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05-08-2002 --- CITY OF EDGEWATER Planning and Zoning Board Wednesday, May 8, 2002 6:30 p.m. ...., Chairman Vopelak called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., April 10, 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, Russell Mullen, and Donald Masso. Kristine Pluscec was absent. Also present were Chief Planner Darren Lear and Planning Technician Bonnie Wenzel. APPROVAL OF MINUTES Mr. Masso made a motion to approve the minutes of April 10, 2002 as read, Mr. Mullen seconded. MOTION PASSED 7-0. NEW BUSINESS AB-0201 - Luis GeU, authorized agent for John R. Browning and Eugenia A. Browning, requesting vacation of a right-of-way being 50-feet wide by approximately 16S.4S-feet in length and known as the 19th Street right-of-way extending between the westerly right- of-way line of Hibiscus Drive to the easterly right-of-way line of a IS-foot alleyway. Chairman Vopelak read the item into the record and asked Mr. Lear for the background information. Mr. Lear stated that the last item on the agenda (5-5) would be tabled at the request of the applicant, staff was informed by the applicant on this date (5-6-02) that the variance request has changed. Mr. Mullen made a motion to table item VA-0209 to the June 12, 2002 meeting, with a second by Mr. Garthwaite. Motion passed 6-0. Return to item AB-0201- Mr. Lear gave the background information on this request. He stated that the TRC denied the request, as the City would have to obtain an easement on property that is currently a City right-of-way. Chairman Vopelak opened the public hearing. Mr. Luis Geil stated there was an easement in process for Florida Power & Light and Mr. Browning would give the City an easement. He further stated that Mr. Browning would like to up the area, by putting up a gate to keep people from parking in the area. Mr. Garthwaite asked if they were proposing to blacktop the area. Mr. Geil stated that they would from Hibiscus to the entrance of the property. Mr. Masso asked if Mr. Browning would grant an easement to the City. Mr. Geil stated he would. Mr. Lear stated that the TRC denied this request due to this already being a public right-of- way. Mr. Heeb asked if the existing right-of-way would preclude the owner having an entrance to his property and why was the tractor trailer parked on the property. Mr. Geil stated he did not know why the tractor trailer was parked there, it was not theirs. Mr. Heeb stated he was uncomfortable with vacating an right-of-way, he did not like to give away City property. Pa!!e 1 of 6 ~ CITY OF EDGEWATER Planning and Zoning Board Wednesday, May 8, 2002 6:30 p.m. ..", Mr. Geil stated the City would gain in two (2) ways: the City would no longer have to maintain the right-of-way and the property would be added to the tax rolls. Mr. Heeb asked if the City paved the right-of-way and opened the street would it interfere with the business. Mr. Geil stated it would not. Mr. Garthwaite asked if the adjacent property was stormwater retention. Mr. Geil stated it was. Mr. Garthwaite further asked if the trucks parking on the right-of-way was a City issue. Mr. Lear stated it was a Code Enforcement issue. Mr. Heeb asked if there was a variance request made for this previously. Mr. Lear stated there was no record of any prior requests. Mr. Garthwaite asked if the applicant wanted to close off the right-of-way. Chairman Vopelak asked if fencing off the right-of-way would prevent access to the property. Mrs. Zeese asked if the City could fence it off. Mr. Lear stated they could not because it is a public right-of-way. Ms. Julie Glass of Riverside Drive suggested planting nice trees in the right-of-way to keep people from parking their trucks there. Mr. Anthony Lagano stated that there are multiple closed streets in Florida Shores, too many to plant trees, he further stated that Mr. Browning was only asking for part of the R-Q-W and that it would not affect the water retention. He also stated Mr. Browning should have use of his property, that the City needs to look into letting people utilize their property. Mr. Heeb stated that they discussed the fact that leaving the R-Q-W will not prevent Mr. Browning from using his property, and further that the property in question is a City right-of-way. Mr. Lear stated that Mr. Browning already has reasonable use of his property. Chairman Vopelak closed the public hearing and addressed the fmdings of fact. Mr. Heeb made a motion to send a recommendation to City Council to deny the request for abandonmentl vacation of the SO-foot right-ot-way known as the 19th Street right-ot-way, with a second by Mr. Garthwaite. Motion passed 6-0. VA-0206 - Anton and Mary J. Kos, owners, requesting a variance from Section 21-50 Table V-I, to allow for a lot depth of 98.85-feet in lieu of the required lIS-feet for approximately .227 acres of property located at 126 Woodley Avenue. Chairman Vopelak read the item into the record and Mr. Lear gave the background information. Mr. Lear stated that this parcel was originally owned as it is now, it was then combined with the parcel to the rear, then sold off again as two (2) separate parcels. Chairman Vopelak opened the public hearing. Mrs. Mary J. Kos, Hotel Avenue, stated they bought the lot in 1983 and was under the impression that the lot was buildable. Mr. Garthwaite asked how many more lots are in the City that have been illegally subdivided that will require variances. Mr. Lear stated that City staff has discussed this issue with the County, and that the County does not require approval from the City to subdivide lots. Chairman Vopelak closed the public hearing. P~we 2 of6 ~ CITY OF EDGEWATER Planning and Zoning Board Wednesday, May 8, 2002 6:30 p.m. ....., Mr. Gart1u.uaite made a motion to approve the variance as requested, with a second by Mr. Mullen. Motion passed 6-0 VA-0207 - Doris Tomljenovich, authorized agent, requesting a variance from Section 21- 50 Table V-I, to allow a front setback of 17 -feet in Heu of the required 40-feet, and to allow a side setback of four(4)-feet in Heu of the required 25-feet, also from Sections 21- 52.03 (a)(b)(c)(e) and (g) and Sections 21-36.02(g)(h) and (j) to construct a pre-fabricated 8-foot x 8-foot buDding at 423 N. Ridgewood Avenue. Chairman Vopelak read the item into the record and Mr. Lear gave background information. Mr. Lear stated that the applicant had a pre-application meeting in October with the previous Planning Director, he has had meeting with the applicant and has told her of his concerns with traffic safety issues. Chairman Vopelak opened the public hearing. Ms. Doris Tomljenovich explained to the board her concept and stated that at the pre- application meeting she was encouraged to pursue this venture. She explained to the board the type of building she would purchase and how it would be installed. She also provided the board with a presentation (attached). She stated there were two (2) entrances on V.S Highway 1 and one (1) on Dixwood. Mr. Mullen asked what she would be selling. Ms. Tomljenovich stated it would be gourmet coffee, iced tea and coffee. Mr. Mullen asked if there would be any food sold. Mrs. Tomljenovich stated there was non planned. Mr. Heeb stated that the Land Development Code encourages business' in the City, but this seems to violate so much of the Code, and wondered how he could go against the Code. Mrs. Tomljenovich stated that she was not adding anything, just replacing an existing structure, and the property was developed as a gas station. Mr. Heeb asked if the structure being replaced was the gas station cashier building. Mrs. Tomljenovich stated it was. Chairman Vopelak asked what type of business was located on this site now. Mr. Lagano stated there was an auto repair shop and boat sales. Chairman Vopelak asked if he expected the traffic volume to increase. Mr. Lagano stated he did, and that there is good access to the site and has never had any traffic problems at the site. Mr. Heeb asked how traffic would be regulated. Mr. Lagano stated he always recommended to customers that they exit on Dixwood. Mr. Heeb then asked if this was non-conforming. Mr. Lear stated it was non-conforming because the building was being replaced. Mr. Garthwaite stated this site became non-conforming in 1974. Mr. Lear concurred and added that any addition would have to meet the current Code requirements. Mr. Heeb then asked if the kiosk could be moved closer to the existing auto repair shop. Mrs. Tomljenovich stated it would then interfere with that business. Mr. Mullen stated that the traffic flow was north and south, can the kiosk serve both sides. Mrs. Tomljenovich stated it could. Mr. Lear and Mrs. Tomljenovich both stated they have searched for another acceptable site and have not found any. Page 1 of6 '-' CITY OF EDGEWATER Planning and Zoning Board Wednesday, May 8, 2002 6:30 p.m. .."., Mr. Mullen stated that this model had wheels, and wondered if that it was mobile would that help. Mr. Lear stated that a permanent structure was needed to obtain an Occupational License. Chairman Vopelak read into the record two (2) statements from nearby residents then closed the public hearing. Much discussion ensued as to the location of the kiosk. Mr. Garthwaite made a motion to deny the variance request, with a second by Mr. Heeb. Motion failed 2-4. Chairman Vopelak explained to the Board that if agreed with the motion they should vote yes, if they did not agree they should vote no. The Board decided to vote on the same motion. Motion tied 3-3. Mr. Masso made a motion to table this item to the June 12, 2002 meeting, with a second by Mr. Mullen. Motion passed 4-2 with Mr. Garthwaite and Mr. Heeb voting no. VA-0208 - Vaughn CrUe, Red Carpet Helicopters requesting a variance from Volusia County Zoning Ordinance Article VII to allow a front setback of IS-feet in lieu of the required 30-feet to construct two hangers located at 735 Air Park Road. Mr. Masso asked if the Board can grant a variance to the County Zoning Ordinance. Mr. Lear stated that they could because the property was in the City, it just retained county zoning until the City amended the zoning map. He further stated that this site plan was approved by County and the City agreed to accept it as part of the annexation agreement, any revisions to the plan would have to be approved by the City. Mr. Lear stated that Mr. Crile could build the hangers as approved by the county. Mr. Heeb asked if the business' were associated with aircrafts. Mr. Lear stated they were not and that businesses were not approved to be run out of aircraft hangers. Mr. Heeb asked if the hangers were for storage only, and if maintenance can be performed on the planes. Mr. Lear stated that Occupational Licenses cannot be issued, but the owners of the planes can have maintenance performed on them. Mr. Crile stated that the hangers were in an industrial zone, so they should be able to have businesses there. Mr. Lear stated that they are aircraft hangers and that no additional businesses would be licensed. He also stated that the parking was approved for aircraft hangers, having businesses there changes the parking requirements. Mr. Crile stated he might be better off to build as the county approved the plans, which would be larger hangers with less room for parking. Mr. Lear stated that was his prerogative. Mr. Crile stated that this was an industrial site and people make their living there, and pay industrial taxes. Mr. Lear again stated they the plans were approved as aircraft hangers. Mr. Heeb asked if they were only looking at a IS-foot variance. Mr. Crile stated he would not accept the variance with staffs recommended conditions. Chairman Vopelak asked Mr. Crile if he would like to withdraw his request. Mr. Lear stated that this was staff's recommendation, the Board did not have to follow it. Mr. Crile stated if he built the hangers as the county approved the area would be more crowded. Mr. Lear stated that there was only one (1) occupational license issued by the City for this location and that Mr. Crile agreed with staff at a prior meeting that no businesses should be Pal!e 4 of 6 ..., CITY OF EDGEWATER Planning and Zoning Board Wednesday, May 8, 2002 6:30 p.m. "'" run from the hangers. Mr. Lear stated that businesses change the use. Chairman Vopelak asked what could be done to make this work. Mr. Lear stated the agreement with the City would have to be changed. Mr. Crile could not see what the problem was. Mr. Lear stated that the county approved the site plan as aircraft hanger storage, and the parking associated with that use, by adding businesses to this site the parking requirements change. Mr. Crile felt the parking spaces would exceed what was needed for business. Mr. Lear again stated that the hangers were not approved for business use. Mr. Mullen asked Mr. Crile if the businesses have applied for licenses. Mr. Crile stated they have and that some of them have been there for 8-10 years. Mr. Garthwaite asked how many businesses were actually licenses with the City. Mr. Lear stated one (1). Mr. Crile again stated that he would not accept the variance with the conditions. Chairman Vopelak stated he could then reapply after making adjustments per the conditions. Much discussion ensued regarding commercial use verses aircraft storage. Mr. Garthwaite made a motion to approve the variance from Volusia County Zoning Ordinance Article VII to allow a front setback of 15-Jeet in lieu of the required 30-Jeet, based upon the following conditions, with a second by Mr. Mullen: Construction may commence only when final approval for the Air Park Road realignment has been granted; No additional businesses shall be allowed to operate from this site; The parking spaced are redesigned in such a manner that each space is parallel (1800 angle) with each building. Mr. Chris Ulch, 735 Air Park Road, Unit 4 asked to address the board at this time. He stated that when he leased his unit three (3) years ago his business was permitted, and he has his City Occupational License. He further stated that if his Occupational license was withdrawn he would be out of business and seven (7) people would be unemployed. He did not have any issued with the variance request, he has several issues with the parking situation at this site and feels it will only get worse when the new hangers are constructed. Mr. Heeb asked Mr. Ulch if he felt any other businesses should come into the hangers without the proper licensing and insurance. Mr. Ulch felt that was not his place to say. He stated he was legally allowed to be there as the City issued him an Occupational License. He added that once the new hangers are built there will be no parking, the issue is larger than the variance request itself. Mr. Garthwaite felt they should try to alleviate the parking problems. Mr. Jason Newberg, 735 Air Park Road Units 3 & 9, stated that when he purchased his units he was under the impressions that the parking would be offset at the end of each building. He added that there was no place for a dumpster. Much discussion ensued regarding the parking and whether businesses were permitted on this site. Pa{!e :'5 of 0 ..... CITY OF EDGEWATER Planning and Zoning Board Wednesday, May 8,2002 6:30 p.m. ..",., Chairman Vopelak closed the public hearing at this time and called for roll call on the motion previously stated. Motion Passed 6-0. Chairman Vopelak called a recess at 8:25 p.m. and resumed the meeting at 8:35 p.m. At this time he requested that the minutes pertaining to VA-0207 be sent to Ms. Pluscec prior to the agenda packets for next months meets so she may be up to date on the tabled item. DISCUSSION ITEMS 1. Planning Director' Report Mr. Lear supplied each Board member with a submittal from Chairman Vopelak regarding future planning of S.R. 442. He also noted that the contract with the City's consultant has been expanded and they will be providing a report for the Board, and suggested waiting to discuss the S.R. 442 corridor until such time as that is presented to them. He also suggested setting up a workshop at the next meeting. 2. Chairman's Report Chairman Vopelak reminded the Board that Ms. Pluscec's term will expire this month, she has submitted a letter requesting to extend her term. Mr. Mullen made a motion recommend to City Council that Ms. Pluscec be appointed to another term, with a second by Mr. Garthwaite. Motion Passed 6-0. Chairman Vopelak reviewed an addendum to the economic Development Board application. He would like to see more information about the applicant's qualifications on the applications. Mr. Garthwaite requested a briefing on the development in the City that does not come before them. 3. Agency Member's Report None at this time. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:55 p.m. Minutes respectfully submitted by: Bonnie Wenzel Board Secretary P1H!e () of ()