03/28/1974
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those areas. Mr. Charles Robinson, Attorney representing Smiley
Corp., stated that their original plans were for what might be
termed a high-rise, 6-story building, but they have changed their
plans now to a 2-story building with 7 units on the property.
Mr. Homer arrived at this time (4:28 P.M.) Mr. Blanton, Building
Director, stated that a foundation permit had been issued and
that a 6-story building could still be built on the property.
The Clerk read letters of no objection from Leonard Collman,
President, Dolphin Apartments Association, which adjoins Lot 14
of the subject property, and from Arthur X. Deegan, owner of Lot
12 adjacent southerly to the subject property. There were no
objections. Upon consideration of the appeal of the Smiley Corp.
from the decision of the Building Official concerning a 16 ft. set-
back from south property line and a 17'6" setback from east pro-
perty line and permission for parking in both side yard setbacks
on Lots 13 and 14, Section SA, Island Estates of Clearwater,
located at the west end of Dolphin Point, and zoned CTF (Commercial
Tourist), it appearing, after this duly cons~ituted public hearing,
that there are not such practical difficulties or unnecessary hard-
ships in the way of carrying out the strict letter of the provis-
ions of the zoning ordinance as it affects such property as would
justify a variance of such provisions and that the name cannot be
varied in harmony with the general purpose and intent of the
zoning ordinance, Mr. Carter moved that such appeal be denied.
The motion was seconded by Mr. Batstone and carried unanimously.
Request was therefore denied.
The Chairman presented the request of Early Thomas, etal. for con-
sideration of the Board. Mr. Snair, Zoning Inspector, Building
Department, stated that there was a question as to whether or not
this could be considered by the Board as Section 23.03, Special
Exceptions under General Business District, prohibits or excludes
automotive body repair consideration as a special exception. Mr.
Kennedy stated that the Board of Adjustment and Appeal on Zoning
has the authority under certain circumstances to grant either a
special e)tception or a variance. He stated that the use of said
premises as an automotive body repair shop was not an allowable
special exception under the zoning ordinance. He also stated that
the Board of Adjustment and Appeal on Zoning, in his opinion, did
not have the proper authority to grant a use variance and to allow
an automotive body repair shop in said zone as a variance under
the terms of the zoning ordinance. It was stated that the City
Commission would consider an amendment soon to this portion of the
zoning ordinance which would allow body repairs as a special ex-
ception under certain conditions. A discussion as to the method
of handling the denial without subjecting the applicant to a full
fee ensued. Upon consieration of the appeal of Early Thomas, etal.
from the decision of the Building Official concerni.ng a special
exception to allow erection of repair garage and autbobody shop on
Lots 7 to 10 inclusive, Block 2, Lake Belleview Addition, which
property is located on the south side of Lakeview Road almost oppo-
site the end of South Myrtle Avenue and is zoned CG (General
Business), it appearing, after this duly constituted public hear-
ing, that ,the proposed use is not consistent with the general
2.
3-28-7"
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