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06-12-2019Cily of EDGE 195, ER Wednesday, June 12, 2019 City of Edgewater Meeting Minutes Planning and Zoning Board 1. CALL TO ORDER, ROLL CALL 6:30 PM 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers Chairman Kennedy called the meeting to order at 6: 00 p.m. Present 7 - George Kennedy, Robert Andrejkovics, Michael Eichhom, Chris Hatcher, Paul Wright, Thomas Duane and Burton Maroney Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 2. APPROVAL OF MINUTES None at this time. 3. OLD BUSINESS -PUBLIC HEARING None at this time. 4. NEW BUSINESS - PUBLIC HEARING Chairman Kennedy stated for the record that New Business Items AN-1903, CPA-1905, and RZ-1905 were withdrawn by the applicant. a. AN-1903 - Robert Wamser requesting annexation of .36f acres of land located at 128 North Cory Drive. This Planning Item was withdrawn. b. CPA-1905 - Robert Wamser requesting an amendment to the Future Land Use Map to include .36f acres of land located at 128 North Cory Drive. This Planning Item was withdrawn. C. RZ-1905 - Robert Wamser requesting an amendment to the Official Zoning Map to include .36f acres of land located at 128 North Cory Drive. This Planning Item was withdrawn. d. VA-1910 - Art Hull, requesting a variance from the Land Development Code for property located at 2617 Victory Palm Drive. Mr. Lear provided a Staff Report and recommendation for the request. Chairman Kennedy opened the public hearing. City of Edgewater Page I Printed on 71312019 Planning and Zoning Board Meeting Minutes June 12, 2019 Art Hull, applicant, stated he has several show cars and needs more room to store them on his property. He added that his property is clean and neat and will remain as such. Chairman Kennedy confirmed that Mr. Hull owns five (5) lots. Mr. Hull confirmed that was correct. He added that he has waited to do the addition to find a contractor that would connect the structures, rather than have two (2) separate garages. He then reiterated that upon completion the garage and house will be consistent in color. Roselyn Trice, 2625 Victory Palm Drive, spoke in opposition of the request and provided pictures of the property. Ellen Torre, 2913 Needle Palm Drive, spoke in opposition of the request on behalf of her sister who is an adjacent property owner. Jeff Yerxa, 2620 Victory Palm Drive, spoke in support of the request. Mr. Andrejkovics spoke in regard to the appearance of the property and asked Mr. Hull if he was running a business from the property. Mr. Hull stated he was not and he was unaware of what vehicles where in the pictures shared by Mrs. Trice. The Board provided Mr. Hull an opportunity to review the pictures and he confirmed that those were in fact his personal vehicles. Mr. Andrejkovics stated he respected what Mr. Hull was doing but voiced concerns regarding the size of the structure looking commercial in nature. Mr. Eichhorn stated he did not have an issue with the request based on the appearance of the subject property. Mr. Hull stated the addition would be an additional 20 feet to the south and would be 13f feet from the property line. Mr. Andrejkovics asked Mr. Lear if restoring personal vehicles was permitted in a residential area. Mr. Lear stated he would have to verify with the Fire Chief. Mr. Eichhorn added that based on the tent shown in the photos it appears that Mr. Hull is taking all appropriate precautions. Mr. Andrejkovics asked if the tent was vented, which Mr. Hull affirmed. Mr. Andrejkovics then asked f there were any other structures of this size in Florida Shores. Mr. Lear and several Board members stated there were many. Mr. Hatcher suggested making the structure appear less like a warehouse and more like the primary structure to keep the continuity. Mr. Hull stated his plan from the start was to paint the garage the same as the residence and would do whatever the Board would like regarding the aesthetics of the structure. Mr. Andrejkovics asked for plantings or some other feature to create a more aesthetically pleasing appearance. Mr. Andrejkovics then asked about the driveway to the addition. Mr. Hull stated the existing driveway will be extended to the addition allowing him to drive cars into the garage without going on the grass. He added that he is willing to do whatever they want, he would add landscaping in front City of Edgewater Page 2 Printed on 71312019 Planning and Zoning Board Meeting Minutes June 12, 2019 of the structure. Mr. Maroney asked if Mr. Hull has spoken with his neighbors regarding the tools and noise from his hobby. Mr. Hull stated he is always open to talk to his neighbors and that he works in the garage typically from 8: 30 to 3: 30-4: 00. He added that in 20 years he has never had any neighbors come to him with complaints about the noise from the tools. Mr. Andrejkovics thanked Mr. Hull for his willingness to work with them regarding the appearance of the structure. Jason Geary, 1411 Royal Palm Drive, spoke in support of the request. There being no further discussion, Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Eichhorn, to approve VA-1910. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney e. VA-1911 - Brett Jones requesting a variance for property located at 106 South Park Place Mr. Lear provided a Staff Report and recommendation for the request. He spoke about a previous variance approved by the Board that included a reduction in the side setbacks, the current proposal exceeds the side setbacks but increases the encroachment into the rear setback. Chairman Kennedy opened the public hearing. Mr. Andrejkovics asked for clarification of the location and size of proposed garage included in the addition. Mr. Lear illustrated the location of the proposed garage on the plans provided by the applicant. Mickey Mansfield, 2220 Hibiscus Drive, applicant stated the garage has been reduced in size since the previous variance request and that the indication of a two (2) car garage may have been left over from that request. There was further discussion cocerning the size and location of the garage. Mr. Andrejkovics then spoke about the pictures of the existing residence provided in the packet and PowerPoint presentation. Mr. Wright asked for confirmation that the garage would be attached, which Mr. Lear provided. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Eichhorn, to approve VA-1911. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney City of Edgewater Page 3 Printed on 71312019 Planning and Zoning Board Meeting Minutes June 12, 2019 f. VA-1912 - Joseph Foresta requesting a variance for property located at 520 South Riverside Drive. Mr. Lear provided a Staff Report and recommendation for the request. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Hatcher, second by Mr. Eichhorn, to approve VA-1912. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhom, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney g. VA-1913 - Joseph Foresta requesting a variance for property located at 510 South Riverside Drive. Mr. Lear provided a Staff Report and recommendation for the request. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to approve VA-1913. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney h. VA-1914 - Brian Lee requesting a variance for property located at 120 Hamilton Road Mr. Lear provided a Staff Report and recommendation for the request. Mr. Lear also clarified the boundaries of the existing and new structure on the plan. Chairman Kennedy opened the public hearing. Kim Rockburn, 4691 Bayfield Harbor Lane, asked for the lot size which Mr. Lear provided. She then asked what the square footage of the adjacent homes was which staff could not confirm. Mr. Andrejkovics asked what the overall height of the RV garage was, Mr. Lear stated it could not be more than 26 feet. Mr. Andrejkovics then asked if the RV garage would be located where the existing carport was, which Mr. Lear confirmed. Mr. Andrejkovics then asked how the proposed residence could be constructed on the existing footprint; the Board further discussed the existing footprint and proposed structure. Ms. Brown stated that the square footage indicated for the existing structure does not include the carport as it is not enclosed. Brian Lee, 210 North Riverside Drive, property owner stated the square footage indicated for the proposed residence included open porches. Mr. Andrejkovics asked if there would be living space City of Edgewater Page 4 Printed on 71312019 Planning and Zoning Board Meeting Minutes June 12, 2019 above the garage, Mr. Lee stated there would not be. Mr. Hatcher asked if the RV would be able to clear the power lines in front of the residence. Mr. Lee stated the power lines have been replaced and are at a height that will not pose an issue. Mr. Andrejkovics asked if they were removing all of the walls, Mr. Lee stated they were but were going to try to utilize some of the slab. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Maroney, to approve VA-1914. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Chris Hatcher, Paul Wright, Thomas Duane, and Burton Maroney i. VA-1915 - Todd Dippel requesting a variance from the Land Development Code for property located at 1603 Queen Palm Drive Mr. Lear provided a Staff Report and recommendation for the request. Chairman Kennedy opened the public hearing. Todd Dippel, 14011 th Avenue, Osteen, applicant asked if they could amend the request to be closer than eight feet (89 to the property line; Chairman Kennedy stated the request would have to be resubmitted. Mr. Dippel stated the proposed location of the fence is also to avoid some oak trees in the rear yard. Mr. Wright asked if the fence would also be installed along the rear of the propery; Mr. Dippel stated that was correct. Mr. Wright then asked how close to the rear property line would the fence be. Mr. Dippel stated it would run along the property line. Mr. Lear indicated on the plans where the fence would be and stated the fence would meet all other requirements. Mr. Andrejkovics asked how far the fence would be on the north side; Mr. Lear illustrated the location on the plan. Harold Kelleher, 1603 Queen Palm Drive, added that locating the fence at the 10 foot setback would not provide room to walk around his boat that is stored on a slab in the side yard. Mr. Andrejkovics asked for clarification of the 10 foot requirement. Mr. Lear stated fences are required to be 10 feet from the property line on a side -corner, a fence can be located on the proprty line There being no further to discuss, Chairman Kennedy closed the public hearing. A motion was made by Mr. Duane, second by Mr. Hatcher, to approve VA-1915. The City of Edgewater Page 5 Printed on 71312019 Planning and Zoning Board Meeting Minutes June 12, 2019 MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Michael Eichhorn, Chris Hatcher, Paul Wright, Thomas Duane, Burton Maroney, and Robert Andrejkovics 5. DISCUSSION ITEMS a. Development Services Director's Report None at this time. b. Agency Member's Report None at this time. 6. ADJOURN There being no further business to discuss the meeting adjournd at 7:18 p.m. Minutes Respectfully Submitted By: Bonnie Brown Senior Planner City of Edgewater Page 6 Printed on 71312019 My name is Roslyn Trice. I am Mr. Hull's neighbor on the south side of his home at 2625 Victory Palm. I am here today to ask that the variance to enlarge his garage be denied. When Mr. Hull first approached me saying he wanted to build a detached garage between our two houses, I did not have an issue. I told him as long as he wasn't going to run a business out of it, there would be no objection from me. I was unaware how large the garage was going to be. It is currently large enough to house 3 to 4 cars. Since being built, there have been several vehicles dropped off at Mr. Hull's property. I then heard the air compressor running more and more. The noise from this compressor gets to be annoying since it runs 5 to 6 days a week all day long. Cars will sit on his property missing body panels or the entire vehicle will sit with primer on it like it was prepped for painting. I had another neighbor inform me that Mr. Hull is indeed painting vehicle parts, whole vehicles and even boats on his property. I was also told he charges $2000.00 per car. There was one day I went to retrieve my mail from the mailbox. I smelled an acid -like substance in the air and started choking. Unable to catch my breath I ran back to the house. It took me 10 minutes before I stopped coughing and could breath normally again. It was immediately after that incident that a blow up large tent -like structure was placed in front of the detached garage. Since then I have witness Mr. Hull painting vehicles on a regular basis. There is always a chemical smell in the air. I was able to take 2 pictures: one of the vehicles lined up in his driveway, one of the tent -like structure added in the driveway. I purchased the lot my home was built on because Florida Shores is a lovely tree filled area. It was quiet and friendly with a small town atmosphere. At no point was I aware that a business could be run next door. Especially a paint shop that could impact our environment in a hazardous way. I have had 2 dogs contract bone cancer at a young age since this garage was built. They both died prematurely from the cancer. Now I am left wondering if the cancer was caused by them breathing in the chemicals being used next door. I have contacted and filed a formal complaint with the EPA in hopes that an investigation would be done. Please do not grant the variance Mr. Hull has requested. Allowing the structure to be increased will only increase the impact his business has on our environment and our health. 6/11/2019 20x10x8Ft Inflatable Giant Car Workstation Spray Paint Tent Paint Booth Custom - Walmart.com olm Search Q • Features: • 1) light, easy to carry, comfortable to use • 2) reusable and easy to clean • 3) convenient and strong vent design is easy to inflate and vent • 4) the product can save a lot of space after air folding • USES: • 1. 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