11-09-2005
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'WIll'
CITY OF EDGEWATER
Planning and Zoning Board
Regular Meeting
Wednesday, November 9,2005
6:30 p.m.
1. CALL TO ORDER
Chairman Vopelak called to order the Regular Meeting of the Planning and Zoning Board at 6:30 p.m.,
November 9,2005 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida.
2. ROLL CALL
Members present were Edwin Vopelak, Pat Card, Robert Garthwaite, Todd Fuhrmann, Sandy Jones and
Charlene Zeese. John Weiss was excused. Also present were Development Services Director Darren Lear and
Planning Technician Bonnie Wenzel.
3. APPROVAL OF MINUTES
MOTION bv Ms. Jones. second bv Mr. Garthwaite to allllrove the minutes of October 12. 2005.
MOTION CARRIED 6-0
PUBLIC HEARING
4. OLD BUSINESS
None at this time.
5. NEW BUSINESS
PUBLIC HEARING
a. RZ-0410 - Paul Newsom, owner, requesting an amendment to the Official Zoning Map to include 12.38:l:
acres of land located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural
Transitional) .
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on this request.
MOTION bv Mr. Card. second bv Mr. Garthwaite to send a favorable recommendation to City Council for the
amendment to the Official Zonin2 Mall to include 12.38:1: acres ofland located at 2203 and 2295 Cow Creek Road
as AG (Allriculture) and RT (Rural TransitionaU.
MOTION CARRIED 6-0
b. VA-0513 - Garry M. and Janice Bennett, owners, requesting a variance from Article V, Section 21-50.02
(Table V-I) ofthe City of Edgewater Land Development Code for property located at 113 Lincoln Road.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information on this request. He
stated that the Technical Review Committee (TRC) has reviewed this request as with all variances and voted 3-2
to deny the request, with the minority recommending approval contingent upon the applicant's payment of a
fine/penalty as imposed by the Board.
There was discussion regarding water retention, Mr. Lear stated there were no problems with flooding, but
suggested if any penalties were imposed that they be put into the City Storm water fund.
Garry Bennett, 113 Lincoln Road, stated that the porch existed when they bought the house in 2004. The porch
was then damaged by the hurricanes last year, as he was fixing the porch they just added on, and that the porch
did not encroach into the setbacks any further than previously.
Mr. Garthwaite stated there was a large increase in the amount of ground coverage from the new porch. Mr.
Bennett stated the damage was from the hurricanes, but became a work in progress.
Ms. Jones pointed out that since Mr. Bennett was a contractor he should have known that permits were needed.
Mr. Fuhrmann stated that he did not want people to do things incorrectly, and then ask for forgiveness. He
added that he felt staffs recommendation of the penalty was fair.
11-9-05 p&Z Minutes
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''fI1I1''
CITY OF EDGEWATER
Planning and Zoning Board
Regular Meeting
Wednesday, November 9,2005
6:30 p.m.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION b Ms Jones second b Mr. Card to a rove the variance re uest rovided the a. licant secure the
auurouriate uermits and that the ulans are auuroved as reauired and uavs a $2800 uenaItv.
There was discussion on the amount of the penalty.
Ms. Jones amended her MOTION to an $1800 fine. second mv Mr. Card.
MOTION CARRIED 6-0
c. SD-0501 - Oak Leaf Preserve Inc., requesting preliminary plat approval for a single-family residential
subdivision to be located east of Old Mission Road, north of the Florida East Coast (FEC) Railroad,
south and east of Mission Oaks Mobile Home Condo.
Chairman Vopelak opened the public hearing and Mr. Lear provided background information on this request.
Mr. Lear stated the preliminary plat in consistent with the adopted RPUD Agreement.
There was discussion regarding drainage and tree protection on-site. Scott Nickel, Bussen-Mayer Engineering
Group, addressed each issue. Mike Evans, Oak Leaf Preserve Inc., addressed the lots, wetlands, and tree
preservation. Mr. Evans added that they have worked with the City and County regarding road improvements
in the vicinity.
Mr. Card asked if there were any endangered species on the property. Mr. Nickel stated the Environmental
Report showed one (1) gopher tortoise burrow, and the appropriate permits will be secured.
There being no further discussion Chairman Vopelak closed the public hearing.
MOTION bv Mrs. Zeese, second bv Mr. Fuhrmann to send a favorable recommendation to City Council for
Preliminary Plat auuroval of Oak Leaf Preserve based on the condition that urior to Construction Plan auuroval,
all revisions reauired bv the City Surveyor, City Attornev, City Enrineer, and City Staff are satisfactorily
comuleted.
MOTION CARRIED 6-0
OTHER BUSINESS
6. DISCUSSION ITEMS
a. Development Services Director's Report
None at this time.
b. Chairman's Report
None at this time.
c. Agency Member's Report
None at this time
7. ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 7:23 p.m.
Minutes respectfully submitted by:
Bonnie Wenzel, Planning Technician
11-9-05 p&Z Minutes
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