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08/23/1979 o e .1 , \ . . I' \ "\ . 1 ;1' ~ . ~~., ". . " . ~'" ~ I ., ..~.._~. 3Cfl BOARD OF ADJUST~fENT AND APPEAL ON ZONING August 23, 1979 t-1embers present: Frank Donnell, Chairman Wade H. Gans Frank H. Morris, Jr. Lee Regulski Absent: Harold J. House, Vice-Chairman Also present: Syd Snair, Building Official 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 Meeting Room in City Hall. He outlined the procedures and announced the request of Bay House Condominium for a special exception, continued from July 26, 1979. The Planning Official reported the Planning and Zoning Board did not have a quorum present on August 21, 1979, and it is recommended this item be postponed to September 13, 1979, so the Planning and Zoning Board can review the appli- cation at their meeting September 11, 1979. All property owners within 200 feet will be re-notified. Mr. Regulski moved to continue the item to September 13, 1979, with no prejudice to the applicant concerning advertising costs. Mr. Gans seconded the motion which carried unanimously. , ITEM '2 - Request of Cecelia Schwartz for a special excep- tion, continued from July 26, 1979. The Planning Official pointed out the applicant would not be permitted to park recreational vehicles on this property even if the special exception is granted. Cecelia Schwartz stated there is no ingress or egress except from her property on Missouri Avenue, and the location does not lend itself to apartments. This is the only alterna- tiye use which seems appropriate,and the parking area would be used by her tenants on Missouri Avenue. John W. Jenkins, 1146 Alma Street, reported he had no objection if the parking area were paved and landscaped, even though he had signed the petition objecting to the appliw cation. One letter and a petition bearing 11 signatures o~posing ,the request were read into the record. " J' 1. 8/23/79 . ~.. ~ _1~ i. ~ ' {::~~'~~~l;i . I '. ", ~, .~ .. ',' , ........ ~ ~ ,...,,}.. r--c .... I .. + " ~, P' .. ~~- ': " ., t' ': '~>" . \. .... ! ;~? ,i' I . . c ~ .' . .:.,>,." ~~Jta;.'''J:~....'~..oj::",,,,,,,,::.t1.,.''r ......_.~.... ........ ~.< ,.~_,,"'''''', ~ ~\t ~.,.~ ...;.....:;~.. :.....'-: a In response, Mrs. Schwartz reported she had called the Clearwater Police Department for help with problems she ex~ perienced from patrons of the skating rink. The parking lot would be a great improvement because she would fence it in to keep out unauthorized persons. Considerable discussion ensued concerning the various types of surfacing material available and the definition of commercial and noncommercial off-street parking, as well as the generally run down condition currently existing. Mrs. Schwartz indicated the property would be cleaned up and maintained if this request is granted but, until the area can be fenced, it would be a constant problem. Mr. Gans moved to deny the request. Motion died for lack of a second. Upon consideration of the appeal of Cecelia Schwartz from the decision of the Building Official concerning a special exception to permit a noncommercial off-street parking lot to the rear of 1448-1456 S. Missouri Avenue on Lot 11, less the west 1ZS feet of A.H. Duncan's Subdivision, of Clara E. Duncan's Subdivision, of the east 1/2 of north~ east 1/4 of southwest 1/4 of Section 22~29-IS, which pro- perty is located 125 feet east of the east right~of-way line of Madison Avenue, directly east and 15 feet north of Harris Lane and is zoned RM-12 (Duplex~apartment), it appearing, after this duly constituted public hearing, that the pro- posed 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 application sub~ mitted therewith, with the provision that the parking area be fully improved with hard-surface paving and that appli~ cable perimeter and on-site landscaping be provided with necessary irrigation facilities for the maintenance thereof, 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. Morris seconded the motion. e Upon the vote being taken, Messrs. Donnell, Morris and Regu1ski voted "Aye"; Mr. Gans voted "Nay." Request denied. Four affirmative votes are needed to grant a special exception. The applicant was advised of her right to appeal to the City Commission within ten (10) days. ITEM '3 - Request of Raymond Parrett for a special exception. The Building Official reported there is an existing car- port and necessary off-street parking is available. Tho Planning Official stated the request conforms with all applicable regulations. ': .; .:,' .' t" " 2. 8/23/79 . :;,:.:;:~\1;:~ f.~ . .".,..'.at.~:_.':"~,~.::c~~~T'V!' .~.:~l7l" "J".......'_.~:~.....~llII""~' . - ~-.~~l.~'ft-U~ ~ I \ ... ~ . JJ " S9b -~, I l . ., I. ~. ~ " . . / ..' . . ..... " o Mr. Parrett explained he needs additional living space and will add 24' x 29' of paving to the existing 20' x 29'. No one spoke in opposition. Upon consideration of the appeal of Raymond Parrett from the decision of the BUilding Official concerning a special exception to convert existing carport into owner's additional living area on Lot 1, Homewaters Subdivision, which property is located at 1019-1021 Commodore Street and is zoned RM-28 (High density mUlti-family), it appearing, after this duly constituted public hearing, that the pro" posed use is consistent with the general zoning plan and with the public interest, Mr. Morris moved that said appeal be granted in accordance with the application submitted there- with, with the provision that the right to obtain a use permit in accordance with said special exception shall cesse after six (6) months from this date. Mr. Regulski seconded the motion which carried unanimously. ITEM '4 - Request of 440 West Condominium Association, Inc., for a parking variance. The Planning Official recommended paving in these spaces be removed if the variance is granted, with land- scaping or sod to replace it. Jack Mata, property manager for the building, presented a letter of authorization from John ~{. Laidlaw, President of 440 West Condominium, Inc., authorizing him to represent the owner. He explained the need for securing the property from unauthorized persons and stated there are 236 units in the building. A parking gate plan has been approved by the City's Traffic Engineer and, because of the intrusion of outsiders, installation of the gates will provide mOTe spaces for owners and guests than are currently available. No one spoke in opposition. Upon consideration of the appeal of 440 West Condominium Association, Inc., from the decision of the BUilding Official concerning the request for a variance to allow 339 parking spaces upon Lots 37.41 inclusive and part of Lot 36, Lloyd White Skinner Subdivision, which property is located at 450 S. Gulfview Boulevard 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 ordi- nance a5lt 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 there- w1 tll, with the provis ion that appropriate landscaping will , ;. .1 . J.; 3. 8/23/79 . .....,~:.:\. ,'~. . .~~~ '.. . '~'~.!. :~;~"1'~" ,~:!~~':J'! . .'011; ,...... ..,. .~ . . 1 \ ,/ , .~~>\\~ r, , ." ~..._....,.~ 389 ....... .'" . " " . IJ I. . ~ '! \ .... , , I . l.,I' . > I . ~. f . " ~. :....:/.: :;~; . ,': .~. ~:.i;:.~'<;:i~N . I' \ ~ .....~: t", .' i ,~'.<~.,.. . 'f .. ",:' l":'..:'ti -, "_'~., ': ,. , . ~ ", < ~ ,... .' . ..., ',:.{:'.~:~; ~ ~:; . . ,:'. ,;':c ~J\;;i'{i'~'1J.,l ',' ,...,;. {~,(. ;f~;;"~" \, "~.:.i '''.-.I''tp'\. ~":H . ;.!i'~/;~;~l-:{:~r!:,\<:r/~ . j! :.1 I' ~ ~",.' .,~~.\~..~! ~'!. r Ii-' '\""~:;~rH :.:J"';'t~';;~ ~;ll~~ir'~w '.,.< :!. ~ 1/1'>" ..c,' ~:i~'~\' ~! I ~, . I, ~r ,; ~~}:~ .. '4-- __....._...._.........-..j1-..........u..~.....j...".J:I:l;o-~~"\o-.J"..l'.'. J "'" ....... r ... . . .- , .,. '4' , ~. '.... . ..... . . 3 ~ '6 - """j i o be provided for the unused spaces resulting from installa- tion of the security facilities, and with the further pro- vision that the right to obtain a building permit in accord- ance with such variance shall cease after six (6) months from this date. Mr. Regulski seconded the motion which carried unanimously. ITEM '5 - Request of Richard Wojcieszak for a fence variance. ~0:'t:. 4 .~i:1~ .~~ .... . , . ,J, .... The Building Official reported the fence is constructed as a building permit was issued in errorl The Planning Official stated there are no other 6-foot fences on the same side of the street and, if the variance is granted~ this would be an opportunity to establish uni- formity for the area. Mrs. Charlene Wojcieszak presented a petition bearing 48 signatures in support of the application. She stated the fence was necessary to afford privacy, safety, and reduce pollution from gas fumes. She displayed photographs of the area showing existing fences and stated it would be an economic hardship to remove the fence and the setback requirements for a double-frontage lot create a hardship. She indicated a willingness to install an access gate and shrubbery on the outside. Arlene Jacoby, 2345 Hawthorne Drive, spoke in support of the application, citing eventual problems upon the ex- tention of Belcher Road. Torn Wallace, the fence contractor, stated he obtained the building permit, and the fence was under construction when he was notified that the permit was issued in error. Several citizens spoke in opposition citing an illegal fence which does not conform to the subdivision restrictions and debris collecting behind the fence. William Tripp, Assistant Building Director, stated the fence company had been advised on the Friday morning con- struction began that the building permit had been issued in error. I In rebuttal, several citizens again spoke in support of the application reiterating the changed circumstances caused by the eventual extention of Belcher Road. Al Latchford, 2301 the construction of the Friday. The applicant again referred the Board to pictures she had displayed showing the numerous fences in existence in the area. Hawthorne Drive, stated he observed fence and it was not completed on ,. ., 4. 8/23/79 ./ .~ "~!F ,..11" -:, . ~1':. .....,."..~~..- '-"'"~0. . . ' . .....);. \ . , . . . ~ ~ ~ ;..,.~ :""- ~ ~ ,,' " , , " , ../ ", 587--'1 ::"'. i Upon consideration of the appeal of Richard Wojcieszak from the decision of the Building Official concerning the request for a variance to erect a 6-foot fence in building setback area abutting Countryside Boulevard upon Lot 129, Woodgate of Countryside Unit 3, which property is located at 2307 Hawthorne Drive and is zoned RS-SO (Single-family C) residential), it appearing, after this duly constituted public hearing, that there are not such 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 as would justify a variance of such provisions and that the same cannot be varied in harmony with the general purpose and intent of the zoning ordinance, Mr. Gans moved that such appeal be denied. Mr. Regulski seconded the motion. Considerable discussion ensued concerning the manner in which this matter was handled, the possible need for the residents of the area to meet with each other and attempt to resolve their differences, and the obvious change in circum- stances which will result from the Belcher Road extention. The City Attorney suggested the association meet and make changes in their restrictions which would accommodate a plan acceptable to everyone. Upon the vote being taken, Messrs. Donnell, Reguls~i and Gans voted "Aye"; Mr. Morris voted "Nay.1t Request denied. The applicant was advised of her right to appeal to the City Commission within ten (10) days. Dnvid Healey, Planning Director, stated a long-range solution is needed for all double-frontage lots. The Planning Department will meet with this group if they so desire. MINUTES - The Chairman presented the minutes of the meeting of July 26, 1979, for consideration. Hearing no objection, he declared the minutes approved in accordance with copies submitted to each board member in writing. There being no further business, the at- 5:48 p.m. I) Attest: oe...~ L~ ~lty Cler -;;'secretary to " . the Board "':., ., Ii. tj } . :.~: !/~' ':~,:< ~ ,I :- . '. . , \ . >, t. s. 8/23/79 ~';"l : '.~ ',: ~ . .' /I!., o"t <' \'':~.' . , 1'~" : , 'c . .s........ . ..~',I: ...1...... --:0-. ~ ... .'... r"!r~ ...,f,~.n"~:i/iQu' . "~~~:;"JLJt... l'-"'~""'~' . ~~~ . .....-~~wf.....