02/03/1993 PUBLIC HEARING BEFORE A HEARING OFFICER
February 3, 1993 - 1:00 p.m.
Claude & Myra Stinson - Appellants
Hearing Officer: K. N. Ayers
Also Present: Miles A. Lance, Assistant City Attorney
Sandra Glatthorn, Senior Planner
Camille Motley, Central Records Specialist
Issue: Claude Eugene and Myra Sue Stinson for a variance of 7.17 feet to permit construction of a storage shed 2.83 ft from a rear property line at 1387 Lemon St, Brookhill Unit 8, Blk
V, Lot 5, zoned RS 8 (single family residential). V92-46. DOAH Case Number 92-6255.
Appearances: James W. Bauman, Esquire For Appellant
Claude Stinson, Appellant
Vincent Tambarrino
Irving Graham
Jack Lowe
Exhibits Submitted: 1. Letter of Appeal dated October 6, 1992, signed by James W. Bauman, Esq., as representative.
2. Notice of Public Hearing of Development Code Adjustment Board for September 24, 1992.
3. Excerpt of the minutes of the Development Code Adjustment Board of September 24, 1992.
4. Variance Transmittal No. 92-46.
5. Application.
6. Supporting Papers.
7. Planning and Development staff's recommendation.
8. Site Plan.
9. Letter of objection dated September 20, 1992, from Ernest C. and Frances B. Bush, owners of property at 1388 Seabreeze Street, Clearwater, FL.
10. Letter of objection dated September 22, 1992, from James D. Lavelle, Sr. and Patricia A. Lavelle, owners of property at 1390 Seabreeze Street, Clearwater, FL.
Additional
Exhibits Submitted 1. Letter of support dated January 27, 1993, from Vince Tamborrino, owner of property at 1379 Lemon Street, Clearwater, FL.
2. Letter of support dated January 27, 1993, from Erwin and Sue Graham, owners of property at 1389 Lemon Street, Clearwater, FL.
3. Letter of support dated January 26, 1993, from William and Frances Kunze, owners of property 1396 Lemon Street, Clearwater, FL.
4. Letter of support dated January 28, 1993, from Robert F. Gaboury, owner of property 1395 Lemon Street, Clearwater, FL.
5. Letter of support dated January 28,1993, from Jack and Claudette A. Lowe, owners of property 1435 Hillcrest, Clearwater, FL.
6. Letter if opposition dated February 1, 1993, from James D. Lavelle, Sr. and Patricia A. Lavelle, owners of property at 1390 Seabreeze Street, Clearwater, FL.
Exhibits were accepted by the hearing officer.
Hearing officer K. N. Ayers, called the hearing to order at 1:00 p.m..
Opening statements were made by both attorneys.
The record of proceedings before the Development Code Adjustment Board was admitted into evidence and four witnesses, including the appellant, were called and sworn to give testimony
in support of the variance.
Mr. Claude Stinson gave testimony stating the site plan properly reflected the current layout of the property. He had thought the easement was 3 feet. He stated it would be a hardship
if he had no proper place to store records, books., etc. He did not know if the contractor who started the structure was licensed and assumed the contractor had taken all necessary
steps to satisfy any requirements for the structure. He felt the structure would be an improvement and would not impair surroundings properties in any way.
Mr. Vincent Tambarrino stated the structure would be a big improvement to the property.
Mr. Irving Graham stated the structure would improve the property by 100%. He stated that he had never spoken to the appellant because he felt they must know what they were doing and
it would not make any difference to him whether or not there was a shed.
Mr. Jack Lowe testified that the proposed structure would look like it was part of the original home. He also stated that the debris which had been cleared out by the appellant had
been a hazard.
Sandra Glatthorn gave sworn testimony regarding her review. She cited the eight (8) standards which applied to the case that were not met. She stated the lot appeared to be overcrowded.
Ms. Glatthorn stated that a sewer line was located in the easement. The review procedure does not involve talking to neighbors of the applicants.
Mr. Ernest C. Bush gave sworn testimony in opposition of the variance saying the building is unsightly and presents a danger in high winds.
The hearing adjourned at 2:40.
(Note: Hearing Officer upheld DCAB's denial of variance)