CITY OF PINELLAS PARK

BOARD OF ADJUSTMENT MINUTES

REGULAR MEETING

December 17, 2013

The meeting was called to order at approximately 7:00 p.m. by Charles Murray, Chairperson, Board of Adjustment.

PRESENT: Charles Murray – Chairperson

Charles Wasson

William Holmes

James Hampson

Robert Andolina

ABSENT: Edward Kosinski – Vice Chair

Dean Braden

STAFF PRESENT: Amanda Clement, Planning and Zoning Analyst

Melissa Thrumston, Zoning Staff Assistant

James Denhardt, City Attorney

INVOCATION: Charles Murray

PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES: September 24, 2013

MOTION was made by Mr. Wasson and SECONDED by Mr. Hampson to APPROVE the minutes of September 24, 2013.

Ayes: Charles Murray, Charles Wasson, William Holmes, James Hampson, Robert Andolina

Nays: None

THE MOTION PASSED

REGULAR AGENDA

PUBLIC HEARING OPENED

1.  CASE NO.: BOA 2014-3 (QUASI JUDICIAL)

REQUEST: Consideration of a request for a variance to reduce the setback for a concrete slab on the east, side yard from 5' to 0'.

LOCATION: 10396 57th Way

QUASI – JUDICIAL

Mr. Murray – Read the rules and procedures for the Board of Adjustment.

Ms. Thrumston – Swore in anyone speaking on the request before the Board.

Ms. Clement - Confirmed that all procedural requirements have been met and presented the case file, to include the staff report, application, and map into the official record.

QUESTIONS FOR STAFF

None

PROPONENTS

Mr. Frank Barker - 10396 57th Way - I have been sworn. I am the property owner. I had no idea that I was in any violation of anything. I am here to address any questions you may have. Obviously my request is I am building a workshop about 228 square feet. The City has approved a permit for me to build it and it is on a slab that has been there for many years. I was come to the awareness that it does violate the set backs. It was poured by a client of mine, I am a CPA by profession, and he is a contractor. I told him I wanted to put in a shed. I would just like to do what I'd like to do with my property. I have a nonconforming lot that perhaps prevents me from some privilege that others may have that have a rectangular lot. My next door neighbor has no objection to it and has provided a letter to that effect. You can see in the picture there is the square footage of the shed I intend to build. If that slab was to be removed it really impedes the efficiency of what it is I was hoping to be able to accomplish. That slab was installed about 20 years ago.

Mr. Andolina – So, that slab is not going to be replaced? It is sitting there and you just want a variance for what?

Mr. Frank Barker - The variance to allow that red striped section on the right hand side. The five feet against the fence I want the variance to allow me to keep it.

Mr. Andolina – It has been there for twenty years you say?

Mr. Frank Barker - I don't know how many, but probably. At least, my next door neighbor has been there for fourteen and it has been there for as long as he has been there.

Mr. Hampson – Is the shed going to be attached to the house?

Mr. Frank Barker - Yes. The reason I am doing this is my father passed away in February of 2011 and with my sisters negotiated deal with them is they could have the jewelry if I could have the garage. So, I have all of my dad's tools, some of which really should be replaced for a $25.00 item, but they're dad's. The shed that I currently have on there, there is probably two feet between the shed and the house which is unusable space, because of the way the shed sits. I went to the City and asked if it was possible for me to have a building built there where I actually attach it to the wall of the house. So, they told me what I had to go through. I had an architect draw up what the plans would be and went through the approval process. So, they have approved me to build a 228 square foot shed right there in that space and when it was getting permitted is when it surfaced that there was a slab that did not have an approval.

Mr. Hampson – Is there an entrance to the shed from the house?

Mr. Frank Barker - No. Really it is just a stick shed and I am going to wrap it with Smart side panel board from Home Depot. It will have a double door on one side and a double door on the back side, so I can go through it with the intent to build a work bench set up my tools and set up a wood shop.

Mr. Hampson – Will you have electricity in the shed?

Mr. Frank Barker - Yes.

Mr. Holmes – Has the slab ever caused any drainage problems?

Mr. Frank Barker - No.

Mr. Holmes – Is it likely too?

Mr. Frank Barker - No.

Mr. Andolina – The letter you have is the neighbor you have on the same side?

Mr. Frank Barker - Yes. His name is Hawk. We put up the fence together that runs between our property.

OPPONENTS

None

BOARD DISCUSSION

MOTION was made by Mr. Hampson and SECONDED by Mr. Wasson to APPROVE case number BOA 2014-3 subject to the following conditions:

1. The concrete slab shall have an east, side yard setback of 0'.

2. The variance will be for the existing concrete slab only.

ROLL CALL VOTE

Ayes: Charles Murray, Charles Wasson, William Holmes, James Hampson, Robert Andolina

Nays: None

THE MOTION CARRIED

PUBLIC HEARING OPENED

2.  CASE NO.: BOA 2014-5 (QUASI JUDICIAL)

REQUEST: Consideration of a request for a variance to reduce the west, side yard setback and south side yard setback from 10' to 5' for the construction of a freestanding garage.

LOCATION: 5800 106th Terrace

QUASI – JUDICIAL

Ms. Clement - Confirmed that all procedural requirements have been met and presented the case file, to include the staff report, application, and map into the official record.

QUESTIONS FOR STAFF

None

PROPONENTS

Mr. Robert Hancher - 5800 106th Terrace, Pinellas Park. I have been sworn. The variance I need of the ten foot to the five foot, I really don't need ten foot of dead space if it is granted. I would like to keep the backyard instead of the dead space behind it. Do you have the architect drawings that show exactly where it is going to be on the property? I intend to put in drain tiles to make sure there are no problems with drainage to any other property. There has never been a problem; the interceptor that is there goes to the pond across 106th Terrace from my back yard directly into the drainage system holding pond.

Mr. Murray – Access to the garage will be from 58th Street?

Mr. Robert Hancher - I have already talked to Pinellas County about what I have to do to cross. They want something solid so your not breaking the edge of the roadway. I will see there is no blockage. There will be no restrictions to the interceptor on 58th Street for drainage.

Mr. Murray – The drain inlet that is there now will remain there?

Mr. Robert Hancher - Yes. I will see that there is adequate drainage to get to the interceptor. I'm not a body shop and I'm not going to run a business out of it. I have 5 old cars I play with but I am not into building and restoring old cars. I like to be able to do minor work. I have owned the property since April of 2010. I never go to the garage after 6:30-7:00 at night, so it wouldn't be somebody out there beating and banging until 1:00 in the morning.

Mr. Andolina – Have you talked to the Homeowners Association? What is their beef?

Mr. Robert Hancher - The 30 feet that was vacated on 106th Ave. was done away with. That property is actually mine it has nothing to do with the Homeowners Association. That has never been incorporated in to the Homeowners Association. That is strictly my property, adjoining my property. The rest of the property is part of the Homeowners, but that 30 feet was vacated from 106th Avenue and it is not really part of the subdivision. The Homeowners have no jurisdiction over that 30 foot. There is already one house in the neighborhood that has a detached garage. I'm not asking for something that is not already there. I'm don't want his torn down because I can't have one. I'm not that type of person.

Mr. Andolina – Are you going to have electric there?

Mr. Robert Hancher - Yes.

Mr. Andolina – Plumbing?

Mr. Robert Hancher - I will run water out there to wash my hands, but I'm not putting in a toilet and a shower, and turn it into a snowbirds heaven.

Mr. Murray – The 30 feet you are talking about can you point it out on the drawing?

Discussion held on 30 feet vacation on 106th Ave. at visual.

Mr. Murray – The drainage easement that was just vacated is just above that 10 foot?

Mr. Robert Hancher explains on an aerial site map.

Mr. Hampson – The Assistant City Manager's observation was that you could build the shed without this variance and keeping the ten foot set back. Have you considered that?

Mr. Robert Hancher - The ten foot set back, like I mentioned before, it is dead space. There is going to be a fence and there is no room to use it for anything like a garden. I'm not asking to build on the property line, because I have told the utility companies that they have a five foot easement. There are no utilities running down there. They are up front, underground or they come in from the west overhead. The guy from Duke says that if they have a power outage and they need to run temporary power they want to be able to get through there with a temporary line.

Mr. Hampson - I wonder, if this was declined, would you go ahead with building the garage and keep it from the ten foot?

Mr. Robert Hancher - It would restrict the size of the building I could build. I would like to hold it to the dimensions I have.

Mr. Andolina – What was the square footage of the building?

Mr. Robert Hancher - Thirty by forty. Thirty-foot wide and forty-foot deep.

Mr. Murray – I would like to ask legal to address the HOA rules effect the City?

Mr. Denhardt - The HOA rules do not effect the City. The City has its Zoning rules and its criteria and its criteria for variances and special exceptions and anything like that. HOA can have deed restrictions that are either more or less restrictive than the City's requirement. As you are looking at the variance, and frankly, just as the City Council looked at the Vacation the other night, City Council pointed out that we are looking at the Vacation as we would any other Vacation irrespective of the HOA. That doesn't mean that if you grant the variance this gentleman might not have difficulty with the HOA. I understand they have a difference as to whether the HOA rules are imposed upon the Vacated portion or just upon the lot that was originally in the platted subdivision. That could be a very good issue and something they may have to resolve among themselves or judicially in the future. The HOA, though, is an effected neighbor just as in any other quasi-judicial hearing and they are entitled to present their views and why they think the variance should or should not be granted. Certainly their views are entitled to the same weight as say any other adjacent neighbor in a quasi-judicial hearing.

Mr. Murray – So, our decision would be based on whether or not the request meets the criteria that we would use in every other case.

Mr. Denhardt - That's correct.

Mr. Andolina – Does the City have any opinion on whether the HOA does have jurisdiction on that vacated land?

Mr. Denhardt - I don't know that the City does one way or the other. I first heard of it the other night at the City Council meeting. Frankly, I have not been asked to try to opine on that one way or the other and I'm really not sure that the City has any dog in that fight. It really doesn't make any difference, because the City could grant the vacation and could grant the variance tonight and if the HOA rules apply to this parcel then that might be the stop of the project. It is a pretty unique issue. I have never reviewed the HOA document. It may have some unusual language in there so that applies to the platted lot and anything else that might ultimately become vacated and become part of that lot.

Mr. Wasson – The trees that are going to be affected.

Mr. Robert Hancher - I have a friend that is a tree specialist and there is one oak tree that will be affected. He has already told me he could come in there and move that tree and replant it.

The By-laws for the HOA are twenty five years old. I don't know who wrote them, I bought the property in 2010, but they are very loosely written. In 2010 when I bought the property there was $110.00 per year assessment as HOA dues. I took possession the first week of April and I asked the management company "when does my obligation to start?" and they could not give me an answer; "when does the fiscal year start?" they did not know. I found out later it started January 1st. Well, if you buy a house and a third of the year is gone, you only pay three quarters of a year. This management company saw fit in September that because I had not paid the $110.00 to hire an attorney, put a lien on my property; for $110.00 and it cost me $500.00 to straighten it out, and nobody on the council to the Homeowners even knew anything about it.

OPPONENTS

Mr. James Lehmann - 5885 107th Terrace, in the Country Haven Subdivision. I have been sworn in. I am speaking on behalf of the Country Haven HOA. I am the secretary. I am an elected director, as is Mr. Jerry Lowry, President of the HOA. I am speaking on behalf of the association.