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05/24/1979 . . 'o,.~ . " 'i. .', . ~ _._...".,....-.;.j,,;,, ~~..:.~',..::.!.:.~';....: ~~'; ~,',--; ~103 BOARD OF ADJUSTMENT AND APPEAL ON ZONING May 24, 1979 Members present: Frank Donnell, Chairman Harold J. House, Vice-Chairman Wade 11. Gans Frank H. Morris, Jr. Lee Regulski Also present: Dob Howard, 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 p m. in the Commission Meeting Room in City Hall. He outlined the procedures and announced the request of Sam Cimaroli for a speci~l exception to ~onstruct a garage. The Planning Official stated the structure is a permitted use in a CG zone as a special exception and falls under the provisions of Section 23.03. He referred to the application and reminded the Board there is no obligation on the part of the City to provide the property owner the "highest and hest use" of the property, merely a reasonable and beneficial use. The structure must comply with RS-SO requirements and, in his opinion requires a variance as well. lie recommended no parking be allowed forward of the building setback already established. Sam Cimaroli outlined the history of the building and questioned the need for him to appear before the Board. He displayed a proposed parking plan. The City Attorney advised the provisions of the Code cannot be ignored even though a building permit for the existing structure, was issued without a special exception. Discussion ensued concerning the variance the Planning Official had mentioned and the location of the parking spaces. No one spoke in opposition. ~ Upon consideration of the appeal of Sam Cimaroli from the ~ decision of the Building Official concerning a special exception to add a garage to existing residence on Lots 4 through 11 "inClusive, and part of Lots 16 and 17, Block 4, Overbrook Subdi- vision, which property is located at 1379 GUlf-to-Bay Boulevard and is zoned CG (General business), it appearing, after this '.' dulyconsti tuted public hearing, that the proposed use is con- .\ " ," .,sistent with ,the general zoning plan and with the public interest, :i.~,:{Jr';i:;';~';'\:':: :),' ," 1., 5/24/79 'i/~\i.d, },dl.. "" ," ,,',I," , '.' . ,"'. '.:'" . :Il,:,~"'~; .' '. 'C'C'I'~ :":. .'J':.'r,l,"};:_. ~ r, ;:. ',: + ':~ ' ..... I; ~ U . . ~. \ I ;' ,'"," ,', ~'. . ~f ~:'<.'~ ..:. \':.':, !','~ :~: !':'~:;~~~~;;~})i::~::';:i;~~~~.:", " ' ,'. ," ~;'~'w;::., "; 'Ii :..: ... . _.' .. I : . ~ , @ o c '. ,'c . ~ ~ '" ,i' " . ,', , , ,1, I . \ ~ c', , J"," ., I' ,( '. . /' : {, . , , , " " " . It..~ M~"""".~~U.~":,j"'4:':-~:":':';~~~~~;"~(~4"t..'k.._"'~I'_' T Mr. Morris moved that said appeal be granted in accordance with the application submitted therewith, with tKe provision that the parking and access plans be submitted to the Traffic Engineer for approval, and with the further 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. Regulski seconded the motion which carried unanimously. ITEM 12 - Request of George Rollason for a rear setback variance. The Planning Official suggested the Board determine whether the proposed addition would be used as a separate dwelling unit and recommended an accessory building located close to the pro- perty line be removed. George Rollason stated he needs the additional space to accommodate guests and displayed drawings showing the addition. Discussion ensued concerning the accessory building and Mr. Rollason stated his neighbors have similar buildings. The Building Official confirmed this fact and stated the Building Department will see that all violations in the area are corrected. The Building Department monitors construction of this type to make certain separate dwelling units are not constructed in single~family areas. No one spoke in opposition. Upon consideration of the appeal of George Rollason from the decision of the Building Official concerning the request for a rear setback variance to construct a second floor addition to existing residence upon Lot 9, Glenwood Subdivision, which property is located at 1505 Maple Street and is zoned RS-SO (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 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 the right to obtain a building permit in accordance with such vari- ance shall cease after six (6) months from this date. Mr. House seconded the motion which carried unanimously. ITEM '3 - Request of Bruce Littler for front and side setback variances. Bruce Littler stated the house is aligned with the street and the seawall rather than the lot line. He displayed drawings showing the proposed addition, which will not extend heyond the existing walls. ; , l. , ,i 2. 5/24/79 " .,,' , . ~ ' "~' . ,< fl, '. .,...T..... <:', ~ .ti.cJo-"r'.~~"'''.. , T" . , ~ (\ . .~ "~'~~~i -- , .. - ~.~. ~-w;.-; : . . \ .3" ~ I, . " tt"t....~,~'. ", ... \.~ t :t1IIH . ",~' '.. ~ "I...' ...-I-..~ .~!~. ~ ........~ :" ,.". \, <,;:':':,""~\" ~'<i:,:/. , . " ," , ,,' ,'" ". , . "j' ' . , '" '. '.... .' . ", ., ~ ,..~, ,." ,';'}: , . , " ...' ""' " $':" ,. " " , " 1:," J, ,~., ..,.....~~... ......~ ' ~'. .~. ,,".., ~.....-+>........ $CPI o ~ No one spoke in opposition. Upon consideration of the appeal of Bruce 'Littler from the decision of the Building Official concerning the request for front and side sotback variances to construct a second floor addition to existing residence upon Lot 5, Block 35, Mandalay Subdivision, which property is located at 717 Bay Esplanade and is zoned RS.SO (Singlc.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 the zoning ordinance as it affects such property and that the same can he 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 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. Morris seconded the motion which carried unanimously. MINUTES . The Chairman presented the minutes of the meeting of May 10, 1979, for consideration. Hearing no objec- tion, he declared the minutes approved in accordance with copies submitted to each board member in writing. NEW BUSINESS - The Planning Official advised the City Commission is discussing alternatives for the appeal process. The Commission asked the City Attorney and the Planning Director to look into this matter. Options will be presented at the next Work Session, including some which might involve a hearing officer as the next step from this Board. The Board's expressed desire not to be the Itcourt of last resortft has not been for- gotten. Mr. Regulski questioned why so many setback violations are being encountered. He ''1as advised that many of these are so minor the violation is not discovered until the tie-in survey is made. . There being no 3:58 p.m. further business, the meeting adjourned at ;h~(~~)//.YKP_ ~~ma~J s' Attest: , ,; 't otc..U A Ci ty Clerk ~ .LAA-+-. . -Y as ,Secretary to the Board '.. " iJ~;;{::,'i'<' >,:, '/ .......\ ..' 3. 5/24/79 j , , ,,'\ L , ~, ',;., . ~,L " ~ ~ '.,111~; ~ "f' ........~... .. , ,'j; L ]e" '1,!""" 1'.. , ..,. ,;"c ;'"