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08/25/1988 DEVELOPMENT CODE ADJUSTMENT BOARD August 25, 1988 Members present: Alex Plisko, Chairman Mary Lou Dobbs Kemper Merriam John Homer Members absent: Otto Gans, Vice Chairman Also present: Tom Chaplinsky, Building Official (left at 3:10 p.m.) John Richter, Planning Official Miles Lance, Assistant City Attorney (arrived at 1:35 p.m., left at 2:45 p.m. and returned at 6:45 p.m.) Susan Stephenson, Deputy City Clerk The meeting was called to order by the Chairman at 1:00 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised that anyone adversely affected by any decision of the Development Code Adjustment Board may appeal the decision to an Appeal Hearing Officer within two (2) weeks. He noted that Florida law requires any applicant appealing a decision of this Board to have a record of the proceedings to support the appeal. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. ITEM A - (continued from 7/14/88) George Karas for variances of 1) 8.5 ft to permit deck 6.5 ft from rear property line, and 2) 8.5 ft to allow fence atop deck in setback adjoining waterfront, at 660 Snug Island, Island Estates Unit 7B, Lot 63, zoned RS-6 (single family residential). The Planning Official stated this item had been continued from the meeting of July 14th due to a tie vote. He explained the application briefly. George Karas stated the variances are to allow the semi-circular portion of the deck. He stated he would answer any questions the Board might have rather than go over the facts again. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variances as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, subject to the condition that the main portion of the deck will not impinge into the setback area and the variances are only for approximately 100 square feet per the revised drawing, and that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM B - (continued from 7/14/88) Everybody's Tabernacle, Inc for variances 1) of 7 ft to permit 5 ft setback from side property line, 2) of 5 ft to permit minimum building separation distance of 15 ft, and 3) of 20 ft to permit 5 ft setback from a street R.O.W., at 1260 Engman St, Fairburn Addn, Blk A, Lots 1 & 2, zoned CN (neighborhood commercial), AL/C (aquatic lands/coastal), and P/SP (public/semi-public). The Building Official stated there is still one building under construction that has not received a certificate of occupancy. Parking included in the site plan for this building has been eliminated by the new proposed use. The Planning Official explained the application in detail and explained the preliminary site plan was approved in July pending approval of the variances. He requested that, if the variances are granted, they be contingent on the P/SP and AL/C zoned property being rezoned to CN. Barbara Green, representing the applicant, stated this property serves as an emergency shelter and they wish to set up transitional housing. They have twelve trailers and need land to put them on. The trailers will be limited to families only. She pointed out that most of these people do not have cars and the storage sheds will be used to hold furniture that is given these people when they leave the site. There was some discussion regarding density and whether the trailers would fall under single family use or multiple family use. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variances as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and they are the minimum necessary to overcome an unnecessary hardship, subject to the condition that the property is rezoned CN and this variance applies as long as the units are being used as transitional housing for the homeless and that the building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #1 - Robert McWeeney for a variance of 2 ft to permit fireplace 23 ft from a street R.O.W., at 2022 Gayle Place, Cedar Heights Sub, Lot 3, zoned RS-8 (single family residential). The Planning Official explained the application in detail and pointed out that the fireplace will extend two feet into the setback. Robert Chouinard, representing the applicant, stated that when the building permit was applied for, no one noticed the fireplace intruded into the setback. When final inspection was done, the inspector informed him a variance would be needed. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition which is unique to the property, and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #2 - K.D. Sauder for variances 1) of 2 ft to permit a 3 ft landscaped strip between parking lot and residential zone, 2) of 16% front yard open space to allow 34%, and 3) of two loading spaces to provide zero loading spaces on site, at 924 Mc Mullen Booth Rd, Sec 9-29-16, M&B's 32-01 & 32-02, zoned CG (general commercial). The Planning Official explained the application and stated it involves conversion of a restaurant into a retail building. James Baxter, attorney representing the applicant, stated the applicant is converting the old Savoy restaurant into an office building. The hardship is created by the widening of McMullen-Booth Road. There is a jog in the road to protect the Kapok Tree across the street. More land is being taken from the west side than from the east side of McMullen-Booth Road. To preserve the existing building, they can not provide the required front yard open space. They propose to have prestige, low traffic type shops and they envision the largest vehicle delivering items to be the size of a UPS truck. There currently is a chain link fence covered with vines and they don't feel the reduction of the buffer zone is significant. They are making efforts to save the large tree. Three citizens spoke in opposition stating they were concerned about being boxed in, the location of the dumpsters, and the fact that the property has not been maintained. In response, Mr. Baxter stated the ear trees will be removed and they agree to construct a six foot concrete block fence. Based upon the information furnished by the applicant, Mr. Merriam moved to grant variance #1 as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a wall be erected on the west side of the property and that a building permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Messrs. Merriam, Homer, and Plisko voted "Aye;" Mrs. Dobbs voted "Nay." Motion carried. Request granted. Because the applicant has failed to demonstrate a necessity for the variance, Mr. Homer moved to deny variance #2 as requested because there is no condition which is unique to the property. The motion was duly seconded and upon the vote being taken, Messrs. Merriam, Homer, and Plisko voted "Aye;" Mrs. Dobbs voted "Nay." Motion carried. Request denied. Because the applicant has failed to demonstrate a necessity for the variance, Mr. Merriam moved to deny variance #3 as requested because there is no condition which is unique to the property, no unnecessary hardship was shown, and it is not a minimum variance. The motion was duly seconded and carried unanimously. Request denied. ITEM #3 - Emelita Bargar (Fulton) for a variance of 2 parking spaces to permit 2 parking spaces in lieu of the 4 parking spaces required, at 3013 St. Croix Dr, Sall's Lake Park 3rd Addn, Blk K, Lot 8, zoned RS-8 (single family residential). The Planning Official explained the application and stated the facility is used as an Adult Congregate Living Facility. A variance was granted in June for lot area to allow additional residents. Donald Fulton, representing the owner, stated he was advised of the need for a parking variance when he applied for the conditional use. He feels they do not need the additional spaces and he can not provide more than two spaces on the property. One letter in support with three signatures was submitted for the record. One citizen spoke in opposition stating the ACLF has created a dangerous traffic situation for the neighborhood children and expressing concern that the additional residents are clientele and not staff. Mr. Fulton responded that according to HRS, both clientele and staff are considered residents. He stated he goes to the home every day in his capacity as a registered nurse. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that the variance be granted for one year only at which time a determination will be made as to whether there are traffic problems and that a permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #4 - Richard Martin for variances 1) of 2 ft to permit swimming pool 23 ft from a street R.O.W. and 2) of 2 ft to permit a 6 ft high fence in setback area adjoining a street R.O.W. where property is not addressed, at 1963 Lansing Dr, Beckett Lake Estates, Blk 2, Lot 9, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Richard Martin stated he wishes to build a swimming pool and erect decorative fencing which will be landscaped. He is concerned about safety for the neighborhood children since they do not plan to screen the pool. One citizen spoke in support stating he had no objection to the pool or the fence and felt the fence was needed for safety of the neighborhood children and to buffer the noise from the pool. Based upon the information furnished by the applicant, Mrs. Dobbs moved to grant variance #1 as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. Based upon the information furnished by the applicant, Mrs. Dobbs moved to grant variance #2 as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that the fence be landscaped with mature shrubs on the street side, the fence is limited to the location as shown on the site plan submitted and that a building permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Homer and Plisko voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. ITEM #5 - George Wattles III for a variance to permit a 4 ft high fence in setback area adjoining waterfront, at 112 Windward Island, Island Estates Unit 4, Lot 70, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Norman Smith, representing the applicant, stated the owner has rebuilt the wall twice with no problems. The wall has been situated on the centerline of the easement, but they now plan to offset a ten foot section of it by 2-1/2 feet. Discussion ensued as to whether it was necessary to offset a portion of the fence. Based upon the information furnished by the applicant, Mrs. Dobbs moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Homer and Plisko voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. There was a recess from 3:10 p.m. to 3:20 p.m. ITEM #6 - John Gallant for a variance to permit fence in setback area adjoining waterfront, at 643 Harbor Island, Island Estates Units 6-D, 7-A & 7-C, Unit 7-C, Lot 12, zoned RS-6 (single family residential). The Planning Official explained the application in detail. He pointed out a variance was granted previously but the applicant did not obtain the building permit within the specified time necessitating a new application. John Gallant stated he thought he had six months to get a permit and then found he was given only one month and the time had expired. He stated he is replacing an existing fence. There was some discussion as to whether or not a portion of the fence was being placed where there was no fence previously. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, subject to the condition that a four foot fence be allowed in setback adjoining waterfront on south side only as a replacement fence and that a building permit be obtained within two (2) weeks from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Mr. Merriam voted "Aye;" Messrs. Homer and Plisko voted "Nay." Motion failed. Request continued to September 8, 1988, due to a tie vote. ITEM #7 - Clearwater Christian College Private Schools, Inc. for a variance of 4.8 ft to permit construction of building 30.2 ft from a street R.O.W., at 3400 Gulf-to-Bay Blvd, Sec 16-29-15, M&B 11-01, zoned P/SP (public/semi-public), AL/C (aquatic lands/coastal), and RS-4 (single family residential). The Planning Official explained the application in detail. James Bauman, attorney representing the applicant, stated the college has recently purchased 70,000 additional volumes and they now need to expand their existing library to house these volumes. The addition will be a continuation of the existing building and, if the variance is not granted, it would preclude them from using the additional volumes. He stated Dasmascus Road is a public easement but the entrances to the library are on the north side of the building. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #8 - Mobil Oil Corp. for variances of 1) 72.9 sq ft to permit a 184.9 sq ft property identification sign and 2) 6 ft 2 inches in sign height to permit a 26 ft 2 inch high pole sign, at 2696 U.S. 19 N, Sec 30-28-16, M&B 31-01, zoned CH (highway commercial). The Planning Official explained the application in detail. John Miller, representing the applicant, stated the State is requiring the sign be moved. He ordered a sign less than the allowable 112 square feet but when he applied for the permit, he found the sign exceeded the allowable size because of the method used by the City to measure the sign area. He feels the hardship is caused by the State's requirement the sign be moved and the sign will be difficult to see once the overpass has been completed. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variances as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, subject to the condition that the sign be brought into conformance in October, 1992, and that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #9 - Americana Gulf Motels, Ltd for a variance of one (1) parking space to provide zero additional parking spaces to allow one unit of a duplex to become a 750 sq ft office, at 411 S Gulfview Blvd, Lloyd-White Skinner Sub, Lots 72-74 & part of Lot 75, zoned CR-28 (resort commercial). The Planning Official explained the application in detail and stated the request is to allow conversion of one duplex unit into an office without providing the additional parking that is required by the change of usage. The Planning and Zoning Board has approved a conditional use to allow a portion of the duplex unit to be used as an office. Steven Watts, attorney representing the applicant, stated there is street parking and a municipal parking lot across the street and they do not feel the proposed real estate office will burden the parking on the surrounding properties. Based upon the information furnished by the applicant, Mrs. Dobbs moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Mr. Homer voted "Aye;" Mr. Plisko and Merriam voted "Nay." Motion failed. Request continued to the meeting of September 8, 1988, due to a tie vote. ITEM #10 - Joseph Caraco & Franco Iocolano for a variance of 2 parking spaces to provide zero additional parking spaces to permit retail use (550 sq ft) to become fast food use, at 432 Poinsettia Ave, Barbour-Morrow Sub, Blk A, Lot 41, zoned CB (beach commercial). The Planning Official explained the application in detail. The property is developed with a small motel which has been converted to shops and eating facilities. The request is to convert a retail area to a fast food use. A variance of 18 parking spaces was granted in 1981, but under today's Code, this would equate to a variance of 9 spaces. Prokos-Gruner, representing the applicant, stated this property is not located on the main street. There is municipal parking in the area and most of the clientele will be walk-in. They do not plan to have seating in the establishment and they have received no objection from the surrounding business owners. The area to be converted is 495 square feet. One petition in support with 34 signatures was submitted for the record. One citizen spoke, expressing concern if the yogurt shop is replaced by a higher traffic use. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that this variance applies only during the time it remains a yogurt shop and that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #11 - Ross Wehling for variances 1) of 2 ft to permit a 6 ft high fence in a setback adjoining a street R.O.W. where property is not addressed and 2) to permit finished side of fence to be turned toward property on which fence is place, at 1850 Asbury Dr, College Hill Park Unit 1, Lot 30, zoned RS-6 (single family residential). The Planning Official explained the application in detail and stated the variances are necessitated due to the finished side of the fence facing in toward the owner's property. The lot is a double frontage lot with Old Coachman Road abutting the rear of the property. Ross Wehling stated there was an existing six foot wooden fence when he purchased the property. He was unaware he needed a permit to replace an existing fence. He is willing to move the fence back three feet but if the variances are not granted, it will place the pool outside the fence. He plans to landscape the fence. Based upon the information furnished by the applicant, Mrs. Dobbs moved to grant the variances as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and they are the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #12 - Countryside Colonial Center Partnership for variances 1) of 56 sq ft of property identification signage to permit 80 sq ft and 2) of 15 ft to permit a 21 ft high pole sign, at 2759 State Road 580, Acker's Sub, Blk 2, Lots 6 & 7, zoned OL (limited office). ITEM #13 - Countryside Colonial Center Partnership for variances 1) of 76 sq ft of property identification signage to permit a 100 sq ft pole sign and 2) of 15 ft 9 inches to permit a 21 ft 9 inch high pole sign, at 2753 State Road 580, Acker's Sub, Blk 2, Lots 2-5 & 19-22, zoned OL (limited office). The Planning Official explained these properties are side by side and are developed with offices. The variances for Item #12 have been reduced to permit a 48 square foot sign rather than the 80 square feet originally proposed and to reduce the height of this sign to 12 feet rather than the 21 feet as advertised. The variances on Item #13 have been reduced to permit an 80 square foot sign rather than the 100 square foot sign originally proposed and to reduce the height to 19 feet instead of the 21 feet 9 inches originally proposed. Todd Pressman, representing the applicant, stated he felt the original requests were not minimal and he was able to reduce the variance requests. The widening of S.R. #580 and the turn lanes in this area create a hardship. The property borders on the City limits and larger signs are permitted in the County. Discussion ensued regarding the changes and the shortage of time to review them. Mr. Merriam moved to continue Items #12 and #13 to the meeting of September 8, 1988. The motion was duly seconded and carried unanimously. ITEM #14 - James Wells for variances 1) of 40 sq ft to permit a 64 sq ft property identification sign and 2) of 12 ft to permit an 18 ft high pole sign in an OL zone, at 2270 Drew St, Temple Terrace 1st Addn, Blk D, Lots 18 & 19, zoned OL (limited office). The Planning Official explained the application in detail. James Wells stated the office building is in a commercial type environment. State Farm has certain signage requirements and the smallest road sign that is available is 3 feet by 8 feet. He feels this size is the minimum necessary to be seen. The variance is needed to provide signage for the other tenants in the building. The property was annexed into the City in the latter part of 1987 and was downzoned at that time. He has an option on the adjacent lots. Because the applicant has failed to demonstrate a necessity for the variances, Mr. Merriam moved to deny the variances as requested because there is no condition which is unique to the property, no unnecessary hardship was shown and, to some extent, the hardship was caused by the owner, they are not the minimum variances, and they violate the general spirit and intent of this development code. The motion was duly seconded and carried unanimously. Request denied. The meeting recessed from 5:30 p.m. to 5:45 p.m. ITEM #15 - Countryside Village Ltd for variances 1) of 102 sq ft to permit 150 sq ft of business identification signage, 2) of one (1) business identification sign to permit two such signs (#1 & #2 pertain to Famous Footware, space #112), 3) of one (1) business identification sign to permit two such signs, and 4) of 6 sq ft to permit 48 sq ft of business identification signage for business with 28 ft frontage (#3 & #4 pertain to Mantrap, space #114), at 2547 Countryside Blvd, Countryside Village Square, Lots 5, 7, & 8, zoned CC (commercial center). Mr. Plisko stated he had a conflict of interest in regard to this item. The Planning Official explained the application in detail and stated the request involves business identification signs for two of the businesses in the shopping center. Tim Johnson, Jr., attorney representing the applicant, stated the request is for two variances for each of two businesses. They are requesting a second sign for each business because they have both front and rear entrances. Famous Footware is a proposed tenant that will occupy 5,500 square feet and is contemplating signing a twenty year lease. Mantrap is presently located in the shopping center but is moving to another space. He feels Famous Footware is a major tenant in every sense except in the size of the store. Famous Footware is requesting two signs of 75 square feet each. The length of the name should be taken into consideration when considering the size of the sign. Mantrap is a local operation which currently has three signs. They presently have a 24 square foot sign at their front entrance and wish to have a 24 square foot sign at the rear entrance. Based upon the information furnished by the applicant, Mr. Merriam moved to grant variance requests #3 and #4, for Mantrap only, as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and they arise from a condition due to the particular physical surroundings, shape or topographical conditions of the property involved, subject to the condition that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Merriam and Homer voted "Aye;" Mr. Plisko abstained. Motion carried. Request granted. Based upon the information furnished by the applicant, Mr. Merriam moved to grant variance #2 as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it arises from a condition which is unique to the property as a result of the shape of the building, subject to the condition that one additional identification sign will be permitted for space #112 and that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Merriam and Homer voted "Aye;" Mr. Plisko abstained. Motion carried. Request granted. Considerable discussion ensued regarding the size of the sign in variance #1. Mr. Merriam moved to continue variance #1 to the meeting of September 8, 1988. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Merriam and Homer voted "Aye;" Mr. Plisko abstained. Motion carried. Item #1 continued. ITEM #16 - Althea Davis for variances 1) of 35 ft to permit construction on double frontage lot 75 ft deep, 2) of 1250 sq ft to permit construction on lot with 3750 sq ft of lot area, 3) of 5 ft to permit house 20 ft from Jergen's St R.O.W., and 4) of 15 ft to permit house 10 ft from Metto St R.O.W., at 907 Jurgens St, Palm Park Repl, Blk B, Lot 5, zoned RM-8 (multiple family residential). The Planning Official explained the application in detail. Althea Davis stated she must demolish the existing structure and she needs the variances to construct a home. One citizen spoke in support stating that if the variances are not granted she will be unable to replace her house. The present existing building has been condemned and the proposed structure provides larger setbacks than currently exist. Other houses in the area are close to the street. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variances as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and the particular physical surroundings, shape or topographical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #17 - Morritt Homes, Inc. for a variance of 7 parking spaces to permit zero additional spaces required by change of use, at 2015 Gulf-to-Bay Blvd, Midway Sub, Lots 1-12, zoned CG (general commercial). The Planning Official explained the application in detail. One business in the shopping center wants to change from a retail operation to a fast food operation which requires more parking. On March 10th, several variances were considered with some being granted and some denied. Peter Perhoch, representing the applicant, stated the owner intends to renovate the building in the fall of 1990 so they are only planning to sign a two year lease. The space proposed to be converted is 900 square feet. The business owner currently has a store in the center but wishes to expand his operation. Bruce Heisler, the on-site property manager, stated he has done a survey of similar centers and found the parking in most instances to be less than what the Code requires. The majority of the business will be catering. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that this variance shall terminate two (2) years from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #18 - Cesar Abreu for a variance of 13 ft to permit screen room addition 12 ft from a street R.O.W., at 2061 Druid Circle S, East Druid Park, Lot 1, zoned RS-8 (single family residential). The Planning Official explained the application in detail and stated the request is to construct a screen room which will align with the wall of the existing building. Eloisa Abreu stated they wish to construct a screen room and she addressed the two variances that were needed. Discussion ensued as to the fact that only one variance was advertised. It was determined there was a second variance mentioned in the application which could not be voted on as it was not advertised. It was the consensus of the Board to vote on the advertised variance and schedule the second variance to be heard at the meeting of September 8, 1988. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #19 - Brandywine Homes, Inc. for a variance of 4.5 ft to permit pool enclosure 20.5 ft from Landmark Dr R.O.W., at 2405 Hillcreek Circle, Countrypark, Blk D, Lot 20, zoned RS-6 (single family residential). The Planning Official explained the application in detail. Robert Kiefreider stated that when his company purchased the lots, they were given a survey of the lots. He applied for a building permit and provided a survey that indicated where the home would be placed on the lot. A proposed purchaser of the home negotiated with a pool builder to have the pool built. After the pool was constructed, he arranged with another company to install the screen enclosure. Work on the screen enclosure was stopped because a setback violation was discovered. The hardship is that the rear of the home has french doors that can't be individually screened. The home is on a corner lot and they are concerned about the hazard of an open pool to the neighborhood children. The pool has been used while awaiting this variance hearing. As it presently exists, the home can not be sold for anything but cash because a title company will not insure it due to the encroachment into the setback without a variance permitting it. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #20 - City of Clearwater for a variance of 6 ft to 28.9 ft to permit reduced building separation distances between various proposed buildings, at 1605 Harbor Dr, Sec 10-29-15, M&B 12.02 AND Fairmont, Blk D, Lots 1-13, Blk I, Lots 1-9, zoned P/SP (public/semi-public) and OS/R (open space/recreation). Terry Jennings, Public Works Department, stated the State has mandated changes to upgrade the treatment provided by the wastewater treatment plant. The structures must be placed in close proximity to each other because of functions between the structures and the limited amount of land available. There is no additional property the City can purchase. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition which is unique to the property and was not caused by the applicant, and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. MINUTES Mr. Homer moved to approve the minutes of July 14, 1988, in accordance with copies submitted to each Board member in writing. Motion was duly seconded and carried unanimously. The meeting adjourned at 7:15 p.m.