12/2/1988 PUBLIC HEARING
December 2, 1988
9:09 a.m.
Present:
Donald D. Conn, Hearing Officer
Also present:
Susan Stephenson, Deputy City Clerk
Issue: 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). (appealing the restrictions placed on variance approval)
Case No. 88-4968
Appearances:
John Gallant, representing himself
Miles Lance, Assistant City Attorney, representing the City of Clearwater
Exhibits submitted by the City:
Exhibit #1 - Chronology written by Kemper Merriam
Exhibits submitted by appellant:
Exhibit #1 - Letter from Island Estates Civic Association
The Hearing Officer accepted into evidence those items submitted with the letter dated October 3, 1988, requesting the appeal hearing. He also noted the issue of this hearing is the
north side fence only.
Miles Lance submitted tapes of Development Code Adjustment Board meetings of May 12, 1988, August 25, 1988, and September 8, 1988, as well as minutes and the application for the meeting
of September 8, 1988. The Hearing Officer accepted these items into evidence. Miles Lance read into the record a chronology written by Kemper Merriam concerning the events of this
case.
John Gallant stated at the Development Code Adjustment Board meeting of May 12, 1988, he told the Board he was replacing existing fencing and was granted a variance for both sides of
the fence, but he did not pull the permit in time. Part of the fence is 4 ft high and part is 6 ft high. If he takes down part of the fence it will look unfinished. When he bought
the house, the wood fence was there. He found termites in the fence and decided to repair it. He was told he did not need a permit to repair the fence. Later, he decided to replace
the entire fence. He knew he needed a permit for that. The City found him in violation for putting up the fence without a permit. When he went to get a permit, he found out he needed
a variance.
The Hearing Officer questioned the appellant, noting it was not clear on the April application as to which fencing was being replaced and which part was extended.
John Gallant submitted a letter from the Island Estates Civic Association of no objection. Kemper Merriam stated the letter is the opinion of only one person not the whole association,
and the matter of John Gallant's fence was never brought before the association. Mr. Merriam also stated the Code requires a clear view for setback areas of waterfront lots.
In response, John Gallant stated removal of the 15 feet of fencing would
look bad, the fence looks good now, and the neighbors are satisfied.
The meeting adjourned at 9:45 p.m.