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02-19-1981 t u u CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING February 19, 1981 Chairman Louise Martin called the the Board of Adjustments to order water City Hall. special Public Hearing of at 7:15 P.M. in the Edge- ROLL CALL ALSO PRESENT Mrs. Martin Mr. Sloan Mr. Lupinek Mrs. Walker Mrs. Curry Present Excused Present Present Excused Mr. Hogan Mr. Pilch,Jr. " Chairman Martin stated that the purpose of this special hearing is to consider the request of Mr. pilch to build duplexes in a B-3 zone. She stated that the property is still posted and the advertisement still stands that was placed in the paper. She asked the clerk to read from the board's By-Laws under Duties and Procedures concerning Special Exceptions. Page 2 of the Board of Adjustment's By-Laws was read into the record. '1 Chairman Martin asked if this was understood or if there were any ,'questions. Mr. Lupinek stated that he would like the board to wait until Mr. Sloan can review the drawings that the other board members have reviewed. He added that we don't have a quorum to vote. .. Chariman Martin explained that there ~s a quorum present, however there is a question as to whether we will get a motion and a vote. Mr. Lupinek stated that he would rather have the attorney present and have more board memb~rs present before a vote is taken. He asked Mr. pilch if he has the power of attorney to make a decision if this board should ask for conditions that are not written in the application? There was discussion again about the board making any decisions with only three members present. Mr. Lupinek stated that he may go along with this project with certain conditions put on it to alleviate the parking situation. He asked Mr. Pilch if this was ,his own project, because he stated that he has information in his files that Mr. pilch is working for Mr. George Cameron. Mr. Pilch stated that he works for himself. He has a contract to buy the land contingent upon approval of this project. He asked why that is in question? Mr. Lupinek stated that if the board wishes to continue with this there may be some conditions asked in order to alleviate the parking problem. He added that he would rather wait until Mr. Sloan can be present. , Q Q Mrs. Martin stated that a motion can be made with conditions attached, and then it will be up to the Council to determine the final decision. Mrs. Walker stated that the motion that was made last month had a condition set on it, that nothing would be built in the back of this complex. There was discussion about what type of building could be put in this zone. It is B-3, and a number of businesses could be put there. Mr. Lupinek asked to refer back to when the Zoning Board wanted to rezone this area and was turned down by the Council. Mr. Pilch presented the letter that went to the Council from the Zoning Board and went over with the board members what happened previously with this case. Mr. Lupinek asked about the traffic congestion and stated that he would like to see some control. There was quite a bit of discussion about the traffic. Mr. Hogan, Principal of the Edgewater Elementary School spoke to the board. He stated that he is not opposing this project nor is he here to speak in favor of it. He stated that there is already an existing traffic problem in this area. He also spoke of the problem that would exist from having to tear up the road in order to put in the facilities. The board members were informed of each of the statements made by the various department heads in regard to these problems. Chairman Martin read to the members the different buildings that can be put in B-3 districts without having to come to the board for any approval or conditions whatsoever. Mr. Lupinek went over the drawings and dimensions of each unit involved. He explained that he has reviewed all of the drawings in detail and the figures that Mr. pilch has written is correct. He added that this does meet with the R-4 require- ments, however he has done his homework and will not vote on something before he looks into it. He also asked again why this board does not get together and view properties that are coming before the board? He stated that this board does not work together. Chairman Martin explained that it has been explained to her that because of the Sunshine Law we are not to go anyplace and dis- cuss the cases. Mr. Lupinek stated that the only thing the Sunshine Law states is that we can not discuss our vote. Mr. pilch stated that he would like to know if he has answered all of Mr. Lupinek's questions about the project? Mr. Lupinek stated that the condition that he w~uld like made is that this project be moved back 50 feet from the front rather than 30 feet as shown? Mr. pilch explained that the Zoning Board recommended the buffer behind the complex between the railroad tracks. Also there has been a lot of paperwork taken care of in regard to the parcels that have been recorded and this would have to be done over. -2- Bd. of Adjustments 2-19-81 Q o There was much discussion between Mr. Lupinek and Mr. Pilch in regard to this condition. Mr. Lupinek stated that Mr. pilch can go to Mr. Cameron and ask him about accepting this condition and come back to the board. Mr. pilch stated that he has the right to accept the condition without asking anyone, however he does not see how this condi- tion would alleviate anything. It has been expressed that there is already a traffic problem in this area and that this may cause even more traffic. He added that if he moves this com- plex back farther, he will only be enticing more vehicles to be parked there. He is now limiting them in a manner of speaking, to two cars. He does not feel this condition is going to help anything. He added that if he did this he would be doing what the Zoning Board asked him not to do. Mr. Hogan spoke again to the board, stating that whatever the decision is, they will live with it. There was more discussion about the traffic in this area with just the one road to use as access to the school. Mr. Lupinek asked again about the condition. Mr. pilch showed the board members his original drawings and the drawings that were amended after the Zoning Board recommended the changes to him. He also spoke of the revenues that the City will receive from this project. Chairman Martin asked the board members what their decision was. The Clerk stated that before a vote is taken, each of the criteria for granting special exceptions must be read into the record and gone over individually. The following criteria was read and discussed: 1. The use requested is listed among the special exceptions in the district for which application is made? It was agreed by all three board members that this is true. 2. The requested use will not impair the character of the sur- rounding or adjoining districts, nor be detrimental to the public health, morals or welfare? Mr. Lupinek stated that it is his opinion that this will be a detriment' to the public health, morals and welfare. He added that he would like 'to see more footage in front of the building. Mr. pilch asked a question at this time of Mr. Lupinek, about this being a detriment at 30 feet back from the road but not a detriment at 50 feet back? Mr. Lupinek stated that this is all very irrelivant. He has asked to have this condition set so that it would illeviate the problem that he feels is there. Mrs. Walker stated that she does not think that this will impair the character of the area nor will it be detrimental to the public health, morals or welfare. Chairman Martin stated that she does not feel that this will be a detriment to the public health, morals or welfare. -3- Bd. Of Adjustments 2-19-81 u o There was more discussion at this time about the parking spaces and the traffic in the area. 3. The requested use will be in conformity with the land use plan? It was the concensus of all of the board members that this project would conform to the land use plan. 4. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided? It was the concensus of all of the board members that the answer to this would be yes. 5. The proposed use will not increase traffic congestion? It was the concensus of all of the board members that this would increase traffic In the area. Mr. Lupinek stated that this would lncrease traffic congestion. Mrs. Walker stated that she saw where the Police Chief stated that he feels this project is acceptable. She stated that there is plenty of room for fire trucks to get through the back. She stated that she does not feel that this will increase traffic congestion. Mrs. Martin stated that she does not feel that this will increase traffic congestion. There was discussion again with Mr. Pilch about the traffic. Mr. pilch stated that he could not accept the condition, because he does not understand how adding twenty feet to the parking would eliminate the traffic problem. Chairman Martin stated that if the members here feel that they can come to a vote in regard to this matter, it will have to be a unanimous vote one way or the other or we will have to recess this mee'ting. Mr. Lupinek stated that he wishes to have a full board before voting. It was suggested that all of the information about this case should be sent to the new member appointed to the board, so that perhaps she will be able to vote at our next meeting. Mr. Lupinek made a motion to recess this case until next week being seconded by Mrs. Walker. Upon roll call vote the motion CARRIED 3-0. Chairman Martin stated that this will be the first item on the agenda and she wants a full membership present. Mr. Lupinke made a motion to adjourn, being seconded by Mrs. Walker. Meeting adjourned. Minutes submitted by: Debbie Sigler -4- Bd. of Adjustment 2-19-81