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02-13-2002 .... ...., CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, February 13, 2002 6:30 p.m. Chairman V opelak called to order the regular meeting of the Planning and Zoning Board at 6:28 p.m., February 13, 2002 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Chairman Edwin Vopelak, Robert Garthwaite, Charlene Zeese, Anton Heeb, Richard Mullen, and Donald Masso. Also present were Chief Planner Darren Lear and Planning Secretary Bonnie Wenzel. APPROV AL OF MINUTES Mr. Garthwaite made a motion to approve the minutes of January 9, 2002, second by Mr. Mullen. * Approval of minutes to be voted upon at next regularly scheduled meeting. OLD BUSINESS None at this time. NEW BUSINESS Due to a discussion before the meeting was opened, Chairman Vopelak stated that if Mr. Millard Smith would like the board to motion to table item number V A-0l06 they would do that. Mr. Millard Smith, Laughing Gull Lane, asked to speak before the motion was made. He stated that he felt the item was being tabled due to the letter he sent to the Planning and Zoning Board. Chairman V opelak declared that was not true. Mr. Smith stated that when he wrote the Board he was trying to say that there were certain errors made in notification and description of the property involved and that if this is why it is being withdrawn that he thinks he should have the courtesy of being informed. Chairman V opelak stated it was not being withdrawn, it was being tabled. Mr. Smith stated that the request to table this was not made by the board, but by someone else. Mr. Lear stated the request was made by staff, partly due to his letter, but mostly because when this subdivision was platted in the 1970's there was, per word of mouth, a subdivision agreement that allowed certain setback requirements. Staff has done extensive research and has not been able to obtain anything in writing confirming these requirements, therefore additional variance requests will be required, which is the reason for this item to be continued. Mr. Smith stated that this was the result of his letter. He also takes exception to the identification of the property as 13 Pelican Lane. Chairman V opelak stated that they were not taking any action on the item at this time and presenting any arguments now would not make any sense. Planning & Zoning Board 2-13-02 "W' ~ Mr. Smith stated his concern was the action of the board, he is trying to say that if the board has a staff and that staff is charged with the responsibility for keeping the board up to date on how things are done, then it seems to him that staff ought to tell the board and the board ought to insist upon it that the identification of property be done according to some public record method, not post office address. The case in question here is that 13 Pelican lane is not a post office address, there is no building and it consists of three (3) separate lots each of which has a number and it is on the plat and should have been included in the notice. Mr. Smith stated that he was aware that the City did not have to notify him, but they did, he understood that the City only has to publish in the newspaper and what was published in the newspaper was not right and had it not been called to your attention he is concerned that it never would have been called to anyone's attention, and just becomes law or put into the rules and reg's as far as the City of Edgewater is concerned. Mr. Smith feels this act to table this does not give anyone time, as he might not even be here, but he is here now. Chairman Vopelak asked Mr. Lear if property owners would be re-notified for the second meeting. Mr. Lear stated that normally second notices would not go out, as they are giving notification tonight, although seeing that this case is causing such sensitive issues we will send out second notifications. Chairman Vopelak informed Mr. Smith he would get notification as to when this will be heard. Mr. Smith stated his letter was incorrectly addressed. Chairman Vopelak requested that Mr. Smith inform staff of his correct address. Mr. Masso asked when it would be brought before the Board. Mr. Lear stated this item would come before the Board at the next meeting which is scheduled for March 13, 2002. Mr. Garthwaite made a motion to table V A-0116 until March 13,2002, seconded by Mr. Masso. Mr. Mullen asked if they would receive copies of Mr. Smith's letter for the next meeting. Mr. Lear stated they would. Mr. Garthwaite felt there is a lot of information they need, he does not understand why this has been withdrawn, and what the problems are. Chairman V opelak said his initial reaction was the 50-feet, why was there no variance for that, and that is what staff is investigating. Mr. Lear stated that was correct, and the supposed subdivision agreement that we cannot find is the problem, this is so old and the files were not kept that well in the 70's. Mr. Garthwaite asked what the setbacks were on the other homes in that area. Mr. Lear stated they were built with 25-feet in the front, and they were on 50-foot lots. Mr. Masso stated he had no idea this was going to be tabled, or knowledge of Mr. Smith's letter. This should have been added as additional information. Mr. Lear stated the letter would have been given to them if this item was not being tabled. MOTION PASSED 6-0. Planning & Zoning Board 2-13-02 2 ...... ."",., V A-OI0B- Thomas Wright, authorized agent for owners Harold and Myrtle Gates, requesting a variance form Section 21.50- 02 (Table V-I) of the Land Development Code (LDC) to allow a minimum lot width of 99.95-feet in lieu of the required 100- feet and to allow a minimum lot square footage (uplands area) of approximately 9,475 square feet in lieu of the required 12,000 square feet and to allow a rear setback of 30- feet in lieu of the required 50-feet from the Mean High Water Line to build a single- family residence on property located at 1202 S. Riverside Drive. Chairman V opelak read the summary into the record and opened the public hearing. My. Lear gave the staff recommendation and explained to the Board that the property to the south received a variance in 1997 and the properties to the north are also encroaching into the rear setback. Thomas Wright stated the only thing he had to add was that this is the minimum action available to have use of this property. Mr. Heeb asked if this parcel was inclusive to the parcel to the west. Mr. Lear stated that at one time this was two (2) parcels, and have been combined. He added that staff's recommendation includes a formal lot split before a development order will be issued. My. Heeb asked who would be occupying this residence. Mr. Wright stated that was undetermined at this time, although it would possibly be kept in the family. Mr. Heeb then asked if it would be a single or two-story home. Mr. Wright stated that also was undetermined at this time. He added that the variance would determine the footprint of the home, and the footprint could not be any larger than what is granted here. My. Heeb asked if the side set-backs would be preserved. Mr. Lear stated they could change, although the minimum requirements would have to be met. Mr. Heeb stated he did not like the idea of the owner not residing on the property, especially when there are two (2) houses on one (1) lot. Mr. Lear stated they will have to do a lot split. Mr. Wright added that the variance is for a hardship of the property and had nothing to do with who resides there. He further stated that in most cities this parcel would be considered a legal non-conforming lot of record. Mr. James McAuliffe, S. Riverside Drive, read a statement (see attached) objecting to the variance into the record. In summation he felt there was no hardship and the variance request is excessive. Chairman Vopelak asked Mr. Wright to explain the problem with the property that has been divided adjacent to these two (2) parcels. Mr. Wright explained it as he understood, there was a street Right-of Way between the two properties that was vacated which yielded each party taking half of the vacated Right-of-Way, it seems, Planning & Zoning Board 2-13-02 3 '-" ...., judging by the survey, the property line dividing the two properties would be the centerline of the vacated Right-of- Way. Mr. Heeb asked if the owners would be willing to defer action until they decide what they are going to do with the property. Mr. Wright they would not, they want the variance to help determine what they will do with the property, and the Board's determining factor should be the property, not who will reside there. Mr. Heeb asked if the setbacks for the rear are the same as the property to the south. Mr. Lear stated that house was well within the setbacks, as well as the three (3) houses to the north. Chairman V opelak closed the public hearing. Mr. Mullen made a motion to approve the variance per staff's recommendation that a formal lot split is granted prior to the issuance of a Development Order, with a second by Mr. Garthwaite. MOTION PASSED 6-0 DISCUSSION ITEMS 1. Planning Director' Report None at this time. 2. Chairman's Report None at this time. 3. Agency Member's Report Mr. Heeb gave each Board member a memo and read it into the record (see attached). Mr. Heeb then elaborated by explaining how he would like have the City head in the direction of Port Orange. Mr. Masso asked if S.R. 442 was the equivalent of Dunlawton Avenue in Port Orange, and if so how did Port Orange set up their regulations to accomplish what is now there. He continued that if they are to model Edgewater after Port Orange they need something to work with. Mr. V opelak stated the Economic Development Board was having a joint workshop with City Council and felt that was the place to bring Mr. Heeb's ideas to light. Mr. Masso reiterated that he would like some type of plan to propose to Council. Mr. Heeb inquired if we could obtain Port Orange's zoning. Mr. Lear stated that it was public record, we could obtain it. Planning & Zoning Board 2-13-02 4 '-" ...., Chairman Vopelak asked that Mr. Heeb put together a proposal of the type of zoning he would like and present it to the Board. ADTOURNMENT There being no further business to come before the Board, the meeting adjourned at 7:33 p.m. Minutes respectfully submitted by: Bonnie Wenzel Board Secretary. :baw Planning & Zoning Board 2-13-02 5