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CITY OF EDGEWATER
Planning and Zoning Board
Wednesday, June 10,2009
6:30 p.m.
Edgewater Community Center
102 N. Riverside Drive
AGENDA
I. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES Regular meeting of May 13, 2009
4. OLD BUSINESS- PUBLIC HEARING
None at this time.
5. NEW BUSINESS- PUBLIC HEARING
a. V A-090 I-Edward H. Akam, owner, requesting a variance from Article V of the City of Edgewater
Land Development Code to allow an accessory structure on property located at 190 I Juniper Dr.
b. V A-0902-Dominick Caputo, owner, requesting variances from Article IV and V of the City of
Edgewater Land Development Code to allow construction of a single family residence on property
located on Pelican Lane (Tax I.D. No. #8402-44-02-0170).
c. V A-0903-Jeff Gehris, applicant, requesting a variance from Article V of the City of Edgewater Land
Development Code to allow construction of a restaurant at 1207 & 1209 S Ridgewood Ave.
d. RZ-0901-Ken Hooper, applicant, requesting rezoning from RPUD (Residential Planned Unit
Development) to BPUD (Business Planned Unit Development) for 23.16:1: acres of property located
SW of U.S. Highway I and Edgewater Lakes Blvd. -CONTINUED UNTIL 07/08/09
6. OTHER BUSINESS
None at this time.
7. DISCUSSION ITEMS
a. Development Services Director's Report
b. Chairman's Report
c. Agency Members' Report
8. ADJOURNMENT
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure
that a verbatim record of the proceeding is made. The City does not prepare or provide such record.
/n accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Bonnie Wenzel, /04 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2400 ext. //01, 5 days prior to the meeting date. lfyou are hearing impaired or voice impaired,
contact the relay operator at 1-800-955-8771.
Citizen comments are to be limited to five (5) minutes
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # V A-0901
OWNER: Edward Akam
APPLICANT/AGENT: Edward Akam
REQUESTED ACTION: Variance from the City of Edgewater Land Development Code,
Section 21-50.02 (Table V-I) to allow a side corner setback of 6'2" in lieu of the required 30
feet.
PROPOSED USE: Accessory structure (shed).
LOCATION: 1901 Juniper Drive (PID# 8402-01-00-7070)
AREA: .32~ Acre
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT: R-2 (Single-Family Residential)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Desif(nation Zoninf( District
North Single Family Low Density R-2 (Single Family
Residence Residential Residential)
East City Canal Low Density R-2 (Single Family
Residential Residential)
South Single Family Low Density R-2 (Single Family
Residence Residential Residential)
West Single Family Low Density R-2 (Single Family
Residence Residential Residential)
Background
The property is located on the southeast corner of Juniper Drive and 19th street, which are both
improved public roads. The applicant constructed a 12.5' X 20' temporary carport and has
requested to convert said carport into a permanent structure. The location encroaches
approximately 24 feet into the required setback. The property owner was brought before the
G:IPlanning and Zoning Boardllnfo SUI11maries\2009\V A-090 1- Akam - 190 I Juniper Drive.doc
Code Enforcement Board on March 12, 2009 (minutes attached) and his case was continued until
their June meeting with the understanding that a variance would be sought by the owner.
Land Use Compatibility
The single-family residential use is compatible with the surrounding area
Adequate Public Facilities
The site has access to Juniper Drive and to 19th Street. City water and sewer is available.
Natural Environment
There are no other known environmental issues on this property.
Other Matters
There are no other known matters associated with this property.
ST AFF RECOMMENDATION
Staff recommends denial of the variance from the City of Edgewater Land Development Code,
Section 21-50.02 (Table V-I) to allow a side corner setback of6'2" in lieu of the required 30 feet
for the construction of an accessory structure (shed).
MOTION
Motion to deny the variance from the City of Edgewater Land Development Code, Section 21-
50.02 (Table V-I) to allow a side corner setback of 6'2" in lieu of the required 30 feet for the
construction of an accessory structure (shed).
G:\Planning and Zoning Boardllnfo Summariesl2009\ V A-090 1- Akam - 1901 Juniper Drive.doc
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CASE SUMMARY
2009-CE-I027
Date: March 12. 2009
DESCRIPTION:
Edward Akam is the owner of the property located at 1901 Juniper Drive; Edgewater, Florida. It
has been found in violation of Section 21-36.09 (Canopies-Temporary Carports) of the City of
Edgewater's Land Development Code.
BACKGROUND:
On January 20, 2009 Code Compliance issued a notice of violation to Mr. Akam for constructing
a prohibited carport with a compliance date of January 31,2009. On February 2,2009 a citation
was issued for non-compliance As of March 12,2009 the property is not in compliance.
STAFF RECOMMENDATION:
It is the recommendation of the staff that the Board find Edward Adam in violation of Section
21-36.09 of the Land Development Code and assess a citation fine of $75.00, an additional fine
of $50.00 per day each day the temporary carport exists past March 13, 2009 and for a lien be
placed on the property if not satisfied by March 18, 2009.
ACTION REQUESTED:
Motion to assess a fine of$75.00 for the violation of Section 21-36.09 of the Land Development
Code an additional fine of $50.00 per day for each day the violation continues to exist past
March 13, 2009 for a lien to be placed on the property if not satisfied by March 18, 2009.
0586
.City of'Edgewater
Department of Fi~e and Rescue Services
Communi.ty Services Division
. . . . PO Box 100
1605:SoUth:Ridgewood Avenue.
.. Edg~~ater; FL' ~~132
. .. (386Y424:'2414
. codecompnance@citYofedgewater~org
. CITATION
Date.:. Z/z.. ~~.,.. Case #200; -C l. - .;07-"7
Name. .. ..~'U^ rd A lcO-n'"l.
Address or Parcel riumber:/qo t .:Ju.-' ~-1/'>: ,;],,,-_
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Phone: ..
~~tefrime viol':lHon .fitstobserved: S/01? </.2:<:;/01
Natllreorviolatiori: '~j?r:;~2' .~~:~~r-l .
s..t-rlA.l..4-lAf"x)I. ~ -1."_ )('_ ~^
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Notice of violation number: Z. s- Z 9
'?:
tyiolation(s) ofLa,'nd Devel9pment Code/Code of
':~r~i.nances;.: . .'.. ..../ .:~. ~op.~~ ....
'1Sect~on: (1~1,.. 3G:.. Ofbesc~pt~on: I r /VIf1^Cl1 r/? nr{;
SectIon: (2) ~ Descnphon:. .. . . "
Section: (3) Description:
Civil fine (violation;l). $'.. . 7.i-:" OD '
:Civil fine (violation 2)$ .
Civil'fme(y.i6Iation'3) $ ..
. . .
Th~property must be brought into. compliance in the
foilowing maruier: .R (../"YlI")V-< ~n 1 I;t..! r/<ll .
\ \. L. )00 d.. !'. "\ <-.. ^ ~ r-C ( 1"'\/\ _." /
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Signature of owner/tenan~- C:: ~~ -
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Method of notice: .
.. Code Compliance ~fficer:/:;- ~;;~
Date: 1-. ~ 1 /01 .Time:
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White - Code Board J Yellow - Finance
Pink - Code File Gold - Owner/Tenant
This citation is issued pursuant to Ordinance No. 2003-
.0-16. This citation is for a non-criminal infraction. The
civil fine set forth on the face of this citation must be
paid prior to the Citizen's Code Enforcement Board
hearing referenced below. It is your responsibility to
contact the Code Officer issuing this citation at (386)
424-2414 once the violation has been corrected. An
inspection will be scheduled to verify compliance. The
violation will be deemed to be in existence until the
code officer determines that the violation has been
corrected.
The fine may be paid in person at Edgewater City Hall,
104 North Riverside Drive or by mail to:
City of Edgewater
PO Box 100
Edgewater, FI 32132
Payment ofthe fine will be deemed as an admission of
the commission of the violation. Failure to pay the
fine prior to the Citizen's Code Enforcement Board
. hearing referenced below will result in the matter
being heard before the Board.
This citation may be contested by contacting the issuing
Code Officer who will schedule the hearing before the
Citizen's Code Enforcement Board. Failure to appear
at the hearing will indicate that you have waived
your right to contest the violation and an order may
be entered against you for the maximum applicable
civil fine.
The date of meeting 0 the Citizen's Code Enforcement
Board is:' .3 z. . ,..,
This meeting is held at the Edgewater Community
Center, 104 North Riverside Drive.
The meeting begins at Z ;0.00 I~ ^
21-36.08 - Boats as Dwelling Units
No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy
and equipped with sanitary facilities that are either:
a. Connected to a public sewer system, or
b. Have a self-contained waste treatment system.
21-36.09 - Canopiesfremporary Carports and Tents/Gazebos
a. Owners of canopies/temporary carports and tents/gazebos shall be required to secure the
above objects so as to prevent them from becoming airborne or from leaving the property
where installed, as well as keep them in a good state of repair.
b. The below specifications are intended to be minimum only and are no indication or guarantee
of fitness for securing the temporary items covered under this Section. Quantities and sizing
will vary by the size of the item being secured.
I. All tie downs must be secured to solid, immoveable objects such as: mobile home
anchors, concrete driveways, buildings, etc., or as per manufacturer's installation
instructions or engineer's specifications.
2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a
minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized
as per manufacturer's installation instructions or engineer's specifications.
3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down,
because attaching weight or other moveable objects to canopies/temporary carports and
tents/gazebos can cause those weights to be catapulted by wind lift.
c. Canopies/temporary carports shall be located in the driveway, immediately parallel to the
driveway, in the side yard or back yard, but at no time shall they extend over the property
line or into the public right-of-way. There shall be a limit of one such canopy/temporary
structure in the front setback/front yard area and shall be as far from the front property
line/street as the yard size or driveway permits. This location must not cause a safety
problem. No enclosing or side tarps will be allowed in the front setback/front yard area.
d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions.
e. Use of such c.anopies within the front setback/front yard, shall be limited to cover
automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle
trailers, campers and other motorized vehicles.
Rev 02-08 (LandDevelopmentCode)
I1I-27
CASES IN COMPLIANCE:
None.
NEW BUSINESS:
Case #2009-CE-1027. 1901 Juniper Dr.. Edgewater Florida; Edward Akam.
Violation of Section 21-36.09 - Canopies - temporary carports.
Code Supervisor Angela DeSue presented the case summary to the Board. Code
Supervisor Angela DeSue presented staff's recommendation to find Edward Akam
in violation of Section 21-36.09 of the Land Development Code assessing a
citation fine of $75.00 and an additional fine of $50.00 per day for each day the
violation exists past March 13, 2009; also for a lien to be placed on the property
if not satisfied by March 18, 2009. This case was worked and managed by Code
Officer Mike McGrath. Code Officer Mike McGrath distributed photograph labeled
Exhibit A taken on March 12, 2009. Building Official Dennis Fisher was present
and explained to the Board the violation which Mr. Akam was cited. Building
Official Dennis Fisher stated he advised Mr. Akam to apply for a variance. The
structure was constructed without a permit. No permits has been issued. Mr.
Akam was present and testified that after financial hardship he erected the
canopy to protect his equipment. Mr. Akam has the paperwork for the variance.
Mr. Akam stated he was not trying to avoid the situation but was waiting to
apply for a variance. Mr. Akam submitted a recent survey of his property which
is labeled Exhibit B for the Board to review. The Board asked Mr. Fisher how
long would it take to get the variance approved? Mr. Fisher replied
approximately 30 days, 60 days maximum before Mr. Akam receives a hearing.
MOTION bv Ed Corn. SECOND by Ben Waaner that the Board continues
Edward Akam case until the next reaularlv scheduled June meeting.
MOTION CARRIED UNAMIOUSL Y.
Code Enforcement Board Minutes
March 12, 2009
Page 2 of3
BOUNDARY SURVEY
LEGAL DESCRIPnON: LOTS 707. 708 AND 709, BLOCK 2J, FLORIDA SHORES UNIT NO. 2 REVISED PLA r. ACCORDING TO THE PLA T
THEREOF AS RECORDED IN MAP BOOK 2J, PAGE(S) 1 OJ, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY. FLORIDA.
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CITY OF EDGEW A TER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # V A-0902
OWNER: Dominick Caputo
APPLICANT/AGENT: Dominick Caputo
REQUESTED ACTION: Variance from the City of Edgewater Land Development Code,
Sections 21.41.04(a) and 21-50.02 (Table V-I) footnote (1) and footnote (4) to allow a rear
setback of eighteen feet (18') in lieu of the required fifty feet (50') from the Mean High Water
Line and eleven feet (11') in lieu of the required twenty-five feet (25') from the wetlands
vegetation line.
PROPOSED USE: Construction of a single family residence.
LOCATION: A portion of Lots 17 and 18 in the Pelican Cove Subdivision, East of
Pelican Lane (PID# 8402-44-02-0170)
AREA: .15:!: Acre
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: R-4 (Multi-Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Desif!llation Zoninf! District
North Single Family Medium Density R-4 (Multi Family
Residence Residential Residential)
East Indian River Indian River Indian River
South Single Family Medium Density R-4 (Multi Family
Residence Residential Residential)
West Single Family Medium Density R-4 (Multi Family
Residence Residential Residential)
G:\Planning and Zoning Board\Info Summaries\2009\V A-0902- Caputo - Pelican Lane.doc
Background
The property is located on Pelican Lane in the Pelican Cove East Subdivision. The subdivision
was developed with a mix of multifamily, duplex and single family uses.
On June 8, 2005, the Planning and Zoning Board granted a variance to allow a rear setback of
eighteen feet (18') in lieu of the required fifty feet (50') from the Mean High Water Line and
eleven feet (11') in lieu of the required twenty-five feet (25') from the wetlands vegetation line,
with the condition that engineered stormwater plans be approved by the City Engineer to ensure
no direct run-off into the Indian River. That variance expired on June 23, 2007.
Land Use Compatibility
The request is for uniformity with the setbacks of the existing residences to the north and south
(see Exhibit "A") and is compatible with adjacent land uses. The request is reasonable and
consistent with other homes along the same side of the street.
Adequate Public Facilities
The site has access to Pelican Lane. City water and sewer is available.
Natural Environment
There are no other known environmental issues on this property.
Other Matters
There are no other known matters associated with this property.
STAFF RECOMMENDATION
Staff recommends approval of the variance from the City of Edgewater Land Development
Code, Sections 21.41.04(a) and 21-50.02 (Table V-I) footnote (1) and footnote (4) to allow a
rear setback of eighteen feet (18') in lieu of the required fifty feet (50') from the Mean High
Water Line and eleven feet (11 ') in lieu of the required twenty-five feet (25') from the wetlands
vegetation line with the condition that engineered stormwater plans be approved by the City
Engineer to ensure that there is no direct storm water run-off into the Indian River.
MOTION
Motion to approve the variance from the City of Edgewater Land Development Code, Sections
21.41.04(a) and 21-50.02 (Table V-I) footnote (1) and footnote (4) to allow a rear setback of
eighteen feet (18') in lieu of the required fifty feet (50') from the Mean High Water Line and
eleven feet (11') in lieu of the required twenty-five feet (25') from the wetlands vegetation line
with the condition that engineered stormwater plans be approved by'the City Engineer to ensure
that there is no direct stormwater run-off into the Indian River.
G:\Planning and Zoning Board\lnfo Summaries\2009\V A-0902- Caputo - Pelican Lane.doc
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Response Sheet for Variance Criteria
Please indicate how the variance request(s) meet the criteria listed below:
1. That granting of the proposed variance is not in conflict with the Comprehensive Plan;
2. That granting of the proposed variance will not result in creating or continuing a use which is
not compatible with adjacent uses in the area;
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4. That the physical characteristics of the subject site are unique and not present on adjacent
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Instrument. 2005-215946 # 1
Book: 5621
Page: 4130
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CITYOFEDGEWATER
DEVELOPMENT ORDER NO. 0509
/, the undersigned Chief Planner of the City of Edgewater Florida, do hereby grant a Development
Order to Deborab and Dennis Carvalbo Project Number VA-0405 - Pelican Cove East - - (PID
#8402-44-02-0170) in recognition of compliance with applicable regulations, standards, and
procedure as outlined in the Land Development Code of the City of Edgewater.
Comments/Conditions: At their regular meeting held on June 8. 2005. the Planning and Zoning Board
approved the variance request from the City of Edgewater Land Development Code. Section 21.42.05(e)
and Section 21-50.02 (Table V-I) footnote (l) to allow a rear setback of eighteen feet (18') in lieu of the
required fifty feet (50') from the Mean High Water Line and eleven feet (II') in lieu of the required
twenty-five feet (25') from the Wetlands Vegetation Line with the condition that engineered stonnwater
plans be approved by the City Engineer to ensure that there is no direct stormwater run-off into the Indian
River.
Dated thi 3rd day of June, 2005
,
The signature of the applicant affixed to this document is considered evidence of the applicant's
acknowledgment and understanding of all conditions to be met as stipulated by the City of
Edgewater.
The signature is also considered evidence that the applicant understands that if any regulation,
standard, procedure or condition is not complied with, to the full satisfaction of the City of
Edgewater, the certificate of occupancy and/or final approval of the project shall be withheld by the
City until compliance is verified.
This order shall expire on June 23. 2007. (two (2) years after issuance of Development Order)
unless a building permit or certificate of occupancy has been issued.
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Owner/Applicant Signature
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CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # V A-0903
OWNER: Edgewater DB&N, LLC
APPLICANT/AGENT: Jeff Gehris
REQUESTED ACTION: Variance from the City of Edgewater Land Development Code,
Section 21-50.02 (Table V-I) footnote (3) to allow a side corner setback of twenty-five feet (25')
in lieu of the required fifty feet (50') when adjacent to residential zoning/use
PROPOSED USE: Construction of an 85-seat quality restaurant.
LOCATION: 1207 & 1209 S. Ridgewood (northeast corner of the U.S. Highway 1 and
Magnolia A venue intersection)
AREA: 1.77::1: Acre
CURRENT LAND USE: Commercial
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3 (Highway Commercial)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Desif!nation Zoninf! District
North Single Family Commercial B-3 (Highway Commercial)
Residence
East Single Family Low Density R-3 (Single Family
Residence Residential Residential)
South Commercial and Commercial B-3 (Highway Commercial)
Single Family
Residence
West Single Family Commercial B-3 (Highway Commercial)
Residence
G:\Planning and Zoning Board\lnfo Summaries\2009\V A-0903- Gehris - 1209 S Ridgewood.doc
Background
The property is located on the northeast corner of u.s. Highway 1 and Magnolia Drive. The
subject parcel also contains Daytona Nut and Bolt. The applicant is proposing to construct an
85-seat restaurant on the southern portion of the property. The applicant is proposing fencing
and a landscape buffer on the southern property boundary line (facing the residential uses).
Land Use Compatibility
The commercial use is consistent with the existing commercial uses with frontage along U.S.
Highway 1.
Adequate Public Facilities
The site has access to U.S. Highway 1 and Magnolia Drive. City water and sewer is available.
Natural Environment
There are no other known environmental issues on this property.
Other Matters
Prior to development, the Technical Review Committee (TRC) must approve the proposed
site plan.
Per the City of Edgewater Land Development Code Section 21-10.04, in order to grant a
non-administrative variance, the P&ZB shall make the following findings of fact:
1. That granting of the proposed variance is not in conflict with the Comprehensive
Plan;
2. That granting of the proposed variance will not result in creating or continuing a
use, which is not compatible with adjacent uses in the area;
3. That granting of the proposed variance is the minimum action available to permit
reasonable use of the property;
4. That the physical characteristics of the subject site are unique and not present on
adjacent sites; and
5. That the circumstances creating the need for the variance are not the result of
actions by the applicant, or actions proposed by the applicant.
STAFF RECOMMENDATION
Staff recommends approval of the variance from the City of Edgewater Land Development
Code, Section 21-50.02 (Table V-I) footnote (3) to allow a side corner setback of twenty-five
feet (25') in lieu of the required fifty feet (50') when adjacent to residential zoning/use.
MOTION
Motion to approve the variance from the City of Edgewater Land Development Code, Section
21-50.02 (Table V-I) footnote (3) to allow a side corner setback of twenty-five feet (25') in lieu
of the required fifty feet (50') when adjacent to residential zoning/use.
G:\Planning and Zoning Board\Info Summaries\2009\ V A-0903- Gehris - 1209 S Ridgewood.doc
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Jeffrey Co Gehris
208 Canova Drive
New Smyrna Beach, FL 32169
(386) 314-3755
April 24" 2009
City of Edgewater
Planning Commission
104 N. Riverside Drive
Edgewater, FL 32132
The variance I am applying for with this application will be beneficial to my
project and to the adjacent property owners as well. The usual 25 foot setback is
increased to 50 feet by the presence of two homes on the south side of Magnolia.
Zoning setbacks require any commercial site have a side setback of 50 feet when
they are adjacent to residential property. Therefore I am am seeking to reduce the
required 50ft side setback to 25ft.
The rational for this requirement is certainly correct. and appropriate. The
variance I seek however will allow my project to uphold the intent of this zoning
requirement and will ultimately result in a project that has a vastly superior
aesthetic appearance. For my project and the homeowners as well.
Placement of the building per zoning requirement will result in the building
sitting alone out in the middle of a large lot. There will be no net visual or sound
benefit for the homeowners in placing the building an additional 25 feet into the
lot. The building would no longer appear to somewhat "nestle" along the existing
trees.. And the garden I would be creating would also be in the middle of the lot,
loose the benefit of shading from the trees and the parking requirements would
result in h'affic moving on all sides of the building and garden.
Additionally the resulting traffic pattern will result in the headlights of parking
cars to be directly shining on the homes that the setback seeks to protect. And I
believe there would probably be additional sound as well.
Lastly I would argue that the backside of a restaurant is at best the least
ath"active side and placing the building out in the middle of the lot will expose the
backside to all who pass by and the adjacent homeowners as well
Should the variance be granted ,or as a condition of granting, I will build a
wooden 6 ft fence with landscaping shrubs at least 3 ft tall and no more then six feet
apart. This will run approximately 120 ft along the north side of magnolia and on
the project property. This fence and landscaping will be placed in an aesthetically
pleasing manner to maximize the shielding effect of fence and landscaping.
Thank You
Response Sheet for Variance Criteria
Please indicate how the valiance request(s) meet the cliteria listed below:
1. That granting of the proposed valiance is not in conflict with the Comprehensive Plan;
2. That granting of the proposed variance will not result in creating or continuing a use which is
not compatible with adjacent uses in the area;
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3. That granting of the proposed variance is the minimum action available to penn it reasonable
use of the property;
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4. That the physical charactelistics of the subject site are unique and not present on adjacent
sites; and
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5. That the circumstances creating the need for the variance are not the result of actions by the
applicant or actions proposed by the applicant.
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non-administrative variance
REV 4-25-07
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