09/08/1977
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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. House moved th~t such ap-
peal 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 ahall cease
after six (6) months from this date. Hr. Youngstrom seconded
the motion which carried unanimously.
ITEM U2 - The request of 440 West (a condominium) for
maximum setback variances.
Grace Loyd, Plannin?, Official, discussed Section 30.07,
Waterfront Property Setbacks, and the requirements of the
Vista Ordinance H15l0. The property is considered a wide parcel
and the zoning ordinance requires clear space, as one continuous
space must be 20% of the width of the property. However, the
building and the parking were constructed before this ordinance
became effective. Construction is already in the vista area.
(or open space) and is minimal, at best. It will be almost
completely eliminated if the applicant's request is approved.
The applicant wishes to construct tennis courts over
the parking area and these courts would require n windbreaker
of Bome type, which would necessarily block the view.
Harry Cline, attorney rel~resenting Pico Development
Corporation and 440 Weal. Inc;, stated the request for setback
variances on the North and ~outh side property lines is to
allow construction of parking lot cover with tennia courts on
top. The underneath portion (the parking area) is not planned
to be enclosed, and the structure will be supported by columns.
The same number of parking spaces will be retained and thus not
increase par.king on public streets. The courts will be pri-
vately owned and for the use of the tenants. Installation of
a roof facility over the parking area will not create additional
area density or utilization.
Rubert AlIi, spokesman for some of the tenants of the
condo, spoke in support of tennis courts and cited their
scarcity on the Beach and mainland.
There were no objections.
8
The Board discussed the definition of a vista and the
present limited open space area of the site.
Upon consideration of the appeal of 440 West, Inc., from
the dechion of the Building Official concerning the request
for maximum" setback variance of 122 feet from North and South
property lines on the followlnR described property: From
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918/77
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northernmost corner of Lot 33, Lloyd-White-Skinner Subdivision
run Southeasterly alonR Northeaaterly boundaries of Lots 33
to 36 ineluaive to p.o.n.; thence run S 68055'27" W 402 feet
to bulkhead line, Southeasterly alonr. bulkhead line to point
on Southwesterly extension of Southeasterly boundary of Lot
43, thence Northeasterly along said boundary 400 feet to
East corner of said Lot 43, thence along Northoasterly bounda-
ries ofwts 43 to 36 inclusive to P.O.B., which property is
located at 440-450 S. Gulfview Boulevard and 1s zoned CTP (com-
mercial tourist facilities), it appearing after this duly con-
stituted public hearing, that there are not such practical
difficultiea or unnecessary hardships in the way of carrying
out the strict letter of the provisions of the zoning ordi-
nance 8S it affects such property as would justify a variance
of such provisions and that the same cannot be varied in har-
mony with the general purposes and intent of the zoning ordinance,
Mr. Nichols moved that such appeal be denied. Mr. Donnell
seconded the motion.
Mr. Youngstrom stated for the record, he felt the Beach
area does need more tennis courts and covered parking is a
necessity" and denial would be a hardship.
Mr. Nichols stated he considered the intent of the ordi-
nance and the rights of the residp.nts and visitors for open
space and a view.
Mr. Donnell quoted Section 30.07 (e), Clear Space Require-
ments.
Upon the vote being taken, Messrs. Donnell, Nichols,
Houae and Batstone voted "Aye"; Mr. Youngstrom voted "Nay."
The request was denied.
The Chairman advised the applicants that they could ap-
peal to the Commission w~thin ten (10) days.
Mr. Cline asked the Board if they would reconsider if
his clients only built two tennis courts on the Nor~h side and
none on the South side. In response, the Chairman stated the
ordinance must be upheld and the rights of the residents and
visitors considered.
e
MINUTES - The Chairman presented the minutes of the meet-
ing of August 25, 1977, for consideration. Hearing no objections,
h~ declared the minutes approved in accordance with copies sub~
mitted to each board member in writing.
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