11/12/1981
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Gerald Yegge stated he had no prior knowledge the property was
not governed by CO setbaoks. The term "offioe" was that used by the
arohiteot; however, the building will be used mainly for storage as
his apartmenta are rented furnished or unfurnished as required. The
applicant stated he would have made provis10n for storage facilities
and a oommunity room in the initial construotion had he foreseen the
need at that time.
No one spoke in opposition.
Having held a duly oonstituted public hearing and sinoe, based on
the material submitted by the applioant, there are not practioal
diffioulties or unneoessary hardships that cannot be overoome, Mr.
Gans moved that 3uch appeal be deD1~. The motion was duly seconded
and carried unanimously. Request dea1ed.
ITEM'2 William Georgilas for varianoes to oonstruct
single family dwellings, pools, and fences as follows: (a)
Lot 1: Setbaoks, building height, fence height, and lot
width; (b) Lot 2: l!letbacks, building height, and fence
height; (0) Lot 3: setbaoks, building height, fenne
height, and lot width. All being in Blk 19, Mandalay Sub,
looated at 875, 879, nnd 883 Eldorado Ave and zoned nS-50
(single family).
The Planning Offioial looated the property and explained the
variances being requested, whioh are needed beoause the applioant
proposes to rearrange the lot lines. The property is unique in that
it has right-of-way on all three sides which oreates praotical
diffioulty in development. He suggested that, if granted, the
varianoes should be only for tho area where the buildings actually
enoroach in aooordanoe with the drawings submitted. He reoommended
the applicant should submit a proposed roplat for approval prior to
issuanoe of a building permit if the varianoes are granted.
DisouBsion ensued as to whether it is proper to grant variances
prior to a replat when lot reoonfiguration is contemplated. The
Planning ot1'ioia1 reported the applicant is exempt under the
subdivision regulationa trom filing an official replat; however, in
the interests of good housekeeping and in order to provide guidanoe to
the Building Department in the issuanoe of permits, a replat should be
submitted.
Frank Morris declared a oonf11ot of interest, whioh is attached
hereto tor the reoord.
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Harry Cline, attorney r~presenting the applioant, explained
previous uses and history of the property. He reported a request tor
rezcning with a core-type unit to supply more bUffering around the
buildings 'brought significant opposition from area residents, and the
request was denied by the City Commission. The Commission suggested
'that three single-family units be construoted. He displayed a site
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the applicant plans only daytime use of the dook. In this area there
are two existing wooden docks. both to the west of the proposed site,
one of whioh belongs to Continental Towers and was ereoted by AAA'
Marine. At the time of construction it reaohed to the water. He
reported the walkway will be 6l ft. high.
David Gibson and Jeanne Miller, representing residents of
Continental Towers, spoke in opposition oiting setting a precedent,
marina-type atmosphere, danger from ourrents, sanitation, noise,
possible bait stands and fishermen, water oontamination by fuel
spills, eto. Five othel' citizens spoke in opposition and one letter
in opposition was read into the record.
In response Mr. Pfeil :stated there iD only one boat involved
and would be operational in daylight hours only. No servioes, fuel
or repairs will be provided and, at low tide, there is a maximum water
depth of 2l ft. Responding to questions raised regarding safety, he
reminded the Board that aocidents oan happen any p1aoe.
Having held a duly constituted publio hearing and sinoe, based on
the material submitted by the applioant, the proposed use is not
oonsistent with the zoning oode, Mr. Gans moved that said appeal be
deD1ecl. The motion was duly seconded and upon the vote being taken,
Messrs. Gans and Donnell voted "Aye;" Messrs. Caffentzls, Dallmann and
Morris voted "Way." Motion failed.
Having held a duly constituted pUblio hearing and since, based on
the material submitted by the applioant, the proposed use is
consistent with the zoning code, Dr. Caffentzls moved that said appeal
be poaated with the following conditions: 1) all operations be
limited to daylight hours; 2) all operations be limited to the use of
guests of the Hilton Inn only; 3) the dock will only be used for on-
loading and off-loading of Hilton guests and will be appropriately
secured by a chain or gate on the landward side; ~) no faoi1ities for
repairing, fueling or related aotivities will be provided, and with
the provioion that the use/building permit be obtained within six (6)
months of this date. The motion was duly seoonded and upon the vote
being taken. Messrs. Caffentzis, Dallmann and Morris voted "Aye;"
Messrs. Gans and Donnell voted "Nay." Motion oarried. Request
snnted.
ITEM 17 Emanuel Kotak1s for a special exoeption to
construot an automobile body shop and a varianoe 1n off-
'street parking requirements on pts of M&B'a 22, 23, 25 & 26,
Seo. 15-29-15, looated at 11~1 Court St and zoned CO
(general business).
The Building Offioia1 reported a previous application for storage
was denied on 3/8/79 and speoia1 exoeption for automotive servioe was
approved on 3/26/81 subject to meeting parking requirements.
"The Planning Offioia1 reported the Planning Department prefer15
the parking varianoe as opposed to the method the applioant would have
to use in order. to meet the requirement~. Extending the ex~et1ng use
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11112/81
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does not seem inappropriate; however, oonoerns were expressed
regarding the esthetios of any development on Court Street.
G)
The applicant is ourrently selling oars, whioh requirus a speoial
exoeption, and none has been granted. The sale of oars is taking
plaoe on publio right-of-way, not the applioant' s property. As
reoommended in Maroh, he suggests a oommon acoess to the property to
eliminate exoessive ourb outs on Court Street.
Harry Cline, attorney representing the applioant, stated the
addition will bo used for installation of sound systems and similar
operations as they have ample bodY-8hop room. The addition will be a
separate bUilding whioh would require a single ourb out. They are
proposing to use only 36% of the land area and still oannot meet the
parking requirements. He displayed a site plan and aerials of similar
operations in the area pointing out that few, if any, had on-site
parking.
Disoussion ensued oonoerning the proposed curb outs and Mr. Cline
requested they not be tied to one means of ingress and egress since,
in the long term, the owners might wish to lease or sell this parcel.
Kurt Youngstrom, architect, reported they have designed various
projeots for this property. They have not been able to develop a plan
using a single aaoess whioh has been aoceptable to Traffio Engineering
and Engineering. The existing fenoe will be removed and the oars
presently outside the fence will be moved back.
One oitizen who has reoently purchased property in the area for
prOfessional development spoke in opposition, oiting noise and
physical features of a body shop as reasons for objeotion. Two
letters of opposition were read into the record.
Mr. Cline a tB ted the property presents severe prao tioal
diffioul ties and reiterated the use is compatible with existing uses
in the area.
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Having held a duly oonstituted publio hearing and since, based on
the material submitted by th.o applioant, the proposed use is
oonsistent with the zoning oode, Dr. Caffentzis moved that the speoial
exoeption be snmted. 'lith the following oonditions: " all auto
body work to be 'done in an enolosed area; 2) landscaping will be
provided aooording to oode; 3) all autos awaiting repairs shall be
soreened; 4) hours of operation wll1 be 8:00 a.m. to 5:00 p.m. Honday
thru Saturday with no Sunday work; 5) fence in Tract C will be removed
and with the provision that the use permit be obtained within six (6)
months of thi8 date. The motion w~ duly seoonded and oarried
unanimously. Request srmsted.
Having held a duly oonstituted publio hearing and sinoe, based on
the material submitted by the applioant, there are praotioal
difrioulties or unneoetlsary hardships in oomplying with the zoning
oode, Dr. Cafrentzis moved to ~t the varianoe provided 14 parking
spaoes are provided and with the provision that the building permit be
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