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10/27/1977 }~o ", ~ ~ BOARD OF ADJUSTMENT AND APPEAL ON ZONING: October 27, 1977 Member~present: ,John K. Batstone, Chairman Edvard R. Nichols, Vice-Chairman Harold J. House *Kurt E. Youngstrom Franlt Donnell Also present: Syd Snair, Building Official David Healey, Planning Official Richard Griesinger, Assistant City Attorney Absent: ;Edwin Blanton, Building Director *Hr. Youngstrom arrived at 3:15 p.m. The meeting was called to order by the Chairman at 3 p.m. and he announced the request of Kenn~th R. Gilliam for a var- iance. Syd Snair, Building Official, reported this is an exist- ing 48-inch high chain link fence which vas erected by the fence company 4-feet outside of the setback line. The toning Ordinance permits a 30-inch high fence. Kenneth Gilliam stated he needed the extra height to pro- tect his children as this is a corner lot and thore is consid- erable traffic. There were no objections. eJ" , Upon con.ideration of the nppeal of Kenneth R. Gilliam from the deciaion of the Building Official concerning the request.for a variance to allow 75 feet of 48-inch high fence within th~ setback line on the east side of Lot I, Block H. Br.eze Rill Subdivision, vhich property i. located on the SW corner of Pins Street and San Reao Avenue and i. zoned RS-SO (ainale faaily), it appearing' after this duly conatituted pub- lic,; b.ariog, that there are practical difficulties or unneCea- ~.ry hardahipa in tbe vay\of carrying out the 8trict letter of I, ,', , , ' -<..1 \". . . ," "'Af ;:\.'_:~T '~..'. . .~_~:. ~ ~ . '~': j.~:{i~~~:Ji~i!'::~~:y;:,::) ;<';;~\;~:"..,: '.~\:, ',': :,:: ,/ I,"','''''~':' .~l.", \. >,' '.i' "\ '." '" \,H ..;'f'{;.:~""i;.\-:.~'?;';l~..t. ~,1'''7i' J-.", t:.'J\~~ '.:(. . ~.} t.., ,:: 1. .',' "\\'Fl'IJt.i',y.,. "," ,,'.l ','-,1" 1",," :""'".. . ,.' : ll"~J. 7~)_"~ rn.:;.'il>.,".' .....:. ~"'~':",;l..-.;~,: t,e' '>..-'~'~~'; T~I:: :.~; :. ': :..... ~ . c . '10/27/77 . .,". " :1. ,:',; \,,\': ,;:;:~\.~';;>~~~~~' :"". ;,':;;>.?, ,:>t.,': ,T ","-:':/::::~~i":l);l:;~~l .,' ~"~l .1" ' , ,', ' " ,,,'" ",~'!: ,-'~ ".'J. ,,~., ,'> 'lu; ~..." 1, ......, ......, ...../~~,~... .. I. '.~~H:~~"'. >L.... ~ ,:~;:.::.:.,.\.::,...:':-::"..~.:+(tf{:J.' rW ~ l l-J--" .,......~..i~~.. 1.:\ .. '. 't - .' .'ll.... , , .> . ., ." ~ ur~ ~ ~...., ~~ ~.' " u ~i~'I,~'J~~~:~: t,~$~' ;~~:'t~),.i~~.': ~ i\~,:.';~~:~ .\: \ ~. '. I . ~ ~ ~ . " ._ ". ", .. . ~ : .~~ ~<. ."r:l ." r........,......~'./..~...~-':'">~\o..".'.. .~I p.......L.,..,. ~ '" ~_'~. iy~...#.........~.....l.........~.-.. '" " ..~_._......'::.~_r.. . '.".-., <,~. '.~'.. ~. ~t',L~/iL~~:',..rL';'7\},~t:r\"!'.t~?':'-'..!~{;'\~:i/dJf'~~~ -fro ...~~:~. ~J . :. '. ~, , 11 ; T. . .' ,.. '. ~,~.~...~~ r :J.\ '. \:. / -to}. Ih ,\J_'1 'r'" . ~ . /It ~..,.... "'" " . , ,I . ."'-~' ~...... ~:j ....>"..!...."--~ '/) '.." .' +;", .' , ""~..;' . " l . '# '. . '~~~ ~~W,~..r,.~~::-\, "'~ ~.[~..i!'riJr~~~~!!.~"-!~:...~ _~.,.....~..I.~..;r~~'1w.-~_~""".::';~~,!V~;I'.T ...,. jL~..;-' f!:";' .;.:'~r'_-.;....;......;;..'_~ ,. ,,~'~r~~~:?rI:1~.~~w-.-'9"~:.~~'~r.~~",Jt.~~~,~~'~i" , , '" ",." ,..,~ . ". t ~,.\ ~ ,'r_':; ./:' :; ,..:,i ,\~\;., c;,:~ ;~,' ;',,> ;l'~~,-;~::. ~::'''''::~ '!'.' .,:;,;. ~- ." /:y.~" :." ''',..", " , ' r;;:p ~ Upon consideration of the appeal of John C. Baliko from the decision of the Building Official concerning the request 'for a variance to allow lot covernge of 27.7% in place of the maxi.um 25% pormitted on the South Helf (S~) of Lot 23 and the North Half (N~) of Lot 24, Block 68, Manda1ay Subdivision, which property is located on the west side of Kanda1ay Avenu~ about 100 feet north of Island Drive and is zoned RS-SO (single family), it appearing, after this duly con*tituted public hearing, that there are practical difficulties or unne~ess.ry 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. Donnell moved that such appeal be granted in accordance with the application submitted therewith, with the provision that the right to ob- tain a building permit in accordance with such variance shall cease after six (6) months from this date. Mr. Youngstrom' soconded' the motion which carried unanimously. ITEM 14 - The request of K & S Manufacturing for a special exception. The Building Official reported this complex was built for storage but has been converted to various uses. Russell Slicker stated they would be manufacturing re- place~ent toaster elements and displayed a sample. There were no objections. :4t Upon consideration of the appeal of K & S Manufacturing from the decision of the Build1nR Official concerning a special exception to allow the manufacture of replacement toaster ele- ment. onwts 7, 8 and 9, Block C, Fairburn Addition, which property is located on the northwest corner of North Betty Lane and LaSalle Street and is zoned CC (business), it appearing, after this duly constituted public hearing, that tho proposed use 1s consistent with the general zoning plan and with the public interest, Hr. Nichol~ moved that said appeal be granted in accordance with the application submitted therewith, with the provi.ion that the right to obtain a building permit in ,accordance with said special exception shall cease after six ,months fro. 'this date. Mr. Youngstrom seconded the motion : which carried unaniBously. ITEM IS - The rdqueat of Dr. John P. Barrett, Jr., for a special exception. At thi~ time, neither the applicant nor his representative va. pre.ent. The Chairman requested the City Clerk contact the applicant' and inform him that the item would have to be readver- ti~.d f~r hearing at ~h~.pext ..eting_ '(S.. It.. 'Safte~ It.. 17). ~., ~ ;>. . c ~t~~~;):;~,~f~~:;ii:"I{i,;i::" , '~~+~."" ,c'q~,~",,,,"!'-,X~~r.'J~'t/...r"i\" ~c -.:J .J."\" I ....~... J~'~.cr.;.';-;-'-'i:(\ r~l...>...~\..:.....:..:>.,. 't.. .,~.'~.f,;. ,0 , 3. 10/27/77 ,:. .... : c:.(..~.: ,~~ , ../~ ~c' ~-r ~. c~:~~ .,,' .. ~ 1- . .. , ~ ~'f':!!).....~~~~-~1:'....,r"""'" ~' ,.......-a.--......r,nL!:!!!~.,-,-~-f~ <; ,\ 'r~ , '). ~ ,..., 1'-'::'11 ........... ..:~- '',. ~~. . j ~ . ~I.. '.'., ~. l . . ~ .. " I ; j ... " 'PL__ " , " , ":'.p~ ..-J1r;,:.-t~~~'~:...t.:\i.::":"'f,....-~~:;" '.;-..,......~:..1~...~.: ,'.: ..L.""., ~ .'.... ITEM 16 - The request of Gerald J. Yegge for variances. (7::\ G The Building Official reported the Zoning Ordinance re- quires a IS-foot side and rear building setback. Gerald Yegge stated they were planning Q 6-unit apartment building and have requested a variance in order to provide a buffer between tbe apartments and a restaurant on the adjoining lot. (Zero setback allowed for commercial venturea). There were no objections. Upon consideration of the appeal of Gerald J. Yegge from the decision of the Building Official concerning the requeat for a variance to allow a 4-foot setback froa the north lot line and an ll-foot setback from the east lot line to erect apaTtments on the following property: Begin SW corner of Lot 4, Block B, Skycrest Unit B, run S 100 feet, E 100 feet, North' 100 feet, West 100 feet to P.O.B., which property is located on the east oide of Mars A~enue about 2S0 feet North of Gulf to Bay Boulevard and is zoned CG (business), it appearing, after this duly constituted 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 affecta 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 aranted 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. Youngstrom seconded the motion which carried unaniaously. ITEM '7 - The request of Diamond Isle Condominium for a special exception. ,e, Hr.' Donnell questioned the type of marina to be built and whether the Board should hear this request,as the Zoning Ordinance states the Planning and Zoning Board should submit a recommendation to the Board of Adjustment and Appeal on Zoning and this had not been done. Robert Pfeil, representing th~ applicant, quoted the processing of dock peraits as stated in tho Administrative Directive i.sued in Pebrua~y of 1975. The Chairman stated the Zoning Ordinance state. this may be peraitted a. . spicial exception in a eTP aone and and ruled that the Board would hear the request. '; " '.' 4~ 10/27/71 .' i, -. .. . ~. . ,~' . ~ I. . ... ~ ~ F .......... '. " , ,"'[' > ;.j:~.~ ~'ci.~.~~~1I _i\,,"~~~,z.'~~'l!"~ ,-.-v":::7z-.~-J~ .J!" u....-..... " of ,,> "~ ' (',' ....., ~" ' 0(' _+L -".,..'.....""..---.... 't Il , ,I .J .. 1" ",1 .~ . " '" I. . . .,~) :l\ , ' , . / .' ~ ,..... . ~ ~ ' " oj Mr. Pfeil stated this marina facility would be for the condominium owners and their guests. There vere no objections. @;'f. ., ~ .... ,.,~'\. t' Upon consideration of the appeal of Diamond Isle Condo- Minimum from the decision of the Building Official concerning . special exception to allow construction of .arina facilities for condominium and guest use on the following property: Begin SW corner of Lot 7, Unit 8, Island Eatstes of Clearwater, run SW'ly 100 feet to W'ly R/V of Island Way, N'ly along R/W 260 fe~t, SW'ly 129 feet to P.O.B., continue SW'ly 245 feet, NW'ly 275 feet, NE'ly 139 feet, NW'ly 60 feet, NE'ly 132 feet, SE'ly 200 feet, NE'ly 45 feet, SE'ly 125 feet to P.O.B., which property is located at 660 Island Way Bnd is zoned CTF (co.mer- cial/tourist facilities), it appearing, after this duly consti- tutud public hearing, that the proposed uso is consistent with the general zoning plan and with the public interest, Mr. Donnell moved to approve a Type A Facility to be constructed thereon and appeal be grftnted in accordance with the application sub.itted 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. Youngstrom seconded the motion which carried unanimously. ITEM IS - The request of Dr. John P. Barrett, Jr., for a special exception. In the interim, William L. Ward, representative, arrived. The Building Official reported this is an existing home to be converted into a doctor's office with parking provided at the rear of the building. The board asked if it was proper to hear this request 4S the Chairman had indicated earlier in the meeting that the item would be heard at the next meeting. The Chairman reported the area has been converted, mostly to doctors' offices, and is not residential; and he ruled thu request be heard. Mr. Ward stated there was a.ple room for parking in the rear. There vere no objections. <I> Upon consideration of the appeal of Dr. John P. Barrett, Jr., from the decision of the Building Official concerning a 8pecial exception to allow conversion of existing building into a doctor'. office on Lot S, Block A, Westover Subdivision, which property is located at 1266 Sheridan Avenue and is zoned RM-28 (high density multi-family), it appearing, after this '., ~~i\l{:;:~;,iii::;:;~t{\!'.:' t" ..~..., .'. S. iO/27/77 ::: :<.'~ .~ ~ . -' '...' :,.:J':.\u....1 . ,. " . .' '., ',' ", :"r" " j . ~ 'j " :'..':.'> :i;' ~,' '.. -, ;, '1..' C.f< . ~' ~ i ,c, " '" .. _..~....__.~':wi;.,~~.=-~.....~";'..t-';:'"-":; ,.~.:..,,:~ ...~ .~~:~ . :. ~... +.. ~ ... .. G ~ duly constituted public hearing, that the proposed use is consistent with the general zoning plan and with the public inteTest, Mr. Nichols 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 accord- ance ~ith said special exception shall cease after six months from this date. Mr. House seconded the motion which carried uP,animously. Unfinished Busine~ Don Brinson, representative of John Stronski. stated he was present to request an extension of a variance granted March 24, 1977 approving lot coverage of 29.4% in an RS-50 zone (Lot 14, Del Oro Heights). Mr~ Brinson reported the ap- plicant had a financial problem with property in Canada. How~ver, two days before the permit expired he received noti- fication from Hr. Stronski that everything was in order and to proceed. An additional delay was created because the gen- eral contractor was not licensed for Pinel1as County~ The Board's policy ~ussed and tbe Chairman request. on requests for extensions was dis- ruled the Board would consider the Mr. Youngstrom moved to approve an extension of 8ixty (60) days, but this approval in no way indicates a change of policy regarding extensions. Hr. Nichols seconded the motion which carried unanimously. MINUTES - The Chairman presented the minutes of the meeting of October 13, 1977. for consideration. Hearing no objections, he declared the minutes approved in accordance with copies bubmitted to each board member 1n'vriting. - There being at 4:40 p.m. Atteat: " ',' ,', ~~~i~f!~~;W;;Ux;;",.:i< ,., :,..... ) . , " 10/27/'17' 6. .,,' . ~ , . ',~ 1 \, ~ ~ ". . ,. , ~ '. ~ . '. "1 ....~', ~'I'''~ ~ l.\,:l-~.,~. , , ~; , : . . . . J' . ,t"l'" ;li9!~~a0{~"i~~i:J~=:==~___~___ ___~_.__,__......_ ','.',., I 'IS- . ' . { f ~'S'"!'" " .-T..I ......-... . ~ __loT'" r..