03-24-1986 - Special/Workshop
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING AND WORKSHOP
MARCH 24, 1986
MINUTES
Mayor Baugh called the meeting to order at 3:02 P.M. in the Community
Center. He stated the purpose for the meeting was for a review of the
Planning and Zoning Board recommendations and actions taken at their
March 20, 1986 meeting.
ROLL CALL
Mayor Earl Baugh
Councilman Louis Rotundo
Councilman Russell Prater
Councilman Neil Asting
Present
Present
Present
Present
Councilman James Inman
City Attorney Jose'Alvarez
City Clerk Connie Martinez
Chief Lawrence Schumaker
Present
Present
Present
Present
Mayor Baugh stated that he'd received a letter from Attorney Woods regarding
the Planning and Zoning actions taken regarding Pelican Cove West. City
Clerk Martinez read the March 20th letter from Attorney Woods in which he
requested a special meeting as soon as possible. Mayor Baugh said he feels
this is important and they should discuss it and get it worked out. He
asked Dennis Fischer to show Council what he could to clear it up.
Dennis Fischer, Building Official, pointed out that City Attorney Alvarez
had listed a chronological order of events at the last Planning Board meeting.
He displayed a pictorial of lot sizes and guidelines as to requirements. He
pointed out that in 1982 when it was accepted there was a variance for the lot
sizes and in R-4 they called for 75 by 115 lots and a variance was given on
80% of the lots that did not have the 115 foot depth. He said most are 100 to
105 foot depth. He said they were broken down to 50 foot lots with duplexes
on 100 by 105 foot lots. He noted that it comes to 4.93 dwelling units per
acre which is below the 5 per acre requirements at that time. He said the
variance was for the change from 75 by 115 to 50 by 105 foot lots. He stated
that R-4 setbacks have changed since 1982 as prior setbacks were 25 feet with
20 feet in the rear and 10 feet on each side. He said the side setbacks have
not changed but the front and rear did. He said since the variance was given
the setback requirements changed from 25 to 40 feet for R-4 and rear from
20 to 25 foot. He asked if they have to conform to existing setbacks or the
existing R-4 setbacks when the variance was given. City Attorney Alvarez
said they'd go with the initial as they can't change rules during the game.
Mr. Fischer stated it would be 25 foot front setback and 20 foot rear and
10 foot sides.
Mr. Fischer then questioned the 9 permits pending for single family homes.
He said the applications for single family are on 50 foot lots and some
larger with part of the next lot. He stated this will decrease the number
of units per acre and will not violate the cap of 5 per acre. He added that
the way it's set up with duplexes, it will be 5 per acre.
Councilman Asting said they have to honor the Council actions in 1982.
Mayor Baugh noted that was the recommendation of Planning and Zoning and
the Council in 1982. City Attorney Alvarez agreed and asked if Council
had any questions for him.
Councilman Rotundo asked if Mr. Carder is planning to build all single family
homes on this parcel. Mr. Carder stated that when they originally applied
to Planning and Zoning for Pelican Cove West he'd requested that they wanted
to do it the way they did in their first venture of zero lot lines in Pelican
Cove. He said they built 4 units on 2 lots which were 55 by 90 and single
family 50 by 100 and duplexes on 50 by 80 foot. He said in Pelican Cove West
on about 95 homes they put single family on 75 foot lots and on 100 foot lots
and duplexes on 50 by 100 and single family that went through Planning Board
on 50 by 110 foot lots. He noted that all met the 1200 foot minimum require-
ment on floor area, and they'd like to continue to do this in the balance of
the subdivision. He said that from a sellable standpoint they have about 14
patio homes available for sale and single family homes, with the exception of
1, have been sold. He reviewed the price ranges for the various size homes,
and the different sized lots for those who wanted less yard to maintain.
He added that they want to put 8 models in the subdivision for people to
choose from, and they could have 1, l~, or 2 lots, whatever they want. He
said they want to do this in developing the second part of this subdivision.
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Review of Planning and Zoning Board recommendations and actions taken at
their March 20, 1986 meeting (Continued)-
Councilman Asting asked if Phase II will be mostly single family homes and
Mr. Carder replied there would be about 25 to 30 single family homes out
of approximately 95 houses.
Councilman Rotundo asked City Attorney Alvarez if it would be fair and
feasible if they would go to single family from duplexes if they meet
the building code requirements. City Attorney Alvarez stated that the R-4
zoning district in the Code allows as a principle use single families or
duplex patio homes and either can be built. He added that the question is
when the project was approved in 1982 there was a set of plans that indicate
a series of patio homes or duplexes, and when they came in for building permits
for single family homes, administration was concerned because it was different
from what's shown. He said to prevent any misunderstanding as to Mr. Fischer's
approving or not approving was why this meeting was called, and to eliminate
misconceptions, rumors, and substitutions. He again stated that single family
or duplexes are allowed in R-4, and the setbacks and side yards have to be
the ones existing when it was approved, as they can't be changed now that the
streets are built. He noted that single family instead of duplexes is the
advantage with density and demand for services. He said as long as the
buildings stay within the setbacks in existence when the project was approved
and that Dennis Fischer is comfortable with those dimensions and they're in
the permitted uses, and density doesn't go beyond what was allowed in 1982,
then they're building according to Council's intentions. He added that from
a legal point of view, the drawings are approved and he has a right to build
according to that.
Councilman Asting moved that J. C. Carder be permitted to continue development
of Pelican Cove West in accordance with the actions of the 1982 Council.
Mayor Baugh noted that will allow both single and duplex and Councilman
Asting agreed. Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
Mayor Baugh advised Mr. Carder that he can start building.
Mayor Baugh called a 5-minute recess at 3:22 P.M. as members of the audience
were leaving. Mayor Baugh called the meeting back in session at 3:24 P.M.
Councilman Asting stated that when he was at the meeting on Thursday there
was a discussion about the upholstery business in B-3 zoning and there's
nothing in the Code that had a provision for an upholstery shop which was
compatible with that zoning. He made a motion that upholstery shops be
included in the B-3 zoning as a permitted use and it's not there now.
Councilman Inman seconded the motion. City Clerk Martinez noted that the
upholstery shop was in the permitted uses of B-3 and when they revised the
list, it was erroneously eliminated. Motion CARRIED 5-0.
Mayor Baugh stated they have an upcoming suit on the Montesano case and he'd
like the Attorney to contact the insurance atttorney to continue at the
same rate he was charging at the time. He added that he knows the case and
they need Council authorization to have them continue with the case.
Councilman Asting so moved. Councilman Prater seconded the motion. City
Attorney Alvarez stated for the record that the name is David Walsh. Motion
CARRIED 5-0.
Councilman Rotundo asked if they can appoint a member to the Board now and
City Attorney Alvarez replied he didn't think so. Mayor Baugh noted it wasn't
on the agenda.
Councilman Inman moved to adjourn. Councilman Asting seconded the motion.
Meeting was adjourned at 3:28 P.M.
Minutes submitted by:
Lura Sue Koser
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ATTEST:
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CITY CLERK
Approved this 7th day 0
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-2- Council Special Meeting & Workshop Minutes
March 24, 1986