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08-22-1979 ~, ~ u ~ CITY OF EDGEWATER /- BOARD OF ADJUSTMENTS AUGUST 22, 1979 Chairman Millard called the Board of Adjustments meeting to order at 7:15 P.M., August 22, 1979. ROLL CALL: Mr. Millard Mr. Lupinek Mr. Glaser Mr. Poland Mr. Gnau Present Present Present Present Excused Also present were Perry Barrett, Tommy Kane. Chairman Millard asked if the board members had the opportunity to read the minutes of the July 25th meeting, and if so if there were any changes. He added that he has a few minor corrections to be made by the clerk. He stated t~at if there are no further corrections that the minutes will be accepted as they are. Chairman Millard stated that the board has an application from Mr. Perry Barrett. He asked Mr. Barrett to stand and raise his right hand to be sworn in. He explained that this is the same as a Judicial Hearing, the members are individual and they are obliged by law to vote and express their individual judgements. Chairman Millard asked the clerk if this was advertised properly. The clerk stated yes. Chairman Millard asked if registered letter were mailed out. The clerk stated yes. Chairman Millard asked if there were answers to those registered letters. The clerk stated that she was told that all of the property owners were notified and that is honestly all she knows. Chairman Millard stated that this will have to be left open and between this time and the next meeting it can be confirmed that the property owner to the east of this property was notified properly. He asked if the property was posted? The clerk stated that she does not know. Mr. Barrett stated that there is a post on the property. Chairman Millard stated that there is no audience present at this meeting. Do any members of the board object to hearing this case. There being no objections, he proceeded. He asked Mr. Barrett if he is the owner of the property. Mr. Barrett stated that not presently, it is owned by Ernest Wheaton and he is under contract to buy the property if he can build a warehouse that he would like to build. He stated that he owns the property north of the property in question. " u o Mr. Barrett stated that he would not build anything there that would bring his property value down. Chairman Millard asked what is on the property that he now owns. Mr. Barrett stated that an office and warehouse is there. Chairman Millard asked if there were any questions from the board members. Mr. Poland pointed out that B2 stipulates that the building can not occupy more than 30% of your land and according to his calcolations this proposed building occupies 40% of the available land space. We would also need a variance for the area of the building. Chairman Millard stated that this is not mentioned on the application. Mr. Poland asked if Mr. Barrett was aware that there was a 30% stipulation? Mr. Barrett stated that actually he wasn't, but he knew that he was working with a substandard size lot and that is why we needed a set back variance. There was discussion among the board members about the lot size. Mr. Poland said that the other question he has is about the alley to the rear of the building. Is that, in fact, a dedicated alley, dedicated by the City? Mr. Barrett stated that his survey shows that it is. Chairman Millard stated that he talked with Mr. Murphy, the Building Official for the City, and he said that the only thing they have were the plans Magnuson had drawn up and that there was an alley shown there. He did not say whether it was dedicated. Mr. Poland stated that they have never dealt with an alley before. Mr. Glaser spoke to the board about a situation in the past, which involved an alley and the City was asked about it; he believes a Public Hearing was held and the City vacated the alley at the request of Magnuson. Mr. Poland stated that this raises a couple of interesting points, in view of the fact that he plans his entry to the rear through this alley, in a large part the whole project hinges on whether or not the City recognizes this alley. Chairman Millard stated that these are very good points. Mr. Barrett said that the building he owns now, Ponderosa Homes, is the same situation with the alley in the rear. He has been told by the City before to keep using that alley and not to worry about it. Mr. Glaser stated that he had the same question about the entry to the rear of the property. The other question he has, on page 1600 of the Code under B-2 it states that minimum yard size, front yard 40 feet. That is why he is asking for the variance. It also says that the first ten feet of the front yard can not be used for off street parking, instead the space shall be used for landscaping. -2- r ~ . ~ o Chairman Millard stated that the minimum parking space required is 10 by 20 feet, and you need to have enough turn around area. Chairman Millard added that he would like to clear something up about the alley. When you are using an alley for your busi- ness, in the Ordinance it puts the burden on you to grade it and maintain it. It is not the responsibility of Edgewater, whoever told you that was not informed. The Ordinance also calls for off street parking and loading areas. The board members looked over the plans with Mr. Barrett and discussed the parking requirements as set out in the Ordinance. Chairman Millard asked Mr. Barrett if he was prepared to grade and maintain that alley? Mr. Barrett stated yes he was,from the boulevard south to the southern property line of the property in question. Chairman Millard stated that his yard is only 20 feet, the alley is the only additional space there is, and he is thinking that if this alley is maintained and graded, the total space of the alley and the yard would be enough. In other w0rds, the space is technically there, however it is not complying with the letter of this Ordinance, but that is what the board is for, to adjust these things. Chairman Millard went over all the specifications and requir~- ments in the B-2 districts, going over each step with Mr. Barrett. They went over Mr. Barrett's plans again. It was explained that he was trying to put too much on the land that is available. Chairman Millard stated that the Board of Adjustments goes by the basic rule that is an applicant for relief from an Ordinance or law can not claim undue hardship if his problem is caused by his own actions. The problem here is caused by the desire to overbuild the space that you have; you have created your own problem. He did suggest that Mr. Barrett follow up on the alley, and see if he can get that property. This way he will have more to work with. Mr. Barrett said that he didn't know if he was going to do that, he does, however, feel that this proposed building of his would be an asset to the neighborhood, where someone can come in and build within the requirements but not have as nice a building. He would like to keep the alley the way it is. The board discussed the changes that could be made to Mr. Barrett's proposal so that he could build on this property. Chairman Millard explained that this is not their responsibility, however they are trying to be helpful. Chairman Millard stated that it is his intention to recess this meeting until our next regular meeting, adding that when this meeting is adjourned Mr. Glaser will be the Chairman. Mr. Lupinek asked the men who are about to leave this board to stay on until we clear this case up. Chairman Millard stated that we will discuss that later because we are not finished with the applicant. -3- , ~ u Q There was more discussion with Mr. Barrett, suggesting that he not give up on his idea, but bring back a proposal that would comply more with the requirements. Chairman Millard stated that this Public Hearing is now recessed until the next regularly scheduled Board of Adjust- ments Public Hearing next month we will now continue with our administrative and executive meeting. Mr. Poland stated that he has enjoyed being on the board with the gentlemen. Chairman Millard stated that he has had no further communica- tions with Mr. Judson Woods on the research he is going to do on the law about buffers. Chairman Millard stated that he will be available for any background or reference material the board members may need. Mr. Glaser stated that he was informed a few days after our last meeting that the vote that we took appointing a chairman and vice chairman was illegal, this person is supposed to be an expert on Roberts Rules of Order. If this is the case, something should be done. Chairman Millard stated that Ordinance 880 states that the Board of Adjustments will establish it's own rules of procedure. We all signed these rules when we became members, and it is specifically stated that we do not follow Roberts Rules of Order, we do it our way as listed and agreed upon. Chairman Millard stated that this meeting has come to an end and is adjourned unanimously. -4- .. /, r '7.'''Z-- 0... 0.. . CITY OF EDGEWATER BOARD OF ADJUSTMENTS ./ AUGUST 22, 1979 Chairman Millard called the Board of Adjustments meeting to order at 7:15 P.M., August 22, 1979. ROLL CALL: Hr. Millard Mr. Lupinek Mr. Glaser Hr. Poland Hr. Gnau Present Present Present Present Excused Also present were Perry Barrett, Tommy Kane. Chairman Millard asked if the board members had the opportunity to read the minutes of the July 25th meeting, and if so if there were any changes. He added that he has a few minor corrections to be made by the clerk. He stated that if there are no further corrections that the minutes will be accepted as they are. Chairman Millard stated that the board has an application from Hr. Perry Barrett. He asked Mr. Barrett to stand and raise his right hand to be sworn in. He explained that this is the same as a Judicial Hearing, the members are individual and they are obliged by law to vote and express their individual judgements. Chairman Hillard asked the clerk if this was advertised properly. The clerk stated yes. Chairman Millard asked if registered letter were mailed out. The clerk stated yes. Chairman Millard asked if there were answers to those registered letters. The clerk stated that she was told that all of the property owners were notified and that is honestly all she knows. ~. Chairman Hillard stated that this ",,Till have to be left open and between this time and the next meeting it can be confirmed that the property owner to the east of this property was notified properly. He asked if the property was posted? The clerk stated that she does not know. Mr. Barrett stated that there is a post on the property. Chairman Millard stated that there is no audience present at this meeting. Do any members of the board object to hearing this case. There being no objections, he proceeded. He asked Mr. Barrett if he is the owner of the property. Mr. Barrett stated that not presently, it is owned by Ernest Wheaton and he is under contract to buy the property if he can build a warehouse that he would like to build. He stated that he owns the property north of the property in question. . . o o Mr. Barrett stated that he would not build anything there that" would bring his property value down. Chairman Millard asked what is on the property that he now owns. Mr. Barrett stated that an office and warehouse is there. Chairman Millard asked if there were any questions from the board members. Mr. Poland pointed out that B2 stipulates that the building can not occupy more than 30% of your land and according to his calculations this proposed building occupies 40% of the available land space. We would also need a variance for the area of the builaing. Chairman Millard stated that this is not mentioned on the application. Mr. Poland asked if Mr. Barrett was aware that there was a 30% stipulation? Hr. Barrett stated that actually he wasn't, but he knew that he was working with a substandard s,ize lot and that is why we needed a set back variance. There was discussion among the board members about the lot size, Mr. Poland said that the other to the rear of the building. dedicated by the City? question he has is about the alley Is that, in fact, a dedicated alley, Mr, Barrett stated that his survey shows that it is. Chairman Millard stated that he talked with Mr. Murphy, the Building Official for the City, and he said that the only thing they have were the plans Magnuson had drawn up and that there was an alley shown there. He did not say whether it was dedicated. Mr. Poland stated that they have never dealt with an alley before. Mr. Glaser spoke to the board about a situation in the past, which involved an alley and the City was asked about it; he believes a Public Hearing was held and the City vacated the alley at the request of Magnuson. Mr. Poland stated that this raises a couple of interesting points, in view of the fact that he plans his entry to the rear through this alley, in a large part the whole project hinges on whether .. or not the City recognizes this alley. Chairman Millard stated that these are very good points. Mr. Barrett said that the building he owns now, Ponderosa Homes, is the same situation with the alley in the rear. He has been told by the City before to keep using that alley and not to worry about it. Mr. Glaser stated that, he had the same question about the entry to the rear of the property. The other question he has, on page 1600 of the Code under B-2 it states that minimum yard size, front yard 40 feet. That is why he is asking for the variance. It also says that the first ten feet of the front yard can not be used for off street parking, instead the space shall be used for landscaping. -2- r . # o o Chairman Millard stated that the minimum parking space required is 10 by 20 feet, and you need to have enough turn around area.' Chairman Millard added that he would like to clear something up about the alley. When you are using an alley for your busi- ness, in the Ordinance it puts the burden on you to grade it and maintain it. It is not the responsibility of Edgewater, ~hoever told you that was not informed. The Ordinance also calls for off street parking and loading areas. The board members looked over the plans with Mr. Barrett and discussed the parking requirements as set out in the Ordinance. Chairman Millard asked Mr. Barrett if he was prepared to grade and maintain that alley? Mr. Barrett stated yes he was,from the boulevard south to the southern property line of the property in question. Chairman Millard stated that his yard is only 20 feet, the alley is the only additional space there is, and he is thinking that if this alley is maintained and graded, the total space of the alley and the yard would be enough. In other words, the space is technically there, however it is not complying with the letter of this Ordinance, but that is what th~ board is for, to adjust these things. Chairman Millard went over all the specifications and require- ments in the B-2 districts, going over each step with Mr. Barrett. They went over Mr. Barrett's plans again. It was explained that he was trying to put too much on the land that is available. Chairman Millard stated that the Board of Adjustments goes by the basic rule that is an applicant for relief from an Ordinance or law can not claim undue hardship if his problem is caused by his own actions. The problem here is caused by the desire to overbuild the space that you have; you have created your own problem. He did suggest that Mr. Barrett follow up on the alley, and see if he can get that property. This way he wil~ have more to work with. Mr. Barrett said that he didn't know if he was going to do that, he does, however, feel that this proposed building of his would be an asset to the neighborhood, where someone can come in and build within the requirements but not have as nice a building. He would like to keep the alley the way it is. .... The board discussed the changes that could be n,ade to Mr. Barrett's proposal so that he could build on this property. Chairman Millard explained that this is not their responsibility, however they are trying to be helpful. Chairman Millard stated tbat it is his intention to recess this meeting until our next regular meeting, adding that when this meeting is adjourned Mr. Glaser will be the Chairman. Mr. Lupinek asked the men who are about to leave this board to stay on until we clear this case up. Chairman Millard stated that we will discuss that later because we are not finished with the applicant. -3- N. · " Q o There was more discussion with Mr. Barrett, he not give up on his idea, but bring back would comply more with the requirements. suggesting that a proposal that Chairman Millard stated that this Public Hearing is now recessed until the next regularly scheduled Board of Adjust- ments Public Hearing next month we will now continue with our administrative and executive meeting. Mr. Poland stated that he has enjoyed being on the board with the gentlemen. Chairman Millard stated that he has had no further communica- tions with Mr. Judson Woods on the research he is going to do on the law about buffers. Chairman Millard stated that he will be available for any background or reference material the board members may need. Mr. Glaser stated that he was informed a few days after our last me~ting that the vote that we took appointing a chairman and vice chairman was illegal, this person is supposed to be an expert on Roberts Rules of Order. If this is the case, something should be done. Chairman Millard stated that Ordinance 880 states that the Board of Adjustments will establish it's own rules of" procedure. We all signed these rules when we became members, and it is_ specifically stated that we do not follow Roberts Rules of Order, we do it our way as listed and agreed upon. Chairman Millard stated that this meeting has come to an end and is adjourned unanimously. -4-