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08-07-1979 o , <J \0 (J CITY OF EDGEWATER ZONING BOARD REGULAR MEETING August 7, 1979 CALL TO ORDER Mr. Mackie called the meeting to order at 7:30 P.M: in the Edgewater City Hall. ROLL CALL Mr. Mackie Mr. Siciliano Mr. Wheeler f{lr. Opal Mr. Bowser ~lr. Engle Mr. Troian Present Present Present Present Present Present Present Mr. Mackie asked for the approval of the minutes for July 3, 1979, Regular Meeting and July 11, 1979 Special Meeting and Workshop. Mr. Siciliano made a motion to approve the minutes of July 7. Mr. Wheeler seconded the motion. The motion CARRIED 7-0. Mr. Opal made a motion to approve the minutes of July 11. Mr. Siciliano seconded the motion. The motion CARRIED 7-0. Mr. Mackie asked that Frank Berman, clarification of model homes, would come forward and state his name. Mr. Berman stated that he was a bit confused as to what is and what is not I permitted in a Park Avenue Model Home. This is on the Southeast corner of Indian River and Evergreen, which is zoned R-1B. The house that he proposes to build on it is a single family residence. He does not propose to use it as an office. He would like to put a sign in front of it that simply says "Model Home" and leave it open, unmanned with simple literature in there referring people to his office which is located on Hibiscus Drive. It will not be operated as a sales office. Mr. Siciliano asked how large the sign would be? Mr. Berman said 3' by 41. Mr. Mackie asked if he was going to keep it as a model home or sell it within a period of time. Mr. Berman said he anticipated selling it within a 6 month period of time. Mr. Siciliano said he did not believe that there should be a time limit. If it is used strictly as a model home, he(:does not see anything wrong. Mr. Mackie said that the only thing was that it should be kept up according to a residential property, it must be presentable to the neighbors. At this time there was some discussion on the sign size. Mr. Opal said he would temporarily table this and take it up at a workshop session. Mr. Mackie said we cannot vote at a workshop meeting. He then asked for any other comments from the Board. - 1 - " o 6 Mr. Engle said he could see no reason to table this at all. Mr. Mackie asked if there was a motion on the floor. Mr. Siciliano made a motion that the Board allow the Model Home to go in with these restrictions except the one on time limit. It will not be used as an office, that there will be no office on the premises, no resident living, daylight hours only and a reasonable sign. Mr. Bowser seconded the motion. The motion CARRIED 7-0. Mr. Mackie asked Mr. Murphy to enlighten Mr. Berman as to the proper size of the sign to be put on the property. Mrs. Coon, with Pilch Construction, also has a model home, it is now sold and she is in the process of building another. She would like to have an office in it and would like to live in it. She found some property adjacent to R-1B 1601 adjacent to B-2, on India Palm. This property is adjacent to the Magnuson property, which is residential. She does have a signed contract with the people who own it, they are willing to sell it if she can get the proper zoning. She feels that this is a reasonable request. She would like to have a furnished model as it is very expensive to furnish two homes. Mr. Mackie asked why she was asking for rezoning on a residence to put in commercial when there are scmany residential properties in Florida Shores that she can put a house on? Mrs. Coon said because as you have just stated here, she can conduct no business there and she cannot live in it if it is a model home. That is why she has to build two houses, a residence and a model. She feels that a furnished model is much more effective than just a move in house and that a manned model is much more effective than a move in house. Mr. Mackie said you are asking for spot zoning. You want to put two lots of residential in commercial. Mrs. Coon said the four lots adjacent to it were spot zoned. Mr. Mackie said not for Magnuson Corporation, No. You1re talking about r~agnuson Corp. of Indian River Blvd., that was zoned in when Mr. Sullivan's was zoned in on the opposite corner. When Mr. Su11ivan's property was zoned in, if Magnuson didn't want to go along, Mr. Sullivan did not get his zone changed. Both owners had to be zoned commercial at the same time. Mr. Magnuson was notified that Mr. Sullivan wanted a zone change, his reply was in full agreement, we zoned the two corners and that was a spot zoning. Mrs. Coon stated that a model home is only good for a certain amount of time. She is asking for this rezoning only because she cannot conduct business in her home as a model. Her models are always for sale even though she lives in them. Mr. Mackie said this is still a spot zoning situation. Mrs. Siciliano suggested that we table this until we can get a legal opinion. Mrs. Coon asked when she might hear from the Board? Mr. Mackie said he had no idea, they would have to get in touch with Mr. Woods. The Board Wi 11 probably have a ,workshop meeti ng sometime thi s, month " and put this on the agenda and discuss it again and by that time they should have an answer from the attorney. r~ r. Mac k i e ask e d Mr. Bill W rig h t, r e pre s en tin g Mr. Row 1 e y , to g i ve his explanation. - 2 - Q Q Mr. Wright stated that as a representative of Mr. Rowley, their considera- tion of annexation of this property and with a proposed plat of the way we plan to use it in developing and also the zoning, which would be the R-l. It was discussed by the commission and they recommended that it go through the Building Code Board or the Planning Board for their comments. The property as quoted in the letter is surrounded on three sides and is a strip along Glenwood and 27th. It is a 10 acre plot, 1 acre lots each. Mr. Rowley owns all the land. Mr. Siciliano made a motion that we recommend to the Council to accept this for annexation under R-l. Mr. Wheeler seconded the motion. The motion CARRIED 7-0. A letter will be sent to Council. Mr. Mackie asked if Mr. Ranken was present. He then hold this until later in case Mr. Ranken showed up. next item so as not to hold up the :meeting. We have MH-S recommendation to the Council for Mobile Homes. said the Board would We will go on to the old business on the Mr. Siciliano made a motion to recommend to Council to authorize Mr. Woods to start working on the MH-S ordinance as we discussed it. Mr. Opal seconded the motion. The motion CARRIED 7-0. A letter will be sent to Council. Mr. Mackie said that the Board needed to discuss the B-5 and B-3, the traffic light that goes from West Park Ave. to Pearl. If there is any other business that we want to bring in under the B-3, now is the time to do it. We need to discuss this or table this. Mr. Engle suggested that the Board table this until the next meeting. Mr. Mackie said there had been problems with the B-3 used car lots. We should set this up in a business like manner and put restrictions on it. They should have a paved lot, proper drainage, beautification on the lot, perhaps we could bring it in under a size lot that they could operate under. Mr. Siciliano said that if we made it permitted uses with restrictions on it, then a man can open it without going through all the hassles, provided he meets the requirements of the restricted uses. Mr. Mackie said we should check out the legalities of this and how far we can push it, to get it up to date to make it look like a used car lot and not a junk yard. Mr. Wheeler made a motion to table this until the next workshop. Mr. Engle seconded the motion. The motion CARRIED 7-0. Mr. Mackie said the about motor tune up The question is, do Guava and Hibiscus. next item was the B-2 Auto Repair. We were talking and front end repair, which we don't have in the B-2. we want to bring it into B-2, which would be up on Do we want to add it to the permitted uses in B-2? Mr. Engle suggested to have the enforcing officer check to see if the body shop is legal or illegal. Mr. Mackie said we have a B-2 zone from 21st to 30th street, zoned in that we have land West of F.E.C. from 21st to 30th. That makes this legal. Mr. Engle made a motion that a letter be sent to the Council to see if the body shop is legal or illegal. Mr. Mackie said the body shop is legal according to Ord. 979 passed in 1 975 . Mr. Engle withdrew his motion since it is legal. Mr. Engle made a motion to table this. Mr. Opal seconded the motion. The motion CARRIED 7-0. Mr. Mackie said the next item was the Boston Estates. Mr. Warren said he came to the meeting to find out the status of Boston Estates. _ 1 _ Q I.J Mr. Mackie said on June 5, 1979, this was tabled for further study because there were questions on parking problems and the right of way. The Fire Chief, the Planning Board and the Chi'ef of Police, all Boards have to give approval before a sub division can go through and they have said to turn it down. The sub division calls for a 50' right of way and this is what they turned it down on, it had nothing to do with the building. Mr. Warren said on May 1, 1979, he met with the Zoning Board with a sketch plan, the Board said they would accept the plan provided increased turn around is created and the Council approves the easement, that was the only condition. May 7, 1979, the Council met and tabled this until the City Engineer could check out the easement. The special meeting of the Zoning Board on May 8, 1979, Mr. DeGroot was there and he said, the dedicated ingress and egress as an easement and recommended that the City provide the increased turn around. On May 14, Mr. Corey told the Council he had revised the drawings and enlarged the turn around as requested by the City Engineer and the Zoning Board were provided and he was willing to dedicate a 25' right of way plus the 10' easement. Mr. DeGroot said this was satisfactory. A motion CARRIED 5-0. June 5, then the questions came up about the size of the ingress and egress by the Police and Fire Chief. At this time there was a discussion on this matter. Mr. Mackie said the right of way was not acceptable on Boston Estates. Mr. Warren asked the Board what recommendations they could make to make this acceptable to the Board? There was a lengthy discussion at this time. Mr. Warren, at this time withdrew his sub division from Boston Estates. He thanked the Board for their time. Mr. Mackie suggested that Mr. Warren see Mr. Murphy to see what would be acceptable. He then stated that the Buffer Zones were the next item on the list. Mr. Siciliano suggested that the wording of the Ordinance might be changed to state that all businesses will have a buffer between commercial and residential properties. Mr. Mackie said the Zoning Board has a special meeting in the middle of this month and we can bring all these items up and vote on them. Let's entertain a motion on it tonight and get something into the City Council. Mr. Troian made a motion that the discussion we have had be part of the business that the IIGrandfathering Inll clause should be researched, so that all businesses comply with the buffer zone regulations. Mr. Wheeler seconded the motion. The motion CARRIED 7-0. A letter will be sent to the Council. Mr. Mackie stated that the issue on Mr. Ranken has been tabled until further contact with him. Mr. Wheeler made a motion to adjourn. Mr. Troian seconded the motion. The motion CARRIED 7-0. Meeting adjourned Minutes submitted by Donna Prevatt - 4 -