04/26/1979
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
April 26, 1979
Members present:
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Frank Donnell, Chairman
Harold J. House, Vice-Chairman
Wade H. Gans
-Prank H. Morris, Jr.
Lee Regulski
Also present:
(-Arrived at 4:15 p.m., absence excused)
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 Meeting Room in City Hall. He outlined the pro-
cedures and announced the request of Philip Suriano for a fence
variance.
The Building Official advised the Traffic Engineering Depart-
ment had no objections.
The Planning Official stated the request is for a front yard
setback on Lagoon Circle, although the applicant refers to it as
a renr"yard.
Sandra Suriano explained the fence would provide privacy for
the family, prevent passers-by from throwing' debris into the pool,
and deter trespassers.
Considerable discussion ensued concerning a lesser variance;
however, Mrs. Suriano reiterated their need for the full variance
to accommodate the landscaping they planned as well as full use
of their property.
One letter of support was read into the record. A letter
from Joy Goodyear, 2217 South Lagoon Circle, requested the Board
require the fence be erected with the studs placed on the owner's
side of the fence. No one spoke in opposition.
, Upon consideration of the appeal of Philip Suriano from the
decision of the Building Official concerning the request for a
variance to erect a 6 foot fence in building setback area on South
'Lagoon Circle upon Lot 33, Clearwater Manor Subdivision, which
pI'operty is located at 1711 W. Manor Avenue and is zoned RS-60
(Single-family residential), 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 pro-
perty and that the same~'~CRn be varied in harmony with the general
',purposes and intent of the. zoning ordinance, Mr. Regulski moved
that such aOPea! be granted in accordance with the application
,,:' subaitted therewith, w1th~the provisions that said fence be set
:t; \:,,',',:, ''",')'r:back Dot less th~n three feet from the property line; that a
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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);
all fences intruding into the setback area be constructed with
the outside face faCing out towards the public; 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.
Upon the vote being taken, Messrs. Donnell, House, and
Regulski voted "Aye"; Mr. Gans voted "Nay". Request granted.
ITEM 92 - Request of W. Arthur Hill for a fence variance.
The Building Official advised the Traffic Engineering
Department had no objection.
Arthur Hill explained he needs the variance because his is
a corner lot and observing the required setbacks would prevent
enjoyment of the proposed swimming pool. He displayed a drawing
showing existing fences on corner lots in his neighborhood.
Discussion ensued concerning a lesser variance and Mr. Hill
advised his plan is flexible; however, he would prefer to have
the variance as requested. He presented a letter of support
bearing 10 signatures which was read into the record. No one
spoke in opposition.
Upon consideration of the appeal of W. Arthur Hill from the
decision of the Building Official concerning the request for a
variance to erect a 6 foot fence in building setback area on
Vanderbilt Drive upon Lot 21, College Hill Park Unit I, which
property is located at 1820 Belmont Drive E. and is zoned RS-15
(Single-family residential), it appearing, after this duly con-
stituted 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 prop6rty 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 applica.
tian submitted therewith" liith the provision that said fence be
set back not less than three feet from the property line, Rnd 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.
Mr. Regulski seconded the motion which carried unanimously.
ITEM 13 - Request of City of Clearwater for a fence variance.
The Flanning Official advised this property is
of being rezoned to P (Public), but the variance is
on that portion of the property contained in Lot 9.
setback requirements in a CG zone where the balance
is loca~edt
in the process
required only
There are no
of the parcel
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Ream Wilson, Director of Parks and Recreation, representing
the applicant, advised the Board that the City Commission had
approved the development of a playfield on this property. The
6 foot fence is nceded for protection of the children who will
use the field. There will be parking space provided on the
property for persons using the playfield.
Several property owners in the area expressed objection to
the development of the playfield citing lack of parking facilities
on the beach. Jeri Audibert also spoke in opposition and sub.
mitted a petition bearing 18 signatures.
The Chairman pointed out the only issue is the request for
a fence variance as the matter of usage had already been deter.
mined by the City Commission.
Upon consideration of the appeal of City af Clearwater from
the decision of the Building Official concerning the request for
a variance to erect a 6 foot fence in building setback area on
Poinsettia Avenue and Juanita Way upon the southerly 300.78 feet
of Lot 9, Block B, Mandalay Replat of Unit 5, which property is
located between Mandalay and Poinsettia Avenues on the north
side of Juanita Way and is zoned eTF (Commercial tourist facilities)"
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
provision that said fonce be set back not less than three feet
from 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. Mr. House seconded
the motion.
Upon the vote being taken, Messrs. House, Gans, and Regulski
voted "Aye"; Mr. Donnell voted "Nay". Request granted.
The Chairman advised the citizens of their right to appeal to
the City Commission within ten (10) days.
ITEM 14 . Request of Chief Charley's Inc. Employees Pr'ofi t
Sharing Trust for setback variances.
The BUilding Official pointed out the request covers two
lots under single ownership, and the cul-de-sac is 100 feet wide.
The Planning Official expressed concern that requests for
variances aTe being made in a newly platted subdivision.
Ronald Sellier, Agent for the applicant, displayed a drawing
of the lots on the CUl-de-sac, showing a number of easements and
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