07-28-1981
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CITY OF EDGEWATER
BOARD OF ADJUSTMENT PUBLIC HEARING
July 28, 1981
Chairman Millard called the Public Hearing of the Board of
Adjustment to order at 7:00 P.M. in the City Hall conference
room.
ROLL CALL
Also Present:
Mr. Millard
Mr. Wetzel
Mrs. Martin
Mrs. Walker
Mr. Butt
Mr. Newell
Mr. Roush
Mr. and Mrs. Magistris
Mr. Vanzin
Mr. and Mrs. Baker
Mr. Kroman
Mr. Wilbur
Present
Excused
Present
Gy..,cu>;ed Aboont
Present
Present
Present
Chairman Millard opened the public hearing by explaining that
the purpose of the Board of Adjustment is to protect the rights
of the applicant and the rights of the community as set out in
the Zoning laws.
CASE NO. 1
Mr. Arnolfo Magistris is requesting a variance in order to
enclose an existing porch on his property at 136 West Con-
necticut Avenue.
Chairman Millard issued an oath to the first applicant,
Mr. Magistris. Mr. Magistris verified that he had posted
the sign furnished to him. It was verified that the legal
ad and certified letters were mailed out to adjoining property
owners.
Mr. Roush asked what type of enclosure is going to be put up.
Mr. Magistris stated that it would be concrete block and there
would be a window.
Mr. Butt asked Mr. Magistris if he owned the property.
Mr. Magistris stated that he does own the property, presently
he is renting to someone.
Mr. Newell asked if this enclosure would extend any farther
than the patio that is now there?
Mr. Magistris stated that it will not extend farther.
Chairman Millard stated that he sees no objections to granting
this. He asked the audience for any objections. There were
none. He verified that all of the board members have reviewed
the criteria (Section 904.01) and that they find this complies
with the criteria.
Chairman Millard stated that the board will be voting that
there are no objections according to the established criteria,
that they find this to be a reasonable variance to grant and
that there are no objections from the abutting property owners.
Upon roll call vote, it CARRIED 5-0 to grant Mr. Magistris this
variance.
Chairman Millard explained to Mr. Magistris he will be receiving
a letter from the board and that this variance will be nullified
after one year. The building official is to receive a copy of
the letter.
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CASE NO. 2
Mr. Fred Vanzin is requesting two, five-foot rear setback
variances on the lots located on Wolf's Driftwood Circle.
Chairman Millard issued the oath to Mr. Vanzin.
Chairman Millard asked Mr. Vanzin how long he owned the
property.
Mr. Vanzin stated that he purchased the property in January
of 1981. He is going to build on these lots in order to sell
or rent.
Chairman Millard verified that the legal ad and certified letters
were mailed out to adjoining property owners.
Mr. Butt questioned whether Mr. Vanzin is planning to cut down
the large oak trees on the lots.
Mr. Vanzin stated that this is the reason he is requesting the
variances; he does not want to destroy the trees.
Chairman Millard questioned whether Mr. Vanzin was aware of the
off-street parking requirements.
There was a lengthy discussion in regard to Mr. Vanzin being
able to comply with the parking requirements. Chairman Millard
suggested that this be tabled until the board is shown drawings
which include parking areas for both of the residents.
Mr. Vanzin stated that there would be no problem in meeting
these requirements. He could bring the drawings in within
a few days.
Mr. Kroman, an adjoining property owner, spoke to the board
that he has no objections as long as no one is going to come
closer to thirty feet from the front lot line of these pieces
of property.
There was more discussion at this time about the parking.
Mr. Vanzin again stated that he will comply with all of the
other requirements as long as he is allowed the five extra
feet in the rear.
Mr. Kroman asked questions regarding the easement and/or
dedicated road. Chairman Millard explained to him that this
is not a matter for the board. He may want to discuss it
further with the City Attorney.
Mr. Butt asked Mr. Vanzin if he would include in his drawings
the layout of both properties, the trees, the structures, as
well as the parking spaces.
Chairman Millard stated that the vote will be taken to table
this case until next month, provided Mr. Vanzin brings in a
drawing.
Upon roll call vote it CARRIED 5-0.
It was explained that advertisement and notification to the
property owners will not be necessary again. The next meeting,
at which this case will be discussed, will be held at the same
place and time, August 25, 1981.
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REGULAR MEETING
APPROVAL OF MINUTES
Mrs. Martin made a motion to approve the minutes, being
seconded by Mr. Roush. Chairman Millard declared the
minutes adopted.
OTHER BUSINESS
Chairman Millard called the board members' attention to the
Rules and Regulations which were retyped. He stated that it
is up to the board whether they wish to sign these rules now
or take them home and make any changes to bring back to the
next board meeting.
There was some discussion among the board members, then it was
agreed to signfue Rules and Regulations.
Chairman Millard called the board members' attention to the
copy of the proposed Ordinance regarding the Board of Adjust-
ment. He explained that he is meeting with the City Attorney
and they are going to discuss some changes that he would like
to see made. All the board members should read this over and
if they have any changes or questions, they can discuss this
at the next meeting, or phone the City Attorney.
There being no further business to come before the board, the
meeting adjourned, 8:15 P.M.
Minutes submitted by:
Debbie Sigler
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