05/08/1986
o
e
,.
I~G,
DEVELOPMENT CODE ADJUSTMENT BOARD
May 8, 1986
Members present:
Miohael R. Dallmann, Chairman
Mary Lou Dobbs, Vioe Chairman
Alex Plisko
Otto P. Gans
Kemper Merriam
Also pr'esent:
Tom Chaplinsky, Building Offioial
John Riohter, Planning Offioial
M.A. Galbraith Jr., City Attorney
Susan Stephenson, Deputy City Clerk
The meeting was oalled to ordf.r by the Chairman at 2:00 p.m. in
the Commission Meeting Room in City Hall. He outlined the prooedures
and advised that anyone adversely affeoted by any deoision of the
Development Code Adjustment Board may appeal the deoision to an Appeal
Hearing Offioer within two (2) weeks. He noted that Florida law
requires any applioant appealing a deoision of this Board to have
a verbatim reoord of the prooeedings to support the appeal.
ID order to pronde ooat1nu1tJ, the 1.... v1ll be llatecl in
~ ordeI" al"'~ DOt aeoesaarUJ dlaouased in that order.
ITEM '1 - Warren MoNeely for a varianoe of 2 ft to permit
an 8 ft high fenoe behind struotural setbaok from street
ROW, at 1~52 Fredrioa Ave, Brookhill Unit 1, Blk B, Lot
2, zoned Rs-8 (single family residential).
.The Building Offioial stated the fenoe is already in plaoe.
Jean Kwall, attorney representing the applioant, stated Hr.
MoNeely oalled tor an inspeotion of the fenoe and was red-tagged at
that time due to the exoessive height. The property slopes whioh
oreates a hardship. The. applioant felt he needed the extra height
. to aftord himself the privaoy offered by this type of fenoe.
.Two letters. of support and two letters of objeotion were
submitted f~r the reoord.
"',1
/30
e
Based upon the information furnished by the applioant, the striot
applioation ot the Development Code would result 1n' an unneoessary
hardship upon the applioant sinoe this is a minimum varianoe to
overoome a physioal oondition, not oaused by the applioant, that
oreates a hardship and does not violate the spirit and intent of
Seotion 131.012 of the Code, Mr. Gans moved to INDt the varianoe
as requested subjeot to the oondition that a building permit be
obtained within 6 months of this date. The motion was duly seoonded
and upon the vote being taken, Mrs. Dobbs and Messrs. Pliska and Gans
voted "Aye;" Messrs. Merriam and Dallmann voted "Nay." Motion
oarried. Request sraated.
ITEM '6 - John Taylor III (Fusoo) for varianoes 1) of 1
ohangeable message sign to allow 2 suoh signs and 2) of
64 sq ft to permit total ohangeable message signage of 256
sq ft, at 1200 S Missouri Ave, Seo 15-29-15, M&B 34.01,
zoned CC (oommeroial oenter).
The Planning Offioial stated the request is for two varianoes
to allow a speoial purpose sign to indioate ooming theater attraotione
at the movie theater loaated at the Sunshine Mall. Permits have
already been granted for a 91 sq ft business identifioation sign and
a 116 sq ft speoial purpose ohangeable message sign to indioate the
movies ourrently being shown. The Code allows a 192 sq ft ohangeable
message sign and, therefore, the varianoe should only be for 49 sq
tt and not 64 sq ft.
8)
Miohael Johnson, representing the applioant. stated two of the
signs have already been granted permits through another sign oompany.
His sign is for the 2 ft 6 inoh by 3 ft 5 inoh posters Showing ooming
attraotions. It will be inset in the wall of the building 3 ft above
grade and the overall size will be 4 ft 4 inoh by 15 ft to display
5 posters. The mall traffio has deoreased in the time the theater
has been olosed. He only needs a 49 sq ft varianoe rather than the
64 sq ft as advertised.
A representative from the engineering firm involved with the
oonstruotion of the theater spoke in support.
Based upon the information turnished by the applioant. the striot
applioation at the Development Code would result in an unneoes:nry
hardship upon the applioant sinoe this is a minimum varianoe to
overaome a oondition unique to this property and business, advertising
ooming attraotions 1s an integral part of the movie industry,
oonditions were not oaused by the applioant. it is not detrimental
or injurious to other property owners or adverse to the general publio
weltare, an~ does not materially violate the spirit and intent ot
.Seotion 131.012 or the Code, Mrs. Dobbs moved to &NIlt a varianae
.. ot 49 sq rt subjeot to the aondition that the ooming attraotions sign
, . be reoessed into the taoe ot the building as desoribed at the hearing
~1~;/i\{~;\,~~8Ubjo.t to tbo oonditlo. tbat a 81gn permit b. obtained within
\tt:/ajjJ. ',' I' ".' ". . <., .' .. 5. 5/8/86
~~\~'=-.~"r::;~~};~~~.....!~t'.: ,:'.,., ':., " ' .' ;,
:a'.~t~"".~"'~;'I".'1."'..!..: ",' ,'." .." .
r... J- r.....~,.( Y..- ..:, l ~.\" ,. ~ '
!l,~",,~ti"t~~h' .1.", ,{., '. ,. '" , "'. ,
.' .' ., .,.. i~':~1\~~i.ti~;~f,~tk;*tiji,~i'}3':D;:' };;~'~,.;:'}.:.i'. :,'~ .. :. >:,. . '. .'. . .... ....
~ i<~~~~~~~~:1l~:;~\1~~~;,f~;;:~~~tl;~~~~~ll'~:;)~.o"~:~. ,iit ~,\'~,. .~.~I,J, ./p- :./t.I.1~;,/'~ll.~;: 'i '.:' :-: :' <"l:' '~-I ~ ~; :\~\) i~/: l.,
... , . . l' ,l. ., p ". J,' '~.. .I. ~ ~ '., ,..- . . ' . ,r,' ..
.,'