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04/12/1979 " , '. " .) ~r ~ '~ I '.\ "'~. .~. . . . -:. -... ,1 . . ;( \\ , . ., .' .. ,r, __.....U-,~........t....'C.~;:<~....../.4~,:t.~ ~~ BOARD or ADJUSTNENT AND APPEAL ON ZONING April 12, 1979 ' 1;0\ ~ Members present: Frank Donnell, Chairman Harold J. House, Vice-Chairman Wade H. Gans Frank H. Morris, Jr. Lee Regulski Also present: Syd Snair, Building Official David Healey, Planning Director Thomas A. 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 Neeting Room in City Ilall. He outlined the procedures and announced the request of Bay Ilouse Condominium for a special excep- tion to construct a Type A Marina, continued from March 22, 1979. Fred Noa, Vice-President of the Association, read letters of authorization for the Bay House Condominium Association~ and an ex. cerpt from the condominium documentt which details the authority of the association officers, and presented them to the Clerk for the record. ^ petition in objection bearing 16 signatures was presented to the Clerk. - Considerable discussion ensued concerning the powers of the Board and the City Attorney advised the Board to consider only the require- ments as set forth in Section 35.09(7) and avoid becoming involved in a private dispute. Upon consideration of the appeal of Bay House Condominium from the decision of the Building Official concerning a special exception to construct a Type ^ Marina for condominium owners on Island Estates of Clearwater in Section 5-29-l5. which property is located at 644 Island Way and is zoned CTF-28 (lligh-densityCommercial Tourist Facil- ities), 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. Guns moved that said appeal be granted in accordance with th~ application submitted therewith, with the provision that the right to obtain a building pcrmit in accordance with said special oxception shall cease after six (6) months from this date. ~{r. House seconded the motion which carried unanimously. The citizeris in the audicnce were ~dvised of thcir righi to appeal the decision to the City Commission within ten (lO) days . ITEM N2 ~ Request of William Callahan for thrce variances. "" " The Planning Director recommonded the Board , ~: ;'. whi~h calls for practical difficulty or hardship :;,.;:, ,,' '~". mere, convenience or privilege. ~~~:~iit;X:":.,:" " '1. review Section 35.09 rather than one of \ \ r 4/12/79 ,.,.~ ~: .,': c ~. c , ..' I.," , ., .~;" " ... ..... , ',r " '\, .' ' ~ ~-",~~.....:,...~.'..') ~ :.... J. . ~ ~. ~ William Callahan stated he needed the setbacks in order to enjoy full use of his corner lot property. The Traffic Engineer has ex- pressed no objection to the plan. The lot coverage variance was discussed and the applicant was asked to modify his plan, either by adding a second story or reducing the patio area. Nr. Callahan stated he prefers to live on the ground floor to avoid having stairs to climb, and that he could elect to build a two-car garage to reduce the lot coverage. A height variance is needed to permit construction of a cupola, which blends in with the oriental flavor of the design and would pro- vide a vantage point from which to enjoy the sunsets. Ron Schultz, an adjacent property owner, expressed no objection to the setback and lot coverage variancesJ stating the cost of pro- perty on Clearwater Beach docs seem to require some modification of the Code to allow construction whi~h will justify that cost. One letter of opposition was read into the record. No one spoke in opposition. The Chairman called for 3 separate motions. 1. Upon consideration of the appeal of William Callahan from the decision of the Building Official concerning the request for setback variances from 12 to 16 feet on Island Drive upon Lot 4, Block 62, Mandalny Subdivision, l"hich property is located at the southeast corner of Eldorado Avenue and Island Drive and is zoned ,RS-SO (Single-family residential), i.t appearing, after this duly con- stituted public hearing, tllnt 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 harmony with the general purposes and intent of the zoning ordinnnce, l-Ir. lIous c moved that such ,appeal be grantod in accordance with the application submitted therewith, wit6 ttie provision that the right to obtain a building permit in accordance with such variunce shall cense after six (6) months from this date. Mr. Morris seconded the motion. t) Upon the vote being taken, Messrs. Donnell, Gans, House, and Morris voted "Aye"; Mr. Regulski voted "Nay". Notion carried. , 2. Upon consideration of the appeal of William Callahan from the decision of the Building Official concerning the request for a variance,of 5.51% in lot coverage upon the same property described abovoJ it appearing, after this duly constituted public hearing, that there ore 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 thc same can be varied in harmony with the gcneral purposes and intent of the zoning ordinance, Mr. Gans moved that such appeal be granted in ac- cordance with the application submitted therewith, with the provision that the right to obtain a building permit in accordance with such varian~c shall censc after six (6) months from this date. Mr. House seconded'themotion. "'1 } , . . . ~ .' 'f,.:' 2. 4/12/79 " > '. -. ":". of . > ~. ( '. '. h ,'. . ' ", . ~ " ~ , ~- " .. ,. .~.:. ,( '.". .. .........,.,'".~... .""'r<\~ ..... .,.~~. ..;....'.. -.....~..<....~ "...>'''_4...........4...~ c......~_."'-.d ... \........-.; 3~g Upon the vote being taken, Messrs. llonnell, Gans, and House voted trAye"; Messrs. Morris and Rcgulski voted "Nayll. ~{otion carried. 3. Upon consideration of the appeal of William Callahan from the decision of the Building Official concerning the request for a variance of 3 feet 9 inches in building height upon the same property described above, it appearinr., after this duly constituted public hearing, that there aTe not such practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provi~ sions of the zoning ordinance as it affects such property as would justify a variance o~ such provisions and that the same cannot be varied in harmony with the general purpose and intent of the zoning ordinance, Nr. Gsns moved that such appeal be denied. Mr. House seconded the motion which carried unanimously. The applicant ,.,as advised of his right to appeal to the City Commission within ten (10) days. ITEM "3 - Request of Sand Key Properties, Inc. for a variance to permit occupancy of a motor home. The Building Official stated parking of a motor home in a mf-2B Zone is not prohibited, but temporary or permanent occupancy i~ in any area other than a mobile home park. The City Attorney called the Board's attention to the last paragraph and last sentence of Section 35.09(5), and urged the Board to keep the requirements in mind us they review the case. Christopher Kal1ivokas, representative of Sand Key Properties, Inc., outlined the difficulties experienced with this property and stated the use of the motor home \"ould discourage vandalism and protect children trcspassing on the property. Their security personnel currently occupy an apartment on an adjacent property. Upon consideration of the appeal of Sand Key Properties, Inc. from the decision of the BUilding Official concerning the request for a variunce to permit occupancy of a motor home for security purposes upon a tract of land west of Gulf Boulevard in the southwest quarter (SW 1/4) of Section 17-29-15 and the northwest quarter (NW 1/4) of Section 20-29-l5 also known as Landmark Towers. which property is located at l230 Gulf Boulcvard and is zoned RM~28 (lIigh-density ~tulti-family), it appearing, after this duly constituted public hearing, that therc arc not such practical difficulties or unnecessary 'hardsl\ips in the way of carrying out the strict letter of the provi- sions of the zoning ordinance as it affects such property as would justify a variance of such provisions and that the samc cannot be varied in harmony with the general purpose and intent of the zoning ordinance, Mr. Regulski moved that such appeal be denied, stating this would establish a dangerous precedent. Mr. Morris seconded the motion which carried unanimously. The applicant \'1ns advised of his right to appeal to the City Commi~sion within ten (10) days. ITEM f4 - Request of Bcrnnrd F. Powell (Donaldson Homes, Optionee) fOT, a special exception. B w t ~ ,e' . . . '. 3. ~ /12/7 9 ...' ".~ . ,..~. ~ '\ ') . ~ . : \::..,:i .: . ':',' ~ , , . '.. "1 ' ~ ' 'r" ~ .\ r< .. , , .110... ..'~ , ' . , ... , " , . ~ '. ";, . , 1 " '" -/. ' $' @~" ,. . o-,il, 'e" t '1 '. " .J " .! ' ._.~ .".'I,~:.~ J'. ~'1. :~ . ..I ,~ c,_ The Planning Director pointed out the question before the Board is the appropriateness of the use in an AL district based on guide- lines and criteria set forth in Section 29.05. Phil Evans, Vice-President of Donaldson Homes, displayed an aerial- of the proposed development and explained their preference for this location as opposed to a more northerly location, citin~ heavy construc- tion traffic. There will be no dock involved as the yacht would be moored along the seawall. The Harbormaster, Traffic Engineer, and County Officials expressed no objection. lie stated use of a yacht for a sales office is innovative and will be helpful in their sales promotion. In response, the City Attorney advised the Board has the authority under Section 29.05 to grant the special exception if the request meets the criteria set forth, but pointed out the applicant might have a problem with Section 6-20 of the Code relating to public anchorage. The Planning Director stated the application fails to meet the requirements for a special exception 11nder Section 35.09(7), and the proposed use is inconsistent with the criteria set forth for an AL Zone. The site will have two additional access points on a narrow strip of land on a busy highway with insufficient parking area that would extend onto the public right-of-\my. Rezoning of the property has not been established, the Community Impact Statement has not been approved, and the site plan and subdivision plat have not been approved for the first phase. lbe location for a sales office is inappropriate hecause of the increased traffic created by prospective huyers traveling hack and forth between the sales office and the site. Phil Evans stated one boat moored between a marina to the north of the site and a public marina to the south should create no problem. A screening hedge would encroach on the public right-of-way a maximum of two feet. A maximum of eight cars at a given time is anticipated due to the purchase price of the luxury condominium units. One letter of opposition was read into the record. No one spoke in opposition. Upon consideration of the appeal of Bernard F. Powell (Donaldson Ilomes, Optionee) from the deciiion of the Building Official concerning a special exception to use a moored yacht as a sales office adjacent to the narrow strip of land cast of Gulf Boulevard and extending north 686 feet more or less from Clearwater City limits of Governm~nt Lot 1 in Section 30"29-15 and is zoned CG (General nusiness) and AL (Aquatic ',Lands), 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. House moved that said appeal be denied. Mr. Gansseconded the motion. Upon the vote being taken, Messrs. Donnell, House, Gans, and Regulski voted "Aye'! j Nr. Norris voted "Naytl. Request denied. The applicant was advised of his right to appeal to the City Commission ,'Ii thin ten (10) days. Petrofina of Texas for a special facility. ITEM 1#5 - Request of American ,exc~ption fo~ an automotive repair [;\:?~;,;~/.,::!:,' '" '" 4 . ,.. 4/12/79 "," ..... , , \ c .~. ~,' . .\ :~. f: t. .' :\\ ~. . ~. ' ,. ':: :':~'~'.: :~~~.. ..............,./...,......:.~ :,. . j' ,.c <' ~ < c, '.... " , .'. ,:,."~,l':'M:.;.~~"'I:.~_. "11i::rr.:_.~~ ': <" .~,,~ _ .S~ "l : ~ ,'.' , , '\. I ~ t .~. . :f 'J ' , " ' .'1 . ~ . " ,', ,.' . ',:, --'-1I~u-~~.....~:~;;.:::l:..t.1~~'", ....~~....."' . ~ '.T...........-<... ,", Mr. House moved to amend the motion to provide hours of operation would be from 8:00 a.m. to 6:00 p.m. Monday through Saturday, with no vehicles needing repair to be stored outside overnight. The amended motion carried unanimously. ITEM #6 - Request of Thomas IIuse for a side setback variance. 1bomas Iluse explained the variance is needed to construct a pool enclosure for security of family and neighborhood children, which the existing privacy fence does not provide. Discussion ensued concerning a lesser variance, but Mr. Huse stated that would create a hazard for swimmers in the event of an emergency. John Colemant owner of West Coast Awning Company, spoke in support of the application pointing out that the enclosure is made completely of screening and thus does not obstruct anyone's vista. Carole L. Schroeter, adjacent property owner, spoke in objection. ~fr. l'luse replied that the five foot fence between his property and that of Ms. Schroeter is located just six inches from the property line. ' e Upon consideration of the appeal of Thomas Huse from the decision of the Building Official concerning the request for a side setback variance to construct a pool screen enclosure upon Lot 6, CollcRe lIi1l Park Subdivision, which property is located at 1866 Emory Drive and is zoned RS-75 (Single-family residential), it appearing, after this duly constituted public hearing, that there arc practical diffi- culties or unnecessary hardships in the wa.y 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. !louse moved that' s~ch appeal:be grunied ~n accordance with the application submitted . t T! : >;/,'" ,:'::~j:'.<','>/ "', J,> .".'.:...:' s.. 4/12/79 " . . ~ I . '.... . . ," ;. ~\ .. { \ .. . ~:~ . , ~.: ,..,..: , 't'..JW~.\ ,11~ ' ,".' .~ ~ .,~ ~ ';J ~-. ,~i;\ ~ . . ,J .i' \ I ~ I ~" \ I .' ~ ," ."..,. , ' , , t " ~ ',', .....~ . ...~.l... ~ :" .." .. ~ .,' therewith, with the provision that the right to obtain a building permit in accord~nce with such variance shall cease after six (6) months from this date. Mr. Gans seconded the motion. @." \' <I '.... Upon the vote being taken, ~ressrs. Donnell, Gans, House, and Morris voted "Aye"; Nr. Regulski voted "Nny". Request granted. ITEM #7 - Request of Richard CopeJ Trustee, for a special excep- tion to construct a convalescent home. The Planning Director gave a brief history of the property, out- lining a previous rezoning request which had been denied. A Community Impact Statement and site plan had been submitted with the request for rezoning and the Resource Development Committee recommended approval of the impact statement. The City Commission approved the impact statement without addressing the issue of proper zoning. The zoning was changed to ISP on AprilS, 1979. Sandy Llovcras, Engineer representing the applicant, displayed a site plan of the project, locating the proposed 120-bed facility on the parcel. Many new features have been incorporated in its design. He detailed the considerable property-line setbacks and stated land- scaping and buffering would be done in accordance with City require- ments. fA) No one spoke in opposition. Upon consideration of the appeal of Richard Cope, Trustee, from the decision of the Building Official concerning a special exception to permit construction of a convalescent home beginning at the south- east corner of the northwest quarter, run north 50 feet, west approxi- mately 650 feet to the point of beginning, north 600 feet, east 320 feet, south 600 feet, west 320 feet to the point of beginning, which property is located on the north side of Sunset Point Road approxi- mately 300 feet west of Hercules Avenue and is zoned ISP (Institutional Semi-Public), 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. Regulski moved that said appeal be granted in accordance 1\'i th the application submitted therewith, 1\'1 th the provision that the right to obtain a building permit in accordance with said special exception shall cease after six (6) months from this dato. Mr.,t~rris seconded the motion which carried unanimously. NEW BUSINESS - On September 14, 1978, Vicki Williams, Valencia Park Unit "1, Lot IS, was granted a variance for an accessory building. The :time for obtaining a building permit was allowed to expire and Mrs. Williams is rcq~csting an extension. Mr., Gans moved that the variance granted on September 14, 1978, f~r a six (6) months period be made effective for an eight (8) months period from the date of the original application. Mr. House seconded t~e.,rnotion:which carried unanimously. I'" .' , ~':'l :' ~"~~ ,) ,'..., ~,!~ll~;; ',~i ',;";;,>;,, ',;;;:;:",;;,r' ,,' ", . ':: 6,,. ,4/12/79 . " ,:,;>.,\.::~,~.~t' . .10', "': ... ' ="'-....:"1' _ .! . I' ~, I,. " " ,I .1, I , . -..>..:... . i'" .. ~ t\ ~.:' ~ '. ': '11 . . , ' .,;. . /.' .,':.... -..Ie): ........ .i....'. . ".._. />r::rr.::u;.~~._..._ , .~"-"~..",""'P-.V'-.....>~...:;,:~.,,.l".' '. ;.~. J~'#.. ~ .__... ~._, _, ~lf3 13E~NA~D L 13 Er\I<\,, RPh. 644 Island Way Day House 102 Clearwater, Fla, 33515 1'2\ l~ Maroh 28, 1979 To 'whom it may oonoern, I offer the following information regarding the propooed pier at Bay House Condomin1um& 1~e proposed structure will be for the exclusive use ot our residents as is the rest of our property. not rent out our clubroom, swimming pool, grounds eta. We do and, have no 1ntention of doing so with any portion ot the pie:t'. It is our intention to improve our quality ot life here and to 1norease the property values. To do otherwise would be foolish on our parto primarily a residential type condominium and plan on We are keeping that situation the same. Mr. Fred Noa, vice-president of our association, is authorized to represent us and provide any other information whioh may be required. Sworn and Subscribed before me this 28th Day of ech. AD 19'79. , 4 & fl~/~..;-:: . ,"~YMUCSTAn~A.OllDAAT~.;"~'.",. --r r::,~ , ,:l ',MY cOMMiSSION VlPllfS N", 28 1980 f:' , ,< J. "~ '.> ,',": \ .... . HW Ga8AL INS. utUlWaITElS:.:"; r' ~..... '~;,. t~t~.~~it;k;;r(~i\ii.> ,;;;:~,... .:. ,.....,",'~::~f;~i:';7;;?. · z:;:J rJ;&i Bernard L. Berk, President Bay House Oondominium Assoo. (Island Point No.1) ':! ~ . .. '. ' '-' ,-l!fl. . '" ~" " O:"J: ., ..{1ll> '1 1J;'fi' :a. ;,( J,: :ifl~""':; ~~i"~l~.tt:.-Zii':\ l~~:~~~ln ~~:1-;':~"'~;.:'~ ~:'~\ ',: .fltl- ',' ......."/~ .;'0\00( ,) ~'j;; .~,.,.:1:~T....;.1,I~~::~:l"<.'~t"".); f;l~.,,:}~~...,~(tt..I,1<+~:~ ~~,:~.....,..~..~}.r .~l.,>:-~'>. ~.'. '. ""i'l.,~~a.~rJ'i'H'r"1l:<,~"!J''lh,I:~;'';'\",~",, \,,~. ....j( v'" \," . , ,. ' ",:,t':):;;::;':$':\~:~;\f.x{:':~~:;~;:~~',~~~;~,}':,\:;':..o':~'.~.~,:'l'.'::',:;~'.'...' '.',:' .~. '.'.; ""', ':: ,',.\ "'. " c_*-,,;';;}t...~t,~~;".f~tf"f,j:i,I{~:i .~+t;".~~~~~)of:r '.~ ".!/: :"';: i'.~'~ :-:",');~,'~~,?"~.h~~:~~. ~. . '. ~~:i~:~~~f"''''~~':i~.(~.v~~t.:...ry~..,:''~:~.A...~:~.,tn 11.' .... .' J. '. ',.. ,:,,~ ' ~ h~~:t:\~~:tf}'~?~:';~\~~?~~{j~ :~t.l;y~.~:'l':1-.c~}' .....,~.2''./ ~ 'cr.', ."' :,(. ,:'>.:".':"T" \ " '.. . ,. ", '.' "",.-, ~:..;..a......~, -_..~,t'~'&'~""'.ftn~.-i~~~;~ ~ ""[d.... ',>'ff"~'-LJ:,'1'.(., ' ~~.........wI""._~ _~~~ 1 \'. :~) T. . 4 . ;1<. .;.~i\.'~: ";"(::'n \'-. . ,I c,' . " " ~ . , ., . ~ . , -I. ~, '. - - .,... - ';l . . . j . " . ,\ -, '.'. f ~ ".~ "t~. '~J~:,~ ..JoJ, ~:"~tT":.. /;~,\ .... ~~>t~~ ~~ ~{r~l~~." ~~,'T~ ;;.~, ~\~~~. ,. . '.1~ '~.~~~T...~;t\..~":.;.(.f'""I' ...:...~.......~,. 'TO/. ",:t.. .1;. ~...", . . . . ~ : q ,> 1+: 'i~);.Yi;1~;:'J~:at1;'Cl:;;(,:::,l~~.~::l~::..:~t" '.~;; .. ... · "'.' ,,' .... . ~~,~'M"'t.~'! \.~t' /!i~'t;>>\" ,-" ';"c , ;,8/""'" -':,.. ',', '.. " " .' , r.rti:~.:\:~~i-'.p-:~:i~tt.~c, f\~! -~f~.-~~,...;:":/i~ 7~d: ~'p'.., ~~-:'-:~';...:.. '.- . <. > ~ ' 'f :. f '~"'7:~ ~~~: :~,t..r?\'~~~t;~~i~;~4l~.#... <, ,".' 't~+~lJ" , '. :..",.' t~ . " . ,.". ...' . ,..' __~~~ 11: ..:.w:.~_~-.," "r':~~'"'1r"..:l.tU~~ ,. , , , . ~1I!I!:'l!"\",""",.1If' ~r41ol1it~..,....~ , '.+~ ' <. 0' ,'. '. : t :.. I I' ":~:'.c ",. '. J.. 'r. ',' \, ;- ~~,~€.,,... '\ ~. ..~ :~r'. .. ~ .. 4...._ ....._ _.... + ~.~" . . .I ~'>:" . ..... ....... . :. 3985 ..r.[ .1;J5 ~ Q.. 'tiiV D. To enter into and upon the units when necessary and at as little inconvenience to the owner as possible in con- nection with such maintenance, care and preservation. E. TO insure and keep insured said condominium prop- prty in the manner set forth in the Declaration of Condominium against loss from fire and/or other casualty, and the unit owners against public liability, and to purchase such other insurance as the Board of Directors may deem advisable. F. To collect delinquent assessments by suit or otherwiRD, abate nuisances and enjoin or seck damages from the unit owners for violationfl of these By-Laws and the terms and conditions of the Declaration of condominium. G. To r.mploy and/or contract with, if deemed desirable, a maintenance contractor and/or nn apartment house man,\ger who shall maintain, service and/or J;18nage the building and related facilities, and to delegate to such contractor or n~nager such powers as may be necessary in connection with the operation of the building. To employ workmen, janitors and gardeners and to purchase supplies and equipment, to enter into contracts in connection with any of the foregoing items or for other services deemed desirable, and generally to have the powers of an apartment house manager in connection with the matters hereinbefore set forth. H. To make reasonable rules and ~egulations for the occupancy of the condominium parcels. I. To acquire and enter into agreements whereby it .. acquires leaseholds, membership, and other posllessor or use in- terests in lands or facilities whether or not contiguous to the lands of. the condominium intended to provide for the enjoyment, recreation or other use and benefit of the unit owners and to declare expenses in connection therewith to be common expenses. Section 6. compensation: Directors or Officers, as Ruch, shall receive no salary for thp.ir services. Section 7. Heetings: A. The first meeting of each Board newly elected by the members ~~all be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as 800n thereafter as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the general members' meeting, nnd immediately after the adjournment of same. . e ~4'r' ~"'-: flkua;k..nnJ ~ - 3 - :). . ~ ~I J8.1S',,-1 d_ , ~.~!i1- 1.2(}18 4.~tI.,J,."T: .9Z,..;4 .1.1"'.1 ~~~~I~Q'f.i'lf'.NS' I 2(}2 ISOM. sI.~.._ ~ ~~ 61_ t!(}()1 . ..I~;.. fiJ-,.,(.. 7l.,.,;t, .1.1T.t.s -:...~!' ~Qf.,tS.IIr .' ..; . , . , , ~; 1. :[?~~"":'i::;,;\.:,:,~:',',L:'::, ,:: ~\ II :~'r ..&....,.1....,..",. .." I iJl.:;,P;~"'i'>;":':'e' "',:,,' ,n/...., r.~~.-..T~'!.......' ~ :i'~:' " ;.-.. ~.\ .,. ~,,~ LC'. .: c. '.?--'" ~ t T~J.~ .:.~ ~~ ~:~ ~ c L, ~ :-~. , I~ '.( . ~. "<J': A~i"I6~' "" . I .J ~ i 3'1/ -'