12/08/1977
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which property is located at 2807 westchester Drive North
and is zoned RS-75 (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 ordi-
nance, Mr. Nichols moved that such appeal be granted in accord-
ance 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 unanimously.
'ITEM #2 The request of Henry J. Booher for a special
exception to permit storage of equipment.
David Healey, Chief Planner, presented an illustration of
the new zoning recommendation for the area.
Anthony Billitteri stated he was ~he owner of the property
and Mr. Booher had withdrawn his purchase contract. No action
was taken.
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ITEM #3 - The request of U.S. Home Corporation, Condo
Division, for a variance to erect a 6 to 8 foot wall at the
entrance to the project with a 1 foot setback from Hercules
Avenue.
Jack BOdziak, representative of U.S. Home, presented a
sketch of the fence and stated the project was approved in 1973.
The foundations were built, but due to the economy, nothing fur-
ther was done. The density has been reduced from 164 units to
111 and they have given 35 feet toward the widening of Hercules
Avenue. The Clearwater Executive Airport is located across the
street and a privacy wall or fence will enhance the property
and serve as a noise buffer. Mr. Bodziak responded to questions
from Mrs. R. F. Russell and Mrs. Michael Cappagli, who live in
the Skycrest Terrace Subdivision located just south of the,pro-
ject on Marilyn street.
The Board suggested two panels of the fence on each side
of the gate be set back two feet and the balance of the fence
be set back five feet. Mr. ~odziak agreed to amend his appli-
cation.
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There were no objections.
Upon consideration of the appeal of U.S. Home Corporation,
Condo Division, from the decision of the Building Official con-
cerning the request for a variance to erect a 6-foot wall andS-foot
at entrance with a 2 foot setback from Hercules Avenue, on Lot
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ensueQ on a 'sidewalk being constructed on Landmark Drive and
the property owners' responsibility for mowing the lawn on
each side of the sidewalk outside of the fence. A number of
requests have come to the Board for variances for fences in
this neighborhood and David Healey stated the ordinance could
require the developer to provide for an access reservation and
a fence at the time of subdivision approval.
Richard Davis, representative, stated the Duda's would
erect a fence similar to the one next door.
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There were no objections.
Upon consideration of the appeal of Michael Duda from the
decision of the Building Official concerning the request for a
variance to allow a 6 foot fence at the rear of Lot 14, Block
F, Northwood Estates Tract c, facing Landmark Drive, instead
of a 30-inch fence which would be per:mitted on the property
which is located at 2529 Brandywine Drive and is zoned RS-60
(single family), it appearing, after this duly constituted
public hearing, that there are practical difficulties or un-
necessary 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 sarne can be varied in har:mony with
the general purposes and intent of the zoning ordinance, Mr.
House moved that such appeal be ~ranted in accordance with
the application submitted therew1th, 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 unanimously.
ITEM #7 - The request of Albert Knueven for a variance to
allow a 5-foot setback from the rear lot line and a 9-foot
setback from the north (side) lot line to erect an addition to
existing apartment.
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Robert Nissley, representative, stated there are presently
two buildings on Lot 10. The proposed addition to one of the
buildings will allow improvement of existing land without ex-
ceeding zoning density limitations. There are two apartments
~n the building but one is too small to provide decent living
conditions and will be extended. The present building is
constructed 5 feet from the rear property line. The zoning
ordinance requires a 10-foot setback for both side and rear
in a CTF zone. The present buildings are approximately 20
years old and confor:med to the zoning at that time.
There were no objections.
Upon consideration of the appeal of Albert B. Knueven
from the decision of the Building Official concerning a vari-
ance 'to allow a 5-foot setback from the rear lot line
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12/8/77'
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and a 9-foot setback from the north (side) lot line 'on Lot 10,
columbia Sub. #4, to erect an addition to existing apartment
located at 410 Hamden Drive, and zoned CTF (commercial/tourist
facility) it appearing, after this duly constituted public
hearing, that there are not such practical difficulties or un-
necessary 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, Mr. Nichols moved
that such appeal be denied. Mr. House seconded the motion.
Upon the vote being taken, Messrs. Donnell, Nichols:and House
voted "Aye" ~ Messrs. Batstone and Youngstrom voted "Nay."
Motion carried.
The applicant was advised of his right to appeal to the
Commission within 10 days.
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MINUTES - The Chairman presented the minutes of the meeting
of November 10, 1977, for consideration. Hearing no objections,
he declared the minutes approved in accordance with copies
submitted to each board member in writing.
The Chairman reported Ordinance #1729, passed and adopted
November 17, 1977, provides that members of a board may resign
at any time. However, resignations are required from candidates
~r elective office. All resignations shall be in effect for a
period of one year and during that period, resignees will not
be eligible for appointment to the same board or committee.
The Chairman commended Mr. Healey for his memorandum of
background material for the agenda items. He requested all
pros and cons of each situation be divulged but that no rec-
ommendations be made. The memor.andum of background information
will not change the procedure used in the City Clerk's Office
to advertise the requests.
Discussion ensued about the Planning Department being in-
volved in the appeal process. All appeals are the result of
deni.a1s by the Building Director. Rick Griesinger, Assistant
City Attorney, stated the Board can establish policy procedure
.to receive information and input from the Planning Department
if they so desire. The Chairman stated he would like to con-
tinue the memorandum from the Planning Department for the time
being and evaluate at a later date. Consensus of the Board was
that it was good input information for'them.
, . ,l-1r. Youngstrom requested the Planning Department research
the'lot coverage problem and establish an equitable percentage.
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The Board acknowledged receipt of a letter from U.S. Home
, Gorporation requesting withdrawal of their ~equest for a 25-foot
~;;~,;>.v,',v;ria~ce on their Imperial Cove site plan.
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The variance is no
has been submitted to the Planning Department
normal 50 foot setback requirement. The Board requested a
be made ,to the minutes of the November 10, 1977, meeting in
which they had approved.the variance contingent upon approval
.. of the site plan by the Planning and Zoning Board and the Com-
mission.
longer necessary as a
revised site
and conforms
plan
to the
notation
t.:
The next meeting will be January 12,. 1978, at 3 p.m.
.There being no further business,
at 5 p.m.
the meeting was adjuourned
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