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08/24/1978 :' ~'/,e. . : : ~ I '. >: .,. \ ., '\ (' " , . t..J Ie .;, .............. .,". .', . l\U.."ft~~.:..:".'__.... ~..... _......lk...X."J..f....,u":.~ ~'. ...\~',..._n... 'I ji,,'ii'" &~t~ ~,. . BOARD OF ADJUSTMENT AND APPEALS ON ZONING August 24~ 1978 Members present: Edward H. Nichols, Chairman Harold J. House, Vice-Chairman Frank Donnell Wade H. Gans Frank H. Morris, Jr. Also present: @ Syd snair, Buildinq Official David Healey, Planning Official Thomas A. Bustin, city Attorney Sue Lamkin, Representing city Clerk 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 extended to David Healey the congratulations of the Board upon his appointment as Planning Director. ITEM #1 - The request of Mrs. William Reed for a variance to construct an addition to residence. . James Stansell, representative, stated the applicant wished the addition to line up with the existing structure. No one spoke in opposition. Upon consideration of the appeal of Mrs. Wm. Reed from the decision of the Building Official concerning the request for a variance to allow construction of an addition to residence with a 17 ft. front setback upon Lots 2, 2A, 3 and 3A, Manda1ay I Point, which property is located at 1104 Mandalay Avenue and is zoned RS-SO (single family), it appearing, after this duly constituted public hearing, that there are practical difficul- ties 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 i~ har- mony with the general purposes and intent of the zoning ordi- nance, Mr. House moved that such appeal be ~ranted in accordance with the application submitted therewith, w1th the provision that the right to obtain a building permit in accordance with .~:~~.<>:.~: < ;~jij;.ji6:;; ., ;.l;;' , . .!;~~~}~~.l:"':l :"T <' I {'" 1. :'.' ~'.:~- ~TL,,", ,;1",=~'{.:~. ,. ", . , 1 I . e' , I "-\ \' .'r :L~ j > I. :.:'. I J ;i::~~~:~;k,i;i2.;::::;;!J:,~~::(:.,.: ;,,:.','i' ',~'.-'~":-'~'" .... '. .-'.'.. ',~ -- ., , . ~ t; _.~/~ ~....~.,... ""- ''''' ~~.....~ :~~. ~_'\:.......~~'1:l.lIW"P\rl-'i...... ......~'1Pr.~~..~~.....~w~~~.. ~ ....w.......... I i~~~....... ......"1 "JOW'~"""""'~:~~ ~~"".:-~~tI t.l-..;..,;:-t_'"'J.'~~'~____~__"'iIIr~-=-r o ~ v ~ '& e -- . ~ . " ~ <. , , -'. " " 'J I ',\ , 'i .l .:'_.::.;~\LL ....~W_~~lI.L;~~........_.T. '0 . .......,o;.~. ~ [ . _ ... .". '0. .. /.t :;;;eoJ such variance shall cease after six (6) months from this date. Mr. Gans seconded the motion which carried unanimously. ITEM ~2 - Request of Clearwater-Largo-Dunedin Board of Realtors, Inc., for a special exception to permit a non- commercial off-street parking lot. Mr. Morris stated he is the architect for this project. (See attached conflict of interest statement incorporated herein by reference). John Dunkle, representative, stated the property is on Lady Mary Drive and would only be used to handle the occasional overflow parking. They would comply fully with the provisions of the ordinance as to landscaping, etc. In response to a question from Mr. Donnell, the City Attorney stated the Board has the power to hear this case under the ordinance and their responsibility is to ascertain the request meets the criteria set forth in Section 35.09 (8) (n). No one spoke in objection. Upon consideration of the appeal of the Clearwater-Largo- Dunedin Board of Realtors from the decision of the Building Official concerning a special exception to allow non-commercial off-street parking on Lot 14, less the east 20 ft. and all of Lots 13 and 17, Block 2, Revised Plat of Brookwood Terrace which property is located at 105 N. Fredrica and is zoned RM-12 (duplex-apartment), 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 granted in accordance with the ap- plication submitted therewith, with the provision that a plant- ing 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 Sec- tion 35.09 (8), and with the further 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. House seconded the motion. Upon the vote being taken, Messrs. Gans, House and Morris voted "Aye." Messrs. Nichols and ponJ).ell voted IINay.u As a special exception requires four af":' firmative votes, the application was denied. The applicant was advised of his right to appeal to the City Comnission within 10 days. ITEM #3 - Request of Lydia Malke for a variance to construct addition to garage. '," . c"I', 2" 8/24/78 .:. ~t..;l . :'.:; "';.:./ ;:,/.i.. '':.i.,': ~' .. , ,?~ ~. " .' ~ ,,' .', I 'c" . q' ,'.1 i I :.:,,:: I. .:.. ~:'~' '.,~:~ :j::' ',~':'''.~'''''.'.:''( . .;~L~~ ~. ~ ,. . , , ...: .'" JJ. i'.,.~ ..;.........~.:--..........,.v--";..., .. ~;.t .~~;..,. -.. .-i:..1'{,; ....._"~'i.......,,... ..........-.. .l~- "'t'..."i........... ..... ~ ''''"I'i:~-:'' 4.,..._ ......,.....v.... -';............ ';' .... : .: ,.; ': '.' ! ~ . r~h;;~) ,~,::;::,,:;:,;> ", (7\ v(jj) @", "~.". 'c~~ . j, ,. .; (, <I ~_..:+... . .... ;~""",~""'l,.~.u.~t.I~~t:t.::ol-~~~r...~h''''' _......... .......~......-. ...".~ r, r" ".L oJ'_.".. '.. 0.7 lJ.. The Chairman stated the applicant amended the application and was requesting a 22 ft. setback, which is a lesser request than advertised. Robert Malke stated they plan to increase the size of their garage to permit closing of the door and allow walk around space. Discussion ensued concerning the exact number of feet being requested. Two citizens spoke in opposition and a petition with 25 signatures was presented to the Clerk expressing opposition. to the request. Upon consideration of the appeal of Lydia Malke from the decision of the Building Official concerning the request for a vari~nce to allow a 22 ft. front building setback upon Lot 38, and west 15 ft. of Lot 37, Bayside Subdivision, which property is located at 165 Devon Drive, and is zoned RS-50 (single family), it appearing, aftar 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. Morris moved that such appeal he 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. Discussion ensued concerning the right of an applicant to appeal the decision of the Board and the Chairman advised that ci.tizens have the same right of appeal. Upon the vote being taken, Messrs. Nichols, House, Donnell and Morris voted "Aye.11 lo!r. Gans voted "Nay. 11 Motion carried. ITEM #4 - Request of Richard Whitford for a variance to construct addition to garage and residence. Richard Whitford stated he needs the variance to permit dee~ening ~f the carport to make a conventional size garage a~ well a~ provide additional living space. No c?ne spoke in oppoBi tion. UPo:~ consideration of the appeal of Richard Whitford from the decision of the Building Official concerning the request for a. va'riance ,to allow construction of addition to garage a!'l.i residence"with a 23 ft. front setback upon Lot 13, Sunny- :I'dale Subdivision, which property is located at 1105 Sunnydale , r/.. ./ . 3. 8/2~/78 , , . ,. ':. . ~ .,.. '1 ": . -....~ i,' <.. > \. <".. ">\ '0 " 'r, t ,. ", ,~."."~oI .. -.:~....., ~ ~'."" . .,_ L~ ~, . . I i.: :. , k4\C" ~.;..'~""'J.,..~..._ .....~r~~~, '.t........_ ..,~.. .....:..w..;. ...........&.rr-or rI" ."1'...,.........-.... ,..------~.....,.l'l' ..c.""_.~:' -.." . .~J~ . ,~y ... _.....- ~ .... --,... ;M"''''Y'' .' , ' ......-+................ ......... ~'!I..,..j _,~_ .. . ~ . c ., c:"\ " '( "'i~ . " ,'n' . "'. ,~: ,Vfl.<....-........;:'..'" ...,~. '-'": ..,.- ..........~!~--...:W".....\'...a , . I. + ......1 '\ , '. :' l' . c ~ . , " \ , . . tl ~.~U!II.u:tr~.s:.::~~~""'..-c..;'.:r""~~~I_~4"otoo-___.._~~~""'~ ~"".h,.;"" .' ,.~ .~ c. Three citizens who signed the petition of approval, also submitted letters in opposition and one removed his name from the list. @." ~.I" )... . ~ ~. -. ".', Further discussion ensued relating specifically to possible excessive noise, possible trend-setting if.the request is granted and overtime work necessitated by expan- sion of the business. ~ W Upon consideration of the appeal of Richard Anderson from the decision of the Building Official concerning a spe- ' cial exception to permit job shop which does precision machin- ing and designs special tooling for other businesses on part of Lots 5 and 6, Mosell Acres, which property is located 150 ft. north of Drew street on west side of Belcher Road and is zoned CG (business), it appearing, after this duly constituted public hearing, that the proposed use is not consistent with the general zoning plan and with the public interest, Mr. Gans moved that said appeal be denied. Mr. Donnell seconded the motion. Upon the vote being taken, Messrs. Gans and Donnell voted "Aye.1I The Chairman declared the application denied and advised the applicant of his right to appeai the decision to the City Commission within ten days. ITEM #6 - Request of David Frank for a special exception and variance to construct addition to existing duplex. David Frank stated they need additional living space. In answer to a question from the Board, he stated the addi- tion would not exceed the lot coverage requirements. One letter in support of the request was read into the record. I) There was no opposition. Upon consideration of the appeal of David Frank from the decision of the Building Official concerning a special excep- tion to allow construction of addition to rear of existing duplex on Lot 2, Homewaters Subdivision which property is lo- cated at 1013-15 Commodore Street and is zoned RM-28 (high density mUlti-family), it appearing, after this duly constitu- ted pUblic hearing, that the proposed use is consistent with the general zoning plan and with the public interest, Mr. . Donnell 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 accordance with said special exception shall cease after six (6) months from this date. Mr. House seconded the motion which carried unanimously. " " , '. ; . . ' . ;::~;~~,~,;/;'f;~'~'!/: ~:~:,:':.\:'..:,: . l " 5. 8/24/78. , .....:;~... '. . ... " ~, ", .\ '\ ., ...,::c......~........ .... .~. "" .- " 1'1, ~.,Jt.~ .. -~:IfIIt..j-~'n....." '~..."'r '1' . i~~~7~t;is};\i,~:;it;:/ !.;,i.:: ~ ~ ~ ~ .. c/_, . .I ~'... h ..) . :\ , . .\' . I ~ , ....._....."'.~.......'t.~~... to, ...:~ ..r' J..' ~ "."'" .\ Upon consideration of the appeal of David Frank from the decision of the Building Official concerning the request for a variance to allow a 5 ft. side setback upon Lot 2, Homewaters Subdivision, which property is located at 1013-15 Commodore Street, and is zoned RM-28 (high density multi- family), it appearing, after this duly constituted public hear- ing,' 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 obtain a building permit in accordance with such variance shall cease after six (6) months from this date. Mr. Gans seconded the motion which carried unanimously. ITEM #7 - Request of James Sofronas, et al, for a parking variance. The Planning Official expressed concern regarding a varianpe of this magnitude especially on the Beach where there is already a great deal of congestion. James Baxter, representative, stated the Traffic Engineer had advised him of the existence of the 20% reduction provi- sion in the Code and that 8 on-street parking spaces were available within 500 feet of the site. He stated there is no access from Coronado or Harnden Drive. Discussion ensued as to whether or not the second level could be raised to allow parking underneath. Mark Latham, manager of an adjoining motel, objected to the request, stating their private parking is now used by other persons and this would only increase that problem. Upon consideration of the appeal of James Sofronas, et al, from the decision of the Building Official concerning a' variance to allow 29 parking spaces upon Lots 79 and 80, Lloyd-White-skinner Subdivision, which property is located at 429-435 Gulfview Boulevard between Fifth street and Harnden Drive, and is zoned, CTF-28 (commercial tourist), it appearing, after this duly constituted public hearinq~ that there are . not such practical difficulties or unnecessarv ;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 '. , . i" , 6. 8/24/78 ':,' ',. " ~ . ~. .\ :, .i" ".' ~ ' .' ,,' ....1> <"i ': '" _\.~'i;-:."''';'l\!~.,S!lt tlL (J~ ~{r...... ~.,'''. :-r; ~"~'.;":;_:;I.'" "'.J. . \ 1~' ',<,~.~i,';:;'~ .~,.. < ~., r ~, '! r l<! ,; ~'<':;..<' :', :..':ft~;:;;r'"!~"""'~'':;' '.;.:',.. 't.,.-', "':"". > <<':,,:.;.~"~"">;~" ":"~>''''''.'' , ~. .1.'-;&:1 !....hr.h-..".f~.f. .. i~" ; ,:" :;'. . \,:". ' ", ,..' . .. . '1 ~"..' ~ ""'1{_: ~ 'r:r~~; ~"'~!'l '. ~~.... r 1 >, ' :. I, _ . <Tr ......<.~:. .;fh~:t.tf~;~r:~t~i'~~?:'/~~',~;~:~:~f.'>~'..;;;":~,~.r:':,<; "'~~":'-'~' .:...~. " '._;- '. . .' . ,j,.. · ,',; . '\~rI.,,,,",,..J'I<I:,"~I" ,,:>,,~r..!.,"-,,, .r\1". I," '. ,. .'.... ~...,....A'.f~...... . ':' . ,'. .~~ ."....-...~,(~~;!\"~';'l;j; .i.'\~.~";;~ct"',1c'~;':""":' I":'" .,"',',1 . ~:;',.- . . "I~ ' :' ". . <, ":"". . .., , ! Vr-"i~'~' .-{..,~ ., ,t'..... ".,J. n'~~f 1'......; , \ . T ,I. '. . .' )~. ('10." 'iI~. ,,~ ,:1~ ~l~r~~:,.. :. .' ;:~ .~...., ~ ~ < '~'.1:": ~. c ~ : , .,c T r ~ ..~. ~ p.....:.. . '~", . ,.' .. ". ,,.. ~ ':" ..,~. !:I','.k'-".~-""~_~~~Xl.o.....,.:\-' ~...."~",... "_.......~~:1-:................__.I....._........,.. .-"""..~..~ .,.._.............~,__.N~:''.r.~.... ...... "::'_-"_!''''~_''''''" ~ ......;,t~~~L~~! _~~- ...._..:.... ~ - ~ .... __ _ _ ~ .- ~~~ ~;;;;::!:. _~-~ -. -- ~ - ~ -- _ ..' .". .. \l..... :\ . >1;., ........\..... .......... _.".........,j,~ 11 ~""'..c- _",,'~I'" ~ '..".....,..,~ . ...... "1"' .. .,. ~ ~ . , ;. i . ~ I t....; . ,i. .. ~'" <', \: <tJ. .' " r-'..."itt!~,.. :t:-t.-,.t t.'" ___---~:~~...........~ ~ ,~,-""",,:,....... W-6i........~ ~"'........... .......~JI'..~.':I':~ DATE ON WHICH VOTE OCCURRED: ~l?c;,-r . 1976 t=RAWt::. (FIRST) 6.V~L)E:. +J . TDluphono: 44'. O!)~" IMC) (NUMDER) ~'?>IS- .-PI tJli( l 4)5 IZIP CODE) (COUNTV) IMIDDl..EI C ~f(!WAr~4C (CITVI Agency Is 0 unit of [chuck ono] : I I StatD of Florida; {><.I County. City or othor Political Subdivision Namo of ADoncy: LLEb.ta.wA-'1"1';:~OARD ~p-r(;AL5 'FD~ 'Z~~(!,. Position hold In Agoncy:~EMegr-<' PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida StatutO$ ~ 112.3143 (1976)) If you have vDted In your official capacity upon any measure In which YDU had a par5Dnal, private, or prDfosslonallntorost which Inures to your special private gain or the special privata gain of any principal by Wham you are retained, ploase disclose the nature of your Intoralt below. 1. Description of the matter upDn which you voted In your official capaclty:~LlE"AevJA'"[1;.R' .lArz.GO ~ j)U"-'EVIU ]OA1Z0 OF REALTce.fS f<E:~cJ~sr -foR IJotJ~ C:Ofy\ rv\r;.rz.IC.~ p.~KO..JG In,S', To , US~_ 'R WI ~ I 'Z.. fRof"Et2;TY 2, Description of the personal, private, or professional Interest you hava in the above matter which Inures tD your special private gain or the special prIvate gain of any principal by whom you are retained: Fez. TU.~ d..EA<Zw!.~R ~ LA~- For2.. T\.\-l c; 'f--Ro~' r AM T~E:' _Uu t\I~Pf J fJO~f2,D Of P. \<a.t I T Ec.. T REAL.TotZ.'7 .e ....." 3. Person or principal to whom the special gain described abDve willlnurc: a. 1)'<> Yourself b. I I Principal by whom YDU are retained: (NAME) PART 0 FILING INSTRUCTIONS This memorandum must be filed within fifteen 1151 days following the meeting during which the yoting cDnfllct occurred with tho persDn responsible fDr recDrding the mInutes of the meeting, whD shall [ncDrporate the memorandum in the meeting minutes. This form naed nDt be flied merely to Indicate the absence of a voting cDnflict, Florida law permits but dDcs nDt requiro you tD abstain from voting when a conflict of Interest arises; if you vote, howe~er. the confl[ct must be disclDsed pursuant to the requirements described above. '.TE. , .d~7I7It~ <. . " SIG:NATURE OF PERSON DISCLOSING ~/ IItlfottrftote'!'/ ~ ~ ~ ~.. , _.:,'"c . I :~"\~7i .NOTlCEI .UNDIlR PR.OVISIONSOF FLORIDA STATUTES ~"2.317 U9761, A FAILURE TO MAltE ANY REQUIRED DISCLOSURE CONSTITUTES ~'!':f.G"OUNDI FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMO\fAL OR SUSPENSION FROM OFFICE t.,.~...,:\;~ ~"LO~ME..T. DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED 15.000. ' ~';'jjt;i'~~~"!{r~"~:,'.i.~.:~c:~:'. :. c' : "." '" , ;C...f.!.\~.!f. ~~~." oC..I~". 1Itn7'. J..i'.'tht:.'i:..f."I!' '~',;A.'fl,. , ,'~',", J,h"'<I";'",,~ r~P. ",\ I,.... ," . .<(\.~"'_~~:~~I,':" ~~'~(~~':;ir":~",~",'~ '\...;:,"' :\ <'" J~ .' ..\ ;! ...;. :~. '.'~.',:, ;~T~'.: : ~~"'H'~.. ~ . -<.. ~ ". . 'J '" .' ...'.~'-'.;'o~ ....'-:.;.:. ,......:;,;..;:..:..... ..........~...~~~_. t~-..-.e:..t.,;.:..S'W........ "".......-" ......,...,.,.:..,,~. ~w.~~~........-,.......-......:..~......,.:... ....~-r... i-:' .'r .It . ....,................'r":.,...~!IIP"fIIo-..~ .....