07-18-1978 Workshop
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CITY OF EDGEWATER ZONING BOARD
WORKSHOP MEETING
July 18, 1978
Mr. James Mackie, Co-Chairman, called the meeting to order at
7:40 P.M. in City Hall.
ROLL CALL
James P. Engle
David Wiggins
Richard Bartholomew
James Mackie
Robert Wolfe
William Nichols
Sebastian Siciliano
Present
Absent
Excused
Present
Absent*
Present
Present
Also Present:
Richard Diamond
Robert Christy
Thomas Kane
Mr. Nichols made a motion that they wait until the next regular
meeting of the Zoning Board to approve the minutes. Mr. Siciliano
seconded the motion. The motion CARRIED 4-0.
The members discussed a memo from the Building Inspector. According
to Section 2 of Ordinance No. 849 the trailer behind Coronado Paint
Co. is illegal.
*Mr. Wolfe arrived at the meeting.
Mr. Wolfe instructed the secretary to write to the Building Inspector
to notify him that according to Section 2 of Ordinance 849, the
Zoning Board believes this trailer is in violation and the owners
should be notified.
The Zoning Board also wants the City Council to clarify the last
sentence of the second paragraph of the same memo from the Building
Inspector. This concerns Council action on the business at the
corner of India Palm and Indian River Blvd.
The Zoning Board discussed a memo from the City Council asking for
recommendations on the Riveredge Acres rezoning.
Mr. Kane spoke to the Board concerning his property in that area.
Mr. Siciliano made a motion that the Zoning Board notify the Council
that the Board does not concur with changing Lots 7, 8 and 9 to
R-4. Lots 8 and 9 could be changed to R-4 but Lot 7 should be R-1
since R-1 is contiguous to that property. Mr. Nichols seconded the
motion.
There was a discussion concerning this motion.
Mr. Siciliano withdrew his motion. Mr. Nichols withdrew his second.
Mr. Siciliano made a motion that the Zoning Board approve the
compromise suggested by the Council to rezone 7, 8 and 9 to R-4.
Mr. Nichols seconded the motion. The motion CARRIED 5-0.
The Board discussed Ordinance No. 101S. The City Attorney will
correct this Ordinance for Florida Shores only._. The Board
has already accepted the Council suggestlons to upgrade the square
footage in the rest of Edgewater (May 23, 1978 Workshop).
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The secretary was instructed to
on Riveredge Acres and the
upgrading square footage in the
Council.
include Mr. Siciliano's motion
Board's recommendation on
City in a memo to the City
Richard Diamond spoke to the Board concerning information
he had obtained concerning the rezoning of mobile home parks.
The City Attorney has not had time to look up the case law
pertaining to conditional rezoning.
Mr. Diamond said that it had been suggested at a Council meeting
to rezone mobile homes back to where they were before Ordinance 880.
A previous zoning Ordinance No. 219 (1-19-59) did not allow
mobile homes in any zones.. The old map shows mobile homes in
commercial sectio~s.
The Board discussed State and County regulations for mobile
home parks. The Board also discussed non-conforming status
and vested rights. Various State, County and City regulations
make most of the existing mobile parks non-conforming. It is
possible to impose regulations on non-conforming uses in the
interest of health and safety of the community.
The Board discussed various alternatives.to rezoning mobile parks.
One alternative was to allow those parks presently existing
within city limits to operate under the codes of the State
and County and allow non-conforming buildings to exist but
no other to be added.
It was also suggested that the amortization schedule for
non-conforming status be eliminated. This would free present
owners from the possibility of being put out of business in
a specified number of years. However, they would still be
non-conforming and as such could not be extended, rebuilt or
in any way increase their non-conformity.
The Board discussed parks that have permanent structures on
their property i.e. apartments, motel, etc.
Mr. Wolfe said that a legal description of existing mobile
parks will have to be put in any zoning ordinance concerning
these parks.
The MH-1 classification was discussed and the possibility that
certain changes might make it necessary to rescind all other
MH-1 in 880. -- MH-1 is a mobile home, MH-1A is a mobile home
park district, MH-2 is a mobile home subdivision. The parks
existing before 880 went into effect do not meet the specifications
of any of these zones.
It was suggested that if you classified these parks MH-1, the
use would be conforming but the structures and lot sizes would
be non-conforming. If it was a non-conforming use and a trailer
was removed would the owner be able to bring another trailer in?
They have to have a permit for a trailer and this could be a way
to enforce this. It would be necessary to get legal advice on
this from the City Attorney. In order to become conforming it
might be necessary as trailers are removed for the owner to put
in fewer trailers to meet the lot size and setback regulations.
At the present time these mobile home parks are non-conforming use
in residential and commercial zones. Another alternative would
be just to leave them as they are, get rid of the discontinuance
schedule and they could stay as they are in perpetuity, but they
could not expand.
There is a request to have a parcel next to a mobile home park
rezoned. If this were; done it could be an extension and as
such that rezoning would not be allowed. You cannot give him a
use variance, it is against the law in Florida.
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In the case of the lots within the mobile park, the lots are
not big enough to build individual homes. They(are separate
non-conforming lots of record. The only entrance to these
lots is through the park. However, if the owner tried to sell
the lots to the mobile home park, it would be expanding a non-
conforming use.
The Board disc~ssed the need for more legal advice.
Some of the members of the Zoning Board will assist Mr. Diamond
tomorrow night in updating the official map.
Mr. Engle made a motion to adjourn. Mr. Nichols seconded the
motion. The meeting was adjourned.
Minutes submitted by:
Nancy Blazi
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