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07/27/1978 '~~~,~~~~- . :~:r;~..~ll~-:':;"';o-~"R~~.~}~,~Yi:~"I" :,~i[F\~7' ~-~:r ,,',"..' .,...;. . .t; ,'.. "';,,_ .~r ..~c " ~i:.~'~ ..,.c '..~,~.~":.;~" ,\-: I:. ,,::.'. J.~.'.. .~'~I :~:':~J;;.:>; of:,' @ BOARD OF ADJUSTMENT AND APPEAL ON ZONING July 27, 1978 Members present: Edward H. Nichols, Chairman Harold J. House, Vice-Chairman Wade H. Gans Frank H. Morris, Jr. Absent: Frank Donnell I) Also present: Syd Snair, Building Official David Healey, Chief Planner Frank Kowalski, Chief Assistant city Attorney ~ The meeting was called to order by the Chairman at 3:30 p.m. in the commission meeting room in City Hall. He outlined the procedures and announced the request of Martha J. Schofield for a variance to erect a fence and acceptance of an existing above-ground pool. (Continued from June 22, 1978). The Building Official responded to questions from the Board on above-ground pools and Martha Schofield stated there was no other location on her property where a pool of this size would fit. Charlie Jones spoke in support of the request. e No one spoke in opposition. Upon consideration of the appeal of Martha J. Schofield from the decision of the Building Official concerning the re- quest for a variance to allow erection of a 6-foot chain link fence in building setback area and acceptance of an existing 24-foot above ground pool on Lot 3, Skycrest Greens 2nd Addition, which property is located at 1740 Scott Street and is zoned RM-12 (duplex-apartment) ',' it appearing, after this duly consti- tuted 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 sarne can be varied in harmony with I' j;li,ii;::t:,j:.:;,~!;:.%i,\;~;t. .:; " . ','; ....?i,... :.... :,. .... . .\ , 1. 7/27/78' . ".... '~',' < ., ~ 1 . /~ < '. ir+~.~~ :~\i',", . J, r' ~ . I,,' to' c, :T, !' . j , ,. , , __~ . .......-..io:.'..~ .;.... .'.., _ - .,...... \ '" I. . \ . R\ '0 ~ \:;:;I - . ,I ...... ,J ~ n. , ,", If~' :", ',- . . " . " . I , ........--... . . J' f. :;'1: .:.~ . ~ ~ \. > , . ~ '. . . (. '\. I. , ~ _....,:L~~.~~..~.:,\.....~..!.:'I.~-:..~..... q~........_.....'''''~'''' _ ..]..').v~:.l..'~...I::';:1i. " /_ ,.:~~_ '~." -jW "'" . ....... _...... _'.. .....'-o~... ''';....-....1> ~ d:/t/7 the general purposes and intent of the zoning ordinance, Mr. Gans 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 vari- ance shall cease after six (6) months from this date. Mr. Morris seconded the motion which carried unanimously. ITEM #2 - Request of Harley Evans, Jr. for a Setback Variance. The Planning Official expressed concern over lot coverage and removal of the current buffer on the south property line. Harley Evans, Jr., stated the variance will allowaddi- tional offstreet parking and provide back around space. He will plant shrubbery along the south side of the enclosed building. Gerald Gomez, designer, stated all available space was needed and the laundry rooms would have to be eliminated if the variance is not granted. A letter of opposition was read into the record. Mr. Evans stated the previous owner had not planned properly to allow for the additional permitted units and this is the only way it can be accomplished with the existing buildings. Upon consideration of the appeal of Harley Evans, Jr. from the decision of the Building Official concerning construction of a building with a 5-foot setback from south property line on Lot 5, Island Estates Unit 2, which property is located at 137-143 Island Way and is zoned CTF (commercial tourist) , it appearing, after this duly constituted public hearing, that there are'not such practical difficulties or unnecessary hard- ships in the way of carrying out the strict letter of the pro- visions 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. House moved that such appeal be denied. Mr. Gans seconded the motion which carried unanimously. The applicant was advised of his right to appeal to the City Commission within ten days. ITEM *3 - Request of Evan Hamm, Sr. for a special Exception to Permit Automotive Service (Radiator Repair). The Building Official stated the Fire Marshal had in- spected the site and approved the use. Evan Hamm, Sr. stated he planned a one-man operation, from 8 a.m. ,.to 5 p.m., 6 days a week (Monday through Saturday) and ,. there would be., no request for tree removal. '., ~;~i:;!:~,~\i~:}~:::I~:' ...; ,.:, ~ .::' .' ,; .' ~. .. \ \ ,. . ,.1 2. 7/27/78' ':: \ .'. ,r ... . .: ,J.. ,\ ".?' .,:.~\~,.L ...\ , '"' . '1'> " -Y.' ,'I: ' ..' ........-...)1 .........~..w .~~ .... .....~... , ..,,' ,.'..... ~, . :........ ~.~~"fI,........~.I.... ~ -:--" :" oI.-....-:~~~-...~~..4..",...".".. ..w;,. ~"2. c."'-_" ~:.' G v ~ '-W - '. , ......... I ." I . .i . . -,~ ./ ~...~~. ;. .~;.~ _._.~,~~":,~,,'~+~.~~~:,r.:."',,,,,,,,,, t,'-'-~'_h 'o..i..' , ..,"., J. . _ . . A petition in support, bearing 4 signatures, and a tele- gram in opposition were read into the record. Upon consideration of the appeal of Evan Hamm, Sr., from the decision of the Building Official concerning a special ex- ception to allow an automotive service (radiator repair) on Lot 4, (less W 3 feet), Oak Haven Subdivision, which property is located at 1594 South Myrtle Avenue and is zoned CG (busi- ness), 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. Gans moved that said appeal be 9ranted in accordance with the application submitted therewith with the provision that the right to obtain a use permit in accordance with said special exception shall cease after six (6) months from this date. Mr. HoUse seconded the motion which carried unanimOUSly. ITEM #4 - Request of Isle of Sand Key Condominium Associa- tion, Inc. for Special Exception to Construct Addition to Existing Docks. This item was withdrawn. ITEM #5 - Request of Robert E. McGuire for a Fence Variance. Robert E. McGuire stated the fence was required for privacy on his double frontage lot. Discussion ensued concerning a 6-foot fence as opposed to the 5-foot fence requested. The Board was advised by the Chief Assistant city Attorney that a variance greater than the one advertised could not be granted without.readvertising. No one spoke in opposition. Upon consideration of the appeal of Robert E. McGuire from the decision of the Building Official concerning the request for a variance to allow a 5-foot fence on Lot 3, Block F, Northwood Estates Tract C, which property is located at 2636 Brandywine Drive and is zoned RS-60 (single family), it appearing after this duly constituted public hearing, that there are practical diffi- culties 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. ,Gans moved that such appeal be granted in accordance with the application submitted therewith, with the provision that said fence be set back not less than 3 feet from the . " Jl;;.,',<i.:~~:,...';~:.~:,:::<:.'.\.::;:~';i':::' L~ '. :.; . " f ~Il. ", ' J '3.~ . 7/27/78 I, 't; . I ;;..\~,: l' . I .~ : " ",I >. i ~ .-\..' "ci, , -.: ........'-If~:"".~ - ;:"..,.....,... ,\ \ . :~;; ..; . ' . @,... .',,'.. ~ I :." ~ \0 - ',"r -~. .; , ...; . ( . .... ,.I i.. . 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) and with the fur- ther provision that the right to obtain a building permit in accordance with such variance shall cease after six (6) months from this date. Mr. Morris seconded the motion which carried unanimously. ITEM #6 - The Request of the City of Clearwater for a Fence Variance. The Planning Official expressed concern for the residential property on the south side of the fence. Cecil Henderson, Assistant Director of Public Works, ex- plained this is a water storage facility and it is necessary to have a 7-foot fence in view of past experience of vandalism and that during construction the dome of the storage tanks had been used as a skateboard arena. In response to questions concerning the south property line, Mr. Henderson stated a hedge would be planted inside the fence to temper the view and stated the fence is only 1 foot from the property line instead of 5 feet. Evelyn Hamilton, an adjacent property owner, spoke in opposi- tion to the request citing a drainage problem, appearance of the fence, and the fact that a large pillar which is already in place is not pleasant to look at. Mr. Henderson stated the drainage problem would be addressed and there would be some type of decorative weaving in the fence, low plantings on the outside of the fence and perhaps a few trees. He also stated the fence would run the full width of her property. Upon consideration of the appeal of the City of Clearwater from the decision of the Building Official concerning the request for a variance to allow erection of a 7-foot fence on P.O.B. Northeast corner, SW~ 29-28-16 run S 250 feet, W 591.87, N 249.99, E 593.59 feet to P.D.B., which property is located at 2775 S.R. 580, 600 feet E of Countryside Boulevard and is zoned P (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. Gans moved that such appeal be granted in ; :' : ::-=-~': ~t~k~:: ?:~~~:;.~>:(>.;'::: . 4. 7/27/7 B . .] . ) ~ i,\ I ,: j..,:.,': ~~~ '~., '.~" ':~"/'''''t.. '<.. /~'.. . '~.,,~~':. .~. 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