01-19-2000
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CITY OF EDGEW ATER
Planning and Zoning Board
Regular Meeting
Wednesday, January 19, 2000
6:30 p.m.
Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m.,
Januaxy 19. 2000 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida.
ROLLCALL
Members present were Mr. Zeese, Mr. Masso, Mr. Ridner, Mr. Ogram, and Chairman Garthwaite. Mr.
Azzarello and Mr. Y oukon were absent excused. Also in attendance was Lynne Plaskett, Planning
Director, Ken Hooper, City Manager, and Patricia Hayes, Board Coordinator.
APPROVAL OF MINUTES
Chairman Garthwaite asked to delay the approval of minutes until Februaxy meeting.
OLD BUSINESS
The Final Land Development Code as well as the new zoning map will be presented at the Februaxy
meeting.
NEW BUSINESS
Public Hearing-
VA-0799 -Arthur Goodrich, authorized representativefor Patricia Tiffany, owner, is seeking a
variance from the required ten foot (10') side setbacks to five feet (5') for approximately .47 acres of
property located ells! of Riverside Drive, approximately 125 feet south of Thomas A venue.
Chairman Garthwaite asked if any Board members had visited the property. Chairman Garthwaite had.
He then read the information summaxy and staff comments. Chairman Garthwaite then opened the public
hearing. He read the variance criteria and the responses from the applicant as well as staffs response and
response from Mr. Glenn Storch who was present and representing Mr. Riley Burch, a neighboring
resident. Chairman Garthwaite then asked if there were any questions from the Board to Staff. There were
none. Chairman Garthwaite asked if there were any comments from the public.
Mr. Arthur Goodrich, representative for Patricia Tiffany, spoke briefly about the marketing history of this
property. He stated that due to the lot size, it was difficult to sell and explained that the variance is
requested both to make the property more marketable and would benefit both nearby residents and the
City by allowing a bigger, nicer house than the current setbacks would allow. He than asked that if the
Board would not allow the reduction to a five (5) foot setback, perhaps they would consider a seven and
one-half(71/2) foot setback
Mr. Glenn Storch, of Storch, Hanson, and Morris, representing Mr. Riley Burch, a neighboring resident,
presented a petition with 27 signatures of neighboring residents opposed to this variance. He discussed the
criteria and stated that the key is that denial of this variance doesn't create a hardship for the property
owner. He further stated that the owner has reasonable use of this property without granting a variance.
Homes on both sides of this property are between thirty (30) and thirty-two (32) feet wide, the only
difference would be the way the houses would be facing. He went on to say that it appeared that the
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request for a variance of five (5) feet was arbitrary as no plans for building were presented. Mr. Storch
finished by stating that the applicant is unable to prove a hardship without this variance and therefore the
Board had no legal right to grant this variance.
Ms. Patricia Tiffany, 1428 S. Riverside Drive, replied that the intent of this request was to make it
possible to build something more attractive to the area. She commented that the house across from this
property has smaller than normal setbacks. She further explained that it was her understanding that the
petition provided by Mr. Storch was circulated with the idea that this variance would open this property up
for a modular home. She continued that per her conversation with Mr. Fisher, City Building Official, the
variance had nothing to do with whether a modular home could be placed on this property.
Mr. Robert Burnette, 458 Bouchelle Drive, New Smyrna Beach, spoke on behalf of Ms. Tiffany stating
the spirit of the request is to make a better area for all concerned. He has viewed many changes along
Riverside Drive, and it seems they all pointed toward one goal-to make Riverside Drive a richer place, a
more prestigious address. He further stated that Ms. Tiffany is trying to use her property in the best
possible way and granting the variance would allow a bigger, nicer home and broaden the City's tax base.
He went on to say the only loss would be the 5 feet on each side. As a neighbor and property owner, he
would like to see a bigger, nicer home on this property.
Ms. Louise Martin, 1409 S. Riverside Drive, spoke in opposition of the variance, stating that the applicant
should be held to the same standards as the surrounding properties.
Being no further comments from or to the public, Chairman Garthwaite closed the public hearing, and
asked for comments from the Board. Mr. Zeese asked for clarification on setback requirements and Ms.
Plaskett explained them for zoning district R-lA. Mr. Masso asked how many substandard lots were in
this zoning district. Ms. Plaskett replied there were 5 or 6. He also asked how many of these were
undeveloped. Ms. Plaskett replied 1 or 2 have been developed.
Chairman Garthwaite then brought before the Board the 6 criteria for voting. 1) The variance requested
arises from a condition that is unique and peculiar to the land, structures and buildings involved and is a
condition that is not ordinarily found in the same zoning district. BOARD VOTED 3-2, Mr. Zeese and
Mr. Garthwaite voting No.; 2) Strict compliance with area setbacks, frontages, heights, bulk, and/or
intensity requirements would result in unnecessary hardship for the applicant as distinguished from
restrictions imposed by this code on all other property in the same zoning district. BOARD VOTED 0-5.
variance request DEFEATED.
DISCUSSION ITEMS
A. Planning and Development Directors Report
Ms. Plaskett discussed briefly the FDOT widening project for SR442. The 90% plan has
been completed. Mr. Hooper discussed some issues surrounding this project including
landscaping and property takings. The Project is scheduled to be done in one (I) phase as
is due to be completed in 2002. Mr. Hooper asked the Board to consider what their
vision is for development of the SR442 corridor. Chairman Garthwaite asked about the
current and future zoning for this area. Ms. Plaskett stated that future zoning would come
before the Board so they should consider that in their "vision". She further stated that
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consultants have been chosen to assist the City in deciding what would be best for the
future of the City.
Additionally, Mr. Hooper stated that the City would be conducting interviews for the new
City Attorney on Monday.
B. Chairman's report
1. Chairman Garthwaite asked the Board their feelings on wording in the Board Bylaws
including what constitutes quorum and numbers for a passing vote. It was decided to
maintain a quorum at 5 members, however to change to wording from "affirmative
vote of 4 members" to "affirmative vote of the majority of members present" is
required for any development approval, in Article VI of the Bylaws. Additionally,
staffwill include language to reflect City Councils request that the Board make
recommendations to fill vacancies.
2. The Board voted to change the regularly scheduled meeting from the 4th Wednesday
to the 2nd Wednesday of each month to allow more efficient handling of
recommendations to City Council.
3. The Board voted unanimously to retain Mr. Garthwaite as Chairman, and Mr. Masso
as Vice-Chairman of the Board.
ADJOURNMENT
There being no additional business to come before the Board, a motion was made and approved to
adjourn. The meeting adjourned at 7:55 p.rn.
Minutes respectfully submitted by:
Patricia M. Hayes, Board Coordinator
Planning & Zoning Board
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