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12-11-1996 'W' ...." CITY OF EDGEWATER Land Development and Regulatory Agency Regular Meeting Wednesday, December 11,1996 6:30 p.m. Chairman Masso called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., December 11, 1996 in the Community Center, 102 N. Riverside Drive. ROLL CALL Members present were Mr. Fazzone, Ms. Lichter, Mr. Moncure, Mr. Garthwaite, Ms. Agrusa, Mr. Hildenbrand and Chairman Masso. Also in attendance was Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUTES A motion was made by Mr. Garthwaite to approve the minutes of October 30, 1996 and seconded by Mr. Moncure. Motion CARRIED 6-0. Mr. Fazzone was absent from the October 30, 1996 meeting. NEW BUSINESS Public Hearing - VA-0396 - Ferdinand N. & Joanne M. Heeb. 115 N. Riverside Drive Chairman Masso opened the public hearing and informed the Board that the applicant would like the Board to personally visit the property for illustration purposes. Ms. Storey informed the Board members that no discussion whatsoever could be had between the members while viewing the site. Chairman Masso recessed the meeting at 6:33 p.m. The meeting resumed at 6:45 p.m. Chairman Masso asked Mr. Karet to give staff's report. Mr. Karet said the applicants wish a variance from the zoning ordinance to erect a steel carport in the required front and side yard setbacks on their 1.19 + acre parcel. Mr. Karet informed the Board that the carport would be erected over an existing concrete pad south of the driveway. Mr. Karet said the structure would fall completely within the required front yard setback and 8.25 feet into the required side yard setback. Mr. Karet stated that staff reviewed the applicant's request in association to the six Land Development and Regulatory Agency Regular Meeting December 11, 1996 1 -- ...., criteria that must be met to justify granting a variance. Mr. Karet concluded saying that staff found the applicants had failed to meet criteria A, B I E and F. and recommended the LDRA deny the applicants request. Chairman Masso asked the applicant for his comments. Mr. Heeb, 115 N. Riverside Drive: Mr. Heeb said the previous owners created the property as seen and doesn't feel it is reasonable to put the carport on the north side of the properly. He described the construction of the carport and stated it meets all code requirements. Mr. Heeb also said he his spoken to his surrounding neighbors regarding the carport and they had no objections and wrote letters to the City stating so. Chairman Masso asked if anybody in the audience had comments. There being none, he asked the Board for their comments. Mr. Hildenbrand stated he felt this type of structure would devalue surrounding property. Mr. Garthwaite said the project should be built according to the required setbacks, of which Mr. Fazzone also agreed. Ms. Lichter inquired whether other locations on the properly had been considered. Mr. Heeb replied that other areas had been considered, but he would like to utilize the existing parking pad and explained that it is hidden from view. Mr. Moncure agreed the location over the existing pad is the most appropriate location. He stated he has no objection to the request. Mr. Garthwaite asked Mr. Karet if allowing the request would be setting a precedent. Mr. Karet replied that each variance is individual and granted on its own merit. There was discussion on the visibility and aesthetics of the carport. Ms. Storey reminded the Board the City has no criteria on aesthetics. Mr. Fazzone said he didn't agree with the location proposed as the required setbacks aren't being met. Mr. Garthwaite said he felt codes should be adhered to as the carport could be located elsewhere on the properly. Land Development and Regulatory Agency Regular Meeting December 11, 1996 2 ...." ..., After concluding discussion, Chairman Masso asked for a motion. Mr. Fazzone moved to deny the request based on four of the six required criteria (A, B, E & F) were not satisfied, seconded by Mr. Garthwaite. Motion CARRIED by a 5-2 vote. Public Hearine - V A-0496 - Holiday Builders. Lots 3226.3227.3228 & south one-half of lot 3229 Chairman Masso asked Mr. Karet if request V A-0496 and V A-0596 would be heard together. Mr. Karet said the facts of the cases are similar and the comments from V A-0496 will be incorporated in V A-0596. However, two separate hearings for voting purposes are required. Ms. Storey reminded the Chairman that if any member of the Board viewed the property or had contact relating to the property must disclose such for the record. Chairman Masso inquired whether any members had any contact regarding the property. Mr. Moncure and Ms. Lichter replied they had visited the property, but had no contact with anyone. Mr. Karet then gave staff's report. He said the applicant wishes to procure a variance from the zoning requirements to construct a residence on a 140 foot wide parcel. The R-1B, Single Family Residential District establishes a minimum lot width of 160 feet for parcels adjacent to Indian River Boulevard. Mr. Karet said the parcel is nonconforming because the applicant purchased only 3 1f2 lots from the seller, resulting in a sale prohibited by the Land Development Code and the zoning ordinance. Mr. Karet commented that the seller retained 20 feet of the lot adjacent to Indian River Boulevard in anticipation of its purchase by the Florida Department of Transportation, consequently, the purchaser can not obtain a permit to build on a nonconforming lot. Mr. Karet stated that staff reviewed the applicant's request in regard to the six criteria that must be met to justify granting a variance. He said staff found the applicant failed to meet criteria C and F and recommended denial of the request. Chairman Masso questioned how the purchaser bought a lot on the word of the seller. He felt the City should have been consulted as to whether the parcel was buildable. Mr. Karet explained his understanding of the sale. Chairman Masso then asked for Board comments. Mr. Garthwaite asked Mr. Karet if other property owners had been allowed to build on Indian River Boulevard with the same problem as the applicant. He said this particular seller/home builder has acquired permits from the City for conforming lots, then upon selling the home(s) he would retain 20 feet of the lot on Indian River Blvd. Mr. Karet said no permits have been issued by the City for construction on lots not meeting the required criteria. Land Development and Regulatory Agency Regular Meeting December 11, 1996 3 ~ ~ Chairman Masso asked the applicant for his comments. Mr. Edward Wire (Holiday Builders), 1675 Providence Boulevard, Deltona. FL: Mr. Wire said he purchased the properly to build for a purchaser and was told by the seller, if he could meet the required setbacks, he could build a house. The applicant was asked if the three lots were considered (excluding the 20 foot lot) that face Needle Palm Drive for the house rather than facing Indian River Boulevard. Mr. Karet replied this was investigated with Mr. Wire. However, according to the City Attorney you can not deed something back to somebody without it being acknowledged. Mr. Karet said nonconforming lots combined in a single ownership are treated as one undivided properly. Further discussion was had involving possible alternatives. However, the Board and applicant were not able to come to any conclusion. Chairman Masso asked if any member of the public had additional comments. There being none the Chairman closed the public hearing. Ms. Lichter stated she didn't feel it would be breaking precedent to allow the variance if the setbacks were met, because a precedent has already been broken as there are other lots on Indian River Blvd. that don't have the required four lots. She said the fact remains, no matter how it was accomplished, some parcels contain only three and one half lots. Ms. Lichter finished saying she doesn't think we would be setting a precedent in this case. There being no additional discussion the Chairman entertained a motion for V A-0496. Mr. Garthwaite moved to deny the request based on the fact that criteria C & F had not been met. Seconded by Mr. Hildenbrand. Motion CARRIED 6-1 to deny the request. Chairman Masso opened the public hearing for the next request. Public Hearine - VA-0596 - Holiday Builders. Northem one-half of lot 1557 & lots 1558. 1559 & 1560 Mr. Karet said for the record the comments he made in regard to the previous request (V A-0496) are to be incorporated into this public hearing (V A-0596) as they are identical. Chairman Masso asked if the applicant had anything to add to this request or did he wish to have the former comments included in this request. The applicant responded his former comments are to be included in this request. Chairman Masso asked if anyone in the audience had anything to say. Land Development and Regulatory Agency Regular Meeting December 11, 1996 4 '-' ""-' Raymond Parmenter. 1810 Orange Tree Dr. - Mr. Parmenter said as a property owner thinks the City should assist the applicant with his problem. He said the property in question is an eyesore, people dump trash, there are dead fallen trees, and he thinks a house would look better than its current condition. Chairman Masso closed the public hearing and entertained a motion to approve or deny the request. Mr. Garthwaite made a motion to deny the request, based on the fact that criteria C & F were not met. Seconded by Mr. Fazzone. The Chairman asked for discussion. Ms. Lichter said her vote will be the same as the previous. She said she agrees with the Mr. Parmenter that a house would look better than it does now. And stated again, she doesn't thinL~ a precedent is being broken, because a precedent already exists. Roll call was taken to the motion to deny the request. Motion CARRIED 6-1 to deny the request. The Board recessed at 8:08 p.m. and resumed at 8:22 p.m. OLD BUSINESS Review of the draft response to the Objections. Recommendations and Comments (ORC) report. Mr. Karet referred to the report he provided the Board. He said staff is working to formalize its response to DCA. Mr. Karet said prior to sending the information to DCA, staff would like the input of the LDRA. Mr. Karet reviewed the draft response referring to the two major issues raised by DCA, data and analysis and identified need. Mr. Karet said the City plans to have the response completed by January or February. After some discussion with the Board, Mr. Karet said he would like to send this to DCA as he described it with the Boards recommendation. He concluded saying, if changes are required by DCA he will bring them back before the LDRA before sending it on to Council. The Board's response was they had no objections with Mr. Karet's report. DISCUSSION ITEMS A. Community Director's Report Mr. Karet said the sign ordinance is moving forward and will be going to Council for first reading Monday evening. He said at this meeting staff will explain to Council the content of the Land Development and Regulatory Agency Regular Meeting December 11, 1996 5 '- '..." ordinance and identify issues that were discussed by the LD RA. Mr. Karet said staff will ask Council at the Monday meeting to schedule a public hearing after the first of the year. Mr. Karet said before the public hearing, a copy of the sign ordinance will be sent to the active sign contractors, the Chamber of Commerce, and the Edgewater Business Association. B. Chairman's Report Chairman Masso mentioned to the Board the resignation of Philip Fong as Chairman to the Economic Development Board. C. Agency Members' Report Mr. Moncure stated he was troubled with the process of the variance procedures. He said he is particularly upset that Mr. Heeb had to spend $500.00 to have the required survey done. Mr. Karet said Mr. Heeb could have reduced his expenditures by competitively pricing the survey businesses. 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, Board Coordinator Land Development and Regulatory Agency :smp c:\LDRA\millutes\l2Jll/96 Land Development and Regulatory Agency Regular Meeting December II, 1996 6