Loading...
07-11-1978 ~ ~ o CITY OF EDGEWATER ZONING BOARD REGULAR MEETING July 11~ 1978 Chairman Wolfe called the meeting of the Zoning Board to order at 7:45 P.M. in City Hall. ROLL CALL James Engle David Wiggins Richard Bartholomew James Mackie Robert Wolfe William Nichols Sebastian Siciliano Present Present Excused Present Present Present Present Also present: Mayor Christy Richard Diamond - City Planner Mr. Mackie made a motion 'to approve the minutes of the last meeting and workshop. Mr. Siciliano seconded the motion. Upon roll call the motion CARRIED 6-0. Mr. Mackie asked Mr. Diamond if he could bring the board up to date on any information he may have received from the City Attorney concerning legal opinions on the zoning of mobile home parks. Mr. Diamond said that the City Attorney has not finished all the necessary research. However, he had come up with the answers to some of the questions specifically, conditional rezoning was valid in the State. The City Council has suggested that mobile home parks be returned back to original zoning, they should remain legal as they now exist and the Council decided to set up their own public hearing to be held jointly with the Zoning Board. This meeting will be on July 31, 1978. Mr. Nichols explained that in 880 most of the mobile parks in Edgewater are not zoned mobile home. In the maD it shows most of these parks are zoned business or residential. Now we have to change them back. Mr. Wolfe asked Mr. Diamond if he would get a copy of the law that states conditional rezoning is valid in the State. He would like to have this information available for the public hearing. The last time he attended a zoning seminar he was told that conditional rezoning was not valid. In view of the fact that we are going to have to put some restrictions on mobile home zoning it would be a good idea to have all the legal information we can get. Mr. Diamond said that the County Board of Health has its own restrictions as far as spacing ~nd lot sizes and far as the units are concerned. This should be the minimum that the mobile parks are now complying with. He believes it is at least 2400 sq. ft. with the units 5 ft. back from lot line. The problem has arisen that we can't take each parcel that the owners own and zone that a mobil home district because mixed in with mobile homes are apartments, stores, garages, restaurants, etc. In one case there is a mobile park and right in the middle is a permanent structure with apartments. If we zoned that mobile home the permanent structure automatically becomes non-conforming. (.) Q \ ~ I \ ':;, Mr. Wolfe said he believed the city passed an ordinance that said you could upgrade from one zone to another~ residential. Mr. Diamond asked if that meant anytime there is a more restrictive use in there;than )that it is automatically allowed. Mr. Wolfe said he believed that was the way it passed. Mr. Mackie said that since the mobile parks were not zoned into the present map we now have some parks right in the line with B-3 commercial zoning. If we rezone mobile parks can we leave the commercial as it is? Mr. Wolfe said that mobile parks would be allowed in commercial zones. We don1t want to wipe out the commercial property that is already there. Mr. Nichols said he believed we had an ordinance that provides for the size house that can be built in industrial and business areas. Most of these buildings would be conforming. Mr. Wolfe said that if these buildings are further back than the commercial line than they will be nonconforming and in a specific number ofyears~ if it is still nonconforming it will have to come down. Mr. Diamond said he also had asked .the City Attorney about the discontinuance schedule for nonconforming buildings and which category mobile parks ,fall into. Mr. Wolfe said that, is something else that will have to be taken into consideration when the parks are rezoned. There was more discussion about nonconforming buildings and discontinuance of these buildings or businesses. There was a discussion about the public hearing on July 31st. Mr. Wolfe said that he thinks the Council and Zoning Board should listen to the people and their suggestions and not make a decision until after they have had a chance to study the entire situation thoroughly. Mr. Nichols said that Zoning Board should be well prepared for the public hearing.' ,Many mobile park owners have already said they are bringing their lawyers to the meeting. Mr. Wolfe~ Mr. Nichols and Mr. Bartholomew will want indirect conflict of interest statements to sign. Mr. Nichols asked if anyone had seen the new trailer parked by the Coronado Trucking Co. that is obviously being used as an office. Mr. Wolfe asked the secretary to send a memo to Mr. Murphy to check on this and send a report'to the Zoning Board. He also want Mr. Murphy to check on a house on the northwest corner of India Palm and Indian River Blvd. People are doing business in this house under the name of Belmont Homes. Also send a copy of this memo to the Council. He believes they are in violation of the zoning ordinance. Mr. Nichols made a motion that the Zoning Board notify the Building Inspector and the Council about these zoning irregularities. Mr. Engle secon~ed the motion. Upon roll call the motion CARRIED 6-0. Mr. Wolfe asked the members if they wanted to have a meeting prior to the public hearing about mobile parks. The Zoning Board will hold a workshop on July 18 to discuss mobile parks. Mr. Wolfe also asked the secretary to find out from the Building Inspector what is being done along Mango Tree and 15th and 16th Street~ next to Doug Cole's property. Are they planning a sub- division there and if so who is responsible for upkeep water etc.? ~ ~ sewer~ 2 ~ o o Mr. Nichols said that he believed' these lots were being sold as individual lots on the open market. Mr. Mackie called the Board's attention to Ordinance 1015. The first reading was last rright. He said that the Ordinance changes zoning in Florida Shores and also in the rest of Edgewater. He asked that the Council furnish the Board with written confirmation that the zoning changes in Edgewater, excluding Florida Shores, was properly advertise~ and a plJblir hearinq helrl. He said that the Zoninq Board had approved the Council suggestion that changes be made in the square footage of zones R-1, R-IA, R-2 and R-3 in Edgewater but he did not think these changes had been advertised. He said there have been too many complaints about people not being properly notified about zoning changes and the Council should check this out. Mr. Diamond said that the map of Edgewater needs to be brought up to date because there have been some recent zoning changes. Mr. Wolfe said that members of the Zoning Board would be happy to help Mr. Diamond make the necessary corrections to bring the map up to date. There was no further business brought before the Board. Mr. Mackie made a motion that the meeting be adjourned. Mr. Nichols seconded the motion. The meeti~g was adjourned. Minutes submitted by: Nancy Blazi 3 ..- ~ o Q I CITY OF EDGEWATER Zoning Board July 11, 1978 Minutes Chairman Wolfe called the meeting to order at 7:45 p.m. Mr. Mackie has already taken roll. It was noted that Mr. Bartholomew is excused as he is on vacation. Also present was Mr. Richard Diamond, City Planner. Mr. Mackie asked Mr. Diamond to comment regarding his contacting the City Attorney. This is on the June 6 meeting of the Zoning Board regarding the mobile homes. He was to contact the City Attorney and send a detailed letter out to enlighten the Zoning Board as to the legai options before holding a public hearing. Mr. Diamond said that the City Attorney hadn't finished his research, however he had come up with some answers at a recent City Council meeting, when the matter of the mobile homes was brought up. The answer he gave was that conditional rezoning was valid in the State., At that point Council members suggested that what should be done is that the mobile home parks return back to the original zoning, they should remain legal as they now exist. At that time th~ decided to set up their own public hearing and have it jointly with the Zoning Board. Mr. Wolfe asked Mr. Diamond to get him a copy of the law which states that conditional rezoning is valid. Mr. Diamond said it is probably case law, and he would try to get a copy. There was continued discussion about the mobile home parks and how they should be designated in the Code. There was mention of the joint public hearing held by the Zoning Board and City Council to be held on July 31. Mr. Nichols raised the subject of the two Bartholomew lots located next to the Wolf's Mobile Horne Park and advised the members to be ready for this issue to corne up at the joint meeting between Zoning and the Council. There was a lengthy discussion about the best use of the lots and about the mobile home park itself. Mr. Nichols asked if anyone had noticed the trailer parked next to the Coronado Trucking Company, apparently being used as an office. Mr. Wolfe suggested that Nancy Blazi send a memo to Mr. Murphy ~nd have him check it out. He asked that Mr. Murphy also check out a house on the corner of Indian River Blvd. and India Palm; he understands the Belmont Corporation is doing business from this house. He said there are two trucks parked there every night. There was additional discussion about whether this would be considered a home occupation. Mr. Christy, in the audience, said he has brought it up ffifore Council but has gotten no response from them. Mr. Nichols read the criteria for a home occupation; the members agreed it is in violation of the Code. The Board members again recommended that Mrs. Blazi send a memorandum to the Building Official first, and then, if necessary, to the City Council. Mr. Nichols motioned that a letter be sent to the Building Official and to the City Council to check into the matter just discussed; the motion was seconded by Mr. Engle and CARRIED 6-0. Returning to the discussion of the mobile home parks, Mr. Wolfe asked if the Board wanted to have a meeting with City Council prior to July 31. Mr. Nichols asked in what capacity the Zoning Board would be there - as knowledgeable technicians, and if so, he would like to know what Council will be talking about. Mayor Christy asked that the members of the Board provide input. Mr. Wolfe suggested that each speaker be given three minutes to present their views. Mr. Siciliano recommended that the Board get the City Council members feelings also, not just the recommendions of the Board. Mayor Christy did not believe the Councilor Board could express their desires before the public hearing. Mr. Mackie suggested there could be a joint meet- ing sometime in August after they have heard all pros and cons. Mayor Christy said that the land involved is less than five percent'of the City, . ~ o q therefore only one hearing is needed. Mr. Nichols and Mr. Wolfe both asked for a Conflict of Interest form to fill out regarding this matter. Mrs. Blazi asked what exactly was planned to be done to the mobile home parks, besides put them back to mobile homes. Mr. Wolfe said there would need to be some restrictions put on them. Mr. Wolfe asked for copies of the State and County mobile home park regu- lations as far as health and welfare are concerned. Mr. Diamond agreed to provide this information. The members agreed to have another meeting when the information is received from Mr. Diamond. On another matter, Mr. Wolfe said he would like to have some information from Mr. Murphy about what is being done on Mango Tree Road. Mr. Nichols said a man is developing it and selling it under the R-4 restrictions for individual lots - it is on the open market. Mr. Wolfe pointed out that he has not come before the Board with his plans. Mr. Mackie motioned to approve the minutes of the June 6, 1978 meeting. Mr. Wiggins seconded the motion, which CARRIED 6-0. reviewed Mr. Mackie brought up the rezoning/by City Council of property on Boston Road at their meeting the night before; they are reverting back to Rl and R2 that it was before. Mr. Mackie said that the way he understands it is the front of Boston Road on the highway was going into B-3 and the R-2, which would be on the right hand corner, will stay in the R-2. R-l is owned by some people who want to build a duplex. That one was held up by not being approved by the City Council. I think that they will probably be applying for a permit to build a duplex, but this here has not been finished by the Council yet. The Council tabled it and did not vote on it; in his opinion that should not have been tabled. Mr. Christy asked which one it was. Mrs. Blazi said that that section was tabled, readvertised for a public hearing to change it to R-4 (those three lots). They owned the property they said since September and bought it with the intention of building apartments on it. They understood that they could build on it as it was zoned. The Zoning Board had recommended that it be changed from B-4 to R-l. The other section was from B-4 to R-2, and the other was to B-3 (these front sections), stated Mrs. Blazi. Mr. Wolfe expressed the opinion that it would be spot zoning to rezone the B-4 to R-4. Mrs. Blazi said thatthe Reids own lot 7, the Kanes have 8 and 9 and Warren owns part of 8 and 9. The city attorney had said it would not be spot zoning. Mr. Mackie brought up the question of whether or not the change in square footage for areas in the City other than Florida Shores had been properly advertised before the public hearing. He suggested a copy of the letter of advertisement be provided to the Board. (The tape dies out here.) Minutes prepared by Joan Taylor from the tapes on May 17, 1984 Zoning Board July II, 1978 - 2 -