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01/11/1979 :1 I :'. ' ~. .',. ' ,. ... ~ - .~ \- T. .,<\. ~:'-F ~~ ~', ~ < .., ',.... i',"'" '.' I J. \.,'T ......... .' ," "!, ..> 'I ~... .. , :.. . I , ,/ " . " " , . f I: ' ,I ',' , , 'I' ". ,J ...',\ .....__..................".o\:"',l.N\....~___:..,,-......~_. .. "' ~......:.r_."""",~,,,,:',,. .... .""... '.-' .. . ~ -.... .' 30') o public hearing, that the proposed use is consistent with the general zoning plan and with the public interest, Mr. House moved that said appeal be ~ranted in accordance with the applica- tion 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. Donnell seconded the motion which carried unanimously. ITEM '2 This item was deferred until later in the meeting. ITEM'3 Request of Par Land Company, Inc. for a special exception to construct storage units. The Planning Official noted there is little side setback shown on the plan. Albert Rogero, Jr., representative, described the general area stating the storage would be rental type and that the proposed use would enhance the area. He has spoken with the owner of the residence directly across the street, who has no objection to the plan. - The Building Official stated construction will conform to the Southern Standard Building Code and usage will be controlled through occupational license. Cornelia Jackson, 1190 Brownell, questioned the exact location and determined she had no objection. No one spoke in objection. Upon consideration of the appeal of Par Land r:ompany, Inc. from the decision of the Building Official concerning a special exception to construct storage units on Lots 7, 8, and the East 1/3 of Lot 9, Block I, W.F. Hughey's Subdivision, which property is located on the North side of Brownell Street between MissouTi AVenue and Madison Avenue and is zoned CG (general business), it appearing, after this duly constituted puhlic hearing, that the proposed use is consistent with the general zoning plan and with the public interest, Mr. Gans moved that said appeal be ~~ 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. Morris seconded the motion. Mr. Donnell moved to amend the motion to include: "provided that adequate provision is made for the location of garbage collection facilities on the property satisfactory to the Building Official". The amendment was accepted by Mr. Gans and Mr. Morris. Upon the vote being taken, the amended motion carried unanimously. , ' ITEM.l4 - Request of Paul A. Voulgaris for a variance to allow structural alterations in a non-conforming use structure and a setback variance. 2. 1/11/79 . > . ~.. r ;. ..'. ,Cf . ~.t~ " " ., . ~ ' ,........,~.."'"~.,r--......... .d.__.... ""-~............s.........~ r"" <', '~.~1ho.--.'-IV.,...~....,.......... "', (~ ~~~' . 'I; :~t . , ~ '. < , \ '\ " d__...._......~...<......,..,......'U~...f,,f.Jr.:~-*"~~._~....... . " ...'fo_~.~~,~.:...;::."''' ~ -" ;" .,. -~ 0 r; V :0 {2\ \V The Building Official reported there are presently five units whereas only four are permitted. The Planning Official also stated the non-conformity in density is more important than the setback variance. Bill Kimpton, representative, stated there would be no additional boundary extension, the proposal being to add ap~roximately 1,600 square feet of living space in the owner's un1t on the second floor. The proposed remodeling will also include upgrading of the exterior of the bUilding. Jim Gray, Executive Vice-President of Clearwater Beach Property Owners Association, expressed support, as did several other citizens. e Five letters in support were read into the record. There was one phone call in objection. No one spoke in opposition. Upon consideration of the appeal of Paul Voulgaris from the decision of the Building Official concerning the request for a variance to allow structural alterations in a non-conforming use structure and a setback variance from North lot line upon Lots 1 and 2, Block C, Barbour-Morrow Subdivision, which property is located at 425 East Shore Drive and is zoned CG (general business), 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. House 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. Mr. Morris requested the applicant include landscaping in his plan. This request was agreed to by Mr. Voulgaris. At the suggestion of the BUilding Official the motion was amended to state "with the provision that living quarters on the second floor be limited to one kitchen". The amended motion carried unanimously. ITEM IS - Request of Frontier Properties for a special exception to construct storage addition. The Building Official stated the plans had been approved. The Planning Official stated if the special exception is granteo,the existing house on a portion of Lot 6 will create a non-conformlna situation as it relates to lot size required in . RS..SO zone. \. " >:L, '. ' ~~~~:lM;;:~::/,:,~ ';,: .,; 3. 1/11/79 " '. t!:, :',~ ':"!' ,I,.: :.: ~ , ' ., .,.t'" .... .....,........-~........,.~~~ -J~~JI'!'''''''1'''t~ . . _ ,( .,...< , ~.... t) " " c 4~. .. LL~~~~";"".I~~ :;,~;;"... .."...;,;..~:" .;.:__.~.~ "0...,. 0, ".. . . C Arthur Lane, representative, stated the additional storage space would be for the use of current tenants as well as additional storage for equipment belonging to Frontier Properties. The house on Lot 6 is currently used by the company as office space. No one spoke in opposition. Upon consideration of the appeal of Frontier Properties from the decision of the Building Official concerning a special exception to construct storage addition to existing commercial building on Lots 6 and 9, Block 6, R.J. Booth Subdivision, which property is located at 900 Grove Street and is zoned CG (general business), 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. Donnell moved that said appeal be granted in accordance with the application submitted therewith, with the provision that the applicant first obtain an occupancy permit for the house on Lot 6, based on its being used for business purposes only, 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. Gans seconded the motion which carried unanimously. ITEM 16 ~ Request of Robert M. Thompson, Jr. for a special exception for non~commercial off~street parking. Robert Thompson stated the parking lot would be used in conjunction with professional offices they propose to construct on adjoining property. One phone call in support of the request was reported by the clerk. No one spoka in opposition. Upon consideration of the appeal of Robert M. Thompson from the decision of the Building Official concerning a special exception for non-commercial off~street parking on Lots 4 and 11, and a portion of vacated alley, Block 9, Milton Park Subdivi~ sion, which property is located at 711 Grand Central Avenue and is zoned RM-28 (high density multi~family), 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. Donnell moved that said appeal be granted in accordance with the application submitted therewith, with ~he provision that the right to obtain a building permit in accordance with said special exception shall cease after six (6) months from this date. ~Ir. House seconded the motion which carried unanimously. ITEM 17 - Request of Central Baptist Church of Dunedin, Inc. for a special exception to use existing facilities as a medi-center. The Planning Official outlined the recent church~initiated request for rezoning to ISP, which has now been accomplished. He stated he would reserve comment on the proposed usage until the presenta~ion is made. r.O V <i) , 4. 1/11/,79 " 0: ~.. ., I '....,.. ~. .;. ~ ." r " . L.t ~ '>: : : <::."' ~ r 0 ..... ' ". .,0 ...... ~ ,-. ~' ,:.: ~~ ,/ . , " . ~. . . . T I . ,., , ~ " ',' , .___..,.............,.....,J....,,:'~~ ..,1:. . ....J..c.. j \..., ,_ :';... .. 3(:)'1 0'," " George Robertson, Chairman of the Board of Deacons. stated the church had parking problems at this location and they decided to dispose of the property. Several inquiries concerning the property had been received, but they felt the proposed use by PAR would provide the best usage of the property with the least impact on the surrounding neighborhood. lofrs. William A. Moon. member of the Board of PAR introduced Shirley Colletti, Executive Director of PAR, who distributed a booklet to the Board describing the operation together with letters of recommendation from members of the medical community and area residents near their current location. She discussed the plans for the church property, emphasizing the close monitoring provided residents of the program. Several persons involved with the program spoke in support, giving further background on the program. Stewart R. Wilson, 707 North Osceola Avenue, spoke in support. Several citizens spoke in opposition to the request, and a petition bearing thirty-one signatures in opposition was submitted to the Clerk for the record. John Petellat, 1172 Sunset Point Road, stated it had been difficult to object to the rezoning at the public hearing because they were told that was the proper zoning for churches and. while there was mention of a buyer, no names were given. He further questioned the wording of the public hearing notice; specifically, use of the term "medi-center" with no mention of the activities proposed. He pointed out that the neighborhood was not aware until the day prior to the meeting that PAR was the prospective buyer. John Rinker, 1206 Sheridan Road, requested the Board deny the application or, at least, postpone a decision until the area residents have more time to organize their opposition. The Board Chairman advised him of the right of appeal to the City Commission. " Mr. Rinker stated that at the rezoning public hearing the church representative was specifically asked when rezoned what the Use was to be, but there was no response. He asked the same question of a church representative after the hearing was concluded, and the response was the use would be in the best interests of the community. In rebuttal, George Robertson restated that the application had been properly filed with no effort made to conceal the identity of the prospective buyer. He stated the Planning Official had written to Mr. Denecick in September, 1978, stating that the church's inquiry as to a special exception to permit use of the property as a mini "medi-center" could not be sure of support fro. the Planning DepartJDent, and that he had recommended to the church's Board:of Directors that the use of the property by PAR would have less impact on the neighborhood than use as a nursing :}:,~. ,,' '.. ':, "F /, .:' i, ~,i{'::,? :'~".' :': s. '1/11/79 . /~.'.;::\, 'l ", < " . \' ': :,.' ; , I' C .ll' ~! ., " ...~~ , t I' ,,1: - . ~~ ,I '11 I ~ ~' , , , ;~ -I , . I:'~, .__......",rt.....~... ~'.....' ~.... .l--,.o.J:, :...:I.I'~. 5..... ...._~ 303 ~ home, or even as a church, because of reduced parking problems and traffic. He stated it was the church's understanding that prospective uses of the property could not be addressed at the public hearing on the rezoning. He acknowledged the accuracy of his reported response after the rezoning public hearing to an area resident concerning usage of the property stating at that time they were not sure who the ultimate buyer would be. He noted acts of vandalism and petty crime are currently experienced in this neighborhood. Al Benecick~ representative of Bruce Taylor Realty, stated the application had been filed in accordance with the rules set forth in the zoning code. The Building Official stated the only further approvals needed, if the application is granted, are parking and proposed building alterations. The Planning Official stated he was aware that at the rezoning public hearing he felt something other than continued church usage would be made of this )?roperty and that the area residents were unaware of that posslbility. Al Benecick submitted a copy of an undated memo to the Office of the City Clerk from the church stating there is a conditional sales contract on the property with PAR Properties. Inc. Mr. Morris suggested the decision of the Board be continued to allow property owners and PAR to get together for discussion and possible better understanding. Considerable discussion ensued concerning the merits of this suggestion and the willingness of the parties to talk. The Planning Official expressed support for a continuance to permit gaining a fuller knowledge of physical changes which would be necessary to the property before the Planning Department could make a firm recommendation. Mr. Morris moved to continue this item to the meeting of January 25, 1979, without cost to the applicant. Mr. Donnell seconded the motion which carried unanimously. The meeting was recessed from 5:35 to 5:40 p.m. ITEM '8 - Request of James W. Ford for a seluack variance. The Building Official reported right-of-way on Lake Drive is eighty feet rather than the usual sixty feet. The Planning Official stated the proposed location would put the house approximately in line with others in the area, but suggested consideration be given a ten foot setback to the rear rather than'the fifteen feet shown. Larry Hilker~. builder, stated the fifteen feet to the rear of the house will,provide a nicer backyard. The house will face on o . ., . O. L..' '. ~ " \" ~fk~/;:,}:~~,~'~~:: ':~/::(:,: :;?'.< I' ," ";.. ..- '.' ,>\. " 6. 1/11/79 " , " I]. /. ;'1'; (i"' .~> \; , ; ~, I 0 , ;, ~.~. 'I ~1tu' 'I~~ ' ~, "'" ~'. .~~ .\~~ - - , , , i , , , ; d~ .\ . \ / .' , .:. .______~........~__*.."0iIII._"':. ....u _...._, . t .... ~\ ,;,;,'. . ...~':' Lake Drive with a view of the 1alce and has a thirty foot setback from Laura Street. 6) ~ No one spoke in opposition. Upon consideration of the appeal of James W.Ford from the decision of the Building Official concerning the request for a se~back variance from W6St property line upon Lot I, Block E, Keystone Manor Subdivision, which property is located at the Southeast corner of Lake Drive and Laura Street and is zoned RS-SO (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. Morris moved that such appeal be granted in accordance with the applica- tion 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 which carried unanimously. ITEM 19 - Request of Curtis McClamma for a special exception to construct storage warehouse. The Planning Official stated the zoning district permits this use as a special exception. The comprehensive land use plan designates this as low-density residential and has since 1972. The area is part of the South Greenwood target area, and considerable funds (both City and community development) have been allocated for street, sewer, and wateT improvements. Because of these factors and the impact on the adjoining residential uses, traffic, etc., he feels this is an inappropriate location for this type of commercial activity. Gerald R. Riddlebarger, representative, stated the proposed storage units would be rented to private parties for personal use. Two petitions in opposition carrying a total of eighteen signatures were submitted for the record. No one spoke in opposition. Upon consideration of the appeal of Curtis McClamma from the decision of the Building Official concerning a special exception to construct a storage warehouse building on Lots 8 through 10 inclusive, Block E, Belmont Second Addition, which property is located South .of Woodlawn between Greenwood and Bwing Avenues and is zoned CG (general 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. Morris seconded the motion which carried unanimously. The applicant was advised of his right to appeal to the City Commission within ten (10) days. (I ~' , ' 7. 1/11/79 :::C1, :~' ~1: f", ,:,:+~,~;,~".i.,.~" '.'~~.. :~:... ~ ~ . . 'r, -..........~.~~~~'''!I), , ' '"' !'~ ~., 0 . 'L).. \' .., ~.i$#t.IoI"J'",;'/l.":'t ~:"'if_~ ~".l:.~~J' l'o-ll<l'tth.. .... , -I ~~ .,.. . ;,.(.~ . .. I ~o I ITEM 12 - Request of Senior Citizens Services, Inc. for a special exception to construct storage units and a variance of number of off-street parking spaces. Mr. Morris stated he has a financial interest in this appli- cation and will therefore abstain from discussion and voting and will file a Conflict of Interest statement with the City Clerk, (attached hereto as part of the record). (A) John Meek, representative, stated he is the prospective buyer of the property, contingent upon the granting of this request. He stated the units would be garage size with the exception of eight smaller units in the easterly portion of the project. One space fronting on Ewing Avenue will be used as an office. A V Elmer Schaeffer, Executive Director of Senior Citizens, described the general area and spoke in support of the application. No one spoke in op,osition. Upon consideration of the appeal of Senior Citizens Services, Inc. from the decision of the Building Official concerning a special exception to construct storage units on the South twenty-nine feet of Lot 3 and Lot 4, Block D, Coachman Heights RepIat, which property is located on East side of Ewing Avenue approximately two hundred feet North of Court Street and is zoned CG (general business), 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. House moved that said aPl?eal be granted in accordance with the application submitted therew1th, 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. Gans seconded the motion. Mr. Donnell moved to amend the motion to include: "with the provision sufficient space be provided within the perimeter of these lots to accommodate appropriate garbage disposal as specified by the Building Official". Mr. House and Mr. Gans accepted the amendment. Upon the vote being taken on the amended motion, Messrs. NichOlS, House, Donnell and Gans voted "Aye"; Mr. Morris abstaining. CB} Mr. Meek stated no long term parking was expected; movement would be in and out and the proposed parking spaces would be sufficient. In response to a question. the Building Official stated the Zoning Ordinance does not specify number of parking spaces for a facility of this type, but it has been City policy to require one parking space for each two such units. Upon consideration of the appeal of Senior Citizens Services, Inc. from the decision of the Building Official concerning the request for a variance of number of off-street parking spaces (f, " " ' '/,' : '" ~.. . '" 8. i '. , " i,: '; '. . . ,>~~,:;\,.:: i~f ,; ,. ~ 'i~ _ J ., .' ...,... ~ .~~f\t~.~ 0.," :. .......~~ ..............,~~ ...: I' " ;11,,', ~ i' ' , FORM 4 MEMORANDUM OF VOTING CONFLICT c;; 99 DATE ON WHICH VOTE OCCURRED: __L~ ,19""t} PART A Name: FRAtJ~ H- (MIDDLE) c.leaV'~t~ f- }a.. ICITYl > 3 S"l S" (ZIP CODE) _ Telephone: 44<:t ,e7 05" lAIC) (NUMBER) ~ll\elt ;)~ COUNTY) fY'lORJ2.lS (l.AST' ~ IPIFlST) 11- , (" pr e u) <j vazt- ISTREET) Address: _ ,0 li-t~T B Agency II a unit of [check one) : State of Florida; 1)4 County, CItY or other Political Subdivision Name of Agoncy: Cfearwaf(U.l" Boav& i ~ct~u..(.+~ ~~ 30~tM~ Position held In Agency: --.Me Wt.bev . PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION (Requ(red bV Florfda Statutes fi 712.3143 "976)) If you have voted In your official capaclty upon any measure In which you had a personal, private, or profllsslonallnterllst which inures to your special private gain or the special private gain of any principal by Whom you are retained, please dlscloso the nature of your interest below. 1. Description of the matter upon which you voted In your official capaCltV:-!-AM ~ A.rc.lA.l.ft, c:t foV )ol.vv..\ kJ. w\\e..e~ J ~lt:~ heW ~toV'a~ Rl&.~ ~~~~ hp lS ~ ~1 fv~ ~C2.VLtDV (jil ~Jl-.1Ar.1 SI2Y~, \t\.CJ , RECEJVED' JAN 23 1979/ . 2. Descrlption of the personal, private, or profassional Interest you have In the above matter which inures to your eM Il!.t!!!aein or the special private gaIn of any princIpal bV whom you are retained; , Arc:Llte.& ~--.!\~ 4:) 3. Person or principal to whom the special gain described abol/e will Inure: J (!) kM.. L()').ca2b.. t ~ V. CNAMEl a. IX) Yourself b. (...\:r Principal by whom you are retained: PART 0 FILING INSTRUCTIONS ThIs memorandum must be flied within fifteen (16) days following the meeting during which the voting conflict occu"cd with the person responsible for recording the minutes of the meeting, who ,shall incorporate the memorandum In the meeting minutes. This form need not be flied merely to Indicate the absenca of a voting conflict. Florldelaw permits but does not require you to abstain from voting when a conflict of Interest arises; if you vote, howaver, the conflict must bo disclosed pursuant to the requirements described above. aE d~~~ BIDNATURE OF "ERSON DISCLOSING /'1 ~=eD/~7.!!> . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES fi112.311 (11151. A FAILURE TO MAKE ANV REQUIRED DISCLOSURE CONSTITUTES " ; GROUNDS FOR AND MAV liE pUNISHED av ONE OR MORE OF THE FOLLOWIr~GI IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE. ,'" "~ ~R EMPLOVMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED ",000. ;', ",,(:1 ,ORM II. IP', "1177 ." : ,).... ~ -....,... ,..,;-,<:,' t,.o'. o~.... '-'~"'--~"'---:':-'~"~~J' '..'!\'.......,.t.."""..,~....!lt,.-~ - i -, :ft