12/07/1990 PUBLIC HEARING
December 7, 1990
9:00 a.m.
Hearing Officer: K. N. Ayers
Also Present: Sandy Glatthorn, Planer II, City of Clearwater
Susan Stephenson, Deputy City Clerk
Issue: Don Curtis Pierson for variances of 1) 1,753 sq ft to allow construction of a triplex on a 8,247 sq ft lot, 2) 5 ft to allow construction of a triplex on a lot 95 ft wide, 3)
13 ft to permit construction of a triplex on a lot 87 ft deep, 4) 20 ft to permit triplex 5 ft from street right-of-way, and 5) 2 ft to permit triplex 6 ft from a side property line,
at 7 Heilwood St, Revised Map of Clearwater Beach, Blk 6, Lot 3 and part of Lot 2, zoned RM-20 per RM-12 (multiple family residential). V 90-40 (DOAH Case #90-2919)
Appearances: Miles Lance, Assistant City Attorney, representing City of Clearwater
John Blakely, attorney, representing Mr. & Mrs. Vasilaros
George Greer, attorney, representing Mr. Pierson
Exhibits Submitted: 1.Tape of excerpts from Development Code Adjustment Board meeting of April 12, 1990 and other enclosures included in letter to Division of Administrative Hearings
dated May 9, 1990.
2. Written recommendation from Planning Services.
3. Photograph of Heilwood Street showing part of Pierson duplex.
4. Photograph of Vasilaros home.
Mr. Blakely stated that Mr. Pierson has requested numerous variances on this property since 1983, some of which have been granted and others denied. Earlier this year he applied for
five variances. Two of the variance were denied and the three variances for minimum lot requirements were granted (variances 1, 2, and 3 above). The Vasilaros' are requesting that
the decision of the Development Code Adjustment Board granting variances 1, 2, and 3 be reversed.
Mr. Greer stated Mr. Pierson has owned the lot for many years and the Board recognized it as a platted lot and a half which can be built upon if the setbacks are met. He asked that
the Board's decision be upheld.
Mr. Pierson stated he built the duplex in 1985. He rents one unit and stays in the other unit occasionally. He desires to construct another unit on the property. He stated there
is considerable foot traffic through his property and he feels the parcel is unique. He cannot acquire any additional property.
Sophia Vasilaros stated that any further additions to Mr. Pierson's
duplex will block the view and the sunlight. It would also block ventilation and decrease the value of their home. She does not want any more tenants to deal with and she is opposed
to any addition to the duplex unless it extends to the west of the existing building.
Sandy Glatthorn stated staff recommended denial of the variances as they felt the property was not unique and there was no hardship. In response to cross-examination by Mr. Greer,
she stated that if the variances are granted certain improvements can be made if the non-conformities are not extended. In response to a question, she stated that the Code allows re-establishment
of what was on the property previously if the damage is limited per code requirements but if the structure were completely destroyed it could not be reconstructed as it now exists without
variances.
The Hearing Officer stated that any proposed orders be submitted within ten calendar days.
Meeting adjourned at 10:00 a.m.