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09/27/1979 !1.lg~ ~~-l'\nit" ~~-;~-~j".;.-.1-f4I.~~-m~ONt......-...,~ \"., ].,~....,~. .fIO 1,i~'!tt"'71~'.:!~.1'.o",,~.~ .~V \nr>:'1,~~~~~r:-' ~."L~~~-'1~VI.':', 1''..;'"'' , :t~~ -~ ~~~~. ; ::"., ~w' . . ~,,~;', e:'~..,... :~.../.,:<'::." ':'_~' ;'}C ::/. .;~ ; ~ ~;. ., .:.c' ~ :..: l;;;.:~\.: ..~~ .... .~' . to". d I.. , ~,' ",' ',<' i, T "'.'~ . . 1-' .", '. " , . ': ,I ~. ; t ;~": ..."....' .:' -. ......,. . . .' ~ . t ''I . '!'~' ~ . < I . BOARD OF ADJUSTMENT AND APPEAL ON ZONING September 27, 1979 to Members present: Frank Donnell, Chairman Harold J. House, Vice-Chairman ''lade Ii. Gans Frank Ii. Morris, Jr. Lee Regulski 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 ~Ieeting Room in City Hall. He outlined the procedures and announced the request of HBE Corporation (Caribbean Gulf Hotel) for a variance, continued from September 13, 1979. The City Attorney stated he researched the law relating to requests for variances for noncomformities, and it is his opinion the Board can hear such cases. However, the applicant must establish that undue hardship will result if the variance is not granted. He distributed copies of the cases and opin- ions he had researched. I Donald NcFarland, Attorney for the applicant, revie\...cd the request in detail reiterating there was no intention of returning the combined units to single units. The initial building plans provided structural strength to permit addi- tions to the garage rooftop and a very real hardship exists because the property was rezoned after construction was com- pleted; thus creating the nonconformity. He feels these improvements will not have an adverse affect on the area, City services, or the public. The tax base will be increased because the Property Appraiser reassesses based on building permits issued. Ann Garris. a resident of Clearwater Beach, questioned the maximum number of units permitted at the time of con- struction. The Building Official advised the building did exceed the maximum permitted and Mr. ~{cFarland conceded the number of units in this building would have exceeded the allowable 'maximum .had, it stood alone. As part of a 3-buflding complex. however, he doubts that it did. 1. 9/27/79 , , . .' ~ .~ 'l".'~'~~.; .' ~.; "'. ;j " .. ",) ;. . ,r' \ I '.' 'I ...t.. . \ ......~_.-..H... ~_...J.,:... :;~'T .~:./~ ".. ',.~ '> Further discussion ensued concerning whether or not the applicant had met the criteria for demonstrating undue hard- ship. @" r~ .. " Upon the vote being taken, Messrs. House. Gans and voted "Aye"; Messrs. Donnell and Regulski voted "Nay." quest granted. ITEM 12 - Request of Southern Management Services, Inc. for a side setback variance and a special exception. Morris Re- The Chairman stated comments for both requests would be heard at this time; however, separate motions will be required. The Planning Official stated the Planning Department has no objection to the request for special exception but feels the applicant has failed to demonstrate hardship in the re- quest for the variance. They question whether there is a 9S foot separation between the adjacent building and the pro- posed addition. Robert Roskamp, Partner in the Corporation, explained they need the addition to improve efficiency because of State and Federal requirements concerning the number of nursing ~tations needed. The proposed addition must be constructed as shown on the plan because of the need for visual contact between nursing stations and patients. The side setback would correspond with the existing setback on the south property line. The YMCA is located north of this property and approxi~ mately 95 feet separates that building from the proposed addition. Twenty-one additional parking spaces will be pro- vided. . Discussion ensued concerning the possibility of con- structing the addition to the east of the existing building. In response, Mr. Roskamp stated State and Federal re- quirements concerning corridor width. room size. and visual contact would preclude this. No one spoke in opposition. The Chairman ruled the Board would consider the request for special exception first. Upon consideration of the appeal of Southern Management Services, Inc. from the decision of the BUilding Official concerning a special exception to construct an addition to existing nursing home on M&B 45-1 in Section 14-29-15, which property is located at 1111 S. Highland Avonue and is zoned RM-Z8 (High density multi-family), it appearing. after this duly constituted public hearing, that the proposed use is consistent with tho general zoning plan and with the public . .; ~'. l " \ . , "3. 9/27/79 :.l ,.: .~p:'" ~-t::,...1.',,~'~~.. . . > : "c~ " .:. +~~. >~. . . ~ .. . I ~ ~ "." G ~ . 1~":~/~~::;.:.,,::. :.:. :~';" " . . . ' I .~}. '~I . '., ~ interest, Mr. Regulski moved that said appeal be granted in accordance with the application 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. Morris seconded the motion which carried unanimously. Upon consideration of the appeal of Southern Management Services, Inc. from the decision of the Building Official concerning the request for a side setback variance upon the property described above, 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. House moved that such appeal be ~ranted in accordance with the application submitted therew1th, with the provision that the right to obtain a building permit in accordance with such variance shall cease after six (6) months fTom this date. Mr. Gans seconded the motion. Upon the vote being taken, Messrs. House and Gans voted "Ayell; Messrs. Rcgulski, Morris and Donnell voted "Nay." Request denied. The applicant was advised of his right to appeal to the City Commission within ten (10) days. ITEH '3 ~ Request of Arthur Ross for a special exception. The Planning Official advised that the Planning and Zoning Board and the ~tarine Advisory Board both recommended approval of this application. The total extension from the seawall will be 39 feet. William Jansen. representative of Speeler Marine Con- tractors, stated the proposal includes one boat slip for each of the 8 units on the property. Discussion ensued concerning maneuverability in the channel because of the High and Dry Marina on the other side. Mr. Jansen stated the slips at the lIigh and Dry go around the point and do not protrude into the channel. No one spoke in opposition. Upon consideration of the appeal of Arthur Ross from the decision of the Building Official concerning a special exception to construct a Type A Marina on Lot 12, Island Estates, Unit SA, which property is located at 205 Dolphin Point and is zoned CTF~28 (High density commercial tourist facilities). it appearing. after this duly constituted public 4. 9/27/79 C.... ~~ J.:' .'. . .. .,"1/ .. , ., ".' i, > '. "', '.v ..~.. ....... ...... -,..' .. ~ ~ I,' ..... ',. . .' ~ '. " .