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02-08-1978 ."., c,/' ">"..... ""'.. l..J ~ CITY OF EDGEWATER BOARD OF ADJUSTMENTS Regular Meeting and Public Hearing Held February 8, 1978 Chairman Millard called the meeting to order at 7:00 P.M. in the City Clerk1s office at City Hall. ROLL CALL Mr. Neil Asting Mr. Jerry Fenske Mr. Lewis Lupinek Mr. Kenneth Millard Mr. Jim Poland Present Present Present Present Present The Board approved the minutes of the January 11, 1978 meeting and public hearing. Chairman Millard asked if all the members had visited the properties under consideration for variances. All the members had visited these properties. Chairman Millard reminded all those present that anyone testifying before the Board is under oath and subject to perjury charges in the event of false evidence. The first request for a variance was from Mr. Harry Kuse of 2802 Sable Palm who was asking for a 161 variance for the purpose of building a carport. The secretary reported that the legal ad had been placed in the paper, the abutting property owners notified and their response noted and the property had been posted. There was no one in the audience who objected to the granting of this variance. The Board discussed the various distances from the front and sides of the house to the lot line. Mr. Asting said it appeared to him to depend on which way the house was facing in reference to various setback regulations. Mr. Poland said that he had to stay 301 off of all streets. The front yard has to be 30 ft. from the street. According to 880 he has to be 301 off any street. It was established that Mr. Kuse had 3 lots and he had 1201. Mr. Millard asked if anyone knew what the purpose of the corner regulation was. Mr. Poland said he believed that it was probably to keep_an~attractive a p pea ran c e ,._ and ~ e 1 i m i n ate . s a f e t y h a z a r d s . H e t h ink s t hat t his pie c e of property is a unique situation that is faced by very few lots in Edgewater and in Florida shores. This lot is so high, its a good 41 from the road to the ground and he has a line of pine trees (121 or more in heighth). He sees no problem with the full 201 carport not with that specific setup. Mr. Millard said there is another aspect to this case. In most corner lots it is part of a regular more or less rectangular or square residential block of lots and there are a number of houses going around the sides of that block. There is then a point of having the corner house come back to line up with all the other houses on the street. In Florida shores there are two rows of lots and two -. u \J rows of houses, on the ends there are no intervening houses between the two corners. This is generally true for Florida shores. The purpose of the R-3 was to line up corner houses with houses on the street, in this instance there are no houses in between. He questions whether this is a practical requirement or has an unnecessary hardship been imposed on all owners of corner houses. There can only be two corner houses there is nothing possible in between. Logically it creates a hardship and pursuing that you would come back to the 10% rule or 10 ft. from the side lot. Mr. Pol and say s t hat i f h e ,!bur~ ds the way hew ant san d a c cor din g to his (Mr. Kuse) very detailed description, he is more than 10% of the width of his property off the property line. Mr. Poland says that he feels the carport is a reasonable addition to the house and the way it is laid out behind the pine trees there is no visual extension of the house from the main entrance. It i s not a sol i d wa 11 . Mr. Millard asked Mr. Kuse if he was planning to out up a wall. Mr. Kuse said that the carport would be open. Mr. Millard said they would put it in the variance and if a wall was ever built Mr. Kuse would be fined. Mr. Lupinek said that Mr. Kuse was a friend of his and therefore he would rather not comment too much on this variance and he would go along with the majority decision of the Board. He added that the Board might be setting a precedent on this case. Chairman Millard reassured him that no ruling by the Board on any one case establishes any new law or changes any regulation from there on. The ruling i.s for each individual case. He sugggested that possibly the Board should send a memo to the Zoning Board asking them if they would like to make any recommendations at this point to the Council in a general way (not in this specific case) there may be more problems like this as people continue to build in Florida Shores. Chairman Millard called for a vote. The Board voted in favor of granting the variance 5-0. Chairman Millard stated that the variance was granted on the basis that the requirement for this particular plot of land is too stringent. The location of the carport is in an agreeable position toward the rear of the house. The land is high so there would be no obstruction of any traffic. It preserves a row of trees and we are going to put into the variance statement that the carport must remain open. The Board will present its recommendation to the City Council for their approval and Mr. Kuse will be notified of the final decision. The next variance was a request from Mr. Norman Billups of 1860 Pine Tree Drive who was asking for a 151 variance for the purpose of building an aluminum addition to his carport. Mr. Billups spoke to the Board and said that he needed this addition to prevent flooding of the utility room and walkways. The secretary said that the legal ad had been placed in the newspapers, the abutting property owners notified and their response received and the property had been posted. Mr. Billups told the Board that Mr. Inskip of Florida Awning Co. was at the meeting to testify to the need for extra protection from the flooding problem. 2 , ~, . u o Chairman Millard asked for opinions from the Board members. Mr. Lupinek asked if Mr. Billups had had this house built. Mr. Billups said that he purchased the house. There was no one in the audience that objected to this addition. Mr. Inskip (Florida Awning) discussed the large amount of water that accumulated around the rear door and the airconditioning unit when there are heavy rains. Mr. Lupinek said that it was obvious that the present owner did not create his own hardship. It was determined that Mr. Billups is actually adding an extension to his roof not a full carport. The extension would provide protection from the flooding problem. It was also established that the house was built prior to 880. Mr. Lupinek said that the slab slopes to the house so that this area needs a roof over it to keep the area from flooding. Upon roll call the Board voted in favor of granting the variance. Chairman Millard said that the Board would grant the variance on the basis of hardship and that the carport or addition must remain open. The City Council will be notified and Mr. Billups will be informed as to their decision. Chairman Millard spoke about Mayor Christy's request to have a Board member at the Council meetings when there is something on the agenda pertaining to a Board decision. The Board voted to have Mr. Asting represent them at Council meetings. Mr. Poland was chosen as the alternate representative. The meeting was adjourned. Minutes submitted'by Nancy Blazi Also present at the meeting: Mr. Kuse Mr. and Mrs. Billups Mr. Inskip Mr. Opal Mr. Shell Mr. Dietz 3 .,- r _'" ~ o. o v ~ CITY OF EDGEWATER BOARD OF ADJUSTMENTS Regular Meeting and Public Hearing Held February 8, 1978 Chairman Millard called the meeting to order at 7:00 P.M. in the City 'Clerk's office at City Hall. ROLLCALL Mr. Neil Asting Mr. Jerry Fenske Mr. Lewis Lupinek Mr. Kenneth Millard Mr. Jim Poland Present Present Present Present Present The Board approved the minutes of the January 11, 1978 meeting and public hearing. Chairman Millard asked if all the members had visited the properties under consideration for variances. All the members had visited these properties. Chairman Millard reminded all those present that anyone testifying before the Board is under oath and subject to perjury charges in the event of false evidence. The first request for a variance was from Mr. Harry Kuse of 2802 Sable Palm who was asking for a 161 variance for the purpose of building a carport. The secretary reported that the legal ad had been placed in the paper, the abutting property owners notified and their response noted and the property had been posted. There was no one in the audience who objected to the granting of this variance. The Board discussed the various distances from the front and sides of the house to the lot line. Mr. Asting said i't appeared to him to depend on which way the house was facing in reference to various setback regulations. Mr. Poland said that he had to stay 301 off of all streets. The front yard has to be 30 ft. from the street. According to 880 h e has to be 3 0 1 0 f f a ny s t r e e t . It was established that Mr. Kuse had 3 lots and he had 120'. Mr. Millard asked if anyone knew what the purpose of the corner regulation was. Mr. Poland said he believed that it was probably to keep_an;attractive appearance0and_eliminat~ 'saf~ty hazards. He thinks that this piece of' property is a unique situation that is faced by very few lots in Edgewater and in Florida shores. This lot is so high, its a good 41 from the road to the ground and he has a line of pine trees (121 or more in heighth). He sees no problem with the full 201 carport not with that specific setup. Mr. Millard said there is another aspect to this case. In most corner lots it is part of a regular more or less rectangular or square residential block of lots and there are a number of houses going around the sides of that block. There is then a point of having the 'corner house come back to line up with all the other houses on the street. In Florida shores there are two rows of lots and two '\ ,....' Q o . .,j~ " . rQ~s of houses, on the ends there are no intervening houses between tne two corners. This is generally true for Florida shores. The purpose of the R-3 was to line up corner hous~s with houses on the street, in this instance there are no houses 1n between. He questions whether this is a practical requirement or has an unnecessary hardship been imposed on all owners of corner houses. There can only be two corner houses there is nothing possible in between. Logically it creates a hardship and pursuing that you would come back to th~ 10% rule or 10 ft. from the side lot. Mr. Pol and say s t hat i f he ,bulll'(fs the way hew ant san d a c cor din g to his (Mr. Kuse) very detailed description, he is more than 10% of the width of his property off the property. line. Mr. Poland says that he feels the carport is a reasonable addition to the house and the way it is laid out behind the pine trees there is no visual extension of the house from the main entrance. It is not a solid wall. Mr. Millard asked Mr. Kuse if he was planning to out up a wall. Mr. Kuse said that the carport would be open. Mr. Millard. said they would put it in the variance and if a wall was ever built Mr. Kuse would be fined. Mr. Lupinek said that Mr. Kuse was a friend of his and therefore he would rather not comment too much on this variance and he would go along with the majority decision of the Board. He added that the Board might be setting a precedent on this case. Chairman Millard reassured him that no ruling by the Board on any one case establishes any new law or changes any regulation from there on. The ruling i.s for each individual case. He sugggested that possibly the Board should send a memo to the Zoning Board asking them if they would like to make any recommendations at this point to the Council in a general way (not in this specific case) there may be more problems' like this as people continue to build in Florida Shores. Chairman Millard called for a vote. The Board voted in favor of granting the variance 5-0. Chairman Mil.lard stated that the variance was granted on the basis. that the requirement for this particular plot of land is too stringent. The location of the carport is in an agreeable position toward the rear of the house. The land is high so there would be no obstruction of any traffic. It preserves a row of trees and we are going to put into the variance statement that the carport must remain open. The Board will present its recommendation to the City Council for their approval and Mr. Kuse will be notified of the final decision. The next variance was a request from Mr. Norman Billups of 1860 Pine Tree Drive who was asking for a 151 variance for the purpose of building an aluminum addition to his carport. Mr. Billups spoke to' the Board and said that he needed this addition to prevent flooding of the utility room and walkways. The secretary said that the legal ad had been placed in the newspapers, the abutting property owners notified and their response received and the property had been posted.' Mr. Billups told the Board that Mr. Inskip of Florida Awning Co. was at the meeting to testify to the need for extra protection from the flooding problem. 2 .v. ~..:'. o o .... Chairman Millard asked for opinions from the Board members. Mr. Lupinek asked if Mr. Billups had had this house built. Mr. Billups said. that he purchased the house. There was no one in the audience that objected to this addition. Mr. Inskip (Florida Awning) discussed the large amount of water that accumulated around the rear door and the airconditioning unit when there are heavy rains. Mr. Lupinek said that it was obvious that the present owner did not create his own hardship. It was determined that Mr. Billups is actually adding an extension to his roof not a full carport. The extension would provide protection from the flooding problem. It was also established - that the house was built prior to 880. Mr. Lupinek said that the slab slopes to the house so that this area needs a roof over it to keep the area from flooding. Upon roll call the Board voted in favor of granting the variance. Chairman Millard said that the Board would grant the variance on the basis of hardship and that the carport or addition must remain open. The City Council will be notified and Mr. Billups will be informed as to their decision. Chairman Millard spoke about Mayor Christy's request to have a Board member at the Council meetings when there is something on the agenda pertaining to a Board decision. The Board voted to have Mr.. Asting represent them at Council meetings. Mr. Poland was chosen as the alternate representative. The meeting was adjourned. Minutes submitted"by Nancy Blazi 3 I \.....-4 III- .;11' u o f" CITY OF EDGEWATER BOARD OF ADJUSTMENTS Regular Meeting and Public Hearing Held February 8, 1978 Chairman Millard called the meeting to order at 7:00 P.M. in the City Clerk's office at City Hall. ROLL CALL Mr. Neil Asting Mr. Jerry Fenske Mr. Lewis Lupinek Mr. Kenneth' Millard Mr. Jim Poland Present Present Present Present Present The Board approved the minutes of the January 11, 1978 meeting and public hearing. Chairman Millard asked if all the members had visited the properties under. consideration for variances. All the members had visited these properties. Chairman Millard reminded all those present that anyone testifying before the Board is under oath and subject to perjury charges in the event of false evidence. The first request for a variance was from Mr. Harry Kuse of 2802 Sable Palm who was asking for a 161 variance for the purpose of building a carport. The secretary reported that the legal ad had been placed in the paper, the abutting property owners notified and their response noted and the property had been posted. There was no one in the audience who objected to the granting of this variance. The Board discussed the various distances from the front and sides of the house to the lot line. Mr. Asting said it appeared to him to depend on which way the house was facing in reference to various setback regulations. Mr. Poland said that he had to stay 30' off of all streets. The front.yard has to be 30 ft. from the street. According to 880 he has to be 30' off any street. It was established that Mr. Kuse had 3 lots and he had 1201. Mr. Millard asked if anyone knew what the purpose of the corner regulation was. Mr. Poland said he believed that it was probably to keep_an;attractive appearanceand_eliminat~saf~ty hazards. He thinks that this piece of' property is a unique situation that is faced by very few lots in Edgewater and in Florida shores. This lot is so high, its a good 4' from the road to the ground and he has a line of pine trees (121 or more in heighth). He sees no problem with the full 20' carport not with that specific setup. Mr. Millard said there is another aspect to this case. In most corner lots it is part of a regular more or less rectangular or square residential block of lots and there are a number of houses going around the sides of that block. There is then a point of having the corner house come back to line up with all the other houses on the street. In Florida shores there are two rows of lots and two _ r ~... . ... u o .. ro~s of houses, on the ends there are no interven~ng houses between the two corners. This is generally true for Florlda shores. The purpose of the R-3 was to line up corner hous~s with houses on the street, in this instance there are no houses ln between. He questions whether this is a practical requirement or has an unnecessary hardship been imposed on all owners of corner houses. There can only be two corner houses there is nothing possible in between. Logically it creates a hardship and pursuing that you would come back to the 10% rule or 10 ft. from the side lot. Mr. Poland says that if he.~b({r;lds the way he wants and according to his (Mr. Kuse) very detailed description, he is more than 10% of the width of his property off the property line. Mr. Poland says that he feels the carport is a reasonable addition to the house and the way it is laid out behind the pine trees there is no visual extension of the house from the main entrance. It is not a solid wall. Mr. Millard asked Mr. Kuse if he was planning to out up a wall. Mr. Kuse said that the carport would be open. Mr.. Millard said they would put it in the variance and if a wall was ever built Mr. Kuse would be fined. Mr. Lupinek said that Mr. Kuse was a friend of his and therefore he would rather not comment too much on this variance and he would go along with the majority decision of the Board. He added that the Board might be setting a precedent on this case. Chairman Millard reassured him that no ruling by the Board on any one case establishes any new law or changes any regulation from there on. The ruling is for each individual case. He sugggested that possibly the Board should send a memo to the Zoning Board asking them if they would like to make any recommendations at this point to the Council in a general way (not in this specific case) there may be more problems like this as people continue to build in Florida Shores. Chairman Millard called for a vote: The Board voted in favor of granting the variance 5-0. Chairman Millard stated that the variance was granted on the basis that the requirement for this particular plot of land is too stringent. The location of the carport is in an agreeable position toward the rear of the house. The land is high so there would be no obstruction of any traffic. It preserves a row of trees and we are going to put into the variance statement that the carport must remain open. The Board will present its recommendation to the City Council for their approval and Mr. Kuse will be notified of the final decision. The next variance was a request from Mr. Norman Billups of 1860 Pine Tree Drive who was asking for a 151 variance for the purpose of building an aluminum addition to his carport. Mr. Billups spoke to the Board and said that he needed this addition to prevent flooding of the utility room and walkways. The secretary said that the legal ad had been placed in the newspapers, the abutting property owners notified and their response received and the property had been posted. Mr. Billups told the Board that Mr. Inskip of Florida Awning Co. was at the meeting to testify to the need for extra protection from the flooding problem. 2 ~, o o Ch~irman Millard asked for opinions from the Board members. Mr. Lupinek asked if Mr. Billups had had this house built. Mr. Billups said that he purchased the house. There was no one in the audience that objected to this addition. Mr. Inskip (Florida Awning) discussed the large amount of water that accumulated around the rear door and the airconditioning unit when there are heavy rains. Mr. Lupinek said that it was obvious that the present Dwner did not create his own hardship. It was determined that Mr. Billups is actually adding an extension to his roof not a full carport. The extension would provide protection from the flooding problem. It was also established - that the house was built prior to 880. Mr. Lupinek said that the slab slopes to the house so that this area needs a roof over it to keep the area from flooding. Upon roll call the Board voted in favor of granting the variance. Chairman Millard said that the Board would grant the variance on the basis of hardship and that the carport or addition must remain open. The City Council will be notified and Mr. Billups will be informed as to their decision. Chairman Millard spoke about Mayor Christy's request to have a Board member at the Council meetings when there is something on the agenda pertaining to a Board decision. The Board voted to have Mr. Asting represent them at Council meetings. Mr. Poland was chosen as the alternate representative. The meeting was adjourned. Minutes submitted:by Nancy Blazi 3