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02-17-1976 Joint w/Council ,,' ~ ~ ZONING BOARD FEBRUARY 17,1976 JOINT MEETING WITH CITY COUNCIL Chairman Wolfe called the special meeting of the Zoning Board to order, February 17,1976 at 7:30 P.M. ROLL CALL James Mackie Robert Taylor David Wiggins Bonnie Turner Robert Wolfe Excused Present Present Present Present Mayor Armstrong Councilwoman Webber Councilman Cairnie Councilman Sikes Councilman Dietz Present Present Present Present Absent Attending the meeting were: and Mrs. Straub Mrs. Murphy, Mr. Leoff1er, Mr. Ream, Mr. Turner Mr. Wolfe began with the agenda for the meeting and went down each item dis- cussing them individually with the Council. 1. Sign Ordinance and Subdivision Ordinance. Mayor Armstrong explained that it is his understanding that the new Sign Ordinance was tabled and therefore the old Ordinance still remains in effect. Mr. Wolfe stated that the Zoning Board made corrections on this and it was sent back again for the Council to act upon. There was discussion about several signs in the City which are illegal. Councilman Cairnie suggested that this Ordinance should be presented to our Chamber of Commerce for their opinions. He added that a couple of representa- tives from the Commerce and the Council and the Zoning Board could all get to- gether and go over this Ordinance page by page. Mr. Wolfe explained that the Subdivision Ordinance also was reviewed by the Zoning Board and went back to the Council. Mayor Armstrong spoke of the State laws and the County laws which have to be taken into consideration whem we discuss the Subdivision Ordinance. Mr. Wolfe explained that this Ordinance is to update the City so that it will be prepared for the future. It was agreed that this should be handled the same way as the Sign Ordinance. Mr. Wolfe stated that we should get together with the Planning Board members in regard to this because it has to do with their City planning. Mayor Armstrong suggested that a memorandum be directed to the Mayor and City Council to request that these things be brought off the table and that they appoint a chairman and assign a committee to take care of them. o o 2. Vegetable Stands - Mr. Wolfe said that as far as they know there are no City permits for these type of stands, or for fruits and vegetables being sold from the backs of trucks, etc. Mayor Armstrong stated that there is not a category of an open vegetable stand, this has been picked up by the County Agriculture ruling. Councilman Sikes said that this has been brought to the Council in the past and they were informed by the attorney that nothing could cover it because they are covered by a County license. Mayor Armstrong said that the Supreme Court ruled that you can not charge these persons a license or permit fee. Mr. Wiggins questioned if these people can be contro1ed as to how far to sit off the highway as far as a traffic hazard. Mr. Wolfe stated that they must have off street parking, as it is stated in the Zoning Ordinance. Councilwoman Webber stated that when she was on the board she researched this and that she found out that the only way to overcome this is by using your Zoning regulations. They must conform with the setback and everything else that is written in our Ordinance. 3. Self-Service Class (gasoline stations) - Mr. Wolfe explained that this should be added as Class "0" in the Zoning Ordinance. Mayor Armstrong stated that this has already been turned over to the attorney. 4. All persons who received Ordinance No. 880 should also be sent the changes that have been adopted. Mr. Wolfe explained that flyers should be mailed out or something because the people who bought these Ordinances have the right to the amendments other wise their Ordinances are no good. Mayor Armstrong stated that one time in the paper with proof of publication would be public notice enough that people owning a copy of Ordinance 880 it would be their responsibility to see that it is kept up to date. 5. Zoning Board members should be on a staggered system. Mr. Wolfe explained that their reason for this is the fact that there should be at least three members on the board with some experience. Mayor Armstrong stated his opinion on this that the terms of office for the board members sho~ coincide with the City official who appoints them. Then every Council member would be able to appoint a member to the board. Councilman Sikes suggested that the Council should be in session a few months before they appoint new members to the board so that they know what is going on first. 6. All single family residential lots that are plotted and recorded shall build according to the Ordinance before the passing of Ordinance 880 shall follow setbacks front, rear and side. Everyone is following Ordinance 880 which is almost impossible to build on established lots for various setbacks. Mr. Wolfe explained that the Council passed a spot zoning in Silver Ridge which he was against because it should have been 51% to cover the whole City. Mr. Armstrong stated that if it is spelled out specifically for Silver Ridge it is not worth the paper it was written on. -2- o o Mrs. Murphy spoke to the board and Council members about this, stating that it was done to accomodate one builder. She stated that she did not want this done, she wanted it to be 51% for the whole City, because then they would not have been able to build on the small lots in the Northwest section of town. Mr. Wolfe stated that the Supreme Court says that anyone can build on any lot or the City will buy the lot. Mrs. Murphy stated that she did not know until recently that the lots were sold to a builder, the builder was upset, he called the real estate office, the real estate office called the Zoning Board and they cRanged it to accomo- date them. Mayor Armstrong read from Ordinance No. 940, and then it was explained that Ordinance No. 942 changed this. Mrs. Murphy explained that she tried to get this clarified by the attorney, she wanted to know that it meant any neighborhood, she then went to the Northwest section and counted all the lots and she found out and said that there was less than 51% of that neighborhood was built on. There was much discussion about this and it was mutually agreed that Ordinance No. 942 is no good, and Ordinance 940 is the one we should be going by. Mr. Wolfe stated that a recommendation will come from this board in regard to this. 7. The feeling of the Zoning Board is that before all building permits are issued the plans shall be reviewed by the Zoning Board and approved. Permits will then be issued by the City or the County inspector until we have our own Building inspector. Mayor Armstrong stated that it would be hard to comply with this. It was discussed that the Building Inspector should also be the Zoning Officer. Mayor Armstrong explained that we are getting the information from the State. If their name is not on the list they can not get a building permit, because the law says that the governing body of the City is inviolation if we issue a building permit to an unqualified person. 8. Building Construction: Builders, contractors or individuals who have massive remodeling or building that has not taken out a building building permit shall be compelled to pay a fine of $150.00 plus a building permit. It was explained that you need a permit if your remodeling or whatever is going to cost over $100.00. Councilman Sikes stated that he feels that $100.00 is a little low, because of the prices today almost anything is going to cost that much. There was discussion about various violations to this. 9. All parts of Ordinance 880 shall be changed to read PER SQUARE FOOT LIVING AREA and not per DWELLING UNIT which does not include garage, laundry room, workshop, portch, etc. Mr. Wolfe stated that no one seems to read the definitions in the Ordinance, and per dwelling unit is defined, however this is not being read. 10. We should have a moratorium on all signs until a new Sign Ordinance is passed. Mr. Wolfe stated that he doesn1t feel that this is feasible at this time. We have added another new fl~ing sign on U.S. Highway I which is a hazard to moving traffic. Check Realty and Sub Sandwich Shop - (All are portable on wheels) -3- ; . . Q o The various violations of the flashing signs on the highway and the portable signs were discussed. The members asked the Mayor if he would check and see if permits have been taken out for these particular signs and get the chief on this right away. 11. Building Official - Zoning Officer. Mr. Wolfe explained that this would be a good idea and solve a lot of problems. He could come to the board and explain that certain areas are a problem because of certain things, and the board could work with him. They would be helping each other. Councilwoman Webber spoke to the board in regard to the donation of her street, and that it was a 30 foot street. She added that the maps are wrong because they show this as a 50 foot street. Mayor Armstrong spoke to the members about Community Drive and Pearl Street being problems. Mayor Armstrong also spoke that some day there will be a Civil Law Suit over the relocated street which was placed on Florence Lindquist's property in G. A1veraz Grant Subdivision. The City of Edgewater certified the Federal Government that the sewer lines were laid on property where easements obtained and the forced main goes right down the middle of this street. The City got into this by Briley, Wild surveying it and changing the location of the forced main. Mrs. Murphy brought up the 51% of the building lots again. Mr. Wolfe stated that what the board is after is to see that people in these cases be allowed to refer back to the old zoning. Mr. Leoff1er brought up the width of the overhangs allowed on a building. Mr. Wolfe stated that we might have to look into this and put it in the Ordinance. Mr. Wolfe also stated that this rule of 12 inches above the crown of the road for buildings should be looked into also. Mr. Taylor made a motion to adjourn, being seconded by Mr. Wiggins. Said motion CARRIED. -4-