it is Pelican Cove West and East. Also Gas Light. Mr. Siciliano advised there is no minimum size for the single family. The 8106 Ordinance put the duplexes in and they are speaking only of duplexes. The duplexes weren1t in R-4. Mr. Stewart stated that even 1,000 feet is real tight with two bedroom. The rooms are very small. Mr. Wheeler wanted to know how many square feet are in the small "dog" houses in Pelican Cove West. Mr. Siciliano advised the builder can go as low as 750 feet. They are supposed to be duplexes. Susan Wadsworth stated she feels there is single family in there also. Mr. Opal stated he felt they~were single family homes and they use zero lot 1 in e s . Mr. Wheeler asked if there was anything they could do before Phase 2 is started in Pelican Cove West to eliminate the small houses. Mr. Siciliano stated if there is zero lot line with the fire wall, etc., then he couldn1t separate them. He can separate them according to the zero lot line definition now, but before you change the 750. for the duplex, you have to go through public hearing. Mr. Siciliano stated you cannot do anything until it is in the book. Mr. Landry felt that he already has his permit. Mr. Wheeler advised he only has a permit to finish the first phase. Mr. Siciliano suggested for the second phase to have the Council put a moratorium on all building of duplexes and so forth until you get a zero lot line definition. You could recommend it to the Council. Mr. Siciliano suggested they wait until after the Council meeting to see whether or not they throw it out. Mr. Wheeler made a motion to let the Zero Lot Line matter ride until after the Council meeting on May 16, 1983. Mr. Landry seconded the motion. Motion CARRIED 5-0. Mr. Siciliano brought up the R-4 single family dwelling issue that Susan Wadsworth questioned. He stated the Board also has to consider what else is in R-4, try to keep it compatible, don1t stick in a 1500 to 16001 home with 7501 unit. Mr. Wheeler stated that R-4 doesn't state what the single family dwelling footage should be. Mr. Siciliano stated that Florida Shores is 12001 now. Mr. Stewart suggested it be put at 10001. Mr. Sadowski suggested 9201, making it smaller because everyone cannot afford to live in a larger house. Mr. Stewart made a motion to include in the R-4, R-5, R-5A and R6, under the classification of single family dwelling, a minimum living area of 1,000 square feet. Mr. Wheeler seconded the motion. Motion CARRIED 4-1. Mr. Sadowski voted no. -5- \, o o The meeting was adjourned at 9:05 P.M. Minutes submitted by Susan Mista -6- . , Ote ~>~ q, ''19.3 o ... 4-l \