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11-26-1980 ,. (.J Q CITY OF EDGEWATER BOARD OF ADJUSTMENTS PUBLIC HEARING November 26, 1980 Chairman Louise Martin reconvened the Public Hearing from November 12,to order at 7:00 P.M. in the Edgewater City Hall. ROLL CALL Also Present: Mrs. Martin Mrs. Kane Mr. Sloan Mr. Lupinek Mrs. Walker Present Present Present Present Absent Mayor Christy Attorney Woods Attorney Wright Mr. Siciliano Mr. Opal Mrs. LaMee Mr. Castanachi Mr. Cory Mrs. Beader Several unfamiliar Mrs. Martin explained that we are still hearing the Cameron matter ,with the Building Department. Attorney Woods stated that he received a call from Mr. Chester about 4:30 this afternoon stating that he would not be present. He stated that he ma$ntains his position that he is asking for special consideration for. time. This is up to the board. Mr. Cory is present if you would like to have him speak. Mrs. Martin asked Mr. Cory if we have any surveys? Mr. Cory explained that late September he was employed by one of Mr. Cameron's attorneys to locate the property line south of Mr. Cameron. He added that it is his understanding that there are no objections from Mr. Cameron or his attorneys for him to present the plat that he has prepared to the board. Attorney Woods stated that this is correct. Mr. Cory disbursed the plats for the board members to look over. He explained that he has not made a survey of Mr. Cameron's property or the adjacent property. He was only asked to find out how the property sets, so that they could go and find out who to go to in order to retain the property. The south 118 feet is the question. If it wa~ measured where the river is now, there would be a very large parcel of land between the Dinnenhs property and the Cameron property. If it was measured on the meander line there would still be a gap between the Cameron property and the Dinnen property. He went on to explain ~he process for surveying this type of problem situation. He added that he has suggested that a title search be made to find out when the deed was prepared on that property and the property around it, so that they can be compared. It is his opinion that the land belongs to the State, however a title search would have to be made to be sure. He answered questions from the board members. He stated that the cost for a complete survey on all of this could run from $1500 to $2000. Mrs. Kane pointed out that in 1953 the side of his house was 10.3 feet from his property line. She asked the size of the addition. Mr. Murphy stated that he does not have this information, someone stole all of the records from him. He does not remember whether it was nine feet or twelve feet. Mr. Sloan stated that he believes that Mr. Cameron stated that he was over his own property line, therefore the addition has to be over ten feet. ~ o ~\ ", .. ~ ~ _i Mrs. Martin stated that we are concerned about whether he has encroached. The ownership is not our problem. Mrs. Kane stated that we now know that he has encroached on someone's property. We have to decide whether Mr. Murphy's decision was correct. Mrs. Martin added that we require a ten foot sideline, this leaves no sideline at all. Mr. Sloan stated that we can not make sune of that until we find out whether tt is feasible for him to purchase the land next to him. Attorney Woods stated that this is what the attorney was asking last time, was more time to go to the State to find out about purchasing. Mr. Lupinek stated that at our last meeting M.r. Cameron stated that he would pay for any survey to find out who owned that piece of land in question, then the paper said that he would not pay for the survey. This leaves us not knowing. Mr. Sloan made a suggestion that Mr. Murphy use his authority and demand a survey of Mr. Cameron's property with the building addition on it. There is a question as to whether this is nine feet of twelve feet. If it is a nine foot addition, then it is not over the line, and he can come to us for a variance, however if it is a twelve foot addition, then we can not grant a variance but only make a decision as to how much time we are going to give them to purchase land before he should tear the structure down. Mrs. Kane agreed with Mr. Sloan's suggestion. Mr. Lupinek stated that he wishes the board members could have gotten together on this, and gone out and looked this over. We don't seem to get together. Mrs. Martin explained that the board has not received any of the drawings, or paperwork on this particular case. Mr. Lupinek added that someone is lacking. These properties are not being posted. The file that was missing, should have been replaced before this meeting, so that we would have something to work with. Mrs. Martin stated that perhaps we can get a sketch of the addition by our next meeting to see whether we can decide on a variance, or to give them time to purchase the land. Mr. Sloan stated that the board does not have a choice on this. When we get all the information we need, we can either decide on a variance, or if he has encroached then perhaps our attorney can give us an idea of a reasonable length of time for negotiating the purchase. Mr. Lupinek stated that our job is more to determine as to whether our Building Official is correct in asking Mr. Cameron to show that he is not encroaching on anybody. Attorney Woods asked Mr. Murphy if he could determine the dimensions of the addition? Mr. Murphy stated that he Gould not remember the size, however he does remember very clearly that it was sixteen feet from the edge of the new addition to the supposeilly property line. He added that when a question was brought to his attention that there was something wrong. He pulled the file and left it out in order to allow the per~ son who was questioning this to see, and within three days the entire file was missing. Bd. of Adjustments 11/26/80 -2- I ~.. ' . I , u Q Mrs. Kane stated that it could not have ever been sixteen feet, because the original building was only ten feet from the property 1 i ne. Mr. Lupinek again stated that he would like to see the board members go out and measure for themselves. Mr. Murphy stated that it is possible that the tax assessor may have some information on this addition. He added that he would be glad to go down with any board member and look at the property. Tom Wright, Attorney representing the Dinnen's spoke to the board that it is his opinion that the Dinnen1s do own the property just south of the Cameron property. He stated that he feels the board should be firm with their conditionsor they could be up against several delays which will be a detriment to many parties. Mrs. Kane again pointed out that no matter how large the addition is, it does not comply with the setback requirements. Mrs. Martin stated that she would like tne file to be complete with all of the information upon which we base our decision upon. Mrs. Kane asked the attorney if we determine that a variance is the next step, do we have to wait for a variance request? Attorney Woods stated that the board can act on the appeal. Mrs. Kane made a motion that Mr. Murphy exercise his rights and ask for a survey with the present addition to be presented at our next meeting. After we review the survey a decision will be made, being seconded by Mr. Lupinek. Upon roll call vote the motion CARRIED 4-0. At this time there was discussion among the board members about the next meeting date being on Christmas Eve and the date needs to be changed. The next matter of business: Application of Mrs. Arlene Beader, 924 Fernald Street who is requesting a 19 foot front setback variance and a two foot side setback variance for an already constructed carport. Mrs. Kane questioned why this is coming to the board after all of these years? Mr. Lupinek asked if there is anyone here opposing it? A Mr. Grogan spoke to the board opposing this. He asked if this is allowed what is to keep everyone from putting carports on to keep motor homes and boats. He added that the notice that was in the paper was put up on U.S. I, and he does not know who can read that going 50 miles per hour. Mr. Lupinek stated that he did not see the posting on the property. He suggested that this case be dropped until it is properly posted. Mr. Grogan went on to say that the Building Official should have the authority to enforce the City's laws. He added that he is sure if the contractor who put up this carport had come in for a building permit he would have been refused. Mr. Lupinek stated that he would like to see it stopped, that people can build without a building permit. then we get these cases after the fact. Mrs. Kane stated that you do not have to get a building permit unless the construction is over $500.00, however you still have to meet your setbacks. -3- Board of Adjustments 11/26/80 ~ o Q Mr. Grogan stated that quite a few signatures are on the paper he brought in who are complaining. The board members were shown the paperwork, also Mrs. Beader handed the members a list of signatures who do not complain. Mr. Siciliano spoke to the board. He stated that the Ordinance is very vague as far as carports and setbacks are concerned. He explained that the Zoning Board is trying to work on this at the present time. Carports are not mentioned, perhaps this is why you see quite a few of them. Mrs. Martin asked if anyone else wants to speak to the board. Mrs. Beader passed out some pictures for the members to look at. There was more discussion about the property not being posted. Mrs. Beader stated that she received the notice of the meeting, however as far as she knows nothing was posted. Mr. Opal stated that the sidewalk has been there for a long time, and the roof was just put up, and if you look, the trees are covering it. There is no obstruction whatsoever. Mr. Sloan stated that the contractors are taking advantage of the people. Something should be done about this. Mrs. Martin asked the board members if we can make a decision. Mr. Lupinek stated that if you allow one person to do this, then you have to allow everyone else. He doesn't know where the line should be drawn. Mrs. Beader stated that they were told that they did not need a building permit unless it was over $500.00. She also stated that if they could have built it somewhere else they would, but that is the only place to put it. Mr. Sloan stated that this board is not created to cause h~rdsh1p~ for anyone, however something should be don~ about the contr~ctors who are really responsible. He added that he ~tshe~ our attorney was still here so that we could get something" going on thts. There was more discussion about the restrictions set on construction, about the limit over which you have to get a building permit, there was a question about whether contractors have to post a bond; r"t i'5 agreed that something should be done to prevent the~~ thtngs before they happen. " Mr. Sloan made a motion that we contact Attor~ey Wood~ and see tf there isn1t some way possible that we cari stop contractors from com i n gin wit h i nth e C i t Y 1 i m its 0 fEd 9 ewa t era n d w 0 r kin 9 kn 0 w t n g full well that they are go1'ng agai'nst the" setbacks, where they need a v a ria n c e, be i' n g s e con d e d by M r s ." K a n e . There was a suggestion from the audience that every contractor be required to p~t up a bond for at least a six month period"! There was another suggestion from the audien~e that this should be prevented before the fact, the only way to do this is ch~nge the ruling about the building permits. They should be issued for $lOO~ or less even. There was discussion with Mayor Christy about tilTs. HOe explatned t hat t his has bee n b r 0 ugh t up a t a Co u n c i 1 by h tm, but tt was put aside. He feels that something sho~ld be don~ ~bout it becatise the citizens are the ones who ~uffer. Upon roll call vote on the motion to tontact the attor~ey, it CARRIED 4-0. Board of Adjustments 11/26/80 -4- o Q Mr. Sloan made a motion that we bring it to the City Council's attention that we would like to see the $100.00 limit put back on any building permits in order to alleviate all the variances that are being requested after the fact, being seconded by Mr. Lupinek. Upon roll call vote, the motion CARRIED 4-0. Mrs. Martin asked for the board's pleasure on the situation at hand. Mr. Sloan stated that he has not had a chance to look over the property. He would like to see it before he votes on it. Mr. Lupinek made a motion that we recess this case until our next meeting and make sure it is posted correctly, being seconded by Mrs. Kane. Upon roll call vote the motion CARRIED 4-0. There was discussion at this time about the next meeting date. It was agreed among the members to set the meeting for the 18th of December. Public Hearing adjourned. BOARD OF ADJUSTMENTS REGULAR MEETING November 26,1980 CALL TO ORDER ROLL CALL Mrs. Martin Mrs. Kane Mr. Sloan Mr. Lupi nek Mrs. Walker Present Present Present Present Absent APPROVAL OF MINUTES A correction needs to be made in the minutes of the October 22nd meeting. Mr. Lupinek should be listed as excused and not absent. There was a discussion about the absences that occur. This needs to be looked into. We need all of our members present all the time. Mr. Lupinek stated that around the beginning of the year the board will be looking for a replacement for him. He feels that the board members do not get together like they should. Mr. Lupinek made a motion to accept the minutes with the correction, being seconded by Mrs. Kane. Upon roll call vote the minutes CARRIED 4-0. The board members looked over the minutes of the November 12th meeting. Mr. Sloan made a motion to approve the minutes of the November 12th meeting, being seconded by Mrs. Kane. Upon roll call vote the motion CARRIED 4-0. After further discussion there was a motion made by Mrs. Kane to change the next meeting date to the 18th of December, being seconded by Mr. Lupinek. Upon roll call vote the motion CARRIED 4-0. Mr. Sloan made a motion to adjourn, being seconded by Mr. Lupinek. Meeting adjourned. -5- Board of Adjustments 11/26/80