01-10-1978
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lO'N ING BOARD
REGULAR MEETING
JANUARY 10, 1978
Chairman'Wo1fe called the Zoning Board meeting to order on
Janaury 10, 1978 at 7:30 P.M. in the City Clerk's office.
ROLL CALL
Mr. Mackie
Mr. Bartholomew
Mr. ,Nichols
Mr. Wiggins
Mr. Wolfe
Present
Present
Present
Present
Present
No minutes were discussed or read.
Kenneth May
Jess Leach
Perry Barrett
Vincent Higgs
Rober.t Christy
Geo. Dexter
Irene Mackie
David Winte
Don Bennington
Gigi Bennington
Earl Wallace
Ken Robinson
Chairman Wolfe stated that we will go over and discuss :D. and
A.Trai1er sales application for an Occupational License. The
owners are Richard and E1iane Isamore. The place of business
is 1705 S. Ridgewood Ave. This was the Taylor Tires store. ",
Chiarman Wolfe stated that Mr. Isamore will have to go by State
regulations.
Chairman Wolfe passed around the application for Pyramid Welding
Occupational License.
Chiarman Wolfe asked Mr. ,Wallace to give his presentation.
Mr. Wallace stated that he was here to discuss the application
for David Winte at 2027 S. Ridgewood this is zoned B~5.
He went on to say that the type of business that he is interested
in putting in there is not listed in ,the Zoning of the' \
City. The type of business is a arts and candle type business.
The retail part is covered in the ordinance. There will be
candle molding they will be selling their own products. The
candle craft part will be working with molds. They will be
mel ting down wax to put into,: these mol ds. We woul d 1 i ke to get
approval for application so that these people can produce these
candles in the back and then put them in the retail sales portion.
Mr. Wallace asked if Mr. Winte would like to give a few words.
Mr. Winte stated that he does not have to much to say. He
introduced Mr. and Mrs. Bennington.
Mr. Nichols asked if there would be alot of fumes or heat.
Mrs. Bennington stated that there would be no fumes. but the
candles will be sented.
Chairman Wolfe stated that we will put this under hobby shops
and gift shop.
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Zoning Board
Janaury 10, 1978
Mr. Nichols made a motion to allow an arts and crafts to Operate
at this location. 2020 S. Ridgewood Ave. Mr. Wiggins made the
second. CARRIED. 5-0 No discussion.
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Mr. Mackie stated that they will have to go by the fire laws.
Mayor Christy asked about the Pyramid Welding. He wanted to
know the'date. Chairman Wolfe stated that it was 12-22-77.
Mayor Christy. stated ,that on 12-12 the council made a motion
to grant him a boat motor sales and services and repair
welding it passed 5-0.
Mayor Chriity stated that what he wanted to do and he explained
at the time that he wanted to get permission and,go on and do
custom welding for walk in business. This would include small
welding jobs. This would be repair welding work..
Mr. Mackie made a motion to accept this as a small type of
welding shop as a permitted Use. Mr. Nichols made the second.
CARRIED 5-0.
Mr. May is asking the a plastic molding shop be added to the
permited Uses. This will be located in the bUilding on the
east side of the road between Snider and Ocean.
Chiarman Wolfe stated that,we just passed two new uses to go in there
one metal plating industrial chrome, Machine shop tool and die
only.
Mr. May discussed how the operation will work. He'will be making
plastic co~tainers for pairit.
Chairman Wolfe asked Mr. May if he had enough parking. He answered
that he did. An excess road. Mr. May stated yes; Drainage,
Mr. May stated yes.
There was discussion about the traffic situation which will exist.
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Mr. May stated that he has taken care of a buffer zone around this
area.
There was more discussion about how the operation will work.
There was discussion as to how this recommendation should be worded,
befor.e sending it to the Council.
Chairman Wolfe stated that we should be sure that it is injection type
molding.
Mr. May stated that what he is asking for is to be permitted to use
injection molding to make five gallon cans.
'Mr. Nichols stated that this should definitely be worded to clarify
it to the public.
Mr. May explained that it is an injection molding machine.
Mr. Nichols stated that he would like to make a recommendation that
We allow as a permitted use, injection type mo,lding, in I-I District.
Mr: Mackie asked if we should specify that this is for making con-
tainers, since injection molding can be used for many things.
Mr. NiChols asked if we should use the word"cold" in the description
to clarify it even more..
It was explained that injection molding can only be a cold process.
Mayor Christy was given the brochure on this so that he will be able
to answer any questions when this comes up before the Council.
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Mr. May explained that he is asking for a high density polyurethane
injection mnlding plant to make containers.
Mr. Nichols made a motion that we allow as a permitted use in 1-1 an
injection molding plant for high density polyurethane, being seconded
by Mr. Mackie. Said motion CARRIED, 5-0.
Chairman Wolfe read a letter to the board in regard to a zoning
change from B-3 to 1-1 .for the area from Marion Avenue to Rhode
Island along U.S.l, with a depth of 250 feet.
Mr. Loeffler spoke to the board members about this, stating that
the way it.is now anyone wanting to go into business in this area
has to go before the Board of Adjustments and pay $50.00 first.
The board read OVer and discussed the recent Ordinance passed by
the City Council.
Chairman Wolfe stated that he does not want to get the City in a
bind by spot zoning, therefore could the board handle each licensee
as they come in and put restrictions on them.
Mr. Wiggins stated that he thinks that this is the best approach.
Mr. NichOls read the definition of a special exception.
Chairman Wolfe stated that he thinks we should get a legal opinion
on this' so that we don't get the--City in a bind. '
Mr. Nichols stated that he thinks this should be done, it is not
his own-created hardship. This was an over sight when the zoning
was done, and we can take a man's liveli'hood away because it was
rezoned on him.
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Chairman Wolfe stated that the board could hold a Public Heari"g
and then make a recommendation to the Council.
Mr. Mackie stated that he feels that it would go faster this way;
for this board to hold a Public Hearing.
It was decided that the board would do this, and it was discussed
as to how it should be handled.
Mr. Mackie suggested that we just add more permitted uses in the
B-3 zoning. It was stated that there would have to be certain
restrictions put on these uses.
Mr. Wallace stated that if it was worded in such a manner as to call
it prefabrication it Would fall under just about any man made material
that is worked with.
The majority of the board members liked this idea. It was also the
hope that the City would hold off on making the present bUSiness .men
move out of this area until this is resolved.
Mr. Dexter was given the floor. He explained that he is a realtor
and that he is on the Variance Board in New Smyrna Beach. He is
representing Mr. Reed, who purchased certain property prior to the
Changing of the zoning. The law now requires 12,000 square feet on
the lot and 1,200 feet in the house. He showed the board a plan
which has been approved by the Building Official Mr. Murhpy, explaining
how the land has been divided up into separate lots. He stated that
what he needs from the board is approval as a subdivision.so that
Mr. Cory can put the interior in and come back and deed the street
to the City. He stated that he already has approval from the City's
Water and Sewer Department.
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The board members looked over the plan with Mr. Dexter. He answered
several que~tions about the plan.
Mr. Wolfe said that the law states that anything over two lots must
be subdivided. This would be the way for this to go as long as he
complies. with the zoning. He will have to get the approval of the
City fQr a subdivision and that goes to the Building Department.
This board .just has to approve the site plan.
Mr. Loeffler stated that he should not ask for a subdivision,
because there-is a lot more involved in that.
Mr. Wolfe stated that in this case he has to go before the Board
of Adjustments. He stated again that the City law says that anything
over two lots has to be subdivided.
Mr. Dexter stated that he does not know the procedure here, and he
wants some guidance as to what he has to do and he will do it.
There was discussion about what the builder will do with the road;
whether it will be deeded to the buyers or given to the City.
Mr. Dexter stated that he was told that there was no need for him
to go to the variance board because he is complying with everything.
He said that he also spoke to the Planning Board members and they
said that there. was no problem with this.
Mr. Wolfe stated that this board can go ahead and send this to the
Council and:let them handle this. .
Mr. Wallace stated that all Mr. Dexter is looking for is site plan
approval and he does conform with the requirements in the R-1A zoning.
Mr. Wolfe stated that he has looked at everything that he can think
of and now he would like a motion on this.
Mr. Wiggins stated that he makes a motion to accept the site plan,
being seconded by Mr. Bartholomew.
Mr. Mackie stated that he would like to see the road paved and
dedicated to the City.
Mr. Nichols-stated that the section of site plan approval is on
page 117. The board mem~ers went over this.
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The ~revious motion passed, 5-0. Mr. Wolfe stated that this will
be sent on to the Council with. the Zoning Board's approval.
Mr. Wolfe read a letter to the board in regard to some property on
Thomas Street. It was requested that the zoning be changed in order
to construct a church on this property. Mr. Wolfe explained that
this was zoned Commercial, and the law states that once it is zoned
it stays and does not ever revert back. He said that the only
question he has is did the City vacate Third Street?
Mr. Loeffler stated that he will have to look this up.
The board looked over the zoning map and the classifications.
Mr. Wolfe stated that this is zoned B-3.
Mr. Loeffler stated that there is no problem then because a church
will go in B-3.
Mr. Nichols stated .that this is a special exception. Churches are
automatically accepted.
Mr. Mackie stated that churches is listed under the B-3, so he didn't
even need to come here.
.M r . L 0 e f fl e r s tat e d t hat the 0 n 1 y pro b 1 em is. w h e the r t hat s t r e e t was
vacated.
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Chairman Wolfe stated that this will have to be taken care of
by the Cit~.
Mr,; Mackie stated that this was discussed when the bank wanted
to build there.
Mr. Lqeffler stated that he will look this up.
Mr. Wolfe stated that as far as the street being vacated this has
to be done by the City, and the zoning is all right.
Mr. Wiggins made a motion to adjourn, being seconded by Mr. Nichols,
said motion CARRIED. The meeting adjourned.
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