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06/10/1976 ~', . ~ /J,~)l , , p~.. " , ~ .,........\ . , .' ~ . 'Ii'~...r.~~~:JJ~~~~~.~t.:.:;...:';"':':"',1~~'~..,-..Io' ,,~.,~~':.i...:::.l,. .....:_"'-~ :~..:... _';. ,(: 1...:....~..., " iii BOARD OF ADJUSTHEUT AND APPEAL ON ZONInG June 10, 1976 Members prnsent: 'A ~ Q. R. Hahan. Chairman John K. Datstone, Vice-Chairman Harold J. House Edward ll. Nichols Lewis 11. Homer .'~M _ ~"_M - ..- Also present: Edwin Blanton, Building Director Sid Snair, Building Official Jack Wolie. Planning Official Guy Kennedy, Jr., Assistant City Attorney The meeting was called to order at 4:00 p.m. in the Com- mission Ueeting Room. City Hall. by the Chairman~ Ue out",:, lined the procedure and announced the request of CarriG and William Willir.er for a special exception for non-commercial. parking for a nursery achool. ' Edwin Blanton, Building Director. stated the request,is for a non-commercial off-street parking lot and the zoning ordinance permits this as a special exception in RS~GO '(sin- gle family) zoning. The applicant is the owner of both Lots 15 and 16. Lot 15 is zoned residential and Lot 16 is zoned CG (general business). They plan to build a nursery school on Lot 16. Carrie Wil1iger stated they were requesting the non- commercial parking for the nursery school and had purchased Lot 15 to comply with the parking requirements. J. G. Crumley. general contractor for the project, was present. There were no objections. e Upon c~n8ideration of the appeal of Carrie and William Willigor from the decision of the Building Official concern- ing a special exception to allow non-coMmercial parking on Lot 15, Block B, Sunset 'Poin~ Estates, in conne~t1on with a nursery school on abutting propcrt~ located ,on the east side of Atlantis Drive about 250 ft. north of Sunset Point Road and is zoned RS-60 (single family). it appearing, after this duly constituted public hearing, that the proposed use is consistent with the ceneral zoning plan and with the public interest, Mr. Domer 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 .~~:~\~}... i 5:' < :,. ;f:~;}~};:;~;,~~!,)l';': ',:.,> '/ ' '"' >" " , 1. 6-10-76 " \ " , I,' , .. " ! ~ ,'~~; ".', i ... , , .:.... . ......~,' . , ", ~ ... " , '.", ";:' \, . ~ I .. ',. ... . ~ .,' , ~ ... '. ~': ~ ,:.:; .' . ::.' :...;"? ;,~' .~~"--' "'-<...:..... ......~..,....- ,.... '...... I- I , "~ .' 1 ~, ~ -.... .~...>.i~ ~.:~:.:~...'i ~..... ,..r~..:~I:~... . " .,..... _r ..........._ ....."'" ... ..olio ,." . c." .,.. T....-. ........~"""...:.:~..,"'T........... "'~~~i '!'-:'-..'l!I."-"~: '.' ~.. IJ ..r~....--,.r:"',~"'~~~' 10 ~ ,I' . . ", l ~ ~*~:.i;~:t;;"r!(:'., . accordance with said special exception shall ceooe after six months from this date. Mr. Nichols seconded the motion which carried unanimously. ITEM D2 - The request of Car X Service Systems, Inc.. for a opceial exception to permit a muffler sales and service shop. The Building Director stated this is a special exception permitted by the zoning ordinance. The site was formerly used as a gasoline service station., Dale Wakefield, Director of Real Estate Development for the Car X Service Systems, Inc., stated their operation was strictly to replace mufflers and shock absorbers and all work would be done inside. lie presented a color concept of the proposed renovations. There were no objections. Upon consideration of the appeal of Car X Service Sys- tems, Inc., from the decision of the Building Official con- cerning a special exception to allow operation of an auto- mobile muffler sales and service shop upon Lots 1 and 2. nlock B, Boulevard Pines Subdivioion, which property ia 10- cnted on the Southeast corner of Gulf-to-Bay Boulevard and Crest Avenue and is zoned CG (general business), it appear- ing after this duly constituted public hearing, that the proposed use is consistent with the general ~oning plan and with the public interest, l(r. Nichols moved that said appeal be granted in accordance uith 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. Mr. Homer se- conded the motion which carried unanimously. ITEr! 113- Request of lIe Rhodes to erect a fence. The Building Director stated this is a double frontage lot and the zoning ordinance will not allow a fence over 30 inches within the setback. Hike Rhodes stated he uas requesting the fence for the safety of his five children and the fact that there WQS no backyard privacy. He proposed to build a stockade fence but would place the good ~ide out to face the neighbors. Charlotte and Charles Jones spoke in opposition to the type of fence. Upon consideration of the appeal of M. Rhodes from the decision of the Duilding Official concerning the request for for a variance to allow a fence 5 ft. high along the property ., .' 2. 6-10-76 ,..... 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C\. ~ lines within the building setback line on the wcst sidc of Lot 6, Skycrest Greens Subdivision which property is locat- ed between Arics Lane and Saturn Avenue (1504 Aries Lane) and is zoned illl-12 (duplex-apartment), it appearing, after this duly constituted public heuring, that thore are prac- tical difficulties or unneccssaTy hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance as it affccts ouch property and that the same can be varied in harmony with the general purposes and intent of thc zoning ordinance, Mr. Homer moved that such apppeal be ~nted in accordance with the application sub- mitted therewfth, with the provision that the right to ob- tain a buildinG permit in accordance with such variancer~hdll cease after six (6) months from this date. Mr. House second- ed the motion which carried unanimously. ITEM 04 - Request of Anthony P. Granese to erect a fence. The Building Director stated this is a double frontage lot and the zoning ordinance only permits a 30 inch high fence within the building setback 1incs. Anthony Granese, the 'applicant, requested permission to amend his application as the neighbors objected to a 6 ft. high fence. The application \'IUS amended to read, "a 1+ ft. wire fence on Maple Street and on the south 25 ft. of the west property line, and Q 5 ft. \'Iood fence on Hobart Avenue." The reason for the fence wns the safety of his children und to permit privacy. Ue presented three letters of no objec- tion from abutting neighbors which were read into the record. Mr. Uomer moved to approve the amended application. Mr. Batatone seconded the motion which carried unanimoualy. A letter of objection was read into the record and Ray Lee, an abutting proper~y owner, requested clarification of the fence to be built on the west property line and then withdrew his objection. .e Upon consideration of the appeal of Anthony P. Granese from the decision of the Building Official concerning the request for a variance to allow a 4 ft. high wire fence on Maple Street and on the south 25 ft. of the west property line, and a 5 ft. wood fence on llobnrt Avenue, all on the property line, upon Lots 36 and 37. Ambleside 1st Addition, which property is located betwecn Richards Court, Uobart Avenue and Maple Stroat (219 Hobart Avenue) and is zoned RS- 50 (single family), it appearing, after this duly constitu- ted public hearing, that there are prnctica1 difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance as it af- fects such property and that the same can be varied in har- mony with the general purposes and intent of the zoninG , .,...., ~ 3. ' .' " 6-10-76 ':.\ " . " ~ I :. ~ '':l ", . I : .... . :. "', . , ." ", .L.;L'l.' . .~. i_~; , ". + ~' '-..,' " ......:t. . """!" -.v.' ... Ii ... vC .,.F.j ...,........ . .)0'" :;1 .-;' ~. .....,,~...........,..,l.j.-....... " " L " ,I, ct. ~ If . . .' ! ~ . " . " \ .. , :IC '" .1 '::... '\ ~ \ , " J :~}'''' ., '\ ' .' 'J......_~,... ....~........'* ., ~ c___~_ ..--_--.......~U"'':.o_.... .;.Jia-J:J'll!ET.....".......~_............J............,' ................,.L.......,;.. ~ II"- ~'" .~)S ordinance. llr. Nichols moved that auch appeal be granted in accordance with the application. as amended, with the pro- vision that the right to obtain a building permit in accord- ance with such variance shall cease ofter six (6) months from this date. Hr. House seconded the motion which carried un- animously. @, -: . . 'r ITEM 05 - The request of Norman Shubert to erect a fence. The Building Director stated the ordinance only allows a 6 ft. high fence but the request in for a privacy wall or fence around a master bathroom. They considered it a fence,' rather than a wall, and that is why the request was deni~d. Mike Harrell, representative of Rutenberg Homes who is building the home, stated a 6 ft. high fence was not high enough to insure privacy. A letter from the director of sales of U.S. llome withdrawing their prior letter of objec- tion was read into: the record. They stated this is a part of the house wall and not .a boundary-type fence. Louie Hienckowski spoke in opposition and three letters of opposition were read into the record.' Upon consideration of the appeal of Normnn Shubert from the decision of the Building Official concerning his re- quest to erect a 7 ft. high fence 3 ft. 6 in. from the south- ' east property line on Lot 30, Westchester of Countryside. property is located at 2761 l1estchester Drive north and is zoned, RS-75 (single family), it appearing, after this duly constituted public hearing, that there are not such pratical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordin- ance as it affects such property as would justify a variancQ of such provisions and that the same cannot be varied in har- mony with the general purpose and intent of the zoning ordin- ance, Hr. Homer moved that such appeal be denied. tlr. Batstone seconded the motion which carried unanimously. The applicant was informed he had ten (10) days to file an application for appeal to the City Commission. e Guy Kennedy, ~ssistant City Attorney, reported that in the minutes of May 13, 1976, Item '4, the request for n special exception by The First National Bank of Clearwater as Trustees for Profit Sharing Plan for Employees of Carlisle Motors, Inc., should be amended. The motion was in error as it stated "the right to obtain a building permit In accordance with said special exception shall cease after six mon~hs from this date." A building permit is not required in this caGe and the motion should be amended to read, "with tbe provision that the right to commence to use the property in accordance with said special exception shall cease after six months from this date." Mr. Nichols noved to amend the minutes of May 4. 6-10-76 " . '~', ,~.<~~r';J";'~~"'. . , ;-.'.\ I... ~... .~\.~~~,.~....~~{," ,< , ~ :, ?: ;...~~.r., . ';J: . . ':~ ".~~''''~'L_I...~., . ~, . 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