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11-12-1975 . w w BOARD OF ADJUSTMENTS PUBLIC HEARING NOVEMBER 12, 1975 The Board of Adjustments of the City of Edgewater, Florida, was called to order by Chairwoman Murphy. ROLL CALL Mr. Denton Mr. Fenske Mrs. Nichols Mrs. Murphy Present Present Present Present PUBLIC HEARING -,--- Mrs. Murphy stated the ground rules for conducting a Public Hearing. She also read the notice which was published on this meeting: Mr. Bill N. Campbell requests a variance to construct a swimming pool on the following described property: Lot #24 Silver Ridge Unit #1. It was explained that Mr. Campbell is asking for a 22 foot variance from the front property line and a 2 1/2 foot variance from the side property line, and this is a corner lot. Chair- woman Murphy stated that this pool will not block the view around the corner. The present zoning is R~l. Chairwoman Murphy went over the criteria for granting a variance. Mrs. Nichols stated that we should keep in mind that all five of the criteria must be met, not just one. After reading the first criteria, Mr. Denton stated that he does not see any special conditions, as a matter of fact, you would have to grant everyone the same privilege or it would amount to spot zoning. The board members discussed the rest of the criteria. Mr. Larry Perkins, a neighbor of Mr. Campbell, spoke to the board members, saying that he is in favor of letting Mr. Camp- bell build a pool. Mr. Denton stated that what bothers him is that these are the dimensions of a swimming pool, and you will have to have an enclosure which will have to be larger than the swimming pool, and thi s is go ing to cu t..your setbacks even Ie s s, and it is this structure rather than the pool that is in question. Mr. Mackie, owner of the lot next door to Mr. Campbell, spoke giving his opinion of this. He stated that there will have to be a fence around this pool, it is law, and if your side set- back is going to be 7 1/2 feet now, then with this fence it is going to be less than 5 feet. He questioned how close to the front of the house the pool is going to be. ~ w w Mr. Perkins tried to explain exactly what the setbacks would be if Mr. Campbell built the pool. Mr. Campbell explained that the 15 x 30 dimensions include the entire structure around the pool, not just the pool itself. He showed the board members a drawing and a picture of the pro- posed structure. Mr. Denton stated that what he should be asking for is a variance for the entire structure, not just the pool. Chairwoman Murphy stated that she feels that we can handle this as the entire structure. Mrs. Mackie gave her opinion of this, stating that they have a lot up for sale right next door to Mr. Campbell, and this would be a detriment to them to try to sell their lot. She stated that she would not buy a lot if she saw this beside of it. Mr. Campbell stated that this investment is going to be between $5500.00 and $7000.00, and he doesn't see how it could be a detriment to their property. Mrs. Mackie stated that she was told by realtors that it would be. Mr. Don Kinyan spoke to the board, he is also a neighbor, and he has no objections to the pool. Mr. Mackie stated that he is not against anyone if it is within reason, however he thinks if you are going to build something, you would have a plan drawn up by whatever the structure is going to consist of, and the whole set up, so that you know what you are doing. This is only a drawing. Mrs. Nichols stated that this doesn't matter, all we are con- cerned with is can he build that close to the line, we do not ask for a blueprint of what he is going to do. Chairwoman Murphy stated that the Mackie's lot is the most effected and there is no question about that. She also stated that we do not want to cause people to go to a lot of expense with surveys and professional drawings, etc., until they know if they are going to be allowed to build as close to the line as necessary and so on. Mr. Campbell stated that a lot of pool companies will not go to the trouble and cost of giving a detailed drawing unless they know they have the job. Chairwoman Murphy asked if there was a motion from the board, stating that Mr. Campbell is asking for a variance to build an enclosure for a pool 18 feet from his front lot line and 7 1/2 feet from the side lot line. Mr. Denton stated that we should go back and remember that a variance is not a corrective form of improper zoning, this is up to the City Council. He stated that the term unnecessary hardship is a term that is very touchy. The board members went back over the information which has been received, and the dimensions of the structure proposed. Chairwoman Murphy stated that if there is not a motion, this will automatically die, and we will have to recommend it to the Council, however if a motion is made one way or the other, at least the Council will know how we feel. -2- ~ .. . ~ ~ Mr. Denton made a motion that a variance be granted for a 15 X 30 foot structure to enclose a swimming pool, being a variance of 22 feet on the front and 2 1/2 feet on the side, being seconded by Mrs. Nichols. Upon roll call vote said motion DIED. Mr. Denton, Mrs. Nichols, Mrs. Murphy all voting NO, Mr. Fenske voting YES. Chairwoman Murphy explained to Mr. Campbell that this will go to the City Council for final approval. ADJOURNMENT: Mrs. Nichols made a motion to adjourn, being seconded by Mr. Denton. Upon roll call vote said motion CARRIED. Meeting adjourned. Chairwoman Murphy -3-