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05-14-2003 OTYOFEDGEWATER P1amting and Zoning Board Regular Meeting Wednesday, May 14, 2003 6:30 p.m. 1. CALL TO ORDER Chairman V opelak called to order the Regular Meeting of the Planning and Zoning Board at 6:30 p.m., May 14, 2003 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. 2. ROLL CALL Members present were Chairman Edwin V opelak, Robert Garthwaite, Donald Masso, and Anton Heeb. Russell Mullen, Charlene Zeese and Kristine Pluscec were excused. Also present were Chief Planner Darren Lear; PlaTIning Technician Bonnie Wenzel; . Economic Development Board member Tom Hainall arid Tara Boujoulian,' Environmental Specialist III from the County of V olusia. 3. AFPROV AL OF MINUTES Mr. Masso made a motion to approve the minutes of the. April 9, 2003 as read, second by Mr. Garthwaite. MOTION PASSED 4-0. 4. .oLD BUSINESS PUBUC HEARING V A-0302- James Morris, authorized agent for John and Yvonne Bice, owners requesting a variance from Section 21-41.04(a), Section 21-42.05(e) and Section 21- 50.02(Table V-1) of the Land Development Code to allow: a 15.4-foot setback in lieu of the required 25-feet setback to wetlands vegetation arid a 21.23-foot setback in lieu of the required 50-foot setback to the mean high water line along the north property line; and a 13.46-foot side setback in lieu of the required 15-feet along the south property line; and a front setback of 30.72-feet in lieu of the required 40-feet for construction of a single family home located on the parcel. east of 218 S. Riverside Drive. (parcel # 7428-00-00-0020) (continued from the April 9, 2003 P&Z Board Meeting) Mr. Lear provided information regarding this request. He stated the owners of the property came to him several months ago with a plan for this parcel. The City has been authorized to utilize the services of V olusia County Environmental Services Division regarding development within wetland area. Staff and V olusia County 5-14-03 P&Z minutes 1 CITYOFEDGEWATER Planning and Zoning Board Regular Meeting Wednesday, May 14~ 2003 6:30 p.m. have examined the site as well as the plans and have made recommendations to the owners, who have agreed to and modified their plans accordingly. James Morris, 420 S. Nova Road Daytona Beach, asked what the procedure was for affirmative action regarding the Board. Chairman V opelak stated they had a quorum. Mr. Morris stated that the applicant did continue the request and had the opportunity to attend the City Council meeting and met with staff and the V olusia County Environmental specialist. Based on those meetings, the plans have been revised, and a planting plan has been developed by Joe Young of BCS. The owners also agree to the recommendation in the e-mail sent by Tara Bop.joulian to Darren Lear on May 13, 2003 (see attached). He added that this is a buildable lot and that without variances of some sort no building can occur and as there' are peripheral wetlands but they will not be impacted. He further added that the view of the property across the street should not be protected by denial of this variance to allow reasonable use of the property. Mr. Garthwaite asked how it is determined if a lot isbuildable. Mr. Lear stated that when you have a parcel like this, where the platted lot goes into the river, you have to take the amount of uplands, Joe Young did the calcuation of the square footage of uplands. He added that the Property Appraisers classification does not come from the City, that comes from the Property Appraiser, it does not pertain to the City. Mr. Garthwaite asked if this lot was previously part of the lot to the south. Mr.,Lear stated that the best staff could tell from research was that this parcel and the parcel to the west (also owned by the Bices) was at one time a single parcel, he was not aware of this ever being a part of the parcel to the south. Mr. Garthwaite voiced concerns that the lot was created illegally and therefore a non-conforming lot. Mr. Lear stated the lot was created in 1992 or 1993 and it would not fall under the non- conforming lot of record, it would have had to have been created before 1974. Mr. Garthwaite stated he would feel more comfortable if he there was no improper subdivision. Mr. Lear stated he could not say what happened in 1993. He added that Mr. Bice acquired a 30-foot section to the south of the lot that he originally owned. Mr. Morris stated there was an easement in favor of DOT (probably for drainage) the Bice's took quiet title action and eventually acquired additional property to add onto their land, the easement actually separated their property and the property to the south. He added that as far as this being a legal lot, the building 5-14-03 P&Z minutes 2 CITY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, May 14, 2003 6:30 p.m. official is aware of the property and has been working with staff and there is no indication whatsoever that it is not a legal lot. Mrs. Yvonne Bice, 218 S. Riverside Drive state she purchased the property in 1993 from the Sullivans, she did not know when the property to the east was filled, but thought it was in the 1950's. Mr. Morris stated the information Mr. Garthwaite was looking for could be obtained through title research., Mr. Morris further stated that the only thing stopping them from getting a building permit was the setbacks. Mr. Lear stated that the lot as it is goes out into the river and,meets the code , requirements for lot size. Mr. Garthwaite again ,asked if-the lot was legally , subdivided. Mr. Morris stated the Board could add a condition to approval that the legality of the lot be determined. Mr. Heeb asked Mr. Morris if he was aware that Ms; Boujoulian senta memo with additional requirements. Mr. Morris stated'he already addressed that iSsue. , , Mr., Garthwaite spoke of the flooding on this property. Mr. Mo~ addressed the issue. Tara Boujoulian stated that she reviewed the request for the City and gave her recommendations. She stated the most important concern was that of the buffer areas. Mr. Morris submitted a petition of support to the Chairman (see attached). Bob Schmitz, 216 N. Riverside Drive, made a presentation for denial of the variance entitled" Another Endangered Species" (see attached). Mr. Heeb asked Mr. Schmitz what his personal interest was for there to be no building on this property. Mr. Schmitz stated that it was the encroachment on the people who enjoy the view. Mr. Heeb then asked Mr. Schmitz if he would be willing to purchase the parcel from Mr. and Mrs. Bice to ensure the view was kept. Mr. Scmitz stated maybe. Mr. Heeb stated he felt Mr. Schmitz was asking them to give him use of the Bice's property. Mr. Morris asked Mr. Schmitz how he knew there were wetlands on the property and stated that many of his remarks were incorrect. 5-14-03 P&Z minutes 3 CITY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, May 14, 2003 6:30 p.m. Chairman Vopelak called a recess at 7:25. The meeting resumed at 7:30 p.m. Wally Ebert, 224 N. Riverside Drive presented a petition of objection to the variance' to the Chairman (see attached). Mr. Ebert explained the research he did concerning the Bice property. He added that the Property Appraisers office said the City determines if a lot is buildable or not. He stated that his opinion was there should be no variance to the setbacks. He stated the Board should be flexible, but not throw out the codes. Doris Tomjenovich, 131 Plaza Lane, stated the Board waS responsible to consider the facts. She asked how a driveway will be built with the power poll there. She stated that itappears the community leaders will pass anything to get tax dollars. , ' Ferd Heeb, 115 N. Riverside Drive stated there are oIllY approximately 13 buildable lots left on Riverside Drive. He stated that the applicant has met with City and County Staff and were given criteria to meet and they will. He stated the lot is irregular and feels the variance should be granted. " Mr. Ebert asked how the Bice property was buildable. Mr. Ferd Heeb stated they just want to settle this matter. He asked Mr. Bice when he acquired the easement. Mr. Morris stated it was December 2002. Pat Card, 3019 Willow Oak Drive, stated that the property on Riverside Drive has the largest tax base. He said if you allow people to build on the river he will save money. He added that the dispute seems to be all about view, and the only way to protect your view is to buy the property. He statedhe would like to see this request, approved. J. Michael McKay, 1717 S. Riverside Drive asked if this was a setback issue. Mr. Lear stated the variance was needed for the setbacks. Mr. McKay reminded the Board of the commercial style garage build on Riverside Drive. He stated that the Bices' should be allowed reasonable use of their property. Jason Harris, 627 Faulkner St, New Smyrna Beach, stated some people think differently of view, and that building codes are set for a reason, if you grant total variances you allow the building codes to be ignored. 5-14-03 P&Z minutes 4 CITY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, May 14,2003 6:30 p.m. Bob Kayat, 1605 S. Riverside stated that the Bices got with City staff, V olusia County and worked on a plan. Mr. Heeb stated that the City has brought in many people to research this property and staff has said if the applicant abides by their decision they can build. Mrs. Tomljenovich asked the Board if they do this for everyone. Mr. Lear stated the City has only recently been authorized to use V olusia County Environmental Services and this is the first request. Mr. Ferd Heebspoke about codes being established to control density, and the development of this parcel would not change the denSity of the land. . Mr. GarthwClite stated they are looking to protect the environment also. He asked if this lot meetS the code requirements. Mr. Lear stated that a portion of the property was in therlver, therefore the platted lot does meet the code, 'you then base the area on uplands. Mr: Lear added that according to Joe Young the uplands for this parcel. . is 13,895 square feet of upland area. There being no further discussion regarding this request Chairman V opeIak closed the public hearing. Mr. Heeb made a motion to approve the variance request from Section 21-41.04(a), Section 21-42.05(e) and Section 21-50.02(Table V-I) of the Land Development Code to allc:rw: a 15.4- . foot setback in lieu of the required 25-ftet setback to wetlands vegetation and a 21.23-foot setback in lieu of the required 50100t setback to the mean high water line along the north property line; and a 13.46-foot side setback in lieu of the required 15-feet along the south property line; and a front setback of 30. 72-feet in lieu of the required 40-ftet for construction of a single family home located on the parcel east of 218 S. Riverside Drive subject to the follc:rwing conditions; The applicantjc:rwners comply with the recommendation of Volusia County Environmental Management Division concerning wetlands alteration, including approval of the native planting prior to installation, the stormwater design is approved by the City engineer, the native vegetation plantings are approved by Volusia County Environmental Management Division after installation, inCluding the latest approval for non-administrative variance application is agreed to by the applicant, and verification that the lot is a legally buildable lot, not improperly subdivided. (conditions accepted by Mr. Morris). Motion CARRIED 4-0 5-14-03 P&Z minutes 5 CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 14,2003 6:30 p.m. NEW BUSINESS PUBliC HEARING A. V A-0303 - Tami Ann Rudd, authorized agent for David Taylor, requesting a variance from Section 21-50.02 (Table V -1) of the Land Development Code to allow a rear setback of 23:t feet in lieu of the required. 50-feet when adjacent to residential zoning/use, and from Section 21-54.04 (Table V -5) for property located at 2717 Guava Drive. Chairman V opelak opened the public hearing and Mr. Lear provided. further information regarding this request. He stated this site plan was approved by the Technical Review Committee in early 2000 arid the' approval has expired prior to' any construction. Since the approval the Land Development Code 'has changed and the applicant is now required to seek a variance. .' ' Chairman V opelak asked what Virburnum . was. Mr. Lear stated it was vegetation that wotiId grow to approximately seve!). (7)-feet. Mr. Hamall stated , the Viburnum could grow up to 20-feet dependillg on the species. ' Mr. Heeb asked if they were asking to eliminate the chain link fence shown on the plan. Mr. Lear stated they were asking for a variance to the buffer yard requirement of a masonry wall. Mr. Masso asked if they would be required to maintain the vegetation. Mr. Lear stated the Code requires the maintenance of all required landscaping. There being no further discussion Chairman Vopelak closed the public hearing. Mr. Garthwaite made a motion to approve the variance from Section 21-50.02 (Table V- 1) to allow a rear setback of 23:t feet in lieu of the required 50-feet when adjacent to residential zoning/use and from Section 21-54.04 (Table V-5) to construct a warehouse at property located at 2717 Guava Drive based on the condition that the proposed Viburnum is installed along the entire perimeter of the rear yard. Mr. Masso seconded. Motion CARRIED 4-0. 5-14-03 P&Z minutes 6 CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 14,2003 6:30 p.m. B. CU-0301 - Janet Dutton, authorized agent for Robert Eccleston, owner of RL. Eccleston and Associates, requesting a Conditional Use Permit to allow outdoor storage to be located at 2724 Hibiscus Drive. Chairman Vopelak opened the public hearing and Mr. Lear explained the request. Mr. Heeb asked what kind of containers would be used for storage. Janet Dutton, authorized agent, stated she was unsure. Mr. Lear stated he thought they. would be shipping containers. Mr. Heebasked what kind of setbacks. would, be required. . Mr. Lear stated there would be a 10-foot side setback, as there is for all structures. Mr. Heeb stated the Code requires 'all chain Hnk fencing to have slatting, this particular fence has Fern Cloth, will slatting be . ~ . . required, and a 10-foot setback. Ms. Dutton's,tated that she understood the fern cloth to be. acceptable, and she does not imderstand what is. meant by the setback Discussion ensued regarding the height of the shipping containers and the height of the fence. Mr. Garthwaite would like to see the containers placed on some type of foundation. Ms. Dutton stated she believed the storage would be open/covered storage for boats and RV.'s, etc. There being no further discussion, Chairman V opelak closed the public hearing. Mr. Garthwaite made a motion to table this request to the June Planning and Zoning Board meeting to allow more clarification as to the type of storage being requested. Mr. Heeb seconded. Motion CARREID 4-0. . C. CU-0302 - John Gaffney, authorized agent for John R Calderwood, dba Sharlanco LLC, requesting a Conditional Use Permit to allow the construction of four (4) duplexes on property located on India Palm Drive, south of 33rd Street. 5-14-03 P&Z minutes 7 CTIY OF EDGEW ATER Planning and Zoning Board Regular Meeting Wednesday, May 14, 2003 6:30 p.m. Chairman Vopelak opened the public hearing and Mr. Lear gave some background information regarding this request. He stated the construction of duplexes would be consistent with this area. Mr. Heeb stated the houses in this area were nice and asked Mr. Gaffney is he had any other homes on the street, other than the two (2) to.the south. Mr. Gaffney stated he did not, and that the new homes he is proposing would be the same as the ones he previously built. There being no further discussion Chairman V opelak closed the public hearing. Mr. Heeb made a motion to approve the Conditional Use Permit to. .allaw the construction of four (4) duplexes to be located. on India Palm Drive in the B-2. . (Neighborhood Business) zoning district. Mr. Garthwaite secon-ded. Motion CARRIED. 4-0. D. CD-OgOg - David Scott, owner of Southeastern Architectural Railing, authorized agent for E.W. Burbaugh, requesting a Conditional Use Permit . to allow the light manufacturing of aluminum railing, gates and fencing at property located at 2056 Guava Drive. Chairman Vopelak opened the public hearing and Mr. Lear gave background information regarding the request. Mr. Garthwaite stated he would like to see this area cleaned up. Mr. Heeb stated he was informed the area would be cleaned up. David Scott, applicant stated the . items in front of this location would be removed. Mr. Heeb asked if there would be any etching or anodizing done at this location. Mr. Scott stated there would not be. There being no further discussion Chairman V opelak closed the public hearing. Mr. Garthwaite made a motion to approve the Conditional Use Permit to allaw the light manufacturing of aluminum railing, gates and fencing at 2056 Guava Drive. Mr. Masso seconded. Motion CARRIED 4-0. 5-14-03 P&Z minutes 8 CITY OF EDGEW A TER Planning and Zoning Board Regular Meeting Wednesday, May 14, 2003 6:30 p.m. 5. DISCUSSION ITEMS A. Planning Directors Report Mr. Lear spoke about the summary of TRC meeting for the month of April. He let the Board members no that if they have any questions regarding any of the proposed development they could come see him. Mr. Lear informed the Board that the revised Land Development Code was adopted on May 5, 2003 and should be back from the printer on Friday. He also informed the Board that the Comprehensive Plan should be completed soon, and they would be getting new copies as soon as possible. B. Chairman's Report Chairman V opelak stated that he went to th~ Economic Development Board meeting that morning. . . . Chairman Vopelak stated that Mr. Mullen's term was to expire in June andhe would like to remain on the Board. Mr. Garth;waite made a motion to send a favorable recommendation to City Council to extend Mr. Mullen's term on the Planning and Zoning Board. Mr. Masso Seconded. Motion CARRIED 4-0. . C. Agency Member's Report Mr. Garthwaite stated he would like. the Planning and Zoning Board to review and send a recommendation to the TRC for all development in the business and industrial areas. He would like more input on.this .from the rest of the Board as well as Staff and discuss it further at the next m~eting. Mr. Heeb discussed the handouts he presented to the Board (see attached). 6. ADJOURNMENT There being no further business to discuss the meeting adjourned at 9:10 p.m. Minutes respectfully submitted by: Bonnie WenzelPlanning Technician 5-14-03 P&Z minutes 9