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10-24-1979 ..-.......( '"' ... c.) Q ~/~ CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING OCTOBER 24, 1979 Mr. Glaser called the Public Hearing to order at 7:00 p.m. in the Edgewater City Hall. ROLL CALL Mr. Glaser Mr. Sloan Mr. Gnau Hr. Lupinek Mr. Robison Present Present Present Present Absent Also Present: Mr. & Mrs. Barnes Mr. Glaser started the hearing by calling Mr. Gene Barnes to have a seat before the Board for a discussion of his Special Exception request in the B-3 business zone. This Special Exception is to allow display and sale of small concrete products, tables, birdbaths, etc. on the side yard of his barber shop on U.S.l & Magnolia Avenue. Mr. Glaser said that at the last meeting, September 26th, they discussed whether or not a swearing-in practice should be continued for anyone addressing the Board at a Public Hearing. After talking to the City Attorney, he learned there is no requirement to administer an oath by this Board to anyone appearing before it since it would make no difference in a court of law. Therefore, the Board will dispense with this practice. Mr. Barnes accepted this decision. Mr. Glaser questioned whether the property had been posted? Mr. Barnes said that it had been posted on the building. However, because the notice was against the white building it was difficult to see. Mr. Glaser said that according to the 880 Ordinance (outdoor display, storage or sale of vehicles or other equipment or material) since a Special Exception does not address this use specifically, it can be in- terpreted to be about anything. Mr. Glaser questioned Mr.Barnes about his setback from the highway right-of-way. Mr. Barnes said his building is set back 35', with a possible hang. He intends to put the fence in line with his building. stated that he absolutely meets the 20' sideyard requirement, 21' 4' over- He also as he has Mr. Glaser called for a vote on granting this Special Exception for outdoor storage with a 6' open chain link fence, which has already been approved by the Zoning and Planning Boards. The vote was 4-0 in favor of granting this Special Exception. The Public Hearing was adjourned. REGULAR MEETING Mr. Glaser called for approval of the September 26, 1979 minutes. These minutes will have to be amended to read: Last paragraph on Page 1 should read Mr. Glaser asked if the Board was ready to vote on granting - 1 - < . o Q this 8' variance requested by Mr. Barrett. Also, the second paragraph on Page 2 should read: Two new members were introduced to the Board. These two new members, Mr. Sloan and Mr. Robison, have already been appointed to the Board by a Council resolution. Mr. Gnau made a motion to approve the minutes with changes as noted above. Mr. Lupinek seconded the motion. MOTION CARRIED 4-0. Old Business There was a lengthy discussion of Special Exceptions and variances. The specific exceptions talked about were: Mr. Rickelman (Aikens- used car business), D & A Tire Co., Loescher and Brown's. One of the requirements is a buffer at the back of the buildings. Mr. Glaser said that if stipulated conditions are not complied with, the Building Inspector will give the permittee notice of intention to revoke such permit at least ten (10) days prior to a Board of Adjustment review. After conclusion of the review, the Board may revoke such permit. The Board agreed to send two letters regarding Special Exceptions: Mr. Rickelman and Mr. & Mrs. Loescher. The letters will state that they are not complying with the conditions which were attached to their Special Exceptions. The Board of Adjustments will give them thirty (30) days to comply before taking any further action. New Business Mr. Glaser told the Board, after checking with the City Attorney, it is strictly up to them whether or not they want to continue to sign the Rules & Regulations after reading them over. In the past, the members signed if they agreed with them. Since the signatures are not necessary, he asked the Board how they feel in this regard? Mr. Gnau said that, in his opinion, signatures are not necessary - the only necessity is that the Rules & Regulations be read and members have copies available to them. Mr. Lupinek stated that he feels a member's signature shows his acceptance, after he has read the Rules & Regulations over carefully. Mr. Glaser, after a lengthy discussion, suggested the possibility of adopting By-Laws, spelling out exactly how they want to conduct their meetings. It was agreed this will be taken up at the next meeting. The meeting was adjourned. Minutes submitted by: Nancy Blazi Phyllis Pernice - 2 - .' .' . .~," ~~ o o CITY OF EDGEWATER BOARD OF ADJUSTl1ENTS PUELIC IIEARIlJG OCTOBER 24, 1979 Mr. Glaser called the Public Hearing to order at 7:00 p.m. in the Edgewater City Hall. ROLL CALL Mr. Mr. Mr. Hr. Hr. Glaser Sloan Gnau Lupinek Robison Present Present Present Present Absent Also Present: Mr. & Mrs. Barnes Mr. Glaser started the hearing by calling Mr. Gene Barnes to have a seat before the Board for a discussion of his Special Exception request in the B-3 business zone. This Special Exception is to allow display and sale of small concrete products, tables, birdbaths, etc. on the side yard of his barber shop on U.S.l & Magnolia Avenue. Hr. Glaser said that at the last meeting, September 26th, they discussed whether or not a swearing-in practice should be continued for anyone addressing the Boa~d at a Public Hearing. After talking to the City Attorney, he learned there is no requirement to administer an oath by this Board to anyone appearing before it since it would make no difference in a court of law. Therefore, the Board will dispense with this practice. Mr. Barnes accepted this decision. Mr. Glaser questioned whether the property had been posted? Mr. Barnes said that it had been posted on the building. However, because the notice was against the white building it was difficult to see. Mr. Glaser said that according to the 880 Ordinance (outdoor cisplay, storage or sale of vehicles or other equipment or material) since a Special Exception does not address this use specifically, it can be in- terpreted to be about anything. ~r. Glaser questioned Mr.Barnes about his setback from the highway right-of-way. Mr. Barnes said his building is set back 35', with a possible hang. He intends to put the fence in line with his building. stated that he absolutely meets the 20' siceyard requirement, 21' . 4' over- He also as he has Mr. Glaser called for a vote on granting this Special Exception for outdoor storage with a 6' open chain link fence, which has already been approved by the Zoning and Planning Boards. The vote was 4-0 in favor of granting this Special Exception. The Public Hearing was adjourned. REGULAR MEETING Mr. Glaser called for approval of the September 26, 1979 minutes. These minutes will have to be amended to read: Last paragraph on Page 1 should read Mr. Glaser asked if the Board was ready to vote on granting - 1 - # ., this 8' variance reqUe~ed by Mr. Barrett. Also, ~e second paragraph on Page 2 should read: Two new members were introduced to the Board. These two new members, Mr. Sloan and Mr. Robison, have already been appointed to the Board by a Council resolution. Mr. Gnau made a motion to approve the minutes with changes as noted above. Mr. Lupinek seconded the motion. MOTION CARRIED 4-0. Old Business There was a lengthy discussion of Special Exceptions and variances. The specific exceptions talked about were: Mr. Rickelman (Aikens- used car business), D & A Tire Co., Loescher and Brown's. One of the requirements is a buffer at the back of the buildings. Mr. Glaser said that if stipulated conditions are not complied with, the Building Inspector will give the permittee notice of intention to revoke such permit at least ten (10) days prior to a Board of Adjustment review. After conclusion of the review, the Board may revoke such permit. The Board agreed to send two letters regarding Special Exceptions: Mr. Rickelman and Mr. & Mrs. Loescher. The letters will state that they are not complying with the conditions which were attached to their Special Exceptions. The Board of Adjustments will give them thirty (30) days to comply before taking any further action. New Business Mr. Glaser told the Board, after checking with the City Attorney, it is strictly up to them whether or not they want to continue to sign the Rules & Regulations after reading them over. In the past, the members signed if they agreed with them. Since the signatures are not necessary, he asked the Board how they feel in this regard? Mr. Gnau said that, in his opinion, signatures are not necessary - the only necessity is that the Rules & Regulations be read and members have copies available to them. Mr. Lupinek stated that he feels a member's signature shows his acceptance, after he has read the Rules & Regulations over carefully. I1r. Glaser, after adopting By-Laws, meetings. It was a lengthy discussion, suggested the possibility of spelling out exactly :IOW they v:ant to conduct their agreed this will be taken up at the next meeting. The meeting was adjourned. Minutes submitted by: Nancy Blazi Phyllis Pernice - 2 -