05/08/1980
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Upon considcration of the appeal of Johanna Herzhauser
from the decision of the Building Official concerning the re-
quest fOT a variance to retain a 6.foot-2~inch fence along
the west property line graduating to 7~ feet along the rear
property line ,upon Lot 2. Block E, McVeigh Subdivision, which
property is located at 12R9 Magnolia Drive ane is zoned RS-50
(single family), 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 ordinancc 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 t t-t'r. Regulski moved
that such appeal be denied. Mr. Gans seconded the motion.
'Discussion ensued concerning the options available to the
appli.cant if the request is denied. The opinion was expressed
that the fence could be brought into conformity with the build-
iug permit without undue hardship. Upon the vote being taken,
Messrs. Regulski and Gans voted "Aye"; Messrs. House and
Morris voted tlNay.11 Motion failed.
A motion to grant the request died for lack of a second
after the City Attorney advised the board to keep in mind that
the situation is self-created.
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Mr. Gans moved to reconsider the original motion to deny
the request. Motion was seconded by Mr. Regulski. Upon the
vote being taken, Messrs. Gans, Morris and Regulski voted
"Aye"; Mr. House voted "Nay.1I Motion carried.
Upon the vote being taken on the original motion to deny
the request, Messrs. Gans, Morris and Regulski voted "Ayell;
Mr. House voted "Nay.1I Motion carried and the request was
denied.
ITHM #3 - Request of John Burbank for a variance to
erect a screen room.
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The Building Official displayed plans' which showed the
main structures in this project conform to the required dis-
tance between buildings. However, there are 4 or 5 locations
where the slabs do not conform, thus, a variance is needed.
Raymond Nichols, representing the applicant, displayed
a drawing depicting the screen room. John Burbank advised
he is on total disability and feels the addition of the
screen room will be beneficial to his health~
A letter of approval bearing 5 signatul'es was submitted
for the record.
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No one spoke in opposition.
Upon consideration of the appeal of John Burbank from
the decision of the Building Official concerning the request
for a variance to erect a screen room at Apartment 204, Build-
ing 2, which will be 13 feet from adjacent Apartment 801,
Hill Crest Villas Condominium, in the SE~ of Section 31-28-16,
which property is located at 2140 U.S. Highway 19 North and
is zoned RH-16 (medium density, multi-family), 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 such appeal be
granted in accordance with the application submitted there-
with, 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 "4 - Request of Ray and Chris Mayer for 3 variances
to construct a garage and second floor addition.
The Building Official reported that setback variances
for repairs and remodeling the existing structure were granted
December 15, 1976.
The Planning Official advised the proposed new construc-
tion will not encroach into the setback areas any further
than the existing structure does. He reported a new method
for computing lot coverage is being proposed, which would
eliminate the need for that variance. However, under the
present code they are asking to exceed the maximum lot cover-
age by 1. 5 % .
Jay Myers, architect representing the applicant, expressed
the view that the proposed construction is in line with exist-
ing conditions in that area of the Beach.
Christine Mayer stated they renovated the house several
years ago but could not afford to make the additions at that
time. They do plan a family and need the extra room this
construction will provide. The garage is needed for the pro-
tection of two automobiles.
Robert J. Ward, 501 South Fort Harrison Avenue, attorney
representing two neighbors, spoke in opposition stating their
main objection is the parking of cars on the sidewalk. In
their view, this proposal provides no solution to that problem.
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ITEM #7 - Request of Earl A. Ray for a fence variance.
The Planning Official reported there is one fence in the
area. Fairbanks Drive will remain a residential street rather
than becoming a collector street.
E. A. Ray stated he needs the fence to provide privacy
and security for his grandchildren. He proposes to erect a
cypress fence.
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No one spoke in opposition.
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. Upon consideration of the appeal of E. A. Ray from the
decision of the Building Official concerning the request for
a variance to allow a 6-foot fence in the building setback
area abutting Fairbanks Drive, upon Lot 526, Morningside
Estates Unit 6B, which property is located at 2415 Glenann
DTive and is zoned RS-50 (single family), 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 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 submitted there-
with, with the provision that said fence be set back not less
than three feet from the property line with access gates to
be provided for maintenance purposes and located as indicated
on the application, with the gate on Fairbanks Drive to swing
in, 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 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 #8 - Request of Pittman Neurosurgical, P.A. Trust,
for a height variance.
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The Planning Official distributed copies of a memorandum
from the Planning Director, dated March 27, 1980, directed to
the Building Board of Adjustment and Appeal, which gave the
background on this house. Prior to issuance of a permit to
move the house, it was necessary to determine that it was
architecturally compatible with the neighborhood where it is
to be relocated. This determination was made by the Building
Board of Adjustment and Appeal.
It is necessary now to determine that there are practical
difficulties at the proposed relocation site which will jus-
tify the height variance' being requested. The Planning De-
partment recommends approval. '
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No one spoke in opposition.
Upon consideration of the appeal of the Pittman Neuro-
surgical, P.A. Trust, from the decision of the Building Offi-
cial concerning the request for a height variance to permit
relocation of a 2-story building to part of Lots 27 & 28,
Block F, 1st Addition to Sunset Point Subdivision, with an
elevation of 34 feet, to be located at 1792 Overbrook Drive
and zoned RS-SO (single family), 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 as it affects such property and that the same can be
varied in harmony with the general purposes anu intent of the
zoning ordinance, Mr. Regulski moved that such appeal be
granted in accordance with the application submitted there-
with, 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.
MINUTES - The Chairman presented the minutes of the meet-
ing of April 24, 1980, for consideration. Hearing no objec-
tion, he declared ,the minutes approved in accordance with
copies submi~ted to each Board member in writing.
e, ; ,'~he ~e~t~ng was- adjourned at
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Jerome James, Architect, explained the site and clevation
problems with most of the elevation variance being from the
first floor downward. The variance in the roof area amounts
to 2 or 3 feet.
Jeanne Pittman explained that this is one of the few lots
available which is similar to the one upon which the Kidder-
Pierce home was originally built. This is a prerequisite
before the home can become a candidate for historical signifi-
cance desi~nation. It is their intention to renovate the
house and make it their home. They also would expect to open
it for inspection at various times throughout the year for
the benefit of the citizens of Clearwater. Parking will be
made available beneath the house.
Richard Bolam spoke in support, stating it is the,con-
sensus of the neighborhood that the home would be a welcome
addition.
Mike Sanders of the Pinellas County Historical Society,
confirmed that the house is a National Register nominee.
The Planning Official explained how the 34-foot elevation
is figured.
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