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07-29-1998 ....... ...., , CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, July 29, 1998 6:30 p.m. Chairman Masso called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., July 29, 1998 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Zeese, Mr. Ogram, Mr. Garthwaite, Mr. Azzarello, Sr., Mr. Hildenbrand and Chairman Masso. Mr. Ridner was recorded absent. Also in attendance were Lynne plaskett, Planning Manager, Nikki Clayton, City Attorney and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUTES A motion was made by Mr. Garthwaite to approve the minutes of June 24, 1998 and seconded by Mr. Zeese. Motion CARRIED 6-0. OLD BUSINESS N one at this time. NEW BUSINESS To allow the Building Official the authority to grant a "Minor Construction Variance" for construction errors caused during construction. The definition of a minor construction variance shall be defined in Chapter 2 of the Land Development Code. Chairman Masso, stated, under New Business, the Building Official has requested the authority to grant a "Minor Construction Variance" for construction errors caused during construction. The definition of a minor construction variance shall be defined in Chapter 2 of the Land Development Code. Chairman Masso asked Ms. Plaskett for the presentation. Ms. Plaskett then introduced Dennis Planning and Zoning Board Regular Meeting July 29, 1998 1 .... ..." Fischer, Building Official to explain to the Board why he believes this request is necessary. Mr. Fischer said in years past the City has had a zero tolerance level for new construction. Meaning, there have been incidences where a 30-foot setback for a slab has actually changed due to the slab shifting or other unforseen reasons. The slab may intrude only inches into the required setback, but had to be "cutoff." This doesn't become evident until the replat is performed. Mr. Fischer explained setback requirements are for aesthetics (a home is built within a parallel line along the street, side property and rear property lines) and fire protection between houses. Mr. Fischer stated he is asking to allow the Building Official to permit minor construction errors of less than one foot. Mr. Fischer said some cities provide for floating setbacks. This would allow a house to be moved accordingly. If the Building Official is to allow minor construction errors without the builder (or owners) required to apply for a "full blown" variance for just a few inches of encroachment. Chairman Masso asked if this would be for both commercial and residential. Mr. Fischer explained the request went before the Construction Regulation Board for residential lots. Mr. Fischer said if the request is approved it will be done with discretion by an application process requiring a fee. If a builder makes too many requests, they will have to go before the Planning and Zoning Board for a variance request. Ms. Plaskett said Staff would like the Board to consider limiting the number of variances granted to a contractor and limit to one the number of variances granted to a property. She recommended the property be recorded as having a variance and not to issue a certificate of occupancy until recorded. She also suggested not to allow a variance for zero lot line homes. Ms. Plaskett also asked Mr. Fischer if this request would apply to pools and sheds? Mr. Fischer replied yes. Ms. Clayton, City Attorney stated she is inclined to "rule of reason." Ms. Clayton said she thinks flexibility of rules would apply too many situations. She indicated she wouldn't put a limit of the number of variances to a contractor. Ms. Clayton stated the Building Official should be able to determine the uniqueness of a property when making his determination to grant a variance. After discussion, Mr. Garthwaite suggested a six-inch variance rather than 12 inches be considered. Also discussed, was how great the need is for the "Minor Variance." Ms. Plaskett stated many variances have been denied because of the rigid requirements of a variance, people requesting a variance for a few inches have been denied. Chairman Masso inquired of Mr. Fischer whether the twelve-inch request was excessive. Mr. Fischer stated the twelve-inch request is relatively standard. Mr. Fischer said the Construction Regulation Board agreed that twelve inches was an acceptable figure. Mr. Fischer also informed the Board that the size of the house would not change (increase), just the placement. Mr. Fischer replied to the question; if a contractor is denied the "Minor Variance" and a conflict arises, what recourse do they have? He said his decision can be appealed to the Planning & Planning and Zoning Board Regular Meeting July 29, 1998 2 .... ...., Zoning Board and the decision can be over ridden. Mr. Garthwaite asked Mr. Plaskett about the contract for the "Request for Proposal"(RFP) for the rewriting of the ordinances. Ms. Plaskett replied the RFP has been advertised and the cut-off is August 15, 1998. Mr. Garthwaite questioned whether the Board should wait and have the "Minor Variance" request included in the rewriting of the ordinances to save costs and time. Ms. Plaskett stated she has no problem with the request moving forward now as the costs are minimal. Mr. Garthwaite moved to recommend approval to the City Council to allow the Building Official the authority to grant "Minor Construction Variance" to residential properties, also, a copy of the requests will be forwarded to the Planning & Zoning Board. Seconded by Mr. Hildenbrand. Motion CARRIED 5-1. Mr. Zeese voted no. The language will be as follows: Section 1011.01 Application Procedures - Amend to say: The Building Official shall have the authority to grant a "Minor Construction Variance" for construction errors caused during construction. The definition of a minor construction variance shall be defined in Chapter 2. Chapter 2 - Definition: "Minor Construction Variance" The permission to depart from the literal requirements of the set back section of the code. Construction variances shall not be granted for anything exceeding one (1) foot in dimension or 1 0% of the setback. whichever is lesser. After brief discussion Mr. Garthwaite moved to approve the request and recommend to City Council the Building Official may grant a minor construction variance to residential property. Any variance requests will be forwarded to the Planning and Zoning Board. Seconded by Mr. Hildenbrand. DISCUSSION ITEMS A. Planning and Zoning Report None at this time. B. Chairman's Report N one at this time. C. Agency Member's Report Mr. Garthwaite inquired who will do the engineering reports for the Technical Review Committee, when the City Engineer leaves? Ms. plaskett stated she has done a scope of services for an engineer and Planning and Zoning Board Regular Meeting July 29, 1998 3 ~ ...., explained some of the engineering responsibilities have been delegated to other departments. Mr. Garthwaite also inquired about the Edgewater Library loosing parking spaces and whether the City has the latest plan. Ms. Clayton explained the County's position on the library parking and agreed the Planning and Zoning Board members need to be kept up to date on the parking issue. ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 7 :35 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Planning and Zoning Board :smp c: \LDRA \minutes\7/29/98 Planning and Zoning Board Regular Meeting July 29, 1998 4