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07-21-1993 l'-~!r , c~. '., ,,_ {,~ " L., ' .' ""-"':; , '-' ....., {\ ,;" .", CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING JULY 21, 1993 Chairman Hellsten called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, July 21, 1993 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Mr. Ewing, Mr. Fazzone, Mr. Garthwaite, Mr. Hildenbrand, Ms. Agrusa (arrived at 6:45 p.m.) 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. Masso moved to approve the minutes of June 30, 1993 as corrected, seconded by Mr. Garthwaite. Motion CARRIED 6-0 (Ms. Agrusa had not arrived as yet). NEW BUSINESS: SP-9303 - Chester Bovce. 135 W. Marion Avenue Luis C. GeiL authorized agent. is requesting site plan approval to connect two existing buildings. Chairman Hellsten asked Mr. Karet to review the staffs position. Mr. Karet indicated that this plan has been before the LDRA for various amendments. Mr. Karet said this site plan is for a 1,200 square foot addition to be built over an existing impervious service, and said all staff comments have been addressed and staff recommends approval. Chairman Hellsten asked for any Board comments. Mr. Masso questioned the storm water problem on the property. Mr. Karet stated this has been taken care of. Mr. Fazzone moved to accept the site plan, seconded by Mr. Masso. Motion CARRIED 6-0 (Ms. Agrusa had not arrived as yet). 1 'w' ...." SP-9304 - Dan Lewis. 227 N. Rid!!ewood Avenue Julian Jones. authorized agent. is requesting site plan approval for an addition to the rear of Discovery Days School. Chairman Hellsten asked Mr. Karet for the staff report. Mr. Karet said the 900 square foot, two story addition is to an existing structure. Mr. Karet said all staff comments have been met. Mr. Karet commented on the rear setback, saying the original site plan indicated that the property required for the rear setback (1/2 acre) was not in control of the owner, and stated as of today, the applicant has secured the property and will be closing on it by the end of the week. Mr. Karet said staff recommends approval of the site plan, but will hold up the issuance of any permits until proof of the title for the land is presented. Mr. Garthwaite moved to grant site plan approval upon receiving title to the mentioned property, seconded by Mr. Ewing. Motion CARRIED 6-0 (Ms. Agrusa had not arrived as yet). AN-0592 - Annexation of Prooerty Located on Line Gina Terrace at the North Side of Roberts Road Luis C. Geil. authorized agent for Belmont Homes. Inc.. is requesting the annexation of 1.32 acres located in the Lynne Gardens Subdivision. Chairman Hellsten asked Mr. Karet to review the annexation request. Mr. Karet said the applicant owns 8 lots within the vacant Lynne Gardens Subdivision, an unincorporated enclave located on Roberts Road between Edgewater Commons and the Meadow Lake Subdivision. Mr. Karet stated there is no infrastructure in place. Mr. Karet said the applicant has agreed to pursue paving the street and providing water and sewer lines after the annexation is approved. Mr. Karet said the Department of Community Development supports the applicant's request for annexation. Chairman Hellsten asked if there were any comments on the staff report. Mr. Masso asked Mr. Geil, authorized agent, when and where the infrastructure would begin. Mr. Geil said after the annexation has been approved then they will apply for rezoning. Mr. Geil continued, saying, after that the developer plans to negotiate with the other property owners in regard to being included in the development of the infrastructure. Land Development and Regulatory Agency Regular Meeting July 21, 1993 2 '-' ..... Chairman Hellsten asked Mr. Karet what the zoning would be on the proposed annexed property. Mr. Karet said it would remain county R-3 (single-family residential) zoning, until the City makes any changes. There was additional discussion and questioning between the Board and the applicant. Mr. Karet concluded by reminding Mr. Geil that staff stated the road into Lin Gina Terrace must be paved according to City standards. Mr. Masso moved to approve the applicant's request for annexation, seconded by Mr. Fazzone. Motion CARRIED 6-0. Chairman Hellsten asked the records to show that the new Board member, Mary Agrusa arrived at 6:50 p.m. VA-0493 - Variance to Allow for the Construction of a Shed/WorkshoD Robert Fritz. applicant. is requesting a variance from Section 602.04(d)(2) of the zoning ordinance to allow for the construction of a shed/workshop. The property is located at 2939 Pine Tree Drive. Chairman Hellsten asked for the staff report from Mr. Karet. Mr. Karet said the applicant's parcel is 120 ft. x 125 ft., containing a single-family residence that meets all required setbacks. He said the parcel also contains an existing 150 .:!: square foot shed that is nonconforming that the applicant intends to remove. Continuing, Mr. Karet said the applicant wishes to erect a 24 ft. x 24 ft. shed/workshop. Mr. Karet stated the applicant is proposing to locate the shed/workshop 10 feet into the 20 foot rear yard setback. Mr. Karet concluded saying that staff finds that A, B, C & E of the required criteria have not been met, consequently staff does not support the applicants request. The applicant, Robert Fritz. 2939 Pine Tree Drive addressed the Board saying he disagrees with staffs decision and expressed his views. Chairman Hellsten asked Mr. Fritz if he had spoken with the Department of Community Development regarding alternatives for the placement of the shed/workshop. Mr. Fritz replied yes. Mr. Fazzone questioned Mr. Fritz as to where staff suggested putting the shed/workshop. Mr. Fritz said it was recommended placing the shed forward 10 feet. Mr. Fritz said due to the fact there is a well and an air conditioning unit and a window on the house this is not a desirable location. Land Development and Regulatory Agency Regular Meeting July 21, 1993 3 '-' ....., Mr. Ewing made a motion to approve the variance. Motion FAILED for lack of a second. Chairman Hellsten asked the Board to review the 5 criteria, and said if all 5 criteria are met the variance should be granted. The Chairman then read "A" of the 5 criteria .... Do you feel special circumstances exist which are peculiar to the applicants land, structure, or building, and do not generally apply to the neighboring lands, structure or building in the same district or vicinity? The Board voted 6-1 against the applicant with Mr. Ewing voting yes. Do to the fact that "A" of the 5 criteria wasn't met, Mr. Masso moved to deny the motion based on no special circumstances exist which are peculiar to the applicants land, seconded by Mr. Garthwaite. Motion to deny the variance CARRIED by a 6-1 vote. Mr. Ewing voted no. V A-0593 - Variance to Allow for the Construction of a Swimmin2: Pool Diana Ballard. authorized agent for David Echols. is requesting a variance from Section 7-324(b) to construct a swimming pool. Chairman Hellsten asked Mr. Karet to give the staffs report. Mr. Karet said the applicant is requesting a variance from Section 7-324(b) that requires swimming pools to be located 5 feet from buildings and 10 feet from the property line. Mr. Karet said the applicant's .26:!:: acre parcel is nonconforming as well as the 2 story, single-family residence and a storage shed which is on the property. Mr. Karet stated the applicant would like to construct a 15 ft. x 30 ft. pool, with decking 4 feet from the residence and 3 feet from the property line that would encroach 1 foot into the required separation from the home, and 7 feet into the required separation from the property line. Mr. Karet said the 5 criteria has been satisfied, however, the Department of Community Development supports the applicant's request only in part. He said it is staffs opinion that the 5 foot separation between the pool and the residence should be maintained to ensure the structural integrity of the buildings that might be damaged by nearby excavation. Chairman Hellsten asked for Board member comments. Mr. Garthwaite questioned whether the pool would be screened, and the applicant replied yes. Mr. Masso inquired about the setbacks with a pool enclosure of which Mr. Karet responded the City would have no problem with an enclosure as long as the setbacks described in the report are met. Land Development and Regulatory Agency Regular Meeting July 21, 1993 4 '-" ...., After other discussion between the Board and Mr. Echols. owner of the property located at 708 South Riverside Drive, the Chairman asked the Board to vote on the 5 criteria. Chairman Hellsten read "A" of the five criteria....does a special circumstance exist? All members voted YES . Chairman Hellsten read "B" of the five criteria....strict application would deprive the applicant of reasonable rights. All members voted YES. Chairman Hellsten read "C" of the five criteria....special circumstances or conditions do not result from the action of the applicant. After the Board conferred with Mr. Echols, Mr. Fazzone asked Mr. Echols if he purchased the home as a resale or did he have the home built. Mr. Echols replied that he had the home built 7 years ago. Mr. Karet said this was a different response from what Diana Ballard of Aqua Tropic Pool, Inc. said during the review, she indicated that Mr. Echols had purchased the home as a resale. Upon the Chairman taking a vote on "C" of the criteria, all members vote NO. , I. ~ jr_ ~. .' . ~I<~":' -I "So u.:S:.T\"- '" ....'.~. ' Being that "C" of the criteria wasn't met, Mr. ~~;g5moved to deny the request, based on criteria "C", the property owner built the home and is responsible for the conditions of the property, seconded by Mr. Masso. Motion to deny CARRIED 7-0. Chairman Hellsten informed Mr. Echols that he could appeal to City Council. The Chairman called for a recess at 8: 10 p.m. Meeting resumed at 8:20 p.m. OLD BUSINESS: Review of Draft Chapter(s) of the Land Development Regulations (LDR's) Mr. Karet stated that Diane Ferguson is doing the research and developing of the draft Land Development Regulations. Mr. Karet also said that VCARD has received a copy of this draft on landscaping and their subcommittee will review it, then their comments will be provided in writing to the City. Mr. Karet said the draft will be revised according to VCARD's comments as well as suggestions from LDRA. Land Devlopment and Regulatory Agency Regular Meeting July 21, 1993 5 '-' ...... Chairman Hellsten asked if the Industrial Development Board will receive copies of the LDR draft's. Mr. Karet said the chapters that apply to economic development will be made available to Industrial Development Board. Mr. Masso and Mr. Garthwaite commented on various pages of the Land Development Regulations and Mr. Karet defined some of their questions. Chairman Hellsten said Chapter X will be deferred to the next scheduled meeting. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet said LDRA's request to meet with the City Council was heard at the last Council meeting and Council said they would like more detailed information as to what the LDRA wants to discuss. Mr. Karet also said the Council would like to schedule the meeting after completion of the budget meetings. B. Chairman's Reoort Chairman Hellsten said he would like items for discussion with the City Council to be presented at the next meeting. Chairman Hellsten asked Mr. Fazzone to be present at the next Council meeting as he will be out of town and a past LDRA issue will be on the agenda. Mr. Fazzone agreed to attend on Chairman Hellsten's behalf. Chairman Hellsten also congratulated Mr. Fazzone on the award he received at the last Council meeting recognizing all he has done in the City. Chairman Hellsten also commended Mr. Fazzone for the good work he has done on the LDRA Board. C. Agency Members Report Mr. Fazzone asked to have the LDRA packets prepared by Thursday, the week before the scheduled meeting. Mr. Karet said from now on they will be prepared by Thursday. Mr. Ewing asked if it is necessary that all 5 criteria be met when applying for a variance. Ms. Storey replied yes, it is necessary because that is how the ordinance is written. Land Development and Regulatory Agency Regular Meeting July 21, 1993 6 .... ..... ADJOURNMENT: There being no additional business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 9:00 p.m. Minutes respectfully submitted by, Sondra M. Pengov, Secretary Land Development and Regulatory Agency Land Development and Regulatory Agency Regular Meeting July 21, 1993 c:\ldra\minutes\72193 7