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10-27-1993 " 'I" ,',n" {,..j<' (" . "".,~". ..... ,.." CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING OCTOBER 27, 1993 Vice-Chairman Fazzone called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, October 27, 1993, in the Edgewater Library. ROLL CALL: Members present were Mr. Masso, Mr. Ewing, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand and Vice-Chairman Fazzone. Also present were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney and Sondra M. Pengov, Secretary. APPROVAL OF MINUTES: The minutes of October 1, 1993 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Garthwaite. Motion CARRIED 6-0. The minutes of October 13, 1993 were presented for approval. Mr. Garthwaite moved to approve the minutes as presented, seconded by Mr. Hildenbrand. Motion CARRIED 5-0. Vice-Chairman Fazzone was unable to vote as he wasn't present at the October 13th meeting. NEW BUSINESS: s\AR VA-0793 _ Variance to Construct a Sim!le-familv Residence \',\\ S~","Q~~Q.. ~(',."L Vice-Chairman Fazzone asked for the staff report from Mr. Karet. Mr. Karet reminded the Board that a variance may be applied for more than one time. Mr. Karet said the applicant is requesting a variance from Section 602.02(d)(I) of the zoning ordinance in order to allow for the construction of a single-family residence. The history of the property was also addressed by Mr. Karet. Mr. Karet continued to say that between 1980 thru 1987 the City allowed three homes to be built on three unapproved lots, and none of these lots met the code requirements. Mr. Karet said the original subdivision activity was illegal, saying the City's subdivision ordinance prohibits the sale of any lots or the issuance of any permits until a final plat has been approved by the City Council. 1 ~ ...." Mr. Karet stated the applicant now wishes to construct a 2100 square foot single-family residence that would meet the required setbacks. Mr. Karet then reviewed the 5 required criteria for a variance and said that none of the criteria have been met in the opinion of the Department of Community Development, therefore the department does not support the applicants' request. Vice-Chairman Fazzone asked the applicant for his comments. Luis Geil. 2305 S. Rid2ewood Avenue - Mr. Geil, authorized agent for James H. Cameron said there had been no variance required for the house built to the north of the subject property and said the lot width is the same. James H. Cameron. ADDlicant - Explained the history of the lots. Mr. Garthwaite asked Mr. Cameron if his parents bought parcels 1 & 2 in 1975 as well, as s'loJ..~ lots 3 & 4 in 1977? Mr. Cameron replied yes, but the intent at the time of purchase ~ not to combine the parcels, this was done in error. Mr. Masso asked if the building lot is predicated on frontage or width? Mr. Karet stated the building lot is predicated on both frontage and width. Mr. Karet continued to explain that the width of the subject property is not the only concern. Mr. Karet said the issue is when was the lot created, if it was prior to 1974 then if it is undersized it is considered a lot of record, but if it was4mrlt after that date the applicant is required to go through the subdivision . c~~~~ ~ requuements. Cl' Mr. Cameron said he did not create the width of the property, they were created in the 1960's, prior to the City's Comprehensive Plan. Mr. Fazzone said that the five-car garage was an eye sore and asked Mr. Cameron if the addition of a house would eliminate the flooding problems that exist on the property. Mr. Cameron said it wouldn't create additional flooding and the engineer will make swales and water retention areas to accommodate the water. Mr. Cameron also said that the garage would not be seen from Riverside Drive after the house is built. Mr. Garthwaite said that the ordinances are created to protect the City and give rules for developing. He said if we take the attitude that a lot is only 4 or 5 foot off then everyone will do the same. Land Development and Regulatory Agency Regular Meeting October 27, 1993 2 .. ....." Mr. C. Peter Hellsten. 1717-B S. Riverside Drive - Mr. Hellsten said he represents himself and Mr. Brehm. He said the City has erred in the past and has the responsibility to help fix the situation as well as the applicant. Mr. Hellsten said he has spoken with an attorney and feels the City is culpable for suite. Mr. Hellsten said the point he is trying to make is that aesthetics should be considered and by going through the criteria that the Board adheres to the variance will be denied. He said if you go through the criteria and look at the failure of the City to do its job in the past maybe there are special circumstances that should be considered. Mr. Hellsten said if the variance is granted there should be some special conditions attached that say that the aesthetics will be considered. Mr. Hellsten also questioned the water retention for the property. Mr. Ewing asked Mr. Hellsten how was the drainage on the property before the construction of the garage. Mr. Hellsten replied before the garage was built the area was relatively flat and the water was able to migrate toward Riverside Drive. He said the problem was created when his home was built even though F.E.M.A. requirements were met in 1986. Mr. Masso stated he would like to see a detailed, engineering plan showing what would be done with the water problem. Mr. Karet replied that this could be a condition. Doris Hill. Lincoln Road - Ms. Hill feels it would be appropriate, before anything is done, to have Mr. Cameron and the City reach an agreement that spells out exactly what will be done to the property. Ms. Mary Carro. 1718 S. Riverside Drive - Mr. Carro stated she approves the variance. Ms. Michelle Mercer. 1724 S. Riverside Drive - Ms. Mercer said she is in favor of the variance. She said the five-car garage has decreased the value of her property and said justice should be done for the property owners and thinks the City should overlook a few feet and allow the variance. She further expressed her -feels regarding the appearance of the five-car garage with its bright lights and numbered d~~;''^'Y> Vice-Chairman Fazzone agreed with Ms. Mercer and said the Board and members of staff are sensitive to what the citizens are saying. He understands that the neighboring properties have been devalued because of the five-car garage and also stated the drainage problem is atrocious and must be addressed. Land Development and Regulatory Agency Regular Meeting '-" ..., Sue Perry. New Smyrna Beach - Ms. Perry agreed that something needs to be done with the property and suggested adding a second story to the top of the garage. Mr. Karet asked Mr. Geil if the existing garage would hold a second floor and Mr. Geil replied. yes. Mr. Cameron said he still would like a house built in front of the garage as he requires a five- car garage. It was the consensus of the Board members that an agreement on the aesthetics and drainage problems must be reached before the variance is granted. Vice-Chairman Fazzone asked the members to vote of the five required criteria. The Board voted no to criteria B and E. On criteria D, the Board voted yes and on criteria A and C the vote was a tie (3 - 3). The Board members agreed that if Mr. Cameron submitted plans addressing the drainage problem and plans, showing the elevations of the proposed house they would probably be in favor of the variance. Mr. Karet said staff will review any plans presented by the applicant and check for compatibility with the codes. Mr. Masso moved to continue this variance request to the December 15, 1993 meeting at 6:30 p.m. (at a place to be announced) with revisions of stormwater retention, landscaping and building elevations, seconded by Mr. Garthwaite. Motion CARRIED 6-0. SD-9302 - Subdivision - N.E. Corner of South Riverside Drive & U.S. #1 Vice-Chairman Fazzone asked Mr. Karet for his comments. Mr. Karet said the request is to subdivide a 5:!: acre parcel into 5 separate lots. He said the actual request is for preliminary plat approval. Mr. Karet said if the Board grants approval, the applicants next step will be to develop construction plans to be approved by City staff. Mr. Karet said staff recommends approval. Mr. Garthwaite questioned the area where R-2 and B-3 zone runs through the lots. Mr. Karet said staff has requested that the applicant adjust the line through application, although zoning doesn't impact the subdivision. Land Development and Regulatory Agency Regular Meeting October 27, 1993 4 "-' ...., There was additional discussion regarding zoning, sewer installation and access to the property . Mr. Garthwaite moved to approve the applicants request, seconded by Mr. Ewing. Motion CARRIED 6-0. Election of Vice-Chairman Mr. Karet said the By-Laws state that the Vice-Chairman automatically becomes the Chairman, so Vice-Chairman Fazzone becomes Chairman and there is an opening for Vice- Chairman. Mr. Garthwaite moved to nominate Mr. Masso as Vice-Chairman, seconded by Mr. Hildenbrand. Motion CARRIED 6-0. DISCUSSION ITEMS: A. Community Director's ReDort Mr. Karet said it is requested that the November 24, 1993 meeting be changed to November 17, 1993 because of the Thanksgiving holiday. The Board agreed to the date change. Mr. Karet also said the December 29, 1993 meeting has been changed to December 15, 1993, as previously discussed. B. Chairman's ReDort Chairman Fazzone thanked the Board members, saying he will be happy to be the Chairman and will be fair and honest with everyone and how he deals with the public. Chairman Fazzone also mentioned his hospital stay and said he is now in good shape. Chairman Fazzone also discussed the meeting with VCARD on October 27, 1993 that LDRA members were invited to. After considerable discussion between Mr. Karet and the Board members it was agreed that Mr. Karet would report the findings of the future VCARD meetings to the Board. Land Development and Regulatory Agency Regular Meeting October 27, 1993 5 ~ ...., c. A2encv Members Report: Mr. Garthwaite expressed his thanks to Peter Hellsten for his leadership in the past years with the LDRA Board. All the Board members agreed. Mr. Garthwaite asked if the By-Law revisions were going to be done regarding extending terms. Mr. Karet said yes the changes will be made that Council directed. Mr. Garthwaite also asked if a meeting date had been made for the joint meeting between Council and the LDRA. Mr. Karet said no date has been set as yet. ADJOURNMENT: There being no additional business to come before the Board a motion was made and approved to adjourn. Meeting adjourned at 10:00 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Secretary Land Development and Regulatory Agency /SMP c:\ldra\minutes\102793 Land Development and Regulatory Agency Regular Meeting October 27, 1993 6