01/27/1977
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
January 27, 1977
Members present:
John K. Batetone,
Edward H. Nichols,
Lewis H. Homer
Harold J. House
Kurt E. Youngstrom
Chairman
Vice-Chairman
Also present:
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Edwin Blanton, Building Director
Sid Snair, Building Official
Jack Wolle, Planning Official
Harybeth Lavallee, Assistant City Attorney
Hike Kenton, Environmental Planner
Pat Tracy, City Forester
The meeting was called to order by the Chairman at 4:00
p.m., in the Commission Meeting Room in City Hall. The Chair-
man outlined the procedures to be followed and announced the
request of H. L. Marion to appeal the decision of the City
Manager for denial of a permit for removal of three (3) oak
trees on property located at 2419 Gulf to Bay Boulevard, and
stated the Board is acting under Ordinance Ol623.
Hike Paroby. Assistant City Manager, representing the
City Manager, presented a letter to the Clerk addressed to
Hr. Pat Tracy, City Forester, from the Florida Department of
Agriculture and Consumer Services, dated January 27, 1977,
and signed by Ric Becton, the PinellasCounty Urban Forester,
who concurred in the decision of the City Manager.
The Board was informed that this property is zoned CG
'(general business). As there is a temporary building it is
not considered a vacant lot.
s
Robert Marion read a letter into the record from The
Van Wagoners, a custom boat building and repair shop in St.
Petersburg, concurring with his opinion that the discolora-
tion spots on his boats are due to tannic acid and sometimes
impossible to remove. The main problem is with fiberglass
as it absorbs the stain. He d~es plan to build a permanent
building in the next year or year and a half.
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There was no one to speak in approval or objection.
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He also stated that to use a Visqueen covering would be
a fire hazard because of the lenves that would gathe~ on it.
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Discussion ensued about the request being 8 method to
avoid payment for the trees and the criteria for denial.
Hr. Homer moved to continue this item to February 24,
1977. Hr. Youngstrom seconded the motion.
Mike Kenton, Environmental Planner, stated trees need not
be replaced in a CG zone, only in residential areas. Mr.
Batstone er.pressed concern about the rights of the property
owner and Assistant City Attorney Marybeth Lavallee stated
the City is concerned about trees. and their protection. If
it is detrimental to the City the permit is denied by the
City Manager, but the citizen has the right of appeal to the
Board. The Board should consider the effect of the removal
of the trees.
Hr. Marion stated he wanted to remove only three trees
to carryon his business. His original request for a permit
was made in December of 1976. .The permanent structure he
plans to build will require removal of thene trees. Further
discussion ensued about the use for the property and if the
owner could present a site plan for the future.
Hr. Homer withdrew his motion and Hr. Youngstrom withdrew
his second.
The Assistant City Attorney advised the Board that they
could deny or approve the application based on the evidence
presented today. However, a work session would have to be
held to draft the order as there is no prepared motion. The
Board will draft the written order based on the findings of
facts.
Hr. Youngstrom moved to deny the request of the applicant.
Hr. Nichols seconded the motion which carried unanimously.
Hr. Marion vas advised by the Chairman of his right of
appeal to the City Commission.
ITEM 12 - The Request of James L. Pacey for a Variance.
@)
Ed Blanton stated there is an existing residence on the
property with a 25 ft. setback and a recessed entryway, which
the owner wishes to enclose and add bay windows on the front
of the house.
James Pacey was present and stated this would be an im-
provement to the neighborhood.
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Three letters of no objection were received and one was
read into the record.
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Upon consideration of the appeal of Jamea L. Pacey from
the decision of the Building Official concerning the request
for a variance to allow a 23 ft. setback from the front lot
line to construct two bay windows on residence on Lot 12, Druid
Acres, which property is located at 812 Yillow Branch Avenue
and is zoned RS-50 (single family), it appearing, after this
duly constituted public hearing, that there are practical dif-
ficulties 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. Nichols moved that such appeal be granted in
accordance with the application submitted therewith, with the
provision that the right to obtain a building permit in accord-
ance with such variance shall cease after six (6) months from
this date. Mr. Rouse seconded the motion which carried unani-
mously.
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ITEM 03 - The Request of Jasper W. Campbell for a Special
Excepti,on.
The Building Official stated the owner had demolished his
wooden structure and proposed to build a new home, but in an
RM-28 zone this requires the approval of the Board for a
special exception. He also reported there are many single
family homes in the area.
Jasper Campbell stated his new home would be compatible
with the neighborhood and he haG no objcction to high-rises
being built around him.
H. R. Hincs and Louis R. Dougherty spoke in favor of the
request. A letter from five property owners to the north ap-
proving the request vas read into the record. There were no
objections.
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Upon consideration of the appeal of Jasper W. Campbell
from the decision of the Building Official concerning a special
exception to allow construction of a single family dwelling on
Lots 14, 15 and 16, Block 4, Magnolia Heights, which property
is located on the north side of Jeffords Street midway between
South Myrtle Avenue and South Prospect Avenues and is zoned
RM-28 (high density multi-family), it appearing. after this
duly constituted publiC hearing, that the proposed use is con-
sistent with the. general zoning plan and with the public inter-
est, 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 aix (6) montha from
this date. Hr. Homer seconded the motion which carried unan-
illously.
3.
1-27-77
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