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01/25/1979 , " .' l " /. , , . ~~CA.~;';!.~~1-__'"-"R:.' ._,_....._.~P:~_~-:...r Iw-~ ..::... ~ . 't'i~ L.,~.' .......,. ,.............. ~ BOARD OF ADJUSTMENT AND APPEAL ON ZONING January 25, 1979 " 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 Thomas Bustin. City Attorney Sue Lamkin, Assistant 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 Central Baptist Church of Dunedin, Inc. for a special exception (continued). He stated the Board would hear only new information in this case. The Planning Official stated his comments would be broken down into three areas, namely: (1) The application itself. Much of the previous discussion revolved around the rezoning hearing and whether pertinent facts about the proposed use were brought out. The property has been rezoned to ISP, which is the proper classification, and will accommodate community-service oriented and institutional uses in a harmonious grouping. The application clearly states the proposed use as a therapeutic rehabilitation center and the term "medi-center" most nearly describes that usage in the Code. (2) Sociological considerations. Participants in the PAR ~rogram are in need of help and this organization is willing and qualified to provide the needed assistance. The program is a valuable one, not only to the participants themselves, but to the community as a whole, and cannot be overlooked. Concerns on safety conveyed to the Police Department who reported only two calls to the North Ft. Harrison address this past year; one a bomb threat and the other a threatened arson attempt. There are no recorded incidents of violent crimes, and the overall consensus of the Police Department is the operation is well handled. (3) Site and land use relationships. Under current ISP requirements this parcel would not qualify for this classification if the facilities were not now existing, as minimum size in a new zone is one acre and in a residential Brea 2.5 acres for a church. The proposed site contains 0.63 acres. The Planning Department recommends denial as the criteria set forth in Section 35.09(7)(k) would not be met. If the Board grants the request, two conditions are recommended: (1) Two additional ..lots (39 and 40) should be purchased and used as open space, a:::.. ....., ,10 . .. :~. ',', ." r.~~~:d;~,;".; . '. , .. ,1. 1/25/79 .....~\~::~.~f,~ '\ . . ~"/, ,.1, ". \ " .' . ; ~. '~;i.:~ ";:':~.~ I~;:' .u._."......~_.. .J , .' ~ ".,' " "'r!(_~.l: """"'~_"''';.\'::"'!!' .,. ;'tt "", 'l~ ,) J '1 , ,,' ", ;.d ", .", ,..cI...t.. .'1 , 1 ,t ' ,--...\ ' " .3/2- o He submitted a petition in opposition bearing 350 signatures. Several citizens spoke in opposition. including Roy Berger. 1910 Coles Road, who said he had volunteered to help form a neighborhood committee to aid PAR in locating a better site. In rebuttal, George Robertson stated the program has provided for every possible safeguard for the neighborhood. He further pointed out that the reasons for not setting a density cap in ISP zones were obvious. The City Attorney recommended the Board approach their decision from two perspectives. One, based upon the information presented, whether the facility would in fact be a medi-center; if not, the application should be denied on that basis. Two, if the facility is a medi-center, then Section 35.09(7) should apply and the Board should determine whether or not the application meets those criteria. Mr. Gans stated for the record: t PAR has an excellent record, is an organization greatly needed by the community, and should not be located in undesirable areas, but he felt land values would decline if this facility moved to this site. However, his motion would be based upon Section 3S.09(7){k) because the application does not meet the criteria set forth. Upon consideration of the appeal of Central Baptist Church of Dunedin, Inc. from the decision of the Building Official concerning a special exception to use existing facilities as a "medi-center" on Lots 23, 24, 25, 41, and 42, Blo~k G. Sunset Point Second Addition, which property is located North of Sunset Point Road between Douglas and Springtime Avenues and is zoned ISP (insti tu.' tional semi-public), 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. House seconded the motion which carried unanimously. The applicant was advised of his right to appeal to the City Commission within ten (10) days. The meeting was recessed from 4:20 to 4:25 p.m. ITEM '2 - Request of Jean A. Barry for setback variances. The Building Official stated a 2S foot setback is required in both instances, but they were separated as the fireplace requires a lesser setbacl: than the enclosure. Jean Barry stated they required the setbacks in order to improve the appearance of tbe home and enclose and increase the size of the porch for more livable area. , Three letters in spoke in opposition. .~; . 1;\~i,f~"J;;iL.J.~:::: : ." .. .', ". . support were read into the record. No one .' 3. 1/25/79 !. . .:~ "~'~ /~ ,~ .1.. . /'- . .~;.~., ~:. '~....'.~' ~ . 1 . .'. ~~.' ,I ,'C t C .[ '! 1. . ., . , >' r ,~'.- , , .,. . ,:~~, : . , , . " :'a~__._.NI'l.;.,3f";'f::"~~~:.t.~J,.;.':":':"':"'.;'" i,;:......:..4:"".:. """- '",_,. > .~ ~ I. . ...J 4. ~ A .' ., 3> /1 o Upon consideration of the appeal of Jean A. Barry from the decision of the Building Official concerning the request for setback variances from Iris Street to enclose porch and construct a fireplace upon Lot 20, Block 24, Manda1ay Subdivision, which property is located at 738 Lantana Avenue 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 sranted 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. Gans seconded the motion which carried unanimously. ITEM 13 - Request of Sunstyle Homes Corp. for a fence variance. The Building Official requested the location of the fence be specified if the Board approves the request. These are double- frontage lots. The Planning Official recommended the Board address the setbacks from Barrington Drive and the style of fence. John Gleason, Vice-President of Sunstyle Homes) stated the request is for a fence parallel to Sunset Point Road only. The house on Lot 129 is set back 30 ft. 8 in. from the property line on Barrington Drive, and they do not propose to extend the fence beyond this point. Discussion ensued on setting the fence back 3 feet and submitting a planting plan for approval. The applicant stated this would be difficult to do as they had been required to install sidewalks when they took over the development and setting back an additional 3 feet would leave a limited space for a yard. No one spoke in opposition. Upon consideration of the appeal of Sunstyle Homes Corp. from the decision of the Building Official concerning the request for a variance to construct a 6 foot fence between building setbacks and property lines upon Lots 126 through 129. Willow Ridge Subdivi- sion, which property is located North of Sunset Point Road and West of Hercules Avenue and is zoned RS-60 (single-family residen- tial), 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, witli the provision that the right to obtain a building permit in accordance with such variance shall cease after six (6) months ~ro.this date. Mr. Donnell seconded the motion. t. (, :,;. , , 4. 1/25/79 .....t(.....,' " ',,' " dl . -":;'-~"I't ,...,,~.~ ,..~~ " , , , , '-1':,:" I >; ~ ~. I' . , -, ", , ' -I \. " ~ .' A...."'""V~""'~'U'."...l&~.: !U.......:....~:...~"'..,.,.'hJ.q,. 01'. ~_,_. _c.c...._. ~.L...........,......:.....:'.~.~ ~. ~ '. 31D 0'\ V Mr. Gans moved to amend the motion to require the provision that said fence be set back not less than two feet from the property line, and with the further provision that a planti~g 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). The amendment was accepted by Mr. House and Mr. Donnell. Upon the vote being taken. the amended motion carried unanimously. The Chairman advised the applicant of his right to appeal to the City Commission within ten (10) days. ITEM 14 - Request of Dr. Raymond Center for a special exception to construct an automatic car wash. fl The Planning Official stated a workable plan for ingress and egress should be discussed with the applicant and consideration given to the compatibility of the facility with the residential neighborhood to the South. Gerry Centcr, representative, outlined the characteristics of the area. There is a 16 foot alley to the South of the property which would act as a buffer to the residential area. and the builder proposes a living fence along the South edge of the property. The operation would be open 24 hours a day. seven days a week. Cecil Curtsinger, developer, pointed out that the settling pond depicted on the plan is incorrectly located and access to Venus or Mars can be gained by use of the alley to the South. The Building Official stated the alley is a dedicated alley, though unimproved. In response to a question, Mr. Curtsinger stated the 15 foot access easement shown on the drawing is on the property itself not the dedicated alley. Several citizens spoke in opposition citing noise, continuous hours of operation, and hazardous driving conditions in the area. A petition bearing 18 signatures in opposition was read into the record. In rebuttal, Cecil Curtsinger stated the building will cost $100.000 to construct. The primary reason for operating 24 hours a day is a matter of security since the lighting would deter vandalism and, since it is a self-service facility, it would be di,fficul t to limit usage. Considerable discussion ensued regarding the 24 hour operation of this facility, and Gerry Center and Cecil Curtsinger both stated it would be practically impossible to restrict the hours. Upon consideration of the appeal of Dr. Raymond Center from the decision of -.the Building Official concerning a special exception '.- ;,:~~.,,:.,:.. : I ~" , .' . .'.' ~:-;.: ~:!,:~':{.:~~~,' ,::';" s. ' :~ l'.~; :~. ~.;: ;'." ,', . ~ . '", T t'.' ,-'> ,.~. . t'<!'~ _ :':.::'{ ,;-0'. ':\:.0;.; . ,", '. ~. ..