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03-03-1975 . , ~ I u U ZONING BOARD OF ADJUSTMENTS p~ PUBLIC HEARING HELD MARCH 3, 1975 The Public Hearing of the Zoning Board of Adjustments was called to order by Chairwoman Woodard Monday, March 3, 1975 at 7:30. ROLL CALL Mr. Cliff Denton Mr. Jerry Fenske Mrs. Alice Murphy Mrs. Marie Nichols Mrs. Phyllis Woodard City Attorney Joseph E. Weaver Present Present Present Present Present Present APPROVAL OF MINUTES Mr. Fenske made a motion to ac~ept^.the minutes of the Public Hearing, February 3, 1975, being seconded by Mrs. Nichols. Upon roll call vote said motion CARRIED. Chairwoman Woodard read the agenda for the Public Hearing. CASE "A" - John A. Griffith d/b/a Rapid Homes requests a variance on Lot 145, Map 19, Book 167, Edgewater Acres Resub., Unit 4 for the purpose of constructing a new home. Mr. Griffith stated that he is asking to use the setback require- ments which were in effect at the time that he purchased his property, which was in January of 1974. Attorney Weaver questioned Mr. Griffith as to the size of his lot and the size of home he wants to build. Mr. Griffith stated that he would like 5 foot side setbacks and 25 foot front setback, so to build the house as per the plans he has submitted to the board. Mrs. Murphy questioned if there is a ditch in his back yard. Mr. Griffith stated that there is and he needs to stay away from that. The board members went over the criteria set out in Section 904.1 of the Zoning Ordinance. There were no neighbors opposing this variance to Mr. Griffith. Mrs. Nichols made a motion to grant Mr. Griffith a variance, being seconded by Mr. Fenske. Mr. Denton questioned the septic tank drawn on the plans in front of the house. Mr. Griffith stated that this was not supposed to be ther.e, he will be hooked up to the City's sewer system. Mr. Denton explained that he spoke with the neighbors in thearea and the only concern is about the off street parking, and the plans show that this has been taken care of. Upon roll call vote said motion to grant the variance CARRIED. All members voting YES. Mrs. Woodard explained to Mr. Griffith that the Council will give this final approval at their meeting on March 13th. I ~ u u CASE IIBII - James G. Cartee d/b/a Government Builders request a variance on Lots 20, 30, 32, 34, 36, 48 and 50 in Pointer Sub., No.1 as recorded in MB 19, page 200, Public Records of Vol usia County, Florida for thepurpose of constructing new homes. City Attorney Weaver stated that looking at the application they are simply asking for the 5 foot setback also. Mr. Cartee explained that the homes he plans to build will range from $21,000.00 to $23,000.00, and the square footage \'/ill be 13,550. Mr. Hall stated that he purchased these lots in September or October of 1974. Mrs. Murphy stated that when Mr. Hall purchased these lots the Zoning had already been changed, and he should have known what the setbacks were. Mr. Richards stated that he is part owner-builder, and he believes that the homes they are going to build will enhance the area. Mr. Don Ramsey spoke to the Council, stating that when he bought his home in 1967 with the understanding that the City Ordinances would not allow building on the lot between his home and the next one, otherwise he would not have bought there. Mr. Weaver explained that theee is no way that a house can not be built on anyone of these lots. Mr. Britain, corner of Knapp and Palmetto, stated that the zoning was changed for a reason and if it's going to be changed back now it will have to be done again and again. Mr. Hall stated that he could build a duplex on this property without asking for a variance. Mrs. Womack stated that about two years ago when Carl Pointer was trying to build on these lots they were told that no house could be built on these lots because they were too small. She stated that she has tried to buy these lots and Mr. Pointer would not sell them. Mrs. Charlene Hall spoke to the board about the fence that is up on her property. She is also opposed to the new houses going up and crowding their neighborhood. Mr. Walter Lavendar asked what size house could be built on a 55 foot lot. Mr. Weaver stated that in this particular area 850 square feet and 750 square feet., and these house will be 975 square feet. There were quite a few more people opposing this; Mr. James Stack, Mr. Earl Beaman, Mr. Jeneran and Mr. O'Keef There was much controversy about the size of the lots in this area. There was also discussion about the fire hazard that will develope if these houses are crowded in on the vacant lots. -2- ~ w w Mr. Denton stated that it seems that there is no hardship Any prudent buyer of a piece of land would inquire about the zoning laws. This land was purchased after the zoning was passed, and he stated that he can't see how this board can possibly grant a variance without taking the law into its own hands. There was more discussion about the people being told that a house could not be bui1~ on these lots. Mr. Weaver explained that it was never the situation that a house could not be built on these lots, as a matter of fact if. there was only one lot in question it would be bard to find otherwise, except to let them build. There were more comments about people trying to buy these lots. Mr. Richards stated that maybe he could negotiate with these people and sell some of the lots. Mr. Weaver stated that there does seem to be some discrepancies about the lot sizes in this area, and it would be best if the gentlemen would have one of these lots surveyed so that the board would have some concrete information to see what the lot size is. Mrs. Nichols stated that everyone should keep it in mind that the case of record in New Smyrna where a man was allowed to build on a 30 foot lot, because that was all they had and the law does recognize the fact that a man can not be deprived of the use of his land and he must be given relief. Chairwoman Woodard stated that she would like to suggest to the board that we have Mr. Hall and Mr. Cartee and Mr. Richards to have all the lots surveyed so that action can be taken from there. Mrs. Murphy difference. doesnt like the surveys ligation on questioned whether the few feet would make that much The objection is still there. She stated that she to obligate these men go to the expense of having made, then there might be a certain feeling of ob- the part of the board to grant them the variance. Mr. Weaver stated that he believes that the board is going to have to let them build a house there, and it comes important to find but how big the lot is so that the board can make a decision on what type of variance to give or not to give. Mr. Fenske made a motion to table this matter until April 7th and have surveys ready at that time, being seconded by Mrs. Nichols. Mrs. Murphy stated that this is going to keep adding to the price of those lots so that if he finally decides to sell them to the people it's going to cost the people more because of all this extra expense. Mr. Denton stated that a buyer of a lot should have demanded a survey at the time of purchase. Upon roll call vote of the motion to table this matter, said motion CARRIED. Mr. Denton and Mrs. Murphy voting NO. Mrs. Nichols made a motion to adjourn the Public Hearing, being seconded by Mr. Denton. Said motion CARRIED. Meeting adjourned. -3-