03-11-1982
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CITY OF EDGEWATER
Board of Adjustment Public Hearing
and Regular Meeting Minutes
March 11, 1982
Chairman Millard called the Public Hearing to order at 7:06 PM in the
conference area of the Community Center.
Mr. Millard explained the purpose of the Board, which is to listen to the
applicant and weigh the rights of the applicant with the rights of the
communi ty.
ROLL CALL
Members present: Messrs. Millard, Butt, Newell, Wetzel, Roush, Mrs. Martin,
Mrs. Walker. Also present: Mrs. Winks.
Members of the Audience: Messrs. Wetzel, Wallace, Opal, Cutrona, Troutner,
Holahan, Murphy, Witzig, Biggerstaff, Zigmund, Azzarello, Barret, Richard
Troutner, Mrs. Thomas, Rose Scolaro, Amelia Otwell, Ann Benson, Marge Fulton,
Darlene Vann, Marguerite Zigmund, Ryta Weber.
Joseph Troutner requesting a variance for a 4' rear set back and a l'
side setback to match existing structure to enclose open storage area in the
rear of Edgewater Hardware (Indian River Blvd/Hibiscus Dr) and increase
the percentage of land use to 46%.
Mr. Troutner was sworn in by Chairman Millard. The secretary noted that the
variance was advertised, abutting property owners were notified by Certified
Return Receipt mail, and the property was posted. Mr. Earl Wallace was
present to explain the proposed addition to the building. Mr. Wallace
noted that this area had been vandalized and caught on fire in the past,
and by enclosing it, the problem would be alleviated. The distance of eight
feet between the buildings was discussed. It was noted that at the Depart-
ment Head Review there was no problem with this distance.
By a unanimous decision,the Board agreed to grant the following three
variances: a) l' west side setback, b) 4' south side setback, c) increase
of land use to 46%.
ponderosa Homes, Inc. requesting a variance on lot width from 160' to 125'
(Corner of Indian River Blvd and Evergreen). Mr. Perry Barret, President
of ponderosa Homes, Inc. was phe ~epresentative present for this case.
The secretary noted that the variance was advertised, abutting property
owners were notified by Certified Return Receipt mail, and the property was
posted. Mr. Murphy explained that a building permit had been given to
Mr. Barret, and then he was notified that 4 building lots were necessary
to build on Indian River Blvd. Mrs. Marge Fulton, an abutting property
owner, expressed her concern that his back yard would be abutting her side
yard. Mr. Frank Opal and Mr. Witzig stated their objections to this house
being built, because about l~ years ago Mr. Burman tried to build and was
made to tear it down. Mr. Murphy noted that Mr. Burman never purchased a
Building Permit and that was the reason for him not being able to build.
Mr. Barret stated that he was not aware that 4 lots were needed to build
on Indian River Blvd. and that there is a home directly across the street
built on less than 4 lots. Further facts determined that these were existing
lots of record, and as such are "grandfathered" in and are buildable lots as
previously determined by the Building Inspector.
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By a unanimous decision, the Board agreed to grant the variance for lot
width from the required lot width of 160' to -1251 with the following
conditions: a) An evergreen buffer will be planted along the back yard.
b) The wagons and real estate sign be removed as this will now be a resi-
dential lot.
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Azza Motors requesting a special exception to allow a used car lot at the
east corner of 301 N. Ridgewood/Evergreen. The secretary noted that the
special exception was advertised, the abutting property owners were notified
by Certified Return Receipt Mail, and that the property was not posted.
This was on the Planning Commission agenda for February 17 and March 3,
and at both meetings a representative was not present; therefore we do not
have a recommendation from the Planning Commission. Mr. Mike Azzarello
was present to discuss his case. He noted that he is in the process of
acquiring a lease for this property, and he has had another used car lot in
Daytona since 1976. Three letters from property owners (attached) on
Evergreen opposing the used car lot were read for the record. Mr. Azzarello
stated that he believed i'l llc:::pn l"';:,r lrd- ,.T",,1r:l h,... ~,...~,... ..:l~~~__1.-.'_ .L.L.__ _____
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of the other businesses that it is already zoned for. Mr. Murphy stated
that it would be impossible for the existing structure to meet the require-
ments of the Commercial building code and would have to be redone. He
also noted that the house is too close to meet the 40 foot front require-
ment. Mrs. Ryta Weber, a member of the audience, stated her opposition
to the used car lot. Mr. Azzarello withdrew his request for a special
exception.
Chairman Millard called the regular meeting to order. The Board varied
from the agenda to hear Mr. Holahan who was present to receive an inter-
pretation of the Zoning Ordinance pertaining to minimum floor areas.
Mr. Holahan read Section 200.00 of the Zoning Ordinances. His interpreta-
tion is that it does not exclude an enclosed garage in figuring the floor
area. Chairman Millard noted that he had not received the City Attorney's
comment on this subject. There was further discussion on this and it was
the concensus of the Board to table this issue until the next meeting.
Ordinance 81-0-33, Map Revision (Rezoning of Village Green)
There was an error in the legal description and t~e map was drawn up
incorrectly. The Board was in unanimous agreement that there was an
error and it should be changed accordingly.
There was some discussion on the proposed zoning ordinance change pertaining
to the procedure for special exceptions. The Board felt that they do need
input from the Planning Commission, particularly the Department Head Review
sheet.
The meeting was adjourned at 9:48 PM.
Minutes submitted by:
Debbie Winks
Board of Adjustment Minutes
March 11, 1982
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