11-22-1978
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS
November 22, 1978
The Board of Adjustments for the City of Edgewater Public Hearing
was called to order at 7:00 P.M. in City Hall.
ROLL CALL
Kenneth Mi 11 a rd
Lewis Lupinek
James Poland
Clarence Gnau
William Glaser
Present
Present
Present
Present
Present
The Public Hearing was for the purpose of discussing the
application by Mr. William Rickelman, Sr. for a Special Exception
for a used car lot on U.S. 1 (N. Ridqewood). .
Mr. Rickelman, Sr. was present at the meeting.
Also present:
Mr. Edward Bloom - adjacent property owner
Mr. Elton Fontaine - adjacent property owner
Chairman Millard explained to the audience that the Board of
Adjustments was a quasi-judicial board and therefore it would
be necessary for anyone giving testimony; concerning this Public
Hearing, to be sworn in.
The Secretary certified that the Public Hearing had been properly
advertised, the notices to adjacent property owners sent out
bv certified mail and that there had been no written replies
to these notices.
The Board has inspected the property in question.
The Board received correspondence from the Zoninq Board indicating
their approval of this Special Exception providing that a buffer
zone is provided and also adequate off-street parking. All vehicles
on the premises must be operative and no major auto repairs should
be done on the premises.
The Board also received correspondence from the Planning Board
stating that the application presented to them did not clearly
define whether or not residential property was involved here and
therefore they could not make a recommendation at this time.
Chairman Millard pointed out that the revised application stated
that none of the property that is located in residential areas
will be used for business purposes. Mr. Rickelman is only interested
in leasing an area aporoximately 125 ft. deep and 92'61 wide.
The Board discussed the old roadway line on Route 1. It was
finally ascertained that the property to be used would only be
1051 deep.
Mr. Rickelman will lease this property from Dr. Wallar who
sent a notarized letter stating that he has no objections to this
oortion of his property being used for business purposes as a used
car lot.
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Mr. Rickelman said that he had first presented his request to
the Zoning Board. The Zoning Board sent a memo to the Council
recommending that a temporary license be granted and that the
Council consider making the sale of automobiles a permitted
use in B-3. The Council could not arant a temporarv license
and stated that this request should-go to the ~oard- of Adjustments
for a Special Exception.
Mr. Glaser said that the ordinance is not clear as to the
sale of automobiles in B-3. Even under the Special Exception
the sale of cars is merely implied.
Mr. Bloom and Mr. Fontaine, adjacent property owners, spoke
to the Board concerning some objections they had concerning the
operation of a used car lot on neighboring property. They requested
a buffer zone that clearly devides the property and also asked
if there could be some restrictions put on the length of business
hours in order to keep down any noise or disturbance that might
be caused by this business.
Mr. Millard said that the Board can impose certain conditions
that they feel would be in the best interest of the entire area.
Mr. Poland said that nowhere in 880 is the sale of new or used
cars permitted. If we grant a Special Exception with or without
conditions, it will be up to the City to see that it is enforced.
The Board discussed the question of off-street parking, types of
repairs that will be done on the premises and reasonable hours
of operation.
Mr. Rickelman said that he would agree with certain conditions
concerning the operation of his used car lot.
The Board decided to grant the Special Exception with the following
conditions:
a. There will be a buffer along the back line, as detailed on
page 5 of Ord. 880. This will screen the B-3 area from the
residential area.
b. There will be adequate off-street parking provided as called
for in the ordinance.
c. No major repairs will be performed on this property. Minor work
is permitted, with minor being defined as tire changes, small
tune-ups, touch-up of nicks and scratches, etc.
d. No junk cars, old parts, etc. will be on the premises. All
vehicles will be operative.
3. Hours will not. exceed 8 am to 6 pm. Signs and lighting to
conform to existing regulations.
The vote to 9rant this Special Exception was 5-0.
Mr. Rickelman was also advised that this was a non-conforming lot
and there could be no additional buildings added unless they
conformed to present zoning standards.
The Public Hearing was adjourned.
There was no further business before the Board. The meeting was
adjourned.
Minutes Submitted by:
Nancy Blazi
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CITY OF EDGEWATER
BOARD OF ADJUSTMENTS
October 25, 1978
The City of Edgewater Board of Adjustments Public Hearing was
called to order at 7:00 P.M. in City Hall.
ROLL CALL
Kenneth Millard
Lewis Lupinek
James Poland
Clarence Gnau
William Glaser
Present
Absent
Present
Present
Present
The Board met to continue the recessed meeting concerning
the request by Mr. and Mrs. Pruitt for" a variance on property
on Riverside Drive.
The Board received a letter from Mr. Pruitt requesting that
his application for the variance be cancelled. Mr. Pruitt
stated that he has withdrawn his sales agreement due to the
fact that there did not seem to be a clear title to this
property.
Mr. Millard said that if there was no objection from members
of the Board, this application will be concluded and the
information filed. If Mr. Pruitt, at some time in the future,
wishes to reapply it will have to be treated as a new application.
There were no objections from Board members.
The Board approved the minutes of the September 22, 1978 meeting.
Mr. Glaser said that he had spoken to Mrs. Blackwell concerning
the updating of Ordinance 880. Mrs. Blackwell told him that
the Board could be provided with an updated Ordinance upon request.
The Board discussed Ordinance 880 and the changes that have been
made.
Ordinance 880 has not been revised since its adoption. Amendments
to 880 should have been made available to Board members to help
keep their present copies up to date.
There was no further business before the Board and the meeting
was adjourned.
Minutes submitted by:
Nancy Blazi