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09/13/1979 , . :' . ~ -'I . . , . ..., ,.~,~~.....'" .~. T k_....... "'................ .,.-.,.' r:'\ V e :,\ >! ,....rF : '. '" "r >....~.1~t:; ::/r ;1 , " " . , ~" ~.:. '"f,' . :;" '"\1. ~ ,', . ; , ~ , . +, ~, ~ ';'::~/;::{~L Maurice Washer, ownor.rcsident of nay House Condominium, spoke in opposition stating he represented 19 other owners. They object to the dock being at their front door as well as the already congosted parking. lie pointed out that the 44 letters of support actually represented 21 unit owners. He discussed at length many issues. Discussion ensued concerning the authority of the Con. dominium Association to submit this application and whether or not Mr. Pfeil could represent them. The City Attorney ruled that the previous authorization granted could not cnrry over to this application. Paul Vogel and Fred Allen, Bay House Condominium resi- dents who spoke in general support of the application, and Frank Morrow, resident on Island Estates, nIl stressed pro- per procedures should be followed. Howard Batt, Attorney for the applicant, stated this is not the appropriate forum to decide the questions which have been raised. In his opinion a declaratory judgment or an injunction is needed to determine whether or not the Board of Directors exceeded their authority. Florida law controls the powers of a Board of Directors of a Condominium Associa- tion as they relate to common elements (Florida Statutes 607 and 718). He opined the intracorporate activities of the Association were not inCluded in the gUide lines set out in Section 35.09 of the Clearwater Zoning Code. The City Attorney stated there appears to be some apparent authority for Mr. Pfeil to act on behalf of the Association. He recommended the Board request the Association file an amended application, together with supporting affi~ davit concerning Mr. Pfeil's authority to represent them. The Board should address itself to the central issue, which is whether the granting of this special exception is contrary to the public interest as set forth in Section 35.09(7) of the Clearwater Zoning Code. Upon consideration of the appeal of Bay House Condominium from the decision of the BUilding Official concerning a special exception to construct a Type A Marina with 7 boat slips for condominium owners beginning at the SWtly corner of Lot 7 of Unit 8, Island Estates, Section S~29-15, run SW 100 feet to P.O.B. then SEtly 56.21 feet, SW 70.31 feet, SEtly 76.42 feet, SW 70.98 feet, SEtly 156.74 feet, curve to the right 130.31 feet, SW 98.44 feet, curve to the right 107.50 feet, NWtly 300 feet, NW 26.44 feet, NE'ly 351.22 feet to P.O.B., which property is located at 644 Island Way and is zoned CTF~28 (High density. commercial tourist facilities), 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 granted in accordance with the application submitted .' \ '.' " ~, -:' l~ 2. 9/13/79 , l~~~~'~~' "!W, -.'" c ~ (., .~...... " . ,.. ~"~~~'~O> . """,,,,,,,,,,,""l:"', -.... , n _ it ,', . .~.. ~'" w " ~~. '\ " --:-~.._ ~."",.""J.("",,"~'...~;i~.;..;t..a'...t'f~:s:!.,"'''.,I....LldUl'l..'''''''. ">4...._ .", j", :" ' ~ U thercwith, provided the President of the Bay House Condominium Association filc an amended application signed by the Pre- sident, certified by the Secretary of the Association that it is the application of the Association, and to be approved by the City Attorney as being sufficient for this purpose, and 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. Regulski moved to amend the motion to include that all references to Bay House Condominium Association be changed to Bay House Condominium Association, a Florida Corporation. The amended motion was accepted by Mr. Gans, seconded by Mr. Regulski and carried unanimously. ITEM '2 - Request of Wythe Fielder for a fence variance. The Building Official reported a prior fence variance was granted but has since expired and a new application had to be filed. . The Planning Official reported no landscaping has been provided in front of the fence. Wythe Fielder stated he needed the variance to join the side fence with the existing back fence. Boyd Fielder, brother of the applicant, stated he had represented his brother in dealing with ~fagnum Homes to complete construction before \~ythe Fielder moved to Florida. He outlined problems he had encountered, one of which was completion of the fence as called for in the Contract for Sale. He reported no landscaping has been done along that side of Landmark Drive and asked the Board to take this into consideration when making their decision. No one spoke in opposition. Upon consideration of the appeal of Wythe Fielder from the decision of the Building Official concerning the request for a variance to erect a 6~foot fence on a side lot line in the setback area upon Lot 6, Block G, Northwood Estates, Tract F, which property is located at 2553 Deer Run Rast 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 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 sub~ mitted therewith, with the provision that the conditions of ," ,\ 3. 9/13/79 " ':"~:', ':c' .. ,', "-":' ;:.~''''' .......... .. .,......."1: . 1"....~ ',. ., . '.' " t. .h. .\., , ~,f"It.tl4 . :59'7 r' ....... , ... . ~ '; ,.)1}>>i~ ... '~: . ~~~1".;1-11 . Il~~\, f r~~'\~~~1 ...:to ~~"1..!..-V;~~~~:-1~ 1.':' ,', ; . '.... \ . ~ " ' , ,I, ',. .,..... " (, , ;.~\..,;, '," , : ~. , , , C\ "V I , I " ,J',. ,_ '. "I + " "::,. J. " . ::"...- I, , , ,.) , ", " .....--.-....~ J...t"_'\.'fP':!,.I.t-~.J.: ~.",~. ....,..... _.T....... ...~ .' , .. .. -~......... '.." , .' the variance for the original fence along Landmark Drive be complied with before the permit for this fence is approved, 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. Morris seconded the motion which carried unanimously. ITEM *3 - Request of HBE Corporation (Caribbean Gulf Hotel) for a variance. The Building Official explained that due to the unusual nature of this request, the Planning Department had suggested that under Section 35.09(3) the application be submitted to this Board for a determination of the rights of the appli- cant. The Planning Official stated CTF-28 zoning permits 42 hotel units per acre, whereas the applicant has approxi- mately twice that number. He expressed concerns that the combined units could be divided again at some future time. The building is nonconforming because of its density, but complied with the zoning code at the time of construction. Donald McFarland, Attorney representing the applicant, stated the owner is in the process of a $2,000,000.00 reno- vation program of which this application is a part. He presented a proposed plan and stated the only exterior structural change would be the addition of approximately 5 feet of elevation on the roof. He assured the Board the applicant had no intention or desire to return the combined units to single units. Both bathrooms will be retained inasmuch as one room would be used as a sitting room and will provide restroom facilities for guests. In his opinion this Board does have the authority to grant a variance for a nonconforming use. No one spoke in opposition. Considerable discussion ensued concerning the desira- bility of granting a variance for a nonconforming structure. The City Attorney pointed out one of the philosophical con- siderations would be that a nonconforming use not be per- mitted to grow. Mr. McFarland pointed out they were not asking for an increase in units, but permission to make structural altera- tions which would improve the facility while retaining the same number of units. The City Attorney suggested he be permitted time to research the subject of granting variances for nonconforming uses. ,} 4. 9/13/79 . ,.. { . ~ I. '.o' . '.. , ~. .." ~ ~,I ~. .'.: ~. "' I > , ,I .' ','." 'dw. .~" ;. \ "'. T r'~ ~ ., . o .1 'J I . .. '.\ ~ 1'. j" '. , ''" ~ ! ." ,> ...:......_ .._.~ _...__,,--~"""~'\I'W"_____"'''''''''''''_'. .. . ~ .. '" ,.'. .;. .,..~. ~ .' > SCJ.s Mr. Regulski moved to continue this item until September 27, 1979. Mr. Morris seconded the motion which carried unani- mously. rTmf 1#4 - Request of Dimmitt Chevrolet, Inc. for a special exception. The Planning Official stated only a l~ foot setback is provided from Ewing Street, and the proposed Code revisions will require a 2S foot front setback in a CG zone. Earl Post, employee of Dimmitt Chevrolet, stated their request conforms with all other buildings in the block on which their property is located. The proposed addition represents 1,700 square feet of additional space and will be set back further than the existing building on the corner. It would not be economically feasible for them to adhere to the suggested 2S foot setback. No one spoke in opposition. Upon consideration of the appeal of Dimmitt Chevrolet, Inc. from the decision of the Building Official concerning a special exception to expand existing automotive paint prep area on Lot 16, Block A, Coachman Heights, ~hich pro- perty is located on Ewing Avenue between Park and Pierce Streets and is zoned CG (General business), 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 right to obtain a use permit in accordance with said special excep- tion shall cease after six (6) months from this date. Mr. Morris seconded the motion which carried unanimously. ITEM IS - Request of Stanley Freifeld for two variances. The Planning Official explained the request and ques~ tioned whether or not the position taken by the applicant constitutes a hardship. , Ed Mazur, Engineer with Post, Buckley, Schuh and Jernigan, stated he had worked with the Planning and Engineer- ing Departments of the City in order to preserve trees, provide necessary retention, and the smallest amount of ground coverage and still develop the number of units pro- vided by the existing zoning. He pointed out the 3 buildings involved are compatible with existing structures immediately south of this project. ' Several residents of Woodgate of Countryside spoke in objection, citing the placing of 2 or 3-story buildings next to a single-family development, the development being ~nly 20 feet from an existing park, the proposed density 'and drainage problems. s. 9/13/19 ~f.,::~' :, " ' .. . ~I '. ~, .', >, ' ~.". '.. >. r.\::...>..",1,;:'J\,:.~~'~.t~f~ ...'''' .' t. ,) ,::.. I..h ,~....... .:;....I.;,...I'.~ " .-.;,.......... ," .~ ( .-. " ~"'.,._' ,':- .'. . . .~~ ~ ~fi;;~.-.. ~,"~ ,1~~~:k~~" .....-r-".... .', , ." , ' .. " .. \ h' " "~/~.'.' . ' " ' ...... ...-....._........___......._~;..lu...ll\o~..;.:w-....:.:..,'.... "~...... >", ... ...', '. .". ~ 'I ~..,",\ ,................. .") i ' .:J9rj o The Planning Official advised a site plan will be presented to the City Commission for approval. A petition opposing the application bearing 394 sig- natures was submitted for the record. as well as one letter and one telephone call reported by the Clerk's Office. The City Attorney stated there appeared to be some misunderstanding concerning this hearing, several references having been made to rezoning, whereas the request involves variances to the current zoning. . In rebuttal, Stanley Freifeld stated the hardship involved is the geographic location and the surrounding developments. He displayed an aerial of the area showing the proximity of the 3-story buildings in Top of the World. He stated this tract is a transition areB and the proposed plan will serve that purpose. RM-16 zoning allows the erection of 2-story buildings. In response, the Planning Official stated the Planning Department approves the site plan, but has concerns about the variances requested. Upon consideration of the appeal of Stanley Freifeld from the decision of the Building Official concerning the request for a height variance to allow 3 stories and a request for a variance for an increase of 4 units per floor in buildings numbers 24, 25 and 26 on Countryside Tract 71 in Section 31-28-16, which property is located west of U.S. 19 and south of Enterprise Road and is zoned ~1-l6 (Medium density multi-family), it appearing, after this duly con- stituted 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 ordi- nance as it affects such property as would justify a vari- ance 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. Upon the vote being taken, Messrs. Gans, Regulski and Donnell voted "Aye"; Mr. Morris voted "Nay." Requests denied. The applicant was advised of his right to appeal to the City Commission within ten (10) days. ITEM *6 - Withdrawn. ITEM '7 - Request of Nathaniel Swan for a setback variance. The Planning Official stated this request is for a sub- stantialvariance. Other houses in the area are providing substantial setbacks, but ther~ is dense foliage where the extension would be and the impact on the neighborhood would be minimal. 6. 9/13/79, . .. I' . ~ . . ... " Y' ..,....... @ , , , , . , ','t ,.{' '. "l- " __.._.*' .J~..........._"_..--""","."h1.~~It.:.."M ..,r:........; ~~'r__~,..,._...". . .,." ~.., II! "~\. ... .._......__....:..'or.'\.~.r\. ~~~. ~,....,......~''t Nathaniel Swan requested the variance to extend the existing carport to protect his automobi~es from sap which drips from the overhanging trees. A petition supporting the application bearing 5 sigH natures was read into the record. No one spoke in opposition. Upon consideration of the appeal of Nathaniel Swan from the decision of the Building Official concerning the request for a front setback variance to erect a carport upon Lot 6, Block D, New Marymont Subdivision, which pro- perty is located at 1873 McKinley Street and is zoned RS-SO (Single-family 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 proviH sions 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 pur- pose and intent of the zoning ordinanco, Mr. Regulski moved that such appeal be denied. Mr. Gans seconded the motion which carried unanimously. The applicant was advised of his right to appeal to the City Commission within ten (10) days. NEW BUSINESS - Due to an unusual'delay in the mailing of packets to the Board members, the packets were not received until Wednesday morning. The City Clerk's Office asked to be notified if packets are not received by the ~fonday after- noon preceding the meeting. Considerable discussion ensued concerninR proof of ownership because of the Bay House Condominium case. The Clerk advised that the procedures for determining proof of ownership have become stringent, and every effort will be made to determine that proof while the applicant is still in the City Clerk's Office. In the case of a representative other than the appli- cant, a notarized statement from the owner will be required with the exception of representatives who are attorneys. A request was received from Albert L. Rogero, Jr. for a 6 months extension on the special exception granted to Par Land Co., Inc. on January 11, 1979. Mr. Gans moved to establish the following policy con- cerning requests for extensions after the fact: ItFailure on the part of the applicant to apply for a permit in the time frame prescribed by this Board shall be cause for approval of the special exception or variance to expire.1t Mr. Morris seconded the motion which carried unanimously. 7. 9/13/79 .~":~".,....,> :~.", ~ ~ ~;'11.': ':~'::":;" ':.-~...il.. ~ I; j;"\." ~ . \ ' f~' ~ '. ~. ~' , ~; ~, \ ~...w"J'~~ J~T .X o~.' :.:".17 )'f'?--:-+"';i~f'" .,{... > ..;:~\.~ ~)..~ < ,},~,'''...~~.~..,..,.' 0 '. Jv{,.'t.,.:;+~.,t:. "." .~.' ..."~~.~,, ,<:..;., ~. '~\~:;.o;'" . oS- ~~ ,...... ~~ .:-,p+ .' . .' . , . .~H...~.....~~.~;';:""~.~~t~'~~~:; :~I~~;~'~,~:~..:,.. <"~~~~''- (', The Clerk was asked to advise Mr. Rogero on the action taken. @ ~ Mr. Regu1ski moved to rescind procedures adopted on January 22) 1976, by the Board of Adjustment and Appeal on Zoning relating to fees for special exceptions and vari- ances and to establish new rules and fees as set forth in Resolution 19-42 and Resolution 79-57 passed and adopted by the City Commission May 17, 1979 and June 7, 1979 re- spectively. Mr. Gans seconded the motion which carried unanimously. ' MINUTES - The Chairman presented the minutes of the meeting of August 23, 1979, for consideration. Hearing no objection, he declared the minutes approved in accordance with copies submitted to each Board member in writing. The City Attorney distributed information to the Board memhers outlining the differences between variances and special exceptions. He pointed out that under Florida law a special exception is in fact a permitted use, and he feels this material will he useful. There being no further husiness, the meeting adjourned at 6:23 p.m. ~"'~CE~ C 81rman Attest: L~L.J~~..~ City Clerk as Secretary to the Board " . ,) ., \ : 'h'. \,:,. ' !;:~::};\"!'):'}~'{i .; ::,1/ I".: .', :t\'.,."~"..);!"...,,.. .. ~.,{ ,J,.n " ~, r, . t~1~i:;}~~{;~:'~"~;;~~.~:'~~..':I~\:~\:4~:::~f';,~~~~'~~.~'~~~~~..~~~::." ~{,:: ,~,).... ~...'~ S,'4-'.'.'" ,': ""." . ~"l\."',' ~\,it ~: ~ l,~, .:,~~d~l~ {.oe:. . ~ .: . . '8. 9/13/79 ,: ):~: f;:,~';)~',:~, :';'~':' 4 ..' ~ ~ ~. .':,.:\ '..!.. ',' ." ..... ,._ p ~," .,,-," ..... ~ .__. I \ : .. 0'.. .4..... '. " '~.'.