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04-12-2017104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, April 12, 2017 1. CALL TO ORDER 2. ROLL CALL Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright and Michael Eichhorn Present 6 - George KennedyExcused1 - Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 - 3. APPROVAL OF MINUTES a.Special Meeting - February 22, 2017 A motion was made by Mr. Wright, second by Mr. Tyree, to approve the minutes of February 22, 2017. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Excused:George Kennedy1 - b.Regular Meeting - March 8, 2017 A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to approve the minutes of March 8, 2017. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - 4. OLD BUSINESS-PUBLIC HEARING 5. NEW BUSINESS - PUBLIC HEARING a.VA-1702 - John & Kimberly Mitchum requesting a variance from Section 21-38.02(d) of the Land Development Code for property located at 3408 Unity Tree Drive. Chairman Card opened the public hearing. Mr. Lear provided background information and staff's recommendation. John Mitchum, 3408 Unity Tree Drive, explained that the elevation drops by two-feet at the rear of Page 1City of Edgewater Printed on 5/4/2017 April 12, 2017Planning and Zoning Board Meeting Minutes the property. He stated from his patio he could look right into the property behind him. Mr. Mitchum then showed the board several pictures of the property. He stated they want to enjoy the same use as other property owners that do not have the same elevation reduction. He stated they would like to have more control over what they see when they are on their patio. Mr. Wright asked if the intent was to keep the top of the fence level all the way around. Mr. Mitchum stated that was correct. He added it would be six-feet at the house and remain level but measured from the ground it would be taller. He stated the neighbors on the sides did not have an issue, however the neighbor directly behind him did have an issue. Mr. Eicchorn stated he had the same issue on his property and understands Mr. Mitchum's situation. Mr. Mitchum stated the neighbors around him did not have an elevation drop, he repeated that the elevation drop is 24-inches. He further stated his belief of when variances should be granted. Bill Alberico, 3407 Tamarind Drive, he spoke against the request. Mr. Eicchorn asked if he could fill the property to make it level. Mr. Lear stated the Code did not allow filling of property to create a barrier that exceeds the height requirements. Mr. Mitchum stated prior to the hurricane it was not an issue as Mr. Albrecho had tall shrubs across the back. Mr. Andrejkovics asked about the elevation. He stated he visited the property and did not see the elevation drop and asked if there was in fact a drop. Mr. Lear stated based on Code Enforcement's site visit there is not an elevation drop. Mr. Andrejkovics reiterated that he also did not notice a drop in elevation. Mr. Tyree asked asked if the proposed material was condusive to the area; that he has not seen others like this. Mr. Lear stated it is currently permitted. Mr. Mitchum stated they chose the corregated metal because wood fencing rots and requires a lot of maintenance. They did a lot of research and felt this would be an improvement. Carol Brinley, 3404 Unity Tree, spoke in favor of the request and the proposed material. Mr. Alberico, stated it would be like standing behind a wall. Mrs. Alberico spoke against the request and added that the metal would reflect a lot of heat. Mr. Andrejokics asked what the precedence was for eight-foot (8') fences in Florida Shores. Mr. Lear stated there were a few throughout the Shores. Mr. Andrejkovics then asked if it was because of the elevation; Mr. Lear reported that was correct. There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to deny the request to allow the eight-foot (8') fence to be located along the rear property line at 3408 Unity Tree Drive. The MOTION was APPROVED by the following vote: Page 2City of Edgewater Printed on 5/4/2017 April 12, 2017Planning and Zoning Board Meeting Minutes Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, and Paul Wright5 - No:Michael Eichhorn1 - Excused:George Kennedy1 - b.VA-1703 - Martin and Pamela Hunt, requesting variances from Section 21-50.02 of the Land Development Code for property located at 1321 S. Riverside Drive. Chairman Card opened the public hearing. Mr.Lear provided background information and staff's recommendation. He stated that this same variance was approved in October 2006, however the variance expired in 2008. He added that adjacent property owners were notified and staff did hear from some with concerns about the request. Martin Hunt, 1321 S. Riverside Drive., owner, explained the house proposed in the first variance was seven (7) bedrooms and 7,400-square feet; they are proposing three-bedrooms and approximately 3,500 square feet under roof. The size of the residence has been considerably reduced. J. Pendergast, 5900 S. Atlantic Avenue, New Smyrna Beach, stated he designed the house for Mr. and Mrs. Hunt and explained how they came to the design and size of the house. He added that the house is single-story and will be well below the height limit. Mr. Andrejkovics asked about the breezway and if it was open. Mr. Pendergast stated it was open, but would have a roof; the garage would be screened and not facing Riverside Drive. Chairman Card asked Mr. Pendergast if he felt this was the highest and best use for the property. Mr. Pendergast stated he did and that they were underdeveloping it compared to the previous request. He felt they were keeping within the spirit of the neighborhood. Chairman Card then asked if there would be a lot fill necessary. Mr. Pendergast stated they will be using a stem-wall; there will be fill where the house will be but the remaining property will not be filled. Mr. Andrejkovics asked about the soil will the structure will be going. Mr. Pendergast stated they are looking at several options to address the soil, fill and foundation. Robert Chew, 208 Virginia Street, spoke in opposition of the request regarding the rear setback. Arthur Litowitz, 1502 S. Riverside Drive, stated he sent an email in opposition of the request, however he has since spoken with the property owners and no longer opposes the request. Mr. Lear stated that per the Land Development Code you cannot have any more run-off after development than is currently existing. He added that comments from the City Engineer were shared with the applicant that will be addressed when they apply for building permits. Mr. Martin stated they have approval from DEP to repair the seawall and fill the boat ramp; which will alleviate some of the retention issues. Page 3City of Edgewater Printed on 5/4/2017 April 12, 2017Planning and Zoning Board Meeting Minutes There being no further discussion Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to approve the variance to allow a 25-foot setback at the closest point from the mean high water line and a 30-foot front setback for property located at 1321 S. Riverside Drive . The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Excused:George Kennedy1 - c.CPA-1704 - The City of Edgewater requesting an amendment to the Future Land Use Map to change .34± acres of property located at 2129 Umbrella Tree Drive from Low Density Residential to Recreation. Chairman Card opened the public hearing. Mr. Lear provided background information and staff's recommendation. Board memebrs thought this was great and they hoped to see more. There being no further discussion Chairman Card closed the public hearing. A motion was made by Wright, second by Eichhorn, to send a favorable recommendation to City Council to amend the Future Land Use Map by changing property located at 2129 Umbrella Tree Drive from Low Density Residential to Recreation. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Excused:George Kennedy1 - d.RZ-1704 - The City of Edgewater, requesting an amendment to the Official Zoning Map to change .34± acres of land located at 2129 Umbrella Tree Drive from R-2 (Single Family Residential) to R (Recreation). Chairman Card opened the public hearing. Mr. Lear provided background information and staff's recommendation. Mr. Andrejkovics asked if it would be a long time before this is developed. Mr. Lear stated there was a two-year deadline to develop the site. There being no further discussion Chairman Card closed the public hearing. A motion was made by Andrejkovics, second by McIntosh, to send a favorable recommendation to City Council to amend the Official Zoning Map by changing property located at 2129 Umbrella Tree Drive from R-2 (Single Family Residential) to R (Recreation). The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Page 4City of Edgewater Printed on 5/4/2017 April 12, 2017Planning and Zoning Board Meeting Minutes Excused:George Kennedy1 - e.TA-1701 - Amending the Land Development Code; Articles II, III, V and VI Chairman Card opened the public hearing. Mr. Lear discussed the various proposed changes and stated staff's recommendation. He stated that one new condition was added into Article V under driveways that all carports and garages are required to have driveway access to the enclosed area. Mr. Andrejkovics asked about the permitted fence material. Mr. Lear stated that would be looked into further and will likely come before the Board at a later date. There being no further discussion Chairman Card closed the public hearing. A motion was made by Wright, second by McIntosh, to send a favorable recommendation to City Council for the amdments to Articles II, III, V and VI of the Land Development Code, inlcuding the last minute updates regarding driveways. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Excused:George Kennedy1 - 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director’s Report None at this time. b. Chairman's Report Chairman Card advised the Board the time has come for him to resign his position on the Board effective April 13, 2017. He thanked Staff and Board Members for all of their effort and work over the years. Board members thanked Chairman Card for his service. c. Agency Members’ Report Chairman Card noted that Mr. Andrejkovics would now be the liason to the Economic Development Board. 8. ADJOURN There being no further business to discuss the meeting ajourned at 7:23 p.m. Minutes respectfully submitted by: Bonnie Brown Senior Planner Page 5City of Edgewater Printed on 5/4/2017 April 12, 2017Planning and Zoning Board Meeting Minutes Page 6City of Edgewater Printed on 5/4/2017