01/23/1980
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
January 23, 1980
Members present:
Frank Donnell, Chairman
Harold J. House, Vice-Chairman
Wade H. Gans
Frank H. Morris, Jr.
Lee Regulski
Also present:
Syd Snair, Building Official
John Richter, Planning Official
Thomas A. Bustin, City Attorney
Lucille Williams, City Clerk
The meeting was called to order by the Chairman at 1 p.m.
in the Commission Meeting Room in City Hall. He outlined the
procedures and stated the request of Dorothy Blough for a
special exception had been withdrawn. He also advised the
applicants and citizens present if they were adversely affected
by a decision of the Board of Adjustment and Appeal on Zoning
they could appeal to the City Commission within ten (10) days.
ITEM 1#2 - Request of John Walker for a fence variance.
The Planning Official requested the usual requirements for
fences be considered to include compatibility and uniformity
with existing fences, landscaping and an access gate.
Mr. Morris questioned enforcement of the conditions im-
posed by the Board of Adjustment and Appeal on Zoning. The
Chairman reported he had researched the problem and discussed
it with the City Manager and the Building Director. He re-
quested an opinion from the City Attorney as to whether or not
the variance was valid if the conditions were not observed.
The City Attorney stated the variance would be valid, but
the offending resident could be cited and prosecuted if the
violations are reported.
Further discussion ensued on having inspections when a
fence permit is issued. The Building Department is currently
short of personnel and makes no inspections of fence permits.
The Chairman stated unless the conditions aTe enfoTced,
they aTe valueless and, he will again, call the matter to the
attention of the City Manager and the Building DirectoT that
the Board is in an invidious position and some of its deci-
sions may be arbitrary.
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Owen Scott, representing the applicant, stated they plan to
enclose the backyard. This is a double frontage 10t and the
fence is needed for the safety and protection of two small chil~
dren. A wood stockade fence is planned with landscaping.
There were no citizens to speak and no cOTrespondencct
Upon consideration of the appeal of John Walkei from the
decision of the Building Official concerning th~ reque~t for a
variance to erect a 6 foot fence in building setback area abut-
ting Landmark Drive upon Lot 2, Block G, Northwood Estates,
Tract F, which property is located at 2577 Deer" Run East and is
zoned RS-60 (single family residential), it appearing, after
this duly constituted public hearing, that there are practical
difficul ties or unnecessary' hardships in the' way 0:1; c~J:'rr.ing
out the strict letter of the provisions of the zoning ordinance
as it affects such property and that the same can be v~ried ~n
harmony with the general purpose~ and intent of the zoni~g
ordinance, Mr. Gans moved that such "appeal be' &!'an~ed in accord-
ance with the application submitted therewith, WIth the proy~~
sian that said fence be set back not less than thtee feet from
the property line with an access gate for maintenance purposes
and the finished side facing out~ and that a planting plan 'be
submitted for approval by the Building and Planning' Depart~
ments, and with the further provision that the right to obt'ai,n
a building permit in accordance ,'lith such variance shall cease
after six (6) months from this date. Mr, Regulski seconded
the motion and moved to amend the motion to' require that the
fence be of the same identical design as the one previou~ly
approved at 2565 Deer Run East. Hr. Gans accepted the 'amend-
men t .
Upon the vote being taken, the amended ,motion carried unan~
imously.
ITEM #3 - Request of Christopher DeMaio for a specinl
exccption.
The Building Official requested the Board discuss with the
, applicant the parking plan for the' facili ty and determine if it
meets the criteria,'
The Planning Official requested the Board consider the im-
pact of this faci!i ty" on the 'surrounding area. He also noted
that a Land Use Plan amendment will be required for the eist
half of the property as it is zoned CG but is shown as low den-
sity on the Comprehensive Land Use Plan.
Discussion ensued on the Land Use Plan and zoning not being
compatible. The City Attorney stated the Land Use Plan is the'
law and must be upheld and the zoning must be consistent with
the plan. He ruled the Board could" hear the request.
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1/23/80
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The consensus of the Board was to hear the request and, if
it is approved, the applicant may request a Land Use Plan amend-
ment.
Roy J. Deeb, representing the applicant, stated the plan
called for 2 one-story buildings with a total of 76 units. .
There will be 30 parking spaces on the side and rear, one for
every two units. This tract is contiguous to the U-Haul on U.S.
19 and there will be one entrance on S.R. 588. The south and
east sides of the property will be fenced.
Christopher DeMaio reported he had contacted the neighbors
and they support the request and have no objection. Rodes
Feeback spoke in support. There were no citizens to speak in
opposition.
Upon consideration of the appeal of Christopher DeMaio
from the decision of the Building Official concerning a special
exception to erect storage facilities on part of Lots 6 and 7,
Hilltop Subdivision, which property is located approximately
165 feet east of U.S. 19, south of S.R. 588 and is zoned
CG (general business), 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. Regulski
moved that said appeal be granted in accordance with the appli-
cation submitted 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.
Mr. Gans moved to amend the motion to include "that the
conflict with the Land Use Plan be resolved before the building
permit is issued." Mr. Regulski and Mr. Morris accepted the
amendment.
Upon the vote being taken, the amended motion carried unan-
imously.
ITEM 114 - Request of Constantine Arambages for a side lot
line variance.
The Planning Official reported the house is existing and
the screen enclosure will be an extension of the residence.
The Building Official reported the zoning was changed to a
mOTe restrictive zone after the house was built.
C.P. Curtis, representing the applicant, stated the 3 foot
variance was requested to keep the screen enclosure in line with
the house.
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,One letter of approval was read into the record. There
were no citizens to'speak.
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Upon consideration of the appeal of Constantine Arambnges
from the decision of the Building Official concerning the re-
quest for a side setback variance to erect a screen pool en-
closure to conform with existing residence setback upon Lots
469-471 inclusive, DelOra Groves Subdivision, which property
is located at 3259 San Bernadino and is zoned RS-IOO (single
family residential), it appearing, after this duly constituted
public hearing, that there are practical difficulties or un-
necessary 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
variance shall cease after six (6) months from this date. Mr.
Morris seconded the motion which carried unanimously.
ITEM #5 - Request of Edna Wilson for a front setback
variance.
The Building Official reported this is an existing screen
porch that the applicant wishes to enclose and construct a
fireplace which will be the only encroachment.
The Planning Official reported the residences on the
street all conform to the 25 foot setback requirement.
Edna Wilson stated she had requested construction of the
fireplace to save energy, and she had contacted the neighbors
who had no objection.
R.J. Adams spoke in support and one letter of support was
read into the record. A petition with 20 signatures supporting
the request was also accepted for the record.
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Upon consideration of the appeal of Edna Wilson from the
decision of the Building Official concerning the request for a
front setback variance to permit addition of a fireplace to
existing dwelling upon Lot 37, Forrest Hill Estates Un~t 1,
which property is located at 1235 Forrest Hill Drive and is
zoned RS-SO (single family residential), 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 ordi-
nance 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. Morris 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 ~his date. Mr. House seconded the motion which carried
unanimously.
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1/23/80
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420 feet south of Gulf~to-Bay and west of Thornton Road 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 sub-
mitted 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. Mr. Morris also noted a conflict of
interest, as he is the architect for the project. (Conflict
of Interest attached for the record.)
Upon the vote being taken, Messrs. Regulski, Donnell,
Gans and Morris voted "Aye"; Mr. House voted "Nay." Request
granted.
Upon consideration of the appeal of Allan Stowell from
the decision of the Building Official concerning the request
for a variance to erect townhouse with a 5 foot setback from
property line abuttin~ street right-of-way of Thornton Road
upon the property described above, it appearing, after this
duly constituted public hearing, that there are not such prac-
tical 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. Regulski moved that such appeal be denied.
Mr. House seconded the motion.
Mr. Morris suggested a continuance until the declaratory
judgment is received on the vacation.
Upon the vote being taken, Messrs. Regulski, House,
Donnell and Gans voted "Ayel1; Mr. Morris voted I1Nay." Re-
quest denied.
MINUTES - The Chairman presented the minutes of the meet-
ing of December 27, 1979, for consideration. Hearing no objec-
tion, he declared the minutes approved in accordance with
copies submitted to each board member in writing.
The meeting adjourned at
4:10 P.~
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7~al rman
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Attest:: t '
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City'.Cl'eik"as. Secretary
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to the Board
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1/23/80
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DATE ON WHICH VOTE OaCURftED:
_12. 3 J~l\,a.~~ " 19~
FORM 4 I
MEMORANDUM OF VOTING CONFLICT .
PART A
Name:.-rr1orrtS.. F...~\\.k_
. II.,\STI (I'IAsrt
, 7..1!; ~r~ L..lec\ Y wa t e.g-'
IBTReETI ICITVI
Address:
tJ ' Telephone: B I'~. 44t.' & '1(:1 5 .
IMIODl.r:~ IAlCl INIJr.180fll
~Prrti~ ~~r;l J ------Et ne.ll~s
(ZIP CODEI ICOUNTVl
PART B
)Qcv Is a unit 0' (chock OlIO! :
N.1mo of A\lOnCY:'-.lk.,~W-& qf.. AdJ tt.dlN..o4:f d~~ (J. ppei-d Cl~ ZotJbt~.
Paddon held In Agoncy: -.Me~\1.~eY .
RECEIVED
~ Stllla of Florida;
I'X) County, City or othor Political Subdivision
FEB 1 19811
CITY CLERK
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PART C
MEMORANDUM OF CONFLICT OF INTERl:ST IN A VOTING SITUATION lRequlred by Florida Statutos ~ 112.3143/1975)]
If you have voted In your offlclal capacity upon any mea,ura In which you had 1I personal, private, or professIonal interest which Inures to
your spacial private gain or the special prfvate gain of any principal by whom yOIl are retained, plellsa disclose the nature of your Interest
below.
1. Description of the matter upon which you voted In your official capacity:
~F.c~~L.A.~CQI1:t1'~ ~Jr~,lJ'o:l{e ~lu~~a~J~ ve5idQv.c~ U4
LTF~~~ 3.0~( LttuJ~ls Ik\. (JTF-28 '~tn\."-'I rt?Aucl?N S.et~c~.fyOU-v
S~'t tt, w.. Cr f ') (rI/LQ.- - fllIA lA.. Sf'C) ll$l '. .
2. Description of the porsonal. private, or professional Interest you have In the above matter which Inures to your special prlvate gain or
the special prlvate gain of any principal by whom 'Iou erB rpfai..,erl: __
\ ~.~ .:tJ.e, ~~(Lu.Joc~ f~v tk.t rVOifoS~ 9rotLp
of ~-D~ h.'<HA.4C.:;l,
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3. Per10n or principal to whom the special gain described above wllllnure:
21, ()(I' Yourself b. ( I Principal by whom you are retained:
J-\ IlEl&._~j C9 WeJJ
INAME!
PART 0
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (16) days following the meeting during which tile voting conflict" occurred with the person
rllsponslble for recording tho minutes of the meeting, who shall Incorporate the mtlmorandum In the meeting mInutes. This form need not be
flied merely tulndh:ate the absence of a voting conflict. Florida law permits but does not requlro you to abstain from voting when a conflict
of Interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
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PART E
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.28vi111 M~#t.1 gao
ATE SIONED
...;,: :~l'N(rrICE:' UNDER PROVISIONS OF FLORIDA STATUTES ~112.:1" (19761, A FAILURE TO MAKE ANV REQUIRED DISCLOSURE CONSTITUTES
',,;;.",> GI/OUNDS fOR AND MAY BE PUNISHED BY ONE OR MORE OF THE F01.LOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE
':;":": ,OR, EMPL6Y~ENr, DEMOTION, REDUCTION IN SALARV. REPRIMAND, OR A CIVIl. PENAL T'I NOT TO EXCEED 55,000.
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