07-29-1997
CITY OF EDGEWATER
CONSTRUCTION REGULATION BOARD
PUBLIC HEARING
COMMUNITY DEVELOPMENT, CONFERENCE ROOM
TUESDAY, JULY 29, 1997
7:00 P.M.
COMMUNITY DEVELOPMENT AGENDA 139 E. PARK AVENUE
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES March 11, 1997
PUBLIC HEARING
1) Appeal by Douglas Molstre and Carol Dunn, 101 Park Place,
of the decision of the Building Official under Section
706.00(c) of the Edgewater Zoning Ordinance regarding the
grade applicable to a determination of fence height.
ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made
with respect to any matter considered at a meeting or hearing, that individual will
need a record of the proceedings and will need to insure that a verbatim record of
the proceedings is made.
:tle
h:\tonya\crb\agenda\0729.97
MOTION REGARDING APPEAL OF ADMINISTRATIVE ACTION
After hearing the testimony presented, I hereby move in
reference to the appeal by Douglas Molstre that the decision of the
Building Official regarding the grade applicable to the
determination of fence height (CHOOSE EITHER: (1) be upheld or (2)
be overturned and established as because
KAS
07/18/97
CRB\Motion\Appeal-Molstre
•
Nor
§ 703.00 EDGEWATER CODE
(b) No dock shall project more than twenty(20) per cent of the
width of the waterway into any waterway beyond the bulkhead
line,nor extend closer than ten(10)feet to the lot line of any other
residentially zoned property.
(c) If no bulkhead line is established,then the mean high water
mark shall be used as the line of measurement.
Sec. 704.00. Boats as dwelling units.
No boat or vessel shall be used or maintained as a dwelling unit
which is not sound, seaworthy and equipped with sanitary facil-
ities that are either:
(a) Connected to a public sewer system, or
(b) Have a self-contained waste treatment system.
Sec. 705.00. Visibility at intersections in Residential dis.
tricts.
On a corner lot in any residential district, nothing shall be
erected, placed, planted, or allowed to grow in such a manner as
materially to impede vision between a height of two and one-half
(2V12) and ten (10) feet above the centerline grades of the inter-
secting streets in the area bounded by the street lines of such
corner lots and a line joining points along said street lines fifty
(50) feet from the point of the intersection.
Sec. 706.00. Fences,walls and hedges.
It is the purpose of this section to set forth the standards nec-
essary to regulate the use of fences. The following regulations
shall apply to the erection of fences:
(a) All fences shall comply with the provisions of the appli-
cable building codes.
(b) Fences may be located in all front, side, and rear yard
setback areas and directly on property lines,provided that
a fence shall not encroach into a utility or access easement.
(c) The maximum allowable height of all fences located in the
front yard setbacks of residential property not subject to
Supp.No.34 1630
APPENDIX A—ZONING § 706.00
site plan review shall be four (4) feet. Fences located in
these areas must be capable of being seen through. The
maximum allowable height of all other fences in residen-
tial areas shall be six (6) feet including side corner yards
unless otherwise approved as part of a development plan.
In commercial and industrial areas no fence shall exceed
ten(10)feet in height unless otherwise approved as part of
a development plan.The filling or berming of property solely
for the purpose of creating a barrier that exceeds the height
requirements contained herein is prohibited.
(d) Fences shall conform to the "sight triangle" requirements
set forth in section 705.00.
(e) Any fence erected on property utilized for nonresidential
purposes which abuts property utilized for residential pur-
poses shall be erected with the finished side facing outward
or away from the enclosed or screened area. Any fence
located adjacent to a public right-of-way shall be erected
with the finished side facing the right-of-way.
(f) Approval to exceed maximum height limitations may be
granted by the director of community development subject
to either of the following:
(1) The enclosed or screened area is sufficiently lower than
adjoining lands to render a fence of the maximum al-
lowable height inadequate for its intended purpose.,
(2) The area to be enclosed or screened contains a nui-
sance or a hazard that cannot adequately be encom-
passed or obscured by a fence of the maximum allow-
able height.
(g) Fences with barbed wire shall be prohibited in conjunction
with residential development. In nonresidential develop-
ment, up to three (3) strands of barbed wire may be in-
stalled at the top of a fence.For regulatory purposes,barbed
wire shall not be included in the measurement of the fence
height.In no case shall barbed wire be allowed to overhang
or extend outside of the property lines of the site on which
the fence is installed, nor shall any barbed wire be in-
stalled at a height of less than six(6) feet.
Supp.No.34 1631
time
§ 706.00 EDGEWATER CODE
(h) Electric or electrified fences shall be prohibited.
(i) Customary fencing around public recreational amenities
shall be exempt from height restrictions.(Ord.No.924,§ 1,
5-22-75; Ord.No. 89-0-16, § 1, 7-17-89; Ord. No. 90-0-16, §
1, 5-7-90; Ord. No. 92-0-20, Pt. B, 12-21-92)
Sec. 707.00. Accessory buildings,utility sheds and detached
garages.
No accessory building shall be erected in any required yard and
no detached accessory building shall be erected within five(5)feet
of any other building.All utility sheds shall be erected no closer
than five(5) feet from any lot line.All detached garages shall be
erected to meet the required setback as required in the zoning
district where the garage is to be erected. Storage sheds of more
than one hundred twenty (120) square feet shall conform to the
detached garage requirements of that zoning district and that
there be no more than one shed per residence. (Ord. No. 80-0-77,
§ 1, 10-27-80; Ord. No. 87-0-8, § 1, 4-6-87)
Sec. 708.00. Erection of more than one principal structure
on a lot.
In any district,more than one structure housing a permitted or
permitted principal use may be erected on a single lot, provided
that yard and other requirements of this ordinance shall be met
for each structure as though it were on an individual lot.
Sec. 709.00. Exceptions to height regulations.
The height limitations contained in the schedule of district reg-
ulations do not apply to spires,belfries, cupolas, antennas, water
tanks, ventilators, chimneys or other appurtenances usually re-
quired to be placed above the roof level and not intended for
human occupancy.
Sec. 710.00. Structures to have access.
Every building hereafter erected or moved shall be on a lot
adjacent to a public street, or with access to an approved street,
and all structures shall be so located on lots as to provide safe and
Supp.No.34 1632
•
ir✓ `r✓
SUGGESTED CRS PROCEDURES FOR APPEAL
OF ADMINISTRATIVE ACTION
Generally
1 . Before making factual statements or factual representations,
each speaker shall take the following oath or affirmation to be
administered by the Secretary:
Do you swear or affirm that the
factual statements and
representations which you are about
to give to this Board are the truth,
the full truth, and nothing but the
truth?
2. Speakers addressing the Board, including Staff, should identify
any educational, occupational and other experience which they
possess which would be relevant to the matter under consideration.
3. After completion of a presentation by any speaker, the Board,
Staff, or any party shall have the opportunity to ask questions or
seek clarification from the speaker. Such requests shall be made
through the Chairman.
4 . Any documentation presented to the Board shall be offered into
the record by submitting a copy of the document to the Secretary
who shall keep the documents as part of the record of the
proceeding. The Staff report with all attachments shall be deemed
part of the record as well as copies of all notices.
5. The Board' s decision must be based on competent substantial
evidence defined as evidence a reasonable mind would accept to
support a conclusion. This includes the testimony of qualified
witnesses as opposed to the opinions and objections of interested
parties. In determining what constitutes competent substantial
evidence, the Board must determine the facts and not merely poll
interested parties. Accordingly, general public commentary and the
presentation of petitions would not give sufficient basis for a
decision.
Procedures
1. Public hearing opened after announcement of issue before the
Board.
2. Staff shall make the initial presentation regarding the item
under consideration. After completion of the presentation, the
Board may ask Staff questions. Then, any party may ask questions
or seek clarification from Staff through a request to the Chairman.
3 . The property owner shall next be allowed the opportunity to
make a presentation to the Board. After completion of the
presentation, the Board may make ask the property owner questions.
Then, Staff may ask questions or seek clarification from the
property owner through a request to the Chairman.
4 . Staff shall be allowed an opportunity for response to the
presentation by the property owner.
5. The property owner shall be given a final opportunity to rebut
comments made by Staff.
6. Public hearing closed.
7 . The Board shall have a final opportunity to comment or ask
questions of Staff or the property owner.
8. The Board decision shall follow.
CRB\Procedures
07/18/97
GEW4)
; � HE CITY OF ED EWATFR
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
OS A,T4 LITY G
MEMORANDUM
TO: Construction Regulation Board Members
FROM: Robert A. Dunn, Building Official ,a
DATE: July 28, 1997
SUBJECT: Doug Molstre and Carol Dunn, 101 Park Place
Please be advised the Building Division issued a fence permit to
Mr. Molstre at 101 Park Place on May 13, 1997 . After continued
meetings with Mr. Molstre prior to issuing the fence permit we felt
confident that all issue's had been resolved. Well that was not
the case, Mr. Molstre was found constructing the concrete block
fence higher than permitted on June 23, 1997 .
Immediately after a few concrete blocks were placed higher than the
6 ' maximum permitted, I went across the street and spoke to Mr.
Molstre. During our conversation Mr. Molstre stated he was
planning to construct the concrete block fence at least 9 ' to 10 '
above the existing grade. Therefore I advised Mr. Molstre he was
permitted to build the block fence 6' above the established grade
or I would immediately put a stop work order on the job.
Mr. Molstre decided not to construct the fence higher than 6 ' until
he could appeal my decision. Mr. Molstre felt we should allow him
to violate the city ordinance requirements because of the street
noise and car lights shinning into his new bedroom window. He also
felt that we should consider a higher grade he had established on
his side of the wall. When I inspected his lot at the new gate
location, I found his properties grade exactly the same height as
the sidewalk on the other side which is in the public right-of-way.
RAD:tle
h:\tonya\crb\corresp\101park.bob
�-- RECEIVED
JUN 2 7 1997
CONSTRUCTION REGULATION BOARD
BLDG. DIVISION
{{��,„,,�� �� HEARING REQUEST /
Name: boL) ,S rnOLS 7'-ie, Date: 6/ 02-6 /97
Please attach additional pages if unable to complete statements on form supplied
Location of property by street address or legal description:
/0 1 PAK1_ p D6-EW/tr42_ FL
Specific section or order being appealed:
t uEL A-r &olf/CIf MMoutD GE ntE/osuk ,y,
Statement/I'lc)t.'Sr g- -- /6o% c 1&gn1(f
c4 - buuN• - WIFE-
Statement detailing the issues on which the appellant desires to be
heard:
1-1 Er -H7r OF L( , - -SHOJGD 86 F:EbT Ni -'f F726/71
,r,)f P.oP 2rV 64.6 kVD
Legal i ature oE ).X.e n llants:
O1 �j"/e
Official mailing address:
/OI Pritkrc p1-,I-c E F 06 c -r,EI2 FL- 32132.
Fee's: Appellant is required to pay any applicable advertising
cost§. Prior to advertizement being published, appellant will be
notified of cost and all fee's shall be paid before the
advertizement is published.
city of Edgewater
Department of Community Development, Building Division
P 0 Box 100, Edgewater, FL 32132-0100
(904)424-2411
h:\tonya\crb\hearing
ESA ` ,f
T
CITY OF EDGEWATER
JIR�� i P. 0. BOX 100
EDGEWATER. FLORIDA 32132
(904 )424-2411
lJ
O.4ALIT�
FENCE PERMIT
PERMIT #: 97-00782 DATE: 05-13-07
PARCEL #: 7452-14-00-0740
PROJECT ADDRESS: 101 PARK PL
OWNER NAME: MOLSTRE DOUGLAS _' < ' 1 PAID 1
CONTRACTOR: OWNER/BUILDER " �� Y MAY 4 1997
F CASHIER 9
LICENSE: N/A ` . PHONE: ( ) -
****►[** (-******************at**************+F*****1f**+f*****+ *******+ ********
WORK. DESCRIPT ION:
CONSTRUCT 4 ' "& 6 ' CONCRETE BLOCK PRIVACY/NOISE
REDUCTION WALL/FENCE - 80 LF (6' ) & 120 LF (4 ' )
*****4*******************************************************************
VALUATION: 2400.00 26 PERMIT FEE 23.00
*+ ********************. ** ***+ ** ****************************************
SPECIAL CONDITIONS:
***** ****'**************************************************************
ALL FENS MUST CONFORM TO THE SIGHT TRIANGLE REQUIREMENTS. FENCES
SHALL NOfi BE LOCATED IN ANY EASEMENTS. FENCES LOCATED ON COMMERCIAL
PROPERTY ABUTTING RESIDENTIAL PROPERTY OR ARIGHT OF WAY MUST HAVE
THE FINISHED SIDE FACING OUTWARD.
**************+ **********************************************************
* * * * * N 0 T I C E * * * * *
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED
IS NOT COMMENCED WITHIN 6 MONTHS. OR IF CONSTRUCTION IS SUSPENDED OR
ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED.
*****************************+ *******************************************
(APPRO L Q BY ) DATE
INSPECTIONS
gym. *me
CITY OF EDGEWATER - - - 1 ' ' ' _ . L
FENCE PERMIT APPLICATION
/f� Y PLEASE. PRINT Q •
DATE: /no / �'2 t �� PERMIT NO. l 700 0
Owners Name: 1)006-145 No LSTiP. Phone # 4/..28%56616
Construction Address: /D/ PMi'K Pt
Parcel # 7Z/.Sa - 11/ - D O --0 7 y4
Contractors Name: 5,4P1 Comp .#
Address: Phone #
Type of Fence: C'owV-A07E /Loc.< -- Pia VJ4 CZ/ /-/hblsF- Repeal/oic/
Total linear footage: 2OO height: I/°'7,4 fT
Estimated Cost: $ Z IO0 co
Application is hereby made to obtain a permit to do the work and installations
as indicated. I certify that no work or installation has commenced prior.to the
issuance of a permit and that all work will be performed to meet the standards
of all laws regulating construction in this jurisdiction.
OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and
that all work will be done in compliance with all applicable laws regulating
construction and zoning.
Contractors Signature/Da :
Owners Signature/Date: /► 1
NOTARIZATION - ONLY IF ESTIMATED COST OVER $2,500.00
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN
YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE
OF COMMENCEMENT.
Before me this day appeared - ' who being
duly sworn, deposes and days that the above information is true and correct.
CONTRACTORS/OWNERS SIGNATURE
SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 19 .
MY COMMISSION EXPIRES:
NOTARY PUBLIC •
STATE OF
COUNTY OF .
•
APPROVED BY: 4.42/.. 62"-27 5-' DATE: J '1-4 / 7
DEPARTMENT OF COMMUNITY DEVELOPMENT, BUILDING DIVISION
(904)424-2411, FAX (904)424-2423
Rev. 09/96
H:\TONYA\FORMS\FENCE`.96
•
•
•
��� `�
,4 . • • b
m z O -._I- o
n - —4-4-- -- Z e y
a
tn
a Z
i (s-I-.1`7 i. (N ,I,
cn r ! ,
_ y(3\
crk
w
'�
tA 6% y
S (t'
z
n _
c A
m S
ooe 4a i` r.
g G► U 14 O■
•
1
•
--a '
0. I ' vI
Q. --
1 -k
O. p
c
3
--c ,z, _ F 2 ("‘ ull -1---
m ... ehR 20 7?--)
- 1) o I —o !A E o 1 pi
0 \ 7) T i N
1 t 1 lul.,L04
c9t) , 1- : 'SI"100 1
NG .g0y5/4/Y 1
1�
•
y i
PLAT OF BOUNDARY SURVEY OF
Lots 73B 73C, and tt?�$ N6rt 111 feet of Lot 73k, the R rth 64- o t 74,Par(
to :feet of ;LOt�•''5 of Ferna ?d: Chac,diti c t, accord
(no North at 17ti Bout• r R s
Florida) in Section 52, Flori
(now .Bd f recd. L. 9e 1,92 of the 8ecer+ of Y s '�'<.-
t0 111 ` *;(*4„ Y1 M4 $ 4a pa q, rye. r r s.
ri� i rights apertain�ing theretOY i .
toget�ieic with Par
SURY�E Ns NOTES
i •. ,iiQn r.:cli0; r.2. 'k ''t' `� '_n. :,} Pi 4111'141t it o y traatt:
3. 'Ch3s"nrs F -P �$ 1 ► act. E
4. SubAeet tb; r a � s; t se
twat ;` , limitations, f.;s1t of
May$� i� � , . .
1 Q Qf reC0rd
_utilities and feats not 1°aat ' E_-
5. �� i ; '' � •Statue:a€ypt dQterAdtie�t--#fir t
f' r
7. ',Abp r' a r Sri .d r l s- within Rive Sit a Pi :v
7. A i*To` the�Y � d Esc bed P Pe r
: ' �+xr 1 advice f
tb seak
8.
�' ' ;3s ._in Flood Zones A5, elevation 8' • and Zone B per FIRM_1 a- 0001
dated 9/3/80.
CERTIFIED TO: CHELSEA TITLE CO.
•
--
•
t }.
-. f RK. AV IUE. (50' R U)
qt'S ASR4.flu/.T -
243:00<(PLATS " --
/ m,
V. / o:
r J�d7y
: lob, , e�v�wp,voGv
7
t.
r ? , ri ''r. `
1 l
,r,.R+l :.•rC :r•�.' . ;(.,4.:-.',..t.tM 99.rr(��. +. �7i'
,, .. t ,:�'. r`1! YF {Ae.. w 1'?^t 4W.,l °�S' "!_ 1.., l" 1"] !'?4�r , ( * :...,6••, •'� '; �, Yj�'+f;�+:• �}'�
�'{R, n i�'"Rr{ 1� ��� ¢�(,',01,,,","'",7!‘''',✓ I �} l {, [�.�� ���J (///1yy1���y�`��J���),1^`^J�1 V
A,r' C4�/• 4. 4� '^ (.11 r . /f N.. �y i 4.. :�A° ::74.'"1Y, .o I, f MI M.�cTt 'l ( .IVI ,•tlig J1 4.Y..
`^` Kqa,..-'4.. ..1..;,, 7:'
[d l : +,. .. J 7' 'g �7 :., 1,...(((___ c fir. -ti- -,,,, ',. _ y) r•
?y;i�.F Y r +�,� e � 4 .:7� �� � ' 9 3' *1;..`01;,,,44+% w .F 1..5 � � i:� ay Y � �? <.•:• '.',,-1{,Y r—.'-•t ,..%,_j..,•'7.r6rK �r,e 1 t/,:' ,1,%'." {• , J '.w`kp .'c { i .air -.s s ni ?:1 t- ff, t•
trx t.".1 AWdT dt � r� Y` ',',1':.a.1717 s, Mdy i. 1�, ,t .ytf>�#
r�{ f�l°-•ate y n' �« .r 1* '�.° k It 's .'1717 } t'k� ,,,.'h} .rt"y
"•!-,C •s R q.•` t Y` rye,y -; ` ,,: `4:' ♦ ,v .a}, ,1, ,t,!''v i,':' 1717
••> r 4 ,t i ; S x�N! f i• ?s-�J �16i7C�,,..0Q'Y5'9 `_ Cd>.Lt
•.,,ate .ilf " j1"-n ti' �� '�,sZ �r • �+ d �� �h11S]
� s F Y` � •
Yr p f _
� sb,bbd..,...
r ,x •
—
t1�
R. O s
{
n,-
4=K.1
R1:, k
,' _,,. Z `-1 'tiw +g. R•- • ..1 ry,"'�r.�"'-1t. ....-�- �'z, .lM•+M 4.:•.� -- 1F::. ..•
.ii.`'.. 9riw}',y
,f
j } V CC)
r
}[, Q m
,t I i
y n•
t
{ n �`-.y.• .. ,. i 't` •., , .lfp.7790..115 = - •7,al '0 .1717
4,v. • *,' . , .4 7. .... 1.3
'17-,-+, .` a f ,
O1 9a icx
tr) 1�,, r-
."77.4. ""' \ vi
0 i. , \t
fa
\14 '-
ie.>•Y 1' ' 3 I ),.. 4 \
"'"1. ,}y l'j ca 1
- i• 1 g(f* u k9 .
,f;..: g ‘,...,4 ..... 1.
4l> r i tX \ - v t.
44.1, Ir •..04.71 .wii(., bL
i
n'I, liK b=L
I VE,ri _
. ti'u 1
•
'I4 P;; J . p .SL -
d
• 9
.. • { .. 4St S. r ,�i•'.r'r{�
!, rJ
... .. {, ...y •_ .ham: _ ;;t� :�1�• .•
G //VE/ S"/D Dk
4 - -- ---------_- ' --- - --
, 'A-ti 10 I . bo -- -
1 sU 0 q ( 6 -e'l 11
� 0 4 J v 0-
) cii id t ° .3 ri ali._
Ce t k‘f0 rY
I- . ,
i i ,--' i 'I Ill a Q
.k . pr.'► —�
�, 1 z
•
1n %.► -;
1 j,_____. ,.. 9 _ . . . '1 ° i
i. 1- x ?
y A`
°
\ Q �' J \' 4e0 O
,..,__— w A`
S
1 1111 Q)
t liA
a
‘5 i ; . ' . , '' to
i
o
�
i 4‘ ( ------- fif
\ 10'4,- _-. F-
4
',,..t -7)6/71/j42 )/diblif. -- .
Noe
RECEIVED
INTER-OFFICE MEMORANDUM
JUL 3 01997
EDGEWATER, FLORIDA B(,DG, DIVISION
TO: Tonya Elliot, Staff Assistant
FROM: Krista A. Storey, City Attorney
C.A. NO. : 97-168
DATE: July 30, 1997
SUBJECT: CRB Order - Molstre and Dunn
Attached is the proposed Order in reference to the Molstre/Dunn
appeal for review by Mark and Bob. If it is acceptable, please
have Mr. Corhern sign the document. Please return the original
signed Order to me, mail a copy to the appellants and keep one for
your file.
Thanks for your assistance.
KAS
Attachment
CITY OF EDGEWATER
CONSTRUCTION REGULATION BOARD
ORDER REGARDING APPEAL OF
DOUGLAS MOLSTRE AND CAROL DUNN
THIS CAUSE came on for a Hearing before the City of Edgewater
Construction Regulation Board on July 29, 1997, pursuant to an
appeal by Douglas Molstre and Carol Dunn, and the Board having
heard testimony under oath, received evidence, and heard argument
of counsel (if any) , thereupon issues its Order as follows:
The decision by the Building Official in reference to the
grade applicable to a determination of fence height on the property
located at 101 Park Place, Edgewater, is upheld except as to the
following: As to the west thirty (30) feet, the fence shall be
erected four (4) feet above the property owners' grade. For the
next fifty-five (55) feet four (4) inches east to the gate or
opening, the fence height must be staggered to achieve a height of
six (6) feet above the property owners' grade. East of the gate or
opening for a distance of one hundred and five (105) feet, the
fence shall be staggered to achieve a height of six (6) feet above
the grade of the sidewalk.
Pursuant to Section 903.08 of the Land Development Code of the
City of Edgewater, Florida, any person aggrieved by a decision of
the Construction Regulation Board may appeal such decision to the
City Council by filing a written request with the City Manager
within thirty days after rendition of the decision by the Board.
DONE AND ORDERED this 61 day of '1(-1/4 , 1997 .
ATTEST: CITY OF EDGEWATER
CONST-U ON REGULATION BOARD
By: /
Tonya Elliot Sid Corhern
Secretary Vice Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
Kri to A. Storey /
City Attorney
I HEREBY CERTIFY that a true and correct copy of the foregoing
Order has been furnished by mail to:
Douglas Molstre and Carol Dunn
101 Park Place
Edgewater, FL 32132
) (1) jr
Tonya Elliot
Secretary
CRBIOrder Molstre