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11/25/1976 '- , . , ;~,:~ 'I 1 . , ",_,"~__~"""'-i'....w.;' .,~ .r j.. ~ "'- 10-__ . , ." ~,_... ,I.... ~ BOARD OF ADJUSTMENT AND APPEAL ON ZONING November 17, 1976 ~ ef Members present: John K. Batstone, Chairman Edward H. Nichols, Vice-Chairman Lewis H. Homer Harold J. House Kurt E. Youngstrom Also present: Sid Snair, Building Official Don Jass, Planning Official Marybeth Lavallee, Assistant City At~orney The meeting was called to order by the Chairman at 4:00 p.m. in the Commission Meeting Room, City Hall.. The Chairman outlined the procedures to be followed and announced the request of James L. Sowell for a special exception to allow a plant nursery. Mr. Snair stated this is only permitted as a special exception for this type of business. The applicant, Mr. Sowell, was present. There were no objections. Upon consideration of the appeal of James L. Sowell from the decision of the building official concerning a special exception to allow a plant nursery on Lots 1 through a, Block K, Second Addition to Belmont, which property is located on the East side of S. Myrtle Ave. between Howard Street and Belleair Rd. and is zoned CG (business), 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. Homer 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 eJCceptlon shall cease after six (6) months from this date. Hotion was seconded by Mr. Youngstrom and car~ied unanimously. Item #2 - Request of F. David Hemerick for a setback. The Building Official stated that the adjacent street was not open. Mr. Joe R. Wolfe was present representing Dr. Hemerick. He presented pictures of the property and stated that there would be a minor addition to line up the patio with the house. 8' The City Clerk read a letter from Lew Field, representing an-adjacent property owner, approving the variance. There were no objections. '~~ :/>1' j"" '.T' . /i-:':';:~;.' ..:'. ' ~;:'~\::~ " \1 . I. I " ~ . ", ',l' . or,' I' ; ....: ,..:.;.........,.~ .~-,..l.~.. ""t, ;.......~ ~, 'I ,) I' _~...~:r.~~\'... i".-'l:.....,.tri'iM,. "M. " ~ 4.'" ....4~~~....,1 _....._-~~ '-fill- ..!~~..!~,..'.......J f:'" . ,. ~I , 'r .,' J . -.. .:It! 'iJ' _-~..............~_...''t. ';', I~:- ' i " .). ' ~ : J ~. ' .~, . ~~ , , ' ," I ", i \..: ( ~ :\ \1 .J , \ '1/", o Upon consideration of the appeal of F. David Hemerick from the decision of the building official concerning the request for a variance to allow 4~ ft. setback from the West property line to enclose existing patio on Lot 1, Block 273, Carlouel Subdivision, which property is located at 1035 Bay Esplanade and is zoned RS"SO (single family), it appearing after this duly constituted public hearing, that there are practical difficulties or unnecessary hard- ships 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& Nichols 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. The motion was seconded by Mr. Homer and carried unanimously. Item '3 - Request of Galloway's Limited, Inc. for a 15 ft. setback from Eldorado Avenue. The Building Official stated that the properties to the no~th and south had approximately 5 to 6 ft. setbacks and about 2 ov 3 lots away was a building under construction with a 10 ft. setback which had recently been granted by the Board. Mr. J. Howavd Audibert, Archi tec"t, \olas present repres enting the applicant and among other things stated that the p~esent building willi ,be removed and a new one erectfl<i. There were no objections. Upon consideration of the appeal of Galloway's Limited, Inc. from the decision of the building official concerning the request for a variance to allow 15 ft. setback from Eldorado Ave. to erect residence on Lot 5, Block 7, Mandalay Subdivision, which property is located at 866 Eldorado Ave. and is zoned RS-50 (single family), it appearing after this duly constituted pUblic hearing, that there ave practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordi- nance 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. House moved that such appeal be gran~~ in accordance with the application submitted there- with, 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& The motion was seconded by Mr. Homer and carried unanimous1y& Item *4 - Request of Moishe Kedan for special exception for a doctor's office. @) " 2. 11-17-76 }.,: > .', {tj~::;i0::~;~:i :~'L\\':~\ ~.:.:' , '.. ~"". " , . ,~ , ',', ,t ,/ ,,~:r. ";,f' ~ ~,......, 60 ..., . ~, . . ( ,<, ,. , " I .1 " .' :'1 ", 'J T_~~-\<''''''''t..:....~.J.''':'''''':''::'-).~':''''..8.I'-~~'''_.~..~'.<T ",....,..." '.J~r. >:i '. ,~,\~....'~...~l"."\,.., .'l~\'~.. ,.I.~~~ , ~CJ CD The Building Official stated he had no comment on this item. Mr. Donald W. Lloyd was present representing the applicant. The City Clerk read a letter in favor of the request from Richard A. Leandri, President of the Leandri Corporation. There were no objections. Upon consideration of the appeal of Moishc Kedan from the decision of the building official concerning a special exception to allow a doctor's office on Lots 1, 2, 3 and 4, Block 6, Magnolia Heights Sub., which property is located on the southwest corner of Lotus Path and S. Greenwood Ave. and is zoned RM-28 (high density multi-family), 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. Youngstrom moved that said appeal be ~anted in accordance with the application sUbmitted therewith, with the provision that the right to obtain a building permit in acco~d- ance with said special exception shall cease after six (6) months from this date. Mr. House seconded 'the motion which ca~~ied unanimously. (see letter of conflict of interest attached and incorporated herein by reference) The Assistant City Attorney presented a rule change regarding conflict of interest as follows: No member shall abstain from voting on any matter pending befo~e the Board; any member who votes on a matter in which that member has a direct or indirect personal or financial interest, must, within 15 days after the Board mee'ting, file with the City Clerk a memorandum explaining his interest in the matter. The memorandum shall be received by the City Clerk and incor- porated into the minutes of the meeting. She stated that her previous recommendation was in error and that this rule is in accordance with state law now. Mr. Homer moved that the pro- posed rule be adopted by the Board. Mr. House seconded the motion which carried unanimously. The Assistant City Attorney then brought up the Appendix A, Section 35.09, subsection (9), of the zoning code l'egat'ding de novo hearings before the Commission. She pointed out that the City Clerk shall t~ansmit all pape~s for the use of the Commission constituting the record upon which the action appealed from is taken. She stated it must be a verbatim transcript of that particular item, not just a copy of the minutes. f) The Chairman presented the minutes of the meeting of Octobe~ 28, 1976 for approval. Hearing no objections he declared the minutes approved in accordance with copies submitted to each board member in writing. Because of conflict of dates with the Commission and Christmas Holidays, the Board, by consent, decided to have only one meeting in December and that to be on December 15, 1976. Revised 3. 11-17..16 1 '.;' l~~~!~';'~....-:.'i'.T>-"''';''Il! :' :.:.::~ ~. fiO.' , , ' -:-,.' L , '.;) "', .~. .""r~;"I; ...""_' 1/- '~.......,."""..,...'! ,...,(~.........