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09-27-1978 . ,~ ~ u CITY OF EDGEWATER BOARD OF ADJUSTMENTS September 27, 1978 Chairman Kenneth Millard called the regular meeting and Public Hearing of the Board of Adjustments to order at 7:00 P.M. in City Hall. ROLL CALL Mr. Millard Mr. Lupinek Mr. Poland Mr. Gnau Mr. Glaser Present Present Absent Present Present Chairman Millard welcomed Mr. Gnau and Mr. Glaser as the two new members of the Board of Adjustments. Also present at the meeting: Mr. Fredericks Mr. and Mrs. Shafer Mr. _al\d Mrs. Tilly /" \. At the last meeting the Board discussed the application for a variance from Mr. Pruitt for property on Riverside Drive between Hotel and New Hampshire. We could not resolve the request and - the meeting was recessed. There has been a request from Mr. Pruitt for a postponement because the survey of the property has not been completed. Mr. Pruitt wants to wait, so that he knows the exact boundaries of the property and the Board of Adjustments also needs this information. Mr. Millard asked if there were any objections from Board members for an additional postponement of this variance request. There were no objections. Chairman Millard said that this request by Mr. Pruitt would be presented at the next regular meeting of the Board (October 25, 1978). This variance request will not be postponed after the next regular meeting. Mr. Glaser said that the only reference he could find in Ordinance 880 in regard to variances was a variance for property owner. In the case of Mr. Pruitt, the property is still owned by someone else. Can we issue a variance? Chairman Millard said that a person who is a contract buyer (this is also stated on the application form) can ask for a ruling on the property. If they chose not to buy the property and we granted a variance, the variance would go with the property.to be used within a stated period of time. The minutes of the last meeting were not approved at this time, due to the fact that the meeting was recessed. The minutes to this point seem to be complete and will be accepted when the final decision is made on Mr. Pruitt1s application. The other application before the Board was a request by Mr. and Mrs. Carl Groepler, 109 Neptune St., for a 2 foot variance on the side yard in order to build a 9 foot by 29 foot addition to their house. Mr. Fredericks was present as a representative of Mr. and t~ r s .G roe p 1 e r . Thesecretary stated that the notice of a Public Hearing had been advertised, the abutting property owners notified and the property posted. There were no objections to the addition. Chairman Millard asked Mr. Fredericks to be sworn in. He told the audience that administering of oaths for testimony at these Public Hearings is provided for in Ordinance 880. The Board of Adjustments is a quasi-judicial Board. We also act in an investigative capacity -(, and also act somewh$r>like a jury because it is~eCeSsary for the Board to make a decision in each case. After the Board has made a decision, it is passed on to the Council who votes on the Board's recommendation. If the decision of the Board and the Council is ~ questioned by an applicant, they may take the case to court. For that-reason, everything applicable to the individual case must be on record. Chairman Millard continued by stating that the Board had been provided with a very complete application on the variance for Mr. and Mrs. Groepler. It explains the request in great detail. The Board members have visited the property and inspected the area around the property. He asked for opinions on this request from the other Board members. Mr. Gnau agreed that the Board had received all the necessary information. He had no questions at this time. Mr. Lupinek agreed that the information was complete and said he had no further questions. Mr. Glaser said that originally the Board had said that a side yard minimum in R-2 was 71 but the Ordinance states it should be 10 I. Had thi s been amended? Chairman Millard said that this had been' covered by a non-conforming lot of record part which states that it should not be less than 10% of the width of the lot except that no such side should be less than 51. This gives a reference point to work from. The applicants are appealing to the Board for a variance from the rules in Ordinance 880. Mr. Fredericks said that he had nothing further to add to the request for application. Mrs. Shafer asked if the roof was to be the same line as the present roof. Mr. Fredericks showed Mrs. Shafer a drawing of the proposed addition. He assured her that the roof would be in line with the present one. It was the consensus of opinion that the addition would not detract from the other buildings on the street. Chairman Millard said that the Board was being asked to grant a 2 foot variance for the building addition. He asked for a roll call. Mr. Gnau Mr. Millard Mr. Lupi nek Mr. Gl aser Yes Yes Yes Yes Chairman Millard informed Mr. Fredericks that the Board would send their recommendation to the Council. If the Council concurs with the Board they will authorize a resolution granting this vartance. This procedure should take about two weeks. The Public Hearing for Mr. and Mrs. Groepler was adjourned. The Board discussed the subject of lot of record definition. The secretary informed Chairman Millard that the City Attorney will put his definition in writing for the Boardls information. The new Board members signed the Board rules. Chairman Millard officially changed the meeting date on these rules to the fourth Wednesday in each month. There was no further business before the Board. The meeting was adjourned. Minutes Submitted by: Nancy Blazi 2 ~- ....... o o CITY OF EDGEWATER BOARD OF ADJUSTMENTS September 27, 1978 Chairman Kenneth Millard called the regular meeting and Public Hearing of the Board of Adjustments to order at 7:00 P.M. in City Hall. ROLL CALL Mr. Millard Present Mr. Lupinek Present Mr. Poland Absent Mr. Gnau Present Mr. Glaser Present Chairman' Millard welcomed Mr. Gnau and Mr. Glaser as the two new members of the Board of Adjustments. Also present at the meeting: Mr. Fredericks Mr. and Mrs. Shafer Mr. and Mrs. Tilly At the last meeting the Board discussed the application for a variance from Mr. Pruitt for property on Riverside Drive between Hotel and New Hampshire. We could not resolve the request and - the meeting was recessed. There has been a request 5rom Mr. Pruitt for a postponement because the survey of the property has not been completed. Mr. Pruitt wants to wait, so that he knows the exact boundaries of the property and the Board of Adjustments also needs this information. Mr. Millard asked if there were any objections from Board members for an additional postponement of this variance request. There were no objections. Chairman Millard said that this-request by Mr. Pruitt would be presented at the next regular meeting of the Board (October 25, 1978). This variance request will not be postponed after the next regular meeting. Mr. Glaser said that the only reference he could find in Ordinance 880 in regard to variances was a variance for property_owner. In the case of Mr. Pruitt, the property is still owned by someone else. Can we issue ~ variance? Chairman Millard said that a person who is a contract buyer (this is also stated on the application form) can ask for a ruling on the property. If they chose not to buy the property and we granted a variance, the variance would go with the property.to be used within a stated period of time. The minutes of the last meeting were not approved at this time, due to the fact that the meeting was recessed. The minutes to this point seem to be complete and will be accepted when the final decision is made on Mr. Pruitt's application. The 0 the rap p 1 i cat ion be for e the Boa r d \'/a s are que s t by Mr. and Mrs. Carl Groepler, 109 Neptune St., for a 2 foot variance on the side yard in order to build a 9 foot by 29 foot addition to their house. Mr. Fredericks was present as a representative of Mr. and Mrs. Groepler. . Thesecretary stated that the notice of a Public Hearing had been advertised, the abutting property owners notified and the property posted. There were no objections to the addition. Chairman Millard asked Mr. Fredericks to be sworn in. He told the audience that administering of oaths for testimony at these Public Hearings is provided for in Ordinance 880. The Board of Adjustments is a quasi-judicial Board. We also act in an investigative capacity ''I4J . .-f n d a 1 s 0 act so m eOa t 1 i k e a j u r y bee a use i tOs nee e s sa r y for the Board to make a decision in each case. After the Board has made a decision, it is passed on to the Council who votes on the Board's recommendation. If the decision of the Board and the Council is _ questioned by an applicant, they may take the case to court. For that.reason, everything applicable to the individual case must be on record. Chairman Millard continued by stating that the Board had been provided with a very complete application on the variance.for Mr. and Mrs. Groepler. It explains the request in great detail. The Board members have visited. the property and inspected the area around the property. He asked for opinions on this request from the other Board members. Mr. Gnau agreed that the Board had received all the necessary information. He had no questions at this time; Mr. Lupinek agreed that the information was complete and said he had no further questions. Mr. Glaser said that originally the Board had said that a side yard minimum in R-2 was 71 but the Ordinance states it should be 101. Had this been amended? Chairman Millard said that this had been covered by a non-conforming lot of record part which states that it should not be less than 10% of the width of the lot except that no such side should be less than 51. This gives a reference point to work from. The applicants are appealing to the Board for a variance from the rules in Ordinance 880. Mr. Fredericks said that he had nothing further to add to the request for application. Mrs. Shafer asked if the roof was to be the same line as the present roof. Mr. Fredericks showed Mrs. Shafer a drawing of the proposed addition. He assured her that the roof would be in line with the present one. It was the consensus of opinion that the addition would not detract from the other buildings on the street. Chairman Millard said that_the Board was being asked to grant a 2 foot variance for the building addition. He asked for a roll call. Mr. Gnau Mr. Millard Mr. Lupinek Mr. Glaser Yes Yes Yes Yes Chairman Millard informed Mr. Fredericks that the Board-would send their recommendation to the Council. If the Council concurs with the Board they will authorize a resolution granting this variance. This procedure should take about two weeks. The Public Hearing for Mr. and Mrs. Groepler was adjourned. The Board discussed the subject of lot of record definition. The secretary informed Chairman Millard that the City Attorney will put his definition in writing for the Board's information. The new Board members signed the Board rules. Chairman Millard officially changed the meeting date on these rules to the fourth Wednesday in each month. . There was no further business before the Board. The meeting was adjourned. Minutes Submitted by: Nancy Blazi 2 . ..... .- o o QCit!' of ~bgewater Volusia County, Florida 32032 Post Office Box 100 September 29, 1978 -~ ~ / TO: FROM: Mayor and City Council Board of Adjustments SUBJECT: Variance for Carl Groepler, 109 Neptune Applicant_requested a two-foot variance on the side yard, in order to complete a 9 foot by 29 foot addition to his house. The addition was necessary to accommod~t~ his in- valid Mother. All abutting property owners were notified and none stated any objections to this addition. The two foot variance appeared to be the least amount needed to accomplish the addition. There seemed to be no conflict with appearance of neighboring houses and no undue crowding would result. The Board voted 4 to 0 to approve the request. BOARD OF ADJUSTMENTS ~ /17~~ Ken Millard, Chairman / . , :,