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78-R-21RESOLUTION NO. 7E- R-,? 1 A RESOLUTION APPROVING THE GRANT OF A SPECIAL EXCEPTION TO WILLIAM RICKELMAN, SR., AS LESSEE, FOR THE PURPOSE OF OPERATING A USED CAR BUSINESS ON CERTAIN DESCRIBED PROPERTY, IMPOSING ADDITIONAL REQUIREMENTS FOR CONDUCTING SAID BUSINESS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, William Rickelman, Sr. has previously applied for the grant of a special exception to the Edgewater Board of Adjustments to con- duct a used car sales business on certain real property owned by Dr. D. E. Wallar and leased by William Rickelman, Sr., and WHEREAS, The Edgewater Board of Adjustments has approved the granting of the special exception with additional conditions imposed as set forth in their letter dated November 27, 1978 to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1: That William Rickelman, Sr, is hereby granted a special exception to conduct a used car sales business on the following described property located in the City of Edgewater, Florida: Lot 5 except the Northerly 20 feet and Lot 6 except that part of U. S. Highway 01, Block F, HIGHLAND SHORES, Volusia County, Florida. SECTION 2: That the said William Rickelman, Sr. shall comply with all Ordinances and State Laws in the conduct of said business and all conditions as set forth in the letter from the Chairman of the Edgewater Board of Adjustments to the Mayor and City Council dated November 27, 1978, a copy of which is attached to and made a part of this Resolution. SECTION 3: That the granting of this special exception shall be for the sole and exclusive use of William Rickelman, Sr. and shall not be con- strued to be in any way transferable to any other person, firm, or corporation. SECTION 4: That all Resolutions or parts of Resolutions in con- flict herewith be and the same are hereby rescinded. P- /-.)- 1 SECTION 5: That this Resolution shall take effect immmediately upon its adoption by the City Council and approval as provided by law. The first reading of the Resolution was read in full and passed by a vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on the -�— day of December, 1978, and approved as provided by councilman ' % CHTMeric Approved this tl day of A.D., 1978 Mayor This Resolution was Prepared by: JUDSON I. WOODS, JR. City Attorney ctitp of 0gemater Volusia County, Florida 32032 Post Office Box 100 November 27, 1978 TO: Mayor and City Council FROM: Board of Adjustments RE: Special Exception for William Rickelman Used Car Lot on U.S. 1 between Riverview and Rio Vista (East side) In an -extensive hearing, the following was determined by the Board of Adjustments: 1. Width of lot is 92'6". The depth, contrary to the original application is only 105', not the 125' mentioned. 2. The property is owned by Dr. Wallar, but will be leased by the applicant. 3. No part of Lots 10 and 11 will be used, they are zoned residential 4. The Zoning Board has determined that this Special Exception will conform with all zoning requirements. In addition to the above points, the Board of Adjustments, attaches the following requirements to its approval of this Special Exception. These requirements were agreed to by the applicant. The Board points out that its approval is contingent on full compliance with these conditions and urges the Enforcement Official, as determined by the Council, to follow up. a. There will be a buffer along the back line, as detailed on page 5 of Ord. 880. This will screen the B-3 area from the residential zone. b. There will be adequate off-street parking provided as called for in the Ordinance. c. No major repairs will be performed on this property. Minor work is permitted, with minor being defined as tire changes, small tune-ups, touch-up of nicks and scratches, etc. d. No junk cars, old parts, etc. will be on premises. All vehicles will be operative. e. Hours will not exceed 8 am to 6 pm. Signs and lighting to conform to existing regulations, i The Board advised the applicant that any additions to or remodeling of the non-conformino existing structure on this pronerty would be a violation of Ord. 880 and terminate this Special Exception. The vote of the Board of Adjustments for approving the above was 5-0. K¢n Mill rd ' BOARD OF ADJUSTMENTS CHAIRMAN