03-25-1981
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS PUBLIC HEARING
March 25, 1981
Chairman Louise Martin reconvened the Public Hearing of February 25,
1981 for the purpose of hearing the variance request from Mr. Earl
White, 210 North Riverside Drive.
ROLL CALL
Mrs. Martin
Mrs. Walker
Mr. Sloan
Present
Excused
Excused
City Attorney Henderson stated to the audience that the posture
that we will take is to hear the opinions of the interested citizens
present. Then in regard to the two specific cases that were adver-
tised, he will discuss them with the applicants and try to resolve
them without board action.
Mr. Earl White, 210 North Riverside Drive is requesting a variance
on that part of his property lying east of Riverside Drive in order
to build a house on a 75 foot front instead of the 100' which is
required.
The clerk stated for the record that certified letters were mailed
out again to the adjacent property owners notifying them of the
rescheduling of the hearing in this case.
Mrs. Paul Fillo spoke that since the law requires a 100 foot lot,
she does not see how it should be allowed to build on a 75 foot lot.
She feels that this will diminish the value of her property, because
if you grant a variance like this to one, you will have to grant it
to other people and before long they will be building on 50' lots.
Attorney Henderson stated that the only way a variance can be
granted in this case would be to determine that a hardship exists
and that the zoning regulation is impractical. He added that the
argument that Mr. White does have is that this is a large lot,
beyond the minimum lot size for R-1A zoning. It meets the minimum
square footage and the depth requirements, the only problem is the
width requirement.
Mr. White stated that this is true, and south of his property on
the east side of Riverside Drive a man has already built a house
on a 50 foot lot. He stated that the quality of house that would
be built there would not degrade the area, and would be placed in
the middle of the property, not blocking any view of the river.
He has had many interested people look at the lot, however he can
not sell it unless he can assure them that they can build on this
lot.
There was discussion at this time about other houses that have been
built in this area on smaller lots. There is some question as to
how building permits are being issued for these buildings. The
Board of Adjustments has not handled any variance requests recently
for houses on 50 or 75 foot lots.
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Attorney Henderson explained that there can be no action taken
tonight due to there not being a quorum of the board, however
when there is a full board appointed, they can consider a variance.
He feels that it seems that this is more of an amendment to the
Zoning Ordinance, which is not within the realm of the Board of
Adjustments.
Mr. White added that there are many houses built on 75' lots
that are not as deep as this one.
Attorney Henderson stated that the problem at the present is that
the board is being asked to make a decision on one half of a
parcel. He explained that this is a gray area and will have
to be decided by the new board. He added his apology to Mr.
White for the delay caused due to the board membership.
Mr. Merwin J. Curtis, 1300 South Riverside Drive is requesting
to extend his south lot line by ten feet. The new line would
be eight feet, four inches from an existing garage. He is re-
questing a one foot eight inch variance.
The clerk stated for the record that this was advertised, posted
and that the adjacent property owners were notified by certified
mail.
Attorney Henderson spoke with the two Mr. Curtis's about the
situation. He asked what the purpose is for moving the lot
line?
Mr. Curtis stated that he feels that it will add to the value
of the property, and if he ever sells his property and someone
wants to build a larger house they would be able to. He added
that he has no present plans for building on his property.
Mr. Curtis stated that his attorney wanted this variance matter
cleared up before he drew up the deed.
Attorney Henderson stated that the City can not keep this property
transaction from occuring, and a covenant could be put in the deed
that you recognize that there is a 1.6 foot encroachment and that
you waive any right to object to it. This would not require any
transaction from the Board of Adjustment. It was explained that
if in the future this property was sold and a complaint was filed
about the garage, then the Board of Adjustment could hear an
appeal case.
Attorney Henderson is to get ln touch with Mr. Curtis's attorney
and resolve this matter.
The Public Hearing was closed at this time. No regular Board of
Adjustment meeting was held due to lack of a quorum.
Minutes Submitted By:
Debbie Sigler
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Board of Adjustment
March 25, 1981