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01-10-2001 i. -- ,..., CITY OF EDGEWA TER Planning and Zoning Board Regular Meeting Wednesday, January 10, 2001 6:30 p.m. Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., January 10, 2001 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Masso, Mr. Hellsten, Mr. Mullen, Mr. Vopelak, Chairman Garthwaite, and Mr. Youkon, Mrs. Zeese was absent. . Also present were Lynne Plaskett, Planning Director; Bonnie Wenzel, Planning Secretary; Dennis Fischer, Building Officiar. APPROVAL OF MINUTES Mr. Masso made a motion to approve the minutes of December 13, 2000 as read. Mr. Vopelak seconded. Motion PASSED 6-0. OLD BUSINESS V A-O()09- Carl Carder, Belmont Homes, authorized agent, requesting a variance of three and one-half inches (3 %") from the 12 inches above Base Flood Elevation for additions to property located at 2115 S. Riverside Drive. This item is continued from the December 13, 2000 Planning and Zoning Board Meeting. Chairman Garthwaite read the information from the staff report and asked Dennis Fischer, Building Official, to explain the response requested by the Board from FEMA. Mr. Fischer explained to the Board FEMA is guidelines for flood elevations and their rating program; He continued stating a variance of this nature would only result in a loss of 5 -10 points in the City's rating with the Federal Insurance Administrator Community Rating System. Mr. Fischer further explained that the City has a current rating of eight (8), and this loss of points would not reduce the City's classification. Mr. Fischer noted that the recommendation from FEMA was to grant the variance rather than make any changes to the City's flood ordinance at this time. Mr. Masso asked Mr. Fischer what his recommendation was to the Board. Mr. Fischer replied that he felt the Board should grant the variance. There was further discussion as to how many homes would require this variance. Mr. Fischer informed the Board that the City is now implementing stormwater standards for new single-family homes to help ease the flooding problems. Chairman Garthwaite closed the public hearing. Mr. Masso moved to approve the variance, seconded by Mr. Hellsten. The MOTION PASSED 6-0. A''''~ . ,..............^..1 \ , I' .,. '1 ..... ....." NEW BUSINESS CU-0001 Marjorie Rector, owner, is requesting a Conditional Use Permit for property located at 1822 Hibiscus Drive, to operate a Daycare Center. Chairman Garthwaite read the staff report and opened the Plfblic hearing. Chairman Garthwaite asked Ms. Plaskett if half of the unit was to be used as a dwelling and the other half as the Daycare. Ms. Plaskett stated that was correct, there is currently a tenant in the unit. Chairman Garthwaite asked if the tenant has anything to do with the running of the Daycare. Marjorie Rector, owner, stated they do not and they are aware of the fact that they wiU be asked to vacate the unit in six (6) to twelve months. Mr. Youkon asked how many children would be attending the center. Ms. Rector stated that depended on the State, they have certain guidelines according to floor space. Ms. Rector further stated that once she is licensed the State would inspect the building and fet her know how many children she wiD be allowed to have. Mr. Youkon asked the age range of the children. Ms. Rector informed t)jm they would be between six (6) weeks and 12 years. . The Board then went through the criteria for granting a Conditional Use. a. Meets the Concurrency Management System requirements described in Article XI. PASSED 6-0 b. Is compatible with ,land uses in the adjacent area. PASSED 6-0 c. Provide adequate landscape buffering from adjacent uses, where appropriate. PASSED 6-0 d. Provides adequate on-site lighting shielded form adjacent uses, where appropriate. PASSED 6-0 e. Provides safe access for pedestrians and vehicles, both on-site and off-site. PASSED 6-0 f. Presents no operational problems which could adversely affect public health or safety. PASSED 6-0 g. Is generally consistent with the applicable regufations for the zoning district in which it is located. PASSED 6-0 Mr. Masso then made a motion to grant the Conditional use pending approval of the stormwater from the City Engineer, Mr. Multen seconded. MOTION PASSED 6-&. VA-0010- John and Judith Weiss, owners, requesting a variance of three (3) inches from the required 12 inches above Base Flood Elevation, and a variance of one foot (1') from the required 10 foot side setback. Chairman Garthwaite read the staff report, then called for a five (5) minute recess at 7:05 p.m. Reconvened at 7:10p.m. Chairman Garthwaite opened the public hearing. Ms. Plaskett then explained to the Board that the applicant's did not need the variance to the Base Flood Elevation requirement. Mr. Fischer explained that the original elevation certificate received by the Weiss's was incorrect and they are in fact above Base Flood Elevation and the City's additional 12 inches. Mr. Youkon asked ^ .\ l. ..r;_n"~~\ {\ 1 1 {\ (\ 1 ...1__ I. '-' ...", about the concerns of the public regarding flooding. Ms. Plaskett read into the record a letter from a concerned citizen regarding flooding in the area Me Fischer explained that the City now requires stormwater retention for single-family homes. Ms. Plaskett informed the Board that this is a non-conforming structure on a non-conforming fot of record. They are asking to encroach one-foot (1') into the required 10-foot side setback. John Weiss, owner, stated when and how his house was built. Mr. Youkon asked where the existing garage was. Mr. Weiss approached the Board with pictures of his home and yard. Mr. Votpefak asked how far he was from the neighboring house. Mr. Weiss stated 55 feet, and noted that his house was not built square to the property fine. Mr. Multen asked if Mr. Weiss was going to be adding an additional driveway area. Mr. Weiss said he would be. Mr. Youkon then asked if was just making it into a two-car garage and drive. Mr. Weiss stated that was correct. Mr. Hel/sten asked how much impervious surface was being added. Mr. Fischer was unsure, but added that they can add the condition on the variance of runoff retention. Mr. Hellsten felt that was worth considering. There was further discussion of this matter. 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 fand 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. Hellsten voted NO. 4. The physical characteristics of the subject site are unique to the speciflC'site and not present on adjacent sites. PASSED 4-2, Mr. HelJ.sten and Mr. VopeIak voted 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 5-1, Mr. Youkon voted NO. Mr. Masso moved to grant the variance with the condition that the applicant provides retention for the first % inch of rainfall runoff, seconded by Mr. Hallsten. MOTION PASSED 6-0. DISCUSSION ITEMS 1. Planning Director' Report None at this time. 2. Chairman's Report None at this time. Ms. Plaskett informed the Board that there would be a joint workshop with them and the City Council on Monday January 22, 2001 at 6:00 p.m. in the Community Center regarding the proposed Edgewater Lakes. Discussion ensued concerning Edgewater Lakes and what would happen at the workshop. Ms. Plaskett stated that she would be giving a presentation and the Board members could ask the developer questions at that time. The Board thanked Mr. Fischer for all of his help regarding Base Flood Elevations. 4.'"'1'0 J \^1 1"^" 1 .. , , '-" ...." ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:30 p.m. Minutes respectfulfy submitted by: Bonnie A. Wenzef Board Secretary. :baw J. ,.... r" . \ ^.. .. ^ "'.. ..