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07/13/1978 .-...,. /'" " " . 'I ~.~ " , " ,I ,~""""".l\lI..t_.u.;.~~'~:';..."",.~... L.::..;.~_.': }\H:' .."-'c.~ '. H, aJ./3 ~ ~ BOARD OF ADJUSTMENT AND APPEAL ON ZONING July 13, 1978 Members present: Edward H. Nichols, Chairman Harold J. House, Vice-Chairman Frank Donnell Wade H. Gans Absent: Frank H. Morris, Jr. Also present: @> Syd Snair, Building Official David Healey, Chief Planner Thomas Bustin, City Attorney The meeting was called to order by the Chairman at 2:30 p.m. in the Commission meeting room in city Hall. He outlined the procedures and announced the request of Wilhelm Mai for a special exception for construction of a storage facility. The Building Official reported Traffic Engineering had no objection to the request. The Planning Official stated the area is residential in character. e John P. Laurence, representative, stated the business would be a climatically controlled storage facility. Hours of operation would be from 8 to 5 p.m. weekdays and Saturdays only. He responded to questions from Mrs. Dwain Walters. No one spoke in opposition. Upon consideration of the appeal of Wilhelm Mai from the decision of the Building Official concerning a special excep- tion to allow construction of a storage building on parts of Lots 4 and 5, P.C. Wells Subdivision, which property is located at 152B South Myrtle Avenue, and is zoned CG (business), it appearing, after this duly constituted public hearing that the proposed use is consistent with the general zoning plan and with the public interest, Mr. House moved that said appeal be granted in accordance with the application submitted therewith, ," ., .', ' :t.~}~'. ~...':.. ~:,~~'~.<. '~~.~. i~lii~;,M?1i;,:g:;!;;:.... . . ',.'~ ' ,~, 1. 7/13/7B .,' 'I , .. " ::t'::;:l..':~',,, "d.". ,'t\., '. ?:::.,,;::: ';:~~~~r::?'::l~;t~'~!l.r .. . ..., .:.::~'.~~).;l!: ,..t., ~:....i. '~1 > . ";.~';, ,"::., . " . ',. :'p->/j' ,. . :. ;', " ,1 >,', ,. .... ':"'-.' ',' " .c.'. ';~T#C~~.'~ j~:~':''''~.''' .~. .. ,'. '~ . ", -:U .'.. . ,...""....~ T...."" w'''''...'.................!I''''.............lII-:J:-..,,~-!"Ii;:.''''''L''t.jt..,........................,..'...'\.....;........ ......-............I....__~~................~.-..~...::~~~~............-_~ ~""S ,.,....:...:. ~ .h.... :1'..~c~'.....,......: .............:_ '. . _ ,. ....... _ ~. ~ _~c. I '" '1. ':~j.. ., .'." " \ '. ~" .. , ,I' qL .1", i,:, . ., . . '.,;,:~ <"', ;:":, <;: . . I '~~~~.'+"'1~f":;.""~.~:.;::.~.~...w.:.\.:.;.l:~ I...............~. ' , ....~......,lot.., , ..... .' . _ :.....-._...:ar:-:l:o.J:"".....:.::..:...::.: l; .;'.... -4 "'::L.'" R'I~ with the provision that the right to obtain a building permit in accordance with said special exception shall cease after six (6) months from this date. Mr. Gans seconded the motion which carried unanimously. @"'f," " '.~ ~:. ,~'~ ITEM R2 - The Request of Richard Freizlinger for a Fence Variance. The Planning Official suggested a lesser variance be con- sidered. .0 ~ Richard P. Freizlinger, stated a 30-inch fence would not provide protection for his daughter. No one spoke"in opposition. Upon consideration of the appeal of Richard Freizlinger from the decision of the Building Official concerning the re- quest for a variance to allow erection of a 4-foot chain link fence on Lot 1, Unnumbered Block, Sall's Lake Park unit B, which property is located at 2961 st. John Drive and is zoned RM-12 (duplex-apartment), it appearing, after this duly con- stituted 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 ~ranted in accordance with the application:submitted therewith with the provision that the fence on the rear of the lot be set back on the interior of /the existing hedge line and that the side fences terminate and abut to the rear~ the residential structure, with the further provision that the right to obtain a building permit in accordance with such variance shall cease after six (6) months from this date. Mr. Gans seconded the motion which car- ried unanimously. ITEM #3 - The Request of Roland Bandlow for a Special Exception to construct addition to residence. The Planning Official reported the area Routh of Shelley Street is residential. ED Mrs. Roland Bandlow reported a need for more living space for the family. No one spoke in opposition. Upon consideration of the appeal of Roland Bandlow'from the decision of the Building Official conerning a special exception to allow construction of addition to residence on Lot 605, GUlf-to-Bay Estates unit 3 which property is located at 2325 Shelley Street and is zoned CG (business), it appearing, . \~ . ii,;1Xi?h;;,;';' .','., 7/13/78 ,t" . : C .;' "', ":... .':dL.+' '~s;:::.~... ", n ....,.....~ Ll.t..-...t,~ P , ,\ , : " , ,n' .....*\i;,... ;" ....~'44 , .,..,.~. . '~ ..rf. ....t .... Jk 4 ~ It":;" .;;r~~"'" - ....,..: i-t."", -- '~-liIJrt.....,.,..... ~.......' t..........-v._....., ~~~..........,~~~t. ,n.....~.........:"""-r "\.;c: I . \ . ". ,.... l~ ~,..... _.. _I ...... ~' rJ . \ ~ . 1L a..... -.: ~ ~c~~r.............. ~..-or..... .~-.-... ..,._.....~....oc;.f'1,'~~~~ . .;T ". ,~.~~:~\.., ~, .. - ,~ . ~, ..."........... ~......&iI~+~.~~"1".,. '.~ .........~..,-~~.~ OJIIIIII'."""""""'.:4.,t"~'tl..-....:.-rol<. @,.." .,... 'A ~ . @ - ," , " ' , ~\.. \ ' '. . ;" '..) . I ., .1 (9,30 Dorothy Eppelein explained a need for additional living area. A letter of approval was read into the record. spoke in opposition. Upon consideration of the appeal of Dorothy Eppelien from the decision of the Building Official concerning a special exception to allow construction of addition to existing building on Lot 18, Block 3, Overbrook Subdivision, which prop- erty is located at 1356 Park Street and is zoned CG (business), it appearing, after this duly constituted public hearing, that the proposed use is consistent with the general zoning plan and with the public interest, Mr. House movpd that said appeal be granted in accordance with the application submitted therewith, with the provision that the right to obtain a building permit in accordance with said special exception shall cease after 'six (6) months from this date. Mr. Gans seconded the motion which carried unanimously. No one The applicant stated the reason for a setback variance from the front of the property was duo to a driveway and a commercial building on the lot. No one spoke in opposition. Upon consideration of tho appoal of Dorothy Eppelein from the decision of the Building Official concerning 14.3 foot set- back from front property line upon Lot lB, Block 3, Overbrook Subdivision which property is located at 1356 Park street and is zoned, CG (business), it appearing after this duly constituted public hearing, that there aro not ouch practical difficulties or unnecessary hardships in tho 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. Donnell moved that such appeal be ~~niod. Mr. Gans seconded the motion. Upon the vote being taken, f.loBsrs. Donnell and Gans voted "Aye"; Messrs. Nichols and House voted "Nay." Motion f~iled to carry 3 affirmative votes. The applicant was advised of her right to appeal the decision to the City Commission within ten (10) days. ITEM *7 - Request of M. Newell et al for a Parking Variance. The Planning Official roported the City Commission had ap- proved the site plan for this project on June 15, 1978, subject to approval of a parking varillnce by the Board. " ~)i~i~':&l;,;i;,;;YP<,~;,; 5. I' 7/13/7 B, ,"" . . . ~, '1! .:'. '.~lr. i.. '., ".;' ~ "".4~,.~."'.1)~ .....~.~.... . L'~ ,: ~~" ..:. ." '::' ,::.,' ;~. '.',' J' .'. :. .~.o..;\ :. ':~~; , .v . ...... ~*"",,-;;.,-r J'''l........~T..~~..........~..-<'_"''':''~..,.~......~,..,~''.o:-:{'!'''''l\ ~..._.,l'..... _--..H:;.'~~~"'.-- @ ~ ~ - ~.'~: f -:'. .,' fi?:~:;i;~':(:):;< :> " william Johnson, Attorney, explained the request repre- sents approximately 7% less parking space than is required. He stated a compromise agreement had been reached to meet fire marshall requirements and help solve the parking problem. Any further reduction in leaseable space would jepoardize the sucess of the project. No one spoke in opposition. Upon consideration of the appeal of M. Newell et al from the decision of the Building Official concerning 2.8 square feet per parking space per 1.0 square feet of building, upon part of Lot 2, Blackburn subdivision, which property is located on the north side of Sunset Point Road, west of U.S. 19, zoned CP (commer- cial parkway), 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. Gans moved that such appeal be denied. Mr. House seconded the motion. Upon the vote being taken, Messrs. Gans and House voted "AyeU; Messrs. Donnell and Nichols voted UNay.1t Motion failed to carry 3 affirmative votes. The applicant was advised of his right to appeal to the City Commission within ten (10) days. ITEM #8 - Request of Joseph Varde for setback Variance. Joseph Varde stated he needed the variance in order to preserve a 52-inch oak tree located on the property. No one spoke in opposition. Upon consideration of the appeal of Joseph Varde from the decision of the Building Official concerning the request for a variance to allow a 25-foot setback from front property line on Lots 348 through 351, Del Oro Groves, which property is located on the south side of San Pedro Street west of Bayshore Boulevard and is zoned RS-100 (single family), 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 grunted in accordance with the application submitted therewith, with the provision that the right to obtain a build- ing permit in accordance with such variance shall cease .after six (6) months from this date. Mr. .Donnell seconded the motion which carried unanimously. , , 6. 7/13/78 . > "'. .' I ; ,ci'.' I' '.' ' .,.. . cOBB c ,!,J . : . .. f~,t.iI.'........ '"JI'II ,.......~:..; .~ ..:. .~,~ . ...... 1................. .~ "'~ ........~'r... J' ....' 'f~........-;.-. .j; .J...~;..~......... ....r-'f"9'IIII._....,.~.:J,.~ ~.:' _...~'i--~:~.,......:..>......,. )' , ,. . ': ~ " ..,.1 ~;;'~;i;\'i:!>:~:i'.~ .. Q\,,,:, W 0./, ~ - , ; ,', . ,;11' ,t . " .".1 . .._.......~J' " "" I' ~, ITEM #9 - Request of Karl Weg for a Fence Variance on Drew Street and on Jefferson Street. The Building Official reported a building permit had recently been issued for 4 additional units. Discussion ensued on need for a 6-foot high fence. Karl Weg amended his application to read a 5-foot high fence. No one spoke in opposition. Upon consideration of the appeal of Karl Weg from the decision of the Building Official concerning the request for a variance to allow a 5-foot high fence on Lot 2, Padgett's Estate Subdivision which property is located at SE corner of Drew Street and N. Jefferson Avenue and is zoned RM-28 (high density multi-family), it appearing, after this duly constituted public hearing, that there are practical difficulties or unneceasary 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 with the provision that the fence (wall) be restricted to the Drew street lateral for a distance of 75 feet from the east property line and the fence (wall) be landscaped with plantings approved by the Building Department as required in Section 33.09 (4) (b) of the Zoning Ordinance and with the further provision that the right to obtain a building permit in accordance with such variance shall cease after six (6) months from this date. The motion was seconded by Mr. House. Upon the vote being taken, Messrs. House, Donnell and Nichols voted "Aye"; Mr. Gans voted "Nay." The request was granted for Drew only and the applicant was advised of his right to appeal to the City commission within ten (10) days for the Jefferson street fence (wall). ITEM #10 - Request of Lakeside Community Chapel for a Variance on Lot Coverage. The Building Official reported an addition to the home had been constructed in 1976. Reverend Donald Ralston, Pastor of Lakeside Community Chapel, stated he needed additional living area for his growing family. A petition with 17 signatures in support and one letter of opposition were re~d into the record by the Clerk. , Upon consideration of the appeal of Lakeside Community Chapel from the decision of the Building Official concerning the request, for a variance to allow construction of an addition to existing parsonage with lot coverage of 35.5% on Lot 169, 7. 7/13/78 , d ~1',,'T < .'. J!"F, ~~;.i"'~y ~...,~'+t"'t;',. f./} c:\(' 2 >. " ;;)3'1 , " . '\c " ::: ~........I :\ ..""",, ,b, , . '.c.j,J,. , _ .....~.~..~~,'!"J:t\....._. ~""""J->~.;:~............t ..,,~. ........~ Un ,€ ' , 1-o>io.o-....._~-IN..,..... '...... ............ .,....~ >j' ..... .Il!~""'~-" ~ ...........~.. ~':::;'Wr""'" " " -; I' 'J ' . +..........-.~.Ij...............~":.'(X.L.";..:.;.,t. 'IL... '~:4 ",,+ ,',. ~~........ ~_.... " ex B(P GJ\ @ Blackshire Estates, which property is located at 1736 Greenlea Drive and is zoned RS-SO (single family), it appearing, after this d~ly 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 ordi- nance, Mr. House moved that such appeal be lranted i.n accordance with the application submitted therewith, w th 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. Upon the vote being taken, Messrs. House, Donnell and Nichols voted IIAyell~ and Mr. Gans voted II Nay. It Motion carr ied . . MINUTES - The Chairman presented the minutes of the meeting of June 22, 1978, for consideration. Hearing no ob- jection, he declared the minutes approved in accordance with copies submitted to each board member in writing. The Planning Official suggested Mr. Weg be advised of the possibility of losing the variance granted today were he to appeal to the City commission. . ~ ~ OLD BUSINESS - Mr. House moved to delete the requirement from the Rules of Procedure of the Board of Adjustment and Appeal on ZQning that a verbatim transcript be prepared by the City Clerk on each appeal to the City Commission. Mr. Donnell seconded the motion which carried unanimously. NEW BUSINESS - The chairman reported the following pro- vision which had received the Planning Department's approval can be included in any motion to grant a fence: "--with the pro- vision that said fence be set back n~t less than three feet from the property line, and with the further provision that a planting plan be submitted for Building Department approval. Building Department approval to be consistent with, but not limited by the criteria set forth in section 33.09 of the Zoning Ordinance, with particular attention to Paragraph (4) (b) . /I at There being 5:20 p.,f!\. . j I no further business, the meeting was adjourned LL~f~z:e;a Chairman ~ . 'I . " " ~~:;'~"b~' !;J · '(JII' . ,~~)Lv~ City; Clerk as ..Secretary i" I..... \ . ~. . ~ I, . ..;~, f~ . ~!' ~ r . . ~f ~,,'" , '". 'l," .r... } i'/ ,,,/r,..., " .. .:,'/' 1/;;"" li~iI~;;':~:t D, ~.,":.: :'::',',:. //11 i ~~:r't;l~.~~,~~f\~,;',<:~:.iJt.~;,~:\~f. :'~";.1 ,'. ' ,~' u~\'J..~'.r.:~&.....~-=: ~...h-.'1'\"'+~.'" \, ." "t ',\?":~'pJr \~ Ifl,~ 1"'"'.." r.f~~\"r~"'fI:'I,..~".~;':;d l " .: . ~ ..~~.,..:,.}.,.). ;:J-I f /;:' , '1 ,":' ( .~f1t .~:: ~ :"i~/~:'~~;; o to the Board ~ . h ' :" ,< B. 7 /13i,'B . ,;.:',' :': /:;:~\.d' I~,~t,<" ," .lOD ,[ ./', ......f'+04;r II':..:'"""......" :.. , ,. ~ 'I.' '. =:' I.' . :'i.<, ", . ~{".. ,- , ,.'4i c.-..; -( .... .......- ~.t 'j'. . 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