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11-12-1981 . / v o CITY OF EDGEWATER BOARD OF ADJUSTMENT PUBLIC HEARING November 12, 1981 Chairman Millard called the Public Hearing of the Board of Adjustment to order at 7:10PM in the City Hall conference room. ROLL CALL Members present: Chairman Millard, Mr. Roush, Mrs. Martin, Mrs. Walker, Mr. Newell. Also present: Mr. Vanzin, Mr. Ogden, Mr. Warren (Mr. Ogden's business partner) . Chairman Millard opened the hearing by explaining the purpose of the Board. They are required by law to listen to the applicant and weigh the rights of the applicant with the rights of the community. CASE NO. 1 Mr. Vanzin is requesting a five foot rear setback variance for a residence at 107 Carlson Cove. Chairman Millard verified that the property wasposted'r the legal ad and certified letters were mailed out to adjoining property owners. The secretary read a letter from an adjoining property owner, Mr. Sch~ck. It stated that he had no adversion to the variance on Mr. Vanzin's house. Mr. Vanzin described the map of the proposed house. He explained that because he has to raise the floor elevation of the house up to the eight foot flood level, his driveway would be too steep and there would be a problem with water run off. By moving the house back five feet, it would lessen the steepness of the driveway. It would also prevent water run off into the adjoining property. He explained that the stakes on the property now were the original layout and that he had since changed his mind. At this time, Chairman Millard placed the applicant under oath. Mr. Roush noted that the new layout would put the house 20 feet from the utility pole on the west side, rather than 10 feet on the origi- nal plan. This would be an additional positive feature to the variance. There was some discussion of high tides, the elevation of the house, and water run off from the property. Mr. Newell wondered if a culvert wouldn't be necessary. Chairman Millard said he saw no objection to granting the variance since the house would not be blocking anyone's view. Upon roll call vote, it CARRIED 5-0 to grant the variance. ~ (.) u CASE NO. 2 Mr. Ogden is requesting a special exception to conduct a transmission business at 1947 West Park Avenue, which is zoned 1-1. Chairman Millard placed the applicant under oath. He verified that the property was posted, the legal ad and certified letters were mailed out. Chairman Millard asked the applicant if the residents of the wildwood Subdivision were aware of this application. Mr. Ogden replied that he had the notice up and that several people had corne over to him for service. He said that he had been in operation almost a month. The secretary read the letter from the Zoning and Planning Board recommending that the Board of Adjustment grant a special exception to Mr. Ogden. The Board discussed special exceptions to the 1-1 zoning. It was pointed out that anything listed as a permitted use in zones B-2 through B-6 could be a special exception for 1-1. Under B-3 zoning automotive service centers, and automotive electrical repairs are allowed. Under B-2 zoning, automobile tune-ups are allowed. Chairman Millard asked Mr. Ogden if he had a business license. Mr. Ogden replied that he did not. Chairman Millard stated he thought there was enough wording in the zoning ordinances to justify their acceptance of the Zoning and Planning Board's recommendation. He said that he felt this fell under Article IX, Sec. 900 (c), that calls for the Board to interpret the zoning ordinance. There were some further questions from the Board members, and Mr. Ogden descrlbed basically what his business does. The Board deter- mined that cars are not worked on in front of the business, and that there will not be any unusual hazardous work going on, such as welding. Mr. Ogden explained that the only thing sitting outside would be an occasional garbage truck, but that they womld be parked in the rear. Mr. Newell moved to grant the special exception to Mr. Ogden, seconded by Chairman Millard. Chairman Millard explained that this Board does not usua~ly make motions; he would prefer it stated differently. He also wanted to make two conditions. The first condition was that Mr. Ogden plant a buffer zone in front of the entire business between it and the Wildwood Subdivision. The second condition would be that any cars left there to be worked on would be either inside or parked in the rear of the business. Board of Adjustment Public Hearing 11/12/81 -2- . . u ~ Mr. Ogden agreed with both conditions. He said that he was pillanning some landscaping anyway. Chairman Millard said the Building Official, Charlie Murphy, would advise him as to what to plant as a buffer strip. Chairman Millard stated that he should be granted the special excep- tion with the two conditions as stated; further, that he will have planted the buffer strip within a month. Upon roll call vote, the motion CARRIED 5-0. Chairman Millard closed the Public Hearing. REGULAR MEETING APPROVAL OF MINUTES There were no objections or corrections to the minutes. Minutes adopted. OTHER BUSINESS Chairman Millard asked the secretary to check with the City Attorney on the revisions of the ordinances concerning the Board of Adjustment. There was no further business. Meeting adjourned. 7:55PM. Minutes submitted by: Cecelia Moore Debbie Sigler Board of Adjustment Public Hearing/Regular Meeting 11/12/81 -3-