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11-01-1978 o <J -"" . .. CITY OF EDGEWATER ZONING BOARD ZONING BOARD MEETING November 1, 1978 Chairman Wolfe called the Zoning Board to order at 7:42 p.m. ROLL CALL Robert Wolfe James Mackie William Nichols James Engle Richard Bartholomew Sebastian Siciliano David Wiggins Also Present: Pres net Present Present Present Present Present Excused Mayor Christy Mr. MacGregor- Representative A-l Rentall Richard Diamond - City Planner Chairman Wolfe asked if everyone present has had a chance to read the October 3, 1978 Zoning Board Regular meeting minutes. Mr. Bartholomew made a motion to approve the minutes of October 3, 1978. Mr. Nichols seconded the motion. Motion passed 6-0. Mr. Siciliano asked Mr. Diamond if he had a chance to find out anything on the mini-warehouses. Mr. Diamond said that he discussed the permits issued by the Building Official, Mr. Murphy, and his contentions, was .as'~ar as the warehouses on Hibiscus, and Indian River, was that the permit was applied for as contractors office with incidental storage. As everyone can see, this is not the case now. It is now a commercial enterprise, and is renting warehouse space. Mr. Murphy has not been designated the enforcement offici al of the City, and the City Attorney told Mr. Murphy that he was the enforcement official, however no ordinances stated Mr. Murphy as such. However, Mr. Murphy's contract with the City designates Mr. Murphy as the enforcement official. What he requests is a letter from the Zoning board that he investigate these complaints. Mr. Mackie made a statement that there was no sense in having a Zoning Board if they weren't going to follow the rales and regulations. Mr. Diamond read ordinance 997 to the members of the Board. Mr. Wolfe stated that Pilch offices on 22nd and Travlers Palm was a sales office. He also stated that if it were a home occupational license he was o.k., but if it was a sales office he would be in trouble. o o Mr. Diamond said that he would check the use of this, and then report it to Mr. Wolfe. Mr. Nichols addressed the Board about the last lot of River- side Drive, east of Riverside Drive, which is zoned mobile home. Mr. Diamond said that even though this piece of land~ts~zon~d mobile home, that it doesn't meet the criteria for mobile home. Mr. Nichols said that there is another piece of property at the end of 16th Street which is zoned FP & L, which is not all owned by FP & L. He wanted to know what was going to be put on this part of the property, because there is a for-sale sign on this part of the property. Mr. Bartholomew said that they have City of Edgewater applications for occupational licenses, for Rickleman's Used Cars, on 333 N. Ridgewood Avenue. Mr. Mackie stated that Taylor Tire Company is starting to build a junk yard. Mr. Nichols said the other application for occupational license for Larry and ~ob's Used Car lot is on 325 N. Ridgewood Avenue. Mr. Diamond recommended a special exception, the application goes to the Zoning board, and the Board of Adjustments, and they will hold a public hearing, and from there it will go to the Council. Mr. Diamond also requested that the Board send a recommendation to Judson Woods to get his legal opinion on it. Mr. Nichols said that the automobile sales were not listed in the permitted uses in the 880,the, only place that it was listed was in the special exception in B-3 District. If the vehicles are operative, then they do not have to have the six foot fence around them. The Zoning Board cannot issue a special exception. The Board of Adjustments shall make final approval of special exceptions. Mr. Diamond said that the Zoning Board shall make its reeo'f:nmefjdat'ions"" to the Board of Adjustments, and then after a public hearing, they will make their recommendations to the City Council. Mr. Bartholomew asked if there was any designated place for used cars in B-3. Mr. Diamond responded that there was, but only under special exception. The Board of Adjustments was the only board to make adjudications, they are the ones that make these judgements, and the Zoning Board is the only Board to make these zoning changes. You need a board to make recommendations and interpret these changes. If it is over five percent (5%) of the City, then you have to abide by the state law. Mr. Nichols said that anything that pertains to the 880 must have a public hearing. Mr. Mackie said that if we were going to go with permitted use, why don't we jsut go for new car sales, and that this would take in used cars and everything. Mr. Diamond siad that special exception just takes in the sale of vehicles, and that this would take in the sale of new and :used vehicles. r~r. Nichols said that the way it was stated was "operative vehicles" in an resideiltial area. -2- o o Mr. Nichols said that we have a choice, we can do two things. We can either have it put in as a permitted use in B-3, or go through the procedure of recommending the Board of Adjustments that they give it a special exception in writing. Mr. Diamond said that if area B-3 ismore than five percent then two hearing are required. Mr. Diamond said that certain conditions were to be met, to protect the health, safety, and welfare so that not just any- one can be issued a building permit. It is allowable, if conditions are met. Mr. Bartholomew said that they have mobile home sales in per- mitted use, and he didn't see why operative vehicles shouldn't be in permitted use. Mr. Bartholomew suggested that they issue a temporary license, while the Board is being changed, that the City can do anything it wants to do. Mr. Nichols asked if DNA is an operative automobile sale with used cars on the other side of the tire place. Mr. Mackie said that he got a 1 icense fnr a t'sed car. Mr. Nichols asked if he had a City Used Car License. Mr. Mackie said yes, and then it went to the City Council. Mayor Christy said then he had to sign it. Mr. Bartholomew said that they have to have a separate building to se~l used cars, state ordinance. Mr. Wolfe asked if they had any more discussion. Mr. Siciliano asked if there was a way that an ordinance could be written up under strict rule. Mr. Bartholomew said yes, and that all they would have to do is to get the Building Official to have them pull off, if they don't comply to the.ru.les. Mr. Wolfe said that when you see violations within the City, you should send them to Charlie Murphy. Mr. Nichols made a motion that we put in permitted use the sale of operative vehicles in B-3. Mr. 5iciliano seconded the motion. Motion passed 6-0. Mr. Diamond said that in order to issue a permit, they must be in the correct zone, to be listed as a permitted use. Mr. Wolfe said that the City had issued a temporary license before. Mayor Christy said that you have to make a recommendation first.. Mr. Mackie asked how long this would take, 14 days for advertise- ment. Mayor Christy said that it takes about a month-to two months for the hearings. -3- o o Mr. Nichols suggested that they make a recommendation to the Board that they send a written recommendation to the Council, or to the enforcement official stating that due to the setting of the precedent, that they have done this in the past, as a basis of our recommendation, that we recommend that they give them a license, and then we will make it a permitted use. Mr. Siciliano made a motion to recommend that the City Council issue a temporary license until amendment passes. Mr. Bartholomew seconded the motion. Motion passed 5-1. Board discussed mini-warehouses Mr. Mackie asked what the mini-warehouses would be used for. Mr. MacGregor said thatlth~y would be used for, reRta1 use, storage. Also, that rental space is in demand, and is in keeping with this demand. There was a discussion on what was permitted use in B-5 District. Mr. Mackie asked what kind of storage would be allowed in these mini-warehouses. ~r. MacGregor said that it would mainly be dead storage, no business in them. Mr. Nichols asked how would the A-1 Renta11 be classified under the B-5 District. Mr. MacGregor asked the Board why zone B-5 future shopping center on existing commercial property. Mr. Diamond said that usually the areas for shopping centers were to serve the whole city, and as such were usually located at the intersection of principal arteries. Mr. Mackie asked how many rental units would be built. Mr. MacGregor said there would be about 10-12 units. Mr. Mackie said that mini-storage was not allowed in the City. Mr. Diamond said that warehouses were allowed in 1-3, that would be considered warehouses. Mr. Diamond said that first of all the Board would have to determine if it is a permitted use. If it is something that will need interpretation, then it will have to go to the Board of Adjustments, then this board will determine if it fits in there, then they determine whether mini-warehouses is incidental to that permitted use, and it would have to comply to dimensional requirements. You have to go by the requirements for a certain district. Mr. Bartholomew suggested that they change the B-5 to a B-5A and add a permitted use. Mr. Diamond said that all of the other people who are in the district must comply with whatever you set up, and you must have an intent for setting up a new district. Mr. Mackie suggested that they work on this for another week, and have Mr. Diamond work out an alternative method for recommendation. Mr. Diamond said that he will come back with his recommendations. Mr. Mackie asked about regular meeting nights. There was some discussion about meeting nights during the month. \ -4- o o Mr. MacGregor suggested to the Board that they come by and see the property where the mini-warehouses would be built. The next meeting of the 80ard will be on Tuesday, November 7, 1978. Mr. Mackie made a motion to adjourn the meeting. Mr. Engle seconded the motion. Motion passed 6-0. Meeting adjourned at 9:45 p.m.