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03-14-1979 . -. w ~ CITY OF EDGEWATER BOARD OF ADJUSTMENTS WORKSHOP March 14, 1979 Chairman Kenneth Millard called the Board of Adjustments Workshop to order at 7:00 P.M. in City Hall. ROLL CALL Mr. ~1illard Mr. Lupinek ~1r. Poland Mr. Gnau ~.1r. Glaser Present Present Present Present Present The Board reviewed the applications that will be presented at the next Public Hearing of the Board of Adjustments. Thomas Loveland requesting a variance for enlarging a bathroom. The Board checked the information in the application. The Board decided that there was sufficient information in the application for submittal at the Public Hearing. Mr. Jacques Swart requesting a variance to build a house on Parkwood. Mr. Fredericks is listed as representative for Mr. Swart at the hearing. The Board agreed that the application was complete. The Board discussed revising the application for a public hearing to allow for more information. The present application was taken from the one that the County uses and some of the information required on the form does not apply to applications to the Edgewater Zoning Board or Board of Adjustments. It was suggested that the secretary contact New Smyrna Beach to obtain a copy of the application forms they use. Mr. R. Stuppy was the next application the Board reviewed. Mr. Stuppy wants a variance to build on the east side of Riverside Drive at the end of Orange Ave. The Board decided that they needed a drawing (to scale) of where Mr. Stuppy plans to put the single family house on this property. The secretary will contact Mr. Stuppy to request that he provide the Board with this drawing. The final application was from Mr. and Mrs. Loescher who want a Special Exception to operate a used car lot on S~ Ridgewood. The Board of Adjustments had sent a list of questions to Mr. and Mrs. Loescher regarding the property and the proposed business. Mr. Millard remarked that the questions have all been answered and there appeared to be complete information for the Board. The Board agreed that no additional information was needed. The Board discussed the time period granted with variances. The 880 ordinance states that a variance should be used within one year from date of issue. The secretary was requested to check on some variances that have been granted but not used to find out if the variances had expired. The Board discussed some violations regarding special exceptions that have been granted. The Board agreed that it may be necessary for them to check these violations more thoroughly and report them to the Building Enforcement Official. The Board also discussed the number of used car lots that appear to be operating without a Special Exception. The Board talked"about the special conditions that are placed on Special Exceptions to try and keep some control over certain types of businesses, specifically used car lots. These conditions are not being met .and this should also be brought to the attention of the Building Enforcement Official. . - u o Mr. Glaser said that the Zoning Board had written to the Council requesting that certain zoning violations be checked into by the Building Official specifically buffer zones and employee parking areas. There is a problem concerning businesses that were grandfathered in and may not have to comply with Ordinance 880. The question was raised whether or not the Council could amend 880 to require buffer zones between all commercial areas and abutting residential zones. Mr. Glaser said that he believed the present Council was showing more interest in enforcing the ordinance. If the Boards call their attention to these violations, it is possible that more will be done to correct the situation than has been done in the past. The Board discussed establishing some quidelines for granting special exceptions for used car lots. Mr. Millard said that they need to follow a list of work rules that give the Board some idea of what they need to know before they can make a decision on granting special exceptions. There was a discussion about what kind of conditions should and can be attached to special exceptions. Mr. Glaser said that if the Board decided on some guidelines, for their own information, they should let the applicants know what these guidelines are so that the applicant can be prepared to answer the Board when he appears for the hearing on a special exception. Mr.'i'Poland said.:that \'Ie could have a situation where applicants for used car lots met all the criteria or even surpassed the criteria and agreed with and met all conditions imposed by the Board. It is possible that the City could end up with a large number of used car lots. Even if they are all kept in perfect condition and meet all regulations, when do we say no to another used car lots. The special exception was put on used car lots to control them but how can we control them if the Council does not let the Board know wnat kind of controls they want. It might be better to restrict the number of used car lots. Mr. Gnau said he did not think this would be constitutional. Mr. Glaser said that previous Councils as well as the present Council have made statements about running business out of town because of the restrictions in 880. However, the Council has not done anything to change 880. Maybe the Boards should sit down with the Council and go over 880 and find out what changes the Council wanted. Regardless of what changes are made, there will still be problems with a zoning ordinance because it is impossible to zone areas without putting in something someone doesn't want or leaving out something that someone else wants. Mr. Poland said that the Council should either outlaw used car lots or make them a permitted use. If they want controls on them then they must create some guidelines. The Board is not elected to make those decisions. Mr. Millard said that we still should establish auidelines for the Board to follow in determining special exceptions. The 880 ordinance says that the Board of Adjustments can attach such conditions as it may deem necessary to accomplish the objectives and spirit and intent of the ordinance. He asked the Board to review the list of suggested guidelines and make corrections or additions. The Board will set up some of these guidelines to help them in making decisions on each -individual application. Mr. L u pin e k s aid t hat h e and Mr. G n a u w 0 u 1 d d 0 s 0 m e c h e c kin g 0 n. p 1 ace s ~'L-t\ that have been granted special exceptions or variances to see if they are complying with all the conditions. J' ,/ 17-/ The Workshop was adjourned. ~~~~.~.~ Minutes submitted by: ~ ~ ~"~ ~~-V ~ f- Nancy Blazi 2 ~ u v ~ CITY OF EDGEWATER BOARD OF ADJUSTMENTS WORKSHOP March 14, 1979 Chairman Kenneth Millard called the Board of Adjustments Workshop 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 Present The Board reviewed the applications that will be presented at the next Public Hearing of the Board of Adjustments. Thomas Loveland requesting a variance for enlarging a bathroom. The Board checked the information in the application. The Board decided that there was sufficient information in the application for submittal at the Public Hearing. Mr. Jacques Swart requesting a variance to build a house on Parkwood. Mr. Fredericks is listed as representative for Mr. Swart at the hearing. The Board agreed that the application was complete. The Board discussed revising the application for a public hearing to allow for more information. The present application was taken from the one that the County uses and some of the information required on the form does not apply to applications to the Edgewater Zoning Board or Board of Adjustments. It was suggested that the secretary contact New Smyrna Beach to obtain a copy of the application forms they use. Mr. R. Stuppy was the next application the Board reviewed. Mr. Stuppy wants a variance to build on the east side of Riverside Drive at the end of Orange Ave. The Board decided that they needed a drawing (to scale) of where Mr. Stuppy plans to put the single family house on this property. The secretary will contact Mr. Stuppy to request that he provide the Board with this .drawing. The final application was from Mr. and Mrs. Loescher who want a Special Exception to operate a used car lot on S: Ridgewood. The Board of Adjustments had sent a list of questions to Mr. and Mrs. Loescher regarding the property and the proposed business. Mr. Millard remarked that the questions have all been answered and there appeared to be complete information for the Board. The Board agreed that no additional information was needed. The Board discussed the time period granted with variances.. The 880 ordinance states that a variance should be used within one year from date of issue. The secretary was requested to check on some variances that have been granted but not used to find out if the variances had expired. The Board discussed some violations regarding special exceptions that have been granted. The Board agreed that it may be necessary for them to check these violations more thoroughly and report them to the Building Enforcement Official. The Board also discussed the number of used car lots that appear to be operating without a Special Exception. The Board talked'about the special conditions that are placed on Special Exceptions to try and keep some control over certain types of businesses, specifically used car lots. These conditions are not being met .and this should also be brought to the attention of the Building Enforcement Official. ~. ~ u o Mr. Glaser said that the Zoning Board had written to the Council requesting that certain zoning violations be checked into by the Building Official specifically buffer zones and employee parking areas. There is a problem concerning businesses that were grandfathered in and may not have to comply with Ordinance 880. The question was raised whether or not the Council could amend 880 to require buffer zones between all commercial areas and abutting residential zones. Mr. Glaser said that he believed the present Council was showing more interest in enforcing the ordinance. If the Boards call their attention to these violations, it is possible that more will be done to correct the situation than has been done in the past. The Board discussed establishing some quidelines for granting special exceptions for used car lots. Mr. Millard said that they need to follow a list of work rules that give the Board some idea of what they need to know before they can make a decision on granting special exceptions. There was a discussion about what kind of conditions should and can be attached to special exceptions. Mr. Glaser said that if the Board decided on some guidelines, for their own information, they should let the applicants know what these guidelines are so that the applicant can be prepared to answer the Board when he appears for the hearing on a special exception. Mr.i'Poland said~that we could have a situation where applicants for used car lots met all the criteria or even surpassed the criteria and agreed with and met all conditions imposed by the Board. It is possible that the City could end up with a large number of used car lots. Even if they are all kept in perfect condition and meet all regulations, when do we say no to another used 'car lots. The special exception was put on used car lots to control them but how can we control them if the Council does not let the Board know wnat kind of controls they want. It might be .better' to restrict the number of used car lots. Mr. Gnau said he did not think this would be constitutional. Mr. Glaser said that previous Councils as well as the present Council have made statements about running business out of town because of the restrictions in 880. However, the Council has not done anything to change 880. Maybe the Boards should sit down with the Council and go over 880 and find out what changes the Council wanted. Regardless of what changes are made, there will still be problems with a zoning ordinance because it is impossible to zone areas without putting in something someone doesn't want or leaving out something that someone else wants. . Mr. Poland said that the Council should either outlaw used car lots or make them a permitted use. If they want controls on them then they must create some guidelines. The Board is not elected to make those decisions. Mr. Millard said that we still should establish auidelines for the Board to follow in determining special exception~. The 880 ordinance says that the Board of Adjustments can attach such conditions as it may deem necessary to accomplish the objectives and spirit and intent of the ordinance. He asked the Board to review the list of suggested guidelines and make corrections or additions. The Board will set up some of these guidelines to help them in making decisions on each'individual application. Mr. Lupinek said that he and Mr. Gnau would do some checking on places that have been granted special exceptions or variances to see if they are complying with all the conditions. The Workshop was adjourned. Minutes submitted by: Nancy Blazi 2