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01-28-1981 1 r .- ~ *" i \.- '-J v CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING January 28, 1981 Chairman Louise Martin reconvened the Public Hearing from December 18th at 7:15 P.M. in the Edgewater City Hall. ROLL CALL Also Present: Mrs. ~1artin Mr. Sloan Mr. Lupinek Mrs. Walker Present Excused Present Present Mr. Pilch Mr. Petersen Mr. Wharton Mrs. Long Pilch Site Plan The board members looked over the drawings of this project. Mr. Lupinek asked some questions about the floor area of each unit, which were answered by Mr. Pilch. Mrs. Martin explained that this is a request for a special exception to build a multi family in a business district. We have to decide whether we want duplexes in this area rather than a business. Mr. Lupinek reminded the board members that the school principal was at our last meeting and he feels this will cause a traffic problem. Mr. Pilch went over the parking, explaining that there will be 45 feet all together from the road to the building. He spoke with the Police Chief about this and was told that this should be no problem. There is an officer on duty at the busy traffic time. Mr. Lupinek stated that Mr. Sloan told us at our last meeting that when he was P~T.A. President they had traffic:'problems and this was before Mr. Cameron bought the property. He added that he doesn't know why we can't sent this back to the Zoning Board to have it approved. Mr. Pilch explained that this has gone before the Zoning Board twice and has their stamp of approval. He stated that earlier they sent a letter to the Council requesting this be rezoned R-4. These buildings fall under the R-4 zoning. This po~nt is being made to show you that if it were rezoned, the accepted re- zoning would be R-4 and this project would be allowed automatically. Mr. Lupinek stated that he doesn't want to go over the Zoning Board's request of having it rezoned. It should go back to them so they can get this done. Mr. Mackie, Zoning Board Chairman, spoke to the board, explaining that his board tried to get this particular area rezoned residential. It was decided that this would have been spot zoning and also quite expensive. Later it was decided that this would be sent for a special exception. They feel that this type of project will be better in the -~. ~~. ./ (.) (,) . area than one of a number of businesses that could be put in there. This project has passed all of the requirements by the various department's of the City. All the Board of Adjustments needs to do is decide if this is acceptable in the area. Mr. Pilch spoke to the board about the benefits in regard to the tax levy. They will be paying approximately $12,000 a year for taxes. Mrs. Martin stated that we need to take these facts into consider- ation to determine whether we want duplexes in this area or a business. Mr. Lupinek reiterated that the Zoning Board wished this to be rezoned residential and they were turned down by the Council. He would like to see this turned back to the Zoning Board, so they can see if they can get this rezoned R-4 so that we will not have any commercial in there. Mr. Pilch stated that this complex that he is proposing will meet all the requirements for R-4 zoning. Mrs. Walker stated that if this has been passed by all of the boards, she does not understand why it is here. Mrs. Martin explained that they are coming here for a special exception to build a residential complex in a business district. There was some discussion as to what the board is to determine. Mr. Lupinek brought up dicussion about the land behind this project and whether sometime in the future some type of business could be put in there. It was explained to Mr. Lupinek and the board members that they could put conditions on the special exception, if they would check Sec. 903.01 of the Code. Mr. Mackie spoke to the board again. He explained that it was felt that in cases where residential was allowed in the B zoning districts, it would be more appropriate for them to fall under the R-4 requirements. He went over the communication from the Zoning Board to the Council, and explained that this is being misunderstood. He added that there is no need to send this back to the Zoning Board. They have reviewed it and there is no more they can do. Mrs. Walker made a motion to grant a special exception to build the duplexes and one office building on this B-3 property. There being no second to the motion, Mrs. Martin stepped down from the Chair and made the second. Mrs. Walker called for a roll call vote. Upon roll call, the vote was. two (2) in favor and one (1) against. It was explained to Mr. Pilch that the Council makes the final decisions and this will be sent to the Council at their meeting February 2, 1981. Mr. Pilch thanked the board for their approval. -2- Board of Adjustments 1/28/81 ~ .,.... Q 'fr (.) ~ Petersen Variance Request Mr. Petersen is requesting a five foot side setback variance and a fifteen foot rear setback variance in order to build a garage on his property.at 120 East Pine Bluff. Mrs. Martin explained that the requirements are ten feet from the side and twenty feet from the rear. Mr. Lupinek stated that he feels this could easily be moved up. He a5ked Mr. Petersen to speak to the board, explaining that this board does not try to impose hardships but we should not allow things that don't have to be. He said that the little patio garden could be moved so that the garage could be moved up closer to the house. Mr. Petersen answered some questions asked by the board members. He agreed that the little garden patio could be moved. There were three ladies in the audience who live in this area, they all stated that they have no objections to this garage being buil t. Mr. Lupinek made a motion to grant Mr. Petersen a ten foot rear setback variance and a five foot side setback variance, being seconded by Mrs. Walker. Upon roll call vote the motion CARRIED 3-0. Mr. Petersen thanked the board. It was explained. to him that this will also be heard at the Council meeting February 2, 1981. Mr. Lupinek made a motion to adjourn the Public Hearing, being seconded by Mrs. Walker. Motion CARRIED 3-0. REGULAR MEETING CALLED TO ORDER ROLL CALL Mrs. Martin Mr. Sloan Mr. Lupinek Mrs. Walker Present Excused Present Present APPROVAL OF MINUTES Mr. Lupinek made a motion to approve the minutes of the meeting held December 18, 1980, being seconded by Mrs. Walker. Upon roll call the motion CARRIED 3-0. COMMUNICATIONS The Clerk read the memo from the Board of Adjustments to the Council in regards to the variances granted by the board at their last meeting (Beader and Peatross). The excerpts from the Council meetings where final approval was made was also read to the board members. The Clerk read an excerpt from the Council minutes of December 22, 1980 in regard to the building permit requirements. This had been discussed at the Board of Adjustments last meeting also. -3- Board of Adjustments 1/28/81 T . . Q '-J ~ OLD BUSINESS By-Laws: It was stated by the Clerk that the board members have never discussed or accepted the By-Laws as retyped. This is to be put on the agenda for next month's meeting. NEW BUSINESS The Clerk read an excerpt from the Council minutes in regard to the appointing of board members. The Clerk read the resignation from Mrs. Kane that was sent to the City Council. Mrs. Martin stated that this is most unfortunate. Mrs. Kane was a good board member. There was discussion about other ideas for replacements. There was a question about the terms that people are appointed to serve. Mr. John Wharton spoke to the board'about a violation that has taken place next door to him. He showed drawings to the members. He has brought this to the attention of Charlie Murphy and the Mayor. He was told by the Mayor that this would be on the Board of Adjustment's agenda. The board members discussed this with Mr. Wharton, they explained to him that this should be handled by the Building Official. The man in violation should be the one coming to the Board of Adjustments after he receives notification that he is in violation. The paperwork was left with the board to turn into City Hall for something to be done about. BOARD COMMENTS There was discussion about the continuing problem with the posting of property. It was decided that a letter be sent to the Council again about this. Mr. Lupinek stated that he has another complaint about some of the builders building in the shores area. It is in the By-Laws that each new home requires a culvert ',and they are not all having them put in. He feels that this is another matter that Mr. Murphy should look into and take care of. It was explained to Mr. Lupinek that whenever a building permit is typed up, before it can be purchased a form has to be filled out by the Street Supervisor notifying the clerks whether they should collect for a culvert. ADJOURNMENT Mr. Lupinek made a motion to adjourn, being seconded by Mrs. Walker. Motion CARRIED. Minutes submitted by: Debbie Sigler -4- Board of Adjustments 1/28/81