10-03-1978
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CITY OF EDGEWATER
ZONING BOARD REGULAR MEETING
October 3, 1978
Chairman Robert Wolfe called the regular meeting of the Zoning
Board to order at 8:55 P.M. in City Hall.
ROLL CALL
Robert Wolfe
James Engle
David Wiggins
Richard Bartholomew
James Mackie
William Nichols
Sebastian Siciliano
Present
Present
Excused
Present
Present
Present
Present
Also Present:
Robert Christy, Mayor
Richard Diamond, City Planner
Lillian Straub
Chairman Wolfe called attention to the fact that the minutes
of the meetings of September 9, 12 and 27 have been presented
to the Board for their approval.
Mr. Bartholomew made a motion that the minutes of these three
meetings be approved. Mr. Engle seconded the motion.
There was some discussion about the motion that Mr. Nichols
made concerning the approval of the plan presented by Belmont
Homes for the Pelican Cove Subdivision.
Mr. Mackie said that a letter had been sent to the Council
stating that the Zoning Board approved the plans lias presented".
Mr. Nichols said that he meant the Boards should not give
a blank sheet to this subdivision to do anything they wanted
to in the commercial zone.
Mr. Diamond said that the subdivider had agreed at the Council
meeting that he would bring in plans for Tract one (where the
building permit had been issued) and prior to getting a building
permit for Tract Two he would bring those plans in for approval.
Mr. Siciliano said that the Zoning Board had made the same
observations as the Planning Board with the exception of street
lights.
Mr. Wolfe said that the Board should have specified that the plans
show where the street lights should go.
Mr. Diamond said that whenever the Council accepts a plat they
can exact certain conditions such as paved streets, water, s~wer
etc., and they should have that in writing.
Mr. Wolfe said that to show where the street lights were goinq to
go we should have given a 5 ft. easement, 2~ ft. on each side of
the property and he does not know if the survey shows that there
is this easement.
Mr. Diamond said that he did not think they were going to put
in street lights and they may not have to since the City has already
accepted the plat. There- will be overhead utilities.
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Mr. Mackie said that the ordinance states there should be 30 days
which gives the Boards proper time to study these subdivision
proposals but it seems as if the City was in such a rush to get
this passed that the Boards did not have time to review this
as they should have. The subdivision proposals should not be
rushed.
Chairman Wolfe called for a vote on the minutes of the September
9, 12 and 27th meetings. The minutes were approved by a vote of
6-0.
Mr. Diamond said that the Council had requested Zoning Board
approval on a home occupation license but the license has been
withdrawn.
Chairman Wolfe said that he noticed the City had a new market
on U.S, 1 and they have a trailer sitting there which is against
the law. He asked Mr. Diamond to check on this.
Mr. Mackie said that an ordinance had been drawn up for mini shops
from 21st to 30th St. We have no other ordinance authorizing
these mini shops anywhere else in the City even though some other
mini shops have appeared in other parts of the City. Now there
is a massive one going up on Indian River Blvd.
Mr, Diamond said these were considered mini warehouses.
Mr. Mackie said that storage in the ordinance relates to a contractor's
storage. The minute you start giving it to somebody else, it becomes
a public usage building.
Mr. Diamond said that Ordinance 979 changed it to add mini-shops
to B-2 - a~to body shops, mini shops and tool grinding shops and
it defines mini shops. The only permitted use for a mini shop
shall be those uses set forth in B-2 neighborhood business district
in 880.
Chairman Wolfe pointed out that this ordinance stated the area
that was designated for these mini shops - B2 District west of
the Florida East Coast railroad from 21st St to 30th St. He
questioned how there could be a building permit issued for warehouses.
There is no provision in this ordinance for warehouses. How does
the Building Inspector get away with this? There does not seem to
be anybody checking on these building permits. The Zoning Board
is an advisory Board and does not have that power. We could sue
the City and the Building Inspector, use the City Attorney, we
have that right. He asked Mr. Diamond to check into some of
these permit discrepancies.
There was a discussion about trailers being used for offices and
businesses. The Zoning Board feels that this is in violation of
City ordinances.
The Board also discussed the various interpretations of 880 and
questioned how closely the Building Inspector checks on the
construction of buildings in accordance with 880.
Mr. Mackie said that he had reported many discrepancies the past
few years but no one does anything about it.
Mr. Bartholomew asked if the Zoninq Board could chanqe their meetinq
tot h e fir s t \" Wed n e s day ins tea d 0 f t u e s day . ' ,-
Mr. Mackie made a motion that the Zoning Board change their meeting
night to the first Wednesday of each month. (Not seconded.)
Mr. Diamond suggested that they hold off on this until next month
and then amend their by-laws to also include length of time served
on the Board.
Mr. Mackie said that this is the last meeting night for the Zoning
Board.' After election the members of the Board must be reinstated
by the Councilor replaced. He suggested that the Council consider
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having the members serve for more than a year. Two members for
three years, two members for two years and one member for one
year. That would cover the five members. Now that the Zoning
Board has seven members that should be changed to three for
three years, three for two years and one for one year.
Chairman Wolfe suggested the Zoning Board hold its next meeting
November 1 (Wednesday). They could make recommendations to
the Council at that time concerning changes in the by-lws of
the Zoning Board and appointments of members.
Mr. Diamond talked about subdivision ordinance. He is trying
to make this ordinance extremely clear to everyone so that there
will be no confusion and so that the chance of misinterpretations
will be minimal. The final draft is almost completed. He will
send copies to the Zoning Board for review before the next meeting..
The Zoning Board requested 24 hr. notice 'prior to a special meeting.
Mr. Diamond was asked about the procedure for submitting proposals
for subdivisions.
Mr. Diamond said that the proposals and plats would be submitted
to the Planning Department first, rather than the Building Inspector.
That would give a direct connection with the Boards because the
BUilding Inspector should only be concerned with the buildings
after the subdivision is approved.
Mr. Siciliano asked if the Council would receive copies of
proposals to study before they take action on any Board recommendation.
Mr. Diamond said that the Council has to rely on the Boards and
the Public Works Director for technical exoertise to review this.
The Council cannot review everything that comes before the City.
They will take a look at all the recommendations of the Boardsl
Public Works Directors and all the documents connected with the
proposal.
Mr. Nichols asked what the status of the mobile home parks is at
this time.
Mr. Diamond said that he had talked to the City Attorney and Mr.
Woods said he was still working on the ordinance. Also the
Zoning Board should take care of some legal descriptions on the
Zoning ordinance on the map and Mr. Diamond said that he had looked
up the property that was annexed into the City and the district
that was created R-2A and . _ nowhere is it put togethe0 so
that parcel of property is not zoned as far as he can see. This
is the Wildwood subdivision area. The Board will have to correct this eventually.
Mr. Mackie made a motion to adjourn the meeting. The motion was
seconded and the meeting was adjourned.
Minutes submitted by:
N. Blazi
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