06/12/1979
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
July 12, 1979
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Members present:
Frank Donnell, Chairman
Harold J. House, Vice Chairman
Wade H. Gans
Frank II. Harris, Jr.
Lee Regulski
Also present:
David Healey, Planning Director
John Richter, Planning Official
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 Neeting Room in City lIall. lie outlined the
procedures and announced the request of Paul HcGann for a fence
variance.
The Planning Director stated he would reserve the right
to comment.
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Paul McGann stated the fence is needed for privacy for
the family and full use of the property. He reported there
was a mistake on the drawing submitted with the application
and made a correction to show the fence protruding from the
lanai rather than the front of the dwelling. He submitted
pictures depicting the proposed fence with 3, 10, 15 and 25
feet setbacks for the record.
Mary Alice Mista1, 2647 Augusta Drive North, spoke in
support of the application and submitted a petition of no
opposition bearing 18 signatures.
Elmer Blair. George Cook and Margaret Cook spoke in
opposition and submitted a petition of opposition bearing 10
signatures.
Discussion ensued concerning the possibility of granting
a lesser setback on Countryside Boulevard.
Upon consideration of the appeal of Paul McGann from the
decision of the Building Official concerning the request for
a variance to erect a 6 foot fence upon Lot 138, Clubhouse of
Countryside. Unit 3. which property is located at 2654 Augusta
Drive North and is zoned RS-75 (Single-family residential). it
appearing, after this duly constituted public hearing, that
there are not such practical difficulties or unnecessary hard-
ships in the way of carrying out the strict letter of the pro-
visions of the zoning ordinance as it affects such property as
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7/12/79
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Mr. Cregg responded no, but after consulting with the
architect. he advised they could accept a 15 foot setback in
lieu of the 10 requested.
The City Attorney advised the motion could be changed
to permit a lesser variance, at the Board's discretion.
Mr. Gans withdrew his second to the motion, whereupon
f>lr. House seconded the motion.
Upon the vote being taken, Messrs. Regulski and I~usc
voted IIAyelt; Messrs. Donnell, Morris and Gans voted "Nay."
Motion to deny failed.
Upon consideration of the appeal of Charles Falkenberg
from the decision of the Building Official concerning the
request for vista side setback variances to construct town-
houses upon Lots 37, 38 and 39. Island Estates Unit SA, which
property is located at 210-230 Skiff Point Road and is zoned
CTF-28 (High density 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 sucti
appeal be ~ranted in accordance with the application submitted
therewith, with the provision that the side setback be 15 feet
on each side instead of the 30 feet required by the ordinance~
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. Rcgulski seconded
the motion which carried unanimously.
The applicant wns advised of his right to appeal to the
City Commission within ten (10) days.
ITEM #4 - Request of Talmadge Rutledge for a variance.
John Richter, Planning Official. stated the proposal
would'create too intense a usage of the property for the size
of the lot, and further questioned the maneuverability allO\ied
if four parking spaces were provided. He suggested perhaps
the laundromat without the sales building would be a more
app~opriatc uso.
Talmadge Rutledge stated the Traffic Engineering and
Building Departments had made the recommendations on the parking
and pointed out that most of the anticipated business activity
would be walk-in business rather than drive~in.
David Healey, Planning Director, reminded the Board it
was their privilege to approve any application contingent upon
approval of parking by the Traffic Engineer.
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Leroy Smith, 1101 North Greenwood, spoke in support of the
application.
Upon consideration of the appeal of Talmadge Rutledge
from the decision of the Building Official concerning the
request for a variance of parking spaces to allow construction
of a laundromat and retail sales building upon Lot 33, Block F.
Greenwood Park 112, which property is located at 1111 North
Greenwood Avenue and is zoned CG (General business), it
appearing. after this duly constituted public hearing, that
there arc 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 ,'lith the general purposes
and intent of the zoning ordinance, Mr. Morris moved that
such appeal be granted in accordance with the application
submitted there\.,rith, to allow for the number of spaces as
required by the Traffic Engineer of the City of Clearwater
with the provision that the right to obtain a buildinn permit
in accordance with such variance shall cease after six (6)
months from this date. ?>tr. Rcgulski seconded the motion which
carried unanimously.
ITEM HS - Request of Sand Key Properties, Inc. for a
variance.
Mr. House moved to postpone this Item for 60 days at the
request of the applicant. ~fr. ?>torris seconded the motion which
carried unanimously.
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ITm! #6 - Appeal of Roy Driver regarding a tree removal
request.
Mike Campbell, City Forester, stated his qualifications
for the record and reviewed the history of the request for
a tree removal permit. The tree docs lean slightly, but the
appearance of leaning is due largely to a curvature in the
stem as evidenced by the photograph submitted for the record.
The tree is healthy in all respects, has good form and is free
of any disease. In his opinion it poses no hazard to the
adjacent property. It is estimated this tree might have a
root system of 15 feet.
In response to a question, the City Attorney referred to
Section 23(a)(7), which sets forth the criteria for removal
of a heal~hy tree.
Roy Driver reported his neighbor. Roy Zschiesche, had
asked that the tree be removed because it is leaning toward
his house and he is very concerned about possible damage.
Mr. Driver stated he had not noticed the leaning' until this
year.
Discussion ensued concerning the feasibility of replace-
ment plantings if this tree were removed. Mr. Campbell reported
the estimated replacement value is $997.00 and he suspects the
owner would not be interested at this figure.
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1/12/79
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