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05/10/1979 "IY-' .1 ' , . ",I .. I . ~.~ , . .I,r , .........H .f.o;";~..l i'"~I...... . . 3 Inr BOARD OF ADJUSTMENT AND APPEAL ON ZONING May 10, 1979 Members present: Frank Donnell, Chairman Harold J. House, Vice-Chairman Wade H. Gans Frank H. Morris, Jr.. Absent (Approved) Lee Regulski Also present: Syd Snair, Building Official David Healey, Planning Director Thomas A. Rustin, City Attorney Sue Lamkin, Assistant City Clerk The meeting was called to order by the Chairman at 3 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and announced the request of Roger Golomb for a special exception to construct a medical office. The BuildinR Official noted the site is at the northeast corner of Madison Avenue, an unimproved street, and Druid Road. The Planning Official called the Board's attention to the criteria set forth in Section 35.09 (8) (h). Bob Starr, architect representing the applicant t displayed a preliminary site plan indicating provisions for 12 parking spaces and stated the medical office would be desiRned on a low-profile residential scale. The topography of the location requires the building to be placed as shown on the plan. No one spoke in objection. Upon consideration of the appeal of RORer Golomb from the decision of the Building Official concerning a special excep- tion to construct a medical office on Lots 19 and 20, Block B-6, Maryland Subdivision, which property is located at 1122 Druid Road and is zoned RM-28 (High density multi-family), 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. Gans moved that said appeal be ~ranted in accordance with the application submitted therewith, with the provision that plans and reSUlting building be in substantial conformity wi.th the preliminary site plan shown, and with the further provision that the right to obtain a use permit in accordance with said special exception shall cease atter six (6) months from this date. Mr. Regulski seconded the motion which carried unanimously. '~ -va e . ..\ ..': n ...' >', . ". :ff/:>\'~:'.?; ::~:,ir:::<.',', <..ii ;:/.... \. I':"" . . t\.. " f:.."., . . ,..... .\ ~:%'.~'{?{N;?;::))'\i</:!",./~\:':'..>: :,':., 1. 5/10/79 . :,!.,~, ,. :'i:: :~}":1 ;.:t,. :.::. ':/.:"f(::/' .~'.:';' :;(~~..! . . f ,-" h", " . c~.... ..' I I ~'t' $.< .' . I n' , ~ ... , ' 'I" .t',. 'I :' ..! ~~ > ...:: ,1 , .". ~ '. 359 o ITEM '2 - Request of Mary L. Ford (Hancox Leasing Corpora- tion) for a special exception for a storage warehouse. The Chairman advised the Board processing of the applica- tion revealed that Hancox Leasing Corporation is the record owner, and the representative, John H. Ford, is president of that corporation. The Planning Official expressed concern over the location of the 5 storage units shown on the southeast corner of the property behind the existing office building. John Ford stated the plan provided for the minimal number of units in relation to the size of the property and adequate ingress and egress. The units would be rented with no night- time operation. Discussion ensued concerning trash disposal and parking. The Traffic Engineer will review a specific parking plan. Upon consideration of the appeal of Mary L. Ford (Hancox Leasing Corporation) from the decision of the Building Official concerning a special exception to build a storage warehouse on Lots 13 and 14, Block E, Pinebrook Subdivision Unit 2, which property is located at 1201 N. Betty Lane 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. Regulski moved that said appeal be granted in accordance with the appli- cation submitted therewith, with the provision that the right to obtain a use permit in accordance with said special exception shall cease after six (6) months from this date. Mr. House seconded the motion. Mr. Regulski moved to amend his motion to require that adequate trash disposal be provided. The amended motion carried unanimously. ITEM #3 - Request of Nancy Darling for a side setback vari- ance. The Building Official stated the applicant plans to convert a single-family residence into a triplex. The existing carport will be enclosed for use as a storage area and will be attached to the main building. This change requires an extensive vari- ance. " The Planning Official expressed concerns on the variance requested and the inconsistency of the request with the compre~ hensiveplan, ,~hich depicts this property as a low-density residential area. The proposed rezoning of Phase I of the South Greenwood area designates zoning for this property as ml- B. The request for 3 units exceeds the density allowed under that zoning. ' . ~. ,\,' ' 2. 5/10/79 ",' 'j .' , ,.LP.'~'_. ".:~'f'~ ,# ~ .~.~. _." u . :':~'~':?r\~;';~ . . \ " ~". .. l .~~~ , ,'.' ' "," ,'/ ".. ~ '", I\~ /,~.,~ :':'"'f.',;.,'Ui.~'w.;t.~rr ~ ."" '~';""f.""',~t::r;:~.t:Im. ~~~~ -~~~,~".H""~~:r:"~~~ .' j" c I ~ " .' I,' " . ~ I .. . '. . , , . ~_,,~lLttJi~~~j~i......ll~:;t~l~L";'~' w"....~~'..:.~.....r...::~...... .i.I..",..J.-ol.'''~.~ ,. .~~~ ~ .~.... ,I". ..... ~ 'V Nancy DarlinR stated she wishes to convert the building to 3 apartments to provide an income for herself, and the conver- sion would mean an upgrading of the property, which she feels the neighborllood would support. Approved parking will be pro- vided by 5 parking spaces at the rear of the property, with access on the north side of the building. Discussion ensued concerning required setbacks were the carport to remain as is, but Mrs. Darling stated she wants to provide laundry facilities for the tenants as well as herself. No one spoke in opposition. Upon consideration of the appeal of Nancy Darling from the decision of the Building Official concerning the request for a side setback variance to permit mUlti-family use upon Lots 6, 1 and 8, Block 3, Magnolia Heights Subdivision, which property is located at 1006 S. Prospect and is zoned RM-28 (High 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 ordinance, 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 nfter six (6) months from this date. Mr. House seconded the motion which carried unanimously. ITEM '4 - Request of R.A. Coker for a special exception to store automobiles. The Building Official stated the Fire Marshall had been consulted concerning parking of vehicles in this area. He stated there was no fire hazard involved. \I The Planning Official stated this South Greenwood area is also being considered for rezoning to RM-8 as it is residential in nature, and this usage is in direct conflict with the goals which have been established. The Building Official stated cars are currently being parked on the property without a permit, and the Building Depart- ment advised the applicant a special exception would be required to continue this usage. R.A. Coker stated he needs to park automobiles at this location because space is not available at his principal place of business at 1451 S. Fort Harrison Avenue. He fenced the front of the property at the time of purchase and proposes to plant shrubbery in front to screen the automobiles from public view. . " ,\ . ,t .\ I: . ....,. :.'... ;, ~ l " .c~ 1.". . ( , ~i\:~;'.: ,,:::..:.,. }}:':~.:',.'</.;:,;' 3. 5/10/79 . : , ,i " lL ~ : ',' ..: '=".'.~ ," .: ' :?J"'~ r .~.. '.-. 35ft '. .. Dan Eberlce, area property owner, spoke in objection and Jack Gilbert, Executivo Director of Clearwater Neighborhood Housing Services, stated the usage is contrary to the land use objectives for the area. He reviewed the considerable efforts and money expended to upgrade the neighborhood. A petition bearing 10 signatures opposing the application was read into the record. ([) In rebuttal, Mr. Coker pointed out that there are business operations to the south and to the north of him, and his pro- posed use would be no more detrimental to the neighborhood than others in the area. Upon consideration of the appeal of R.A. Coker from the decision of the Building Official concerning a special excep- tion to permit temporary storage of automobiles (no repairing) and approval of a screen planting on Lot 6, P.C. Wells Subdivi- sion, which property is located at 1540 S. Myrtle Avenue and is zoned CG (General business), it appearing, after this duly con- stituted public hearing, that the proposed use is not consistent with the general zoning plan and with the puhlic interest, Mr. Gans moved that said appeal be denied. Mr. House seconded the motion which carried unanimously. Tho applicant was advised of his right to appeal to the City Commission within ten (10) days. ITEM 15 - Request of Larry Wilson for a setback variance. (t Ted Shur of Coral Pools, Inc., representing the explained this is a double-frontage lot with a fence property line allowing no access to Landmark Drive. ance is needed to allow full use of the property. No one spoke in opposition. Upon consideration of the appeal of Larry Wilson from the decision of the Building Official concerning the request for a setback variance to permit pool construction upon Lot IS, Block F, Northwood Estates, which property is located at 2588 Brandywine and is zoned RS-60 (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 tbe 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. House moved that such appeal be granted in accordance with the application submitted there- witli, 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. Regulski seconded the motion which carried unanimously. applicant, on the The vari- :t' ",.;t 4. 5/10/79 ';} ,! ' ", TO' ::~ c. ~ '. .- -......~~ ...~..~ ~Ft. .~ "". .. ,I,',. " : ~ 1 . . L ~ ~. ' ~ ~" " . ,.. .< > "',' -J~l<t".: "_ ! ~~ " '. ~~. ~." 357 r" ,,' ". ,j. ~ ~ -, ~': . ! .+: . \ ',f" ~ " " . . o ~ ITEM 16 - Request of John Pierson for a special exception. The Building Official stated the parking plan has been approved by the Traffic Engineer with a change in curb cuts. The Planning Official advised this property is also scheduled for rezoning at a lesser density than RM-28 and, if approved, medical offices would not be permitted. Doctor John Pierson stated there are several doctors' offices located in the area, the property faces Sunshine Mall, and there is heavy traffic which makes it an undesirable residential area. This use would be an improvement because the buildings will be remodeled. No one spoke in opposition. Upon consideration of the appeal of John Pierson from the decision of the Building Official concerning a special excep- tion to use 2 existing buildings as physicians' offices on Lots 5, 6, 7 and 8, and the east 75 feet of Lots 9 and 10, Block 6, Magnolia Heights Subdivisiont which property is located at 1106 and 1112 S. Greenwood Avenue and is zoned RM-28 (High density multi-family), it appearin~, after this duly constituted public hearing, that the proposed use is con- sistent with the general zoning plan and with the public inter- est, Mr. Gans moved that said appeal be granted in accordance with the application submitted therewith, with the provision the site be developed in substantial compliance with the site plan submitted, and with the further 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. Regulski seconded the motion which carried unanimously. ITEM '7 - Request of Wentwood Development Corporation for a fence variance. ,e The Planning Official suggested the Board require access through the fence for maintenance purposes. Irving Green, representative, stated the fence is needed to buffer the lots from McMullen-Booth Road. A portion of the two lots was deeded to the County for expansion of that right-of-way. The 6 foot portion of the fence will be set back 25 feet from Chamblee Lane, causing no impairment of vision at the inter- section. The fence will be a combination of cement block and stucco, interspersed with wood. No one spoke in opposition. Upon consideration of the appeal of Wentwood Development Corporation from the decision of the Building Official concerning the request for a variance to erect a 6 foot fence in building setback aroa on McMullen-Booth Road right-af-way upon Lots 22 and 25 and the east 30 feet of Lots 23 and 24, Bordeaux Estates, ~hich prope'rty is located at 3106 and 3101 Chamblee Lane and is , , <. /:. ,~ , 5. 1 5/10/79 ,.t'.. .' '. " . " 'l . . " ..1", 35fo I /. . \; I ..... ~, "'r."'~l':'''~~~.t.~. ' 'IIJ1Mfa ~~~ . ,~J . .i <',\ \:. '. . ~ l .' , " . .. ''. , ., :1' ".:1. ,.