03-14-1978 Workshop
Q
Q
CITY OF EDGEWATER
ZONING BOARD
WORKSHOP
MARCH 14, 1978
There was discussion with the City Attorney about putting duplexes
in the residential zones throughout the entire City.
Chairman Wolfe explained that when the zoning was done, the area
of Florida Shores was set up so that duplexes could be built between
the commercial and residential areas.
Chairman Wolfe stated that he sees Mr. Griffith's problem but he
does not know how to handle it. He wants to build a duplex and
there are duplexes all around his property.
There was discussion about the Flea Market on Ridgewood Avenue.
The City Attorney explained how this is being taken care of, stating
that it will not be run as a flea market, he is just using that name.
The board went back to the discussion of Mr. Griffith's problem.
The City Attorney told Mr. Griffith that he does not see how any
of the boards can grant him any relief, because it would have to
be advertised to change R-3 in it's entirety.
It was agreed by the board members that they would not want duplexes
added into the R-3 districts, but should maybe be in R-4 districts.
It is already incorporated into the R-5 districts.
The City Attorney began a discussion on the applications for churches.
He said that the way it stands now we only have two zoning classifi-
cations for churches. These are B-3 and R-5.
Chairman Wolfe stated that he feels that churches should be in
R-l, R-2 and R-3 zones. They will still have to comply with the
parking.
There was discussion about a hearing on this matter. It was decided
that the best way to handle it is to have one big public hearing on
all of the items. The City Attorney explained how this has to be
advertised.
It was stated that perhaps churches should be put under special
exceptions under any district.
There was a question about the definition of a fish camp. It is
not specifically defined in the ordinance. A marina is defined.
Chairman Wolfe stated that the next item is the problem with Paul
Loeffler.
Attorney Woods stated that he does not see any problem at all,
you can confine this in a B-3 zone. All of the controls are going
to the Board of Adjustment, to make sure that whatever business
going in there will comply with the requirements set forth.
Discussion began about the trailer parks within the City. Chair-
man Wolfe stated that he will draw up the legals and bring in the
map at the next meeting.
Mr. Nichols asked if we are going to consider Doug Cole's problem?
Chairman Wolfe asked Richard Diamond, City Planner if anything was
planned for the area out Mango Tree Drive near 12th...
Mr. Diamond stated no, as far as he knows.
o
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Chairman Wolfe stated that Doug Cole owns a piece of property
and the other side belongs to Mr. McCallister, which he would
like to see remain R-4. Mr. Cole's property is about 300'North
and South, probably 900' East and West that will take it to the
railroad tracks, and make it 1-1. This was 1-1 before and we
changed it to R-4. We need to send this to the City Council also.
Chairman Wolfe asked Attorney Woods to explain Ordinance 997 to
the board.
Attorney Woods stated that this is essentially that whenever an
application is made for an occupational license, a building per-
mit etc., said application shall be submitted to the Zoning Board.
This is particularly for unclassified type businesses, that perhaps
is not a special exception for that zone but should be. The Council
wants the Zoning Board to consider these applications taking into
consideration the criteria, and make a recommendation back to the
City Council.
There was some discussion on the purpose for doing this. Attorney
Woods explained that there will still have to be a public hearing
for a change in zoning.
There was agreement among the board members that this seems to be
a good idea. Mr. Diamond explained that the applicant can appeal
to the Board of Adjustments for a determination in the interpreta-
tion and then if it was found that it was not in the ordinance,
then it would go to the Zoning Board.
The board went over a letter that was sent to them from the Board
of Adjustments. The wording in the five criteria that the board
has to go over in order to grant a variance has been changed. The
City Attorney stated that he will have to go over this.
There was discussion about the Board of Adjustments decisions
having to go to the Council for final approval. This is how the
ordinance states at the present time.
Mr. Diamond suggested that when the ordinance is amended, every
place that "the Planning Board" is mentioned it should say
"Zoning Board". He went on to explain that he has checked up
on the history of the Planning and Zoning Boards, and has found
a duplication of the duties, and where they were once one board
and have been taken apart and put back together and so forth.
There was discussion about the operation of the other Cities
various boards. Mr. Diamond stated that he is to receive copies
of by-laws from the County on the different boards.
Mr. Nichols asked if this board is going to discuss the things
that we have talked about tonight at a regular meeting and make
recommendations to the Council on them? It was agreed that recom-
mendations would have to go to the Council. Mr. Nichols continued
to go over the l.ist of items for discussion.
Mr. Mackie asked again about whether the board should hold a public
hearing themselves?
Attorney Woods explained that he is going to bring this up at the
Council meeting Monday night, and see if they will hold a public
hearing on the R-4 change.
Mr. Nichols went on with the list.
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A gentleman stated that he was told to come to this board to see
what he has to do to put up a fence on his property. He would
like to put up a six foot barbed wire fence up all the way around
his property. It is zoned B-3.
The board members began looking over the requirements for fences.
It was stated that there should not be any problem at all. A
barbed wire fence does not obstruct the view or anything.
Mr. Nichols read from the ordinance in regard to this. It states
that a fence six foot high is required in this area, the bottom
four feet being solid and the top two feet being open.
It was stated that this will have to go to the Board of Adjustments
for approval. Attorney Woods agreed that a special exception has
to be granted by the Board of Adjustments.
This was discussed further with Mr. Diamond and the attorney.
Mr. Mackie made a motion to adjourn, being seconded by Mr. Nichols.
ADJOURN.
-3-
u u
Ciitr of QtbgebJater
Volusia.County, Florida 32032
Post Office Box 100
I~ arc h 1 0, 1 9 7 8
News and Obs~~ver
109 Magnolia Street
New Smyrna Beach, Florida 32069
Gentlemen:
Please publish the following notice of Public Hearing (one
time) and send the proof of publ ication and bill to the
above address;
NOTICE OF PUBLIC HEARING
11 r. G e 0 r g e B. 0 ex tel' i s r e pre s e n tin g 11 r. C. N. Ham e 1 i n r e z 0 n i n g
the property presently zoned MH-l to R-4. The legal discription
being: .
Parcell - Lot.6, Section 2, Township 18 South; Range 34 East,
except the North 300 feet and except the South 500 feet and that
part of the West 1/2 of the Northeast 1/4 of Section 2, Township
18 South, Range 34 East; lying East of U.S. No 1 Highway and
West of that part of Lot 6, described above, and parcel of
semisubmerged land described as follows: Filled and semisubmerged
land lying Easterly from U.S. Lot 6, Section 2, Township 18
South, Range 34 East, except the North 300 feet and except the
South 500 feet; described as follows: Begin at the Northeast
corner of U.S. Lot 6; thence South 280 E along the East line of
said U.S. Lot 6 a distance of 339.75 feet for a POINT OF BEGIN-
NING; thence North 620 East 243.08 feet to the Westerly right-
of-way line of the Intracoastal Waterway thence S 260 141 53"
E along said Westerly right-of-way line 589.2 feet; thence South
620 West 225.07 feet to the East line of U.S. Lot 6; thence North
280 West 588.94 feet to the POINT OF BEGINNING.
Lot 6 excluding North 300 feet and excluding South 500 feet and
3.2 Acres filled land East of same and West 1/2 of NE 1/4 East of
S.R. and riparian rights, Section 2, Township 18 South, Range 34
East.
The North 300 feet of Lot 6 and the West 1/2 of NE 1/4 East of
S.R. excl~ding North 280 feet measured on Highway of West 397.26
feet and excluding N 100 feet measured on highway lying East of a
line 397.26 feet East of Highway and filled land East of same.
Section 2, Township 18 South, Range 34 East.
Parcel 2 - A parcel of land lying in W 1/2 of NE 1/4 Sec. 2, T 18
S, R 34 E, and part of U.S. Govt. Lot 6, Sec. 2, T 18 S, R 34 E,
being more particularly described as follows: Commence at the
intersection of the N/L of W 1/2 of NE 1/4 Sec. 2, T 18 S, R 34 E
and the East R/W of u.s. Highway No.1, a 158 foot R/W as now
laid out, thence along said East R/W S 260 261 E for a dist. of
100 feet for the P.O.B., thence continuing along said last
mentioned line S 260 26' E for a dist. of 180 feet, thence East
and parallel to the North line of W 1/2 of NE 1/4 aforementioned
for a dist. of 347.49 feet, thence N 260261 E parallel to East
R/w of U.S. .H~wy. No.1 for a distance of 65 feet, thence East 50
feet, thence N 260 26' Wand parallel to East R/W of U.S. Hgwy. No.
1 for a dist. of 115 feet, thence East and parallel to North line
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PAGE 2
of W 1/2 of NE 1/4 aforementioned and the North line said U.S.
Gov1t. Lot 6 and lying 89.5 feet at right angles from said North
line U.S. Gov't. Lot 6 and W 1/2 of NE 1/4 of a dist. of 615.8
fee t tot h e" \~ est ban k 0 fIn d i a n R i v erN 0 r t h, the n c e N 6 2 0 E
250.86 feet to the West R/W of Intracoastal Waterway, thence N
260 141 53" W along said :West R/W line for a dist. of 22.66 feet,
thence S 620 W for a dist. of 251.05 feet to West bank of Indian
River North, thence East and parallel to North line of U.S. Gov't.
Lot 6 and N/L W 1/2 of NE 1/4 aforementioned for a dist. of
635.11 feet, thence S 260261 E and parallel to the East R/W of
said U.S. Highway No.1 for a dist. of 22.34 feet, thence East for
a dist. of 377.49 feet to East R/W of said u.S. Highway No. J and
the Point of Beg.
This will appear before the Edgewater Zoning Board on April 4,
1978 at 7:30 P.M. in the City Clerk's office for the purpose of
hearing all interested parties and to consider and act on this
application.
This property is located between Pyramid Mobile Home Park and
Friendly Shores Mobile Home Park.
City of Edgewater
J5tc0
~~~~~d-~
. "
Sue Blackwell
City Clerk
S\'JB/sjw
(.) ?J):"7 OF S1.BVEY OF
.' Lot 6, Section 2, To..-nsht? 10 ;-.)'t;tr.' :1a~:c ::"1 'El::-.t, e);Ci.:Pt~e Horth 3}.) feet e"'~ exc'pt
the SJUt.h 500 feet ~d ':.r.at part of ~be ~':e:;t 1/2 of the Northeast 1/1~ 'Jf Section 2. ':n-
ship 13 ~C'Uth, Rar..se 31~ ;;"est. lying East of U.S. ~o. 1 El,,::h\lay and '/I'~t :)l~ :hnt p~t :
!,.;t E, ~(;Gcr~bed :3lI0':'~, l)nQ parcel of r-\..'lTJ5ub~..:rbed lane. de:,';rl~('d a~: :0]1";.18; /'
and ~':c:i~ubm('rged lord :yin3 rafterly rroTn U.:--. L,:,t 6. :-cd.i0n 2, Tc'.nahip 18 -=.0\" I
Rnr~~e 3h ~ast, except :he K)r:h 300 fe~t and ~XC~?~ ~h0 ~~~'h 5~J ~~et: cescrjbcd e
f~~lo...s: 3egin at 4r~ r;or~hen::=-t corner ~f U.;-. ~JO': (; :.hcnce S::lU7'o 2&0 E el':'ne; ~"c
E:.:st 1jn~ of ~a5u U.S. T/.)t 6 a distencf> of 33:':.75 f.~ci;. fJr a :?O-:-!Tl' O? 3FGOOiI!iG: ~r' n"
1;t)r..h 620 Sast :=:~3.1)B l~(>et to t.he ''':e~..o?rly d&""-()f-';ay l~ne ::>f :he Iniracosf;..al ~.;.. ~-..e'J
t~jenc~ r ;;-1)0 ll~ I 53" E slong Re in 1'~es+.r'rl:r rtt~h~ -of-\:ay 1 :ne jf.c:.? fe~t; I:.henc~ C:!";.1Jt~ (~a
Wcr;t 2;:r;.J7 feet ta the ~9.st l:ne of TJ.S.Lot 6; th.:n,~e lior:.!: 2~0 :':cd :;:23.94 feet, t..,'1ic
POI!1'T OF S':;::CITI!'i"J3G.
L0t C c~cludi.J\3 :;arth }')J f'.::et. end excluding 2:mth 50C fc,~J "'1d ::.2 ....cr'.:'s fin<...ri l"nd 'f'~'"
f .;l q t' /"'l f 'kjE 1/4 E t f S R ~_.l . " . \..... C f" ',... -l~!::: ....." '"
o se.:-Je en... \\es .L. L 0 l'.oJ as' 0 ._. au..L ri.par.l..8n r11;".;;, .,r:c ~n c. 1. '.":\J'" .
-ll
The !i 300 feet of Lot. 6 and of West 1/2 of NE 1/4 East of S.R. exclud ~ng r.c.rth 23') :'C'c"
meas~ed on IIigh;.lay of \-iest 397.26 feet snd excludin~ 11100 ....eet roee~'1l.ed on h~gh',lay ly'ne;
East of a line 397.26 feet East of HIE:lvay &nd filleo. land rest of sa~. Section?, :lr~:
R34E. df~J.dv')
April 27; 1973 -- I hereby certify that this ,/t?~ fV~
plat ~c a ~!~e and correct representation fJ' ,g1'~~
of tI,e lImo f.uryeyc-cl. ;/ f'/()vf{ffJP JIf.
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Parcel
1 _ Lot't. Section 2, Town ship 1 8 sou~ Range 34 Ea st,
except the North 300 feet and except the South 500 feet
and that part of the West 1/2 of the Northeast 1/4 of
Section 2, Township 18 South, Range 34 East; lying.
Ea st of U. S. No. 1 Highway and West of tha t part of
Lot 6, described above, and parcel of semisubmerged
land described as follows: Filled and semisubmerged
land lying Easterly from U. S. Lot 6, Section 2, Town-
ship 18 South, Range 34 East, except the North 300 feet
and except the South 500 feet; described as follows:
Begin a t the Northea st corner of U. S. Lot 6; thence
South 280 E along the East line of said U. S. Lot 6 a
distance of 339.75 feet for a POINT OF BEGINNING; thence
North 620 East 243.08 feet to the. Westerly right-of-way
line of the Intracoastal Waterway thence S 260 14' 53"
E along said Westerly right-of-way line 589.2 feet;
thence Sou th 620 We st 225.07 feet to the Ea st line of
U. S. Lot 6; thence North 280 West 588.9.1 feet to the
POINT OF BEGINNING.
Lot 6 excluding North 3.0.0 feet and excluding South 500
feet and 3.2 Acre s filled land Ea st of same and We st 1/2
of NE 1/4 East of S. R. and riparian rights, Section 2,
Township 18 South, Range 34 East.
The North 300 feet of Lot 6 and of West 1/2 of NE 1/4
Ea st of S. R. excluding North 280 feet mea sured on High-
way of ~est 397.26 feet and excluding N 100 feet measured
on highway lying Ea st of a line 397 . 26 feet Ea st of Highway
and filled land East of same. Section 2, Township 18 South,
Range 34 Ea st.
Parcel 2 _ A parcel of land- lying in W 1/2 of NE 1/4 Sec. 2,
T 18 S, R 34 E, and part of U. S. Govt. Lot 6, Sec. 2,
T 18 S, R 34 E, being more particularlY describeo as
follows: Commence at the intersection of the NIL of
W 1/2 of NE 1/4 Sec. 2, T 18 S, R 34 E and the East
R/W of U. S. Highway No. I, a 158 foot R!W as now
laid out, thence along said East R/W S 260 26' E for
a dist. of 100 feet for the P.O. B., thence continuing
along said last mentioned line S.260 26' E for a dist.
of 180 feet, thence Ea st and parallel to the North Line
of W 1/2 of NE 1/4 aforementioned for a dist. of 347.49
feet, thence N 260 26' E parallel to East R/W of U. S.
Hgwy. No. 1 for a di stance of 65 feet, thence Ea st 50
feet, thence N 260 26' Wand parallel to East R/W of
U. S. Hgwy. No.1 for a dist. of 115 feet, thence
East and parallel to North line of W 1/2 of NE 1/4
aforementioned and the North line said U. So Gov't.
Lot 6 and lying 89.5 feet at right angle s from sa id North
line U. S. Gov't. Lot 6 and W 1/2 of NE 1/4 for a dist.
of 615.8 feet to the West bank of Indian River North,
thence N 620 E 250.86 feet to the West R/W of Intra-
coastal Waterway, thence N 260 14' 53" W along s.aid
West R!W line for a dist. of 22. 66 feet, thence S 620
W for a dist. of 251.05 feet to West bank of Indian
River North, thence East and parallel to North line of
U. S. Gov't. Lot 6 and N/L W 1/2 of NE 1/4 afore-
mentioned for a dist. of 635.11 feet, thence S 260 26' E
and parallel to the East R!Wof said U. S. Highway No.
1 for a dist. of 22.34 feet, thence East for a dist. of
377.49 feet to Last R!Wof said U. S. Highway No.1
and the point of Beg.