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01-26-1994 , . ...... ....., CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING JANUARY 26, 1994 Chairman Fazzone called to order a regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, January 26, 1994, in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Mr. Hatfield, Mr. Garthwaite, Ms. Agrusa (arrived at 6:36 p.m.), Mr. Hildenbrand and Chairman Fazzone. Mr. Ewing was recorded absent. 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 December 15, 1993 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Garthwaite. Motion CARRIED 5-0. Ms. Agrusa did not vote as she had not arrived as yet. CONTINUED BUSINESS: RZ-9302 - Rezonin2 of Property Located at the N.W. Corner of S. Riverside Drive and U.S. Hwv. #1 (Tabled at the December 15. 1993 meetin2) Luis C. Geil, authorized agent for IC. and Rosemary Carder, requested rezoning of property located on the N.W. comer of S. Riverside Drive and U.S. Hwy. #1 from R-2, Single-family Residential district to B-3, Highway Service Business district. Chairman Fazzone asked Mr. Karet to review the project. Mr. Karet stated that the Board was provided sketch plats of the proposed rezoning of the subdivision. After review, Mr. Karet said staff had some reservations about creating such a large lot with the depth being more than six times deeper than the width. Mr. Karet said that the applicant's submittal was in accordance with the Board's previous direction. Chairman Fazzone said confirmed that the applicant did what the Board and neighbors requested of him. Mr. Masso asked the City Attorney if the Board was allowed to put a condition on the approval of the re-zoning that no future requests for a change be made by the applicant or subsequent owners. Ms. Storey replied no. Chairman Fazzone asked that the record show that Ms. Agrusa arrived (6:36 p.m.) 'llW' ....., There being no further comments from the Board, Chairman Fazzone asked for comments from the applicant. Mr. Luis Geil, authorized agent, stated he thinks the subdivision plans will have to be resubmitted and showed the Board what may be resubmitted. Mr. Masso asked Mr. Karet if he could foresee any future problems with lots 1 and 2 with two different zonings. Mr. Karet said this is not the most desirable situation. However, Mr. Karet said, if the Board wishes to assure the people that purchased the lots that border on Riverside Drive that they will abut residentially zoned property, something like this will have to be done. After considerable discussion between the applicant and the Board members, Mr. Hatfield moved to recommend approval of re-zoning to the City Council, seconded by Mr. Masso. Motion CARRIED 5-0. Ms. Agrusa abstained as she arrived late. V A-0793 - Variance Reauest to Prooerty Located at 1719 S. Riverside Drive (Tabled at the December 15. 1993 meetin2) Mr. Luis C. Geil, authorized agent for James H. Cameron requested a variance to property located at 1719 S. Riverside Drive from the required setbacks to allow for the construction of a single-family residence. Chairman Fazzone said this is the third time this variance has come before the Board and that at the last two meetings the Board spent a great deal of time discussing it. Chairman Fazzone said the applicant was requested to come back to the Board with the final plans for the residence. Mr. Geil said the Board has been provided the plans as well as a plan showing a house to be built in front of the existing garage. Mr. Karet asked the Chairman if he recalled at the first meeting there had been a proposal to locate a house in front of the garage, but it was rejected by the Board. He said he had reminded Mr. Geil of this rej ection. Mr. Geil explained that Mr. Cameron has a client that wishes to build a house in front of the garage as well as another potential client who wishes to convert the garage to a house. Land Development and Regulatory Agency Regular Meeting January 26, 1994 2 ........ ....,,; Mr. Cameron reaffirmed Mr. Geil's explanation. Mr. Karet recommended that the Board make a decision that they think is most reasonable and appropriate and impose whatever conditions they think reasonable, and if the applicant can not live with those conditions he can always appeal those conditi;ms to the Cit... Council. Various Board members expressed confusion with the presentation of two separate plans. They were under the impression that they were going vote on one plan not make a decision between two plans. The consensus of the Board was that the second plan should have been presented with the packet and not at tonight's meeting. Mr. Cameron stated that if the Board has to decide between the two plans, he would prefer that the Board go with the single-family home in front of the garage. Chairman Fazzone said that plan was refused at the first meeting. Mr. Cameron doubted that the minutes would reflect that. Mr. Karet said if that is a matter of dispute the tapes of the meeting are available and copies can be made. Perry Barrett, Ponderosa Homes, Inc. expressed his interest in the property and said if the property was allowed only one type of home to be built on it it would make the property hard to sell. Mr. Barrett suggested tabling the request. There was discussion between Mr. Cameron and the Board regarding the construction of a single-family home in front of the existing garages. The Board disagreed with Mr.Cameron that they agreed to a house being built in front of the garages. Mr. Karet said, at the October meeting there was specific direction from the Board to incorporate the home into the garage structure. Mr. Karet said this was based on comments from the public. Mr. Hatfield said being that he was not at the October meeting he would like to have a verbatim transcript of the meeting. Land Development and Regulatory Agency Regular Meeting January 26, 1994 3 ...... ....", Mr. Masso moved to table the request to the February 23, 1994 meeting with the condition that the applicant supplies information to this Board in sufficient time for review and provide transcripts from the October meeting on this item, seconded by Mr. Hatfield. Motion CARRIED 6-0 Mr. Karet asked the Board if they wanted elevations of the building provided. It was agreed by the Board to have Mr. Cameron submit a plot plan showing the building in relationship to the property lines and all four facades. NEW BUSINESS: V A-0993 - Variance Request to Prooerty Located at 124 Riverview Drive Mr. William Tingley, owner of property located at 124 Riverview Drive requested a variance to the required setbacks to allow for the construct of a carport. Chairman Fazzone asked Mr. Karet to review the request. Mr. Karet said the applicant is requesting a variance from Section 602.05(d)(2) of the zoning ordinance which establishes a 10 foot interior side yard setback for the R-3 district to construct a carport in a side yard setback. Mr. Karet concluded saying upon review of the 5 criteria staff finds that the applicant has met all of the criteria and supports the applicant's request. Mr. Karet then passed pictures of the property to the Board. Chairman Fazzone asked the applicant for his comments. Mr. Tingley explained his need for the carport. Chairman Fazzone asked Mr. Karet if the encroachment of the carport would increase the nonconformity of the property. Mr. Karet responded yes. Chairman Fazzone also asked Mr. Karet what his rationale was in finding that the applicant had met all criteria. Mr. Karet said staff generally looks at the ability to locate an addition or pool or detached garage on a piece of property. He said if an applicant requests something that encroaches into a setback and there are other places on the property that the request could be reasonably placed, staff recommends denial of the request. Mr. Karet stated because the house already sits in the front, corner, and rear setbacks and there is no other location on the property to place the carport is the reason he supports the request. Land Development and Regulatory Agency Regular Meeting January 26,1 994 4 ..... ...." Chairman Fazzone reviewed the 5 criteria with the Board and found all had been met. Mr. Masso moved to recommend approval of the variance to the Council stating that all 5 criteria had been met, seconded by Mr. Garthwaite. Motion CARRIED 6-0. Discussion of the B-2 Nei!!hborhood Business District Chairman Fazzone asked Mr. Karet for his comments. Mr. Karet said this is a progress report. Mr. Karet said the Board may recall that the LDRA had been approached by the past Chairman of the Industrial Development Board, Joe Martin. Mr. Martin had requested an amendment to the text of the zoning ordinance. Mr. Martin requested deleting the language which restricts light manufacturing uses in the B-2 district to three employees. Mr. Karet said people are concerned with what this will do to the B-2 district because the original intent was to be a neighborhood business district. Mr. Karet said staff has mapped the area and gone door to door to determine which of the categories they would fall into. Mr. Karet suggested the Board members visit the areas of the B-2 district so that they will have a feeling of what is there. After discussion the Board members agreed to make arrangements to visit the B-2 district. Election of Officers A. Nomination(s) for Chairman Chairman Fazzone turned the gavel over to Mr. Masso. Mr. Masso said the chair will recognize nominations from the Board for Chairman. Mr. Hildenbrand nominated Mr. Fazzone. There being no additional nominations, the Board unanimously nominated Mr. Fazzone. Mr. Masso then passed the gavel back to Mr. Fazzone. B. Nomination(s) for Vice-Chairman Chairman Fazzone asked for nominations for Vice-Chairman. Land Development and Regulatory Agency Regular Meeting January 26, 1994 5 . . '-' ..""., Mr. Garthwaite nominated Mr. Masso. There being no further nominations, again the Board unanimously nominated Mr. Masso. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet said a document from the Industrial Development Board relating to the sign ordinance was provided to the Board. Mr. Karet said possibly because of the "tone" of some of the comments from the Industrial Development Board this document has become controversial. Chairman Fazzone suggested that the Board review the document from the Industrial Development Board. The Board agreed to have a special meeting to do so. The Board also agreed to invite the former Sign Ad Hoc Committee. B. Chairman's Report Chairman Fazzone asked Mr. Karet what the status is of the LDR's. Mr. Karet said VCARD has reviewed the environmental protection portions of the document of which he has to make revisions based on their comments. Mr. Karet said two thirds of the landscaping section has been discussed. Chairman Fazzone said he will ask the City Council at the February 7th meeting when in March they would like to schedule a joint meeting to resolve several questions they have. Chairman Fazzone concluded saying at a ribbon cutting ceremony for Sea Pines Memorial Gardens the LDRA was complimented in being instrumental in getting their project underway and expressed their appreciation. c. Agency Members Report None at this time. ADJOURNMENT: There being no further business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 8:10 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Secretary Land Development and Regulatory Agency /SMP c:\ldra\minutes\12694 6