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07-19-1977 Recessed Public Hearing 07-12-1977 . o o ZONING BOARD PUBLIC HEARING RECESSED FROM July 12, 1977 JULY 19, 1977 Doris Massey Chairman Wolfe called the recessed meeting to order. There was no quorum at the July 12, 1977 meeting. There was a Certification from Sue Blackwell the City Clerk. This was read also an affidavit from Mr. Taylor was read. Let the record show that on Mrs. Massey's property that the board with the sworn affidavit from Mr. Taylor that he voted yes. The quorum voted to a 3-0 in favor. On the affidavit dealing with Mr. Tucker, Mr. Taylor voted no. We now have a quorum the vote was 2-1, 2 for and 1 against. Mr. Wolfe read a certification from Mrs. Blackwell. Mrs. Blackwell contacted Mrs. Wiggins and Mr. Wiggins could not have vistors. He went on to say that Mrs. Blackwell did not see Mr. Wiggins but talked to him over the phone. He is in favor of the zoning change for Mrs. Massey and also in favor of having Tucker Manufactures .to use the Atlantic Machine Shop for light manufacturing. Councilman Deitz stated that he had talked to Mr. Wiggins and Mr. Wiggins stated that he would sign an affidavit in the morning. Mr. Mackie asked Mr. King what were his intentions in vacating the: building. Mr. King stated that he had sent a letter to the City Council on this. He went on to say that this was another step in moving the heavy equipment. He stated that at this time he could not give a date that we would be totally moved out of there. Mr. Mackie asked if this would be two or three months or what. Mr. King stated that he could not give a date when they will be out completely. He went on to say that as the other business takes over the area he will be moving his things to ano.ther location. Councilman Deitz stated that he will agree with Mr. Mackie there needs to be a time limit on this. Mr. King stated that the letter that he sent to the City Council states that any property that he gives up for another business, that Atlantic Machines cannot take that back at a later date. Mr. King stated that there was no way possible that Atlantic Machine can take a step and say that they will be out of there within a certain amount of time. Mr. Mackie stated that we are not against what you are trying to do. But what he is scared of is that once we open this door for manufacturing you will still be there. This is what we do not what to happen. Chairman Wolfe stated that if we said light manufacturing and then spell out what can be there. Councilman Deitz stated that we are trying to make a trade off. Mr. King stated that that is what we are trying to do, we are trying to get out of that area. He went on to say that he can not give a specific date. He is willing to give up the space and not take it back. o o Page 2 Zoning Board July 19, 1977 Councilman Deitz stated that the only thing is the time element in lue of instead of addition to. Mr. Loeffler discussed Ordinance 219. He stated that there is still Light Industry down there. Chairman Wolfe stated that OrBinance 219 has been replaced by Ordinance 880. Councilman Deitz asked Chairman Wolfe if you make this classifaction change are you going to have a Public Hearing. Chairman Wolfe stated that we would. Chairman Wolfe stated that he wants to put in there where the Heavy Manufacturing exists that when they vacate their square footage he can not ever come back in Heavy. Chairman Wolfe stated that he wants to put in an added classification and bind it to one area. Bound on the north by Monroe Street and south by Rhode Island and west U.S. 1 an~ the property line on the east. Chairman Wolfe stated that there are two cabinet shops on U.S. 1 that have gotten an occupational license in the last two years, Light Manufacturing would be cabinet ships. He does not understand how they got a license. Mr. Mackie stated since we are on the subject of license he would like to find out if these are looked up to see if everything is ok before the license is issued. Mr. Loeffler stated that they are suppose to come to him before they are issued. Councilman Deitz stated that it use to be someone would come in and go to Sue and say here is my money and now I want a license. Now he understands it should go to Mr. Murphy. Mr. King brought up the time element that Mr. Tucker is working under. Chairman Wolfe stated that what he would like to see the Council do is to say yes and let him put it in there and by then we hope we can send a program to them and this is how it is going to work. Mr. King stated that Mr. Tucker has to move before the end of this month and we don1t have a decision we will have this Heavy Industry. Councilman Deitz stated that what we will have in there is Light Manufacture with the Heavy Industry. Mr. King stated that this is a step to replace this Heavy Industry. Chairman Wolfe stated that we will do it this way, We will need a letter from Mr. King certifying that as you vacate your square footage, you will not be able to come back with the Heavy Industry. This must be done by the morning. Councilman Deitz stated that the law states that the only way you can do this is by Public Hearing, except in the case as an emergency. There was more discussion on the date, Mr. King stated that he could not give a date, it is not possible. I Councilman Deitz stated that he beleived that this was discussed at the Council Meeting the other night and he took it as a trade off. That you move out and Tucker Manufacturing moves in. Mr. King stated that he feels that you would rather have half of Atlantic Machine Shop there. Q o Page 3 Zoning Board July 19, 1977 Chairman Wolfe asked Councilman Deitz if we accept Tuckers Manufacturing in addition to Atlantic Machine vacating over a period, as he vacates he can't return. Councilman Deitz stated all we can do is go to the attorney. If you get that opinion can we handle this as an emergency? Mr. Mackie asked if Mr. Woods would be at the Council meeting tomorrow? Councilman Deitz stated that he would. Mr. Mackie asked if it would be possible to ask him this. And if we need to have a Public Hearing we can notify the City and then we can go into a Public Hearing. Mr. King stated that Mr. Tucker has to vacate where he is now by the end of the month and he needs a decision. Mr. Mackie stated that he feels the best thing to do is to bring this up to the City Council and get some kind of answer from them. Councilman Deitz asked if Mr. Mackie can attend the meeting tomorrow. He stated that he could. Councilman Deitz stated that he should make a report to the attorney. Mr. Wiggins will have to give his affidavit by tomorrow. Mr. Mackie asked Mr. King to also attend the Council Meeting tomorrow. Mr. Mackie asked Susan to type up what the board wants him to bring up at the meeting tomorrow. Mr. Loeffler stated that we have 28 houses in Florida Shores that are on non-conforming lots. They're only 100 feet deep and 80 foot wide they are not conforming. There was some discussion on this between Mr. Loeffler and the Board. ROLL CALL James Mackie Robert Wolfe David Higgins Robert Taylor Grace Secki Present Present Excused Excused Excused GUESTS Norman King Councilman Cal Deitz Doris Massey Mrs.!. Mackie Paul Loeffl er Mr. Mackie made a motion to adjourn ADJOURN Q <.) AFFIDAVIT STATE OF flORIDA COUNTY OF VOLUSIA Before me this day personally appeared ROBERT TAYLOR, who, being duly sworn, deposes and says: This is an absentee ballot cast in the request of W. Gerald Tucker, for a change in B-3 Zoning to allow light industry at 1517 South Ridge- wood Avenue. I have passed the property presently occupied by the Tucker Manufac- turing Company on U.S. Highway 1 and' Jones Fish Camp Road. It appears to be one of the most preferable forms of light business possible. Nevertheless, it remains a manufactur,ebusiness and it is my belief that trying to accomodate it within the requirements of B-3 there would be a large change necessary. I would personally suggest that this be a matter for the Board of Adjustments. I vote no on this question. Sworn to and subscribed before me this . . "', \.~; t : I f I ~ i . .,,' '\ J.' .} I ", ,,', ,,\ . ,II,. X ,j.. ''', ... ._~) .... .... -(-,..... 1977,) ,,' l (, n ". ,;.~;. ;' /1) ..' ') \ LJ r:J ". ~ ~ ~ ~i .;' '-""1.J ~ . : ...,j.. I. : ... ~., . , . ........ Nota y ~ ic ',.., \". . - , . '.l ....,.:. State of Florida at Large '.,; .,....:... . "<-.- .-- " .. \ " Notery I'~blic, Slelo .of f!O!:ae 01 tel\;1l My commi ssi on expi res: My Commiu;cn Expires' Oel, 11. 1971 Bonded by hmeriten Fire t. C",ucllf Co. tfef"~J 2?l~ I~ day of July, A.D. o (J AFFIDAVIT STATE OF FLORIDA COUNTY OF VOLUSIA Before me this day personally appeared ROBERT TAYLOR, who, being duly sworn, deposes and says: This is an absentee ballot cast in the matter of the request of Doris E. Massey, for the rezoning of her property Lots 37 and 42 of Alvarez Grant. In consideration with another matter, I have personally reviewed the property in question. After a careful study of the intent of the Zoning Laws of the City, I cast a vote in favor of granting the request. ~i-<.-,-r j d~i;t~? Sworn to and subscribed before me this ~ t;& day of July, A.D. 1977. I,...f..... ~' , : .~ ~ \ J;:'., .'> rj'.) ........:,t' .../ '. , I) ... , .;. .' ,.' 'J I 7 r .,.. i " ('.'1/ :~:' '_/~.:.\\. ~;.:.J\:':"~"'''''/j / :--. "Jei:: ..'r -~~':'" .....:.(. .,- - . '.. ..- ~ "'<~;}'I: ::-:..,. ~~ .)t . N6tary PubllC State of Florida at Large My commission expires: Nc:ory Pc}'!i:, 5~~fc of r;~H'~do or torge My Comm:..;c-n Cxpiro 0;1, 17, 1977 6or::!cd :')' A,.. ';':0" F", r ': H,....l," Co.