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06-11-1992 '-' ...." CITY OF EDGEWATER 104 N. RIVERSIDE DRIVE P.O. Box 100 - Edgewater, Florida 32132-0100 (904) 428-3245 SunCom 371-7005 "r-- ., \ <.:.- /~_!"" .....C>..- Ai,') Qr (;, v ~:....... CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, JUNE 11, 1992 COMMUNITY CENTER Chairman Hellsten called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Thursday, June 11, 1992, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Garthwaite, Mr. Klein, Mr. Also present were Mark Development, Krista Storey, Pengov, Secretary. Masso Mr. Ewing, Mr. Fazzone, Mr. Hildenbrand and Chairman Hellsten. P. Karet, D i rec tor of Commun i ty City Attorney and Sondra Meager- APPROVAL OF MINUTES: Mr. Fazzone moved to approve presented, seconded by Mr. Masso. the minutes of May 14, Motion CARRIED 7-0. 1992 as NEW BUSINESS: VA-0492 - Variance to Construct Hall, Esq., authorized agent variance from the required construction of.a single family a Sinqle Familv Home - Charles A. for James Cameron, requested a lot dimensions to allow the home at 1717 So. Riverside Drive. Mr. Karet summarized the request for the Board. Mr. Karet then reviewed the five criteria that must be met before a variance can be granted. Mr. Karet said the that none of the five criteria had been met, and therefore, the Department of Community Development did not support the applicant's request. Mr. Hall explained property believing because the lot requested. that his client, Mr. Cameron had purchased the it to have 100 foot of frontage. However, is nonconforming, a variance of 4.64 feet is Chairman Hellsten opened the discussion publ ic. to the Board and the Land Development and Regulatory Agency Regular Meeting June 11, 1992 ~ ...", After the discussion from the Board, Chairman Hellsten asked the Board to review the individual five criteria required for approval of the variance. After discussion the Board voted on the five criteria and found none of the five criteria had been met. Mr. Fazzone moved to deny the variance request based on the vote that none of the five required criteria had been met, seconded by Mr. Masso. Motion CARRIED 6-1. Mr. Ewing voted no. VA-0692 - Variance to Construct a Retail Auto Parts Store - Clyde W. Pierce is requesting a variance to the required rear yard setback to construct a retail auto parts store. The property is located at 1710 So. Ridgewood Avenue. Chairman Hellsten asked Mr. Karet to gave the staff's position on the variance. Mr. Karet reviewed the background of the case. Mr. Karet said the Department of Community Development found that none of the five criteria have been met, as a result the Department of Community Development did not support the applicants request. Chris Reider from Conklin, Smith & Holmes represented Mr. Pierce and the discount auto parts store. Mr. Reider expressed his feelings on the setback requirements limiting the use of the peoperty. Mr. Fazzone stated, without requiring a if the building vaelance. weee moved it would fit Chairman Hellsten reviewed the variance approval with the Boaed. five criteria had been met. five criteria required for a The Board found none of the Mr. Garthwaite moved to deny required criteria not being met, CARRIED 7-0. the request based on the five seconded by Mr. Masso. Motion OLD BUSINESS: SP-9205 - Branch Bank Addition - Elizabeth Talkington, authorized agent for First Union National Bank, requested site plan approval for an addition to an existing bank (formerly Southeast Bank). Land Development and Regulatory Agency Regular Meeting June 11, 1992 2 '-' ...., Mr. Karet approva I . reviewed the site plan and stated staff recommends There was discussion concerning two parking spaces south of the building that are hazardous. Ms. Talkington stated the bank will have no problem eliminating these two spaces as the bank feels they have more than enough parking. Ms. Storey stated a variance would be required to eliminate the parking spaces. Mr. Karet stated at the time the bank is ready to be issued the certificate of occupancy, if some kind of an agreement from the bank stating that they will agree to amend the site plan at a later date to remove the mentioned parking spaces, the certificate of occupancy would not be held up. There being no additional discussion, Mr. Klein moved to approve the site plan, seconded by Mr. Garthwaite. Motion CARRIED 7-0. SE-9102 - Special Exception to Construct the Auqust 15, 1991 LDRA meetinq) an A.C.L.F. (tabled at Mr. Masso moved to remove the special exception from the table, seconded by Mr. Fazzone. Motion CARRIED 7-0. Mr. Karet gave a brief history of the request, stating the LDRA originally heard this request on August 15, 1991. Mr. Karet said the LDRA tabled the special exception until the City Council adopted an ordinance relating to A.C.L.F. 'so He said the Council passed the Ordinance (92-0-4) on April 6, 1992. After brief discussion Mr. Fazzone moved to approve the special exception to adopt an Adult Congregate Living Facility, seconded by Mr. Garthwaite. Motion CARRIED 6-1. Mr. Klein voted no. SP-9203 Adult Conqreqate Livinq Facility Luis Geil, authorized agent for Frank Hall, requested preliminary site plan approval to construct an A.C.L.F. on property located on West Marion Avenue. Mr. Karet stated the site plan request is for a preliminary site plan approval. He said a final site plan will be presented to the LDRA at a later date. There was discussion on the possibility of traffic congestion being created from the A.C.L.F. Mr. Geil stated he is working with the City Engineer on a traffic study. Land Development and Regulatory Agency Regular Meeting June 11, 1992 3 'w' """" I"lr . K lei n Karet said by HRS. questioned the A.C.L.F. building requirements. Mr. HRS regulates the requirements and it will be approved There being no additional questions Mr. preliminary site plan approval, seconded Motion CARRIED 6-1. Mr. Klein voted no. Masso moved to give by Mr. Garthwaite. Chairman Hellsten called reconvened at 8:33 p.m. for a recess at 8:25 p.m. Meeting Discussion of Moratorium on the East Side of Riverside Drive. Chairman Hellsten explained citizens with concerns on Riverside Drive. he the has had building many inquiries from on the east side of Chairman Hellsten asked Ms. Storey for comments on the subject. Ms. Storey said the courts consider any moratorium ordinance similar to a rezoning process. Ms. Storey said municipalities have the authority to enact moratorium ordinances under the police power, however, there has to be a rational basis, some harm that is being prevented. Chairman Hellsten Board. opened discussion to the public and then the Chairman Hellsten said there had been some good suggestions brought up and feels a criteria of what are legitimate building lots, how stormwater requirements are defined, and the upland verses submerged platting should be addressed. Mr. Fazzone asked if the Board people feel that the moratorium, the Board wants. could go on record to make the as they think it, is not what Mr. Fazzone moved to eliminate the word moratorium and explore what are legitimate building lots, how stormwater requirements are defined and the upland verses submerged platting, seconded by Mr. Garthwaite. Motion CARRIED 6-0. Mr. Klein had left the meeting at this point. Land Development and Regulatory Agency Regular Meeting June 11, 1992 4 ,.. """" DISCUSSION ITEMS: A. Community Director's Report - None at this time B. Chairman's Report - None at this time C. Agency Member Reports - None at this time ADJOURNMENT: There being no additional business to come before the agency, a motion was made and approved to adjourn. The meeting adjourned at 10:10 p.m. Respectfully submitted by Sondra Meager-Pengov, Secretary Land Development and Regulatory Agency Regular Meeting June 11, 1992 Idramin/061192 5