05-25-1994
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CITY OF EDGEW A TER
LAND DEVELOPMENT AND REGULATORY AGENCY
REGULAR MEETING
MAY 25, 1994
Chairman Fazzone called to order the regular meeting of the Land Development and
Regulatory Agency at 6:30 p.m., Wednesday, May 25, 1994 in the Community Center of City
Hall.
ROLL CALL:
Members present were Mr. Masso, Ms. Lichter, Mr. Hatfield, Mr. Garthwaite, Ms. Agrusa,
Mr. Hildenbrand, and Chairman Fazzone. Also present were Krista A. Storey, City Attorney,
Lynne Plaskett, Assistant Director of Community Development, and Sondra M. Pengov,
Secretary.
APPROVAL OF MINUTES:
The minutes of April 27, 1994 were presented for approval. Ms. Storey suggested amending
the minutes to reflect the approval of the 6 criteria. Mr. Masso moved to approve the minutes
with the addition of the amendment and asked that they be reread at the next regular meeting,
seconded by Ms. Lichter. Motion CARRIED 6-0. Mr. Hatfield abstained as he was absent
from the April meeting.
NEW BUSINESS:
MSD-9403 - Lorena L. Fi22
Lorena Figg, owner of property located at 204 Flagler Avenue requested a minor subdivision
to her property.
Chairman Fazzone asked Ms. Plaskett to give staffs report. Ms. Plaskett said the applicant is
requesting approval to re-subdivide a 1.11 acre parcel located in the R-3, Single-family
district into two lots. Ms. Plaskett said the three criteria required have been satisfied and the
Department of Community Development supports the applicant's request.
Mr. Garthwaite questioned Ms. Plaskett about the dwelling on the property. Ms. Plaskett
showed the location of a non-conforming structure and stated that the creation of the "new"
lot will not make it any more non-conforming.
Land Development and Regulatory Agency
Regular Meeting
May 25, 1994
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After brief discussion Mr. Masso moved to grant the request as it has met all requirements,
seconded by Mr. Hildenbrand. Motion CARRIED 7-0.
Ms. Plaskett requested that the Chairman sign the two sketch plans so that the applicant could
have them recorded.
VA - 0194 - John Mickler
Ms. Plaskett informed the Board that the applicant requested withdrawal of the variance.
VA - 0294 - Crail!: and Deanne Eckert
Mr. and Mrs. Eckert, owners of property located at 2228 Kumquat Drive, requested a variance
to construct a swimming pool.
Chairman Fazzone asked Ms. Plaskett for staffs presentation. Ms. Plaskett conveyed that the
applicant is requesting a variance from the required 10 foot setback of the side property line.
Ms. Plaskett said the pool with decking would sit 4.5 feet from the side property line which is
an encroachment of 5.5 feet into the required separation from the side property line. Ms.
Plaskett finished by saying the applicant has satisfied the five required criteria established in
the zoning ordinance and that staff supports the applicant's request.
Mr. Hildenbrand questioned whether the neighboring residences had been notified and if there
were any objections. Ms. Plaskett said there were no objections.
Mr. Eckert, the applicant, replied that all the abutting neighbors had been notified by himself
and the Department of Community Development.
Mr. Garthwaite asked the applicant if he had bought the house already built or did he have it
built? Mr. Eckert stated he had purchased the house already built.
Ms. Lichter asked if utility wires are on the property. Ms. Plaskett said yes, but they meet
the 10 foot setback requirements.
Mr. Masso then moved to grant the variance as the Board agrees with staffs recommendation
that the criteria has been met, seconded by Ms. Agrusa. Motion CARRIED 7-0.
Chairman Fazzone inquired at this time the name of the young gentleman in the audience.
He introduced himself as Jayson Rickard, and said he is here to get his Citizenship/Merit
Badge. At this point the Board applauded him and congratulated him.
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Regular Meeting
May 25, 1994
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OLD BUSINESS:
None at this time.
DISCUSSION ITEMS:
A. Community Director's Report
There was no report at this time.
B. Chairman's Report
Chairman Fazzone discussed the review of Land Development Codes brought before the May
Council meeting. Chairman Fazzone said the Council asked for a change in the appeal of
variances. Chairman Fazzone asked Ms. Storey if she would explain the Council's request.
Ms. Storey replied that the Council would like to hold a complete re-hearing on any appeal to
the Council and this section is being redrafted, then will be reviewed by the LDRA.
Mr. Masso asked if an applicant is allowed on an appeal to introduce anything that was not
presented to the LDRA. Ms. Storey said yes they may.
Chairman Fazzone reported on the VCARD forum (Entering the Age of ERP - Environmental
Resource Permits) that he and two of the Board members had attended and offered material to
the members to read. Mr. Masso said two State agencies are developing a permit
streamlining system in an effort to provide one-stop permitting for development applicants,
but said the requirements have increased considerably of which Ms. Plaskett agreed to.
C. Agency Members Report
Ms. Lichter discussed Council's hearing on Pelican Cove West Recreation Center saying she
didn't feel that Mr. Karet had explained to Council that the Board was opposed to a text
amendment. They felt clubhouses may be in areas that need investigation before being
opened to the public, thus a zoning change would be determined on a case-by-case judgement.
Ms. Lichter wanted Council to be aware of everything said by the Board. The Board
continued to discuss various issues regarding this subject.
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May 25, 1994
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Ms. Lichter questioned whether the withdrawal of some property involved in the "western
annexation" should come back to the LDRA. Ms. Storey replied no, this is not necessary for
a withdrawal.
Ms. Storey had provided the Board with three proposed chapters of the Land Development
Code for the LDRA to review. The Board said they would like to make it an agenda item at
the next regular meeting.
ADJOURNMENT:
There being no further business to come before the Board a motion was made and approved
to adjourn. The meeting adjourned at 7: 15 p.m.
Minutes respectfully submitted by:
Sondra M. Pengov, Secretary
Land Development and Regulatory Agency
/SMP
Land Development and Regulatory Agency
Regular Meeting
May 25, 1994
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