Loading...
04/20/1953 Commissioner Strang moved that the bids be referred to the City Manager and the City Engineer for tabulation and report at the next meeting. Motion was seconded by Commissioner Crown and carried unanimously. Commissioner Bates suggested it might be possible to reduce the cost by making a slight change in the specifica- tions. By consent, it was agreed that Commissioner Bates and Commissioner Strang should meet with the City Manager and the City Engineer to look into the matter and make their recon~endations. " ~'l,' ,,';' ",'" . ';',~~':::"I ;'~:."<''':':~':,~:I:l':.''';'t~~~]~~':; 1.-'1: r, . .".,., ,'.. .' .' ',." ,",i'..l..'I_....,. ...-,...., ....._,. ..,,_.....,.........,..',.; -" ,'," ".c., _,""C;"". "c'''';'''''i~"";9';'',j'd';'';1,;;'~)t;~~:;,;,,;,, ;{'~ CITY COMMISSION MEETING April 20, 1953 The City Commission of the City of Clearwater met in regular session~at City Hall, Monday, April 20, 1953, at 1:30 P.M. with the following members present: ; ": . L '1'\ ~:-.~' ~ "..,~ ' "f~ \... "../ '.,..' 1 , " 'I Herbert M. Brown Jack Russell Wm. E. Crown, Jr. John W. Bates W. E. Strang, Jr. Also present were: Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner . .' '. , "',.,,i.... ~' ..' F. C. Middleton Chas. M. Phillips, Jr. G. T. McClamma Sidney Lickton ........_....._~...----.- ......... I I , ' I I , i \ , I , t City Manager City Attorney Chief of Police City Engineer '1 -'" t,' . The Mayor called the meeting to order. The invocation was delivered by Dr. O. E. Burton of Calvary Baptist Church, Clearwater. Commissioner Crown requested that the minutes of the regular meeting of April 6th be amended by inserting the following words in Paragraph 1, Page 65: "and under the prior arrangement the purchase of the bay bottom land would have cost the City nothing since taxes received would have more than offset the annual payments." Commissioner Russell moved that the minutes of the regular meeting of April 6, 1953, be approved as amended in accordance with the copies furnished each member in writing and their reading be dispensed with. Motion was seconded by Commissioner Crown and carried unanimously. The City Manager reported that two bids had been received for constructing six concrete shuffleboard courts on Clearwater Beach east of the Beach Civic Center. The bids were read as follows: I, I.' ,',', Burton Walker Constr. Co., Plant City W. H. Armston Co., Dunedin $2,010.00 2,220.00 Commissioner Strang moved that the bids be referred to the City Manager and the City Engineer for tabulation and a report at the next meeting. Motion was seconded by Commissioner Russell and carried unanimously. It was reported by the City Manager that five bids had been received for paving and drainage of Commodore Street and Anchorage Way. The bids were read as follows: Paul Giuliani Co., Tarpon Springs Campbell Paving Co., Clearwater E. H. Holcomb, Jr., Clearwater Burton Walker Constr. Co., Plant City W. H. Armston Co., Dunedin $10,569.00 9,870.00 10,212.50 9,647.50 10,314.00 Commissioner Strang moved that the bids be referred to the City Manager and the City Engineer for tabulation and report at the next meeting. Motion was seconded by Commissioner Crown and carried unanimously. The City Manager reported that four bids had been received f'or construction of a seawall and launching ramp at the Youth Maritime Center. The bids were read as follows: R. M. Thompson Co., Clearwater W. H. Armston Co., Dunedin Burton Walker Constr. Co., Plant City Misener & McEvoy, St. Petersburg $15,891.25 13,690.00 9,057.47 12,357.50 The Mayor announced the Public Hearing on the sanitary sewer system from Edgewater Drive to the Atlantic Coast Line Railroad. The City Manager reported that two preliminary meetings had been held with the Edgewater Drive ~ssociation to explain the proposed sanitary sewer project which would cover the area from Clearwater Bay to the Atlantic Coast Line Railroad and from Stevenson Creek to the City limits on the north. He stated that the proposed system would tie into the present force main across Stevenson Creek and that the hew system will not over.load the present sanitary sewer system since the Skycrest area has a separate disposal plant. Mr. W. C. Sage, President of the Edgewater Drive Association, read a report addressed to the Commission, stating that the Association in a survey had received post cards showing that 85% of the Association members were not in favor of having the new sewer system installed. The City Engineer estimated that the project would cost $122,000.00, $4.85 per front foot or three cents per square foot. According to the Engineer, it would be necessary to replace the line across Stevenson Creek and do away with the two septic tanks in the existing system in Sunset Point which empty into the CreeK. He estimated this would cost about $18,000.00, and there was some discussion as to whether or not the City --tW____ ;C' .........-.~ ':;",:.' ,:.,:<;';>,..~'" >,:'l~"-:.-;~;;:"~-<"';''''''.. ~ ',; ::.,. . " ,_. ..' '.' ',~, ..,... ';'u ,I .". - I, 's . -2- CITY CCJ.1MISSI ON MEETING April 20, 1953 should take care of this portion of the project, thereby reducing the amount of the assessments against individual property owners. Mr. William E. Dunn of the Pinellas County Health Department r~ported that recent investi~ation8 in the area showed a sewer li,ne di scharging into the street on Charles Street where there is water seepage. He also cited a report showing that the water at the mouth of Stevenson Creek was polluted and not fit for bathing. For these reasons, on behalf of the State Board of Health and the Pinellas County Health Department, he recommended that the City install an adequate sewerage system to serve the area in question. The Mayor sugeested that the Commission request the State Board of Health to make an extensive study of the entire area, not just the creek itself. Commissioner Bates moved that the Cornmission request the State Board of Health to make an investigation of this and report back further on it to find out definitely how much and in what way the public health and welfare is endangered and at that time the Commission will be able to have the City Manager investigate clearly what part of the public funds can be justly put into this project so that the cost can be clearly and definitely known (and from whBt we get today it will be substantially les8 than it was first indicated) and when these factors are known and the Edgewater Drive Association and the proper people are notified, the Commission reconsider the matter at an adjourned hearing the first meeting in July, Monday, July 6th. Motion was seconded by Commissioner Strang and carried unanimously. The Mayor said he would request the Edgewater Drive Association to appoint three members of their Association to go into this matter and check the reports. The Mayor announced the Public Hearing on the hardship case of Mrs. C. Gordon Wallis, 404 Jasmine Way. Mr. Ralph Richards, attorney for the Harbor Oaks Association, presented petitions signed by fifty-seven property owners in Harbor Oaks requesting the Commission to maintain the R-l zoning for the area and to deny any requests that would violate the restrictions. The City Attorney read the request of Mrs. Wallis for permission under the hardship provision of the Zo~ing Law to build an apartment above the garage located on her property in Harbor Oaks Subdivision. The City Attorney also read a letter from the Zoning Board recomrnend- ~ ing that the request be denied since the present zoning of the property is R-l.- A report from the Committee appointed by the Mayor to investigate the matter was.---- read by the City Attorney, reporting that they had investigated the application of Mrs. Wallis and had found that the hardships contemplated by the hardship provision of the Zoning Act referred only to hardships created by the zoning of the particular property where such zoning is out of harmony with the zoning of surrounding areas; that the hardship provision of the Zoning Act did not apply to personal hardship however severe. It was the recommendation of the Committee that the recommendation of the Zoning Board be sustained and that the application be denied. The written report of the Committee is set out in the following pages of these minutes and made a part thereof. Commissioner Crown moved that the Committee's report be approved, that the request be denied, and that the Zoning Board's report be approved. Motion was seconded by Commissioner Bates and carried unanimously. The City Engineer submitted a plan and asked the Commission for tentative approval of a sanitary sewer system for Pinebrook Highlands Subdivision, outside the City limits, which plan would also affect certain lots now within the City. The City Manager stated that the owner of the subdivision, Mr. Al Rogers, wished to have individual lots assessed for the cost of the sewer. In order to do this, it would first be necessary for his subdivision to be annexed to the City. The City Manager stated that the City Attorney was working on an Ordinance to incor- porate McVeigh'.Subdivision into the City and this subdivision could be included in the same ordinance. The City Engineer was instructed to prepare estimates o~ approximate cost and submit them at the next regular meeting of the Commission. By consent, it was agreed that the Commission would authorize the City Manager, the City Attorney and the City Engineer to proceed with getting the subdivision inside the City and estimates on the sanitary sewer system. COlnmissioner Bates, reporting for the Liquor Zone Committee, stated that it was the opinion of the Committee that the original intent of the liquor zoning ordinances was to permit the sale of liquor in the business area; there~ore, since the business area has increased, the Committee believed it proper to enlarge the area in which liquor is permitted to be sold. He reported that it was the Committee's recommendation to grant the rezoning and for the Commission as a whole, together with the City Manager and City Engineer, to examine the exact locations involved and redraw the line and prepare the necessary Ordinance to put this into effect. The Mayor explained that the request to enlarge the liquor zone had been made by Mr. and Mrs. Chris Catacosinos in order that they might purChase property on which to build a place to house their restaurant and bar business, now operated as the Clearwater Bay Club, which the Commission has asked them to move from City premises in Coachman Park because of an expired lease. Commissioner Strang moved that Chapter 15 of the City Code or the City of Clearwater, 1950, be amended to change the boundary for present liquor zoning to include the area within the following lines: on the south, the center line on Chestnut Street; on the east, the center line of Ewing Avenue; on the north, the center line of Park Street; and westerly on Myrtle Avenue between Chestnut Street and the extended center line of Haven Street. " 1 j L...~ ).~:..; .... , 1 I i I I I I 1 j 1 J 1 J 1 .I 1 , " i j '1 J 1 1 1 J .1 j ] ,j ~~ . "..'.. i/;'ll: ; , ,'''', ''''&~I' ' ~'" ,::.. :.;....'.. ~,;; """. t I m", ,,', "\':~"F I:Ei;1:~I~' R' '"'' ""')""'1'.,'-' , ~f'!l~tit~?!i!;:f~'fr"i J , ,"I ~~. Ben Krentzman addressed the Commission relative to the application to vacate and relocate an alley in Block 4, Gould and Ewing Subdivision. He proposed on behalf of the Woolworth Company to dedicate an area of 500 square feet in the rear of the present Woolworth Building as a turn around for trucks servicing the area. Mr. Krentzman stated that the new alley which they propose to dedicate would be slightly larger than the alley which they request to have vacated. ;:' ~''o".,._. >, ....... . ',:1,;(: <<.~ ::<<.:,~ ~:::. . ,';?'\':1&!.':' ~:~;':~':~l~:~~j;:li~~':Li~r:i;tz~l{',:::t,~:,:~i:':;::,::: '; .'",,: : .:;:, .:' ,:" ,,' '. t, ","'\'-"1 "",,',..'J , ''''.'1 : Ct.:",,:,:>:':,;', ,~ .,..' '.'. '... '.j <..' "..,:~ : ' I ,',' 'i "", ":~~/) ",' "I ",<,~;,/ , , ',. ~.,." - -, . '" , . ~," "-. -)- CITY COMMISSION MEETING April 20, 1953 He also pointed out that at present the trucks servicing the area are driving across private property, and if this property should be built on, there would still be a problem involved even though the Woolworth request were not granted. Mr. William Goza, on behalf or Mr. Joseph Gross, stated that he had been unable to contact his client but that he would advise his client to oppose the proposed vacating of the alley. Mr. Cyril Pogue, on behalf of his client, reiterated their opposition to the closing of the alley and questioned the City's legal right to vacate the alley. Mr. B. T. Largen of the Woolworth Company stated that they were unable to submit a definite proposal until they learn just what would be required of his Company by the utilities concerned and requested that the Commission approve the proposal in prinCiple so that the Company could proceed with its negotiations. He said that at such time as he could get a definite statement of what is required by the utility companies the Woolworth Company would either agree to the stipula- tions or abandon their plans to expand or build. Mr. D. B. Aide of the Florida Power Corporation and Mr. S. C. Edmunds of the Peninsular Telephone Company stated they would have no objections on behalf of their companies if the Woolworth Company would provide proper protection of and menns of access to their utility lines. The Mayor called attention to the fact that no mention had been made as to who was to bear the expense of pavin~ the alley or of replacing the City's utility lines. Commissioner Bates moved that the Commission go on record as approving this in principle with the understanding -- I. That the City be left whole. 2. That suitable arrangements be worked out with Florida Power Company, Peninsular Telephone Company, and the city utilities. That the other alley dedication be actually dedicated as per this diagram presented to the City Commission. Motion was seconded by Commissioner Crown and carried unanimously. Following the suggestion of Commissioner Crown, Mr. Krentzman initialed one of the diagrams and filed it with the Clerk as an official copy. 3. ", : . .,. The City Attorney, reporting on the investi~ation of issuing an auction license to Howard K. Ewing for his business located at 101 South Garden, stated that since the applicant was a sober, law-abiding person of good character, was over twenty-one years of age, and since the building was properly equipped for the operation of an auction sale, there was no legal cause why the license should not be granted. The City Attorney also pointed out that if the operation of the business as an auction proved to be a nuisance, then the license could be revoked. Commissioner Bates moved that a six months license be granted, such license not to be renewed auto- matically at the expiration of the six months period. Motion was seconded by Corr~i5sioner Crown and carried unanimously. The City Engineer made a report relative to the resurracing, widening, and installing curb and drainage on M~ndalay Avenue ~rom Causeway Boulevard to Acacia Street. He estimated the total cost at $86,000.00, but had not broken the estimate down into parts since he did not know what part of the expense would be an obliga- tion of the City. It was agreed by consent that preliminary public hearing would be held at the Chapel-by-the-Sea on Clearwater Beach, Friday evening, April 2~th, to inform the property owners of the proposed improvements. The Engineer thoughe it would be possible to advertise for a Public Hearing on Monday, May 4th, and if the reaction was favorable, that he could advertise the project ror bids fifteen days from that date. It was the opinion of the Mayor and the Commissioners that the project should be started as soon as possible so that it can be completed before the rainy season. The City Attorney read a letter from Colonel H. W. Schull, Jr., Corps of Army Engineers, Jacksonville, stating that any cases or violation of the Oil Pollution Act should be called to the attention or the Coast Guard Station at Miami or St. Petersburg with the least possible delay and regretting that they could offer no solution to the effective disposal of oil deposited on the beaches. By consent, it was agreed that the letter be accepted. The City Manager reported that he had conferred with Mrs. Pauline Armstrong in regard to the Furchase of the lots at the northeast corner of Drew Street and Myrtle Avenue. 65i feet x 200 feet, for the Myrtle Avenue right-or-way, and that Mrs. Armstrong had the lots listed at $10,000.00 but that he was certain that the City could acquire them for $8,000.00. Commissioner Strang moved that the proper authorities be ~nstructed t. buy the lots. Motion was seconded by Commissioner Russell and carried unanimously. The City Attorney commented on the proposed 1egislatj,ve acts and discussed the nature of each act: .' . .",.:1 ... ' " .. ... 1. 2. 3. " 4. 5. 6. .. An amendment to the netting law. An enabling act which would enable the City to establish seawall lines and bulkhead lines beyond which no fill could be made. Amendments to the Civil Service Law. knendments to the Employees Pension Act. Amendments to the Charter. changing some or the election laws. An act to enable the City to acquire title to submerged lands in Clearwater Bay. It was agreed by the Commissioners that an executive session should be called to discuss further the amendments to the Employees Pension Act. The City Attorney reported that the Civil Service Board had not given final approval to the Civil Service Law amendments. By agreement, it was decided to hold,this act and contact the Civil Service Board. '. I I '\ . ': ; I l i i , . \ ,!. I I ',';".., l " J '... ' \ ,",};'/i/:>, I, . ::,<:i~i<;W~.:;' t" , f,:,',,' " ': ". "", -4- CITY COMMISSION MEETING April 20, 1953 '. ",..,\., , " It was agreed that it would be advisable to have a special meeting at the Commission on Monday, April 27th, to .finish the items on the agenda for this' meeting. , , The City Attorney read a letter from the State Road Board inviting the Commission to be present at its next meeting to tak~ place at Fort Lauderdale on April 27th and 2Sth. The members o.f the Commission planned to go on Tuesday, April 28th, to confer with the State Road Board regarding various problems. The City Attorney reported that Olin Mills is suing the City, objecting to the payment o~ a $50.00 license fee and the placing of a $500.00 surety bond in connection with the license for a soliciting photographer, claiming that the License Ordinance was discriminatory and illegal. The City Attorney requested authority to defend the suit. By consent, the City Attorney was authorized to defend the suit. The City Manager suggested that while the fill was being made for Seminole Dock that it would be to the City's advantage to have a triangular-shaped piece ot submerged property lying north of the proposed Seminole Street fill pumped in at the same time the dredging is being done for the Seminole Street Dock and tor the area to be used by the Clearwater Power Squadron. The Commission gave tacit consent. There being no further business to come before the Board, the meeting was adjourned at 7:15 P.M. Attest: ~~~~ Mayor- omm ss one / , ,,~.t'" .', " ,,' , >,' '. .~~ , ~ y)."l.~, ~~. _' :'.) " , : , r \"'"'"''' ,,1 , 79 CITY COMMISSION MEETING April 20, 1953 Mayor-Conwissioner Herbert M. Brown Commissioners: W. E. Crown, Jr., Jack Russell John W. Bates, W. E. Strang, Jr. April 17, 1953 Gentlemen: The regular meeting of tha City Commission will be held on Monday afternooni April 20, 1953, at 1:30 p.m. in the City Hall Auditorium. This meeting wil be held for the purpose of discussing the items listed on the attached agenda. Sincerely yours, /s/ F. C. Middleton City Manager I I f t I I I t. " r . 1 . , ; , " ,1,( , . .f' FCM: s Enclosure , ~.',' , ' , . -~-----~--~----~-----------------~---~-------~---~----~--------~-~~~------~------ , ., :.' , " Agenda - City Commission Meeting of April 20, 1953 City H~ll Auditorium - 1:30 p.m. 1. Invocation, Dr. O. E. Burton, Pastor of Calvary Baptist Church. 2. Approving the minutes for the regular meeting of April 6, 1953. 3. Opening of bids for: A. Shuffleboard Court on Clearwater Beach. B. Paving and drainage of Commodore St. and Anchorage Way. C. Seawall and launChing ramp at Youth Maritime Center. 4. Public Hearing on sanitary sewer system from Edgewater Drive to ACL Railroad. 5. Public Hearing on Hardship Case of Mrs. Wallis. 6. Commission's consideration of: A. Sanitary sewer system, Pinebrook Highlands. B. Report of Committee with reference to extending liquor zoning. C. Relocation of alleys in Block 4, Gould and Ewing's 2nd Addition. D. Letter from Major W. R. Gunby and report on WSUN property. E. Report from Tax Committee. F. Report from Committee on Lot 11, Block B, Clearwater Beach Sub. G. Report on paving, widening and drainage on Mandalay Ave. from Causeway Blvd. to Acacia St. (City Engineer) H. Item with reference to granting of occupational license. I. Approval of salary for Mayor and City Commissioners J. Letter from U. S. Army Engineers K. Report on Myrtle Avenue Right of Way. (City Manager) 7. Commission's consideration of items from the City Attorney's office. A. Ordinance No. 634, relating to methods of qualifying and certifying candidates for election. B. Ordinance No. 635, regarding election laws. C. Report on investi~ation of occupational license for Howard K. Ewing. D. Letter regarding purchase of submerged lands from Williams and Billet. E. Approval of proposed Legislation. F. Letter from State Road Board. 8. Commission's consideration of items from the Zoning Board. 9. Utility Improvements. 10. Lot Mowing Applications. 11. Any item not on the agenda will be considered with the consent of the Commission. Adjournment i I ' TO THE MAYOR AND CITY COMMISSION CITY OF CLEARWATER, FLORIDA ----~----~~-~-~~~~-----------------~-----------~------------------~--~---~~------- April 20. 1953 Gentlemen: We have had three meetings of the Edicewater Drive Association, the last being held on Friday evening, the 17th day of April. when the subject o~ sewer installation was seriously considered. The Association also sent out return post cards asking for a vote on the sewer project. We received over 85% of the return cards as against the proposal. While the Association does not represent all the property owners of the area due to the fact that many are non-residents, we do represent a very substantial majority of the home owners. Following are the main reasons for the objection to the sewer project: 1. Many new homes have been built in the last few years in this section and a large number during the last year with quite a group just completed. These people have paid for installation of septic tanks and naturally do not feel that they can afford to throwaway this money and be subject to an apparently heavy assessment for sewers. In making a very close survey, we have found that there are a great many people in our district on a low pension who have paid for their homes and can live comfortably on their incomes, but if these people are forced to pay a heavy assessment for new sewers, it definitely would be a hardship on them. 2. On Commodore Street, where all the home are less than a year old, the people are already facing assessments for paving and for a storm sewer. The sewer system would be an additional hardship. .",-- , "', ~ . '.' ..,.. ...,. ~ ,..... .~~r~~~~~~~~J:~~~~~',~~';".i, " "\' :,~",'~:...:. ';:'!.~"'" ":\D'J:'..";.. ~;,r' ~::.; .~ r~~ , "," .." . ., . ......,. "., " ,'. ,. .~. ,',d,. ,.~..,.,' ,~ " . I CITY COMMISSION MEETING April 20, 1953 (Continued) 3. While we are sure that Mr. Middleton and Mr. Lichton gave us all the information pertaining to costs, etc. that was available to them at the time they addressed our meetings, we have had nothing definite as to the cost of the project or details on the general financing. It was brought up before the meeting that an g~ interest on the deferred payments on the sewer was certainly excessive. 4. The people in this area are deeply interested in knowing to what extent, if any, they will be obligated under the proposed financing or bond arrangements to pay for whatever change will have to be made for the Overbrook and Sunset Point sections. Naturally they are opposed to assuming financial obligations which should be assumed by the City or shared by other property owners who will be served by the work being paid for by the Edgewater Drive home owners. Another point brought up was whether the City will pay for the taking out of the present septic tank serving a gr,up around Sunset Point and also for the sewer pipe to be laid in that section. 5. The greatest opposition is due to the fact that we do not have definite information as to cost and general details which we understand will be available as soon as construction bids have been checked. It is not the desire of the Edgewater Drive group to assume a responsibility and have the costs increased, as we understand they have been on the Skycrest sewer project. 6. We, therefore, record our opposition and request that no action be taken in respect to commitments or conclusions concerning the proposed project until we have had ample time to gtudy the matter further. Respectfully submitted, EDGEWATER DRIVE ASSOCIATION By /s/ W. C. Sage, President : I .' i I I :"".,' "II ,". ' , " ' , ' j f , } i 1 j '.1 -----------~-~-------------~-----------------~~------~--~.-.----------~---------~- TELEGRAM Mr. Jack Russell 1150 Jackson Blvd. Clearwater, Fla. Violently oppose proposed sewage project north Stevenson Creek at this time. Request you postpone until all facts are compiled. Is/ L. E. Cap Jeppel ----------------------------------------------------------------------------~--- PETITION TO THE HONORABLE CITY COMMISSION: The undersigned residents and property owners of the Harbor Oaks area respectfully request the Commission to maintain and protect the R-I zoning regulations now applying to this area, and to deny any and all requests that might have the effect of violating or weakening these zoning restrictions. Signed by fifty-seven persons --------------------------------------------------------------------------------- April 20, 1953 REPORT OF COMMITTEE ON APPLICATION OF MR. AND MRS. C. GORDON WALLIS The Committee appointed to investigate the application of Mr. and Mrs. C. Gordon Wallis for a building permit to construct an apartment in connection with the garage presently existing upon the premises known as 404 Jasmine Way, Clearwater, Florida, has met and has thoroughly investigated the matter, which investigation included a visit to the property in question. The following is the report and recommendations of the said Committee: It is the opinion of the committee that a bona fide personal hardship does exist. The committee further found that garage apartments and servants' quarters exist in connection with other residences in the same subdivision and zone as the subject property. In examining the Zoning Ordinance of the City of Clearwater, the committee found that Use Regulations in an R-l Residence District permits only one-family dwellings and accessory buildings, and that the definition of one- family dwellings and accessory buildings does not specifically include either garage apartments or servants' quarters. The Zoning Ordinance was passed on December 9, 1952, after several Public Hearings, at which Public Hearings no objection was made to the provisions or said ordinance pertinent to this matter, was ratified and given effect by a referendum held on December 19, 1952. Section XVII of the said Zoning Ordinance provides for a Board of Adjustment and Appeal, and provides for variances in the event of certain hardships. The Committee has found the hardships contemplated by said hardship provisions have reference to hardships created by the zoning of particular property which zoning is out of harmony with the zoning of surrounding areas. The hardship provisions do not apply to personal hardships, however severe, or however equitable in nature, and well-founded in fact. It is the opinion of the committee that no valid ground bas been shown upon which the City Commission, sitting as a Board of Adjustment and Appeal, could or should reverse a ruling of the Zoning and Planning Board and 'go , " - : '. . '. ~.' " :'. ~.. , .,,<1_,, t ;:-':1 >':<~/~!,:!:.~: ~~~~It~ t"""'<~"'~');j,>., :~;:;:t,;~~iWr;., " ,t,> ,~,V": ~..I.~.tl:"!i~ ;.':'i~;.:r.i.l>'~"'''l';~~~~.'' \ 'I:!~'1"'\\"'1~~' >~\{""'. :. )i~~fM:,;~i1-:\ ; :=:~~",,"::,,',~:""C;"'_~_ ,~,.,,-,,.__~"..__~_c,,,., ,'~~C',";"":;:;'Z'ti::.:,~~':'7"[~:;~t::~:;t,~;;;'P~ '" CITY COMMISSION MEETING April 20, 1953 (Continued) the Building Inspector. It is the further Einding of the committee that the provisions oE the Zoning Ordinance do not make it possible to grant the instant application. It is, therefore, the recommendation of the committee that the application be denied. 1;8sl/ W. E. Strang, Jr., Chairman Jack Russell /s/ Herbert M. Brown ~~---------------------------~-----------------~----------------~~-~------------ SAKVK 800.224 14. Apr 1953 City of Clearwater P. O. Box l34S Clearwater, Florida Attention: Mr. Charles M. Phillips, Jr. City Attorney Gentlemen: Receipt is acknowledged of your letter of 9 April 1953. You are assured that oil pollution will receive the continued attention o~ this office. It may be stated, however, that enforcement of the Oil Pollution Act is frequently quite difficult due to the lack of concrete evidence as to the source o~ the pollution. The United States Coast Guard is the normal investigating agency and it is suggested that incidents of apparent violation of the Oil Pollution Act be called to the attention o~ the Commander~ 7th Coast Guard District, 150 S. E. 3rd Ave., Miami 32, Florida, or the Commanding Officer of the Coast Guard Air Station at St. Petersburg, with the least possible delay. Reports may also be made to this office by letter, telegram~ or telephone. This office regrets that it is unable to give you any helprul advice as to methods of disposition of polluting oil after it has been deposited on your beaches. It is realized that this presents a very troublesome problem but no simple solution is known to this office. Your interest is appreciated. Sincerely yours J /5/ H. W. Schull, Jr. Colonel, Gorps of Engineers District Engineer Jacksonville District --------------------------------------------------~-----------------~----------~- GITY COMMISSION MEETING Api�il 20, 1953 The City Commission of the Ci�y of Clearvrater met in regular session at City Hall., Monday, April 20, 1q53, at 1:30 P.M, with the Follovaino members present: Herbert M. Brown Jack Russell Wm. E. Crown, Jr. John W. Bates W. E. Strang, Jr. Also present were; F. C. Middleton Chas, M. Phillips, Jr. G. T. McDlamma Sidney Lickton Mayor-Commissioner Commissioner Commissioner Commissianer Commissioner City Manager City Attorney Chief of Police City Engineer Th� Mayor called the meeting to order. The invaeation was delivered by Dr. 0. E. Burton of Calvary Baptist Ghurch, Clearwater. Commissioner Crow*i requested that the minutes of the regular meeting of April 6th be amended by inser�ing the following words in Para�raph 1, Page 65: "and under the prior arrangement- the purchase of the bay bottom land would have cost ths City nothing since taxes received would have rnore than o£fset the annual payments." Ccmmissioner Russell moved that the minutes of the regular meeting of April 6, 1953, be approved as amended in accordance with the copies furnished each member in writing and their reading be dispensed vrith. Motion was seconded by Commissioner �rawn and carried unanimously. The City Manager reported that �:wo bids had been received for constructing six concrete shuff)eboard courts on Clearwater Beach east of the Beaeh Civic Center. The bids were read as follows: Burton tValker Constr. Co., Plant City �2,010.00 W. H. Armston Co., Dunedin 2,220.00 Commissioner Strang tnoved ti:at the bids be refsrrad to the City Manager and the City Engineer for tabulation and a ragart at the next meeting. Motion was seconded by Commissioner Russell and carried ur_animously. It was reported by the City Manager that five bids had been received �or paving and drainage of Commodore Street and Anchorage Way. The bids were read as follows: Paul Giuliani Co., Tarpon Springs �10,569.00 Campbell Paving Co., Clearwater 9,$70.00 Ee H. Holcamb, Jr., Clearwater 10,212.50 Burton Walker Cons�tr. Go., Plant City g�6y,7,5p W. H. Armston Co., Dunedin io,3i4.00 Commissioner Strang moved that the bids be referred to the City n7anager and the City Engineer for tabulation and report at the next meeting. Motion was seconded by Commissioner Crown and carried unanimously. The City Manager reported that four bids had been received for construction o�' a seawall and launching ramp at the Youth Maritime Center. ThE bids were read as follows: R. M. Thompson Co., Clearwat��r �15,�g1.25 W. H. Armston Co., Dunedin 13,6g0.00 Burton Walker Constr. C�., Plant Gity 9,p57,1�7 Misener & McEvoy, St. Petersburg 12,357.50 Commissioner Strang moved that the bids be referred tc the City Manager and the City Engineer for tabulation and report at the next meeting. Motion was seconded by Commissioner Crown and carried unar.imously, C�mmissioner Bates suggested it might be possible to reduce the cost by making a slight chaxige in the speeifica- tians. By consent, it was agreed that Commissioner Bates and Commissioner Strang should meet v�*.ith the City N1anager and the City Engineer t� look into the matter and make their reconunendations. The Mayor announced the Public Hearing on the sanitary sewer system from Edgew�ter Drive to the Atlantic Coast Line Railroad. The City Manager r eported that two preliminary meetings had been held with the Edgewater Drive Rssociation to explain the proposed sanitary se�ver project whieh would cover the area fro�r Clearv�ater Bay to the A�lantic Coast Line Railroad and f'rom Stevenson Creek to the City limits on the nortn. He stated that the proposed system wauld tie intc+ ttse present force main across Steverason Creek and that the new system will not overload the present sanitary sewer system since the Skycrest area has a separate disposal plant. Mr. W. C. Sage, President of the Edgewater Drive Association, read a report addressed to the Commission, st�ting that the Association in a survey had received post cards showing that $5� of the Associatian members were not in favor of having the new sewer system ir_stall.ed. The City Engineer estimated that the project would cost �122,000.00, ��..$5 per front foot or tl�ree cents ger aquare foot. According to the Engineerf it would be necess�ry to replace the line across Stevenson Creek and do away wi�h the two septic tanks in tho existing syetem in Sunset Point which empty into the Creek. He estimated this would cost about �l$,000.00, and there was some discussion as to whe�ther or not the City 7.� �� _z_ CITY COMMISS'LON MEETING Apri1 20, 1953 should take care of thi� portion of the project, thereby reducing the .amour_t of the assessm�nts against individual proFerty owners< Mr. William E. Dunn of the Pinellas County Health Department reported that recent investiPations in the area showed a sewer line discharging into the street on Charles Street where there is water seepage. He also cited a report sha�ving that the wa�er at the mouth of Stevens4n Creek was polluted and not fi� for bathing. For these reasons, on behalf of the St�te Board of Health and �he Pinellas Count}� Health Department, he recommended that tihe City install an adequate sewerage system to serve the area in question. TY�e Mayor suggested that the Commission request the State Board of Health to make an extenszve study of the entira area, not just the creek itselfo �ommissioner Bates moved that tlie Cornmi�sion request the State B�ard of Health to make an investigation of this and report back �urther on it to find out definitely how much and in what way the public health and welfare is endangered and at that time the Commission will be able to have the City Nlanager investigate c�early what part of �he publ3c funds can be justZy put into this projec� so that the cost oan be clearly and definitely known (and from what we get today it will b e substantially less than it was first indicated) and when these factors are knorvn and the Edgewater Drive Association and t2ie proper peaple are natified, the Commission reconsider the matter at an adjourned hearing the firs� meeting in July, Monda•p, July 6th. Motion was seconded by Commissioner Strang and carried unanimously. The Mayor said he would reques� the Edgewater Drive Association to appoint three members of their Association to go into this matter and chsck the reparts. The Mayor announced the Publie Hearing on the hardship case of Mrs. C. Gordon `wallis, 404 Jasmine Way. Mr. Ralph Richards, attorney for the Harbor Oaks Association, presented petitions signed by fifty-seven property ow-ners in :iarbor Oaks requesting the Commission to maintain the R-1 zoning for the area and to d$ny any rec�uests that would violate the restrictions. The City Attorney read �he request of Mrs. Wallis for permission under the hardship provision of the Zoriing Law to build an apartment above the garage located on her property in Harbor Oaks Subdivision. The City Attorney alsc� read a letter from the Zoning Boarci recommend- ing that the request be denied sinca ths present zoning of the property is R-1,� A report from the Committee appointE�i by the Mayor to investigate th� matter was `- read by the City Attorney, xeporting that they had investi�ated the application of Mrs. Wallis and had found that the hardships contemplated by the hardship provision o:f the Zoning Act referred only to hardships created by the zoning of the particular property where such zoning is out of harmony with the zoning of surrounding areas; that the hardship provision of the Zoning Act did not apply to personal hardship however severe. It was the recornmer�dation of the Committee tha� the reco�nmendation of the Zonin� Board be sustained and that the application be deni�d. The written report o£ the Committee is set out in the follosving pages oi these rainutes and made a part thereo£. Commissioner Cro-wn moved that the Committee's report be approved, that the request be denied, and that the Zoning Boardts reporL• be approved. i�otion was seconded by Commissioner Bates and carried unanimously. The City Engineer submitted a plan and asked ths Commisszon for tentative approval of a sanitary sewe•r system for Pinebrook HighTands Subdivision, outside �the City limits, which plan would also affect certain lots now vvithin the City. The City i�anager stated that the owner of the subd3vision, Mr. Al Rogers, cvished to have individual lo�cs assessed for the cost of the sewer. In order to do this, it would first be necessary £or his subdivision to be annered to the City. The City Manager sta�ed tha� the City Attorney was working on an Ordi:�ance to incor- porate N�cVeigh•_Subdivision into the City and this subdivision could be included in the same ordinance. The City Engineer was instructed to prepare estimate,� of approximate cost and submit them at the next regular meeting of the Commission, By consent, it Vras agreed that the Commission would authorize the City Manager, the City At-torney and the City Engineer to proceed with getting the subdivision inside the Gity and estimates on the sanitary sewer system. Commissioner Bates, reporting f�i the I�iquor Zone Comm�.ttee, stated that it was the opinion of the Committee tha� the original intent oi the liquor zoning ordinances was to permit the sale of :Liquor in the business area; therefore, sinae the business area has increased, the Co;nmittee believed it proper to enlarge the area in which liquor is permitted to be sold. He reported that it was the Committee*s recommendation ta grant the rezoning and for the Gommission as a whole, together with the City Manager and City Engineer, to examine the exact locations involved and redraw tne line and prepare the necessary Ordinance 1:-o put this into effect. The Mayor explained that the request ta enlarge the liquor zone had been made by Mr, and Mrs. Chris Catacos�nos in order that �heg might purchase property on which to build a place to houss their restaurant and bar business, now operated as the Clearwater Bay Olub, which the Commission has asked them to move from CiGy premises in Coachman Park because of an expired lease. Commissioner Strang moved that Chapter 15 of the Gity Code of the City of Clearwater, �950, be am�nded to change the boundary for present liquor zoning to include the area within the following lines: on the south, the center line on Chestnut Street; on the east, the center line of Ewing Avenue; on the north, �he center line of Park Street; and westerly on Myrtle Avenue between Chestnut Street and the extended center line of Haven Street. Mr. Ben Krentzman addressed the Commission relative to the application ta vacate and relocate an alley in Block 4, Gould and Er�ring Subdivision. He proposed on behalf of the Woolworth Company to dedicate an area, of 500 square feet in the rear aP the present Woolworth Building as a turn around for trucks servicing the area. Mr. Krentzman sta�ed that the new alley �,vhich they propose to dedicate would be slightly larger tY;an the a].ley which they request to k�ave vacated. _�_ CITY COMMISSION MEET�NG April 20, 19�3 He also pointed out that at present the trucks servicing L-�e axea arz driving across private property, and if this property should 6e buil� on, there would sti11 be a prpblem involved even thaugh the Woolwor�h request were not granted. Mr, William Goza, on ?,�half of Mr. Joseph Gross, stated that h� had been unable to contact his client but that he would advise his client to oppose the proposed vacating of the alley. Mr. Cyril Pogue, on behalf of his cliPnt, reiterated their oppositican to the �losing of the alley and questioned the Gityts legal right to vacate the alley. Mr. B. T, Largen of �he Woolworth Company stated that they were unable �o submit a definite proposa�. until they learn just what would be required of his Company by the utilities concerned and requested that the Comrnission approve the praposal an principle so that the Company cou�.d proceed with its negatiations. He said that at such time as he could get a definite statement of what is required by the utility companies the Woolworth Company would either agree to the stipula- tions or abandon their plans to expand or build. NIr. D. B. Aide of the Florida Fower Corporation and Mr. S. C, Edmunds of the Peninsular Telephone Company stated they wauld have no objQc�zons on behalf of their companies if the Woolworth Company would provide proper protection of and means of access to their utility lines. The Mayor called attention to the f act that no mention had been made as to who was to bear the expense of pavin� tha alley or oi replacing the City►s utility lines, Cammissioner Bates moved that the Commission �o on record as approving this in principle with the understanding -- Z. That the City be 1ef� whole, 2. That suitable arrangeme�sts be worked out with Florida Power Company, Peninsular Telephone Gompanp, and the city utilities. 3. Tha� the other a11ey dedication be �ctually dedicated as per this diagram presented to the City Commission. Motion was seconded b3.(3ommissioner Crown and carried unanimously. Followi.ng the suggestion of Qommissioner Crown, Mr. Krentzman initialed one of the diagrams and filed it with the Clerk as an official copy. The City Attorney, reporting on the investigation of issuir_g an auction license to Howard K. Ewing for his business lc�::ated at 101 Sau�h Garden, stated that since tne applicant was a sober, Iaw-abiding person of geod character, was cver twenty-one years of age, and since the buil.ding was properly equipped for the operation of a�i auction sale, there was no legal cause why the license should not be �ranted. The City Attorney also pointed out that if the operation of the business as an auction proved to be a nuisance, then the license could be revoked. Commissioner Bates moved that a six months license �ae� granted, such license not to be reneY�ed auto- matically at the expiration o£ *ae six anonths period. Motion was seconded by Commissioner Crov�n and carried unanimouslv. The �ity Engineer made a report relative to ths resurfacing, widening, and installing curb and drainage on Nandalay Avenue from Causeway Boulevard to Acacia Street. He estimated the total cost at �$6,000.00, but had not broken the estimate down into parts since he did not know what part of the expense would be an obliga- tion of the City. It was agreed by consent that preli.minary public hearing would be held at the Chapel-by-the-Sea on Clearwater Beach, Friday evening, April 21�th, to inform the property ownsrs of the groposzd improvements. The Engineer thought it would be possible ta advertise for a Public Hearing on Monday, May 4th, and if the reac�ion was favor3ble, that he could advertise the project fo2• bids fifteen days from that date. It was the opinion of the Mayor and the Cor,unissioners that the project should be siarted as soon as possible so that it can be completed before the rainy season. The City Attorney read a letter from Colonel H. W. Schull, Jr., Corps of Army Engineers, Jacksonville, stating i;hat any cases of vialation of the GiJ. Pollution Act should be called to the attention o£ the Coast Guard Station at Miami or St. Petersbuz•g with the least passible delay and regretting that they could offer no solut:�on to the effective disposal of oil deposite� on the beaches. By consent, it was agreed that the letter be accepted. The City I�anager reported that he had conferred �ai.th Mrs. Pauline Armstrong in regard to the urchase o£ the lots dt the northeast corner of Drew Street and Myrtle Avenue, b5� feet x 20Q feet, #'or the My�Lle Avenue right-of-ivay, and that Mrs. Armstrong had the lots listed at �l0,000oG0 but that he was certain that the City could acquire them for �$,000.00. Commissioner Strang moved that the proper authorities be instructed tu buy the 'iots, Motion was seconded by Cnmmissioner Russell and carried unar.imously. The City Attorney commented nn the proposed legislative acts and discussed the nature of each act: i. 2. 3. 4. 6. An amendment to the r_etting law. An enabling act which would enable the City to esta3lzsh seawall lines and bulkhead lines beyond which no fill could be madA. Amendments to the Givil Service Law. Amendments to the Employees Pension act, Amendments to the Charter, changing some of �he election ].aws. An act to enable the City to acqixire tiLle to submerged lands i� Clearwater Bay. It was a�,greed by the Commisszoners that an executive session should be calied to discuss .further the amendments to the Employees Pensian Aet. The City Attorney re�orted that the Civil Service Board had not given final approval to the Civil Service T.aw amendments. By agreement, it was decideci to hold�this act and contact the Civil Service Board. '7 7 I' -�.- CITY COMMISSIO?7 MEETTNG April 20, 1953 It'was agreed that it would be advisablQ �o have a special meeting of the Commissi.on on Monday, April 2'%th, to finish the items on th� a�enda for this meeting. The Ci.ty A�torney read « letter from the Stabe Road Board inviting the Commisslon to be present at its next meeting to take place at Fort Lauderdale on April 2'7th and 2i3th. The members of the Commission planned to go on Tuesday, April 2$th, to confer with the State Road Board regarding various problems. The City Attorney reported that Olin Mills is suing the City, objecting to the payment of a�p50.00 license fee and the placing of a�500.00 surety bond in connection with the license for a soliciting photographsr, r,laiming that the License Ordinance was discrin�inatory and illegaL 7'he City At�orney reques�ted authority to defend the suit. By consen�, the City 4ttorney was authorized to defen� the suit. The City DZanager suggested that while the fill was being made far Se�ninole Dock that it would be to the Cityf's advantage to have a triangular-shaped piece of submerbed prr�perty lying uorth o� the �roposed Seminole Strect fill pumpeci in a� the same time the dredging is being done for the Seminole Street Dock and for the area to be used by the Clearwater Power Sc�uadron. The Conunission gave tacit consent. There being no further business �o cc�rre before the Board, the meeting was adjourned at 7:15 P.M. Attest: ��� , � �� D Ci�y Auditor an Clerk � � ��.' �a or-Commissione • CTTY GOMMISSION MEETING April 20, 1953 Mayor-Commissioner Herbart M. Brown Commissioners: W, E. Crown, Jr., Jack Russell John W. Bates, W, E. Strang, Jr. G�ntlemen: April 17, 1953 The regular meeting o,f the City Commission will be held on Mondaq afternoon, April 20, 1953, at 1:30 p.m. in the City Ha11 Auditorium. This rneeting will be held for the nurpose of discussing the items listed on the attached agenda. FCM:s Enclosure �- Sincerely yours, �s/ F. C. Middleton City Manager Agenda - City Commission Meeting of April 20, 1953 City Hall Auditori�um - 1:30 p.m. lo Invocation, Dr. 0. Eo Burtor.,, Pas*,or af Calvary Baptist Church. 2. Approving the minutes for the regular meetir�g of April 6, 1953. 3. Opening of bids for: A. Shufflebaard Court on Clearwater 3each. B. Paving and drainage of Commodore St, and Anchorage Way. C. Seawall and launching ramp at Youth Maritime Center. 4. Public Hearing on sanitary serrer system from Edgevrater Drive to ACL Railroad. 5. Public Hearing on Hardship Case of Mrs. Wallis. 6. Commission's considera�ion of: A. Sanitary sewer system, Pinebrook Highlands. B. Regart of Committee wzth reference ��o extending liquor zoning. C. Relocation oi alleys in Block 1�, Gou:Ld and Ewi.ngts 2nd Addi�ion. D, Letter from Najar W. Ii. Gunby and report on WSUN property, E. Report from Tax Gommittee. F. Iiegort from Com.mittee on Lo� 11, Block B, Clearwater Beach Sub. G. Report on paving, widening and ciraina e on Mandalap Ave. from Causeway Blvd. to Acacia St. (City Engineer� H. Item with reference to grantYng of occupatienal license. I. Approval of salary for Mayo:r and City Gomm�ssioners J. Letter from U. S. Army Engineers K. Repqrt on i+Iyrtle Avenue Right of Way. (City Manager) 7. Gommission's consideration of items frora the City Attornevis office. A. Ordinance Nn, 634., relating to methods oi qualifying and certifyi.�g candidates %r election. S. Ordinance ho. 635, regarding election laws. C. Report on investi;ation of occupational license for Howard K. Ewing. D. I,etter regarding purchase of submerged lands from William� and Billet, E. Approval of proposed Legislatic�n. F. Letter from Stai;e Rc�ad B�ard. $. Comma�ssion�s consideration of items irom the Zoning Board. 9'. U�ility Improvements. 10. Lot Mowing Applications. 11. Any item not on the agenda will be considered with the consent of the Commi��ion. Adjournment TO THE Ml�YOR AND �ITY CQMMISSION CITY OF CLEAR�IATER, FLORIDA Gentlemen: April 20, 1953 We have had three meetings o� the Edic�water Drive Association, the last being held on Friday evenin�, the 17th day of April, when the subject o� sewer installation was seriously considered. The Association also sent out re�urn post cards asking for a vote on the sewer project. We received over $5� of the return cards as against the proposal, While the Associatian does r.ot repre�ent all the property owners of the area due to th��; fact that many are non-residents, we do represent a aery substantial majority of the home owners. Following are the main reasons for the objection to the sewer project: l. Many new homes haue been built in the Zast few years in this section and a large number during the last year with quite a group just completed. These people have paid for installation of septic tanks and naturaJ.ly do not feel that they can afford ta throw away this money and be subjeat to an apparently heavy assessment for sevrers. In making a very close survey, we have found that there zre a great many people zn our district on a low pension who have paid for their homes and can live aomfortably on their incomes, but if these people are iarced to pay a heavy assessment for new sewers, it definitely would be a hardship on them. 2, On Cammodore Street, where all the home are less than a year old, the people arE already facing assessments for pavzng and for a storm se�ver. The sewer system would be an zdditional hardship. 7q CiTY COMMISSTQN MEE'xING Apri1 2Q, 1953 (Continued) 3. While we ara sure �hat Mr, Middleton and Mr. Lichtpn gave us all the information pertaining to costs, etc. that was available to them at the time they addressed our meetings, we have lzad nathing definite a.^, to the cost o� the project or de�Cails on �he general financing, It was brought up before the meeting i�ha� an $� interest on the de�'erred payments on the sewer was certainlp excessive. i�. The people in this area are cieeply interested in knowing to what extent, if any, they will be obli,gated under �he pro�osed financing or bond arrangements to pay for whatever change will have �o be made for the Overbrook and Sunset Point sections. Naturally they are opposed to assuming financial obligations which should be assLmed by the City ar shared by other property awners who will be ser�ed by the work being paid for by �he Edgewater Drive home awners. Another point braught up Was whethefi the Citp will pay for the taking out of the present septic �ank serving a group around Sunset Poznt and also for the sewer pipe to be laid i.n that section. 5. The greatest apposition is dus to �he fact that we do not have definite in.�ormation as �o cost and general details which we understanc3 wi12 be availabZe as soon as cons�ruction bids have been ahecked, it is not the desire of the Edgewater Drive group ta assume a responsibility and h�ve the costs increased, as we understand they have been on the Sk�crest sewer praject. 6. We, ther�fore, record our opposition and reques� that no action be �aken in respect to oommitmen_ts or conclusions concerning the proposed project until we have had �ple time to s�udy �he matter fUrther. Respectfully submit�ed, EDGEWATER DRIVE ASSOGIATION By /s/ W. C. Sage, Presideni Mr. Jack Russell TELEGRAM 11�0 Jackson Bl.vd. Clearwater, Fla. �'iolantly oppose proposed sewage project north Stevenson Creek at this time. Requsst you postpone until all f>�cts are compiled. �s� L. E. Cap Je�pel PETITION TO THE HONORABLE CTT`f GO'�lMISSTON: The undersigned residents and property owners of the Harbor �aks area sespectfully request the Commission to m3intain and pratect the R-1 zoning regula�ions no�r applying to this area, anc! to d�ny any and a7.1 requests tnat might IZave the effect of violating or weakening these zoning restrictions, Signed by fift}*-ssven persons Apz-i1 20, 1g53 REPORT OF COi�iITTEF, ON APPLICATIOI�T OF MR.. AND MRS. C. GORDON WALLIS The Committee appointed to investigate the a�plication af Mr. and Mxs. C. Gordon Wa11is for a building perreit to'construct an apartment in connection with the garage pr.esently existing upon the premises known as 1�0t� Jasmine Way, Clear�rater, Florida, has met and has thoraughly investigated the matter, which inve�tigation included a vi,�it to the property in question. The fallowing is the report and recommendations of �he said Cpmmittee: It is bhe opinion af the committee that a bana fide personal hardship does exist. The cou�rnittee iurther found that garage apartments and ssrvantst quarters exist in conn�ction with o�her residences in th� same subdivision and zone as the subjec� property. In examining the Zoning Ordinance of �h� City of Cl.earwater, the c�mmittee faund that Use Regula�ions in an R-� Residenc� Di;striet permits anly one-family dwel.lings and accessory buildings, and that the definition of one- f'amily dwellings and accessory buildings does not speci.fically inalude either garage apartments or servants� quarters. fihe Zoning �rdinance was passed on December 9, 1952, a£ter several Public Hearings, at which Pub��c Hearings no objection was made to the provisions of said ordinance pertinent ta this matter, was ratified and given ef£ect by a referenrium held on D�cember 1$, 1952. Section XYII of the said Zoning Ordinance provides far a Baard af Adjustmen� and AppeaZ, and provides for variances in bhe event of certain hardships. The Gommzt�ee has found the hardshi�s contemplat�d by said hardship provisians have reierence to hardships created by the zoning of particul.ar property which zon�ng is qut o£ harmony with the zoning of' surrounding arsas. The hardship pravisions do not apply to personal hardships, however severe, or however equitabl� in nature, and wel.1.-found$d in fac�. It is the opinion o£ the committee that no valid ground has been shown upon which the City Camm�ssion, sitting as a Board of Adjustmen� and Appeal, could or should reverse a rulinJ of �Ghe Zaning and Planning Board and � 8a �1 CITY COMMISSIQN �fEETTNG April 2Q, 1q53 (Continued) the $uilc�ing Inspector. It is the fur�her .finding of the committea that the provisions of the Zoning �rdinance do not make it possible t� grant th� instant applica�ion. It is, there�'ore, the recommendation of the committep that the applzcation be denied. /s/ W. Eo Strang, Jr., Chairmar� �s/ Jack Russell �s/ Herbert M. Brown SAKVK $00.22�. 14 Apr 1953 City of Clearwater P. o. Box 134$ Clearwater, Florida A�tention: Mr. Charles M. Phillips, Jr. City Attarney Gentiemen: Receipt is acknourledged of youx� Ietter of 9 April 1953- You are assured tha� oil pollution will receive the continned at�ention Af this office. It may be stated, however, that enforcement of the Oil Pollution Act ia frequently qui�e di.fficult due to the lack of concrete evidence as to the sou.rce of the pollution. The Uni�ted States Coast Guard is the normal investigating agency and i� is suggested that incidents of apparent violation of the Qil Pollution Act be called to the attention of the Coramander, 7th Coast Guard District 150 S. E, 3rd Ave., Miami 32, Florida, or the CoramancLng Officer of the Coast Guard Air Station a� St. Petersburg, with the least possible aEiay. Reports m�y also be made to this ofiice by letter, telzgram, or tel�phone, Thi� office regrets that at is unabla to give you any hel�ful advice as to methods of disposition of polluting oil after it has bsen depnsit,ed on your beaches. It is realized that this presents a very troublesome problem but no simple solution is known to this office. Your interest is appreciated. Sincerely y-ours, /s� H. W. Schull, Jr, Col�ne�, �orps oi Engineers District Engineer Jacksonville Distriat