08/24/1978
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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
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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.
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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
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Three citizens who signed the petition of approval, also
submitted letters in opposition and one removed his name from
the list.
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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.
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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.
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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.
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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
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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
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'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
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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.
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<. . " SIG:NATURE OF PERSON DISCLOSING
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:~"\~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. '
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