05-26-1998 .140, Awe
City of Edgewater
Construction Regulation Board
Regular Meeting
Community Development, Conference Room
Tuesday, May 26, 1998
7:00 P.M.
I Community Development AGENDA 139 East Park Avenue
CALL TO ORDER Chairman Corhern
ROLL CALL Board Coordinator
APPROVAL OF MINUTES January 29, 1998 Chairman Corhern
UNFINISHED BUSINESS None at this time
NEW BUSINESS
1) Introduction of J. Kevin Grace, City Manager; Chairman Corhern
and Dennis I. Fischer, Building Official.
2) Board members Woody Tindall and Gary Chairman Corhern
Madole term's expired May 10,1998.
Both request reappointment for another term.
3) Review "Minor Construction Variance" Dennis I. Fischer
Proposed code modification to Section 1011.01
of the Land Development Code.
ADJOURN
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this
proceeding should contact Board Coordinator Tonya Elliott at (904)424-2411, no late than 48 hours prior to the proceeding.
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6�GE W4T�4
171E CITY OF EDC EWATF,R
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
f4LTY
May 15, 1998
Gary Madole
2948 Woodland Dive
Edgewater, FL 32141
Dear Gary;
As you know your term on the Construction Regulation Board(CRB) expired on May 01,
1998. If you would like to be reappointment for another term, bring your request in
writing to the CRB meeting on Tuesday, May 26, 1998. If you are not seeking
reappointment, pleasq let us know as soon as possible.
If you have any questions, please contact our office at (904)424-2411.
Thank you,
Tonya L. Elliott
Board Coordinator
Construction Regulation Board
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h:\tonya\crb\corres\madole
COMMUNITY DEVELOPMENT-139 EAST PARK AVENUE
(904)424-2412 FAX-(904)424-2423 SUNCOH-383-2412
BUILDING DIVISION-(904)424-2411
CODE ENFORCEMENT-(904)424-2414
SAFETY DIVISION-(904)424-2414
v RECEIVED
APR 2 0 1998
BLOG. LIVISION
4/20/98
Mayor and Council:
I, James Tindall, have served on the Construction Board for the past 2 years, and wish to
continue. I am requesting re-appointment for another term.
Sincerely:
James W. Tindall
'44re ‘11.10
•
•
•
Memorandum
To: Nikki Clayton, City Attorney
CC: J. Kevin Grace,City Manager
From: Dennis Fischer,Building Mgr.
Date: 05/12/98
Re: "Minor Construction Variance"
The Land Development Code Section 1010 deals with variances and the requirements needed for
granting.The construction industry has always complained about the city's strict enforcement of the
setback codes.History of this is evident when contractors are required to cut off or remove inches of
a building in order to meet the required setback. It is my request that the City Council consider
modifying the code to allow the Building Official to grant"Minor Variances"for construction errors.
The application process would be similar to the standard variance procedure and a fee will be
required.The Building Official shall have the authority to grant or deny the variance.The distance of
the:vanance shall be stated in the code text to a maximum of one(1)foot or 10%of the setback,
whichever is lesser.
Section 101 1.01 Application Procedures.
Amend do say: The Building Official shall have the authority to grant a "Minor
Construction Variance" for construction errors caused during construction.
The definition of a minor construction variance shall be defined in Chapter 2.
Chapter 2
Definition."Minor Construction Variance" The permission to depart from the
literal requirements of the set back section of the code. Construction variances
shall not be granted for anything exceeding one (1) foot in dimension or 10% of
the setback, whichever is lesser.
1
Such lot shall be in separate ownership and not be
contiguous to other lots in the same or substantially the
same ownership. This provision shall apply even though
such lot fails to meet the requirements of this Code for
area, width, depth, and frontage or any combination
thereof, provided that yard dimensions and requirements
other than those applying to area, width, depth or
frontage shall conform to the requirements of this Code.
Variance of yard dimensions and requirements other than
those applying to area, width, depth, and frontage shall
be obtained only through action of the Land Development
and Regulatory Agency. If however, the lot has no
frontage as defined in Chapter 2, then proof of recorded
legal ingress and egress acceptable to the City Attorney
must be furnished before a development order will be
issued.
B. If a nonconforming lot is contiguous to another lot in
the same or substantially the same ownership, such lots
shall be considered to be an undivided parcel for the
purposes of this Code.
C. The existence of a roadway dividing a parcel of land
shall not determine whether the parcel is considered to
be two separate lots . Each portion of the parcel must
have a separate legal identity in order for the parcel to
be considered two separate lots .
(Section 1005 - 1009 Reserved)
ARTICLE 2
VARIANCES
Section 1010. General Procedures
1010.01 Purpose. The purpose of this chapter is to provide a
mechanism for authorizing variances from the provisions
of this Code. Variances are intended to provide relief,
not contrary to the public interest, in those
circumstances where as the result of special conditions
pertaining to the parcel under consideration the literal
enforcement of this Code will result in unnecessary
hardship to the applicant.
1010.02 Initiation. A written petition for a variance shall be
initiated by the owner, the owner's designated agent or
any person having contractual interest in the. property 1
for which relief is sought.
(code\chapter.10)
December 7, 1994 10-3
Nue w
Section 1011. Variances from Dimensional Requirements
1011.01 Application Procedures. The Land Development and
Regulatory Agency (hereafter LDRA) shall have authority
to grant variances from the area, setback, frontage,
height, bulk or intensity standards and this
forth in
this Section.
A. An application for a variance shall be filed with the
Department of Community Development accompanied by a non-
refundable fee as established by resolution such form and sCity
Council. The application shall be i
contain such information and documentation as shall be
prescribed from time to time by the Director, but shall
contain at least the following:
1. Applicant's name, address and phone number.
2 . A copy the of recent deed recorded
in the
County for the property
Public Records
under consideration.
3 . A survey certified days � filing of
the application improvements and
conditions on the property.
4 . A description f Code from whichsought a variance tis
section of this
requested.
5 . The purpose for intended requested
statement of the development of property
statement
if the variance is granted.
6. Statements addressing each of the standards for
granting variances set forth in Section 1011.02 .
B. Within five (5) working days after receipt of an
application, the Director shall determine whether the
application is complete. If the Director determines that
the application is not complete, he shall inform the
applicant in writing of the application's deficiencies.
No further action shall be taken on the app
unless the deficiencies are remedied.
C. Within thirty (30) working days after the Director of
Community Development determines an application
make a
complete, he shall review the application,
recommendation, and submit it to the LDRA.
(code\chapter.l0) 10-4
December 7, 1994
.■ *44Z1Lib !!!t
INTER-OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: Dennis Fischer
Building Division Manager
FROM: Nikki Clayton aaA-
City Attorney
C.A. NO.: 98-069
DATE: May 15, 1998
SUBJECT: "Minor Construction Variance"
I concur with your draft proposal for "minor construction variance". I understand you will present
this to the Construction Regulation Board prior to going to City Council. Please advise if I can assist
you.
NC/rmw
Copy to: J. Kevin Grace
City Manager