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02-28-1979 ~ . (J Q CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING February 28, 1979 Chairman Kenneth Millard called the Board of Adjustments Public Hearing to order at 7:00 P.M. in the Edgewater City Hall. ROLL CALL Kenneth Mill ard James Poland Clarence Gnau William Glaser Lewis Lupinek Also Present: Present Excused Present Present Present ~1 r. H a r old B r 0 ~I n Mr. Ed Weisenberger Mr. Jim Cameron Mrs. Hill Mr. and Mrs. Shaffer Mrs. Salmon Mr. Frank Opal Mr. Paul Leoffler Mayor Rbbert Christy Councilman Neil Asting The Board Hearing. were both Hearings. approved the minutes of the January 24, 1979 Public The applications presented at the January Public Hearing recessed. This meeting was a continuation o~ the Public The first application was from Mr. Ed Weisenberger who has requested an interpretation by the Board of Adjustments for the boundary lines separating B-3 from R-3 on his property on Coquina Dr. According to Mr. Weisenberger most of the property is zoned B-3 and a small portion is zoned R-3. The original request was to have the entire property zoned B-3. However, Mr. Weisenberger said that he would abide by the decision of the Board as long as he could have a single zoning for the property. Mr. Millard said that the Board had received a memo from the Zoning Board recommending that the property be zoned R-3 because regardless of where the line actually is, it will not cover the whole property and three different measurements still bring the line between B-3 and R-3 through the property. The area in question is primarily residential and a B-3 zoning will impair the character of the neighborhood. The Board also read a letter from Mr. and Mrs. Escolano who live at 113 Coquina Dr. The letter stated that the Escolano's and their neighbors did not want a commercially zoned lot next to their property. The Board studied the map presented by Mr. Diamond which showed the new measurements and the boundary lines. Mr. Weisenberger said that he wanted clarification of this zoning so that he would be able to sell the property if he desired. Mr. James Cameron, owner of his property is adjacent to . is part of Eastern Shores. in question should be zoned Eastern Shores Mobile Park, said that Mr. Wei senberger" s property and so Mr. Cameron stated that the property R-3 because it is a residential area. Mr. Millard questioned Mr. Cameron about his abutting property. He told Mr. Cameron that since some of that property was B-3, if Mr. Weisenberger's property is zoned R-3 it would be necessary for Mr. Cameron to put up a buffer fence between the two properties. u ~ The Board studied the zoning map to try and determine where the zoning line was in comparison to the survey maps of the property. Mr. Millard also called attention to the fact that there appeared to be open storage in an unfenced area on Mr. Cameron's property. He suggested that this storage be fenced and covered. The line appeared to go along the east side of Mr. Weisenberger's property and the Board concurred that this was the intent of the zoning. Mr. Millard told Mr. Weisenberger that virtually all of the North line of the property abuts against B-3 zoned property. If anything is built on that abutting property, Mr. Weisenberger has the right to ask that an opaque fence be put up between the properties. Mr. Millard asked the Board to vote on Mr. Weisenberger1s application for clarification of the zoning of his property. The property, legally described as the East:75 feet of'the West 400 feet Lot 7 Hatch's Homestead Map Bk 3 and South 15 feet of said property subject to easement for r/w purposes is clarified by the Board of Adjustments to be zoned R-3: The Board voted 4-0 to recommend to the Council that a resolution be drawn up zoning Mr. Weisenberger's property R-3. Mr. Weisenberger' s Public Hearing was adjourned. The next application was a continuation of the Public Hearing for Mr. Harold Brown. Mr. Brown has applied for a Special Exception to establish a Used Car Lot on Lot 2 Unser Subdivision Map Book 19 Page 295 Volusia County records. Mr. Millard reminded Mr. Brown that he was still under oath from the recessed Public Hearing. Mr. Brown said that he had not received the list of additional information the Board of Adjustment required concerning the used car lot. Mr. Millard said that this was an unfortunate error and that Mr. Murphy was supposed to give this list to Mr. Brown. Mr. Brown said that Mr. Murphy had given him the list just this afternoon. Mr. Millard said that they would go over the list and hopefully most of the questions could be answered by Mr. Brown without further delay. The Board established that the used car lot would be located on Lot 2. Mr. Brown owns the land surrounding this lot. Mr. Brown said that he doubted he would use the entire lot for cars especially the space towards the back of the lot. At the present time, there are a lot of trees on that part of the lot. Mr. Brown will have to put in an access driveway onto Lot 2. There is a driveway next to the already established Air Conditioning business. This driveway goes all the way through to Neptune but it has been blocked off with railroad ties to prevent people using is as a thoroughfare. Mr. Millard asked about a State license. Mr. Brown said that he needed a Citv License first however, the State has approved the site of the used car business and will issue a license after he has received a license from the City. Mr. Millard asked if the lot would be paved? Mr. Brown said that he had no plans to pave this lot at the present time. The Board discussed the small building that Mr. Brown proposes to put on the lot. 2 Q ~ The Board discussed the possible effects on air and water pollution drainage, increase in noise level due to repairs and testing of engines. Mr. Brown said that there would be no repairs done on the property except possibly changing a tire or a battery. Mr. Millard asked how hours of operation. Mr. Brown said that probably it would be from 9:00 a.m. to 9:00 p.m. six (6) days a week. The lights would be left on until closing and then there would probably be some light for the protection of the property. Mr. Glaser said that the State requires used car dealers to be licensed, pay a fee.and certify that this is the principal business at the specific location that is approved by the State. They must also post a $5,000.00 bond, credit report and provide a lease agreement if the property is leased. Mr. Millard asked Mr. Brown if he knew whether or not all the used car lots on U.S. 1 were licensed by the State? Mr. Brown said that he did not know about this. Mr. Millard said that there were seven (7) used car lots in Edgewater and one (1) just south of Edgewater City limits. Edgewater Garage - Montesano - South end of town. o & A Tire Store - used cars Loescher Used Cars - has applied for Special Exception Brown's - application pending for Special Exception Reed Motors - used car lot Rickelman1s Used Car Lot - approved for Special Exception by Board. All American Auto - used car lot Selman's ised cars, near Nice Place So. of Edgewater. Mr. Millard commented on these businesses and the fact that actually only one is presently operating with approval for the Special Exception granted by the Board and the City Council. The Board also noted apparent violations at Reed Motors - no buffer or screening in back. Rickelman's no screening in back as stated in the granting of his Special Exception. All American Auto - no screening in back. Mr. Gnau said that he felt someone should be enforcing the regulations of 880. Members of the audience commented on the drainage problem in back of Mr. Brown's business. The water runs off into Neptune St. If Mr. Brown blacktops any more of his property the situation will only get worse. Mayor Christy spoke and said that he would go out to the area in question tomorrow with the Street Superintendent and see if something can be done to alleviate this situation. The members of the audience also complained about the junk behind Mr. Brown1s air conditioning business. They would like some kind of fence to screen this from view. They would also like some screening around the used car lot. Mr. Brown said that he believed sooner or later all the area on U.S. 1 would be paved and somebody better take a good look at the drainage problem to the areas behind the commercial district. Mr. Millard said that the Board was immediately concerned with the problem of the used car lots in Edgewater. Obviously, since it is under Special Exceptions in B-3, there is a desire to control the number of these lots in the City. However, it is still necessary to protect the rights of the individual to use his property to the best advantage commercially. 3 Q (.) It is necessary for the Board of Adjustments to balance the needs of the community and the objectives of the laws with the individual.s right to a reasonable use of his land. Mr. Millard asked Mr. Brown why a used car lot was the only use, out of all the permitted uses in B-3, that he has chosen for use on Lot 2? He has chosen a business that requires regulations. Mr. Brown said that at the present time, it seemed to be the best business for that area. He is asking for the right to operate a business as he sees fit. The Board agreed that the following conditions would be attached to any approval for a used car lot on Mr. Brown's property (Lot 2). 1. The side yard would be 20. from property line for any building. The building must, of course, contain proper restroom facilities. 2. A new access driveway must be built from U.S. 1 onto the property. 3. The back of the lot should be properly screened either by an opaque fence or plant materials"and a 10 ft. grass strip,buffer. 4. The operating hours of the used car business will be from 9:00 a.m. to 9:00 p.m. six days a week. 5. All lights, except those necessary for police protection, will be out by 9:00 a.m. 6. Drainage will be checked by Building Department so that the present water run-off problem will not be increased. 7. There will be no storage of parts, junk cars, tires, etc. all! storage of these items will be enclosed and out of sight. 8. The business must be in operation within one year of the granted approval. The Board of adjustments voted 4-0 to grant the Special Exception for a used car lot to Mr. Brown subject to the above conditions. The Board agreed that there was little enforcement of many of the zoning regulations primarily the buffer zone between commercial and residential property. It was suggested that Mr. Brown might also consider putting a fence or screening behind his air conditioning business to enhance the view of the residents behind his property. The Board will hold a workshop to discuss further the question of used car lots in Edgewater and the enforcing of the zoning regulations and the various conditions that have been placed by the Board of Adjustments on Speci'al" Exceptions and vari ances. Mr. Millard thanked Mr. Brown for his cooperation and patience during the process of approving the Special Exception. The meeting was adjourned. Minutes submitted by: Nancy Blazi 4 u o ~ \ CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING February 28, 1979 Chairman Kenneth Millard called the Board of Adjustments Public Hearing to order at 7:00 P.M. in the Edgewater City Hall. ROLL CALL Kenneth Millard James Poland Clarence Gnau William Glaser Lewis Lupinek Also Present: Present Excused Present Present Present Mr. Harold Brown Mr. Ed Weisenberger Mr. Jim Cameron Mrs. Hill Mr. and Mrs. Shaffer Mrs. Salmon Mr. Frank Opal Mr. Paul Leoffler Mayor Rbbert Christy Councilman ~eil Asting The Board Hearing. were both Hearings. approved the minutes of the January 24, 1979 Public The applications presented at the January Public Hearing recessed. This meeting was a continuation o~ the Public The first application was from Mr. Ed Weisenberger who has requested an interpretation by the Board of Adjustments for the boundary lines separating B-3 from- R-3 on his property on Coquina Dr. According to Mr.- Weisenberger most of the property is zoned B-3 and a small portion is zoned R-3. The original request was to have the entire property zoned B-3. However, Mr. Weisenberger said that he would abide by the decision of the Board as long as he could have a single zoning for the property. Mr. Millard said that the Board had received a memo from the Zoning Board recommending th~t the property be zoned R-3because regardless of where the line actually is, it will ,not cover the whole property and three different measurements still bring the line between B-3 and R-3 through the property. The area in question is primarily residential and a B-3 zoning will impair the character of the neighborhood. The Board also read a letter from Mr. and Mrs. Escolano who live at 113 .Coqui-na Ore. - The letter stated that the Escolano'sand their neighbors did not want a commercially zoned lot next to their property. The Board studied the map presented by Mr. Diamond which showed the new measurements and the boundary lines. Mr. Weisenberger said that he wanted clarification of this zoning so that he would be able to sell the property if he desired. Mr. James Cameron, owner of his property is adjacent to - is part of Eastern Shores. in question should be zoned Eastern Shores Mobile Park, said that Mr. WeisenbergerJs property and so Mr. Cameron stated that the property R-3 because it is a residential area. Mr. Millard questioned Mr. Cameron about his abutting property. H e told Mr. C a mer 0 nth a t sin c e s 0 m e 0 f t hat pro per t y was B-3, i. f Mr. Weisenberger's property is zoned R-3 it would be necessary for Mr. Cameron to put up a buffer fence between the two properties. u o r The Board studied the zoning map to try and determine where the zoning line was in comparison to the survey maps of the property. Mr. Millard also called attention to the fact that there appeared to be open storage in an unfenced area on Mr. Cameron's property. He suggested that this storage be fenced and covered. The line appeared to go along the east side of Mr. Weisenberger1s property and the Board concurred that this was the intent of the zoning. Mr. Millard told Mr. Weisenberger that virtually all of the North line of the property abuts against B-3 zoned property. If anything is built on that abutting property, Mr. Weisenberger has the right to ask that an opaque fence be put up between the properties. Mr. Millard asked the Board to vote on Mr. Weisenberger's application for clarification of the zoning of his property. The property, legally described as the East:75 feet.of the West 400 feet Lot 7 Hatch's Homestead Map Bk 3 and South 15 feet of said property subject to easement for r/w purposes is clarified by the Board of Adjustments to .be zoned R-3. The Board voted 4-0 to recommend to the Council that a resolution be drawn up zoning Mr. Weisenberger's property R-3. . Mr. Weisenberger' s Public Hearing was adjourned. The next application was a continuation of the Public Hearing for Mr. Harold Brown. Mr. Brown has applied for a Special Exception to establish a Used Car Lot on Lot 2 Unser Subdivision Map Book 19 Page 295 Volusia County records. Mr. Millard reminded Mr. Brown that he was still under oath from the recessed Public Hearing. Mr. Brown said that he had not received the list of additional information the Board of Adjustment required concerning the used car lot. Mr. Millard said that this was an unfortunate error and that M~. Murphy was supposed to give this list to Mr. Brown. Mr. Brown said that Mr. Murphy had given him the list just this afternoon. Mr. Millard said that they would go over the list and hopefully most of the questions could be answered by Mr. Brown without further delay. The Board established that the used car lot would be located on Lot 2. Mr. Brown owns the land surrounding this lot. Mr. Brown said that he doubted he would use the entire lot for cars especially the space towards the back.of the lot. At the present time, there are a lot of trees on that part of the lot. Mr. Brown will have to put in an access driveway onto Lot 2. There is a driveway next to the already established Air Conditioning business. This driveway goes all the way through t6 Neptune but it has been blocked off with railroad ties to prevent people using is as a thoroughfare. Mr. Millard asked about a State license. Mr. Brown said that he needed a City License first however, the State has approved the site of the used car business and will issue a license after he has received a license from the City. Mr..Millard asked if the lot would be paved? Mr. Brown said that he had no plans to pave this lot at the present time. The Board discussed the small building that Mr. Brown proposes to put on the lot. ~~ - Q o .. The Board discussed the possible effects on air and water pollution drainage, increase in noise level due to repairs and testing of engines. Mr. Brown said that there would be no repairs done on the property except possibly changing a tire or a battery. Mr. Millard asked how hours of operation. Mr. Brown said that probably it would be from 9:00 a.m. to 9:00 p.m. six (6) days a week. The lights would be left on until closing and then there would probably be some light for the protection of the property. .Mr. Glaser said that the State requires used car dealers to be licensed, pay a fee.and certify that this is the principal business at the specific location that is approved by the State. They must also post a $5,000.00 bond, credit report and provide a lease agreement if the property is leased. Mr. Millard asked Mr. Brown if he knew whether or not all the used car lots on U.S. 1 were licensed by the State? Mr. Brown said that he d.id not know about this. Mr. Millard said that there were seven (7) used car lots in Edgewater and one (1) just south of Edgewater City limits. Edgewater Garage - Montesano - South end of town. D & A Tire Store - used cars Loescher Used Cars - has applied for Special Exception Brown's - application pending for Special Exception Reed Motors - used car lot Rickelman's Used Car Lot - approved for Special Exception by Board. All American Auto - used car lot Selman's ised cars, near Nice Place So. of Edgewater. Mr..Millard commented on these businesses and the fatt that actually only one is presently operating with approval for the Special Exception granted by the Board and the City Council. The Board also noted apparent violations at Reed Motors - no buffer or screening in back. Rickelman's no screening in back as stated in the granting of his Special Exception. All American Auto - no screening in back. Mr. Gnau said that he felt someone should be enforcing the regulations of 880. Members of the audience commented-on the drainage problem in back of Mr. Brown's business. The water runs off into Neptune St. If Mr. Brown blacktops any more of his property the situation will only get worse. Mayor Christy spoke and said that he would go out to the area in question tomorrow with the Street Superintendent and see if something can be done to -alleviate this situation. The members of the audience also complained about the junk behind Mr. Brown's air conditioning business. They would like some kind of fence to screen this from view. They would also like some screening around the used car lot. Mr. Brown said that he believed sooner or later all the area on U.S. 1 would be paved and somebody better take a good look at the drainage problem to the areas behind the commercial district. Mr. Millard said that the Board was immediately concerned with the problem of the used car lots in Edgewater. Obviously, since it is under Special Exceptions in B-3, there is a desire to contro~ the number of these lots in the City. However, it is still necessary to protect the rights of the individual to use his property to the best advantage commercially. ., o o .. . It is necessary for the Board of Adjustments to balance the needs of the community and the objectives of the laws with the individual's right to a reasonable use of his land. Mr. Millard asked Mr. Brown why a used car lot was the only use, out of all the permitted uses in B-3, that he has chosen for use on Lot 2? "He has chosen a business that requires regulations. Mr. Brown said that at the present time, it seemed to be the best business for that area. He" is asking for the right to operate a business as he sees fit. The Board agreed that the following conditions would be attached to any approval for a used car lot on Mr. Brown's property (Lot 2). 1. The side yard would be 20' from property line for any building. The building must, of course, contain proper restroom facilities. 2. A new access driveway must be built from U.S. 1 onto the property. 3. The back of the lot should be properly screened either by an opaque fence or plant materials.and a 10 ft. grass strip.buffer. 4. The operating hours of the used car business will be from 9:00 a.m. to 9:00 p.m. six days a week. 5. All lights, except those necessary for police protection, will be out by 9:00 a.m. 6. Drainage will be checked by Building Department so that the present water run-off problem will not be increased. 7. There will be no storage of parts, junk cars, tires, etc. al11! storage of these items will be enclosed and out of sight. 8. The business must be in operation within one year of the granted approval. The Board of adjustments voted 4-0 to grant the Special Exception for a used car lot to Mr. Brown subject to the above conditions. The Board agreed that there was little"enforcement of many of the zoning regulations primarily the buffer zone between commercial and residential property. It was suggested that Mr. Brown might also consider putting a fence or screening behind his air conditioning business to enhance the view of the residents behind his property. The Board will hold a workshop to discuss further the question of used car lots in Edgewater and the enforcing of the zoning regulations and the various conditions that have been placed by the Board of Adjustments on Speci'al" Exceptions and variances. Mr. Millard thanked Mr. Brown for his cooperation and patience during -the process of approving the Special Exception. The meeting was adjourned. Minutes submitted by: Nancy Blazi 4 ~ '.. tit Attachment to B . ~ of ;-1.fJ.t ter I ..../V1~~v-I..;;' \W-. '"Ll-- -p -p7iJ ~ ~ 7/~__ .j;tt;~~ Extracted fram Ordinance 880... o Feb. 6, If!79 Page Ccnprehensive zoning regulations providing for enforcement 1 thereof... promoting the health, safety, morals or general welfare... to regulate and control erection and construction of buildings and structm"es of every kind and natm"e, and to set apart districts, zones, sections...in which certain classes, divisions or sarts of buildings and t hose alone may be constructed... , , to lessen congestion in the streets; to secure safet,.. frcm fire, panic, and other dangers; to promote health and the general wel1'are; to provide adequate light am air; to prevent the overcrcnrd1ng of land; to avoid undue concentration. or population; to facilitate the adequate provision of -transportation, water, sewerage. . .and other plbllc requir ements... 1 a give reasonable consideration to t he character of the districts and the:1r peculiar suitabUity :for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality... 2 to guide future development.. .in order that the City may grow in an orderly manner. . . including the .gener~l goals and specific purposes set .forth in Article V. 16 ' A special exceptiOli is a use that l'f'Cllld' oot be appropriate generally or without restriction throughout the zoning district, 'but which, if controlled as a number, area, location, or relation to the neighborhood would promote the public health, safetY', ~e1:fare, morals, order, oom:fort, convenience, appearance, 'prosperity or general welfare. 106 Oft-street parking...required for all employees and customers 'on the lot on which principal use is located. 107 Applications for special exceptions shall inc:tudeplans for o.ff-etreet parking and loading Spaces...means of access... turning and backing.. .each stall shall be at least 10 x 20 feet .. .be graded and permanently maintained. Auto Sales shall have four parking' spaces :for each maintenance stall plus adequate spaces to accomodate all new and used retail units and customer parking. '" Granting Special Exceptions s Before a ,Special Exception 1s granted, the Board of Adjustment shall make written findings that the spec1.tic provisions of Articles VI, VII snd VIn are ful!'illed with due regard to the nat'ln"e of all adjacent structures and uses, the district within lIbich same is located, and the Land Use Plan. '-- 125 and 126 127 " . ' , .