03/23/1978
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
March 23, 1978
Members' present:
Edward H. Nichols, Chairman
Harold J. House, Vice-Chairman
*Kurt E. Youngstrom
Frank Donnell
Frank H. Morris, Jr.
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Also present:
Syd Snair, Building Official
David Healey, Chief Planner
Richard Griesinger, Assistant City Attorney
*Mr. Youngstrom arrived. at 3:30 p.m.
The meeting was called to order by the Chairman at 3 p.m.
in the Commission meeting room in City Hall. He outlined the
procedures and announced the request of Sunsty1e Homes Corpor-
ation which had been continued from March 9, 1978.
CONTINUED - The request of Sunsty1e Homes corporation for
fences on side lot lines for Lots 52 through 73 inclusive,
Willow Ridge Rep1at.
This request had been continued to allow the Assistant
City Attorney to research blanket approval. He reported it is
legally within the rights of the Board of Adjustment to approve
this multiple request.
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Discussion ensued on the six months period for obtaining
a building permit. Ralph Quartetti, president of Sunstyle
Homes Corporation, stated he would not be building the fences
but was merely requesting approval for the future occupants of
Lots 52 through 73 inclusive. The Chairman stated the Board
would consider this request as separate variances for each lot
and Mr. 'Quartetti acknowledged that there were 22 separate
'variances.
Upon consideration of the appeal of Sunsty1e Homes Corpora-
tion from the decision of the Building Official concerning the
request for a variance to allow six ft. wood fence on side lot
, lines within rear setback on Lots 52 through 73 inclusive,
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Radcliffe Drive East and is zoned RS-60 (single family resi-
dential), 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 affects such pr.operty
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 fence must be
compatibly uniform with the rear fence and the building permit
must be requested within six (6) months of acquisition by the
initial owner. Mr. Morris seconded the motion which carried
unanimmously.
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ITEM #1 - The request of Family Center, Inc., for ~ 5
foot setback on the northwesterly property line in a CP
(parkway business) zone that requires a 20 foot setback.
The Building Official reported a triangular portion (ap-
proximately 65 feet in length) of the northwest corner of the
building is involved.
Bill Cotton, representative, stated they were attempting
to 'comply with the Cityls requirements and keep as many trees
as possible. Robert Levison, Architect, reviewed the site
plan.
Discussion ensued on a community impact statement which
is required for a project of this magnitude. The CIS would
evaluate the adequacy or justification of the site plan and
the parking would have been considered as well as points of
ingress and egress.
There was no one to speak in opposition.
The Chairman suggested the applicant consider a continuance
until the CIS had been completed. The applicant agreed.
Mr. Youngstrom moved to continue the request of Family
Center, Inc. to the next regularly scheduled meeting of April
13, 1978. Mr. House seconded the motion which carried unani-
mOUSly.
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Item ~2 - The request of Clifford E. Love for a 5 foot
setback in ~n RPD zone whi~h requires a 25 foot setback.
The Building Official reported on January 12, 1978, a
variance had been granted to permit construction of a carport
10 feet from property line abutting Amble Lane right-of-way.
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,The carport was erected, but apparent confusion about the prop-
erty line resulted in it being 3'811 from the property line on
the north side of the carport and 3'6" on the south side.
John Sessa, representative, stated in order to comply with
the request as advertised they would move the uprights back ap-
proximately 18 inches and eliminate 1 foot from the front of
carport.
Clifford Love, applicant, discussed a concrete wall in
existence since 1974, which is closer to the right-of-way than
the carport.
There was no one to speak in opposition.
Upon consideration of the appeal of Clifford E. Love from
the decision of the Building Official concerning the request
for a variance to allow a 5 foot setback from property line
abutting street right-of-way for carport on Lot 9, Sherwood
Gardens, which property is located at 1757 Sherwood Street and
is zoned RPD (residential planned development), 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 affects such property and that the same can be
varied in haromony with the general purposes and intent of the
zoning ordinance, Mr. House 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. Donnell seconded the motion. v'
Mr. Morris stated for the record that approval
of this request would allow this property owner a greater ad-
vantage than others in the area. Upon the vote being taken,
Messrs. Youngstrom, Morris, Donnell and Nichols voted "Nay";
Mr. House voted "Aye." Motion carried. Request was denied.
The applicant was advised he had ten (10) days to appeal
the decision to the City Commission.
ITEM #3 - The request of the Marine Corps League for a 6
foot fence in an ISP zone allowing a 30 inch fence.
James Hazell, representative, stated the fence was needed
for privacy, safety and protection against vandalism.
Three citizens spoke in support of the request.
There was no one to speak in opposition.
Upon consideration of the appeal of the Marine Corps League
from the decision of the Building Official concerning the
request for a variance to allow a'72 inch chain link fence be-
tween property line abutting right-Of-way and building setback
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line and 1 foot from sidewalk on two remaining sides of prop-
erty located on the southeast corner of Saturn Avenue and
Flagler Drive in Section 2-29-15 and is zoned IPS (institutional
semi-public), 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 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
seconded the motion which carried unanimously.
ITEM #4 - The request of Gilbert S. Rubin for a variance
to allow backing into the public right-of-way and to allow
parking l~ ft. from the right-of-way in a PS (professional
services) zone.
The Chairman stated he would deviate from the rules of
procedure and read into the record Section 33.06, Subparagraph
1, which relates to backing into a public street to obtain
egress and Section 35.09, subparagraph 3, which relates to
the dete~ination of the right of the applicant to appeal the
decision of the Building Official and a portion of Subparagraph
5 (d) which stated, "Under no circumstances shall the board
grant a variance to permit a use not generally or by special
exception permitted in the district involved, or any use ex-
pressly or by implication prohibited by the terms of this ordi-
nance."
He explained to the applicant that the board will hear
the request and if it is denied the applicant can appeal to
the City Commission and/or he has the option of withdrawing his
application. Gilbert Rubin requested to be heard.
The Building Official reported the setback from the
property line should be 5 feet. This was a platted lot for a
duplex but when the property was divided the parking went to
the other portion. Unless Dr. Rubin can meet the requirements
of the parking ordinance, he will be unable to practice his
profession.
Gilbert Rubin stated he had rehabilitated the duplex and
it was now an attractive asset to the city. He stated he was
unaware of the parking requirements and has been unable to ac-
quire an occupational license.
Four citizens spoke in support of the request and a peti-
tion with 122 signatures .'laB presented to the Clerk.
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3/23/78
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There was no one to speak in opposition.
The Planning Official brought to the attention of the board
that when the new lot was created it did not meet the criteria
for lot size in that district and the exclusion of the two-car
garage and area in front of same has a bearing on the question
of hardship.
Upon the consideration of the appeal of Dr. Gilbert S.
Rubin from the decision of the Building Official concerning the
request for a variance to allow parking that requires backing
into public right-of-way and to allow parking l~ feet from the
right-of-way to provide parking for doctor's office on the North
65 feet of Lot 20, Block J, Boulevard Heights Subdivision, which
property is located on the southeast corner of San Remo Avenue
and San Juan street and is zoned PS (professional services), 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 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 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. Donnell seconded the motion. ~
Mr. Youngstrom expressed concerns about
off-street parking. Upon the vote being taken, Messrs. Nichols,
House, Donnell and Morris voted "Aye"; Mr. Youngstrom voted
"Nay." Motion carried.
ITEM #5 - The request of Stanley E. Sandelius for a
special exception.
The Building Official reported this is a structural
alteration in an RM-28 zone which requires approval as a
special exception.
Stanley Sandel ius stated he had removed an old porch
because of its condition and planned to add a new kitchen and
bedroom as additional living area.
There was no one to speak in opposition.
Upon consideration of the appeal of Stanley E. Sande1ius
from the decision of the Building Official concerning a special
exception to allow the addition of new kitchen and bathroom,
replacing deteriorated rear porch of single family dwelling on
Lot 3, Block 11, Milton Park Subdivision, which property is lo-
cated at 911 Grand Central and is zoned RM-28 (high density
multi-family), it appearing, after this duly constituted public
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