01-09-2002
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CITY OF EDGEWATER
Planning and Zoning Board
Regular Meeting
Wednesday, January 9, 2002
6:30 p.m.
Chairman Garthwaite called to order the regular meeting of the Planning and Zoning
Board at 6:30 p.m., January 9, 2002 in the Community Center, 102 N. Riverside Drive,
Edgewater, Florida.
ROLL CALL
Members present were Chairman Robert Garthwaite, Charlene Zeese, Anton Heeb,
Richard Mullen, Donald Masso, Kristine Pluscec, and Edwin Vopelak.
Also present were Chief Planner Darren Lear and Planning Secretary Bonnie Wenzel.
APPROVAL OF MINUTES
Mr. Masso made a motion to approve the minutes of December 12, 2001, second by Mr.
Vopelak. MOTION PASSED 7-0
OLD BUSINESS
None at this time.
NEW BUSINESS
V A-0113- Jerry Peterson, authorized agent for owners Donald and Edith O'Polka,
requesting a variance from Section 21-52.02 (Table V-1) to allow a side corner setback
of eleven and one-half feet (11.5') in lieu of the required 30-feet for property located
at 3204 Needle Palm Drive.
Chairman Garthwaite opened the public hearing and gave a summation of the request.
Mr. Vopelak asked how wide the road would be if it was paved. Mr. Lear stated it
would have a 50:..foot right-of-way and the pavement would be approximately 20-feet.
Chairman Garthwaite stated that this was still an open and variances have been granted
similar to this in the past.
Mrs. Zeese asked if the dimensions on the side of the house in questions could not be
reversed. Jerry Peterson stated that the loan would have to be re-worked as well as the
interior footprint of the house. Discussion ensued regarding the dimensions of this
footprint.
Mr. Heeb asked how long the O'Polka's have owned this property. Mr. Peterson stated
approximately six (6) months.
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Mr. Rick Moesher, Needle Palm Drive, stated he would like to see the vanance
approved, as it would enhance the neighborhood.
There being no further discussion Chairman Garthwaite closed the public hearing.
Mr. Mullen made a motion to approve the variance request, second by Mr. Vopelak.
MOTION PASSED 7-0.
V A-0114- Edwin Hall, owner, requesting a variance from Section 21-53.03(b) to allow
a driveway to be 61-feet from the intersection of the Right-of-Way lines of a
functionally classified street (S.R. 442) in lieu of the required IOO-feet for property
located at 1829 Mango Tree Drive.
Chairman Garthwaite opened the public hearing. Mr. Lear stated that a building
permit was issued for this residence, although a variance should have been applied for
prior to the building permit being issued. Chairman Garthwaite asked if Mr. Hall was
aware of this fact. Mr. Lear stated he was. Mr. Hall stated that he did not do anything
against the City codes intentionally, that his plans were approved. He further stated
that there are driveways in Florida Shores that are closer to 442 than his driveway will
be.
Discussion ensued regarding how to stop people from building and then applying for
variances they know they have to obtain, as well as the amount of property being taken
by FDOT for the widening of S.R. 442.
Chairman Garthwaite asked if granting this variance would leave the city liable if
anyone was to have an accident do to the placement of this driveway. Mr. Vopelak
asked if the driveway across the street from this property was closer to S.R. 442. Mr.
Lear stated it was. Chairman Garthwaite asked if there was a way to get the building
department to let people who need a variance know they cannot build until the
variance is granted. Mr. Lear stated that in defense of the building department 99.9% of
the time they do tell people when they require a variance and send them to the
Planning Department.
Mr. Heeb asked Mr. Hall if he would mind signing a hold-harmless agreement with the
city. Mr. Hall stated he would if he had to.
There being no further discussion Chairman Garthwaite closed the public hearing.
Mr. Masso made a motion to grant the variance with the condition that the city not be
responsible for any accidents, as long as the city attorney concurs this is feasible, second
by Mr. Mullen. MOTION PASSED 7-0.
Mr. Hall then asked if he would be able to pour his driveway now. Mr. Lear stated he
could.
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DISCUSSION ITEMS
1. Planning Director' Report
None at this time.
2. Chairman's Report
a. Election of Board Offices.
Mr. Masso nominated Mr. Vopelak for Chairman, and Mr. Vopelak
nominated Mr. Mullen as Vice-Chairman. Mr. Heeb nominated Chairman
Garthwaite for another term, and Chairman Garthwaite respectfully
declined.
All Board members voted" Aye" for Mr. Vopelak as Chairman and Mr.
Mullen as Vice-Chairman.
b. Workshop Agenda
Chairman Vopelakasked Mr. Heeb what topics he would like to discuss at
the workshop. Mr. Heeb first discussed some issued that came up at the
City Council meeting on Monday. There was much discussion regarding
Mr. Heeb's interest in creating a zoning district for "City" business' such
as small retail. He stated there were many tracts of vacant land that could
be used for retail and he would like to have the zoning changed as such to
encourage retail business. Mr. Masso suggested Mr. Heeb present a
written agenda to the Board.
After much discussion regarding the aesthetics and zoning of U.S. 1 and
Dunlawton in Port Orange it was decided that a date would be chosen at
the February 13, 2002 meeting for the workshop.
Chairman Vopelak thanked Mr. Garthwaite and Mr. Masso for their
service as Chairman and Vice-Chairman of the Board.
ADTOURNMENT
There being no further business to come before the Board, the meeting adjourned at
7:25 p.m.
Minutes respectfully submitted by:
Bonnie Wenzel
Board Secretary.
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