04/14/1977
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Block A, Unit 8 of Skycrest Subdivision, which property is
located at 304 South llercules Avenue and is zoned RM-28 (high
densjty multi-family), it appearing, nfter this duly consti-
tututed public hearing, that there are 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 'lith
the general purposes and intent of the zoning ordinance, Mr.
lIouse 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 accordance with such
variance shall cease after six (6) months from this date.
Mr. Nichols seconded the motion. Upon the vote being taken,
Hessers. Nichols, Youngstrom, House and Batstone voted "Aye";
Mr. Donnell voted "Nay." Notion carried.
ITEM 03 - Request of Frank M. Kryza; Crystal Lounge, Inc.
db~ The Court Room, to waive off-street parking.
Building Director Edwin Blanton reported this is a two-
story building and the applicant proposes to convert the
second floor to a cocktail lounge and thirty additional park-
ing spaces will be required in this CG (business) zone.
Chester McMullen, Jr., attorney representing the appli-
cant, stated the building was constructed in 1947 before off-
street parking was required by a zoning ordinance, and the
original plan called for apartments or offices on the second
floor. A cocktail lounge is primarily a night operation and
the surrounding area is occupied by professional offices.
The lounge presently opens at 4 p.m., and there is adequate
parking in several nearby lots.
The Board expressed concern about future parking prob-
lemswith the advent of a civic center Downtown. There were
no objections.
Upon consideration of the appeal of Frank M. Kryza;
Crystal Lounge, Inc., dba The Court Room, from the decision
of the Building Official concerning the request for a vari-
ance to waive off-street parking for the purpose of improving
the upstairs portion of the building for use as a cocktail
lounge upon Lo~ 35, Court Square Subdivision, which property
is locatedat580Haven Street, and is. zoned, CG (business)" it,
appearing, after this duly constituted public hearing, that
ther'e are no t such prac tical dif ficul ties or unnecessary
hardships in the way of carrying out the strict letter of the
provisions of the zoning ordinance as it, a\ffects such property'
as would justify a variance of such Vrovisions and that the
same c~nnotbe varied in harmony with the general puipose and
inte~t,of the zoning ordinanc~, Mr. Nichols moved that such
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Robert Friedman, representative for the applicant, pre-
sented four photos of other residences in the area (Grovewood
Subdivision) \<7ith fences. lie also presented <1 copy of the
deed restrictions and <1 note of approval from the developer.
The purpose of the fence 1s for privacy and n safety factor.
The applicant proposes to construct n wooden fence, landscaped
on both sides.
One ~tter of approval nnd three letters of opposition
were read into the record.
Upon consideration of the appeal of Howard L. Pasekoff
from the decision of the Building Official concerning a re~
quest for variance to allow a 6 ft. fence instead of the 30
inch fence permitted within the building setback line on the
west side of Lo~ 74, Gruvewood SubdiVision, which property
is located at 2209 BRacom Way nnd is zoned, RS-75 (single
family), it appearing, after this duly constituted public
hearing, that there arc not such 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 as would justify a variance of such provisions
and that the same cannot be varied in harmony with the general
purpose and intent of the zoning ordinance, Nr. Nichols moved
that such appeal be denied. Mr. Donnell seconded the motion
which carried unanlmously.
The applicant was advised of his right of appeal to the
City Olmmission within ten days.
ITEM 06 - Request of Eugene R. Smith for a variance.
The Building Direc tor ata tad the zoning ordinance requires
a 20% setback of the lot width on waterfront property in a
CTP (commercial tourist facilities) zone, which would be 25
ft. on this 128 ft. wide lot. The applicant is requesting a
10 ft. side yard setback.
Eugene Smith, ArChitect, stnted he planned only four
apartment units on the site in lieu of sixteen dwelling units
or twenty-four hotel/motel units allowed under the present
CTF zoning. This reduced density parallels that of RM-8 zon-
ing, which only req~ires 6 ft. side setbacks. He has request-
ed the 10 ft. side setbaCKS to bring it in line with the lower
density type of structure for the four apartment units pro-'
posed. He reported the lo~ coverage would be leas than 40i.
aud the~oject will consist of four luxury apartments in a
l-story wilding.
Blaise Sciarra spoke in support of the request. Frank
Morrow cODmented on the lot being wider than average'in the
area snd questioned whether there would be sufficient parking
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Discussion ensued on flood insurance and the house being
higher than those on the surrounding lots, and the actual
variance required could not be ascertained. The Building
Director stated a tie-in survey is needed to establish the
exact variance.
Mr. Datstone instructed the Board that the only issue
before them was the request for a 14 ft. setback instead of
a 15 ft. setback as required by the zoning ordinance.
Upon consideration of the appeal of Constantinos Pantazes
from the decision of the Building Official concerning the re-
quest for a 14 ft. setback from the south (rear) lot line to
erect a structure upon Lot 2, Island Estates Unit 7A, which
property is located on the southwest corner of llarbor Passage
and Snug Island and is zoned, RS-75 (single family), it ap-
pearing, after this duly constituted public hearing~ that
there are not such practical difficulties or unnecessary hard-
ships in the way of carrying out the strict'letter of the
provisiona 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 purpose and
intent of the zoning ordinance, Mr. Donnell moved that such
appeal be denied. Mr. Nichols seconded the motion. Upon the
vote being taken, Messrs. Donnell~ Nichols, House and Batstone
voted "Aye"; Hr. Youngstrom voted "Nay." Request \.ras denied.
Mr. Pantazes was notified of his right of appeal to the
City Commission within ten days.
The Chnirman presented the minutes of the meeting of
March 24, 1977~ for consideration. Hearing no objections he
declared the minutes approved in accordance with copies sub-
mitted to each Board member in writing.
The members of the Board were asked if they had any com-
ments or suggestions for changes to the Rules of Procedure
(also received in the mail).
Mr. Batstone suggested that the Secretary of the Board
be designated as the City Clerk or Deputy Clerk of the City
of Clcar~ater and he requested deleting from Article III,
'Meetings, Paragraph 3, the second sentence re the affirmative
votea'of three members 88 this is covered in a later portion.
There being no further business
at 5:55 p.m.
adjourned
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