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04-25-1979 " ". u o CITY OF EDGEWATER BOARD OF ADJUSTMENT April 25, 1979 Chairman Kenneth Millard called the Board of Adjustment meeting to order at 7:00 P.M. in City Hall. ROLL CALL Mr. Millard Mr. Lupinek Mr. Poland Mr. Gnau Mr. Glaser Present Present Present Present Excused Mr. Millard asked if Mr. Akeley had been notified of the expiration of his variance on property on S. Riverside Dr. The Secretary said that the Building Official had been notified and a letter was also sent to Mr. Akeley. Mr. Millard requested that this letter be followed up with a phone call to be sure that Mr. Akeley is aware that the variance for a single family dwelling with specified setbacks is no longer in effect. Mr. Millard also requested that a letter be sent to the Building Official concerning a buffer between Mr. Cameron's property and Mr. Weisenberger1s property. Mr. Gnau and Mr. Lupinek have tried to check out the used car business on N. Ridgewood that he being run by Mr. Rickelman. They reported that it appears as if Mr. Rickelman may be going out of business. There is only one car left on the lot. Mr. Millard also asked that the Building Official notify the Board of Adjustment of the progress that is being made in the request for more buffer zones between commercial and residential in the city. Mr. Millard said that the meeting tonight was to reconvene the meeting of March 28, 1979 concerning the application of Mr. Robert Stuppy to build a single family dwelling on the east side of Riverside Drive. Mr. Stuppy was present and also Mr. Canfield and Miss Corner who represented Indian River Real Estate. Mr. Myers, present owner of the property was also present. Mr. Canfield presented the Board with a more carefully drawn site plan showing where the house would be located in connection with the property lines. Mr. Poland said that he had two major concerns about building on this lot. As time goes by, the public will be increasingly restricted from access to the river. The Park and Pier will not be sufficient to handle the increase in population as a recreation area and boat launching place. The City may have to make use of these right-of-ways they presently own east of Riverside Dr. for public use. This would mean that Mr. Stuppy's house would only have a 161 side setback on the Orange Ave. side of his property. The other point which he has stated innumerable times is that he does not feel this is a safe building lot because the property is not large enough. There is adequate submerged land for the State to be approached for a bulkhead and fill permit. This would not only protect Riverside Dr. but would also protect their investment. He would rather see a variance on the front on Riverside Dr. then on the rear setback. ~ Q Q \ I Mr. Lupinek said that he also felt that the side would be too close to Orange Ave. right of way. He also felt that this was a very large house on a narrow lot. Mr. Millard said that the Board has established that this is a lot of record. He believes that the Board should maintain the front setback. He added that this area is extremely vulnerable to winds, rains, high tides, etc. that constantly washes away the fill. Mr. Canfield protested about the position that the Board was taking on advising applicants on whether they should or should not build on Riverside Dr. He believed the Board should determine setbacks and area variances. Mr. Millard said that Mr. Canfield1s protest would be noted for the record. However, the problem the owner or prospective builder is facing is that there is not enough land to build according to the zoning and that is because quite a bit of this land is under water so that the problems of building along the east side on the river are pertinent to this present hearing. The side facing Orange Ave. should have a setback of at least 201. This is an existing lot of record and the man is entitled to a reasonable use of his property. . The required area is 12,000 sq. ft. Mr. Canfield said that the survey shows about 19,000 sq. ft. It does not say the land has to be so many square feet above water, it just says square foot of lot. Mr. Millard said that the Board had already pointed out that they only deal in dry land. It appears as if there are only 9,000 sq. ft. You would need a variance on the area. Mr. Canfield said that Mr. Stuppy would like to build a house approximately 2200 sq. ft. That is a nice decent sized home for the community. The 141 setback that they requested would not interfere with the use of Orange Ave. by the City as a possible park or boat launching area. There was a discussion about the size of the house and the garage. Mr. Lupinek said that he did not think that they should go any less than 20' on the side setback. Mr. Millard suggested that the members consider a variance for a 20' side setback and an area variance from the required 12,000 sq. ft. to 9,000 sq. ft. Mr. Stuppy asked how long the variance would be good for? Mr. Millard said that they would not give it for more than one year. Mr. Poland suggested the possibility of placing the house differently on the lot. Mr. Millard called for a vote on the 201 side setback and the 9,000 sq. ft. area variance. The vote was 3 to 1 to grant these variances. Mr. Poland voted NO. There was a discussion about a bulkhead. "Mr. Stuppy said that he believed permits were being issued to build bulkheads. Mr. Millard swore Mr. Stuppy in and asked him if he was planning to build his own house on this land for his own use? Mr. Stuppy said that yes he was going to build for his own use. Mr. Millard asked if he was planning to build for resale? Mr. Stuppy said that no he was not, at this time. 2 'I o o l Mr. Millard asked when was the earliest that construction could be started. Mr. Stuppy said that he did not plan to build for at least three to five years. He doesn't own this land right now, Mr. Myers owns this land. The contract to purchase is based on getting this adjustment. Mr. Millard said that he believed it would be a bad precedent to grant a variance for the length of time requested by Mr. Stuppy. If there was any extension over a year, he suggests that the variance would be restricted to the applicant and not to the land. The variance would be only for Mr. Stuppy's use on this land. Mr. Poland said that if on the last day of the variance, a permit was issued, the permit would be good for a year which would mean he could extend it out for two years. Mr. Millard said that he believed there was only one time that they gave a longer period of time than one year. Mr. Stuppy said that he did .not understand why there was a time limit. He said that as long as he kept the property looking well he didn't think it could hurt anything. Mr. Millard said that it might be possible to come back each year to renew a variance. The Board agreed that this would not be a good precedent to set and that some time limit should be set on the variances. Mr. Poland pointed out that Mr. Myers who owns the land now could build on it because it was a lot of record before 880 but that Mr. Stuppy or anyone who bought the land would have to have a variance. Mr. Stuppy said that he lived in So. Daytona and that is where his business is. He did not intend to build down here. for at least five years. Mr. Millard said that possibly the Board should check with the City Attorney on this. They have a tentative vote on granting the variance but they cannot pass that until they have decided on a time limit and if there is a restriction on to whom the variance is granted whether it goes with the land, or to Mr. Stuppy or possibly to M~. Myers, the ~resent owner. He would like to research with the Attorney the problem of an existing non-conforming lot a fl €I: the faG tit hat i tis ; e xis tin g but you can s t ill b u i 1 don i t. D 0 variances go with any purchaser? If this were three lots, they would not have the right to build on a less than standard lot, they could break it up only into standard lots but here we have one lot that does not conform and there is no question of breaking it up so possibly it carries. He suggested that the Board recess this until next month so that they have time to review the oroblem , . Mr. Canfield asked if the problem was whether or not a variance was transferrable? Mr. Poland said that also there was the problem of a 3 to 5 year time 1 imit. Mr. Stuppy said that he has bought other pieces of land for example in t~e Co~n~y and he got a variance over five years ago and there is no tlme llmlt. He still does not understand why the Board cannot grant him the time limit he has requested. Mr. Millard said that there are certain criteria in the zoning laws that must be met. The problem is to whom is this variance being gr~nted and for how long. He feels that the Board needs to study thls.more c~refully and therefore, as Chairman he is recessing this meetlng untll May 23, 1979. ' The meeting was recessed. 3 Minutes submit~7dB~~ii , .' Q o CITY OF EDGEWATER BOARD OF ADJUSTMENT April 25, 1979 Chairman Kenneth Millard called the Board of Adjustment meeting to order at 7:00 P.M. in City Hall. ROLL CALL Mr. Millard Mr. L u p i n.e k Mr. Poland Mr. Gnau Mr. Gl aser Present Present Present Present Excused Mr. Millard asked if Mr. Akeley had been notified of the expiration of his variance on property on S. Riverside Dr. _ The Secretary said that the Building Official had been notified and a letter was also sent to Mr. Akeley. Mr. Millard requested that this letter be followed up with a phone call to be sure that Mr. Akeley is aware that the variance for a single family dwelling with specified setbacks is no longer in effect. Mr. Millard also requested that a letter be sent to the Building Official concerning a buffer between Mr. Cameron's property and Mr. Weisenberger's property. Mr. Gnau and Mr. Lupinek business on N. Ridgewood reported that it appears business. There is only have tried to check out the used car that he being run by Mr. Rickelman. as if Mr. Rickelman may be going out one car left on the lot. They of Mr. Millard also asked that the Building Official notify the Board of Adjustment of the progress that -is be-ing made in- the request for more buffer zones between commercial and residential in the city. Mr. Millard said that the meeting tonight was to reconvene the meeting of March 28, 1979 concerning the application of Mr. Robert Stuppy to build a single family dwelling on the east side of Riverside Drive. Mr. Stuppy was present and also Mr. Canfield and Miss Corner who represented Indian River Real Estate. Mr. Myers, present owner of the property was also present. Mr. Canfield presented the Board with a more carefully drawn site plan showing where the house would be located in connection with the property lines. Mr. Poland said that he had two major concerns about building on this lot. As time goes by, the public will be increasingly restricted.,. from access to the river. The Park and Pier will not be sufficient to handle the increase in population as a recreation area and boat ' launching place. The City may have to make use of these right-of-ways they presently own east of Riverside Dr. for public use. This would mean that Mr. Stuppy's house would only have a 16' side setback on the Orange Ave. side of his property. The other point which he has stated innumerable times is that he does not feel this is a safe building lot because the property is not large enough. There is adequate submerged land for the State to be approached for a bulkhead and fill permit. This would. not only protect Riverside Dr. but would also protect their investment. He would rather see a variance on the front on Riverside Dr. then on the rear setback. o o Mr. Lupinek said that he also felt that the side would be too close to Orange Ave. right of way. He also felt that this was a very large house on a narrow lot. Mr. Millard said that the Board has established that this is a lot of record. He believes that the Board should maintain the front setback. He added that this area is extremely vulnerable to winds, rains, high tides, etc. that constantly washes away the fill. Mr. Canfield protested about the position that the Board was taking on advising applicants on whether they should or should not build on Riverside Dr. He believed the Board should determine setbacks and area variances. ~ Mr. Millard said that Mr". Canfield's protest would be noted for the record. However, the problem the owner or prospective builder is facing is that there is not enough land to build according to the zoning and that is because quite a bit of this land is under water so that the problems of building along the east side on the river are pertinent to this present hearing. The side facing Orange Ave. should have a setback of at least 20'. This is an existing lot of record and the man is entitled to a reasonable use of his property. " The required area is 12,000 sq. ft. Mr. Canfield said that the survey shows about 19,000 sq. ft. It does not say the land has to be so many square feet above water, it just says square foot of lot. Mr. Millard said that the Board had already pointed out that they only deal in dry land. It appears as if there are only 9,000 sq. ft. You would need a ~ariance on the area. Mr. Canfield said that Mr. Stuppy would like to build a house approximately 2200 sq. ft. That is a nice decent sized home for the community. The 141 setback that they requested would not interfere with the use of Orange Ave. by the City as a possible park or boat launching area. There was a discussion about the size of the house and the garage. Mr. Lupinek said that he did not think that they should go any less than 20' on the side setback. Mr. Millard suggested that the members consider a variance for a 20' side setback and an area variance from the required 12,000 sq. ft. to 9,000 sq. ft. Mr. Stuppy asked how long the variance would be good for? Mr. Millard said that they would not give it for more than one year. Mr. Poland suggested the possibility of placing the house differently on the lot. Mr. Millard called for a vote on the 20' side setback and the 9,000 sq. ft. area variance. The vote was 3 to 1 to grant these variances. Mr. Poland voted NO. There was a discussion about a bulkhead. Mr. Stuppy said that he believed permits were being issued to build bulkheads. Mr. Millard swore Mr. Stuppy in and asked him if he was planning to build his own house on this land for his own use? Mr. Stuppy said that yes he was going to build for his own use. Mr. Millard asked if he was planning to build for resale? Mr. Stuppy said that no he was not, at this time. 2 (.) o .. Mr. Millard asked when was the earliest that construction could be started. Mr. Stuppy said that he did not plan to build for at least three to five years. He doesn't own this land right now, Mr. Myers owns this. land. The contract to purchase is based on getting this adjustment. Mr. Millard said that he believed it would be a bad precedent to grant a variance for the length of time requested by Mr. Stuppy. If there was any extension over a year, he suggests that the variance would be restricted to the applicant and not to the land. The variance would be only for M~. Stuppy's use on this land. Mr. Poland said that if on the last day of the variance, a permit was issued, the permit would be good for a year which would mean he could extend it out for two years. Mr. Millard said that he believed there was only one time that they gave a longer period of time than one year. Mr. Stuppy said that he did not understand why there was a time limit. He said that as long as he kept the property looking well he didn't think it could hurt anything. Mr. Millard said that it might be possible to come back each year to renew a variance. The Board agreed that this would not be a good precedent to set and that some time limit should be set on the variances. Mr. Poland pointed out that Mr. Myers who owns the land now could build on it because it was a lot of record before 880 but that Mr. Stuppy or anyone who bought the land would have to have a variance. Mr. Stuppy said that he lived in So. Daytona and that is where his business is. He did not intend to build down here. for at least five years. Mr. Millard said that possibly the Board should check with the City Attorney on this. They have a tentative vote on granting the variance but they cannot pass that until they have decided on a time limit and if there is a restriction on to whom the variance is granted whether it goes with the land, or to Mr. Stuppy or possibly t6 M~~ Myers, the ~resent owner. He would like to research with the Attorney the problem of an existing non-conforming lot a I"l d: the faG t't hat i tis : e xis tin g but you can s t ill b u i 1 don i t. Do variances go with any purchaser? If this were three lots, they would not have the right to build on a less than standard lot, they could break it up only into standard lots but here we have one lot that does not conform and there is no question of breaking it up so possibly it carries. He suggested that the Board recess this until next month so that they have time to review the Drob1em . . Mr. Canfield asked if the problem was whether or not a variance transferrable? was Mr. Poland said that also there was the problem of a 3 to 5 year t' limit. 1me ~r. Stuppy said that he has bought other pieces of land for example 1n t~e Co~n~y and he got a variance over five years ago and there is no t1me.11m1t.. He still does not understand why the Board cannot grant h1m the time limit he has requested. Mr. Millard said that there are certain criteria in the zoning laws that must be met. The problem is to whom is this variance being gr~nted and for how long. He feels that the Board needs to study th1S more carefully and therefore as Chairman, he . meeting until May 23, 1979.' is recess1ng this Th~ m~ptinq wa~ rprpc~prl 3 Mi nutf'S sllbmitt,edD9Y ~~