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01-11-2017Ci 1), of -E,D GE WATER Wednesday, January 11, 2017 1. CALL TO ORDER City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Chairman Card called the meeting to order at 6: 00 p.m. 2. ROLL CALL 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers Present 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright and Michael Eichhorn Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 3. APPROVAL OF MINUTES a. Regular Meeting - December 14, 2017 A motion was made by Mr. McIntosh, second by Mr. Wirght to approve the minutes of December 14, 2016. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 4. OLD BUSINESS -PUBLIC HEARING - None at this time 5. NEW BUSINESS - PUBLIC HEARING a. VA -1620 - Frank Yavorski, owner, requesting a variance from the Land Development Code for property located at 1815 Kumquat Drive. Mr. Lear provided background information. Mr. Lear stated a permit was issued on November 14, 2016 and the variance was applied for on November 16, however the fence has been constructed. The Technical Review Committee reviewed the request and has recommended denial based it not being aesthically pleasing; does not match the neighborhood and is not consistent with the other fences in the area. Frank Yavorski, owner, stated the only real usable side yard is the south side. He stated he was originally advised by someone in the water department that because of the hurricane there were no building permits required for 60 -days. He added that he built the fence how he did so an RV could be put behind the fence. He stated he made sure there was still a clear line of sight to back out of the drive. He stated that when he originally measured it, he thought his property line was at the road and he was asking for a foot and one half variance, however, the City advised him where the property line was. He stated the house to the north has not been occupied in over four (4) years and is in disrepair. He added that the design was to make it stronger. Mr. Yavorski provided additonal pictures to the Board (attached). City of Edgewater Page 1 Printed on 21112017 Planning and Zoning Board Meeting Minutes January 11, 2017 Wolfe Unger, 1820 Kumquat Drive, spoke in favor of the request. Mr. Kennedy stated looking at the permit dated November 14, 2016 it clearly states no solid six-foot (6) fence in the 30 foot of the front yard. He stated they obviously received the permit to put up the fence. Mr. Yavorski stated he had started the fence before he received the permit. Mr. Lear clarified that there were no charges for permits after the hurricane, but still had to have a permit. Mr. Yavorski stated that was not how it was told to him. He stated after he started a neighbor who works for Code Enforcement told him he needed a permit and that the height was not normal for this neighborhood. He then asked if there was an option for a variance. He stated he was not trying to buck the system, he did not have enough information and once he applied for the variance he thought he could continue to install the fence. Mr. Kennedy asked how far into the setback was the fence. Mr. Lear stated 12 feet. Mr. Kennedy stated the fence would have to be moved 12 feet and asked the property owner if that was an option. Mr. Yavorski stated he didn't have 12 feet to put it back with the gate to be able to bring in an RV or boat. Mr. Unger stated when the City put in the swales they did not put an egress on that side to go in there. As it is they can use the existing driveway. Mr. McIntosh stated he could put in his own egress. Mr. Lear stated there could be a gate in the front. Chairman Card asked if this was the good side facing out. Mr. Lear stated it would be considered the good side. Mr. McIntosh stated the two issues were it was not four foot (4) and not 50% opaque. Mr. Yavorksi asked if the reason for that was to not block the vision of people driving by. Mr. Mcltosh stated it was for aesthetic value and the property line is for the police to be able to see what is going on and they can't see through the fence. He stated it was also a safety reason, to not have the front totally blocked off. Mr. Yavorksi did understand how moving it back 12 feet would make it safer. Mr McIntosh stated if the police were called they could not see behind the fence. Mr. Yavorksi still did not understand how moving it would allow someone to see. Mr. Wright stated that Mr. Yavorski did not see a difference between the six-foot (6) solid fence being there or 12 feet back as far as being able to see into the yard. Mr. Yavorski stated he was trying to keep his yard neat and felt the fence was more attractive than seeing a boat. Chairman Card stated in his memory they never allowed an exception to allowing a six-foot (6) opaque fence in the front yard. Mr. Lear stated only when there was damage due to a hurricane. Chairman Card then spoke about a previous committee he was on that wrote the code regarding RV's, boats and trailers. Mr. Yavorski asked if it would be feasible if he removed every other board. Chairman Card stated City of Edgewater Page 2 Printed on 21112017 Planning and Zoning Board Meeting Minutes January 11, 2017 that would bring it to 50% and solve one of the problems. Mr. Lear stated there was still the height issue. Mr. Andrejkovics stated when he visited the site he was surprised by how far out is was. Mr. Wright asked if there was room next to the tree to get the boat or RV in the back if the fence was moved back. Mr. Yavorski stated the problem would be the two (2) trees to the south. Mr. McIntosh asked what the distance was between the two (2) trees. Mr.Kennedy asked how big the boat was. Mr. Yavorski stated 23 feet. Mr. Kennedy stated based on the pictures the distance was about 23 feet. Mr. McIntosh stated with 23 feet an RV could be pulled in straight back. There being no further discussion, Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to deny the request to allow a six-foot (6') opaque fence to be located 18 -feet from the property line at 1815 Kumquat Drive. The MOTION was APPROVED by the following vote: Yes: 5 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, and David Tyree No: 2 - Paul Wright, and Michael Eichhorn b. VA -1621 - Jeffrey Eisenbarth, owner, requesting a variance from Section 21-50.02 of the Land Development Code for property located at 1523 S. Riverside Drive. Mr. Lear provided background information, stating that the shape of the lot is constraining and the reason the applicant is requesting the variance. Chairman Card opened the public hearing. Jeffrey Eisenbarth, owner, stated he had nothing to add but would answer any questions. There being no questions or comments from the public or the Board, Chairman Card closed the public hearing. A motion was made by Mr. Wright, second by Mr. Tyree, to approve the variance to allow a swimming pool to be constructed five -feet (5') from the rear property line at 1523 S. Riverside Drive. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn C. VA -1622 - David and Amy Kellogg, owners, requesting a variance from Section 21-50.02 of the Land Development Code for property located at 2914 Silver Palm Drive. Mr. Lear provided background information and recommendation. Chairman Card opened the public hearing. City of Edgewater Page 3 Printed on 21112017 Planning and Zoning Board Meeting Minutes January 11, 2017 Mr. Eicchorn asked what was meant by portable. David Kellogg, owner, stated the shed would be brought in on a trailer, it is tied down with hurricane ties, and can be moved. Chairman Card asked if the requirement from the property line was the result of needing to get equipment back there to clean the drainage ditch. Mr. Lear stated it was because the shed was over 120 -square feet and is required to meet the regular setbacks. Mr. Lear added that staff has discussed changing the Code to be consistent with accessory structure requirements and possibly allowing sheds up to 350 -square feet to be located five feet (5) from the property line. There being no further discussion, Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Wright, to approve the variance to allow the shed to be located 10 -feet from the rear property line on property located at 2914 Silver Palm Drive. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear advised the Board that Jiffy Lube received their C.O. and Florida Roadhouse is in their final inspection phase. b. Chairman's Report None at this time. c. Agency Members' Report Mr. Wright stated Samantha Bishop would like to provide the Board with an Economic Development update at the next meeting. 8. 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