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12-18-1980 . . t ~ "' w u <.) CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING December 18, 1980 Chairman Louise Martin reconvened the Public Hearing from November 26th at 7:00 P.M. in the Edgewater City Hall. ROLL CALL ALSO PRESENT: Mrs. Martin Mrs. Kane Mr. Sloan Mr. Lupinek Mrs. Walker Present Excused Present Present Absent Mayor Christy Mr. Opal Mrs. LaMee Mr. Castagna,cci Mrs. Beader Mr. Pilch Mr. Holohan Mr. Peatross Mr. Grogan Cameron appeal case: The clerk read a memo from Charles Murphy, Building Official to the Board of Adjustments, in which he e~plained that he measured the Cameron property and the addition is 1515" south of the main building, extending 3'2" into someone elses property. The clerk read another memo from Mr. Murphy concerning the Cameron property. The letter explained that Mr. Cameron intends to have the addition torn down within thirty days from December 18th. Mr. Lupinek made a motion that we accept the report and close the case as per instructions from Mr. Murphy, Building Official, being seconded by Mr. Sloan. Upon roll call vote, the motion CARRIED 3-0. Beader Variance Request: It was verified by the board members that this property has been properly posted. Mrs. Martin reminded the board that this is a request for a nineteen foot front setback variance and a two foot side setback variance for an already constructed carport. Mr. Lupinek referred to a letter from Attorney Woods stating that everything regardless of the cost should have a permit. Mrs. Martin stated that this matter has been referred to the Council and is being sent to the Building Code Board for their recommendation. There was discussion at this time as to whether the owner or the builder is responsible for getting the building permit. Mr. Lupinek asked if this board is to make a decision on this before the recommendation is made by the Building Code Board? Mrs. Martin explained that it doesn1t matter what the recommen- dation is, this carport is already constructed. We must make a decision in regard to this. & , Q u Mayor Christy asked what the law reads in regard to the owner or builder getting the building permit? Mr. Pilch explained that you have to refer to the Southern Standard Building Code. Mayor Christy asked Mrs. Martin about this. Mrs. Martin stated that she assumed the builder would come in for the building permit. Mrs. Beader, however, was told that she did not need a permit because this construction was less than $500.00. Mr. Pilch stated that the Building Department should be the one to make the evaluation as to whether a permit is needed. They should look over the plans anyway. There are provisions for this in the Southern Standard Building Code. The clerk read a message from the City Attorney. It is his opinion that everything should be checked out by the City before being built. Either a permit should be issued or an exemption issued. Mr. Opal pointed out that we have several sub-contractors building within the City who don't even have competency cards. Mayor Christy explained to the board that the Building Code Board did not have a quorum to act upon this, therefore he is going to ask the Council to take action. The clerk read the various letters sent to the Council and the City Attorney in regard to this problem. Mrs. Martin asked the board their feelings in regard to the particular matter at hand. Mr. Lupinek stated that he would like to see what the Building Code decides before we make a decision. He would like to hear some more on the matter. It was explained again that no matter what they decide, this building is already up. Mr. Sloan stated that these people did not try to sneak this in, they asked about a permit. It was pointed out to the board that a petition was signed by residents in the area not objecting to the carport. Mr. Grogan asked how you are going to keep this from happening again? Mrs. Martin explained that we are sending the recommendation to the Council so that there will be more control in the future. Mr. Sloan made a motion that the Beaders be allowed to leave the carport as is with a nineteen foot setback variance and two foot side setback variance, being seconded by Mr. Lupinek. Upon roll call vote the motion CARRIED 3-0. Mrs. Martin explained that this will go to the Council Monday for final approval. Mrs. Beader thanked the Board. Mayor Christy told the board that the State Statutes reads that action taken by this board is final, the only recall is the U.S. Courts, he feels that it is time the Council gets this understood. -2- Board of Adjustments 12/18/80 u u E.A. Pilch site plan approval: The board members looked over the plans submitted to them along with the comments from the different department heads, and the other boards. Mr. Sloan asked about the parking spaces. Mr. Lupinek stated that according to special exceptions, a duplex may be permitted as a special exception, if there is an existing duplex within fifty feet of the proposed duplex. The dimensional requirements call for a minimum of 750 square feet of living area, he can't see that this is covered. Mr. Pilch explained the total dimensions of each unit. He added that this was given to the Zoning Board who strenuously went over the Zoning Laws and gave it approval. Mr. Lupinek stated that this is not an explainable plan for them to work on. He does not see how they can make a decision. Mr. Sloan asked if this property has been posted? Mr. Pilch stated that he does not know. Mr. Sloan stated that he went to the property over the week end and it was not posted. He has made it clear in the past that he will not act on anything else unless it is posted according to the law. Mrs. Martin asked if the dimensions are correct; we are being asked to approve the exception, what is the exception? It was explained that he wants to build a duplex in a business zone. Mr. Pilch explained that residenGe were taken out of the B-2 Zoning Districts and they were put into a special exception category, therefore any residence. bu.ilt in the B-2 Zoning has to receive a special exception. There was discussion that this is B-3, Mr. Lupinek suggested that this be sent back to the Zoning Board to either have the zoning changed or something. It was explained that this went to the Zoning Board. Their comment was read to the board members, and it was explained that the Board of Adjustments has other criteria to check over. These questions were typed up for the members. Mr. Holahan asked as a matter of information, who gives the board the questions they can ask. Mr. Sloan stated that he does not like this. It is the first time he has ever noticed that he is limited to what he can ask It was explained that the Charter states what each board's criteria are. Mayor Christy asked who is telling them that they can only ask certain questions? It was explained again that these are guidelines, there are certain questions that this board should find the answers :to, just as the other boards have their own expertise. -3- Board of Adjustments 12/18/80 Q Q Mr. Lupinek stated that this parcel of land was rezoned several years ago to allow the party to use it as a nursery. He under- stands that the Zoning Board tried to get this rezoned back to R-4 and the Council turned them down. He would like this given back to the Zoning Board to decide what they want to do. Mrs.Martin questioned why the Zoning Board did not make a request to change it back~ instead of asking for an exception. Mr. Pilch explained that as a general rule the Zoning Board requested that it be a special exception to build any type of residence in a Business zoning. Before this was done, any of these types of buildings could be built without going through this inspection process. He explained that there is industrial property adjacent to the rear of this property, residential is across the street, and the school is on one side. He went on to explain that this proposal meets all of the requirements for a R-4 zoning, which is what this would be requested in a rezoning. This was all taken into consideration by the Zoning Board. Mrs. Martin stated that she also went to the location and it was not posted. Mr. Pilch stated that this is not his responsibility, and asked who is suppose to see to it that this is done? It was explained that this is the Building Official's riesponsibility. It was stated that you can not deny the individual because of some- thing that was not his fault. Mrs. Martin explained that the law states that the citizens irl the area be notified by the property being posted. Mr. Pilch asked if all the adjacent property owners were notified by ma il ? This was confirmed. Mr. Sloan questioned the fact that this is a school zone and he stated that the traffic perhaps could cause a problem. Mr. Hogan, Principal of the Edgewater Elementary School, spoke to the board that he personally feels that this will create a problem with the traffic. Mr. Pilch stated that he can understand the possibilities, however he does not feel that there would be a problem. Ii t was s ta ted w hat co u 1 d go i nth i s are a wit h the pre s e n t z 0 n i n g being business could be more hazardous. Mr. Hogan added that the street may have to be closed down for a while in order to put the sewer in. Mr. Pilch explained that this has been discussed with the City engineers and this can be taken care of without damaging the streets at all. Mr. Lupinek stated that he would like to refer this case back to the Zoning Board in order to perhaps have this rezoned to a resi- dential area. Mr. Pilch explained that this project would still be allowed if it was rezoned. Mrs. Martin stated that the major problem is the school in the area. -4- Board of Adjustments 12/18/80 o u Mayor Christy stated that this was discussed at a Council meeting. He suggested that the Board of Adjustments read the minutes, or listen to the tapes in order to understand the conversation. Mr. Sloan and Mr. Lupinek both stated that they would like to see more information before voting on this. Mr. Sloan made a motion that we bring this up at our next meeting, until we can locate the exact dimensions of the buildings and he requests that the Building Official post this property so that the neighbors can see what is going in, and that we be furnished with the Council minutes when this is discussed,being seconded by Mr. Lupinek. Upon roll call vote the motion CARRIED 3-0~ Peatross Variance Request: Mr. Lupinek stated that the error in this case is due to the write up of the multi-family and duplex requirements. He recom- mends that the Council change the yard frontage of multi family to read 30 feet, so an error like this won~ be made again. He added that he looked this over, it was posted. Mr. Sloan stated that there is plenty of room in the back and he is sure that if the builder understood that he should setback 30 feet he would have done so. Mr. Lupinek made a motion that we allow this man to proceed with his building as it stands and that the Council make the recommended change, being seconded by Mr. Sloan. Upon roll call vote the motion CARRIED 3-0. Mr. John Harris spoke to the board about adding to his commercial building. He was instructed by Mr. Murphy to come to this meeting to have the board tell him the requirements and find out if he needs to request a variance. It was agreed that this is the Building Official's job. He needs to determine whether a variance is needed and then it comes in writing to the board. Public Hearing adjourned. REGULAR MEETING CALL TO ORDER ROLL CALL Mrs. Martin Mrs. Kane Mr. Sloan Mr. Lupinek Mrs. Walker Present Excused Present Present Absent APPROVAL OF MINUTES Mr. Sloan made a motion to approve the minutes of the meeting November 26,1980, being seconded by Mr. Lupinek. Upon roll call vote the motion CARRIED 3-0. -5- Board of Adjustments 12/18/80 Q o COMMUNICATIONS The clerk read an excerpt from the December 1st Council meeting regarding disposition of the Roche Site Plan. Th~s is for information to the board. The clerk read a memo to the Council from the Board of Adjustment regarding building permits. It was explained that this was acted upon at the Council meeting December 15th. An excerpt from that meeting was read. this was referred to the Building Code Board. The clerk read a letter from the City Clerk to the City Attorney regarding contractors and several other questions. The clerk again explained that the attorney said it is his opinion that any addition or building should be either given a building permit or an exemption no matter what the value of said construction. OLD BUSINESS New copies of the By-laws were passed out to the members to look over and bring back at the next meeting. NEW BUSINESS none BOARD COMMENTS Merry Christmas ADJOURNMENT Mr. Lupinek made a motion to adjourn, being seconded by Mr. Sloan CARRIED. Minutes submitted by: Debbie Sigler -6- Board of Adjustments 12/18/80