03/08/1979
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
~farch B, 1979
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W
M~mbers present:
Frank Donnell, Acting Chairman
Harold J. House
Wade ]{. Gans
Frank ll. ~iorris, Jr.
Lec: Regulski
Also present:
Syd Snair. Building Official
Mike Kenton, Planning Official
Richard Griesinger, Assistant City Attorney
Sue Lamkin. Assistant City Clerk
The meeting was called to order by the Acting Chairman at
2:30 p.m. in the Commission Meeting Room in City Hall. He outlined
the procedures and announced the request of Bay Pointe Towers, Ltd.
for a fence variance, continued from February 22. 1979.
The Planning Official stated his department met with all
concerned parties and approvnl was reached on a landscape and fence
plan.
Carlton Ward. Attorney, submitted a copy of the plan for the
record.
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Russell Hart. a resident of Clipper Cove, spoke in support of
the plan as did Miriam Lull, 270 Skiff Point, who expressed apprecia-
tion for the concern of the Doard. No one spoke in opposition.
Upon consideration of the appeal of Bay Pointe Towers. Ltd.
from the decision of the Building Official concerning the request
for a variance to construct a 6 foot fence between property line and
building setback line on Larboard Way as platted in Starboard Tower.
Clipper Cove Condominium, which property is located at 400 Island
Way and is zoned RM-28 (hi.gh density multi-family), it appearing,
after this duly constituted public hearing, that there are practical
difficulties or unnecessary hardships in t}lC 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 for a 6 foot fence and
landscaping as set out in the plan submitted today, with the pro-
vision 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.
Mr. Gans moved to amend the motion to include that the planting
plan be approved by'the Building and Planning Departments, and to be
~onsistent with, but not limited by, the criteria set forth in
".Section,33.09 of the Zoning Ordinance. with, particular attention ,to
".. P.al'ag~aph'(4) (b).' The amendment was accepted by Mr. Morris. The'
,,';"; (,'/ ",', " ,,;;'. amended motIon, carrfed unanimously.
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ITEM HZ - Request of Norman L. Riley (Jadwin) for a special
exception to do auto repair and muffler installation.
The Building Official stated there is currently an abandoned
gas station on the property and minor auto repairs were made in
the past. The proposed usage involves auto repair as a primary
function and requires approval of the Board.
Richard Cooley>> 1971 Midoccan Circle, Sarasota. Agent for
Nationwide, advised the Board the hours of operation would be from
8:00 a.m. to 5:00 p.m. Monday through Friday. 8:00 a:m. to 12:00 p.m.
on Saturday. no hours on Sunday, but no body work would be done
at this location. Tools to be used for muffler installation will
be in an enclosed area to reduce noise. Cars in the process of
repair will be stored inside the building. Those awaiting repairs
will be stored outside the building.
Discussion ensued regarding the differences between the
meanings of the terms Ilauto repairll and "auto body repair", and
the regulations concerning each, as well as trash disposal arrange-
ments.
Mr. Cooley stated it is their desirc to always maintain a ncat
and orderly appearance of the premises. He submitted 5 letters
supporting the request which were read into the record. No one
spoke in opposition.
Upon consideration of the appeal of Norman L. Riley (Jadwin)
from the decision of the Building Official concerning a special
exception to do auto repair and muffler installation on Lot 4
and the south 50 feet of Lot 3, Block D. Skycrest Terrace. 'ihich
property is located at 2014 Drew Street and zoned CG (general busi~
ness), 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 appeal be
granted with the provision the hours of operation be limited to
8:00 a~m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to
12:00 p.m. on Saturday, and with the furthcr provision that the
right to obtain a use permit in accordance with said special excep-
tion shall cease after six (6) months from this date. Mr. Morris
seconded the motion.
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Mr. Regu1ski moved to amend the motion to provide that there
will be no exterior storage of used or discarded equipment or mater-
ial unless screened from public view. The amendment was accepted
by l-lr. House and l-tr. Morris. Upon the vote being taken, the amended
motion carried unanimously.
ITE~r . 3 - Request of Winding Wood Condominium Associations for
a fence variance.
.The BUilding Official stated the applicant requests an 8 foot
high fence instead of 6 feet high as permitted by the Code.
The Pl'ann"ing Official suggested the requirement for landscaping
. be cons idered.
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James Ringer, Southwest Management. Inc., representing the
applicant, outlined a history of vandalism experienccd with the
5 foot fencc currently in place. lie stated a minimum 8-foot high
fence is needed to provide better protection. lie advised the pool
area is bounded on 3 siucs by a cyprcss swamp and faces the backs
of condominiums on the other side and feels. therefore. landscaping
is not in order. The Planning Official requested thc rccord show
the swamp is on two sides only.
No one spoke in opposition.
Upon consideration of the appeal of Winding Wood Condominium
Associations from the decision of the Building Official concerning
the request for a variance to install an 8 foot chain link fence
around a swimming pool, south of Countryside Boulevard and
southwestcrly of Winding Wood Drive in the SW quarter (1/4) of
Section Z9-28-16, which property is located ~o the rear of 271l
Foxfire Court and i~ zoned RM-8 (single-family duplex-apt. 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. Gans moved that such appeal be granted in
accordance with the application submitted therewith, with the pro-
vision 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.
11m! 1t4 ~ Request of Winifred Carlson and Albert Vellucci for
a fence variance.
The Building Official stated Brandon Avenue is undeveloped as
right-of-way and is used as a parking lot by individuals attending
(or visiting) Marymont Park. The City Commission waived the fee
for this application.
The Planning Official advised the City has no desire at this
time to incur any expense to improve this situation and the Planning
Department supports the application.
Albert Vellucci stated he desires a 6 foot shadowbox fence
along Brandon Avenue to provide privacy. Winifred Carlson wishes
to install a chain link fence to offer protection to her property.
At various times over the past few years vehicles have knocked down
sections of her fence. The City has placed telephone poles in
the area to help eliminate this problem.
Discussion ensued concerning uniform fencing for the area.
Mrs. Carlson stated she would be willing to go along with Mr.
Vellucci, heT main concern was replacement of the fence.
One letteT,in support of the application was read into the
record. .No one spoke in,opposition.
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, 1 Upon' consideration of the appeal of Winifred Carlson and Albert
\<.;;:.::':,: , .' Vellucci from .the d~cision of the Building: Official concerning the
;',/:~' '.:.. ;:,':. ; .'. request.. fa 1'. a ',varIance .to erect a.6 foot fence between building
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permit a storage yard on thc cast 100 feet of the south 115 feet of
the north 165 fcet of the west 677.5 feet of the southwest quartcr
(1/4) of Section 15-29-15, whicll property is located on the south
side of Court Strcct betwecn Grecnwood and Missouri Avenues nnd is
zoned CG (general business). it appearing, aftcr this duly consti-
tuted public hearing. that the proposed use is consistent with the
general zoning plan and with the public interest, Mr. Hcgulski
moved that said appeal be granted in accordance with tho application
submitted therewith. with the provision that the fence along
Court Street have a minimum 15 foot setback and that this setback
be used and maintained in a landscaped condition; further, that
no access from this storage yard be made to Court StreC:t. and with
the furthor provision that the right to obtain a use pcrmit in
accordance with said special exception shall cease aftcr six (6)
months from this date. Mr. House seconded the motion.
t
Upon the vote being taken. Messrs. Donnell, House, and
Regulski voted "Aye'l; Messrs. Norris and Gans voted "Nay". Request
denied as a special exccption requircs 4 affirmative votes. The
applicant was advised of his right to appeal to the City Commission
within ten (10) days.
ITEM "6 - Request of Paul Jackson for a rear setback.
The Planning Official stated this encroachment would interfc:re
with the waterfront vistas and might be objectionable to neighbors.
Paul Jackson stated he needs the screened porch of the
dimensions indicated to enjoy full use of his home and to provide
ample usable space. He presented a petition in support bearing
the signatures of 9 neighbors. No one spoke in opposition.
Upon considcration of the appeal of Paul Jac1.son from the
decision of the Building Official concerning the request for a
rear setback variance to construct an attached screen porch upon
Lot 6, Block 35, Mandalay Subdivision, which property is located
at 723 Bay Esplanadc and is zoned RS-SO (single-family residential),
it appearing, after this duly constituted public hearing, that
there arc practical difficultics 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 he
varied in harmony with the gcneral purposes and intent of the
zoning ordinance. ~Ir. ~Iorris moved that such appeal be ~ranted in
accordance with the application submitted there\'lith, with the prow
vision 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.
MINUTES ,- The Chairman presented the minutes of the meeting
of February 22, 1979, for consideration. Hearing no objection, he
declared the minutes approved in accordance with copies submitted
to each Board Nember. in writing.
NEW BUSINESS - Election of Chairman.
Mr. House nominated Mr. Donnell. seconded by Mr. Gans. Upon
the vote being called, Mr. Donnell ~as unanimously elected Chairman.
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