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04-07-1975 (...) w /-~~ r/"'U f BOARD OF ADJUSTMENTS PUBLIC HEARING APRIL 7, 1975 The Public Hearing of the Board of Adjustments of the City of Edgewater, Florida, was called to order April 7, 1975, at 7:30 P.M., by Chairwoman Woodard. ROLL CALL Alice Murphy Marie Nichols Cliff Denton Jerry Fenske Phyllis Woodard Attorney Joe Weaver Present Present Present Present Present Present Chairwoman Woodard established the ground rules for a Public Hearing, then she read the Notice which was published in the newspaper. CASE A - Mr. and Mrs. Dupont Murphey, 2008 S. Riverside Drive Edgewater, Florida are requesting a variance in the setbacks required for the rear yard so they can construct an addition to their present home. Mrs. Woodard asked Mr. and Mrs. Murphey if it is correct that from the edge of the carport there is 18 feet to the property line. Mr. Murphey stated that this is correct, and this carport is not going to be extended any further. Mrs. Woodard read a letter from Mrs. Phyllis Cramer, an adjacent property owner of Mr. and Mrs. Murphey, stating that there is no objection to this addition. Mrs. Harris, from the audience stated that she is an adjacent property owner and she has no objection. It was explained that the carport will not be completely closed in. Mrs. Matthews, another adjacent property owner, spoke to the board that she has no objection to this addition. M~s. Woodard called for a motion to grant the variance. Mrs. Nichols made a motion to grant this variance to Mr. and Mrs. Murphey, being seconded by Mr. Fenske. Mrs. Alice Murphy stated that the reason she is favorable is that she feels that when the street builds up every other house on thht street will be 20 feet from the one next to it, and this one will be 28 feet, which will be in uniform. Mr. Denton stated that he would like to amend the motion to specify that the carport will not be enclosed. Mrs. Woodard asked the attorney what should be acted on. Mr. Weaver stated that he didn't think you can amend a motion after a second has been made. Mr. Denton asked when could you amend it then? Mr. Weaver stated that if you have a withdrawal then you can make an amendment. ~ ~ Mr. Denton then stated that you can amend a motion, and the amendment is voted on first, then if it fails you vote on the original motion. Mrs. Woodard stated that we have an amendment on the floor that the carport not be enclosed, Mr~. Murphy seconded the amendment. Mrs. Dupont Murphey explained that they don't intend to en- close the carport, except at the north end so that they can build the stairway. Mr. Denton withdrew his amendment, Mrs. Murphy withdrew her second. Mrs. Woodard called for roll call on the motion to grant the variance. Upon roll call vote said motion CARRIED. There being a 5-0 vote. It was explained to Mr. and sent as a recommendation to this coming Thursday night. at that time. Mrs. Murphey that this will be the Council for their meeting The final action will be taken CASE B - Harris Construction is requesting a variance for side setbacks on the property at 104 Yelkca Terrace, Edgewater, Florida for the construction of a two story, two family home to include a business on the first floor. Mr. Weaver explained to Mrs. Harris that any motion made tonight by the Board of Adjustments will be contingent upon the City Council's action on passing the amendment on Ordinance No. 880 regarding building of business and residences together. It was explained that they are asking for a 10 foot variance on one side and a 4 foot variance on the other side. It was explained that an adjacent property owner did come into City Hall and stated to the City Clerk that he has no objection. There was much discussion in regard to the parking required for this construction. Mr. Harris stated that he is asking for a front setback also. There was more discussion about the parking area, Mr. Denton read from the Ordinance to make sure this conforms. Mr. Weaver stated that the application shows that the east side of the building will be 16 feet off the lot line, the west side 10 feet, and the closest point to the ~treet on the north side will be 25 feet, and 30 feet behind the building. Mr. Harris explained that the front actually is 28 feet from the lot line, the second floor has an overhang, which comes out to 25 feet. City Attorney Weaver stated that the front setback is 40 feet and the rear yard is 20 feet. There seems to be no problem with granting the variance on the side setbacks, but you would have to build the building back 10 more feet and you will still need, a variance on the front setback because you will be back 35 feet instead of 40 feet. -2- ~ ~ Mrs. Woodard stated that she wanted to get this clear, Mr. Harris's front setback which was 25 feet, and we are asking him to go back 5 feet further and go 30 feet, and the 16 feet on the east side, asking for a 4 foot variance and on the west side you are asking for a 10 foot variance. Mrs. Murphy asked what this would give him as a back yard depth? Mr. Weaver stated that this would give him 25 feet in the back yard, and the Ordinance requires a 20 feet yard. Mrs. Woodard asked if there were any more questions, and then she called for a motion from the floor. Mrs. Nichols made a motion that we g~ant the variance as so stipulated, the 30 foot setback in the front, 16 on one side, 10 feet on the other side, with the contingency that the Council amend Ordinance No. 880, being seconded by Mrs. Murphy. Upon roll call vote said motion CARRIED. There being a 5-0 vote. CASE C - James Cartee d/b/a Government Builders, Inc., requests a variance on the Lots 20,30,32,34,36 and Lot 50 Pointer Sub., No.1 for the purpose of constructing single family residences on each lot. Mr. Cartee presented his surveys to the board, which he was requested to have for this Public Hearing. Mrs. Woodard asked Mr. Hall if he was the owner of the property and when he purchased it? Mr. Hall stated yes, he purchased this property in September of 1974. Mrs. Murphy asked why a Mr. Arnette is shown as the owner of record. Mr. Pointer stated that if the board would have their attorney look this up he will find that the owner is C.H. Pointer. The City Attorney stated that they are asking for a 5 foot side setback variance, but as it was pointed out, due to the fact that the lots are only 55 feet and did comply with the Zoning Ordinance as requiring a 75 foot front on the lot, they also came back in and reapplied for a variance on the lot size itself. Mrs. Murphy asked if this has been advertised that way? Mrs. Woodard stated that she has not received any of the new information on this. Mr. Weaver stated in that case nothing can be done. Mr. Cartee asked if the board would just act on the original request. Mr. Weaver stated that at this point handling the 5 foot set- back is not going to answer any questions at all, they will still have to get a lot size variance. He stated that perhaps it would be best to table this until we get it properly notified to the public. -3- '--> w Mr. Cartee asked what the board wants? Mr. Weaver stated that he has done what he needed to do, but the formal notice that has gone out did not show that he applied for a lot size variance. Mr. Cartee stated that his point is that it is kind of dumb for him to continue this thing if he is not going to be granted the 5 foot variance. Mr. Denton stated that he feels that they should act on the 5 foot variance, and that way Mr. Cartee will know whether he wants to come back with another application for a variance on lot size. Mrs. Woodard stated that she would like to ask Mr. Pointer some questions since he was here. She asked if some of the ~eople in the area at one time wanted to buy some of this property, and if these people are preRent? Mr. Pointer stated that he believes so, however what does that have to do with the variance? Mrs. Womack spoke to the board about this. Mrs. Woodard stated that she would make a suggestion to table this matter, and she asked for a motion to that effect. This died for a lack of a motion. Mr. Denton stated that the question comes back to the 5 foot variance. Mrs. Woodard stated that we have to meet five criteria and she began reading from the Ordinance. Mrs. Woodard called for a motion. Mr. Denton asked if in order to consider this we have to have a motion? Mr. Weaver answered yes. Mr. Denton made a motion that the side setbacks be accepted, and in connection with his motion he read from Mr. Ernest R. Bartley, Urban Planning Consultant in regard to bardships, and Mr. Denton stated that he wants to specify that he in- tends to vote against his own motion. Due to there being no second, Mrs. Woodard stated that she is stepping down from the chair and would like to make a second to the motion. The chair was turned over to Vice Chairwoman Murphy. Mrs. Murphy asked the audience if anyone wishes to say anything. Mr. Don Ramsey spoke to the board in objection. Mrs. Nichols stated that she is calling for the Question. Mrs. Murphy stated that she thought that since the public is here they should be heard if they have something to say. Mr. weaver stated that when someone calls for the question that is an automatic roll call. -4- <..-> w Upon roll call vote said motion DIED. There being a 0-5 vote. Mrs. Nichols made a motion to adjourn the Public Hearing, being seconded by Mr. Fenske. Upon roll call vote said motion CARRIED. Meeting adjourned. -5-