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02/08/1979 d ,; ", r.,....c. 1 . .I, \. ~. ...... " . ._ _~~.....'l,o "10/'.. .' :a/g BOARD OF ADJUSTMENT AND APPEAL ON ZONING February 8, 1979 ^ \;f.;!) Members present: Bdward H. Nichols, Chairman Harold J. House, Vice-Chairman Frank Donne 11 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 Roger A. Lollis for a special exception to construct an addition to a single~family dwelling. The BUilding Official reported the addition was under con- struction and as a permit had not been issued construction was stopped. Mrs~ Jill Lollis explained the addition would provide a larger living area for the family and a garage. One letter and a petition bearing 5 signatures in support of the request wcrc read into the rccord. No one spoke in oppo- sition. 'e Upon consideration of the appcal of Richard A. Lollis from the decision of the Building Official concerning a special excep~ tion to construct an addition to existing single~family dwelling on Lot 10, Block 14, Milton Park Subdivision, which property is located at 912 Tuskawilla Street and is zoned mt~28 (high density multi~family), it appearing, nfter this duly constituted public hearing, that the proposed use is consistent with the general zoninR plan and with the public interest. ~tr. House moved that said appeal be granted 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. Donnell seconded the motion which carried unanimously. ITEM ~2 ~ Request of William Skornsky: (A) For ,a special exception to construct an addition to single-family dwelling. . , The Building Official stated structural alterations to a si~ale';'falllily d'f,elling in a CG .zone "require a special exception. ~ . , . . ,/', ...tn 1. ' 2/8/79 I, .-.,..';:, j. :," l .~ , . . '1-; ". I;" . d i:' ~~. : .0,..'; .+> . > , . I . . , .~ . , ~f, l;" ~"~ .__....u.~~r'."';O"'O ~ .1 ..0 "...,.". . ......... . + :-,' 'L;/,~ '"L - ...:- , -; ~. ~"'!A ,I .\ " " -; ", . . '-~ ' " ...IIW,.~.r;..'..t. ~ ;;.:;;:..t.\,.,..",",:~' ~';:":'.L~""~;;.oOc~"~,,_ u . ........~~.~.:~t........., ... ~ ,-.::s' / r I The Planning Official expressed support for the application. William Skomsky explained the building needed extensive repairs to comply with Code requirements and he would construct the addition at the same time. No one spoke in opposition. Upon consideration of the appeal of William Skomsky from the decision of the Building Official concerning a special excep- tion to construct an addition to existing single-family dwelling on Lots 25 and 26, Block H. Belmont Second Addition, which property is located at 1000 Howard 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, witli 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 which carried unanimously. (B) For a front setback variance to permit addition to con- form with existing building line. The Planning Official pointed out that the proposed addition would be in line wi~h the existing building and this would still be set back far enough to provide ample vision at the intersection of Greenwood Avenue and Howard Street. e No one spoke in opposition. Upon consideration of the appeal of William Skomsky from the decision of the Building Official concerning the request for a front setback variance to permit addition to conform with existing building line upon Lots 25 and 26, Block E. Belmont Second Addition, which property is located at 1000 Howard Street and is zoned CG (general business), it appearing. after this duly consti- tuted 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 eRn be varied in harmony with the general purposes and intent of the zoning ordinance, Mr. Donnell moved that such appeal be sranted in accordance with the application submitted therewith, w1th 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 13 - Request of Richard L. Frank for a setback variance. The BUilding:Official pointed out the request is a wood garden enclosure outside a floor to ceiling bathroom window and wil1~ provide privacy. .,1 The Planning Official supports the enclosure as an extension of the building, but not as a free-standing fence. :,,':,~~'" ":,~:,' ~:>., '. ',. . ~~~Ni:~t\~f,N(;,:~:L::).': :~.::..:~::':,:,': ,}~., ,/ .: '.. ~ . " . ,.. '. 2. 2/8119 . . -;,::.. ~:. ~I ;.' i ,.lr .' . CC ~ ."'. " r :: ~:; ~'< : ".\ ' .... " ....,..."'~,~ I. .l '1 . \ Q " , , "J 1'.\'" , . , " ,; I;"' . . .. c '. ~ ~l" ~ '"~ ...'!-: ~u .' ." 1:,.; ____,......~~;.~~__.:~V"+~.,..J~".....~..... .N_J,':~.-''''Y''~ "'"_ ,) ::/ ) ~/~ Richard Frank. Contractor. explained the house was constructed closer to Nuggett Drive to save the trees and the fence will blend in and be stained to match the existing trim. Discussion ensued on the location of a tree near the enclosure and if the fence would be attached to the dwelling. Mr. Prank stated it will be a free-standing enclosure. Further discussion ensued on the enclosure being a fence or a wall. The Planning Official stated the Code limits fences in a residential district to 6 feet and a separate height variance will be needed. If the enclosure is treated as a part of the building, then only the setback variance is required. The Building Official stated the addition was considered as a wall as the majority of these requests are attached to the dwelling. Two letters of opposition were read into the record from owners not directly affected, and the consensus of the Board was that, had they heard the presentation, their objec- tions would have been overcome. Upon consideration of the opppeal of Richard L. Frank from the decision of the Building Official concerning the request for.. a setback variance to attach an 8 foot wood garden enclosure to ~ a single-family residence upon Lot 24, Windsor Woods SUbdivision, which property is located at the Southeast COTner of Pine Place and Nuggett Drive and is zoned RS-75 (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 accordaince with the application submitted therewith. with the provision the wall be attached to the main building and have no roof, 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. MINUTES ~ The Chairman presented the minutes of the meeting of January Z5, 1979, for cunsideration. Hearing no objection he declared the minutes approved in accordance with copies s~bmitted to each Board member in writing. NEW BUSINESS ~ The Chairman reported Teceiving a communication from the City Manager relating to a new ordinance which applies to all ~oarQs and speaks to attendance at meetings. .."An appointee to any Board may be removed by the City Manager f~r more than 3 unexcused absences in anY,12-month period and . each Board will be required to sub~it monthly reports to the .City'Manager setting forth both the excused and unexcused absences ':." '.",:of: each member, of the Board. It ~~t~~t:~;~:"::,;::;),;:.::~;~~::..:,:':~~:':",):~\:..::':'::- '.::./~:: .' . )::i\; 'i . ,: . ,- . 3 ~ .e . ,'<1,-., , '. ~~. ~.. . ~ r:~ ; . :. ~'fVI~ _ ....~! r. . (~