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05-26-1993 ...,... ...., f,,_ .., CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING MAY 26, 1993 Chairman Hellsten called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, May 26, 1993 in the Community Center of City Hall. ROLL CALL Members present were Mr. Masso, Mr. Ewing, Mr. Fazzone, Mr. Garthwaite, Mr. Hildenbrand and Chairman Hellsten. Also present were Mark P. Karet, Director of Community Development, Krista Storey, City Attorney and Sondra M. Pengov, Secretary. APPROVAL OF MINUTES; Mr. Fazzone moved to approve the minutes of April 28, 1993, seconded by Mr. Masso. Motion CARRIED 6-0. Mr. Masso asked the Chairman about the newly appointed Board member. Chairman Hellsten said Mary Agrusa had been notified of the appointment, but may not be able to attend this meeting and hasn't been sworn in by the City Clerk. OLD BUSINESS: Text Amendment of R-IA District Re!!Ulations Chairman Hellsten asked Mr. Karet to review the memo provided to the Board. Mr. Karet reminded the members that staffs recommendation at last months meeting was to amend the text of the zoning ordinance for the R-1A district, to eliminate the prohibition on multi-story homes and raise the maximum building height to 25 feet from the base flood elevations as established by Federal Emergence Management Agency (F.E.M.A.). Mr. Karet also stated, if the LDRA wishes to preserve the view of the river, then height limits do little good, an alternative would be to increase the open spaces between structures. Mr. Karet concluded by giving an example of a dwelling 35 feet high on a 100 ft. x 120 ft lot. Discussion followed regarding riparian rights along the east side of Riverside Drive and the restrictions on fill according to the Corp. of Engineers and the possibility of filling. The members also discussed the elevation of Riverside Drive and F.E.M.A. requirements. 1 ...... ....." Chairman Hellsten asked for citizens input. Ray Anderson. 1905 S. Riverside Drive - Mr. Anderson said he feels the status of the view on Riverside Drive should not be of concern, rather the height of the dwelling should be of concern. Mr. Anderson also said he believes that changing the height to some level larger than 22 feet over the base flood elevation, such as 25 feet, would be the best alternative for most people. Mr. Anderson felt the single story or two story shouldn't even be discussed. He concluded by saying the 25 foot height limitation would alleviate the problem of trying to build a home on a 100 foot lot, by being able to contain the building higher, as well as reducing the amount of impervious land. Mort Sprentall. 823 Cooper Street. New Smvrna Beach - Mr. Sprentall stated he is representing a potential property owner. Mr. Sprentall expressed his desire for higher height limitations. Mr. Sprentall also stated he agrees that there should not be any consideration of the view and presented a collage of pictures showing dwellings that prevent the view of the river from the west side of Riverside Drive. Chairman Hellsten said he doesn't feel a one story dwelling is adequate for the land values. Discussion followed in reference to available buildable lots on Riverside Drive and how many have 50 foot rear setbacks. Mr. Masso asked if the 25 foot height was allowed, what would happen to an existing home to be modified? Ms. Bice. 210 N. Riverside Drive - Ms. Bice questioned the 50 foot setback from the river. Ms. Bice also inquired whether fences were allowed between homes on the east side of Riverside Drive as they obstruct the view of the river. Doris Hill. 112 Lincoln Road - Ms. Hill agreed with Mr. Anderson regarding building height and setbacks. She also questioned whether existing homes, built in the side setback, would be able to build an additional story. Mort Sprentall, said he feels that landowners should be able to adjust side setbacks so that the placement of the building could be moved. Chairman Hellsten said he is interested in raising height and reducing the lot coverage. Chairman Hellsten also said the developer should be given as much flexibility as possible. Land Development and Regulatory Agency Regular Meeting May 26, 1993 2 '-" ...." Mr. Fazzone expressed the need for increased height, but had reservations in going up 35 feet. Mr. Fazzone said he agrees with staffs original position of 25 feet, with no restrictions on the number of stories. Mr. Masso asked Mr. Karet if there were any buildable lots on the east side of Riverside Drive. Mr. Karet replied, yes. Mr. Masso continued, saying he was in agreement with Mr. Sprentall's suggestion of variable side setbacks. Mr. Karet asked the Board, under what conditions does the Board think it would be reasonable for someone to vary the setbacks. Chairman Hellsten said he feels the setback requirements should be re-worded to say the total setback must be met, but that they could be varied on either side. Krista Storey, City Attorney, asked if the side setback recommendation was for all districts? The Board agreed this would be for all districts. Ms. Storey brought up that this should be handled in the land development regulations. Mr. Karet asked the Chairman if existing homes would have to meet the required setbacks. Chairman Hellsten replied yes. After additional discussion Mr. Garthwaite moved to accept staffs recommendation for a 25 foot restriction on height above the base flood elevation established by F.E.M.A. and setbacks to increase by 5 feet for each story added above 1 story. Motion was seconded by Mr. Fazzone and CARRIED 5-1. Mr. Hildenbrand vote no. NEW BUSINESS: None at this time. DISCUSSION ITEMS: A. Community Director's Reoort Mr. Karet said he has had discussion with VCARD and they are willing to establish an informal committee that will review the City's draft Land Development Regulations and provide input in written form. Mr. Karet said he will provide the Board members with committee meeting dates, if they wish to attend. Land Development and Regulatory Agency Regular Meeting May 26, 1993 3 '-' ....., Mr. Karet responded to Chairman Hellsten's enquiry on the status of the LDR's, saying the landscape ordinance is 80% complete, the maintenance ordinance is 90% complete and the building permit ordinance is 90% complete. Mr. Karet said some of the administrative chapters being worked on by Ms. Storey are also near completion. Mr. Karet stated the next LDRA meeting agenda should include some of the chapters for the Board's review. B. Chairman's Report Chairman Hellsten said he feels as the LDR's develop, he would like to have a series of workshops with an open forum and bring the results back to a full Board. Other Board members agreed with the Chairman. C. Agency Member's Report Mr. Ewing stated he still disagrees with Mr. Karet's comment on setbacks. Ms. Storey again explained the meaning of minimum setbacks. Mr. Fazzone stated he feels variances should be handled in a different manner. He suggested that staff review the five criteria and provide the background history without making a judgement ahead of time, then send the variance to the LDRA and let them make a final decision. Mr. Fazzone continued saying, if the applicant wishes to appeal the Boards decision they may then go to Council. He said this would eliminate the public's concern with why staff, the LDRA Board, and the council have such different opinions. Ms. Storey explained that staff is only making a recommendation and the LDRA is a quasi judicial body that evaluates the information provided, then makes a decision. Ms. Storey said the idea of the planner of the City's professional staff not making a recommendation to the LDRA Board is inappropriate. Ms. Storey also said she agrees that the process that goes from the LDRA to the City Council is not handled as well as it should be and said some recommended changes will be made to the procedure. Mr. Karet stated he is bound by a code of ethics to provide advise for the city and he will continue to provide advise and recommendations to the City Council and City Manager. Mr. Ewing stated he feels the criteria is repetitious and should be changed. Land Development and Regulatory Agency Regular Meeting May 26, 1993 4 ... -."."I Mr. Fazzone said he brought this subject up because of the perception the public has regarding the procedure. Mr. Masso said he feels the Board would be remiss if they didn't ask for staffs recommendation and Mr. Garthwaite and Mr. Hildenbrand agreed. ADJOURNMENT: There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 8:40 pm. Minutes respectfully submitted by, Sondra M. Pengov, Secretary c:\ldra\minutes\52693 Land Development amd Regulatory Agency Regular Meeting May 26, 1993 5