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03-13-2002 ..., ...." Planning and Zoning Board March 13, 2002 Page 1 of6 CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, March 13,2002 6:30 p.m. Chairman Vopelak called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., March 13,2002 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Chairman Edwin V opelak, Robert Garthwaite, Charlene Zeese, Anton Heeb, Richard Mullen, Kristine Pluscec, 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 and February 13,2002 as read, Mr. Masso seconded. MOTION PASSED 7-0. OLD BUSINESS VA-0116 - James C. Carder, Jr., authorized agent for Fred and Linda Green, owners, requesting a variance from Section 21-50.02 (Table V-I) of the Land Development Code to allow a front setback of 25-feet in lieu of the required 30-feet and a minimum lot width of 50-feet in lieu of the required 75-feet, and a variance from Sections 21-50.02 (Table V-I), 21-41.04(a), 21- 42.05(d) and (e) to allow a rear setback of30-feet from the Mean High Water Line in lieu of the required 50-feet to build a single family residence on property located at 13 Pelican Lane. Item continuedfrom the February I3, 2002 meeting. Mr. Lear stated this was the last parcel in the subdivision to be developed. Chairman V opelak asked how this house would align with the other houses as far as setbacks are concerned. Mr. Lear stated that with the variance this house would meet the same standards as the previously built houses. Mr. Garthwaite stated that this lot was three (3) lots and someone sold off part of the lot and created a 50-foot lot. Mr. Lear stated the lots in this subdivision were platted 50-feet, although there was no formal agreement the history of the subdivision is 50-foot lots. Mr. Heeb asked why this item was tabled from the last meeting. Mr. Lear stated that staff did not have the full variance request. Mr. Heeb then asked if there was any comment from the neighbors. Mr. Lear stated there was a letter in their packet concerning this variance. Chairman V opelak stated the letter was not from an adjacent property owner. Chairman V opelak opened the Public Hearing at this time. '-' ..", Planning and Zoning Board March 13,2002 Page 2 of6 Mr. Millard Smith, 25 Laughing Gull Lane, stated that he felt the case was delayed because of his letter. He also felt there was not proper notification sent to the owners located within 300- feet. Chairman V opelak asked Mr. Smith if he was here to discuss procedures, because he felt the procedure were adequate and that staff was doing an adequate job. Chairman V opelak further stated that the discussion before the Board was the merits of the variance, not staff procedures. Mr. Smith stated there was nothing wrong with the Staff report, but wanted to tell the Board how he felt about the procedures. Mr. Lear interjected that the property owners within 300-feet were notified, although Mr. Smith's mailing label from the first notification had a typo, this was corrected and the second notification was sent to the correct address. Mr. Heeb stated that the setbacks on adjacent homes did not seem to be any different than this request, and all the homes were kept nice, he felt this request deserved approval. Mr. V opelak closed the Public Hearing and went through the findings of fact. Mr. Garthwaite disagreed with #5 due to part of the lot being sold off and creating a smaller lot than required. Mr. Mullen asked when the lot was sold off. Mr. Lear stated probably in 1993 or 1994. Mr. Heeb asked if the other lots in the subdivision were the same dimensions. Mr. Lear stated most of the lots are 50-feet. Mr. Garthwaite stated the Land Development Code states you cannot create a non-conforming lot. Mr. Lear stated that staff has spoken with someone from V olusia County Property Appraiser's Office and was informed that anyone can split a lot, they do not need approval from the City as far as the V olusia County Property Appraisers office is concerned. Mr. Mullen made a motion to grant a variance from Section 21-50.02 (Table V-1), Section 21- 41. 04 (a), Section 21-42.05(d)(e) of the Land Development Code to allow a front setback of 25- feet in lieu of the required 30-feet and to allow a rear setback of 30-feet from the Mean High Water Line in lieu of the required 50-feet and to allow a minimum lot width of 50-feet in lieu of the required 75-feet, with the condition that a formal lot split be granted prior to the issuance of a Development Order, Mr. Heeb seconded MOTION PASSED 5-2, Mr. Garthwaite and Mrs. Pluscec voted NO. NEW BUSINESS AB-0202 - Oscar Zeller and Julian Greene, owners, requesting abandonment of a 70' x 90' public easement described as a portion of lots 19 and 20, Assessor's Subdivision of the Sheppard and Sanchez Grant as per Map Book 3, page 49 and as per Map Book 14, Page 99 of the Public Records of Vol usia County. The applicant proposes an Industrial pun for the area and will reconfigure a proposed roadway location. Chairman V opelak opened the Public Hearing. Mr. Lear gave some background on this request. Chairman Vopelak asked if there would be the need for a Right-of-Way in the future. Mr. Lear stated there would probably be one at Flagler A venue. Chairman V opelak closed the Public Hearing and went over the Findings of Fact. ,., ...., Planning and Zoning Board March 13, 2002 Page 3 of6 Mr. Garthwaite made a motion to approve the requested action to abandon the described 70' x 90' public easement. Mrs. Zeese seconded. MOTION PASSED 7-0 CD-0201 - Southeast V olusia YMCA, authorized agent for the City of Edgewater, owner, requesting Conditional use to allow childcare at the YMCA facility, which is located in the R-4 zoning district. Chairman V opelak opened the Public Hearing. Mr. Lear stated that the zoning district the YMCA is in requires childcare to receive a Conditional Use Permit. Chairman Vopelak asked if this would impact any of the adjacent property owners. Mr. Lear did not foresee any impact. Mr. Garthwaite stated that the City has placed a stop-work order on the pool and boat house being constructed by the YMCA and felt this item should be tabled until the issues are resolved. Mr. Heeb asked what responsibility would the City have by allowing childcare at the facility, he thought the State would have many rules on this issue. Mr. Lear stated the granting of the Conditional Use would not commit the City to anything. Mr. Garthwaite again stated he felt this should be put on hold until the issues are resolved. Herman Mitchell, YMCA, stated they have applied to the State for the proper licensing, and the zoning has to be approved by the City. He further stated the Fire Marshall will be obligated to do an inspection prior to the issuance of a State License. Mr. Garthwaite asked Mr. Mitchell if they would be willing to wait for a decision. Mr. Mitchell did not have a problem postponing the vote. Mr. Masso asked how the City's legal department felt about voting on this Conditional Use at this time. Mr. Lear stated they had no issues. Mr. Heeb asked if the YMCA could abandon the facility to another entity. Mr. Lear stated the City's contract was with the YMCA and the City owned the facility. Mr. Heeb stated he would like the issues resolved before a vote. Chairman Vopelak closed the public hearing. Mr. Heeb made a motion to table CU-0201 until the Board's next meeting in April, Mr. Garthwaite seconded. Motion Passed 7-0. V A-0201 - David Carlton, authorized agent for Barbara Carlton, Trustee., requesting a variance from Section 21-50.02 (table V-I), Section 21-41.04(a), Section 21-42.05(d)(e) of the Land Development Code to allow a rear setback of 26-feet from the Mean High Water Line, in lieu of the required 50-feet to build an addition on an existing single-family home located at 1005 S. Riverside Drive. Mr. Lear gave some background information and stated there were several homes along Riverside Drive that encroach into the rear setback, and this addition would not encroach any farther that the existing structure. Mr. Garthwaite asked if the addition met the remaining setback requirements. Mr. Lear stated it did. Mr. David Carlton, 1005 S. Riverside Drive, stated their only intention was to increase the size of the home to what they need. Chairman V opelak closed the public hearing and went over the findings of fact. 'IW ..." Planning and Zoning Board March 13, 2002 Page 4 of 6 Mr. Mullen made a motion to approve the request for a variance from Section 21-50.02 (Table V-i), Section 21-41.04(a), Section 21-42. 05(d) (e) of the Land Development Code to allow a rear setback of 26-feet from the Mean High Water Line, in lieu of the required 50-feet, with a second by Mr. Heeb. MOTION PASSED 6-1 with Mr. Garthwaite voting NO. V A-0202 - Janet Dumas, authorized agent for multiple owners, requesting a variance from Section 21-50.02 (Table V-I) to allow a rear setback varying from lO-feet to 20-feet in lieu of the required 25-feet for construction of aluminum screen rooms on existing concrete slabs for six (6) town homes, located on lots 9 thru 14, of the Villa Verde South Subdivisions (addresses being 1910, 1912, 1914, 1916, 1926 and 1928 S. Riverside Drive, respectively) Chairman V opelak opened the public hearing and Mr. Lear gave background information on this subject. He stated that he believed a variance was granted to build the homes, and now a variance is required to build the screen rooms. Mr. Garthwaite stated that there were a lot of variances before them and would like to see all of the additions to look alike. Discussion ensued as to the accuracy of Riverside Drive. Ms. Janet Dumas, S. Riverside Drive, stated that they have decided on one contractor and style for all of the screen rooms. She continued that they are trying to improve the exterior of the properties and the residents only want to enjoy the view of Riverside Drive. She did however, ask why they should be responsible to relocate the shrubs. Mr. Lear stated that was only a staff recommendation, the Board makes the decision. Mrs. Zeese asked were the shrubs should be moved to. Mr. Lear stated outside the Right-of- Way, and visibility triangle. Mr. Mullen asked if the peak of the screen rooms would be even with the separation of the first and second floors. Mrs. Dumas stated that would be the case and the rooms would be the same color as the stucco. Discussion ensued as regard to the safety and location of the hedges. Mr. Jim Buhr, 1938 S. Riverside Drive, stated that Dennis Fischer, Building Official, stated that per the original site plan the hedge is required to be in place at it's present location. Mr. Mullen asked the residents if there was ever a problem getting onto Riverside Drive. Mrs. Dumas stated there has never been a problem. Mr. Lear stated the shrubs could be no higher than 2-l/2-feet in the visibility triangle. Mr. Garthwaite asked if there ever was an accident could the City be held liable. Mr. Lear stated that the variance was strictly for the screen rooms. Chairman V opelak closed the public hearing and went over the findings of fact. Chairman V opelak disagreed with #2, as the pads are too close to the street, he also disagreed with #3 for the same reason. llw' ...." Planning and Zoning Board March 13, 2002 Page 5 of6 Mr. Mullen made a motion to approve the variance from Section 21-50.02 (Table V-1) of the Land Development Code to allow the following setbacks in lieu of the required 25-feet: Lot 9 - 20-feet Lot 10- 20-feet Lot 11 - 18-feet Lot 12 - 16-feet Lot 13 -13.5-feet Lot 14 - 10-feet on the condition that the hedges are trimmed back to 2-1/2feet, 50-feetfrom the intersecting R- O-W lines.. Mr. Heeb amended the motion to include: all screen rooms be identical to one another, with a second by Mr. Garthwaite. MOTION PASSED 6-1, with Chairman Vopelak voting NO. V A-0204 - Lee Fritchie, authorized agent for owner, Southeast V olusia Habitat for Humanity, requesting a variance from Section 21-50.02 (Table V-I) of the LDC, to allow a front setback of 26'8" in lieu of the required 30-feet to build a single-family residence on property located at 2760 Banyan Drive. Chairman V opelak opened the public hearing and Mr. Lear gave some background information. Mr. Garthwaite stated that the Building Department must impress upon people to get approval before they take further action on a structure. Mr. Mullen stated that he has worked with Habitat and they do not have hire professionals. Mr. Fritchie responded that they do not hire professionals to layout the batter boards and such, but a licensed surveyor, and heating and AIC contractors are hired. Mr. Mullen stated the color of this house does not seem to fit with the rest of the neighborhood. Mr. Fritchie stated that only one (1) neighbor has complained about the color, and the owner chooses the color of the house. Mr. Lear stated that the LDC has no restrictions on the color. Mr. Garthwaite stated that he had no objections to this variance, but would like to discuss after the public hearings what can be done to make sure this problem does not keep arising. Mr. Jim Patton asked why the house was allowed to be turned. Chairman V opelak stated that was not a Planning Department issue, it was the building departments concern. Mr. Mullen asked if there were any requirements as to which way the house should face. Mr. Lear stated no. As there was no further discussion Chairman V opelak closed the public hearing and went over the Findings of Fact. Chairman V opelak again opened the pubic hearing to read a memo into the record from Planning Technician Pat Drosten. Mr. Mullen asked if there was a limit to the number of houses Habitat could build in the City. Mr. Lear stated there was not, they only had to comply with the City and State codes. Chairman V opelak closed the public hearing. ~ ...", Planning and Zoning Board March 13, 2002 Page 6 of6 Mr. Masso made a motion to grant the variance from Section 21-50.02 (Table V-I) of the IDC to allow a front setback of 26' 8" in lieu of the required 30-feet, with a second by Mr. Mullen. MOTION PASSED 7-0 Chairman Vopelak called a IO-minute recess at 8:00 p.m. The meeting resumed at 8:10 p.m. DISCUSSION ITEMS 1. Planning Director' Report a. Noise Ordinance. Mr. Lear read a statement from the legal department regarding public hearings. Mrs. Zeese stated she went to New Smyrna Beach and received a copy of their noise ordinance, and that it is very tight, they do not want outside entertainment. Mr. Heeb stated we do not need outside entertainment and special activities. Mr. Lear informed the Board that Council only wants their opinion and would like their written comments submitted to the Planning Department no later than Friday, March 22, 2002. Mr. Heeb stated he did not feel anyone had the right to infringe on anyone's right, and that special activities should not be permitted, whether it is a charitable event or not. 2. Chairman's Report None at this time. 3. Agency Member's Report Mr. Garthwaite asked stated he felt that lot coverage should include all concrete areas, not just the building. Mr. Lear suggested a text amendment. Chairman Vopelak stated that staff should draft an amendment to include all concrete and building to be included in lot coverage. Mr. Heeb asked if the City can be held liable for any harm done by granting an exception. Mr. Lear stated a condition can be placed on variances to hold the City harmless. Mr. Garthwaite stated the Land Development Code was inconsistent with itself concerning non-conforming structures/lots. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:36 p.m. Minutes respectfully submitted by: Bonnie Wenzel Board Secretary. :baw