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12-13-2000 ~ .." CITY OF EDGEWA TER Planning and Zoning Board Regular Meeting Wednesday, December 13,2000 6:30 p.m. Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., December 13, 2000 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Masso, Mrs. Zeese, Mr. Mullen, Mr. Vopelak, Chairman Garthwaite, and Mr. Youkon. Also present were Lynne Plaskett, Planning Director; Bonnie Wenzel, Planning Secretary; Pat Drosten, Planning Technician; Hans Wolfer, City Engineer; Dennis Fischer, Building Official. APPROVAL OF MINUTES Mr. Masso made a motion to approve the minutes of November 8,2000 as read. Mr. Vopelak seconded. Motion PASSED 6-0. OLD BUSINESS V A-0001 - James S. Morris, Esquire of Storch, Hansen, and Morris, authorized agent, requesting a variance from the buffer requirements for property located East of Riverside Drive and North of Lamont Street This item is continu~d from the October 11, and November 8, 2000 Planning and Zoning Board Meetings. Chairman Garthwaite read the staff report and opened the Public Hearing. Chairman Garthwaite asked Ms. Plaskett about a letter objecting to this variance. Ms. Plaskett read the letter into the record. Ms. Plaskett aJso noted that additional information was provided to staff today by Mr. Morris and was given to the Board. Mr. James S. Morris, Esquire, addressed the Board and the concerns of City Engineer Hans Wolfer. He noted that after receiving the comments of Mr. Wolfer he conferred with Engineer Mark Dowst. Their conclusion was that Mr. Wolfer's recommendations could be met. Mr. Morris then handed out an additional information packet to the Board. He discussed the plan benefits: · All construction activity is planned for the already disturbed upland area; · Existing wetlands towards Riverside Drive are preserved; · The "Planting Plan" for the property will restore upland habitat which, in combination with the preserved wetland, will provide and ecologically balanced site. Mr. Morris also discussed the plan adjustments: (Suggestions of Planning Staff) · A revetment system is planned instead of a seawall; · A stormwater retention system will be created even though neither City Code or SJRWMD requires one for a single family home. A:\Minutes\12-13-00.doc Page 1 of5 '-' ...., (Suggestions of Engineering) · The impervious surface area has been reduced to approximately 50%; · The driveway width has been decreased; · Pipe size for the stormwater system has been increased; · The stormwater pond bottom has been raised; · The site is wrapped with a silt buffer. Mr. Morris further noted to the Board that the proposed plans add to the uplands with plantings and preserve as much of the wetlands as possible. Chairman Garthwaite asked if nothing were done to the property would the disturbed area replenish itself. Mr. Morris said no restoration would occur. Hans Wolfer, City Engineer, addressed the Board saying the land is difficult to build on, and previously recommended denial on two (2) occasions. Mr. Morris asked Mr. Wolfer if his recommended changes were made would it be possible to approve the variance. Mr. Wolfer stated that it was possible to work out a plan that everyone could agree on. Mr. Wolfer recommended to the Board that he approve the final plans before Board approval. Mr. Vopelak asked Mr. Wolfer if he thought the plans could satisfy him. Mr. Wolfer stated they could. Mr. Mullen asked how much time would be needed to approve the plans. Mr. Wolfer stated that he would need to see the full set of plans. Chairman Garthwaite then suggested approving the variance with the Engineer's stipulations. Mr. Morris said they have no objections to Mr. Wolfer's stipulations and is willing to work with him to meet the criteria. Mr. Morris then pointed out to the Board and illustrated his point with the drawings, that this property could not be built on at any point without some type of variance. Mr. Joe Young, Biological Consultants Services, explained to the Board the plantings that would be added to the property and noted the condition of the wetlands. Mr. Young informed the Board that the wetlands look like grass, and have been mowed for years. Mr. Young has also been in touch with various regulatory agencies and has been told not to expect a fill permit, due to the fact that the property has disturbed upland areas that could be built on. Chairman Garthwaite asked Ms. Plaskett for the value of the 50' setback from the Mean High Water Line. Ms. Plaskett gave the Board some htstory of the minimum environmental standards that were mandated by the County for adoption by each municipality. Ms. Plaskett continued, the purpose is to discourage stormwater run-off directly into the river. She added, the County has the means to make a case-by-case determination and noted the City does not have the expertise to make judgment on each property. Mr. Youkon asked Mr. Morris how close to the mean high water line would they be. Mr. Morris informed him it would be within only a few feet at the closest point. Chairman Garthwaite called a recess at 7:25 p.m. Chairman Garthwaite resumed the meeting at 7:30. Chairman Garthwaite then asked if anyone had any questions or comments. A:\Minutes\12-13-00.doc Page 2 of5 ........ .."", Mr. Les Haughwout, 200 N. Riverside Drive, addressed the board. He noted that he was the previous owner of the property in question and felt it would be grossly unfair to deny the variance request. Mr. Haughwout furth~r stated that the Armitages were doing everything possible to comply with City codes and will only be enhancing the property. Much discussion ensued regarding the adjacent sites and the site in question. With nothing further Chairman Garthwaite closed the public hearing. The Board members went over the variance criteria: 1. The granting of the proposed variance will implement specifically identified policies and objectives in the Comprehensive Plan. PASSED 6-0 2. The granting of the proposed variance will not result in creating, or continuing, a use of either structure, the land, or a combination of land and structure, which is not compatible with adjacent land uses in the area. PASSED 6-0 3. The granting of the proposed variance is the minimum action available to permit reasonable use of the property; PASSED 5-1, Mr. Youkon voted NO. 4. The physical characteristics of the subject site are unique to the specific site and not present on adjacent-sites. PASSED 4-2, Mr. Youkon and Mr. Vopelak voting NO. 5. The Circumstances creating the need for a variance are not the result of actions by the applicant, or actions proposed by the applicant. PASSED 6-0 Mr. Masso then made a motion to approve the variance subject to approval by Mr. Wolfer addressing his comments. Mr. Mullen seconded the motion. MOTION PASSED 6-0 VA-0005, VA-GOOS, VA-0007- Friendly Shores Homeowners Association. These items are continued from the November 8, 2000 Planning and Zoning Board Meeting. Chairman Garthwaite read the staff report. Ms. Plaskett read a letter sent to the homeowners of Friendly Shores Mobile Home Park by the City, into the record. Ms. Norrine Peterson, President Friendly Shores Homeowner's Association, explained to the Board that they are in the process of getting bids for the survey requested by staff and asked for a continuance. Mr. Youkon made a motion to continue this case untir the February 14, 2001 meeting. Seconded by Mr. Mullen. MOTION PASSED 6-0. NEW BUSINESS VA-0008 - James and Amanda Boren, owners, seeking a variance from the required 15- foot side setback (for a two (2) story home) to 11 feet 9 inches, for property located east of Riverside Drive and approximately 125 feet south of Thomas Street. Chairman Garthwaite read the staff report and asked if anyone had any questions for Ms. Plaskett. Mr. Vope/ak asked how the City came up with the 10 and 15-foot setback requirements. Ms. Plaskett gave a brief history. Chairman Garthwaite then opened the public hearing. Mr. Youkon asked if the house can be made narrower and therefore not need the variance. James Boren, owner, stated that the lot was 50 feet wide, they picked a Florida plan and if the house was any narrower it would look odd. Mr. Boren then approached the Board with pictures of the proposed house and houses in the area of their property. Ms. Plaskett noted that she did not think the request was unreasonable, but that a two-story house would be out of character in A:\Minutes\12-13-00.doc Page 3 of5 ..... .., the immediate area. Mr. Boren felt the house they proposed would not be out of character and noted that there are other two-story homes an Riverside Drive. Mr. Youkon stated he would have a hard time denying the variance, but was unsure if they could meet the variance criteria. Mr. Youkon asked Mr. Boren how they would meet variance criteria number three (3). Mr. Boren said they had searched for a single story plan, and could not find any that would work on that piece of property. They want a nice house for their family and this one fits their needs. Mr. Boren also noted that they would make the landscaping very attractive and felt the style of the house was well within the character of the neighborhood. Ms. Louise Martin of Riverside Drive informed the Board that the lots on the east side of Riverside used to be for the use of the lots west of Riverside Drive. She also concurred with staff about a two (2)-story house being out of character, and felt she would loose her privacy with a two (2)-story house being built there. Discussion ensured as to the height 0f the house. Chairman Garthwaite agreed that some people would object to a two (2)-story house, and wondered how the house would line up with the neighboring houses. Mr. Boren said they would line up evenly. Ms. Pat Tiffany of Riverside Drive stated that she was the previous owner of the property and did not object to the two (2)-story home, she would rather see a two (2)-story house than a small box-like house in the area. Mr. John Blanken, Riverside Drive, also would prefer a two (2) story home rather than a plain single story. Mr. Frank Durance, Riverside Drive, had reservations of the two (2)-story home and felt that setbacks should not be violated. He also stated that the owners should have bought a larger lot for this house. Mr. Boren pointed out that there was no law to keep them from building a two (2) story home on that property, they could build a single story home but would prefer the two (2) story. Ms. Martha Robinson, Riverside Drive, stated that she felt this home would enhance the area and would prefer this plan than a long skinny single story home. There being no further discussion, Chairman Garthwaite closed the public hearing. The Board went over the Variance Criteria: 1. The granting of the proposed variance will implement specifically identified policies and objectives in the Comprehensive Plan. PASSED 6-0 2. The granting of the proposed variance will not result in creating, or continuing, a use of either structure, the land, or a combination of land and structure, which is not compatible with adjacent land uses in the area. PASSED 6-0 3. The granting of the proposed variance is the minimum action available to permit reasonable use of the property. PASSED 6-0. 4. The physical characteristics of the subject site are unique to the specific site and not present on adjacent-sites. PASSED 6-0 5. The Circumstances creating the need for a variance are not the result of actions by the applicant, or actions proposed by the applicant. PASSED 6-0 A:\Minutes\12-13-00.doc Page 4 of 5 '-' --' Mr. Mullen made a motion to approve the variance request, seconded by Mr. Youkon. MOTION PASSED 6-0 Chairman Garthwaite called a recess at 8:40 p.m. The meeting resumed at 8:50 p.m. v A-0009 - Carl Carder, Belmont Homes Inc., authorized agent, seeking a variance of 3 % inches from the required 12-inches above Base Flood Elevation, to build an addition located at 2115 S. Riverside Drive - Presented by Dennis Fischer, Building Official. Chairman Garthwaite read the staff report and opened the public hearing. Dennis Fischer gave some background of F.E.M.A and Base Flood Elevations. He noted that the Base Flood Elevation for this property is 7 feet and this house sits at 7.7 feet. Mr. Masso asked if this was the City's Base Flood Elevation or F.E.M.A's. Mr. Fischer replied it was F.E.M.A.'s and they would not be violating the B.F.E. Mr. Youkon asked if we would report this to F.E.M.A, Mr. Fischer stated it would be reported, and noted that you can grant a variance below B.F.E., but this was not a variance for F.E.M.A. elevations. Mr. Vopelak asked Mr. Fischer is they could have a letter from F.E.M.A stating this was not in violation to their code, and would not hurt the City in the insurance program. After much discussion it was decided that Mr. Fischer would request a letter from F.E.M.A stating this request was not a violation of their B.F.E. Ms. Plaskett stated that another request would be coming before the Board at the next meeting and suggested that Mr. Fischer include that information to F.E.M.A. as well. The Board agreed. Mr. Masso made a motion to table this item until the January 10, 2001 meeting, seconded by Mr. Vopelak. MOTION PASSED 6-0. DISCUSSION ITEMS 1. Planning Director' Report Ms. Plaskett gave her report regarding the sidewalks being placed along Indian River Boulevard, per the Boards request. 2. Chairman's Report None at this time. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:30 p.m. Minutes respectfully submitted by: Bonnie A. Wenzel Board Secretary. :baw A:\Minutes\12-13-00.doc Page 5 of 5