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03-13-1979 Public Hearing (.J u CITY OF EDGEWATER ZONING BOARD PUBLIC HEARING March 13, 1979 Mr. James Mackie, Jr., Chairman, called the Public Hearing to order at 7:30 P.M. in the Shuffleboard Clubroom. ROLL CALL Mr. Mackie Mr. Siciliano ~1r. Opal Mr. Bowser r.1r. Wheeler Mr. Engle Mr. Gross, Sr. Present Present Present Excused Present Excused Excused Also Present ~1r. Mackay r~r. Shira Mr. Poland Mr. Fanning Mr. Boswick Mr. Ledbetter The first application for zoning change was from Mr. Reay Mackay who is requesting that the Board consider allowing a triplex unit to be built on 15,000 sq. ft. in the R-4 Multi Family Zone. Mr. Mackie asked if this space would accomodate 1 and 1/2 parking areas for off-street parking? Mr. Mackay said that this could be done very easily. He is concerned that in the Florida Shores R-4 (Multi Family Zone) which applies to a very small section of Florida Shores close to the railroad tracks, the present zoning allows for four units on four lots, seven town houses on four lots and also duplexes on two lots. There are several parcels in the area which by chance happen to be owned as a three-lot piece. If you allow four on four and two on two, it seems logical that three on three should be permissible. There is so much land space involved building twenty-two hundred and fifty square feet of building which is what the code calls !for in a trirlex on 15,000 sq. ft. of land. He would put in six parking spaces on a triplex. There would be lots of green space as well as parking space. Each unit would be built according to the code which calls for 750 sq. ft. The proportional coverage of the building to the lot is less than 20 percent. We are not talking about any increase of density. Mr. Siciliano said that if triplexes were allowed on three lots in the Florida Shores R-4, it would also effect the other R-4 zoning areas in the City. Mr. Mackay said that there were specific regulations regarding all multi-family buildings. If these regulations are also followed in a triplex building this would not be requesting any special treatment. He is asking that the Zoning Board consider allowing a three lot parcel to be put to the best use. He believes this could have been an oversight on the part of the Zoning Board when they made the regulations for R-4, since they allow duplexes and fourplexes but not triplexes. These would also be only one story buildings. Mr. Mackie said that the Zoninq Board would make a decision on their recommendation to the City Council either at a special meeting or at their next regular meeting which would be on April 3. u o The next application was from Mr. James Poland who has requested that Service Station A, B, and C and Wholesale Oistribution of Parts be added to the permitted uses in B-1, Central Business District Zone. Mr. Poland spoke to the Zoning Board concerning the fact that there has been a service station in an area of B-1 since before World War II. The building that Mr. Poland's business occupies is next to the service station and the business is wholesale parts for lawnmowers. This business has been in operation for 20 years in the same location. According to Ordinance 880 these two types of businesses are not permitted in B-1. He would like this cleared up so that the property is unencombered. Mr. Mackie said that this property was grandfathered in under the 880 ordinance. He asked Mr. Poland why he wanted this change? Mr. Poland said that he purchased the property in 1976 so he is actually operating illegally. The business was grandfathered in but the building was not purchased until after 880. Mr. Mackie said that the time schedule has been abolished in 880 and there is no time schedule on any of these businesses. Mr. Poland said that if the building should catch fire and burn down, he can't rebuild it and have the same type of business there. He cannot expand his business. Mr. Mackie said that they were discussing just the service station first and then they would discuss the lawn mower business. Mr. Poland said that if he sold the gas station building and the person who buys the business wants to add more space for repairing cars he could not expand. Mr. Mackie said that it might not be possible for someone to expand this station in that manner because they would have to comply with State regulations. Mr. Poland said that this would be a separate problem. At this time the buildings are non-conforming. This is in violation of the strict interpretation of the law. Mr. Siciliano said that there were a lot of businesses in Edgewater that are non-conforming. Mr. Poland said that he also questioned whether or not this area should be zoned B-1. There is really no central business district in Edgewater. Mr. Siciliano said that probably when 880 was drawn up, it was assumed that this would be a central business district. Mr. Poland said that many of the permitted uses in B-1 are the types of businesses that will never be in operation in Edgewater. The Board discussed the differences between A, B, and C type service stations. It was determined that the gas station Mr. Poland referred to was a Type B station. Mr. Mackie said that the Board would make their decision on what recommendation they will make to the Council on this request for rezoning, at their next regular meeting. The next application was to make mini-warehouses a permitted use in B-2. Mr. Fanning represented the the people interested in building mini-warehouses in this area. Mr. Fanning said that these mini- warehouses would be built for storage purposes and rented to individuals for this purpose. He showed the Board a preliminary drawinq of what the builders have in mind. These building would be located on Hibiscus between 24th and 25th St. 2 (J Q There are already mini-warehouses in the area but it is not zoned for this use. Mr. Mackie said that there were mini-warehouses in other parts of Edgewater that were actually illegal. He does not know how they got permits but they did and they are in operation. Mr. Syciliano said that if this abuts residential property there wi11'have to be a buffer zone between these buildings and the residential area. Mr. Mackie said that the Zoning Board could recommend that this be a permitted use in B-2 or a special exception. The Zoning Board will make a decision on this request at their regular meeting. The next application was from Mr. Shira, owner of the Seahorse Mobile Park. Mr. Shira wants the park rezoned MH-1A from B-3 and R3. Mr. Shira said that he wants to sell this property and that is why he wants it rezoned. He cannot sell it at its present zoning. The area is approximately 5.67 and that includes the back part of the property that has not been developed. Mr. Mackie said that if he is rezoned to conform with the 880 ordinance then he will have to comply by the regulations in the ordinance. Mr. Siciliano said that he qualifies with the 5.67 acres but it would be necessary that they start conforming. Mr. Mackie said that there might be a time limit put on this compliance. Mr. Ledbetter told the Board that previous to the 880 ordinance U.S. 1 was zoned commercial for 2501 on each side of the highway. Mr. Shira was given a permit for a 50 space trailer park back in 1964. A member of the audience (not identified) said that he believed Mr. Shira wanted the area zoned MH-1A so that he could use the parcel in the back to enlarge the park. The new addition would conform with 880 and in the present park, as trailers moved out, he would conform to 880 on a gradual basis. Mr. Mackie said that once this is zoned and the Zonina Board sets a time schedule on the park at the advice of the~attorney, then they must start conforming. Mr. Ledbetter said that when they were discussing the land use plan, a representative from Tallahassee told the Planning Board that the mobile parks would be grandfathered in, as is. How can you zone someone out of business that has been here for a long time? Mr. Mackie said that originally they put a time limit on the parks but they have since amended that time limnlt. Mr. Shira1s park",can stay the way it is now indefinately, but the minute he comes under 880 as MH-1A the park must start to conform. There was a discussion between Mr. Ledbetter and Mr. Mackie concerning the 880 ordinance and the comprehensive plan. Mr. Mackie said that when the Zoning Board was considering rezoning the mobile home parks after 880 so that they could be conforming they still did not get the necessary cooperation from many of the trailer park owners so that the Board finally just omitted the time schedule. Mr. Siciliano said that since he has been on the Zoning Board there have been a number of meetings and a couple of public hearings to try and bring all the parks in legally. The only thing the Board could finally come up with was to get rid of the time schedule, s6- that the park owners do not have to go out of business. If someone can come up with a way to make these parks conforming, he knows that the Board would appreciate hearing about it. Mr. Mackie said that the 5 or more acres came from a State regulation. 1 ~ o Mr. Ledbetter said that he wanted the zoning to allow the parks to remain as they are with the right to draw down and to take two spaces and make one and to create a mobile park land use plan. Mr. Siciliano said that every suggestion they have made in the past concerning changes in the mobile parks was turned down by the attorney as not being legal according to the ordinance. Maybe the ordinance needs to be changed. Mr. Mackie asked if Mr. Ledbetter's park could comply with the 201 front, 201 rear and 20' between trailers? Mr. Ledbetter said that in the old trailer parks there are no two alike. He can comply with the 20' between in his park but somebody else might not be able to. Mr. Mackie suggested that Mr. Ledbetter talk to the City Attorney and find out if there is any legal way to bring these parks into conformity. The City Attorney told the Board that the parks were grandfathered in and that they are non-conforming. Mr. Siciliano said that as long as the trailers stay in the parks they can remain non-conforming forever, but as soon as a trailer is moved out it cannot be replaced unless it conforms to 880. Therefore, some of the parks would lose every other trailer in order to conform. Mr. Mackie said that if a park expanded they would have to conform in the entire park not just the expansion. He read from 880 as to the requirements for mobile home zoning. Mr. Mackie continued by saying that the Board has already told Mr. Shira that if the park is rezoned then he or a new owner cannot expand into the back area unless the whole park conforms to the requirements. Mr. Ledbetter said that he would talk to the City Attorney to see if there wasn't something that could be done about this problem. Mr. Siciliano said that he owned a trailer park in another county in Florida and when he was in business the State inspectors would be constantly checking his park. He does not understand how a couple of the parks here in Edgewater stay in business as far as their State license is concerned. These trailer parks ruin the image of. the rest of the trailer parks in the area. Someone in the audience asked when there would be a decision on the trailer parks. Mr. Siciliano said ,that at the next regular Zoning Board meeting the Zoning Board would decide what recommendation to send to the Council. Then the City Council' will have to hold a Public Hearing if the Board recommends any zoning changes and the Council agrees with these changes. The City Council has the final authority. The next application was a request to add woodworking as a permitted use in 1-1, 1-2 and 1-3. Mr. Mackie said that they have had a couple of people interested in opening up this type of business in Edgewater. Mr. Bosworth said that he has applied for an occupational license to operate a woodworking, cabinet shop in a building that used to be a welding shop. Mr. Siciliano said that this was not a permitted use so that there would have to be a zoning change to allow a cabinet shop in the area. Mr. Mackie said that in 1-3 it might be possible to have a cabinet shop because manufacturing of products made from wood is one of the permitted uses. Mr. Mackie said that Mr. Bosworth should bring verification from the owner of the property that he wants the area zoned for a wood- working business. 4 . . . o o The Board asked Mr. Bosworth questions about the type of business he wanted to operate. Mr. Bosworth said he planned to make decorative lawn chairs. Mr. Mackie said that if Mr. Bosworth got back to the Zoning Board with a notarized letter from the property owner requesting the rezoning then the Zoning Board could take some action. There was another application for a woodworking business from a Mr. Conlin. Mr. Conlin1s license application had been rejected because this is not a permitted use. Mr. Mackie asked the secretary to contact Mr. Conlin to determine if he owns the property he plans to use for his woodworking business. Mr. Conlin should contact the Zoning Board and give them more information. There was no further business before the Zoning Board. Mr. Siciliano made a motion to adjourn the Public Hearing Mr. Wheeler seconded the motion. The Zoning Board Public Hearing was adjourned. Minutes submitted by: Nancy Blazi 5