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06-12-2002 CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 12, 2002 6:30 p.m. Chairman V opelak called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., June 12, 2002 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Chairman Edwin Vopelak, Robert Garthwaite, Charlene Zeese, Anton Heeb, Russell Mullen, Kristine Pluscec and Donald Masso. Also present were Chief Planner Darren Lear and Planning Technician Bonnie Wenzel. APPROVAL OF MINUTES Mr. Garthwaite made a motion to approve the minutes of May 8, 2002 as read, Mr. Masso seconded. MOTION PASSED 7-0. OLD BUSINESS VA-0207 - Doris Tomljenovich, authorized agent, requesting a variance from Section 21-50 Table V-I - to allow a front setback of 17-feet in lieu of the required 40-feet, and to allow a side setback of 4-feet in lieu of the required 25- feet. A variance is also sought from Sections 21-52.03 (a)(b)(c)(e) and (g) and from Sections 21-36.02(g)(h) and (j) to construct a prefabricated 8'x8' building at 423 N. Ridgewood Avenue. Tabled from May 8, 2002 P&Z Meeting. Mr. Lear explained to the board all the effort staff has put into this item, he also stated there was an outline from the Police Department. Mr. Vopelak asked if the officer would explain further. Officer Gary McElroy, Edgewater P.D. stated he placed four (4) conditions on this request, for traffic safety. Officer McElroy further discussed staff option "B". One of the concerns is the stacking lanes, the stacking lanes are proposed to be 20:t-feet shy of the code requirements. He preserved there to be traffic problems particularly in the morning hours and noted that the speed limit along U.S. 1 in this area is 45-mph. Mr. Heeb stated the for northbound traffic there is only room for one car, no room for cars at the auto shop. Mr. Vopelak noted that the only way to get into the auto shop was from the south. Officer McElroy stated this would cause stacking problems, and another lane would be needed to get to the auto shop. Mr. Heeb asked if there would be room for a car to turnaround in the area of the stacking lane and sidewalk, there does not seem to be enough room for a car to get out ofline there. Page I of I CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 12,2002 6:30 p.m. Ms. Noretta Harris, Seahorse Mobile Home Park, stated she owned the property across the street and that if the board allowed this it would set precedence for the vacant lot across the street, and that would create a bottleneck. Doris Tomljenovich, stated she went to a pre-application meeting in October 2002 and received a positive response for her project. She then went over the staff recommendations. She stated the owner of the property was not willing to combine the parcels, they would paint arrows on the driveway to direct traffic and suggest PVC pipe 15-feet from the kiosk to direct traffic. She stated concrete medians would be to costly and that DOT has been contacted for a "No U-Tum" sign, she was told it could take up to six weeks for an answer and it was not guaranteed one would be placed there. She also stated the owners agrees that no vehicles for the primary business will be stored or placed in the front setback area. Mrs. Tomljenovich further added that they would place "No parking" signs to discourage people from parking in the stacking lanes and would try to control traffic. She added that this site was a gas station and did not have any accidents during the 1980's. Mr. Vopelak stated that the population was very different now. Mr. Heeb asked how the traffic would be preserved during peak business hours. Mrs. Tomljenovich stated there would probably be only four cars maximum at a time, that it took a lot less time to serve coffee that it does to pump gas. Mr. Garthwaite stated the Board is being asked to approve this land for tow businesses, and feels the potential for conflict is great, they are also being asked to approve 10 variances and that bothers him. Mrs. Harris stated the State would not allow a driveway on the vacant lot across the street, if this parcel was sold there would be no access, there is too much traffic. Mr. Masso asked if staff was willing to make any changes to the recommendations. Mr. Lear stated no. Mr. Heeb stated that the idea was very good, but felt the demographics for this use were not good and this would create a hazard. Chairman Vopelak closed the public hearing and went over the findings of fact. Mr. Garthwaite made a motion to deny the request for a variance from the Land Development Code, Section 21-50 Table V -1 to allow a front setback of 17- feet in lieu of the required 40-feet and to allow a side setback of 4-feet in lieu of the required 25-feet, and from Sections 21-52.03 (a) through (e) and (g) and from Sections 21-36.02 (g)(h) and (j). Mr. Heeb seconded. MOTION PASSED 7-0. Page 2 of2 r . CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 12, 2002 6:30 p.m. V A-0209 - Spencer Paddock authorized agent for Lisa Paddock, is requesting a variance from Section 21-71.02 (c) and Section 21-50 Table V-I to allow a side comer setback of 27.8 feet in lieu of the required 40-feet to construct an addition to the existing single family residence located at 300 N. Riverside Drive. Mr. Lear explained how this house is already a non-conforming structure and the owners can continue the encroachment into the setback line if they choose. Mr. Paddock stated they want to add a master bedroom to the house. Chairman V opelak asked if they were eliminating the porch to add the addition. Mr. Paddock said they were. Mr. Masso asked how it would line up with the house to the right. Mr. Paddock stated it would be about IS-feet closer to Riverside Drive, but would not obstruct their view. Mr. Mullen asked if the addition would be mostly on the left side. Mr. Paddock stated it would, and there would be approximately 70-feet to Riverside. Chairman Vopelak closed the public hearing and went through the findings of fact. Mr. Mullen made a motion to approve the request for a variance from the land Development Code, Section 21-71.02 (c) and Section 21-50 Table V-I to allow a side corner setback of 27.8 feet in lieu of the required 40-feet with the condition that the structure shall not be expanded any further into the northern existing encroachment line. MOTION PASSED 7-0 NEW BUSINESS AB-024 - Cindy Lovell, applicant requesting abandonment/vacation of right-of- way being 50-feet wide by approximately 125-feet in length on 23rd Street, west of Silver Palm. Mr. Lear stated this item has been unanimously denied by the Technical Review Committee due to this right-of-way being an active part of the City's stormwater management system and it may be needed in the future. Cindy Lovell, applicant, stated to the Board that she has lived there since 1986 and owns both parcels abutting this right-of-way. She further stated that the ditch in question does not hold water. Mr. Masso asked Ms. Lovell if she had approached the City to purchase the right-of-way. She stated she had and was informed that the procedure was to ask for a vacation/abandonment. Much discussion ensued regarding the surrounding area and water system. Chairman Vopelak closed the public hearing and went over the findings of fact, emphasizing item five (5). Page 3 of3 CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 12,2002 6:30 p.m. Mrs. Zeese made a to motion send a recommendation to deny this request for abandonment/vacation to City Council. Mr. Heeb seconded. MOTION PASSED 7-0. CPA-OllO- City of Edgewater, agent requesting a change in land use from Volusia County Urban Low Intensity to City Public-Semi/Public with Conservation Overlay for 24.20:!: acres located at 600 Roberts Road (Indian River Elementary School). Mr. Lear stated the first two amendments were annexed in the 1980's and staff is now changing the land use. Mr. Vope1ak suggested discussion all land use amendments together. Mr. Mullen asked if the school fell under the City's noise ordinance, as the P.A. system could be heard at the subdivision across the street. Mr. Lear stated it was and he would have Code Enforcement look into this matter. Mr. Heeb asked if anything that the Board has granted has ever caused a Code Enforcement hearing. Mr. Lear stated not to his knowledge. Chairman V opelak closed the public hearing. Mr. Garthwaite made a motion to send a favorable recommendation to City Council to change land use from Volusia County Urban Low Intensity to City Public/Semi-Public with Conservation Overlay for 24.20:1: acres located at 600 Robert Road (Indian River Elementary School). Mr. Mullen seconded. MOTION PASSED 7-0 CPA-Olll - City of Edgewater, agent requesting change in land use from Volusia County Commercial and Urban Low Intensity to City Public/Semi-Public with Conservation Overlay for 15. 52:!: acres located at 3001 S. Ridgewood Avenue (Sea Pines Memorial Gardens). Mr. Masso made a motion to send a favorable recommendation to City Council to change land use from Volusia County Commercial and Urban Low Intensity to City Public/Semi-Public with Conservation Overlay for 15. 52:1: acres located at 3001 S. Ridgewood Avenue (Sea Pines Memorial Gardens). Mr. Mullen seconded. MOTION PASSED 7-0. CPA-0203 - City of Edgewater, requesting change in land use from Volusia County Rural to City Public/Semi-Public with Conservation Overlay for 38:!: acres located west of the FEe Railway and north of the City Water Plant located on S.R. 442 Mr. Garthwaite made a motion to send a favorable recommendation to City Council to change land use from Volusia County Rural to City Public/Semi-Public with Page 4 of 4 CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 12, 2002 6:30 p.m. Conservation Overlay for 38:t acres located west of the FEC Railway and north of the City Water Plant located on S.R. 442. Mr. Heeb seconded. MOTION PASSED 7-0 VA-0210 - Edward S. Haven, owner of Sherm Inc. requesting a variance from Section 21-57.02 (g) and (k) to allow the compact shell drive to be retained on the property located at 202 Mango Tree Drive. Mr. Haven gave a brief summary of his business. He stated that his business is not open to the public and only has UPS or truck deliveries a few times per year. He further stated the he has no problem with paving the parking spaces, only the driveway, that in order to do so would require some trees to be removed. Mr. Garthwaite asked if he would be adding office and storage space. Mr. Haven stated yes. Mr. Vopelak stated he felt that water was a big problem in Florida and all areas are being covered up with concrete. He felt that compact shell was a hard surface. Mr. Lear stated that according to St. Johns, compact shell is a hard surface, but stormwater would still be needed on site. Mr. Mulled asked if this was required do to the increase in the size of the building. Mr. Lear stated it was and that staff has to look to the future. Mr. Garthwaite felt this was an opportunity to upgrade the area. Mr. Haven spoke of how his property absorbs rainwater. Chairman Vopelak asked where the drainage will go. Mr. Lear stated that site plan would also have a stormwater plan. Chairman Vopelak closed the public hearing and went over the findings of fact. Mr. Garthwaite made a motion to deny the variance request from Section 21-57.02 (g) and (k) of the Land Development Code to allow the compact shell drive to be retained on the property. Mr. Mullen seconded. MOTION PASSED 5-2, Mrs. Zeese and Mrs. Pluscec voted no. Chairman Vopelak called a recess at 7:50 p.m. Meeting resumed at 8:00 p.m VA-0211 - Lisa Doucette, owner, requesting a variance from Section 21-50.02 Table V-I to create two (2) 70' x 85' lots in lieu of the required 75' x 115' for property located at 108 Neptune Drive. Mr. Lear stated that Ms. Doucette is requesting to put the lots back to the way they were originally platted, and would be able to build to meet the current setback requirements. Page 5 of5 CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 12, 2002 6:30 p.m. Ms. Doucette stated she recently acquired the property at 108 Neptune Drive and that she would be able to build a 1700 square foot house within the setbacks. Mr. Masso asked if they would only be making two (2) lots and putting the parcel back to how it was. Mr. Garthwaite asked if the lot was under the same ownership how could you split it and create a non-conforming lot. Mr. Lear stated this was the way these lots were platted, they never were lIS-feet. Mr. Garthwaite stated he was concerned about the width. Mr. Lear stated one could get a variance for this. Ms. Elaine Clark, Neptune Drive stated she was told several years ago this lot was not big enough to be built on, and could not split the lot, now they are going to change the code. Mr. Mike Gilbert, Neptune Drive stated that most of the area between U.S. 1 and the river is old. He said they were told you could not subdivide this lot, and it did not make sense to subdivide it now. Mr. Garthwaite stated if the lots were platted prior to 1974 you can build on it, the intent not to create non-conforming lots. Ms. Clark stated she was told by the owner that she was not planning on living there. Chairman Vopelak closed the public hearing and went over the findings of fact. Mr. Mullen made a motion to deny the variance request from Section 21-50.02 Table V-I to create two (2) 70' x 85' lots in lieu of the required 75' x 115' for property located at 108 Neptune Drive, Mr. Garthwaite seconded. MOTION PASSED 6-1, Mr. Masso voted NO. VA-0212 - E. Duane Slate, requesting a variance from Section 21-50.02 Table V-I to allow a rear setback of IS-feet in lieu of the required 20-feet for the purpose of adding a screen room for an existing single family residence located at 2030 Queen Palm Drive. Mr. Lear stated that Mr. Slate wanted to add a screen room on an existing pad, although length would be added. Mr. Slate stated that he was originally told back in March to apply for a variance, and he only trying to do the right thing. He stated he just wants to create a safe environment for his children. Mr. Masso asked if the patio was existing. Mr. Slate stated it was. Mr. Mullen asked if it would extend past the house, Mr. Slate stated it would not. Chairman Vopelak closed the public hearing and went over the findings of fact. Page 6 of6 ~ \ CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 12, 2002 6:30 p.m. Mr. Heeb made a motion to approve the variance request from Section 21-50.02 Table V-I to allow a rear setback of IS-feet in lieu of the required 20-feet for the purpose of adding a screen room for an existing single family residence located at 2030 Queen Palm Drive, Mrs. Zeese seconded. MOTION PASSED 7-0. DISCUSSION ITEMS 1. Planning Director' Report Mr. Lear informed the board of a meeting with the consultant for S.R. 442, they will modify the plan and retum to staff, staff will then provide it to the Board for reVIew. Discussion ensued regarding the proposals and what the Board would like to see happen along S.R. 442 and U.S. 1. 2. Chairman's Report None at this time. 3. Agency Member's Report None at this time. ADJOURNMENT There being no further business to come before the Board, the meeting adjoumed at 8:35 p.m. Minutes respectfully submitted by: Bonnie Wenzel Board Secretary Page 7 of7