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04-23-1980 ....",.-- .,..... ,.. -.. CI'IY OF ElXiEWATER roAHO OF ADJUSIMENT PUBLIC HEARING April 23, 1980 Chainnan lDuise Martin called the Public Hearing to order at 7: 00 P.M. in Edgewater City Hall. ROLL CAlL: Mrs. Martin Mrs. Walker Mrs. Kane Mr. lllpinek Mr. Sloan Present Excused Present Present Present The application for a variance was f~ Armada Hanes, Inc. for M. and D. Elling and M. lDutrel requesting an eight foot variance on the front setback on the South West corner lot of 28th and Willow Oak to construct a single family dwelling. The legal description is lDts 13145 and 13146, Block 422, Florida Shores Subcli vision, Unit 20 as per Map Book 19, Page 240 of the Public Records of Volusia County, Florida. Mr. lllpinek asked if the manbers had looked over this property. All of the board lIlEIIlbers stated that they had. Mr. lllpinek asked if anyone noticed whether this property was ever posted. Sane of the rnanbers thought they saw the paper posted on a tree, but did not go close enough to reM it. There was quite a bit of discussion about this. Mr. lllpinek stated that he had been out there several times and it has never been posted. He added that he is going to refuse to vote on this because legally the property should be posted. Mr.. Sloan stated that he has to agree. It is not fair to the property owners in the area to do this unless the property was posted. He also went out to the property and knows that it was not posted. A lady representing the El~ings spoke to the board about this not/being fair to them. They have a loan carmii1nent and are ready to start construction. She asked if the board has ever voted on a variance without property being posted? Mr. lllpinek stated that they have done it in the past, however they said it muld not be done again. There was rrore discussion. about. this problem. - The board feels that sanething has to be done about this, and it was decided to write a letter to the Council. Mrs. Martin explained to the people present that legally the property ImlSt be posted for the board to act upon the request. A gentleman fran Armada Hanes, Inc. spoke to the board, that he was told that the property was in fact posted. Mr. Sloan stated that he will vote tonight because he did look over the area, however he wants the record to show that this is the last time regardless of the circumstances that he will vote when the property is not posted. Mrs. Kane and Mr. lllpinek both agreed on this. -- ... . Q. .' .. '. '" ... o At this time the board manbers looked over the drawings of the hcuSe. - ~: . Mrs. Kane explained that they axe not asking to have an eight foot setback, they are asking for an eight foot variance. The setback should be thirty feet and they want to set back t\renty two feet. It was clarified that the front of the house is facing Willow Oak. Mr. lupinek made a ITDtion to accept this variance of eight feet on the property described as lots 13145 and 13146, Block 422, Florida Shores, being seconded by Mrs. Kane. The motion CARRIED 4-0. The people present thanked the board. They suggested that perhaps if the applicants are made aware of the fact that their property has to be posted, they would either do it themselves or at least let someone know that it isn't . posted. There was ITDre discussion abrnt this. Mr. Lupinek stated that he did let City Hall know that the property was not posted and it still didn't get posted. It was suggested that when copies of the Public Hearing Notice are mailed to the navspaper and the people requesting the variance; perhaps two copies could be mailed to the applicant explaining that it has to be posted at least five days prior to the hearing. They could check the property out and post their extra copy if need be. Mrs. Martin is directiIig:a letter to the Council and she will be at the meeting Monday night. Mrs. Kane made a motion to adjourn the Public Hearing and go into the regular meeting, being seconded by Mr. lupinek. The motion CARRIED 4-0. Mrs. Martin -called the regular meeting of the board to order. Mr. lupinek made a motion to approve the minutes of the February 27th meeting, being seconded by Mrs. Kane. The ITDtion CARBIED 3-1. Mr. Sloan wasn It at that ~eting. Mrs. Kane asked if the Council did anything about their request for reimburse- ment for travel expenses. ~ '. . .. Mrs. Martin stated that she went to the Council meeting and discussed this with the Council, they are going to think abcut it. Mrs. Kane suggested that this be called to their attention again. There was sane discussion about the Mr. Miller who wrote the lengthy letter about the board. The board mEmbers wondered whether there was a letter sent back to Mr. Miller. Mrs. Martin read a letter fran the City Attorney requesting that he be given all the infonnation ahead of time that the Board of AdjustJrents is acting upon, so that he can be able to advise than and the Ccuncil if necessary. Mrs. Martin stated that she will check and see if this is being done. There was no further business for the board to discuss. Mr. Sloan made a ITDtion to adjourn, being seconded by Mrs. Kane. The ITDtion CARRIED 4-0. -2- caruu of iEbgewater 0 POSTOFFICE BOX 100 EDGEWATER, FLORIDA 32032 April 24, 1980 W: Mayor & City Council FR::M : Board of Adjustments By law the property subject to Public Hearing for variances must be posted at least five days prior to said Public Hearing. We feel that this law is just in order to notify property owners in the area where a variance is being requested. Also, the board mEmbers have to locate the exact piece of property in order to make their decisions. On several occassions City Hall has had to be rEminded by one of our board mEmbers to get this property posted, even later than the five days. Legally, when this property is not posted properly, the board can not take action on the variance request. This is not fair to an applicant who has paid the City for the hearing and is expecting a decision to be made on a certain date. The board has been forced to take action on variance requests that have not been posted, however the mEmbers feel that in the future we have no recourse except to schedule another hearing. It would be greatly appreciated if the Council ~ould make a determination as to wi10se responsibility it is to post the properties and impress upon them the importance that this is done. Having to reschedule hearings can become an unnecessary expense to the City. Thank You. Sincerely, 7/7/UJ. /6-u..{.~ 77)cvJ.?-;J Mrs. lou ise Mart in Chairman 1M: ds) '--../ I .. . < . -. ... ~'. . 'tnitu of tE.bgewaterO POSTOFFICE BOX 100 . EDGEWATER. FLORIDA"." . ~ Iii ,J April 24, 1980 'ID: Mayor & City Council FR::M : Board of Adjustment oJi. The Board of Adjustment held a Public Hearing on April 23,1980 to consider the application of Armada Homes, Inc. for M. and D. Elling and M. loutrel requesting an eight foot variance on the front setback on the South West comer lot of 28th and Willow Oak, to construct a single family d\\Blling. The legal descrip- tion is lots 13145 and 13146, Block 422, Florida Shores Subdivision. The board voted 4-0 to grant this variance. The board requests the Council grant this variance. Sincerely, 77~. cyI~~7'J)c1i.ZL~ Mrs. Louise Martin Chainnan IM:~ , fI"\ ' ~,,-I- r '-> Q CITY OF EIXiEWATER OOARD OF ADJUSIMENT PUBLIC HEARING April 23, 1980 Chainnan LDuise Martin called the Public Hearing to order at 7: 00 P. M. in Edgewater City Hall. ROlL CAlL: Mrs. Martin Mrs. Walker Mrs. Kane Mr. Lupinek Mr. Sloan Present Excused Present Present Present The application for a variance was fran Annada Hanes, Inc. for M. and D. Elling and M. LDutrel requesting an eight foot variance on the front setback on the South West corner lot of 28th and Willow Oak to construct a single family dwelling. The legal description is LDts 13145 and 13146, Block 422, Florida Shores Subdivision, Unit 20 as per Map Book 19, Page 240 of the Public Records of Volusia County, Florida. Mr. Lupinek asked if the members had looked over this property. All of the board manbers stated that they had. Mr. Lupinek asked if anyone noticed whether this property was ever posted. Sane of the members thought they saw the paper posted on a tree, but did not go close enough to read it. There was quite a bit of discussion about this. Mr. Lupinek stated that he had been out there several times and it has never been posted. He added that he is going to refuse to vote on this because legally the property should be posted. Mr. Sloan stated that he has to agree. It is not fair to the property owners in the area to do this unless the property was posted. He also went out to the property and knows that it was not posted. A lady representing the Ellings spoke to the board about this not being fair to them. They have a loan carmi tment and are ready to start construction. She asked if the board has ever voted on a variance without property being posted? Mr. Lupinek stated that they have done it in the past, however they said it would not be done again. There was more discussion about this problem. The board feels that sanething has to be done about this, and it was decided to write a letter to the Council. Mrs. Martin explained to the people present that legally the property must be posted for the board to act upon the request. A gentleman fran Annada Hanes, Inc. spoke to the board, that he was told that the property was in fact posted. Mr. Sloan stated that he will vote tonight because he did look over the area, however he wants the record to show that this is the last time regardless of the circumstances that he will vote when the property is not posted. Mrs. Kane and Mr. Lupinek both agreed on this. r -....... '-> u At this time the board mEmbers looked over the drawings of the house. Mrs. Kane explamed that they are not asking to have an eight foot setback, they are asking for an eight foot variance. The setback should be thirty feet and they want to set back twenty two feet. It was clarified that the front of the house is facing Willow Oak. Mr. Inpinek made a motion to accept this variance of eight feet on the property described as lots 13145 and 13146, Block 422, Florida Shores, bemg seconded by Mrs. Kane. The motion CARRIED 4-0. The people present thanked the board. They suggested that perhaps if the applicants are made aware of the fact that their property has to be posted, they would either do it themselves or at least let someone know that it isn't posted. There was more discussion abOlt this. Mr. Lupmek stated that he did let Ci ty Hall know that the property was not posted and it still didn't get posted. It was suggested that when copies of the Public Hearing Notice are mailed to the newspaper and the people requesting the variance; perhaps two copies could be mailed. to the applicant explaining that it has to be posted at least five days prior to the hearing. They could check the property out and post their extra copy if need be. Mrs. Martin is directing; a letter to the Council and she will be at the meetmg Monday night. Mrs. Kane made a motion to adjourn the Public Hearmg and go into the regular meeting, bemg seconded by Mr. Inpinek. The motion CARRIED 4-0. Mrs. Martin ,called the regular meeting of the board to order. Mr. Lupinek made a motion to approve the minutes of the February 27th meeting, bemg seconded by Mrs. Kane. The motion CARl1IED 3-1. Mr. Sloan wasn I t at that meeting. Mrs. Kane asked if the Council did anything about their request for reimburse- ment for travel expenses. Mrs. Martm stated that she went to the Council meeting and discussed this with the Council, they are gomg to think abOlt it. Mrs. Kane suggested that this be called to their attention agam. There was sane discussion about the Mr. Miller who wrote the lengthy letter about the board. The board members wondered whether there was a letter sent back to Mr. Miller. Mrs. Martm read a letter fran the City Attorney requestmg that he be given all the mfonnation ahead of time that the Board of Adjustrrents is acting upon, so that he can be able to advise them and the Ccuncil if necessary. Mrs. Martm stated that she will check and see if this is being done. There was no further business for the board to discuss. Mr. Sloan made a motion to adjourn, being seconded by Mrs. Kane. The motion CARRIED 4-0. -2-