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03-07-1978 ~ 4 o v EDGEWATER ZONING BOARD REGULAR MEETING MARCH 7, 1978 Chairman Wolfe called the regular meeting of the Edgewater Zoning Board to order at 7:35 P.M. in the City Clerk's office. ROLL CALL: Richard Bartholomew James Engle James Mackie William Nichols David Wiggins Robert Wolfe City Attorney Judson Woods Present Present Present Present Present Present Present It was clarified that the purpose for Attorney Woods' presence is to answer certain questions about changes to Ordiance 880. Discussion began on the B-3 Special Exceptions. The proposal is to require that all of the buildings have 5,000 square feet and that any activity would be done entirely indoors. Chairman Wolfe's question was, can this be done legally. Attorney Woods stated that he has looked in various zoning codes and he can not find any authority to do this. There was more discussion on this matter and Attorney Woods stated that he will look into this further and report back to the board. Chairman Wolfe stated that there are strips of land running from Riverside Drive to the highway where there is no access. The best use for a piece of land like this is something like a town- house, but it is a residential zone. Attorney Woods stated that in a case where the property can not be used reasonably, then the City should grant some kind of re- lief, throught the Board of Adjustments, technically. Attorney Woods presented Chairman Wolfe with a Zoning Ordinance with wording in it about such problems as this. There was discussion about the lands that should be zoned out where the mobile home parks are. They were originally in here before the zoning ordinance was adopted and it would be unreasonable to rezone them. Chairman Wolfe stated that we should discuss where you can revert back to what you were. go ahead and do this where the board created is not the language as such. the preference setting We should be able to a hardship, but this Attorney Woods stated that this is the same type situation; these mobile homes were here prior to the passing of the ordinance. One ordinance can be drawn up to cover all of the parks at one time. Mr. Mackie explained the next problem, where we have changed some of the zonings by just adding a letter after another number to identify it as a separate unit from the rest of the City. Chairman Wolfe stated that this is some property about a mile long. r " (.) (J Attorney Woods stated that you can do this. be required is two public hearings with the the newspaper. He does not see any problem reccomends this to the Council. What is going to required notice in if the Zoning Board Chairman Wolfe stated that they can build duplexes in R-4, but there is not any language in there to tell how a duplex can be built, as far as the setbacks, lot size and so on. Attorney Woods said again that the way to handle this is by the two hearings so that the public can voice their opinions. Chairman Wolfe stated that the City annexed Mr. Hamel's property into the City. The time that this annexation took place is very important. Attorney Woods stated that he was legally annexed at the earlier time even though the City did not go over to the County for their approval. There is no law on the books stating that the County has to grant their approval before the municipalities can annex 1 and. Attorney Woods stated that it is going to take a lot of work to revise Ordinance 880, but he feels that it should be done. It was discussed and decided that the board will start having workshops to work on the changes. Attorney Woods stated that he feels that the board should look into putting something into the ordinance that would rid the City of some of the unsightly buildings on U.S.l. We should be able to go in and condemn these buildings. This was discussed with the Building Official, who informed the board that this is in the Building Code. A workshop meeting was scheduled for next Tuesday night, the attorney to be present. (At this time the tape did not record.) Mr. Nichols made a motion to accept the minutes of the last meeting. Mr. Mackie made the second. CARRIED 3-0. Mr. Wiggins and Mr. Bartholomew did not vote;for they were not at the last meeting. Mr. and Mrs. Kotakes were present at the meeting. There was some discussion on the type of business that they are planning on opening at 118 North Ridgewood Avenue. There is an attached form to their application; a sworn affidavit stating that they will be operating a retail store with stock from 10,000 to 30,000. Mr. Bartholomew made a motion to accept this application with the signed affidavit. Mr. Nichols made the second. CARRIED. Mr. Mackie voting NO. Mr. Dexter was present at the meeting to discuss the proposed plan for Pelican Cove. He passed out the proposed plans for the development. Mr. Hamel is being represented by ~1r. Dexter. Chairman Wolfe instructed the secretary to set up a public hearing for Mr. Hamel, to change the present zoning of this property. The property is to be rezoned from MHl to R-4. Mr. Mackie made a motion to set up a public hearing. Mr. Nichols made the second. CARRIED 6-0 -2- r ~ , ~ ~ Mr. Reay Mackay representing New Century Reality was present to find out if he could build duplexes in the 300 block of India Palm Drive. The board explained to Mr. Mackay that we are going to start workshop meetings to work all this out with the attorney and revise Ordinance 880. Mr. Read was present at the meeting. He asked the board why he had not been put on the board. Chairman Wolfe and Mr. Nichols both agreed that it would have been a conflict of interest. Mr. Read thanked the board and turned in his ordinance book. Mr. Mackie made a motion to adjourn. Mr. Nichols made the second. CARRIED ADJOURN. -3-