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05-23-1979 ~ ... o (,,) CITY OF EDGEWATER BOARD OF ADJUSTMENT PUBLIC HEARING May 23, 1979 Chairman Millard called the Public Hearing to order at 7:00 P.M. in the Edgewater City Hall. This Public Hearing was a continuation of the application of Mr. Stuppy to build a house on the East side of Riverside Drive at the intersection of Riverside Drive and Orange Ave. ROLL CALL Mr. Millard Mr. Lupinek Mr. Poland Mr. Glaser Mr. Gnau Present Present Present Present Present Also present: Mr. Stuppy Mr. Myers Mrs. Corner Mayor Christy Mr. Millard said that this application was first presented to the Board two meetings ago. The Board was prepared to vote on this application at the last meeting but a couple of questions were raised that effected the Board1s decision to continue this hearing at this time. One of the questions was the possibility of extending a variance for mor.e than one year. The Board has received a communication from the City Attorney that seems to indicate that an extension of more than one year is mentioned in Ordinance 880 as not being desirable and it would require an overwhelming case of unusual and undue hardship in order to provide that kind of relief to anyone. There has been no evidence presented of hardship in this specific application that would warrant consideration of granting a variance beyond the one year period. Mr. Stuppy has requested an extension of from three to five years. He asked the Board members if they wished to make any comments on whether or not the Board should extend a variance over the one year period as it related to this specific application. There were no comments from the Board at this time. Mr. Stuppy said that he and his wife felt that they were having their freedom of choice taken away from them. They should have the right to build when they want to build. Mr. Millard stated that this was not a building permit this is a variance from the zoning law. Mr. Stuppy said that if he did not choose to build for at least three years then this variance would not do him any good. Even if he could reapply, there might be a different Board that would not grant a variance. Mr. Millard asked for a roll call on whether or not the Board would grant a variance for more than one year. The Board voted 5-0 NOT to grant a variance for more than one year. Mr. Millard said that the Board had also discussed whether the non-con- forming status of this lot could be continued from one owner to the next. The answer to that, according to the City Attorney, is yes. Mr. Millard asked that the minutes of the previous meeting be checked to ascertain what variance had been granted. ~ o Q , The Board had approved a 20' side setback to the South of the property and 9,000 sq. ft. There was a question on the length of time the variance would be granted and also whether the variance went with the land, to Mr. Stuppy or possibly to Mr. Myers, the present owner. Mrs. Corner, representative of Indian River Real Estate, requested that the variance be granted to Mr. Myers, as owner of the lot, to go with the lot because Mr. Stuppy does not want to purchase the lot if he cannot get the extended variance. Mr. Poland said that Sec. 904.05 states that unless otherwise specified at the time the variance is granted, the variance applies to the subject property not to the individual who applied. The variance would go with the land. Mr. Millard asked Mr. Stuppy if he had applied for this variance and paid" for the public hearing as a contract purchaser? Mr. Stuppy answered yes. The purchase was contingent on getting the variance. Mr. Millard reminded the Board that they had also discussed a possible rear setback. Mr. Stuppy said that he did not care whether he got extra room in the back because without an extended variance he would not be buying the property. It would be up to Mr. Myers to decide if this extra room would be desirable for any future building there. Mr. Millard asked if Mr. Stuppy was withdrawing his application. This would make the granting of any variances null and void. Mr. Stuppy said that he would not withdraw his application. Mr. Gnau suggested that they reduce the 30' to 251 in the rear setback. This would make up for the area taken from the slde. Mr. Poland said that he did not believe the Board granted variances without seeing the house plans. Mr. Millard said that in this case we could use the line that has been drawn on there. There was more discussion about the rear setback. Mr. Millard asked for a vote on granting a rear setback of 251 from the mean hi'gh water mark. The Board voted 4-1 to grant this setback. Mr. Poland voted NO. These variances would run with the property. The variances would be in effect for one year. Mrs. Corner told the Board that she had brought information on the approval of a sea wall for property next to Mr. Myers property. This was granted by the State. The public hearing was adjourned. Mr. Millard asked Mayor Christy if he would tell the Board the status of the requests that were made to install buffer zones behind various commercial buildings. The Board questions whether or not it is worth the time to pass these variances and special exceptions if they are not going to be enforced. Mayor Christy asked the secretary to send a letter to the Building Official aSking him for a written report on the status of these requests for buffer zones. There was a discussion about whether all commercial property should have a buffer zone or only those businesses that were established after 880. 2 ., o o . ~ Mayor Christy said that we should get an opinion from the attorney on this. Mr. Millard said that these buffer zones would be to the benefit of the City and its 'residents. We need to make Edgewater more attractive to encourage more business.but we must have certain regulations enforced. Mayor Christy complimented the Board on the work they were doing. Mr. Millard requested that the secretary send a letter to the Mayor and City Council concerning the reappointment of Mr. Clarence Gnau. The Board of' Adjustment recommends that the Council consider reappointing Mr. Gnau for a full term. There was no further business before the Board. Mr. Glaser asked why the Zoning Board granted variances for subdivisions? Mr. Millard said that the subdivision ordinance gives the Zoning Bd. the power to grant these variances but that they must use Ord. 880 as a guideline. The meeting was adjourned. Minutes submitted by: Nancy Blazi 3 ,r . Q o \. ~'. CITY OF EDGEWATER BOARD OF ADJUSTMENT PUBLIC HEARING ~1ay 23,1979 Chairman Millard called the Public Hearing to order at 7:00 P.M. in the Edgiwater City Hall. This Public Hearing was a continuation of the application of Mr. Stuppy to build a house on the East side of Riverside Drive at the intersection of Riverside Drive and Orange Ave. ROLL CALL Mr. Millard Mr. Lupinek ~1 r . Pol and Mr. Glaser ~1r.. Gnau Present Present Present Present Present Also present: Mr. Stuppy Mr. Myers Mrs. Corner r~ayor Chri sty Mr. Millard said that this application was first presented to the Board two meetings ago. The Board was prepared to vote on this application at the last meeting but a couple of questions were raised that effected the Board's decision to.continue this hearing at this time. One of the questions was the possibility of extending a variance for more than one year. The Board has received a communication from the City Attorney that seems to indicate that an extension of more than one year is mentioned in Ordinance 880 as not being desirable and it would require an overwhelming case of unusual and undue hardship in order to provide that kind of relief to anyone. There has been no evidence presented of hardship in this specific application that would warrant consideration of granting a variance beyond the one year period. Mr. Stuppy has requested an extension of from three to five years. He asked the Board members if they wished to make any comments on whether or not the Board should extend a variance over the one year period as it related to this specific application. There were no comments from the Board at this time. Mr. Stuppy said that he and his wife felt that they were having their freedom of choice taken away from them. They should have the right to build when they want to build. Mr. Millard stated that this was not a building permit this is a variance from the zoning law. Mr. Stuppy said that if he did not choose to build for at least three years then this variance would not do him any good. Even if he could . reapply, there might be a different Board that would not grant a variance. Mr. Millard asked for a roll call on whether or not the Board would grant a variance for more than one year. The Board voted 5-0 NOT to grant a variance for more than one year. Mr. Millard said that the Board had also discussed whether the non-con- forming status of this lot could be continued from one owner to the next. The answer to that, according to the City Attorney, is yes. Mr. Millard asked that the minutes of the previous meeting be checked to ascertain what variance had been granted. o o The Board had approved a 20' side setback to the South of the property and 9,000 sq. ft. There was a question on the length of time the variance would be granted and also whether the variance went with the land, to Mr. Stuppy or possibly to Mr. Myers, the present owner. Mrs. Corner, representative of Indian River Real Estate, requested that the variance be granted to Mr. Myers, as owner of the lot, to go with the lot because Mr. Stuppy does not want to purchase the lot if he cannot get the extended variance. Mr. Poland said that Sec. 904.05 states that unless otherwise specified at the time the variance is granted, the variance applies to the subject property not to the individual who applied. The variance would go with the land. Mr. Millard asked Mr. Stuppy if he had applied for this variance and paid- for the public hearing as a contract purchaser? Mr. Stuppy answered yes. The purchase was contingent on getting the variance. Mr. Millard reminded the Board that they had also discussed a possible rear setback. Mr. Stuppy said that he did not care whether he got extra room in the back because without an extended variance he would not be buying the property. It would be up to Mr. Myers to decide if this extra room would be desirable for any future building there. Mr. Millard asked if Mr. Stuppy was withdrawing his application. This would make the granting of any variances null and void. Mr. Stuppy said that he would not withdraw his application. Mr. Gnau suggested that they reduce the 30' to 25' in the rear setback. This would make up for the area taken from the side. Mr. Poland said that he did not believe the Board granted variances without seeing the house plans. Mr. Millard said that in this case we could use the line that has been drawn on there. There was more discussion about the rear setback. Mr. Millard asked for a vote on granting a rear setback of 251 from the mean high water mark. The Board voted 4-1 to grant this setback. Mr. Poland voted NO. These variances would run with the property. The variances would be in effect for one year. Mrs. Corner told the Board that she had brought information on the approval of a sea wall for property next to Mr. Myers property. This was granted by the State. The public hearing was adjourned. Mr. Millard asked Mayor Christy if he would tell the Board the status of the requests that were made to install buffer zones behind various commercial buildings. The Board questions whether or not it is worth the time to pass these variances and special exceptions if they are not going to be enforced. Mayor Christy asked the secretary to send a letter to the Building Official asking him for a written report on the status of these requests for buffer zones. There was a discussion about whether all commercial property should have a buffer zone or only those businesses that were established after 880. ? ;,. (.) o Mayor Christy said that we should get an opinion from the attorney on this. Mr. Millard said that these buffer zones would be to the benefit of the City and its residents. \~e need to make Edgewater more attractive to encourage more business:but we must have certain regulations enforced. Mayor Christy complimented the Board on the work they were doing. Mr. Millard requested that the secretary send a letter to the Mayor and City Council concerning the reappointment of Mr. Clarence Gnau. The Board of Adjustment recommends that the Council consider reappointing Mr. Gnau for a full term. There was no further business before the Board. Mr. Glaser asked why the Zoning Board granted variances for subdivisions? Mr. Millard said that the subdivision ordinance gives the Zoning Bd. the power to grant these variances but that they must use Ord. 880 as a guideline. The meeting was adjourned. Minutes submitted by: Nancy Blazi :)