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02-12-2003 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. 1. CALL TO ORDER Chairman Vopelak called to order the Regular Meeting of the Planning and Zoning Board at 6:30 p.m., February 12, 2003 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Chairman Edwin Vopelak, Robert Garthwaite, Donald Masso, Anton Heeb, Russell Mullen, Charlene Zeese and Kristine Pluscec. Also present were Chief Planner Darren Lear, City Manager Ken Hooper, and Planning Technician Bonnie Wenzel. 3. APPROVAL OF MINUTES Mr. Garthwaite made a motion to approve the minutes of the December 11, 2002 as read, second by Mr. Mullen. MOTION PASSED 7 -0. 4. OLD BUSINESS None at this time. 5. NEW BUSINESS PUBLIC HEARING A. CU -0204 — Jerry Winchell, authorized agent for Doris Winchell, owner, requesting a Conditional Use permit to allow the construction of a duplex at 1715 Edgewater Drive for property zoned B -3 (Highway Commercial). Mr. Lear gave background information on this request. Mr. Garthwaite asked Mr. Winchell is he was going to live where he builds. Mr. Jerry Winchell stated he would not. Mr. Charlie Carlson, 1714 Edgewater Drive, stated that some renters are undesirable and he has called the police due to some residents in the area. He further stated that Mr. Winchell does take care of his properties. Mr. Lear stated that the Code requires a buffer in the rear of this parcel due to the commercial use to the east. He recommended that any motion include a variance from the buffer yard requirement. Mr. Garthwaite stated he felt duplexes were not a good idea, but single family was ok. There being no further discussion Mr. Heeb mad a motion to approval the Conditional Use Permit to allow the construction of a duplex in the B -3 (Highway Commercial) zoning 2 -12 minutes 1 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. district provided setbacks and minimum floor area meet the requirements set forth in the R -3 (Single Family Residential) zoning district (Front — 30 -feet; Rear — 20 -Feet; Side — 10 -Feet; maximum floor area square feet — 1,000 /unit; maximum height — 26 -feet) and that the buffer as exists be maintained. Mr. Masso seconded. Motion Carried 5-2 with Mr. Mullen and Mr. Garthwaite voting NO. B. AB -0206 — Kellie Schwarz, owner, requesting the abandonment /vacation of a utility easement in the rear yard of property located at 2134 S. Riverside Drive to allow the construction of a swimming pool. Mr. Lear informed the Board of the request and staff's recommendation. He stated that Mrs. Schwarz has contacted each of the utility companies and has provided staff with letters stating they do not oppose the abandonment /vacation of this easement. Mrs. Kelli Schwarz stated to the Board only that they would like to add a pool. Mr. Garthwaite stated he had no objection to this request, only a question regarding the comment from Environmental Services. Mr. Lear stated they approve the abandonment /vacation of the easement to the west only, not the portion abutting Riverside Drive. Mr. Garthwaite made a motion to send a favorable recommendation to City Council for the abandonment /vacation of the 10 -foot utility easement in the rear of the parcel. Mrs. Zeese seconded. Motion Carried 7 -0. C. VA -0219 — James Morris, authorized agent for Robert Kayat, owner, requesting a variance to allow the construction of a 2 -story house at 201 N. Riverside Drive. Mr. Lear stated that in researching this request it seemed to be the intent of previous variance was for a single -story house so the property owners on the opposite side of the road would maintain a view of the river. He further stated that if the request was granted, a variance to the side yard setback would also be required. Chairman Vopelak stated that there would be no arguments, pro or con, regarding the height limit for Riverside Drive as a public hearing was held by the Board in December and a recommendation sent to City Council. James Morris, from the law firm of Storch & Morris, authorized agent for owner stated that his client was asking for a modification to the previous variance granted. He stated that the Kayat's have solicited support and have a petition of support for this request. The owners on the west side are supportive. Mr. Ebert who objected to the prior variance will not be 2 -12 minutes 2 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. affected. Mr. Morris gave Chairman Vopelak the petitions. He stated that staff finds the standards for a variance are met with the exception of one. He added that the intent was to use the previous footprint and that the site is unique, the property is unique and they just want to be able to use it per Code. He stated the maximum height allowed is 27 -feet, the building permit is for 27 -feet, they are only adding a second floor inside. Mr. Morris then provided a survey of riverfront buildings, and stated the survey is as accurate as possible. He also showed photos of the site. He said the variance should be granted as it would not harm the previous decision, the exterior would be no different is there were two (2) floors or one (1). He believed the majority present were in support of the variance. Mr. Lear corrected Mr. Morris in that the maximum height for R -1 is 26 -feet. Mr. Masso said the recommendation for the Land Development Code is 16 -feet, they are asking for 26- feet. Mr. Morris stated the Code is 26 -feet and the recommendation to Council for the Land Development Code is 16 -feet. Mr. Heeb asked what the setback on the south side was. Mr. Morris stated the Code required 15 -feet for 2- story, but would like 10 -feet and they are asking to leave it at 10 -feet. Mr. Lear stated that this stems from the previous variance request. He said the condition was to keep the structure at single story and feels that was too vague, they can add a bonus room under seven (7) -feet, and they can go up to 26 -feet with single story. Mrs. Pluscec stated she is a property owner to the southwest. Mr. Vopelak stated that he and Mr. Heeb also lived on Riverside Drive. Mr. Mullen asked if they were looking at the Code allowing 26 -feet in height. Mr. Lear stated the Code does allow 26 -feet. Mr. Garthwaite asked if they would need nine (9) feet of fill. Mr. Lear stated about four and one -half feet (4 1 /2 `) of fill. Mr. Garthwaite stated then a 26 -foot tall house on top of that. He said they allowed the previous owner to build with conditions, they accepted the conditions, now the new owners want to put a two (2) -story house, the variance goes with the property. Mr. Lear stated the previous variance was for one - story, not for height. Mr. Morris stated the house will be 26 -feet with or without two (2) floors. The conditions placed previously were done to assign property rights to someone who does not own the property. The envelope of the home will be the same. Regarding fill, they are unsure at this time as to whether they will use a stem wall or fill, they will have to elevate the home to meet flood requirements. Mr. Lear stated the permit application in the building department shows a stem wall, they may need to revise the application. Mr. Morris stated the whole lot will not be filled. 2 -12 minutes 3 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. Chairman Vopelak read letters of disapproval from the Krammer's and Doris Tomljenovich into the record. Mr. Garthwaite asked if they wanted to change the requirements of the variance would they need a new variance. Mr. Lear stated this was a new variance. Ferd Heeb, 115 N. Riverside Drive, stated he has a two (2) story house with a balcony on the second floor and he could see the North Causeway in New Smyrna, the Kramer's built to the north and have blocked some of that view, the Armitage's new home will take away more of the view. He stated he does not own the view, and he supports the Kayats. The Board should be generous to an individual who wants to build a home. The price of riverside property has escalated immensely and the house the Kayats will build will be a benefit, the people to the west cannot see anyway. Pat Card, 3019 Willow Oak Drive stated this was a concern to all of Edgewater, and the Board should grant the opportunity to build. Bob Lott 2112 Riverside Drive, lives on the west side and supports the Kayats since they are only asking to add a floor inside. Doris Hill, 112 Lincoln Road stated the only question is the zoning, she believes in following the zoning and to base the decision on the zoning as it is today. Terry Cobean, 1022 Club House New Smyrna Beach stated she is in support of the Kayats. He mother lives at 513 N. Riverside Drive and she has purchased the property to the north and wants to build a two (2) story house there. The recommendation to City Council will stop her from building the house, and the recommendation is the direct opposite of what DEP wants, they prefer two (2) story houses. Mr. Garthwaite suggested limiting the discussion. Chairman Vopelak asked if anyone was in opposition. Alexandrea Martin, 300 Riverside Drive on the west side. She stated that Riverside Drive is no longer pretty. Mr. Morris objected to limiting the comments and stated that all who wish to speak should be heard, that this is a public hearing. Mr. Garthwaite stated the this lot is difficult, they can build a 2,500 square foot house, and the Board granted a variance to allow reasonable use. 2 -12 minutes 4 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. Bob Schmitz, 216 N. Riverside Drive, stated that this will affect their view and that there was an error in judgment to grant a variance for this home. Everyone loses the view, not just the residents on Riverside Drive. A variance was granted that stated one (1) floor, is this not precedence setting? Mr. Mullen asked if the home is 26 -feet high does it make a difference if there is one floor or two inside. Mr. Schmidz stated it did not, how tall do you want buildings, the environment is another issue. Roger Hammond, 2104 S. Riverside Drive on the west side stated that when Mr. Kayat purchased the property he could build a two -story house, he should be able to build two - story. Mr. Garthwaite stated a variance was granted for the property, Mr. Kayat can build a 26 -foot tall home. Wallace Ebert, 224 N. Riverside Drive — you said a variance was granted for one -story home, he wrote a letter of objection for the Armitage's home. He has never heard of the nine (9) foot requirement for homes. Mr. Lear stated that City Code requires home to be built one (1) foot above Base Flood Elevation, which has been effective for years. Mr. Ebert said there is nothing like Armitages' home being built. He said there was no explanation to the petition that was brought around; most people thought it was an attendance sheet. He added that the majority of the signatures where from South Riverside Drive. He wants a view of the river and requested that the Board not approve height above 16 -feet. Mr. Morris asked Mr. Ebert if he owned property on E. Riverside Drive and allowed the public to use it. Mr. Ebert stated he did. Debra Rogers, 510 N. Riverside Drive stated she was for the variance, that the owner can build a 26 -foot tall house whether it was single or two -story and they were only asking for five (5) feet from the side setback. He is only adding another floor. Yvonne Bice, 210 N. Riverside Drive, stated she signed the petition and has no objection to a 26 -foot tall two -story house. Mr. Kayat stated he explained to everyone what the petition was for prior to anyone signing it. He added that they are not planning to change the footprint of the house, and will build a nice house. Mr. Mullen asked if they would be willing to give up the five (5) feet on the side for a two - story house. Mr. Morris stated that due to the shape of the lot that would be difficult. 2 -12 minutes 5 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. Mr. Heeb asked if they were discussing two - stories or 26 -feet in height. Mr. Morris stated a home with a second floor, the envelope would not change, only the interior would change, the exterior would be the same whether the house has one (1) floor or two (2). Cheryl Balombini, 1705 S. Riverside stated the Board should approve the variance. Ferd Heeb stated that there is 1.25 miles of unrestricted view of the river along Riverside Drive, not including the side setbacks. Byron Hodgin, 1601 S. Riverside Drive asked what the difference was with a view of the river, a park, or a retention pond. Larry (name inaudible) 1603 S. Riverside Drive, stated that regarding the side setback, they are only asking for five (5) feet and the house can be 26 -feet whether one (1) story or two (2), the public is not served by denying the request. Planning and Zoning Board member Mr. Heeb stated that there was an article in the News Journal regarding this. He lives on Riverside Drive and that he did not vote his conscience in December regarding the Land Development Code. Mr. Heeb made a motion to approve the variance for the subject property to allow a two (2)- story house with a 10 foot setback on the south side, Mr. Mullen seconded. MOTION CARRIED 6 -1 with Mr. Garthwaite voting NO. Chairman Vopelak called a recess at 8:15 p.m., the meeting resumed at 8:23 p.m. D. RZ -0301 — Mariners Gate, Ed Grant for Edgewater Terrace Inc., requesting the rezoning of property from R -4 (Multi - Family Residential) to RPUD (Residential Planned Unit Development). Mr. Lear gave a summary of the request and noted that there was an oversight by the applicant in proper notification. Jim Scott, 1205 S. Riverside Drive, stated he was happy working with staff and is trying to do good development. Mr. Garthwaite stated this was the old McAllister property and he was concerned with access on Falcon Avenue. Mr. Lear stated he has informed the developer they will need to do a "T" intersection and they will comply. 2 -12 minutes 6 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. Mr. Heeb asked if all of the trees that will not interfere with the houses would be removed. Mr. Scott stated that they plan to relocated any specimen oak trees determined by staff and they will not clear anything except the right -of -ways, retention areas and house pads. Ellene Chickering, 803 Egret Court, asked if there would be a wall between Mariners Gate and Pelican Cove West. Mr. Lear stated there is not one required and there are no plans for one. Mr. Mullen asked if the City was looking at traffic due to there being 75 home proposed. Mr. Lear stated the City is currently looking at that as well as Roberts Road and noted that this subdivision has been sent to Volusia County School Board. Mr. Mullen stated that most people go through Meadow Lakes, and that a bike path is needed. Mr. Lear stated the City has a bike path plan. Mr. Mullen asked what the City's plan was to get kids to school. Mr. Lear stated there was none at this time. Austin Moore, 813 Egret Court stated that many owners did not get notification of the meeting and asked why this was not continued until proper notification was sent. Mr. Lear stated that the correct notification would be sent for the next two (2) pubic hearings, which is the state requirement. Robert Brown, 807 Egret Court stated that all of the backyards have a wall except for the ones abutting the Mariners Gate property and feels that a wall should be put up now. Ed Houser, 417 Sea Hawk Court asked if there were any intentions of putting up a wall. Mr. Ed Grant, Edgewater Terrace Inc., stated there was not. Mr. Houser stated he wished they would consider a wall. Mr. Lear stated on the south side of the property there is 78- feet that is common area and drainage, this will be a buffer. Robert Fuller, 408 Sea Hawk Court stated he was concerned the use of Falcon Avenue will cause more traffic and wanted to know the difference between R -4 and RPUD. Mr. Lear stated that R -4 was multi - family and has set setbacks, and RPUD has an agreement. Mr. Fuller then asked that the Falcon Avenue entrance to reconsidered. Mr. Garthwaite asked if both items would go to Council. Mr. Lear stated yes. Mr. Garthwaite made a motion to send a favorable recommendation to City Council to rezone property to RPUD with the Zoning Agreement, Mrs. Zeese seconded. MOTION CARRIED 6 -1 with Mr. Mullen voting NO. 2 -12 minutes 7 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. E. SD -0202- Mariners Gate, Ed Grant for Edgewater Terrace Inc., requesting preliminary plat approval. Mr. Heeb asked if there would be a turn lane at the entrance to Falcon Avenue. Mr. Lear stated that one was already there. Mr. Garthwaite made a motion to send a favorable recommendation to City Council for preliminary plat approval, Mrs. Pluscec seconded. MOTION CARRIED 6 -1 with Mr. Mullen voting NO. Robert Lundberg, 413 Sea Hawk Court stated that this was approved and he has not seen it. Richard Gross, 414 Sea Hawk Court stated that the entrance at Falcon was to small. F. AN -0204- Glenn Storch, authorized agent for Hacienda Development Corp., requesting annexation of 18.27± acres of property located at 749 Bella Vista. Mr. Lear gave a summary of the request and stated that this annexation does not include the Hacienda Del Rio development. James Morris, Storch and Morris, stated that this was a voluntary annexation and they only requesting annexation at this time. Mr. Garthwaite asked what kind of flags they would be flying. Mr. Lear stated he believed it would be US and Florida, but was unaware of the other flags. Mr. Mullen made a motion to send a favorable recommendation to City Council for annexation and the associated Annexation Agreement, Mrs. Zeese seconded. MOTION CARRED 7 -0. G. Interlocal School Planning Agreement. Mr. Lear stated the agreement was passed by the State and gave a summary of the Agreement. He also read a letter into the record from the Department of Community Affairs. Mr. Mullen made a motion to send a favorable recommendation to City Council to authorize the Mayor and City Manager to execute the Interlocal Agreement for Public School Facility Planning, Mr. Garthwaite seconded. MOTION CARRIED 7 -0. 2 -12 minutes 8 CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 12, 2003 6:30 p.m. 6. DISCUSSION ITEMS 1. Planning Directors Report Mr. Lear stated the Land Development Code would go before Council for first reading on March 3, 2003. 2. Chairman's Report — Election of Chairman and Vice Chairman. Mr. Garthwaite made a motion to re -elect Mr. Vopelak as Chairman, Mr. Mullen seconded. MOTION CARRIED 6 -0, Mr. Vopelak voted NO. Mr. Garthwaite made a motion to re -elect Mr. Mullen as Vice - Chairman, Mrs. Zeese seconded. MOTION CARRIED 7 -0. 3. Agency Member's Report — re- appointment of Mr. Garthwaite and Mr. Vopelak The Board consensus was to send a favorable recommendation to City Council to re- appoint Mr. Garthwaite and Mr. Vopelak to the Planning and Zoning Board. 7. ADJOURNMENT There being no further business to discuss the meeting adjourned at 9:05 p.m. Minutes respectfully submitted by: Bonnie Wenzel Planning Technician 2 -12 minutes 9