03/22/1979
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The Building Official advised the application had been approved
by both the Matine Advisory Board and the Planning and Zoning Board.
Robert Pfeil, representntive of AM ~Iarine Company, stated he
had consulted with Jim Terry, Water and Navigation Inspector, before
selecting this location and had also discussed the matter with the
Ci ty Ilarbormaster to uevelop a plan ,,,hich '~ould be compatible with
the arca. The southerly end of the dock would be approximately 70
feet from tho southeasterly property line extended. The dock will
accommodate a maximum of B boats.
Mr. Pfeil presented an affidavit of no objection from Island
Point I.and Company, the adj acent property owner.
Edward Hamilton, 73 Midway Island, Secretary of the Island Estates
Civic Association, asked for more time to study the proposal and to
determine the possible future of the dock. The exact location of
the pier and whether or not the slips are to be for the exclusive use
of'condominium owners arc two important points which should be clari-
fied.
Frank Morrow requested answers to the following questions: 1)
what is the definition of a Type ^ marina? 2) who owns the land ad-
jacent to the proposed site? 3) is the condominium owners association
constructing the dock? 4) or is it a group of B owners ''1ho proposed
to build the dock? and 5) if so, do they have the approval of the
owners association'? He suggestecl the dock run parallel to the sea-
wall to avoid the possibility of creating a hazard.
Edwin Redmer, 361 Windward Passage, objected to the distance to
which this dock would extend across the water and stated he would pre-
fer to see it parallel to the seawall. One letter of opposition was
read into the record.
Fred Noa, Vice-President of the Board of Governors, Bay House
Condominium Association, stated a survey ,...as taken of the mmers and
only eight were interested in building n dock and in paying for it.
The Board of Governors unanimously approved construction of a dock.
Only occupants of the buildinr. will use the dock and it will be
donated to the association after a stipulated time.
Considerable discussion ensued concerning the right of only 8
condominium owners to build on association land without written evi-
dence of ' association approval.
Upon advice from the City Attorney, ~Ir. Gans moved to continue
this item to April 12, 1979, without prejudice to the applicant with
'no further hearing to be conducted, but with the applicant to provide
to th.e Board:
1. A document explaining how the condominium association took
title to the area involved.
2.
Documentation 'as to how the association functions to permit
the use of the property.
Documentation to show how the association complied with
Item '2 in relation to this application.
b,yMr. Morris.
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In response to a question, Mr. Gans suggested a copy of the deed
and by-laws be submitted and evidence as to what vote was taken to
implement this application. The Board's only concern is that the
City not be involved in granting a permit for construction on property
owned by someone else.
Upon the vote being taken, the motion to continue carried unan-
imously.
ITfV: H3 - Request of Ralph Bax for front and rear setback vari-
ances.
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Mr. Bax stated the house, as proposed, would be an asset to the
neighborhood rather than constructing a smaller house of less value
which would not require variances.
Donald Self spoke in support of the application. There was no
one to speak in opposition.
Upon consideration of the appeal of Ralph Dax from the decision
of the Building Official concerning the request for front and rear
setback variances upon Lot 1, Block D, Peale Park, which property is
located at 1103 Charles Street, southeast corner of Charles Street
and Wilson Boulevard and is zoned RS-SO (Single-family rcsidential),
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 or-
dinance as it affects such property and that the same can be varied
in harmony with the general purposes and intent of the zoning ordi-
nnnce, ~Ir. House moved that such appeal be ~rantcd in accordance
with the application submitted therewith, wlth the provision that
the right to ohtain a building permit in accordance with such vari-
ance shall cease after six (6) months from this date. Mr. Regulski
seconded the motion ,~hich carried unanimously.
ITEM H4 - Request of Robert Hronec for a fence variance.
The Planning Official asked that room be allowed for landscaping
and maintenance access if the application is granted.
Kenneth Keene, representative of Florida Fence, stated this is a
double-frontage lot and the fence is needed to allow the applicant to
use his backyard in privacy. They propose a 6 foot cypress fence
which will be compatible with others in the area. No one spoke in
opposition.
Upon consideration of the appeal of Robert Hronec from the deci-
sion of the Building Official concerning the request for a variance
to erect a 6 foot cypress fence between building setback nnd property
lines on Landmark Drive upon Lot 2, Block F, Northwood Estates Tract
C, which property is located at 2640 Brandywine Drive and is zoned
RS-60 (Single-family rcsidential), it appearing, after this duly con-
stituted public hearing, that there arc practical difficulties or un-
necessary 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 haTmony with the general purposes
and intent' of the zoning ordinance, ~fr. Gans moved that such appeal
3.
3/22/79
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be Rra~tcd in accordance with the application submitted therewitht
wi t t eprovis ion that said fence be set hack not less than three
feet from the property line with access from the property to the
property line, and 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), 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. Nr. House seconded the motion which
carried unanimously.
ITEM NS ~ Request of Hillcrest Villas (Freifeld) for north and
east setback variances to construct an accessory building.
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The Building Official advised the building has already been
erected and is in violation of setback requirements.
Richard Adcock, representative of Hillcrest Villas, stated
this is a permanent building on a concrete foundation and will be
used to house lawn maintenance equipment for the condominium. No
one spoke in opposition.
Upon consideration of the appeal of Hillcrest Villas (Freifeld)
from the decision of the Building Official concerning the request
for north and cast setback variances to construct an accessory
building upon a portion of the southeast ql1artcr (SE 1/4) of Section
31-28-16, at 2140 U.S. 19 North, which property is located approxi-
mately 300 feet west of U.S. 19, one-half (1/2) mile north of Sunset
Point Road and approximately 300 feet east of Top of the World Condo~
miniums and is zoned RM-16 (Medium density mUlti-family), 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 ordinancet Mr. Regulski
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. Gans seconded the motion which
carried unanimously.
ITEM '6 - Request of James Parsons for a fence variance.
James Parsons stated he needed the fence to provide security,
and that the Building Department and the Traffic Engineer have no
objections. He presented a letter supporting his request which was
read into the record. No one spoke in opposition.
Upon consideration of the appenl of James Parsons from the deci-
sion of the Building Official concorning the request for a variance
to erect a 4 foot chain link fence between right~of-way and building
setback upon Lot 13, Block 2, Wood Valley Unit '1, which property is
loc~ted at 2848 Edenwood Street and is zoned RS-SO (Single-family
residential), it appearing, after this duly constituted public
hearing, that there arc practical difficulties or unnecessary hard-
ships in the way of carrying out the strict letter of the provisions
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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, ~fr. House moved that such appenl 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 afteT six (6) months from this date.
Mr. Gans seconded the motion which carried unanimously.
The meeting was recessed at 4:15 p.m. and resumed at 4:20 p.m.
ITEM #7 - Request of William Georgilas for a special exception
to construct an auto body repair shop.
The Building Official stated the applicant appeared before the
Bonrd on November 30, 1978, nnd the City Commission on January 4,
1979, being denied both tiJlles. He has made extensive changes to
his plans which is the reason he is before the Board again.
The Planning Official expressed concern over the excessive
number of uses at this site.
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At the request of Willimn Georgi las, the Clerk read into the
record his letter addressed to the Donrd which outlined his new
proposal. lie exhibited drawings setting forth the changes. He
stated he believes the changes will eliminate the noise problem
b~causc the addition would be completely enclosed.
Several citizens spoke in opposition and 3' letters and a peti-
tion bearing 22 signatures in opposition were summarized for the re-
cord by the Clerk. One telephone call in opposition was recorded.
In rcbuttlll, t-tr. Georgilas questioned why Charlie Harris Pontiac
and Kenyon Dodge werc granted permits for body shops with no com-
plaints from the neighborhood, yet they are fighting his attempts
to obtain a permit. lie stated he is not doing body work now at
this location, but does have a body shop on Betty Lane. The hours
of operation for the body shop would be 9:00 a.m. to 5:00 p.m.
Monday through Friday, 9:30 a.m. to 3:00 p.m. on Saturday, with no
operation on Sunday.
Upon consideration of the appeal of William Georgilns from the
decision of the Building Official concerning a special exception to
construct an auto body repair shop to existing auto service center
starting at the southeast corner of the northeast quarter (NE 1/4)
of Section 19-29-16, run north 340 feet on centerline U.S. 19, wcst
100 feet for p.o.n., run west 175 feet~ north 200 feet, cast 175 feet,
south 200 feet to P.O.B., which property is located at the northwest
corner'of U.S. 19 and Harn Boulevard 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
dcnie~. Nr; Regulski seconded the motion.
Mr. Regulski stated he has a conflict of interest and 'will
a~stain from. voting. . A conflict of interest form is attached hereto
, and made 11 pnrt of the record.
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The motion to deny corricd unanimously with Mr. Regulski
abstaining. The applicant was advised of his right to appeal to
the City Commission within ten (10) days.
ITEM IB - Request of Michael Glisson for a fence variance.
The Building Official advised the applicant is requesting an
extension of an existing fence.
The Planning Official suggested nny fence permitted be compat-
ible to the existing fence.
Michael Glisson stated he needs the fence because his is a
corner lot and Hercules Avenue is heavily travelled. He is di-
rectly ncross the street from Frank Tack Park and the fence would
provide privacy and protection fron littering.
Six letters of support were Tend into the record. No one
spoke in opposition.
Upon consideration of the appeul of Michael Glisson from the
decision of the Building Official concerning the request for a
variance to erect a 6 foot cypress fence between building setback
and property lines on lIercules Avenue upon Lot 101, WilIQ1o/ Ridge
Replat, which property is located at 1991 Barrington Drive North
and is zoned RS-50 (Single-family residential), it appearing,
after this duly constituted public hearing, that there are prac-
tical 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
application submitted therewith, with the provision that said fence
be set back not less than three feet from the propcrty line, and
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 Ordi-
nance, with particular attention to Paragraph (4)(h), 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. I~use seconded the motion which carried unani-
mously.
ITEM H9 ~ Request of Dolphin Cove Condominiums (R. Meeks) for
a special exception to build a Type A marina.
The Planning Official requested the bank adjacent to the pro-
posed marina be stabilized if the request is granted.
William Jansen, Agent for Speeler Marine Contractors, stated
I the condominium association is his client and is paying for the
1\ construction. He presented a letter of no obj ection from High and
;Dry Marina, 202 Windward Passage. In response to a question, he
, stated there would be a minimum of 20 feet clearance between the
existing dock and the closest piling.
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Upon cons ideration of the appeal of Peter ~Iarinos from the
decision of the Building Official concerning the request for a '
variance from Somerset Street to construct an 8 unit apartment
building upon Lots 6, 1, and S, Block 1, Revised Map of Clearwater
Be,ach, 'Iwhich property is located at the northwest corner of Mandalay
. "Avenue and Somerset Street and is zoned RM-28 (High density multi~
;~ 'family), it appearing, after this duly constituted public hearing,
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Roger Meeks, Vice~President of the Dolphin Cove Condominium
Association, the Dolphin Cove Management Company, nnd the developer
spoke in support stating the dock would l)e used only by the condo-
minium owners. J~ stated the association has made application to
the Clearwater Beach Bank for a loan to construct the dock.
No one spoke in opposition.
Upon consideration of the appeal of Dolphin Cove Condominiums
from the decision of the Building Official concerning a special
exception to construct a Type A marina for condominium owners on
Lots 2, 3, 4, 5, 6, 7 and part of 8, Island Estates Unit SA,
which property is located at 2SS Dolphin Point Road and is zoned
CTr (Commerical-tourist facilities), it appearing, after this duly
constituted public hearing, that th~ proposed use is consistent with
the general zoning plan and with tho public interest, Mr. Regulski
moved that said appenl be granted in accordance with the applica-
tion submitted therewith, \l1i th the provision that the right to ob-
tain a building permit in accordance \iith said special exception
shall cease after six (6) months from this date. Mr. Gans
seconded the motion which carried unanimously.
ITEM #10 - Request of First Capital Income Properties, Ltd.
for a variance to construct a drive-in teller facility. This item
was withdrawn by the applicant.
ITEM #11 - Request of Peter Marinos for a setback variance to
construct an 8 unit apartment building.
The Building Official explained the applicant needs a greater
setback from Somerset Street, a 40 foot right-of-way, than is needed
from Mandaloy, a 60 foot right-of-way.
The Planning Official stated the Planning Department cannot
support the application because there is a greater tl\an 30% variance ('
and is not characteristic of the area despite the zoning. This
area is part of the north beach which will be considered for re-
zoning at the direction of the City Commission and the Planning and
Zoning Board.
Norris Gould, Attorney representing the applicant, submitted
photographs of the area and described the proposed construction.
There will be 8 parking spaces underneath with additional parking
available on the property to meet the requirements. Access will
be from Mandalay with exiting on Somerset, providing a smooth
traffic pattern.' Approximately 40% of the usable ground space is
involved. .
No one spoke in opposition.
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3/22/79
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