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09-26-1979 ~~.. ... u ~ ~~ 7 u CITY OF EDGEWATER BOARD OF ADJUSTMENTS REGULAR MEETING SEPTEMBER 26, 1979 Mr. Glaser called the meeting to order at 7:00 p.m. in the Edgewater City Hall. ROLL CALL Mr. Glaser Present Mr. Gnau Present Mr. Lupinek Present Mr. Sloan Present Mr. Robison Present Also Present: Hr. Opal Mr. Diamond !1r. Armstrong Mr. Glaser started the meeting by stating that the Board had recessed last month's Public Hearing and this was a continuation of that hearing, regarding Mr. Perry Barrett's application for a variance on his property to construct a building to be used for offices and miniwarehouses, zoned B-2 by Ordinance 70~0-18. He stated that one of the questions at the last Board meeting was whether the adjoining property owners to the East were notified of the hearing? It was established that an attempt was made to notify Mira Bella Alfonse, 192 Whittle, Bloomfield, New Jersey upon receipt of the un-opened letter. Mr. Glaser described the property: located at Guava, the first street East of the railroad in Florida Shores, south to the Boulevard. The property to the rear of this property is zoned B-2; property adjacent East is zoned residential, separated by an alleyway from Indian River Blvd. to 19th Street. Mr. Glaser brought up the question concerning the B-2 zoning, which states the building can cover no more than 30% of the land, and the proposed building covers approximately 40%. He asked if the dimensions of the building were changed? Mr. Barrett said that the dimensions had been changed: 10' setback on each side, 32' back on the property line. Mr. Glaser questioned whether the stipulation in the B-2 zoning (the first 10' of the front yard to be landscaped rather than used for off-street parking) would be agreeable with Hr. Barrett? Mr. Barrett replied this would be agreeable to him. Mr. Glaser said the B-2 Ordinance 10' x 20' area for rear parking. from the submitted drawing, that being utilized as a parking area specifies a 20' backyard and He further stated that it appeared, the 20' rear-yard requirement was for the miniwarehouses. There was a lengthy discussion on these zoning requirements. Mr. Lupinek questioned why original variance applications are not presented to the Board; also requested the Board should have letters and minutes one week or sooner in advance. Mr. Glaser made a motion that the Board of Adjustments approve this 8' variance requested by Mr. Barrett. Upon roll call, the MOTION CARRIED 5-0. ~ \ ~ o Mr. Glaser recommended writing a letter to the City Council, stating the results of this meeting - granting of the 8' variance. The Regular Meeting was called to order at 7:45 p.m., at which time, two new members wer~ ~- on the Board: Mr. Sloan and Mr. Robison. ~ Mr. Glaser, for the benefit of the new Board members, explained their functions: they go by the 880 Ordinance (Section 900) which spells out how this ordinance is administered. Mr. Barrett was excused from the meeting at this time. Mr. Glaser continued with his explanation of the Board of Adjustments duties: when a person requests a variance, they study the conditions for special exceptions. Also, they interpret the zoning laws where there are questions of zoning boundries. The Board discussed, in length, their operation and considerations of variances presented to them. The next order of business was the approval of the August 22, 1979 minutes. Mr. Glaser called for approval. Minutes were approved 5-0. Mr. Gnau questioned whether or not it would be appropriate for the Board to send congratulatory letters to former Board members, thanking them for their years of service? Mr. Glaser informed Mr. Gnau and the Board members that when someone. resigns from a Board, the City Council sends them a letter. When a Board member's term expires, it is not the procedure to send a letter to that person. Mr. Gnau questioned whether or not it was necessary, as in the past, to distribute minutes to all Board members? Mr. Glaser suggested that he, as Board of Adjustments Chairman, filter out that part of the minutes to be discussed. In the case of a Public Hearing requiring a variance or public exception, an application form is sent to the Board of Adjustments. Mr. Lupinek said that the Board used to receive a copy of the City map, showing in color that portion of the property in question, and suggested that this would still be very helpful in the future. Mr. Glaser said he would send a list of what they would like to see with regards to the case in question. This information would be sent to the Board members for location identity. Mr. Glaser stated that in the past when there was a Public Hearing, anyone addressing the Board (a Quasijudicial Board) was sworn in. He asked the Board members whether or not this practice should be continued? Mr. Robison replied that it would stand up better in court if the person was sworn in. There was a lenghthy discussion on this. Mr. Glaser said he would talk with the City Attorney, Mr. Woods, to check on this. Mr. Lupinek said he was very disappointed in the lack of help to enforce Buffer Zone requirements. Mr. Gnau said that once the Board laid down the rules and reasons for providing a special exception (Buffer Zones or whatever) where they do not comply with the 880 Ordinance, it is up to the proper City authorities to take it from there. Mr. Glaser pointed out that most special exceptions have been used car lots (the original 880 Zoning Ordinance does not specify where new or used car lots would be permitted in the City zones). It is up to the Board whether that use will meet a number of criteria. - 2 - .. o o One of the conditions that the Board of Adjustments tries to enforce on special exceptions is that they provide some sort of buffer between used car lots and residential areas. He further stated that the one thing that no one eVer complied with on a special exception has been the rear buffer Zone. Mr. Glaser explained that the Board could request a Public Hearing if they don't comply with the spe cified criteria, and their license to operate could be taken away. If the City council takes this up, there is no question about it. At the next meeting there will be another discussion, as the Zoning Board has discussed some criteria for new and used Car lots as an "acCepted" use, with certain stipu- lations. Mr. Sloan questioned where a letter would be sent from (this Board, the City Councilor Police Department) informing the used car lot dealer of his violation? Mr. Diamond said this would come from the BUilding Official, who is the designated zoning enforcer official to revoke a special exception. Actually, if the Board is to revoke a special exception, they should notify the BUilding Official of intent (giving owner ten days notice prior to review by the Board). Then, the Board of Adjustments reviews the case to see if he complies. If he does not, at conclusion of meeting, the Board can revoke his special exception. Mr. Opal, a member of the Zoning Board, said that he wants copies of everything; he thinks each Board member should receive all necessary paper Work - not just the Chairman _ he wants the paper work before the meeting. Mr. Glaser asked the Board to look over the Board of Adjustments Rules & Regulations. In the past, they have been asked to read them over and sign them. He questioned the Board as to whether or not they Wanted to continue to do this? He said the Board would make a decision at the next meeting. Mr. Sloan questioned where he could obtain a copy of the Southern Standard Building Codes & Ordinances? Mr. Diamond told him this could be obtained from the Building Official. The meeting was adjourned. Minutes submitted by: Phyllis Pernice - 3 - I '\ / ,', I 11J~ :"Q CITY OF EDGEWATER o BOARD OF ADJUSTMENTS REGULAR MEETING SEPTEMBER 26, 1979 Mr. Glaser called the meeting to order at 7:00 p.m. Edgewater City Hall. in the 1 , \ ROLL CALL Mr. Glaser Mr. Gnau Mr. Lupinek Mr. Sloan Mr. Robison Present Present Present Present Present Also Present: Hr. Opal Mr. Diamond Hr. Armstrong Mr. Glaser started the meeting by stating that the Board had recessed last month's Public Hearing and this was a continuation of that hearing, regarding Mr. Perry Barrett's application for a variance on his property to construct a building to be used for offices and miniwarehouses, zoned B-2 by Ordinance 70~0-18. He stated that one of the questions at the last Board meeting was whether the adjoining property owners to the East were notified of the hearing? It was established that an attempt was made to notify Mira Bella Alfonse, 192 Whittle, Bloomfield, New Jersey upon receipt of the un-opened letter. Mr. Glaser described the property: located at Guava, the first street East of the railroad in Florida Shores, south to the Boulevard. The property to the rear of this property is zoned B-2; property adjacent East .is zoned residential, separated by an alleyway from Indian River Blvd. to 19th Street. Mr. Glaser brought up the question concerning the B-2 zoning, which states the building can cover no more than 30% of the land, and the proposed building covers approximately 40%. He asked if the dimensions of the building were changed? Mr. Barrett said that the dimensions had been changed: 10' setback on each side, 32' back on the property line. Mr. Glaser questioned whether the stipulation in the B-2 zoning (the first 10' of the front yard to'be landscaped rather than used for off-street parking) wo~ld be ~greeable with Mr. Barrett? Mr. Barrett replied this would be agreeable to him. Mr. Glaser said the B-2 Ordinance 10' x 20' area for rear parking. from the submitted drawing, that being utilized as a parking area specifies a 20' backyard and He further stated that it appeared, the 20' rear-yard requirement was for the miniwarehouses. There was a lengthy discussion on these zoning requirements. Mr. Lupinek questioned why original variance applications are not presented to the Board; also requested the Board should have letters and minutes one week or sooner in advance. Mr. Glaser made a motion that the Board of Adjustments approve this 8' variance requested by Mr. Barrett. Upon roll call, the MOTION CARRIED 5-0. } ," ~ o Mr. Glaser recommended writing a letter to the City Council, stating the results of this meeting - granting of the 8' variance. The Regular Meeting was called to order at 7:45 p.m., at which time, two new members were admitted on the Board: Mr. Sloan and. Mr. Robison. Mr. Glaser, for the benefit of the new Board members, explained their functions: they go by the 880 Ordinance (Section 900) which spells out how this ordinance is administered. Mr. Barrett was excused from the meeting at this time. Mr. Glaser continued with his explanation of the Board of Adjustments duties: when a person requests a variance, they study the conditions for special exceptions. Also, they interpret the zoning laws where there are questions of zoning boundries. The Board discussed, in length, their operation and considerations of variances presented to them. The next order of business was the approval of the August 22, 1979 minutes. Mr. Glaser called for approval. Minutes were approved 5-0. Mr. Gnau questioned whether or not it would be appropriate for the board to send congratulatory letters to former Board members, thanking them for their years of service? Mr. Glaser informed Mr. Gnau and the Board members that when someone resigns from a Board, the City Council sends them a letter. When a Board member's term expires, it is not the procedure to send a letter to that person.. Mr. Gnau questioned whether or not it was necessary, as in the past, to distribute minutes to all Board members? Mr. Glaser suggested that he, as Board of Adjustments Chairman, filter out that part of the minutes to be discussed. In the case of a Public Hearing requiring a variance or public exception, an application form is sent to the Board of Adjustments. Mr. Lupinek said that the Board used to receive a copy of the City map, showing in color that portion of the property in question, and suggested that this would still be very helpful in the future. Mr. Glaser said he would send a list of what they would like to see with regards to the case in question. This information would be sent to the Board. members for location identity. Mr. Glaser stated that in the past when there was a Public Hearing, anyone addressing the Board (a Quasijudicial Board) was sworn in. He asked the Board members whether or not this practice should be continued? ~, :1 I ! Mr. Robison replied that it would stand up better in court if the person was sworn in. There was a lenghthy discussion on this. Mr. Glaser said he would talk with the City Attorney~ Mr. Woods, to check on this. Mr. Lupinek said he was very disappointed in the lack of help to enforce Buffer Zone requirements. Mr. Gnau said that once the Board laid down the rules and reasons for providing a special exception (Buffer Zones or whatever) where they do not comply with the 880 Ordinance, it is up to the proper City authorities to take it from there. Mr. Glaser pointed out that most special exceptions have been used car lots (the original 880 Zoning Ordinance does not specify where new or used car lots would be permitted in the City zones). It is up to the Board whether that use will meet a number of criteria. 2 - . , J , o o One of the conditions that the Board of Adjustments tries to enforce on special exceptions is that they provide some sort of buffer between used car lots and residential areas. He further stated that the one thing that no one ever complied with on a special exception has been the rear buffer zone. Mr. Glaser explained that the Board could request a Public Hearing if they don't comply with the spe dfied criteria, and their license to operate could be taken away. If the City Council takes this up, there is no question about it. At the next meeting there will be another discussion, as the Zoning Board has discussed some criteria for new and used car lots as an "accepted" use, with certain stipu- lations. Mr. Sloan questioned where a letter would be sent from (this Board, the City Councilor Police Department) informing the used car lot dealer of his violation? Mr. Diamond said this would come from the Building Official, who is the designated zoning enforcer official to revoke a special exception. Actually, if the Board is to revoke a special exception, they should notify the Building Official of intent (giving owner ten days notice prior to review by the Board). Then, the Board of Adjustments reviews the case to see if he complies. If he does not, at conclusion of meeting, the Board can revoke his special exception. Mr. Opal, a member of the Zoning Board, said that he wants copies of everything; he thinks each Board member should receive all necessary paper work - not just the Chairman - he wants the paper work before .the meeting. Mr. Glaser asked the Board to look over the Board of Adjustments Rules & Regulations. In the past, they have been asked to read them over and sign them. He questioned the Board as to whether or not they wanted to continue to do this? He said the Board would make a decision at the next meeting. Mr. Sloan questioned where he could obtain a copy of the Southern Standard Building Codes & Ordinances? Mr. Diamond told him this could be obtained from the Building Official. The meeting was adjourned. Minutes submitted by: Phyllis Pernice ~. - 3 -