02-03-1975
.',
o
<-)
ZONING BOARD OF ADJUSTMENTS
PUBLIC HEARING HELD
,FEBRUARY '3, 1975
The Public Hearin~ of the.Zoning Board of Adjustments was called'
to order by Chairwoman Woodard Monday, February 3, 19.75, at 7:30.
ROLL CALL
Mr. Denton
Mr. Fenske
Mrs. Murphy
Mrs. Nichols
Mrs. Woodard
City Attorney Weaver
Present
Present
Present
Present
Present
Present
Chairwoman Woodard read the agenda for the Public Hearing.
CASE IIAII _ Kenneth.M. Dudley requests a variance for the re-
modeling of the Edgewater Chapel. The legal description of the
property i.s Lots 1 and 2 lying Easterly of U.S. Highway No. I
Right-of-way, Block IIBII, Yelkca Terrace Sub.di'vision at 433 N.
Ridgewood.
Mr. Robert Howar~, Architect, spoke on behalf of Mr. and Mrs.
Dudley. Mr. Howard passed out p~.ans of the new addition to
the Chapel. He stated that Mr. and Mrs. Dudley are asking
for a front setback variance. There were questions from
members of the board, which Mr. Howard answered.
City Attorney Weaver pointed out to the board that the criteria
set out in Section 904.1 in the Zoning Ordinance are the ques-
tions which the board should answer in allowing variances.
Mr. Weaver read these questions and the board answered each
of them as he went along.
v Mr. Denton made a motion to grant Mr. and Mrs. Dudley the
variance, being seconded by Mr. Fenske.
City Attorney Weaver stated that this should be a variance
for both the front and side lot lines.
Upon roll call vote said motion CARRIED.
CASE IIBII _ James A. Gilligan requests a variance in setback so
he can construct a single family dwelling on Lot 11, Block 11,
Totem Park Subdivision.
Chairwoman Woodard explained that with the new setback require-
ments Mr. Gilligan1s house would have to be built back~further
than the other houses on his street. He is asking to be allowed
to build his house in compliance with the setback requirements
which were in effect when he bought his property. There were
questions from the board members, which Mr. Gilligan answered.
The board went through Section 904.1 of the Zoning Ordinance
answering the criteria listed.
, Mrs. Nichols made a motion to grant Mr. Gilligan this varlance
being seconded by Mrs. Murphy. Upon roll call vote said motion
CARRIED.
o
o
(ASE 11(11 _ William Borgerson requests a variance for the con-
struction of a carport at 705 Flagler Avenue. This property
is Lot 28, Edgewater Acres, Unit 6.
Chairwoman Woodard read two letters from the adjacent property
owners of Mr. and Mrs. BQrgerson stating that they do not ob-
ject to this carport bei~~ built.
It was explained that Mr. Borgerson started building this
carport without a building permit, and :when he was told that
he needed a building permit, and he applied for one he was
infopmed that he was not meeting the setback requirements.
The board discussed the criteria in Section 904.1 of the Zoning
Ordinance.
There was much discussion in regard to this problem. Mr. Denton
stated that his only objectio~ was to the building without a
permit. C.ity Attorney stated that there is a penalty fee for
this. .'
J Mrs. Nichols made a motion to grant Mr. Borgerson the variance
being seconded by Mr. Fenske. Upon roll call vote said motion
CARRIED.
CASE 11011 - James Porta for Robert Bennett request a variance
in Lot size to allow two single family residences to be con-
structed on Lots 17 and 18, Edgewater Shores Subdivision.
Under the new Zoning Ordinance these lots are. two small .to
divide into two building lots. II
City Attorney Weaver read from Section 400.01 of the Zoning
Ordinance IIlf more than two lots or a combination of lots or
portions of lots with continuous frontage and single owner-
ship areof record of the time of passage or amendment of this
Ordinance, and if all or part of the lots do not meet the re-
quirements established for lot width and area the lands in-
volved shall be considered to be an undivided parcel for the
purposes of this Ordinance.1I
Mr. Denton stated that this refers to more than two lots and
we are speaking of only two lots.
Mr. Weaver read further IINor shall any division of any parcel
be made which creates a lot with width or area below the re-
quirements stated in this Ordinance.1I
Chairwoman Woodard pointed out that the other homes in this
area were built under the original zoning and that if it is
not taken into consideration to let the man build on each lot,
he will be building one larger home on the two lots and over
building for the area.
The board members went over the criteria in Section 904.1 of
the Zoning Ordinance.
J Mrs. Nichols made a motion to grant Mr. Bennett the same
privilege as anyone has on that street, with a minimum square
footage on the lots of approximately 6500 feet, being ~econded
by Mr. Fenske. Upon roll call vote said motion CARRIED~
At this time Chairwoman Woodard made the announcement that the
Zoning Board of Adjustment's workshop meeting will immediately
follow this Public Hearing.
I.
-2-
o
Q
Mrs. Nichols made a motion to adjourn the Public Hearing,
being seconded by Mr. Denton. Upon roll call vote said
motion CARRIED.
Public Hearing adjourned at 8:35 P.M.
~
~
-3-