11/09/1978
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
November 9, 1978
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Members present:
Edward H. Nichols, Chairman
Harold J. House, Vice-Chairman
Frank Donnell (arrived at 3:10 p.m.)
Wade H. Gans
Frank H. Morris, Jr.
Also present:
Syd Snair, Building Official
David Healey, Planning Director
Thomas A. Bustin, City Attorney (arrived at 3:10 p.m.)
Sue Lamkin, Assistant 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 announced the request of Magnum Homes, Inc. for
a setback variance.
The Planning Official stated a provision in the ordinance
allows double-frontage lots in new subdivisions to be estab-
lished with a lesser setback, if the developer plans and
provides for appropriate fencing and screening. That
option was not used in this subdivision and the Planning
Department cannot support a variance for one of the first
homes to back up on a new road, as it might set a precedent
for other encroachments.
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He stated County Road 102 will be an important
thoroughfare, but the county designation is unknown.
Ronald Letize, President of Magnum Homes, stated
purchasers of double-frontage lots are penalized because the
developer did not provide for fencing and said he was misin-
formed by the developer at the time of purchase. The
double-frontage lot is not deep enough to permit a ppol
package.
No one spoke in opposition.
Upon consideration of the appeal of Magnum Homes, Inc.
from the decision of the Building Official concerning the
request for a variance to construct a pool and screen enclosure
with a 19 foot rear setback upon Lot 7, Block I, Northwood
Estates Tract F, which property is located at 2941 Deer Run
South and is zoned RS 60 (single-family residential), 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
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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. Nr. House
seconded the motion which carried unanimously.
ITEM 12 Request of Karl Wiedemann for a variance on
lot coverage.
Karl Wiedemann stated he needs the additional lot
coverage for living area. A petition in support of the
request, bearing nine signatures, was submitted to the
Clerk for the record.
He also stated he would increase the size of the lanai
if the variance is denied.
The Building Official confirmed that lanais are not
included as lot coverage, and the Planning Official stated
the ordinance needs clarification; hence, the necessity for
a variance.
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Discussion ensued as to the possibility of a future
request to enclose the additional area because of the design.
The Building Official reported any additional
construction would require a building permit, which could
not be granted without a variance.
No one spoke in objection.
Upon consideration of the appeal of Karl Wiedemann
from the decision of the Building Official concerning the
request for a variance to construct a residence with
26.047\ lot coverage upon Lot 21, Block H, Northwood Estates
Tract F, which property is located on north side of Deer
Run South between Splitwood Way and Deer Run East and is
zoned RS 60 (single-family residential), 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. Norris ~oved 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 13 - Request of Barbara Miller for a setback variance.
Pat Rinard, Attorney, stated the encroachment into the
front setback was not discovered until a tie-in survey was made.
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11/9/78
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