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04-22-1981 o o. CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING April 22, 1981 Prior to opening of the meeting, City Attorney Henderson explained that the board is under new procedures and the members need to be sworn in. He stated the proper procedure will be to first call the meeting to order and establish the presence of a quorum. Chairman Martin called the Public Hearing to order. ROLL CALL Mrs. Martin Mr. Sloan Mrs. Walker Mr. Butt Mr. Newell Mr. Millard Mr. Wetzel Present Absent Present Present Present Present Present Also Present: Attorney Henderson Recording Secretary Mr. White Mrs. Fillo Mrs. Murphy Mr. Opal Mr. Wharton Attorney Henderson stated that since this is a new Board of Adjustment and the City Council has adopted the Comprehensive Plan, we are now operating directly under State Statutes rather than the Code of Ordinances which we were previously operating under. We are operating under the procedures of 163 Florida Statutes, making this a quasi judicial board. The decisions of this board will be reported to the City Council, however the decisions made here will be final. According to State Law, all officers have to be sworn in. The Oath of Office was administered by the City Attorney to the entire Board of Adjustment membership. Mr. Millard suggested that the election of officers be held at this time. City Attorney Henderson read the provisions of the law in accordance with the officers to be elected by .the members. These offices will be for terms of one year, with the privilege of re-election.at that time. Mr. Millard nominated Mr. Wetzel as Vice Chairman, being seconded by Mr. Butt. Mr. Butt nominated Mr. Millard as Chairman, being seconded by Mr. Newell. Mrs. Walker nominated Mrs. Martin as Chairman, being seconded by Mr. Butt. Mr. Wetzel made a motion to close the nominations, being seconded by Mr. Butt. Upon roll call vote the motion CARRIED 6-0. Roll call was taken on the nomination of Mr. Millard as Chairman. The motion CARRIED 5-1. Mrs. Walker voting NO~ Chairman Millard asked if .therewere any further nominations for Vice Chairman. He reiterated his nomination ~or Mr. Wetzel, being seconded by Mr. Butt. o o. There were no further nominations. Roll call vote was taken on the nomination of Mr. Wetzel as Vice Chairman. The motion CARRIED 6-0. I I . I Th~re was discussion in regard to the office of secretary. It was decided that Chairman Millard would speak with the City Clerk about this before a decision is made. Chairman Millard declared that there was no further election business to be taken care of, therefore the Public Hearing of March 25th was reconvened. The Clerk verified that the applicant is present at this hearing, and that the names of the audience is available: Mr. White, 210 North Riverside Drive Mrs. Fillo,'2l6 North Riverside Drive Mrs. Murphy, 230 North Riverside. Driv~ Mr. Opal, 2002 Pine Tree Drive Mr. Wharton, 1531 South Riverside Drive Attorney Henderson informed the board of some new information that he received from Mr. White's attorney. He explained that what we are dealing with is actually two parcels of property. There was lengthy discussion in regard to the dates and descrip- tions on the documents pLesented to the board members and the attorney. It was still confusing as to whether this parcel was split into two pieces and whether it remained separate. Mrs. Murphy questioned the posting of the property. She stated that thi notice that is posted has a February date nn it for the hearing. She feels that the notice should have been updated. It was explained that the first meeting was held in February and each time this was reconvened it was stated when the rescheduled meeting would be. It was also confirmed that certified notices were sent to all the adjoining property owners each time a new hearing was scheduled. The notifications have been handled properly within the requirements of the law. Attorney Henderson recommended to the board that this issue should be considered, however he is satisfied that the board can not legally be in a position to grant a variance to. one half of a parcel. This is one issue,. there a~e other criteria to be con- sidered in regard to the variance request. Chairman Millard explained that 100 foot width has been the minimum front footage for homes to be built along Riverside Drive since the passage of Ordinance 880 in 1974. .If someone owned smaller lots, they were allowed to .build on their lots under the grandfather tradition, however the fact that other homes may be built on narrow lots, does nnt give anyone the right to build on less than a 100 foot lot after the ordinance was passed. He went over the circumstances of this particular case; Mr. White purchased this property in 1977, it is 75 feet wide and extends across Riverside Drive. He is now asking to have the riparian rights land on the east side of Riverside Drive determined to be a buildable lot. He explained, for Mr. White's benefit, that in order to be grante~ a variance, he must show undue hardship and that the hardship is not of - his own doing. Hardship can not be financial gain. A special privilege should not be. granted to him that others would be denied. Attorney Henderson read from the Statute. The board members went over the criteria, discussing each point individually. -2- Bd. of Adjustment 4-22-81 o o Chairman Millard stated that the point of the RIA zoning regulation was to preserve the integrity of this prime .'area within the City. He added that this is an irregular piece of land; he figures the square foot area at about 8,200 feet. Chairman Millard stated that he does not see any way Mr. White is meeting any of the cirteria for granting a variance. Mr. White stated that he knows of other houses that have been built on lots smaller than this one. Mrs. Murphy stated that it should be taken into consideration whether Mr. White, as other Riverside residents, was getting a tax cut on that piece of property because ii was listed with the tax assessor's records as an unbuildable lot. Mr. White explained that he is finding it difficult to meet the standard of living, they are seeking a larger home. He has a willing buyer who wants to purchase, the entire property, not just the part on the east side of Riverside Drive. This man has stated that he will meet all of the building requirements if ,he was to build a house and he feels that any house that this gentleman may build would be an asset to the community. Mrs. Fillo spoke to the board in objection to this variance. She stated that she feels the natural resources should be pre- served. If a house was built there it would block her view of the river and also it would set a precedent for other buildings to go up all the way along Riverside Drive. Mr. Opal questioned the hardship involved in this case. Mrs. Murphy stated that she will agree with Mr. White that other houses have been built on lots smaller than 100 feet, however she does not feel that more buildings should go up on that side of Riverside Drive and block more of the view of the river. Mr. White pointed out his property on the map for the board members. He explained that the only view a house on this particular property 'would block, would be the island that 1S behind it. He added that he is not trying to infringe on anyone. Mrs. Martin stated that the Board of Adjustments is here to adjust any hardships that a landowner has. She feels that this goes beyond that. He is creating the hardship himself. Chairman Millard stated that this board's job is to balance the needs and wants of the applicant against the zoning law established by the entire City. There have to be valid grounds. Attorney Henderson reminded the board members that their job 1S to apply the six standards which we ,are locked into. Chairman Millard stated that he has to challange the attorney at this point. The purpose of this board is to show mercy and grant release from laws that are unduly restrictive. We are not to apply strict law; no case can meet everyone of the criteria. Chairman Millard stated that it will be his procedure that all of the board members will be encouraged to speak as long as - they wish; then he will phrase the issue and roll will be called. Mr. Newell questioned the other houses built on Riverside Drive. Mr. White questioned a particular house built on a fifty foot lot. -3- Bd. of Adjustment 4-22-81 o o Chairman Millard stated that this is irrelevant, because p~ior violations do not justify another one. - -Attorney Henderson stated that this is true, each case shouldbe considered on it's own merits. This board is not bound by any precedent that may have been set by a prior board's decision. Chairman Millard went back to the two parcel question. He asked the attorney if the board should rule that they are, in fact, basing their decision on one parcel of land east of Riverside Drive, in the event the decision that is made by the board causes Mr. White to take this to court. Attorney Henderson stated that the situation -has been examined as a whole. As to the question, whether thi~ is one parcel or two, the board is only concerning itself with that part east of Riverside Drive. Mr. Wetzel stated that he went down and looked over the property. He feels that it is a rather small lot to build on. Mr. Butt stated that denying this request would be going along . with what the ordinances read. It is.unfortunate that someone~ will suffer, however someone will, one way or the other. Mr. Newell stated that he has no further comments. Mrs. Martin stated again that she does not feel there is a hardship. Mrs. Walker stated that she does not even feel that there will be a problem for Mr. White selling the house. Chairman Millard phrased the issue: The issue is really not whether we say this is one parcel or two parcels, we each have .our own view on this. Even if it is a parcel on the e.ast side, it does not meet the minimum standards. There has been no showing of unnecessary hardship. He can find nothing in the articles that we have been accustomed to going by which would apply. When the roll is called, you will be voting yes to grant the variance, no to deny it. Think only of the land on the east. side with the information presented to us by the applicant and relying upon the veracity and the truthfulness of all evidence presented to us by Mr. White and his attorney. Upon roll call vote the variance request was DENIED. Q-Yes 6-No. It was stated to Mr. White that he will receive a copy of the minutes of this meeting. Attorney Henderson stated that written findings should be made available for the file, and this should be reported to the Council. At this time a short recess was taken. -4- Bd. of Adjustment 4-22-81 o o Chairman Millard called the regular board m~eting to order. The original roll call is val,id. City Attorney Henderson explained that we are in a transitional period because of the a~option of the Comprehensive Plan. We are following the State Statutes until we have our Code amended properly.' He read the section of the plan in regard to the aesthetics of the Riverside Drive area. The board members looked over their copies of the Comprehensive Plan. Attorney Henderson read from the Statutes the section under Powers and Duties of the Board of Adjustment. Appeals of decisions made by officials of the City, special exceptions and variances are all handled by this board. Chairman Millard stated that the board's duties are investigative. Every board member should always investigate the situations of each case. He explained that the board members can go out together to look over the cases as long as a clerk goes along to transcribe minutes. There was discussion of the Sunshine Law. It was explained by the attorney that board members can talk with each other, there is a violation only when two or more members start to discuss anything that would possibly come before the board for action. It was pointed out that the board does not necessarily have to make a decision at the Public Hearing, the case ca~ be rescheduled until a later date, if the members feel they need more time. Mr. Wharton was given the floor. He explained the situation and showed the board members his drawing of the construction taking place next door to his residence. It was determined that this has come before this board previously. It was brought to Mr. Murphy, Building Of~icial of the City. There is a letter in the file from Mr. Murphy to the individual and a response that this is not a duplex, just an additional room to his own family dwelling. There was further discussion with Mr. Wharton about this. It was . decided that a board member '&hould ~peak ,to Mr. Murphy, and make an appointment to go out 'with ,him toinspect.this property. The results of this investigation will be brought back to the board at our next meeting. Mr. Wetzel agreed to be the committee of one to inspect this situation. Chairman Millard went over the Financial Disclosure forms with the board m~mbers. Attorney Henderson explained the Conflict of Interest forms. He stated that every bo~rd member will' have to vote on every case, however if you feel that there is a conflict you file 'this form which will become part of the record. Chairman Millard asked Attorney Henderson if he is a member of the board. Attorney Henderson expl,ained that he has been attending most oL the board meetings, basically until everything is organized. However, since the decisions of this board are now final and only repealable in Circuit Court, he will be present any time he feels a conflict may arise. -5- Bd. of Adjustment 4~22-81 , . f o ~ o Chairman Millard suggested that he go over the rules and separate the rules in regard to the way to handle the audience and each case from the guidelines which we should go by. He . will get with the attorney and discuss this. Attorney Henderson stated that he hopes to have the proposed revision of the zoning procedures that will effect the Board of Adjustment before the next board meeting. The.clerk read the resignation of Mr. Sloan into the record. Chairman Millard is going to take care of the correspondence in regard to this, so that a new member will be appointed before the next board meeting. Chairman Millard declared the meeting concluded. 9:18 P.M. Minutes submitted by: Debbie Sigler -6- Bd. of Adjustments 4-22-81 ~~ . \'" (J u CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING ~.E.Ei!_~~.1._!2~! Prior to opening of the meeting, City Attorney Henderson explained that the board is under new procedures and the members need to be sworn in. He stated the proper procedure will Be to first call the meeting to order and establish the presence of a quorum. Chairman Martin called the Public Hearing to order. ROLL CALL Mrs. Martin Mr. Sloan Mrs. Walker Mr. Butt Mr. Newell Mr. Millard Mr. Wetzel Present Absent Present Present Present Present Present Also Present: Attorney Henderson Recording Secretary Mr. White Mrs. Fillo Mrs. Murphy Mr. Opal Mr. Wharton Attorney Henderson stated that since this is a new Board of Adjustment and the City Council has adopted the Comprehensive Plan, we are now operating directly under State Statutes rather than the Code of Ordinances which we were previously operating under. We are operating under the procedures of 163 Florida Statutes, making this a quasi judicial board. The decisions of this board will be reported to the City Council, however the decisions made here will be final. According to State Law, all officers have to be sworn in. The Oath of Office was administered by the City Attorney to the entire Board of Adjustment membership. Mr. Millard suggested that the election of officers be held at this time. City Attorney Henderson read the provisions of the law in accordance with the officers to be elected by the members. These offices will be for terms of one year, with the privilege of re-election at that time. Mr. Millard nominated Mr. Wetzel as Vice Chairman, being seconded by Mr. Butt. Mr. Butt nominated Mr. Millard as Chairman, being seconded by Mr. Newell. Mrs. Walker nominated Mrs. Martin as Chairman, being seconded by Mr. Butt. Mr. Wetzel made a motion to close the nominations, being seconded by Mr. Butt. Upon roll call vote the motion CARRIED 6-0. Roll call was taken on the nomination of Mr. Millard as Chairman. The motion CARRIED 5-1. Mrs. Walker voting NO. Chairman Millard asked if there were any further nominations for Vice Chairman. He reiterated his nomination for Mr. Wetzel, being seconded by Mr. Butt. ~: o o There were no further nominations. Roll call vote was taken on the nomination of Mr. Wetzel as Vice Chairman. The motion CARRIED 6-0. There was discussion in regard to the office of secretary. It was decided that Chairman Millard would speak with the City Clerk about this before a decision is made. Chairman Millard declared that there was no further election business to be taken care of, therefore the Public Hearing of March 25th was reconvened. The Clerk verified that the applicant is present at this hearing, and that the names of the audience is available: Mr. White, 210 North Riverside Drive Mrs. Fillo, 216 North Riverside Drive Mrs. Murphy, 230 North Riverside Drive Mr. Opal, 2002 pine Tree Drive Mr. Wharton, 1531 South Riverside Drive Attorney Henderson informed the board of some new information that he received from Mr. White's attorney. He explained that what we are dealing with is actually two parcels of property. There was lengthy discussion in regard to the dates and descrip- tions on the documents presented to th~ board members and the attorney. It was still confusing as to whether this parcel was split into two pieces and whether it remained separate. Mrs. Murphy questioned the posting of the property. She stated that the notice that is posted has a February date on it for the hearing. She feels that _the notice should have been updated. It was explained that the first meeting was held in February and each time this was reconvened it was stated when the rescheduled meeting would be. It was also confirmed that certified notices were sent to all the adjoining property owners each time a new hearing was scheduled. The notifications have been handled properly within the requirements of the law. Attorney Henderson recommended to the board that this issue should be considered, however he is satisfied that the board can not legally be in a position to grant a variance to one half of a parcel. This is one issue, there are other criteria to be con- sidered in regard to the variance request. Chairman Millard explained that 100 foot width has been the minimum front footage for homes to be built along Riverside Drive since the passage of Ordinance 880 in 1974. If someone owned smaller lots, they were allowed to build on their lots under the grandfather tradition, however the fact that other homes may be built on narrow lots, does not give anyone the right to build on less than a 100 foot lot after the ordinance was passed. He went over the circumstances of this particular case; Mr. White purchased this property in 1977, it is 75 feet wide and extends across Riverside Drive. He is now asking to have the riparian rights land on the east side of Riverside Drive determined to be a buildable lot. He explained, for Mr. White's benefit, that in order to be granted a variance, he must show undue hardship and that the hardship is not of his own doing. Hardship can not be financial gain. A special privilege should not be granted to him that others would be denied. Attorney Henderson read from the Statute. The board members went over the criteria, discussing each point individually. -2- Bd. of Adjustment 4-22-81 r' ~ o o Chairman Millard stated that the point of the R1A zoning regulation was to preserve the integrity of this prime area within the City. He added that this is an irregular piece of land; he figures the square foot area at about 8,200 feet. Chairman Millard stated that he does not see any way Mr. White is meeting any of the cirteria for granting a variance. Mr. White stated that he knows of other houses that have been built on lots smaller than this one. Mrs. Murphy stated that it should be taken into consideration whether Mr. White, as other Riverside residents, was getting a tax cut on that piece of property because it was listed with the tax assessor's records as an unbuildable lot. Mr. White explained that he is finding it difficult to meet the standard of living, they are seeking a larger home. He has a willing buyer who wants to purchase the entire property, not just the part on the east side of Riverside Drive. This man has stated that he will meet all of the building requirements if he was to build a house and he feels that any house that this gentleman may build would be an asset to the community. Mrs. Fillo spoke to the board in objection to this variance. She stated that she feels the natural resources should be pre- served. If a house was built there it would block her view of the river and also it would set a precedent for other buildings to go up all the way along Riverside Drive. Mr. Opal questioned the hardship involved in this case. Mrs. Murphy stated that she will agree with Mr. White that other houses have been built on lots smaller than 100 feet, however she does not feel that more buildings should go up on that side of Riverside Drive and block more of the view of the river. Mr. White pointed out his property on the map for the board members. He explained that the only view a house on this particular property would block, would be the island that 1S behind it. He added that he is not trying to infringe on anyone. Mrs. Martin stated that the Board of Adjustments is here to adjust any hardships that a landowner has. She feels that this goes beyond that. He is creating the hardship himself. Chairman Millard stated that this board's job is to balance the needs and wants of the applicant against the zoning law established by the entire City. There have to be valid grounds. Attorney Henderson reminded the board members that their job 1S to apply the six standards which we are locked into. Chairman Millard stated that he has to challange the attorney at this point. The purpose of this board is to show mercy and grant release from laws that are unduly restrictive. We are .not to apply strict law; no case can meet everyone of the criteria. Chairman Millard stated that it will be his procedure that all of the board members will be encouraged to speak as long as they wish, then he will phrase the issue and roll will be called. Mr. Newell questioned the other houses built on Riverside Drive. Mr. White questioned a particular house built on a fifty foot lot. -3- Bd. of Adjustment 4-22-81 ; . Q Q Chairman Millard stated that this is irrelevant, because prior violations do not justify another one. Attorney Henderson stated that this is true, each case shou1dbe considered on it's own merits. This board is not bound by any precedent that may have been set by a prior board's decision. Chairman Millard went back to the two parcel question. He asked the attorney if the board should rule that they are, 1n fact, basing their decision on one parcel of land east of Riverside Drive, in the event the decision that is made by the board causes Mr. White to take this to court. Attorney Henderson stated that the situation has been examined as a whole. As to the question, whether this is one parcel or two, the board is only concerning itself with that part east of Riverside Drive. Mr. Wetzel stated that he went down and looked over the property. He feels that it is a rather small lot to build on. Mr. Butt stated that denying this request would be going along with what the ordinances read. It is unfortunate that someone will suffer, however someone will, one way or the other. Mr. Newell stated that he has no further comments. Mrs. Martin stated again that she does not feel there is a hardship. Mrs. Walker stated that she does not even feel that there will be a problem for Mr. White selling the house. Chairman Millard phrased the issue: The issue is really not whether we say this is one parcel or two parcels, we each have our own view on this. Even if it is a parcel on the east side, it does not meet the minimum standards. There has been no showing of unnecessary hardship. He can find nothing in the articles that we have been accustomed to going by which would apply. When the roll is called, you will be voting yes to grant the variance, no to deny it. Think only of the land on the east side with the information presented to us by the applicant and relying upon the veracity and the truthfulness of all evidence presented to us by Mr. White and his attorney. Upon roll call vote the variance request was DENIED. Q-Yes 6-No. It was stated to Mr. White that he will receive a copy of the minutes of this meeting. Attorney Henderson stated that written findings should be made available for the file, and this should be reported to the Council. At this time a short recess was taken. -4- Bd. of Adjustment 4-22-81 o o Chairman Millard called the regular board meeting to order. The original roll call is valid. City Attorney Henderson explained that we are ~n a transitional period because of the adoption of the Comprehensive Plan. We are following the State Statutes until we have our Code amended properly. He read the section of the plan in regard to the aesthetics of the Riverside Drive area. The board members looked over their copies of the Comprehensive Plan. Attorney Henderson read from the Statutes the section under Powers and Duties of the Board of Adjustment. Appeals of decisions made by officials of the City, special exceptions and variances are all handled by this board. Chairman Millard stated that the board's duties are investigative. Every board member should always investigate the situations of each case. He explained that the board members can go out together to look over the cases as long as a clerk goes along to transcribe minutes. There was discussion of the Sunshine Law. It was explained by the attorney that board members can talk with each other, there is a violation only when two or more members start to discuss anything that would possibly come before the board for action. It was pointed out that the board does not necessarily have to make a decision at the Public Hearing, the case cari be rescheduled until a later date, if the members feel they need more time. Mr. Wharton was given the floor. He explained the situation and showed the board members his drawing of the construction taking place next door to his residence. It was determined that this has come before this board previously. It was brought to Mr. Murphy, Building Official of the City. There is a letter in the file from Mr. Murphy to the individual and a response that this is not a duplex, just an additional room to his own family dwelling. There was further discussion with Mr. Wharton about this. It was decided that a board member should speak to Mr. Murphy and make an appointment to go out -with him to inspec~ this property. The results of this investigation will be brought back to the board at our next meeting. Mr. Wetzel agreed to be the committee of one to inspect this situation. Chairman Millard went over the the board members. Financial Disclosure forms with Attorney Henderson explained the Conflict of Interest forms. He stated that every board member will have to vote on every case, however if you feel that there is a conflict you file this form which will become part of the record. Chairman Millard asked Attorney Henderson if he ~s a member of the board. Attorney Henderson explained that he has been attending most of the board meetings, basically until everything is organized. However, since the decisions of this board are now final and only repealable in Circuit Court, he will be present any time he feels a conflict may arise. -5- Bd. of Adjustment 4-22-81 Q o Chairman Millard suggested that he go over the rules and separate the rules in regard to the way to handle the audience and each case from the guidelines which we should go by. He will get with the attorney and discuss this. Attorney Henderson stated that he hopes to have the proposed revision of the zoning procedures that will effect the Board of Adjustment before the next board meeting. The clerk read the resignation of Mr. Sloan into the record. Chairman Millard is going to take care of the correspondence in regard to this, so that a new member will be appointed before the next board meeting. Chairman Millard declared the meeting concluded. 9:18 P.M. Minutes submitted by: Debbie Sigler -6- Bd. of Adjustments 4-22-81