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11-07-1978 ~ o o CITY OF EDGEWATER ZONING BOARD ZONING BOARD MEETING November 7,1978 Vice-Chairman Mackie called the meeting of the'Zoning Board to order at 7:50 P.M., in Chairman Wolfe's absence. ROLL CALL James Mackie Richard Bartholomew James Engle William Nichols Sebastian Siciliano Robert Wolfe David Wiggins Also Present: Present Present Present Present Present Absent Excused Mr. and Mrs. Walter Gross Mr. MacGregor, Representative A-1Rentall Mr. Richard Diamond - City Planner ,\' \' Mr. Gross explained that his sons wanted to add the sale of used cars to their present Texaco Station.on,U.S:.'.I.,Th!=!y:' .~, put anappl.ication,f6r a license to sell used cars on the property adjacent to the station. To start at the top, you have to be bonded, and get a license. The City knocked it down at the Council meeting. It was determined that they should apply to the Board of Ajustments and pay $50. I told the City Attorney, Judson Woods, that I thought there was a double standard in the City, two licenses have been issued for used car lots in this City, without any hitch whatsoever, without going to the Board of Adjustments, and I thought, in my opinion, it was a little out of order to turn down this application for a license, after giving two licenses to the other parties for used car lots. Mr. Diamond said that the Zoning Board requested that the sale of operative vehicles be added to the list of permitted uses in B-3 District, and the Zoning Board also requested that the City issue a temporary license to these people. The Council reviewed it, and Judson Woodis opinion was that it was listed as a special exception under the B-3 District. There are. no provisions in the City Charter, or anywhere else, for the Council to issue a temporary license, so The Council recommended this be sent to the Board of Adjustments. As far as the other licenses that were issued, they never came before the Council, it was handled administratively, Mr. Gross stated that he thought that there was a little discrimination there though. Mr. Diamond said that he didn't know if it was discrimination, it could have just been an oversite. He said it could have been a misinterpretation of an ordinance about "1ike uses". Mr. Diamond said that there is an ordinance which states IIBefore any occupational 1 icense can be issued, that it must be listed as a permitted use, or granted a special exception. Mr. Mackie said that Mr. Reed was the first one listed in the city. Then there was one for Taylor Tires, so we recommeneed \\ o o that licenses would be issued to take in the special exceptions, because of what is says there, the outdoor storage of vehicles or other equipment for the safety of children, you will have to put up. a fence, but then operative automobiles, and mobile homes for sale, shall be exempted from this clause. That meant that you could have cars on a lot, and you didn't have to put up a fence for the safety of the children, and on that basis, that at that time, we o.k.ed the licenses, and it still had to go through the City, we couldn1t just issue a license. Mr. Diamond said that the Zoning Board is not supposed to make any recommendations for licenses, just for the administration of the Zoning Board. Mr. Mackie said that the Zoning Board has been doing this regularly, because they had no choice in the matter, it was handed to them continuously, occupational licenses. Mr. Diamond said that it went from the Board, to the City Clerk, and from the City Clerk to the Building Official. Mr. Siciliano commented that the Zoning Board can't handle special exceptions, unless they go through the Board of Ad- justments first. Mr. Diamond said that this is correct, and they have to have a public hearing first. The Zoning Board must send a letter of recommendation to the Board of Adjustments. Mr. Mackie stated that at one time, a Board of Adjustments didn't exist. The Zoning Board used to handle all of the work of the Board of Adjustments, and when there was too much work for the Zoning Board, another board was formed to take over. Mr. Diamond stated that neither board has anything to do with the issuance of licenses, the Board of Adjustments has the final approval. Mr. Gross asked what determined a special exception. Mr. Diamond explained that in every zoning district there are certain uses which are permitted. In the special exception, they feel that there are certain uses which could be allowed in there, under controlled circumstances. The problem with used cars is that they want to distinguish between used car lots, and junk lots. Mr. Nichols stated that there are two ways in which they can allow something to go in an area. It is either permitted uses, such as a bakery, bank, but the used car lots are not in there, they are in a special exception. Special exception is a use that would not be appropriate generally, or without exception throughout the zoning district, but if controlled would not nurt the health, morals, and safety appearance of a district; providing. , a specific provision. for such special exception is made in the zoning ordinance. There is a special exception allowed in B-3 District for used car lots. The City Council can waive the $50 fee if they feel that a hardship may result on thepart of the applicant, wherein the City Council finds this fee to be unreasonable. Mr. Mackie stated that before a special exception is granted to an applicant, the Board of Adjustments shall make written findings that the specified provisions of Article VI, VII, and VIII, are fulfilled with due regard to the nature of all adjacent structures and uses, etc. Mr. Gross thanked the Board for clearing up his question, and that he now knew the proper channels to go through. Mr. Diamond stated to Mr. Mackie, and Mr. Gross, that even -2- o o when this goes to the Board of Adjustments, they will have to come back to this board, and ask for a recommendation for special exception. We don't have a special form for the Board of Ad- -justments forformal recommendation, however, since the Zoning Board has already reviewed the information it could send a recommendation to the Board of Adjustments. Mr. Bartholomew made a motion that the Zoning Board send a letter to the Board of Adjustments stating that they had already reviewed this for special exception,and voted on it. Mr. Siciliano seconded the motion. Mr. Diamond asked what names are to be on the application, and was informed by Mr. Gross that they are to be Larry, and Bob Gross. Motion passed 5-0. Mr. MacGregor requested permission to build a mini-warehouse in the back of his place of business. These warehouses will face Western Avenue. Mr. Diamond addressed the Board with recommendations from the last meeting. Some of the alternatives with the B-3 District are to determine that merchandise rentals are a permitted use, and if the Board cannot determine this, then it will have to go to the Board of Adjustments. A second alternative, a mini-warehouse can be added as a special alter~'tive, if the Board feels that is is appropriate for rental shopping center use which is listed as B-5. A third alternative is for the Board to create a new and separate district which includes mini-warehouses, and to do this, the Board must determine that the public benefit warrants it, and that the area is appropriate for mini-warehouses, and that there are no conflicts with surrounding uses, such as noise, traffic, smoke, etc. That this new district must be reasonable, and must justify when considering the zoning classification as a whole. Mr. Mackie asked how many of the Board members have had a chance to go over to see the property where these mini-ware- houses would be located. There have onlYbeen four members who have seen the property, the rest do know where they are located. Mr. Diamond stated that new boundaries would have to be established if a new district were established, what the uses would be permitted under this new boundary, and any standards would have to be established. Mr. Mackie asked how may houses were in the B-5 District. Mr. Nichols responded with 16 houses. Mr. Diamond responded that there were 18 houses with people living in them. Mr. Mackie asked if any of the other Board members had any suggestions or questions on the discussion. Mr. Nichols mad a motion to table action on the request until the full board was present at the next month's regular meeting, and until the Board members could visit the property' in question and consider tonight's discussion. Mr. Siciliano seconded the motion. Motion passed 5-0. -3- ~ o o Mr. Nichols asked what has to be done on the subdivision ordinance. Mr. Diamond responded with reviewing the drafts, and list all recommendations the Board may have, and since the last draft was given, there were more changes made on it. Mr. Diamond also stated that the Zoning Map needed to be correct- ed, and worked on so that the Building Official could issue permits to the correct areas. Mr. Diamond also told the Board that they woul~ have to go through all of the legal descriptions in order to come up with something so that there will be no doubt about where the lines go. Th i s _ i s the. 0 n 1 y way t hat the B u i 1 din g 0 f f i cia 1 can i s sue correct permits. Mr. Diamond asked if anyone had any comments on the subdi~ision ordinance that they have looked at. Mr. Nichols suggested to the Board that they have a workshop meeting to discuss and review updating the zoning map and legal descriptions. Mr. Diamond stated that at the next meeting, he would bring the County Map, aerial photos, and other information that will be hel pful . The Board decided to hold a workshop meeting on November 15, 1978, at 7:30 p.m. to work on the zoning map. Mr. Bartholomew made a motion to adjourn the meeting. Mr. Engle seeonded the motion. The Zoning Board was adjourned at 9:30 p.m. -4-