11/30/1978
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
November 30, 1978
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Members present:
Edward H. Nichols, Chairman .
Harold J. House, Vice-Chairman
Frank Donnell
Wade H. Gans
Frank H. Morris, Jr.
Also present:
Syd Snair, Building Official
David Healey, Planning Director
Frank Kowalski, Chief Assistant City Attorney
Sue Lamkin, Assistant City Clerk
The meeting was called to order by the Chairman at
2:30 p.m. in the Commission meeting room in City Hall.
He outlined the procedures and announced the request of
Russell A. Brown Corp. for a setback variance.
The Planning Official pointed out the house is already
on site and there is no relevancy between the location of
the tree and the house.
Bill Stevens, Vice-President of Brown Homes, stated
several large limbs were trimmed back in order to locate
the house where it is. Also. an error was made in staking
the house which was not discovered prior to completion
of the tie-in survey, resulting in the need for the
variance.
Considerable discussion ensued concerning requests for
variances after the fact.
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In response, ~fr. Stevens referred to the tic-in survey
which showed the house in general alignment with others
on the block, and reiterated the staking error was not
discovered prior to beginning construction.
No one spoke in opposition.
Upon consideration of the appeal of Russell A. Brown Corp.
from the decision of the Building Official concerning the
request for a variance to construct a residence with a .
21.7 foot front setback upon Lot 44, Windsor Woods Subdi-
vision, which property is located at 1618 Pine Place and is
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11/30/78
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No one spoke in opposition.
Upon consideration of the appeal of Sarah M. Guthrie from
the decision of the Building Official concerning the request
for a variance of two off-street parking spaces upon Lot 7,
Block 69, Mandalay Subdivision, which property is located at
1002 Eldorado Avenue and is zoned RS 50 (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 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. House
seconded the motion.
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Mr. Morris moved to amend the motion to require applicant
to provide one parking space on the property. Mr. Gans
and Mr. House accepted the amendment.
Upon the vote being taken on the amended motion,
Messrs. Nichols, House, Gans, and ~Iorris voted "Aye"'
Mr. Donnell voted "Nay", stating he opposed the amendment to
the motion. The request, as amended by the Board, was
approved.
The applicant was advised of his right to appeal to the
City Commission within ten (10) days.
The applicant inquired about the procedure for obtaining
an extension of the first variance granted, which expires
December 22, 1978. He was advised to make written
application to the Board.
ITEM ~3 - Request of Gustav Bjerkencs for a special
exception to construct single family dwelling.
Mrs. Gustav Bjcrkenes stated she had nothing further
to add to the information provided in the application.
Two letters in support were read into the record.
Hazel Houk, adjoining property owner, while supporting
the application, requested the house be moved an additional
5 feet from the lot line.
Tony Spano, representative of Jim Walter Homes, stated
he had located the house on the property in the only
position possible to meet all setback requirements.
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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 said fence
be set back not less than three feet from the 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),
that access be provided to Landmark Drive, and with the
further provision that the right to obtain a building
permit in accordance with such variance shall cease after
six (6) months from this date. Mr. House seconded the
motion which carried unanimously.
The applicant was advised of his right to appeal to
the City Commission within ten (10) days.
ITEM #6 - Request of William Georgilas for a special
exception to operate an automotive body repair shop.
The Building Official stated this business originally
operated as a service station and used car lot, which permits
minor automotive repairs without a special exception being
required. The addition of the body shop does require a
special exception.
The Planning Official stated the combination of businesses
at this location will substantially increase traffic and
noise, and he called attention to the criteria set forth in
Section 23.03 (5) (a).
William Georgilas stated his business is open from
7 a.m. to 6 p.m. daily and half a day on Saturdays, and
he needs the body shop to complete his operation.
Discussion ensued concerning fencing requirements and
location of the body shop door.
Two citizens spoke in opposition and a telephone call
in opposition was reported by the clerk. A petition bearing
21 signatures and 3 letters in opposition were read into
the record.
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In response, the applicant stated he does towing for
AAA and the Clearwater Police Department,'and the,wrecked
automobiles referred to are never held more than three or
, four days. Denial of his request for the body shop would
not eliminate air tools as they are required for changing
tires, which he does in connection with the service
station.
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11/30/78
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