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08-23-1978 -- (,) (j CITY OF EDGEWATER BOARD OF ADJUSTMENTS REGULAR MEETING August 23, 1978 Chairman Millard called the meeting of the Board of Adjustments to order at 7:00 P.M. in City Hall. ROLL CALL Mr. Poland Mr. Gnau Mr. Lupinek Mr. Fenske Mr. Millard Excused Excused Present Present Present Also Present: Mr. and Mrs. Harold Pruitt - Applicants for Variance Mrs. Fulton - Realtor Mr. Leoffler - Edgewater Building Department Mr. Millard explained to the audience that Mr. Fenske was retiring from the Board effective this month. However, for the purpose of the hearing and in view of the fact that the appointment of a replacement would not be effective until next week, Mr. Fenske is considered as an active Board Member for this meeting. Mr. Millard asked if there were any objections from the audience or other Board members. There were no objections. Mr. Millard explained to the audience that the Board was a quasi-judicial Board and that anyone speaking before the Board on a matter of a variance must be sworn in. Mr. Millard swore in Mr. Pruitt and Mrs. Fulton. Mr. Pruitt is the contract purchaser for a piece of property on Riverside Drive. The property is located in Section 33 of Township 17 South, Range 34 East being the North 87.33 ft. of easterly 150 ft. of lots 2 & 3, Forster Subdivision as re- corded Map Book 6 Page 75 (together with riparian rights). The property fronts on the West side of Riverside Drive between its intersections with New Hampshire and Hotel Ave. Ordinance 880 requires a dimension of 100 ft. width on Riverside Drive property and Mr. Pruitt is requesting a variance for the difference between the 87.33 ft. and the 100 ft. required. Mrs. Fulton presented the Board with a Plat of the proposed purchase. This plat was prepared just prior to this meeting. Mr. Lupinek asked Mr. Pruitt if he had considered trying to buy a small piece of the next property to acquire the 100 ft. width. Mr. Pruitt said he did not believe the owner of the adjacent property would sell any of his land. There was a discussion about the feasibility of purchasing extra property. Mrs. Pruitt said that the land they wished to purchase was extremely costly and they would not be able to afford any more land. Mr. Millard suggested the possibility of an exchange of a small portion of the adjoining properties. Mr. Pruitt said that since he did not yet own the land, he could not make that kind of a suggestion to the adjoining property owner. u (.) Mrs. Fulton said that the property is presently owned by Mrs. Yablonky. The property she owns is somewhat ilL II shaped and fronts on Riverside Drive and New Hampshire. Mr. Pruitt wants to buy the section described and has more than enough room to meet the square footage requirements for a building on Riverside Drive. This property was deeded to Mrs. Yablonky around 1962. Mr. Loeffler said that in his opinion this was a single lot of record and that if Mrs. Yablonky wanted to build on Riverside Drive the Building Department would issue her a permit, without a variance, even though the width was only 87.33. Mr. Lupinek suggested that the Board table this application until next month. He felt that Mr. Pruitt should pursue the possibility of purchasing additional land before the Board made a decision. Mr. Millard asked Mr. and Mrs. Pruitt if they wished to recess this hearing until next month when the full Board would be present. At this time, with only three members, it would be necessary to have a unanimous vote to grant a variance. Mr. Pruitt said he was anxious to have this resolved because he does not wish to purchase the land until he has been assured he can build on it. Mr. Fenske pointed out that the Pruitts would have a sufficient amount of land to build, they only lacked the frontage on Riverside Drive. It might be considered a reasonable use of the land. Mr. Pruitt said that this was a lot of record before the 880 ordinance was passed. Mr. Millard said that there was still some question in his mind as to the actual definition of a "single lot of record." He requested that the secretary write to the City Attorney to get a legal definition. Mr. Millard continued by saying that the Board has heard all the evidence. There were no other property owners here to speak either pro or con therefore the Board assumes there were no objections by adjoining property owners. The property was posted and the hearing properly advertised. He asked if there were any more comments from members of the Board. Mr. Fenske said he also believed they had discussed this case sufficiently. Mr. Millard said, in his opinion, a variance would be justified. Mr. Lupinek said he would like to recess this case until there are more Board members present to give their opinions. He would also like to have Mr. Pruitt investigate the purchase of extra property. He did not feel the Board had sufficient time to study the Plat that was presented to them just before the meeting. Mr. Millard said that his objection to a recess is that Mr. Fenske would not be on the Board next month and that the Board would have two relatively new members and it would be necessary to hear the entire case again. Mr. Fenske said he felt it would be difficult for Mr. Pruitt to get the extra 12 ft. that he needed. Mr. Millard said that he felt that the request had been explained quite thoroughly. However, if Mr. Lupinek wishes a recess the Board does not have any choice but to wait until the next meeting. The applicant can, of course, ask the Board to vote tonight. 2 ~, v o Mr. Lupinek said that he would still like a recess until next month. Mr. Millard said that in view of Mr. Lupinek's request, he would recess this hearing until the next regular meeting of the Board of Adjustments, September 27, 1978. Mr. Millard requested that the secretary get copies of the minutes of this hearing,plus any additional pertinent information regarding the Pruitt's application, to the Board members in time for them to study before the next meeting. If the other members have all this information perhaps it will be possible to have a speedier meeting. The Board members voted to accept the minutes, as read, of the June Board of Adjustment meeting. There was no further business before the Board. The Public Hearing was recessed and the business portion of the meeting was adjourned. Minutes submitted by: Nancy Blazi 3 ~ , o o CITY OF EDGEWATER BOARD OF ADJUSTMENTS REGULAR MEETING August 23, 1978 Chairman Millard called the meeting of the Board of Adjustments to order at 7:00 P.M. in City Hall. ROLL CALL Mr. Poland Mr. Gnau Mr. Lupinek Mr. Fenske Mr. Millard Excused Excused Present Present Present Also Present: Mr. and Mrs. Harold Pruitt - Applicants for Variance Mrs. Fulton - Realtor Mr. Leoffler - Edgewater Building Department Mr. Millard explained to the audience that Mr. Fenske was retiring from the Board effective this month. However, for the purpose of the hearing and in view of the fact that the appointment of a replacement would not be effective until next week, Mr. Fenske is considered as an active Board Member for this meeting. Mr. Millard asked if there were any objections from the audience or other Board members. .There were no objections. Mr. Millard explained to the audience that the Board was a quasi-judicial Board and that anyone speaking before the Board on a matter of a variance must be sworn in. Mr. Millard swore in Mr. Pruitt and Mrs. Fulton. Mr. Pruitt is the contract purchaser for a piece of property on Riverside Drive. The property is located in Section 33 of Township 17 South, Range 34 East being the North 87.33 ft. of easterly 150 ft. of lots 2 & 3, Forster Subdivision as re- corded Map Book 6 Page 75 (together with riparian rights). The property fronts on the West side of Riverside Drive between its intersections with New Hampshire and Hotel Ave. Ordinance 880 requires a dimension of 100 ft. width on Riverside Drive property and Mr. Pruitt is requesting a variance for the difference between the 87.33 ft. and the 100 ft. required. Mrs. Fulton presented the Bo~rd with a Pl.at of the proposed purchase. This plat was prepared just prior to this meeting. Mr. Lupinek asked Mr. Pruitt if he had considered trying to buy a small piece of the next property to acquire the 100 ft. width. Mr. Pruitt said he did not believe the owner of the adjacent property would sell any of his land. There was a discussion about the feasibility of purchasing extra property. Mrs. Pruitt said that the land they wished to purchase was extremely costly and they would not be able to afford any more land. ~ Mr. Millard suggested the possibility of an exchange of a small portion of the adjoining properties. Mr. Pruitt said that since he did not yet own the land, he could not make that kind of a suggestion to the adjoining property owner. ,... ~ , o o Mrs. Fulton said that the property is presently owned by Mrs. Yablonky. .The property she owns is somewhat "L" shaped and fronts on Riverside Drive and New.Hampshire. Mr. Pruitt wants to buy the section described and has more than enough room to meet the square footage requirements for a building on Riverside Drive. This property was deeded to Mrs. Yablonky around 1962. Mr. Loeffler said that in his opinion this was a single lot of record and that if Mrs. Yabl~nky wanted to build on Riverside Drive the Building Department would issue her a permit, without a variance, even though the width was only 87.33. Mr. Lupinek suggested that the Board table this application until next month. He felt tha~ Mr. Pruitt should pursue the possibility of purchasing additional land before the Board made a decision. Mr. Millard asked Mr. and Mrs. Pruitt if they wished to recess this hearing until next month when the full Board would be present. At this time, with only three members, it would be necessary to have a unanimous vote to grant a v~riance. Mr. Pruitt said he was anxious to have this resolved because he does not wish to purchase the land until he has been assured he can build on it. Mr. Fenske pointed out that the Pruitts would have a sufficient amount of ~and to build, they only lacked the frontage on Riverside Drive. It might be considered. a reasonable use of the land. Mr. Pruitt said that this was a lot of record before the 880 ordinance was passed. · Mr. Millard said that there was still some question in his mind as to the actual definition of a "single lot of record." He requested that the secretary write to the City Attorney to get a legal definition. Mr. Millard continued by saying that the Board has heard all the evidence. There were no other property owners here to speak either pro or con therefore the Board assumes there were no objections by adjoining property owners. The property was posted and the hearing properly advertised. He asked if there were any more comments from members of the Board. Mr. Fenske said he also beli~ved they had discussed this case sufficiently. Mr. Millard said, in his opinion, a variance would be justified. Mr. Lupinek said he would like to recess this case until there are more Board members present to give their opinions. He would also like to have Mr.- Pruitt investigate the purchase of extra property. He did not feel the Board had sufficient time to study the Plat that was presented to them just before the meeting. Mr. Millard said that his objection to a recess is that Mr. Fenske .would not be on the Board next month and that the Board would have two relatively new members and it would be necessary to hear the entire case again. .~ Mr. Fenske said he felt it would be difficult for Mr. Pruitt to get the extra 12 ft. that he needed. Mr. Millard said that he felt that the request had been explained quite thoroughly. However, if Mr. Lupinek wishes a recess the Board does not have any choice but to wait until the next meeting. The applicant can, of course, ask the Board to vote tonight. 2 ~ . o o Mr. Lupinek said that he would still like a recess until next month. Mr. Millard said that in view of Mr. Lupinek's request, he would recess this hearing until the next regular meeting of the Board of Adjustments, September 27, 1978. Mr. Millard requested that the secretary get copies of the minutes of this hearing,plus any additional pertinent information regarding the Pruitt's application, to the Board members in time for them to study before the next meeting. If the other members have all this information perhaps it will be possible to have a speedier meeting. The Board members voted to accept the minutes, as read, of the June Board of Adjustment meeting. There was no further business before the Board. The Public Hearing was recessed and the business portion of the meeting was adjourned. Minutes submitted by: . Nancy Blazi , 3