04/08/1976
BOARD or ADJUSTMENT AND APPEALS ON ZONING
April 8, 1976
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Members present:
Q. R. Mahan, Chairman
John K. Batstone, Vice-Chairman
Harold J. House
Edward H. Nichols
Lewis H. Homer
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Also present:
Edwin Blanton, Building Director
Sid Snair, Building Official
Jack Wolle, Planning Official
Guy Kennedy, Jr., Assistant City Attorney
The meeting was called to order by the Chairman at 4:00
p.m. He outlined the procedure and proceeded to read a letter
from Robert F. Starr, Architect, requesting an extension of a
special exception granted by the Board on Thursday, October 23,
1975 for Dr. L. C. Watkins, Jr. Mr. Starr was present and spoke
of illness and death in the family of Dr. Watkins. The doctor
and the architect were unable to get together to finalize the
plans. He requested a minimum of 60 days extension to proceed
on the matter. After a short discussion Mr. Batstone moved to
grant a 60 day extension for Dr. Watkins to allow a special
exception for medical offices on the West 22 ft. of Lot 27,
All Lot 28 and 29 and a vacated alley on North, C. Perry Snell's
Bluff View Addition to Clearwater, property being located on the
Northeast corner of Jeffords St. and S. Druid Rd. and zoned
RM-28 (high density multi-family). Mr. Homev seconded the
motion which carried unanimously.
The first item on the agenda was the request of Marjorie
B. Grove for 13 ft. setback from Jewel St. Mr. Blanton said
that a 40 ft. setback from the street was required by the zoning
ordinance for a garage to be built on the lot. Mr. Grove was
present and showed on a map that Jewel St. paving is very narrow
with a considerable amount of right-oi-way that is not being
used. Mr. Grove stated that he keeps up both the lot and the
right-of-way. The Clerk reported two letters of no objection
and there were no verbal objections.
Upon the consideration of the appeal of Marjorie B. Grove
. from the decision of the Building Official concerning the
request for a variance to allow a 13 ft. setback from Jewel St.
to erect a garage on Lot 11, Block 14, Mandalay Sub., which
property is located on the northWest corner of Bruce Ave. and
Jewel St. and is zoned RS~50 (single family), it appearing,
after this duly constituted public hearing, that there are
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practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the provisions of the zoning
ordinance as it affects such property and that the same can be
varied in harmony with the general purposes and intent of the
zoning ordinance, Mr. Homer moved that such appeal be ~ranted
in accordance with the application submitted therewith, with
the provision that the right to obtain a building permit in
accordance with such variance shall cease after six (6) months
from this date. Motion was seconded by Mr. House and carried
unanimously.
The second item on the agenda was the request of O. W.
Hollowell for a special exception to use a building as a
supplement to a doctor's office. Mr. Blanton, Building Director,
had no comment on this item as it was a special exception which
was the prerogative of the Board to grant or deny. Dr. Hollowell
was present and said that the building on the property will be
improved but there will be no major changes nor erection of new
building. There were no objections.
Upon consideration of the appeal of O. W. Hollowell from
the decision of the Building Official concerning a special
exception to use building on West 70 ft. Lot 2, Block 12, Milton
Park as a supplement to doctor's office, which property is located
on the northeast corner of pinellas Street and Ewing Avenue and
is zoned RM-28 (multi-family), it appearing, after this duly
constituted public he~ing, that the proposed use is consistent
with the general zoning plan and with the public interest,
Mr. House moved that said appeal be granted in accordance with
the application submitted therewith, with the provision that the
right to obtain a building permit in accordance with said special
exception shall cease after six (6) months from this date. Motion
was seconded by Mr. Nichols and carried unanimously.
The third request was that of Else M. Snyder for special
exception for non-commercial parking. Else Snyder was present.
The Clerk read a letter from Marie J. Larnm protesting the fencing
in the area. There were no objections.
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Upon consideration of the appeal of Else M. Snyder from the
decision of the Building Official concerning a special exception
to use Lot 30, Drew Park Sub. for non-commercial parking, which
property is located on the northeast corner of Jones St. and Fern
Ave. and zonod RM-l2 (duplex-apt), it appearing, after this duly
constituted public hearing, that the proposed use is consistent
with the general zoning plan and with the public interest, Mr.
Batstone moved that said appeal be granted in accordance with the
application submitted therewith, with the provision that the right
to obtain a building permit in accordance with said special
exception shall cease after six months from this date. Motion
was seconded by Mr. Homer and carried unanimously.
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4--8-76
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The fourth request was that of George L. Mallory to waive
setbacks on the East and West sides of his property, Lots 12
to 17 inclusive, Block 16, Belleair Sub. Mr. Blanton, Building
Official, stated that the zoning required 10 ft. setback on the
West side and 15 ft. on the East. Mr. Mallory was present.
Mr. Boyd, owner of an 8 unit apartment building at 1406 Hamlet
Ave., directly east of the subject property, objected to the
proposal and claimed_that Hamlet Avenue had been vacated but no
proof was found of this vacation. The Clerk read a letter of
objection with 10 names on it.
Mr. Mallory stated that he wanted to save all the trees he
could on the property and the plans are to use a portion of the
building as offices and the balance as a warehouse but no manu-
facturing was planned at this time. Mr. Nichols questioned
whether the Board would be Changing the zoning to CG (general
business). Upon a question from the Board, Mr. Wolle stated
that he was not in favor of zero setback. Discussion ensued as
to whether Mr. Mallory would amend his application for 5, 10 or
15 ft. particularly on the East. He tentatively agreed but
until the Board decided on something he did not feel he wanted
to amend it and then have the Board decide not to grant him
what he agreed to. Further discussion ensued. Upon the consid-
eration of the appeal of Geovge L. Mallory to waive setbacks on
the East and West sides of Lots 12 to 17 inclusive, Block 16,
Belleair~Sub., zoned ML (light manufacturing), it appearing,
after this suly constituted public hearing that there arc not
such practical difficulties or hardships in the way of carrying
out the strict letter of the provisions of the zoning ordinance
as it affects such property as would justify a variance of such
provisions and that the same cannot be varied in harmony with
the general purposes and intent of the zoning ordinance, Mr.
Batstone moved that such appeal be denied. Mr. Nichols seconded
the motion. Upon the vote being taken Mr. Batstone, Mr. Nichols
and Mr. Mahan voted "aye". Mr. Homer and Mr. House voted "no".
Motion to deny carried.
Mr. Mahan presented the minutes of the meeting of March 11th,
1976. Hearing no objections the Chairman declared the minutes
approved in accordance with copies sublnitted to each Board member
in writing.
There being no further business the meeting was adjourned
at 5:25 p.m.
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4-8-76
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