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09/14/1978 Upon consideration of the appeal of Celia Schwartz (Bay' Auto and Marine Repair service, Inc.) from the decision of the Building Qfficial concerning a special exception to allow opera- tion of an auto and marine repair shop on Lot 12, less street, SW sectionf A.H. Duncan Subdivision, which property is located atl448~ s~ Missouri 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 iriterest, Mr. House' moved that said appeal be granted . ,'....', \, ,in- accordance with the application submitted therewith, with . ;.r> :,:/?:.:;,\:;;,.:.,;: ~~~:P~?ViBion that"all, ,ope~ations be conducted in an enclosed u):r':i:.~j."{i..f'~.:~'~~;>~/~'.'::"~;.';: ~.~.. .....;.....' .':, {f,ii,l" '~\~}f.i\'.:,.:';~t;"'I;f;':'I"::I\' ,;: ;;', ", , ': ["-"1. ': l <I; .,,~"f;il~t ~~,!,,:"'I ,,;./f" :,'~ .,..: ~ <...::.., -..:" :;....., .. . ;....; "."}.' .CD ." l-. ,,,...'. ~ ~ ,Q ~ '8 ~':'- .... ". I; I' '1; .... ;', i' j .. , . , .1 ,. .:........ .,': < ",." .::" ". t ' ~:L'Ar~}lWo'_... , ...._~...._....;..r.JoM......;t....':I.:,~~..,~ ,1:.., . ~"_.,,, ,. BOARD OF ADJUSTMENT AND APPEAL ON ZONING September 14, 1978 Members present: Edward H. Nichols, Chairman Harold J. House, Vice-Chairman Frank Donnell Frank H. Morris, Jr. Absent: Wade H. Gans Also present: Syd Snair, Building 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 3:00 p.m. in the Commission meeting room in city Hall. He outlined the procedures and announced the request of Celia Schwartz (Bay Auto and Marine Repair Service Inc.) for a special excep- tion to operate an automobile repair shop. The Planning Official expressed concern because there did not appear to be direct frontage on the street. John Wagstaff, representing Bay Auto, the lessee, stated the frontage is quite large on this property and there is ade- quate ingress and egress. He further stated the client, Bay Auto, had leased the property without knowledge that a special exception would be needed for this usage. The repair business would be limited primarily to boat engi.nes, rather than auto repair, the engines being brought into the Shop, not the boats. Celia Schwartz, owner of the property, spoke in support. One letter of opposition was read into the record and in. response, Mrs. Schwartz stated she is in the process of ac- quiring Lot 11, which will be used as a buffer zone. , , 9/14/78 \" .i i :' ,." . ,:,:,'_L,:~, -, :", "h';',~;},\" ~'\:,;P:;;':;>::;:'.':':.' ,~:,' :.\;i~.~.~~\ , ) \' , ' " ,I' , -,.. ~ 'I( "L" .' f ".' \., ":",,. " ;: >,~,'>:>j/~.\,"':r ..; , " ' '::i)"" ';',': , - "'__r-i''''''' . 't.-. , k .J'....-'~ ...,......;....'.'" . .........r.v..t. ~"!"" "t !"'l-:rA..........'~......L~ :..-..1.~..~~ :-..,-. ....~.~.....~-..:-f:.";~,w-... .' . ~ ,.' ..1,. . " . " I.,', . , . . , , ... ,...: .:..-,.-..-~....~~I.ol~'-;;:';._o.t_..~, ...~. ~~~ ,0; , ~ 'u ...j. " /\ <2> Jim Walker, general contractor, stated the variance is needed to square the existing residence which is shaped like an hourglass. He conceded there was an error in his figures, but will stay within the limits as advertised. ,He sublnitted ten letters in support of the request to the Clerk which were read into the record. @ No one spoke in opposition. Upon consideration of the appeal of Sarah Guthrie from the decision of the Building Official concerning the request for a variance to allow lot coverage of, 36.62% upon Lot 7, Block 69, Mandalay subdivision.which property is located at 1002 Eldorado Avenue and is zoned RS-50 (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. Donnell moved that such appeal be granted 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. House seconded the motion which carried unanimously. ~ ~ - ITEM #4 - Request of Mary Saporito for a special exception to operate an automobile repair shop. The Planning Official stated their concern would be with the manner in which this business would be operated due to its proximity to a residential area. Joseph Serafini stated he is th~ lessee and would be the single employee of the business, operating 110nday thr.ough Fri- day. All repair work will be done inside the building'. Carmeline Tambarello, daughter of the owner, spoke in support. Several citizens spoke in opposition to the request and two letters of oposition were read into ,the record., Upon consideration of the appeal of Mary Saporito from the decision of the Building'Official concerninq a special exception to allow operation of an automotive repair shop on I~ts4 and 5, Block 34, Magnolia Park Subdivision, which property is located at 1007 S. Ft. Harrison Avenue and is zoned CG (business), it appearing, after this duly consti- tuted public hearing, that, the proposed use is not consistent with the general zoning plan and with the;public interest, Mr. (I) ,.: . I' ~;i.i;t~{;;,~~\< ),' I,;, '. \ ; '. ".. " " 3. 9/14/78 :\ , ~ i " . /,':""'(;;'" 'I ,t .':~' t . 1-":: ;.~'/. ":'-~<,: :';.l~ i:, . ~ ( , ,;' 'I . ,. ,', . ' ' ,.... .Jt~,,- ~ ......~ ...tJ.r ;r,.i-"-1r'~.... .';"~:.l" ".: ~'.--..,.......ul............... '~:".: ..... .... .;,~-!)tW:., 'i, ,'_! ~~.. ..,...,....1.... .....j. "'1~.... Q, "'_ 'r ...... ~o ' ~'. ..;...,~.....'u...,..,.-.':'........: 'l"'vwo.....' ~;i;;(i;!r\i~i;x;';;:'/'::\~>Ii!' '. ., 4. ~'~ ~-I ':'i~!~~~~~~~~~~~~~...,.~,,:,p~I~J"'~I- ~,~~~~~~,rr,/.:,,\,:,>;~,!!,,::,c.,'~~:.~,;,~.I;,.~,~~.~1W,.w,,',i;,tf;~~f:{1;;3:;::::O;(;':("::<":? ,'. '." ' '.' ~..... ~"-; J\{ It f' ... T , ., ': ,.,.,,:n,,_~.... .'1'\..... .~....lr" ,- fl,i 'l~".~j'" l:'\.'i.' ."... '~~',: ~ ,I", ,.:.. (., l~ ;1,... ,'~. r J':,:e:~J:):~::, ~:;.Y ;:" \~::." :-::' ~~..<, :".., ' r -, ..~"'."'-.'to...,.;i A V 0:- ~ @>J'~ "111.1\\. '.I'i 8 " . ./,' I .,; I ,'. . ~ > \: . :-~ .:. [I: ,.' . ~,'. .. ',' \ ' )/'. t.T.: . _......-'C-.....~~-4......Pi\a."t..Q.:...v~ ~I"'h........ . ~._~... '...~: ~-':; . .. c}&6 House moved that said appeal be denied. Mr. Donnell seconded the motion. Upon the vote being taken, Messrs. House,' Donnell and Nichols voted "Aye."Mr. Morris voted IINay." Request denied. The applicant was advised of his right to appeal to the City Commission within ten (10) days. ITEM #5 - Request of vicki Williams for a variance for an accessory building. Vicki Williams stated a building permit had not been re- quested for the playhouse prior to construction because they had been advised one was not necessary. The homeowner's association of Valencia Park had also voiced no objectiona. In response to a question, the applicant stated it would be impossible to move the building without demolishing it because of the manner in which it had been constructed. A petition in support bearing 50 signatures was read i.nto the record. One letter of opposition was read into the record. Upon consideration of the appeal of Vicki Williams from the decision of the Building Official concerning the request for a variance to allow an accessory building with a 3 ft. side and 5 ft. rear setback upon Lot 15, Valencia Park, Unit I, which property is located at 1994 Madrid Court North 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 harmony with the general purposes and intent of the zoning ordinance, Mr. Morris moved that such appeal be gr~nted in accordance with the application submitted therewith, W~~ the provision that the right to obtain a building permit in accordance with such variance shall cease after six (6) months from this date. l-lr. House seconded the motion which carried." unanimously. ITEM #6 Request of Wm. Gregg, III and John Bankston for a variance to construct a wood deck. The Planning Official stated the Planning Department would not concur with the attachment to the application, specifically paragraphs c and f. Bill Gregg stated their plan is to construct 6 units instead of 13 units permitted under the present zoning. He stated the wing walls and the roof overhang are' important from an energy conservation standpoint, although ,the plans could be modified. ~',: L. 9/14/78 '"r~~~~J~~~~'\ ',.:"',." . " ,.'.~ :~'. '.:: .:, .~ . , ; ....-.......v'~_ ...,._.........'...' " , l r ~ ), '" 1 . .,._"'-t-'--.e-t< ,~i.,....: ~ _.....~........--'Ii.... ~ ...............~. ..,._..'~" ..............~....--::~...... ......fIIW 'Wo~r.-:"'.....~...;.,~_ .j , " ,/ " '., I' r+ r~ .~_... .",,, ...II l.,.,.... ~ k A \d .' One letter of support was read into the record. Several citizens spoke in opposition and three letters of opposition were read into the record. In response to a question the City Attorney stated his interpretation of the Code contemplates that all setback areas are to be completely open. Upon consideration of the appeal of Wm. Gregg, III and John Bankston, from the decision of the Building Official concerning a variance to construct a wood deck with 7.5 ft. rear and side setbacks and 16 ft. front setback upon Lots 19 and 20, Island Estates, Unit SA, which property is located at 234 Dolphin Point and is zoned, CTF (commercial tourist facility), 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. Donnell moved that such appeal be denied. Mr. House seconded the motion which carried unanimously. The applicant was advised of his right to appeal the decision to the City Commission within ten (10) days. ITEM #7 - Request of Hunter Blood Center, Inc. Application withdrawn to be readvertisco and heard at next meeting. - ITEM #8 Request of Ernest Malke for a variance to construct an addition to garage. In response to a question, the Building Official stated there are other residences in the area which extend to the 20 foot setback permitted by the original deed restrictions. Robert Malke, appeared before the Board on August 24, 1978, and was granted a one-foot variance. He stated the cost of construction is prohibitive for only one foot of additional space~ hence, this second request. Two citizens spoke in opposition and a petition with 19 signatures in opposition was submitted for the record. Upon consideration of the appeal of Ernest Malke from the decision of the Building Official concerning request for a variance to construct an addition to garage with a 20 ft. front setback upon Lot 38 and W 15 ft. of Lot 37, Bayside Subdivision, which property is located at 165 Devon Drive and is zoned, RS-50 (single family), it appearing, after this duly constituted public hearing, that there are not such practical difficulties or unnecessary hardships in the way of carrying ,., ~ ~' . ,. " I. '.; T t- ~'~ :1~:ii~(;;;,,; ::,;,,( , 5. 9/14/78 .' o,..~: ~ I ';. "f,. '0. :J,.~ ~~o~, :"'" "'~.... ' '[ ,.... " L ',. .... f ~ \,.., . ...... ":-, .:;, ; -~ ""'J'"" ........... ~_- ..:.~,~~-:.....:............-:< to.......... -~*:....,.........,....... .' ' ':: ' ,. ." ',. L ' :I~, . I' , ,~ . ~,~ , 'I .'w. "1) " ,: ,:,'\; , ; , . . ._--",,..,..~.W~~!.J::.;.~~.n.v,,~_...., '.,.....__~.~'"..::,:.t_ ':w"i. .~ ,:: ,.,'... ,~...~. . " i0 '.f.,y out the strict letter of th~ provisions of the zoning ordinance as it affects such property as would justify a variance of such provisions and that the same can- not be varied in harmony with the general purpose and intent of the zoning ordinance, Mr. House moved that such appeal be denied. Mr. Morris seconded the motion weich carriedunani- rnously. The applicant was advised of his right to appeal to the City Commission within ten (10) days. ITEM #9 - Request of Robert Kirn for a variance to construct garage addition to residence. George Haddox, architect, stated they were requesting the variance to align the addition with the existing building. In response to a question, he stated one tree would have to be re- moved, the others to be incorporated into the structure. Two letters of support were read into the record. Three letters and one petition with eleven signatures in opposition were read into the record. - Upon consideration of the appeal of Robert Kirn from the decision of the Building Official concerning the request for a variance to allow construction of garage addition to residence with a 5 ft. side setback upon west 20 ft. of Lot 130 and east 50 ft. of Lot 132, Harbor Oaks Subdivision, which property is located at 321 Lotus Path and is zoned RS-75 (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. 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. Morris seconded the'motion. Upon the vote being taken, l1essrs. Donnell and Morris voted "Aye. II Messrs. House and NichOls voted IINay.1I The application is denied. The applicant was advised of his right to appeal the decision to the city commission within ten (10) days. The Chairman presented the minutes of the regular meeting of August 24, 1978, for consideration. Hearing no objection, he declared the minutes approved as corrected by ,the Clerk in accordance with copies submitted to each Board member in writing. There being no further 6:00 p.m. business the meeting adjourned at c:a~~~ the oard ,ot~L';"'~ '.. cI~y' .~l~rk as s~c::::~~tary' to r:f:(~'>,:~t~';~:?';;' ,\::,:' '>'",::,):::/,~:j';' ,;.:,,~:., ':...':..: ' 6. 9/14/78 .' ,~~..or;!,o" ',; ~'. :i: ~ ....'T.: ,.' ,~ . .. d :1 .:?') " , ,.' . .,,,:.~. .' , , " , \ , , I- :~' ~'.. ;~-iS.. > , J:; , .,~,; ,..-.,. ~:'Io-'~' of:.!"' '.~~ ~'~4!:.:.....'~., ~'~ ~ ""'(,1. ~'............. ...... 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