08/09/1965
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CITY CO~~ISSION MEETING
August 9, 1965
The City Commission of the City of Clearwater met in special session at the
City Hall, Monday, Augus t 9, 1965 at 1:)0 P.M., with the following members
present:
Joe Turner
Cleveland Insco
Amos G. Smith
Mayor-Comnissioner
Commissioner
COllunissioner
Absent were:
H. Everett Hougen
Clifton Stephens
Commissioner
Commissioner
Also present were:
James R. Stewart
Herbert M. Brown
Detective Captain Frank Daniels
City Manager
City Attorney
Representing Police Chief
The r.1ayor called the meeting to order. The invocation was given by the
City Attorney. The Mayor announced that the purpose of the special meeting was
to consider the following items: Two appeals from the Board of Adjustment &
Appeal on Zoning, and requests fo r various zoning ma p change s and zoning ordi-
nance changes.
The first item on the agenda was a public hearing appealing the decision of
the Board of Adjustment & Appeal on Zoning granting Freid's Inc. permission to
erect marquee sign extending 10 feet beyond property line on Coronado Drive,
building located on Lots 44 to 47, incl., and Lots 90 to 93, incl., Lloyd-White-
Skinner Sub. (100 Coronado Drive) and zoned R-M. ~,fr. Owen S. Allbritton III,
Attorney, represented the applicant and gave a background of the property, and
improvements that have been made. He said r"~r. Garry Freid did not design this
building, he had to take it the way it was. He also stated that the objectors
were from the south end of the beach. Mr. Robert Ginger, 415 Coronado Dr. spoke
in objection and stated that others were not able to leave their business to
express their objections. He expressed the opinion that the proposed marquee
sign would block the view of other motels. Mr. Jack Shinaver, 430 Coronado Dr.
and r<1r. George Gardner, 345 Hamden Dr. also objected. Commissioner Smith moved
that the request be rejected. Motion was seconded by Comrnissioner Insco and
carried unanimously.
The next item was a public hearing appealing the decision of the Board of
Adjustment & Appeal on Zoning granting Robert H. Reeder a 16 ft. setback from
Rainbow Drive to erect apartment building on Lot 5, Block E, Skycrest Unit #10,
zoned R-4. Mr. Ben Krentzman, Attorney, represented the applicant stating that
this was the largest and only undevel oped lot in the immediate area; tha t the
setback was only 10 feet prior to 1961; and that Mrs. Doris Alvord had withdrawn
her setback restrictions for the lot and then quoted from court cases on the matter.
He also stated that Mr. Krick's property on the East had only a 16 ft. setback from
the property line to t.he porch, and upon his reque st about 10 people stood up in
favor of the application. r.'ir. Heeder, the applicant, stated that the lot area is
in excess of requirements for a 10 unit building, but the shape of the property
posed a problem of getting the carports within the setback. Mr. Leon Whitehurst, Jr.,
Attorney, representing the objector, Mr. Walter A. Krick, owner of a duplex immedi-
ately East and adjacent to subject property stated that the applicant had only
acquired the lot 20 days ago knowing the zoning requirements. He said that the
applicant doe s not say tha t a 10 unit apartme nt cannot be built on the lot, but
only says building as designed will not fit. He quoted from writings of a recog-
nized authority in the field of zoning, E. C. Yokely, Counsel for the Southern
Building Code Congress and presented a petition with 14 signatures in objection
and then 7 people stood indicating objection to the proposal. Mr. Robert Benson,
204 S. Mercury, Mr. Phil 'l'omei, 304 S. rJIercury Ave. and Mary Bunce, 309 S. Nimbus
Ave. spoke in opposition. Mr. Krentzman asked to have the plans available to anyone
wishing to see them, and the City Attorney recommended the Clerk's office have them
for that purpose. Commissioner Insco moved to continue the item to the meeting of
August 16th and it be placed as the number one item on the agenda to be considered.
Motion was seconded by Commissioner Smith and carried unanimously.
The Mayor announced that the public hearings to consider various zoning changes
would now be heard.
ITEM III was the request of Blackburn Brothers Land Development Company, f'or Lot
201, Morningside Estates Unit 1, to be changed from R-4 (multiple dwelling) to B
(business). Mr. Leon Whitehurst, Jr., Attorney, representing the proponents, stated
they wished permission to place a sign there advertising Morningside Estates Swim &
Tennis Club. He presented an agreement between the City and Blackburn Brothers,
regarding the zoning of lots facing Belcher ~nd said the church to the South has an
option on Lot 201. The Clerk read a petition and a letter of objection.
Mr. Douglas Roach, representing Rutenberg Construction Co., owners of nearby property,
spoke in favor. Mr. Paul Kimball, 2195 University Dr. South objected to the spot
zoning. Mr. Thomas Basnight, 2254 Claiborne Dr. objected to the zoning change but
not the sign, and at his request about 15 persons stood in objection. Mr. Fred Marker
and Mr. Richard Dillon also spoke in objection to the zon2ng. Mr. William Blackburn
asked whether the objections were to the sign or the zoning change, and in answer to a
question stated that he proposed to remove the present sign on Lots 2 and 3 and con-
centrateon a new sign on Lot 201. The City Manager reported the developer did not
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CITY COMMISSION MEETING
August 9, 1965
intend to operate a business, but this was the best method known to accomplish
Mr. Blackburn's request. Mr. Leon \IIhitehurst, Jr. announced that his client
had reque sted t ha t the applica tion be wi thdra-wn. Commissioner Insco moved to
accept the withdrawal of the application. Motion was seconded by
Commissioner Smith and curried unanimously.
ITEM 112 was the requ.est of Rutenberg Construction Co. Inc., for VI 50 ft.
of E 450 ft. of S 1/2 of NE 1/4 of SE 1/4 less S 40 ft., Section 24-29-15 to be
changed fromH-4 (multiple dwelling) to B (business). Mr. Douglas D. Hoach,
representing Rutenberg Construction Co. Inc., explained that the 50 ft. was
needed to clear up a technicality regarding parking or loadine in back of the
stores end that adequClte screening \'lOuld be pro vided uetween the business area
and tre residential areas. Mr. Owen Allbritton Ill, Attorney, representing
over 200 pro perty owner s in the inmlCdia t e vic inity spoke in opposition to further
extension of B (business) zoning, Dnd fi led a petition in opposition.
r~r. H. H. Baskin, Jr., Attorney, a resident in the area, spoke in opposition.
Mr. James G. Nichols asked that no more uusiness zoning be permitted. He said
these were estate type homes and he was opposed to this because of the safety,
-welfare and health of the children and community. At Che request of
Mr. Owen Allbritton about 20 persons raised their hands in opposition.
Dr. Merrick D. Thomas, Jr. also spoke in objection. Commissioner Smith moved
that this request be denied. Motion was seconded by Commissioner Insco and
carried unanimously.
ITEM #3 was the request of G. Gordon Bergeson and Elizabeth I. Bergeson for
the East 57 ft. of Lot 10, Block B Keystone Nanor, to be changed from R-2
(duplex) to R-4 (multiple dwelling~. r"k. Joseph G. Donahey, Jr., Attorney, rep-
resenting the applicant, explained that the applicant had a sale for the property
which depended upon the grantin~ of this request, and that the purchaser would
request special use as a doctor's office. Dr. Edward S. Aronoff, the purchaser,
spoke about his plans to remodel the present structure and locate his office there.
The Clerk had one letter in objection. Commissioner Smith moved that this reqlE st
be rejected. Motion was seconded by Commissioner Insco and carried unanimously.
ITEM #4 was the request of the City of Clearvlater for Lots 1 to 6 incl. and
W 20 ft. M.O.L. of Lots 7, 8,9,37,38 and 39, The Meadows Sub. to be changed
from R-IE (single family) to R-IC (single fam~ly); and Lots 1 to 3 incl., N 60 ft.
M.O.L. of Lot 4, N 60 ft. M.O.L. of W 55 ft. M.O.L. of Lot 5, and W 55 ft. M.O.L.
of Lots 6 to 8 incl., Morningside Estates Unit 1 to be changed from R-IE
(single family) to R-lD (single family). The Clerk reported that this was brought
up because it was zoned prior to the subdivis~on being put in and the zoning line
now splits many of the lots in The Meadows Sub. and Morningside Estates Unit 1.
There were no objections. Commissioner Smith moved that the request be approved
and the City Attorney be authorized to prepare the necessary ordinance. Motion
was seconded by Commissioner Insco and carried unanimously.
ITEM #5 was the request of the City of Clearwater for Lots 16 and 17, Block H,
and Lots 4 to 8 incl., Block J, Fairmont Sub., to be changed from R-4 (multiple
dwelling) to R-IE (single family). The City Manager reported this request was to
upgrade the zoning on property o~ned by the City. There were no objections.
Commissioner Insco moved that Item 1/5 be approved and the City Attorney be author-
ized to draw up the necessary ordinance. Mot~on was seconded by
Commissioner Smith and carried unanimously.
ITEM #6 was the request of the City of Clearwater for Lots 20 to 23 incl.,
Block C; Lots 1 to 5 incl., Block E; Lots 1 to 8 incl., Block F all in Fairmont Sub.;
Lots 1 to 5 incl. and Lot 8, Block C; Fulton Ave. (formerly E 25 ft. Lot 5 and W
35 ft. Lot 6), E 25 ft. Lot 6, Block D; 40 ft. right of way bet~een Blocks C and D,
all in Norwood 1st Addn. to be changed from R-2 (duplex) to R-1E (single family).
The City Manager stated this was also City owned property and the change would up-
grade it. Mr. Robert Brown, 1614 N. ~a&lington Ave. endorsed the change.
Mr. John Peterson asked questions. There were no objections. Co~nissioner Insco
moved that this item be approved and the City Attorney prepare the necessary ordi-
nance. Motion was seconded by Commissioner Smith and carried unanimously.
ITEM #7 was the recommendation of the Planning & Zoning Board for all of
Ambleside First Addition, to be changed from R-lE (Single family) to R-ID (single
family). There were no objections. Commissioner Insco moved that the item be
approved and the City Attorney be instructed to prepare the proper ordinance.
Motion was seconded by Commissioner Smith and carried unanimously.
. ITEM #8 was the recommendation of the Planning & Zoning Board for Lots 1 to
15 incl., 31 to 57 incl., 60 to 81 incl., 84 to 94 incl., all in Brentwood Estates;
also all of Brentwood Estates First Addition to be changed from R-4 (multiple dwell-
ing) and B (business) to R-ID (single family). There were no objections.
Commissioner Insco moved that the recommendation be approved and the City Attorney
be instructed to prepare the necessary ordinence. Motion was seconded by
Commissioner Smith and carried unanimously.
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crry COMMISSION MEETING
August 9, 1965
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. ITEMS #9, #10 and #11 recommended by the Planning &. Zoning Board were all'
Qonsidered at one time:
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'ITEM #9.
To amend Sections 26-5D (4) (b) and 26-5D (5) and delete Section
26-5D (4) (c), all pertaining to PRS (prOfessional & related
services district) to clarify and define uses permitted in said
district.
To amend Sections 26-5E (6) and (7) to clari~y sign limitations
applicable in SC (shopping center district),
To amend Section 26-11 (6) pertaining to fences and walls, other
than necessary retaining walls, maximum height allowable, to
clarify same.
There were no objections. Commissioner Smith moved that Items 9, 10 and 12 be
approved and the City Attorney be authorized to draw up the proper ordinance.
Motion was seconded by Commissioner Insco and carried unanimously.
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ITEM #10.
ITEM #11.
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There being no further business, the
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meeting adjourned at 5:10 P.M.
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