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05/22/1986 . 8. Mary G Realty Co, Ino tor varianoes 1) of 7 tt to permit second story residential addition 3 tt from S side property line, 2) ot 6.5 tt to permit addition 3.5 ft trom rear property line, ,and 3) ot 2 parking spaces, at 490 Handalay Ave, Clearwater Beach Park, Lots 57 - 63 and part ot Lot 64, zoned CB (beaoh oommeroial). 9. ,Frederiok Teague tor a varianoe ot 15 tt to permit construotion at a deok 36 inches high zero tt from property line, at 631 Harbor Island, Island Estates Unit 70, Lot 10, zoned RS-6 (single family residential). 10. J.K. Finanoial-Clearwater Square, Ino. for varianoes 1) of 18.1 sq tt to permit identifioation sign on N side of building with 126.1 sq ft and 2) at 18.1 sq ft to permit identification sign on W side of building with 126.1 sq ft, at 601 Cleveland St, Gould & Ewing 2nd Addn, Blk 13, Lots 1 - ij AND Sea 16-29-15, H&B 11.05, zoned UC(O) (urban oenter-oore distriot). .. 11. W. Thomas Larkin, Diooese of St. Petersburg tor varianoes 1) of 23 ft to allow oonstruotion of a storage building 12 ft from MagnOlia Dr ROW, 2) of 3 tt to permit wall zero ft from Magnolia Dr ROW, 3) to permit zero landscaping, and 4) to permit zero aooess gates in wall, at 820 Jasmine Way, Mount Orange Rev, Blk B, Lots 9-11 and part of Lots 12-16; Blk C, part of Lots 18-21; Blk 0, Lots 1-3ij, 38-42, part of Lot 35, AND Magnolia Park, Blk 40, Lot~ 1-3, 6-10, zoned P/SP (publio/semi-publio). 12. Gary Travnioek for a varianoe ot 5 ft to permit extension of garage 2 tt from side property ;" lln~, at 302 W Druid Rd, Harbor Oaks, Lot 31, zoned RS-6 (single family residential). ,~ I : " '.,4 ,....... ,,' ,l,:", , ::, 13S- 8. 1) & 2) ONDted 3) Dml-.l 9. CoIlUm_ to 6/12/86 10. ONDtecl varianoe of 44 sq ft tor eaoh of 2 signs 11. Granted wI oonditions 12. OI'fUlte4 " ", ., " ,- , " DEVELOPMENT CODE ADJUSTMENT BOARD '. May 22, 1966 Members present: Michael R. Dallmann, Chairman (lert at 5:15 p.m.) Mary Lou Dabbs, Vice Chai~n Alex Pliska Otto P. Gans Kemper Merriam Also present: Tom Chaplinsky, Building Orfioial (left at 3:30 p.m.) Andy Onut'er, Building Ofriolal (arrived at 3:41 p.m.) John Richter, Planning Ot't'ioial H.A. Galbraith Jr., City Attorney Susan Stephenson, Deputy City Clerk ,CD The meeting was oalled to order by the Chairman at 1:00 p.m. 1n the COmmission Heeting Room in City Hall. He outlined the prooedures and advised that anyone adversely affeoted by any deoision of the Development Code Adjustment Board may appeal the deoision to an Appeal Hearing Offioer within two (2) weeks. He noted that Florida law requires any applioant appealing a deoision of this Board to haY'e a verbatim reoord of the prooeedings to support the appeal. ITEH - (request for time extension) A. Smith Howard for a varianoe of 1.30J to permit 16.30J impermeable lot ooverage, at 350 Hamdan Dr, Columbia Sub 13, Lots 10 & 10A, zonad CTF-28 (high density oommeroial-tourist). Ron Landers. representing the applioant, stated they had submitted plans but are awaiting aealth Department approval betore they oanapply for the building permit. He felt this prooess should be oompleted within the next several weeks. Hr. Gans moved to &NJl~ a 60 da7 time extension from 5/26/86. The motion was duly seoonded and oarried unanimously. '. ITEM 11 - Daryl Saylor for a varianoe of 5 t't to permit pool enolosure 25 ft from street ROW. at 2361 Weatherington Rd, Coaohman Ridge Traot A-II. Lot 165, zoned RS-6 (single family residential). Thel Building Ot'fioial oomented that, while visiting the site regarding the pool enolosure, he noted an atrium had been built into the lIetbaok and sta.ted this would be red-tagged. . ' ~ o Based upon the information furnished by the applioant, whioh olearly shows that the requirements ot Seotion 131.012, City Code, have been met, Mr. Oans moved to SNDt the variAnoe as requested beoause it arises from a oondition whioh is unique to the property andft is the minimUM neoessary to overoome an unneoessary hardship, subjeot to the oondition the wall b6 stuoooed or tinished and painted, and that a building permit be obtained within 6 months from this date. The motion was duly seoonded and carried unanimously. Request ......te4. ITEM '4 - Kennard & Mary Mortimer tor varianoes 1) of 10 ft to permit pool enolosure about existing pool and deok 30 ft tram street ROWand 2) of 6 ft to permit pool enolosure 4 tt from side property line, at 605 Monterey Ave, DelOra Groves, Lots 565-587 and part of Lot 568, zoned RS-4 (s1ngle family residential). The Planning Offioial stated the request is for a val.ianoe to allow the applioant to align a pool enolosure with the side of the house. Mary Mortimer stated there is a to preserve. It is very diffioult to of leaves from surrounding trees. removed. ' huge 11 ve oak tree they wish keep up with the pool beoause The existing fenoe ~ill be e I Based upon the information furnished by the applioant, whioh olearly shows that the requirements of Seotion 137.012, City Code, have been met, Mr. Gans m'Jved to pomlt the varianoe as requested beoause it arises trom a oondition whioh is unique to the property and it is the minimum neoessary to overoome an unneoessary hardship, subjeot to the oondition that a bu:l1ding permit be obtained within 6 months from this date. The motion was duly seoonded and oarried unanimously. Request sr-nted. ITEM '5 - Professional Speoialities Ino. (Charles Babula) tor a varianoe ot 6 sq tt to permit a 12 sq ft business sign within an offioe oomplex, at 623 Court St, Court Street Condo, Unit 823, zoned un (E) (urban oenter-eastern oorridor). The Planning Offioial stated the request is for a varianoe in the allo~ble square tootage of a business identifioation sign. Vinoent Cabella, representing the applioant, stated p60ple driv1ug by "auld not be able to locate their business it' they have the size aian allowed ,by the Code. They have been in busines~ tor , ' , ;,,' '..~' over, 30 1ears. at a dit'terent looation and have noted the tratt10 tlow , ' " ,.'.,. ,,:' : attt11s', loaat10n is less than at. their preVioUS looation. The sign ;~5;.'~~~t,~::<',:,;..~:/,:: WO~d;;b~, 'fi1.\8h with the eaves and looated between the pillars whioh '. \\:'~',:~ :~V;:,:..;:; ,~," ~, T. ,tt. ap&l"t., ,This 1s a group of 00~dOll1n1U11l ottioea. ' , ,': , . ,', t~~~~!ti:f~~,i~::;:'f:[~~:/;;'~~'~:)';'~~",,:,,;:',:,\:::, .., " .' '., ~ :'~< ';" '~,:,".:;,;: ~:"......}~."".,.~..~.~:.-,-: 1I'.1,:\}"... ~f ,". " . ( ",~ 1 ~ '" " ," -'1" .;,!...."'T~::.~..f:~~...:~..:':\.I~~.,~..i.,:...;:. ,~~.. ,\,,'rr-,h . q .: ,. ',' . '. , ,,',. " """ ..., ..: . ',' :'~ .....l'.~'i. ;"..P.;')"~l"~k";;"H't;'t"';'''i'"""""" . ,', "'3' '",,' ,,'., ", '~"5/22/86;' '.,.'. .",' .', .,,', "",.,. , r., "?gJ~~J!~{f~~~~;~~~\,#~i~~U'i;L,:~,::':,;,i~,,};:'>'~,,';,i::: ,,;{:'::;:,~<~; ,,<:. )~::,;' !~;:;,t;~~/")::LiN):{'~~ ~ :'~i~~:;~~1~::i)~:~;t{~~~1~~~t~~~~~1:~~if;l~~~~%~i1ii~lf~~$V~t~~r{r&tH~~d~~;0:~~f~~f~?~ - ; 1.~._,.. f, ~'" ~~. .... ..A-'I.....;j;~~tf;;J,.P\ ;~:i II-J~~ t."a{fu,..lJj,'-.Ie""l~.-':ii'.",...;.t;R.).." :~.N-:-('\..~~ CD "e One letter ot support with tour signatures trom the other oondominium owners was submitted tor the record. Based upon the information turnished by the applioant, whioh olearly shows that the requirements at Seotion 131.012, City Code, have been met, Mr. Pliska moved to ......t the varianoe as requested beoauec:. 1t:; arises trom a oondition whioh is unique to the property and it is the minimum neoessary to overoome an unneoessary hardship, sUbjeot to the oondition that 9. sign permit be obtained within 6 JZIOnths from this date. The motion was duly seoonded and upon the vote being taken, Mrs. Dobbs and Meesrs. Gans, PliSka, and Dallmann voted "Aye"; Hr. Merriam voted "Nay." Motion oarried. Request putecl. , I Tho Planning Otticial stated the pavilton 18 loaated seaward 'ot the Coastal Construotion Control Line and the request is to'allow , .. an addition. The City' leases the property to an individual. Ue <\: ~ ,c ," ", ,~lStated \ the 1180004 story liteguard station will enhance beaab safety., ~~?~J(tiii~i,;;jf)':'~:::.~:';:~:::"~:" ..... '..... . , . .' . . ,..".' . ~ ' '11!..~P.,~.,\,,,..........,. r." Cd' ,<" , , ,",' ., ,;'. . , \~ -~i~~il~#t~\:~\'G~~r~):'f':;~-";;'~;\':':~:~""f:.J/, .'~ ~ ' 'r .~:.,' , ' ' , .' : :,," ,... ~ ,', '., .', l!~~',h'{,/,..;:;;.\.;-,,,,~-r~I1,'1;\~-I'.ia"'j.rHI~~,I~:.~. ~,!II.,' "':."" 1~.;: ,..' .5/22/86.' ~"', -,,;,'~.'I . :j~'. ~.:!t:~. -';'l- ,r....~~~~l?'.:.\ ':-:'.'::"!;N-:.~".~~;"',l.i:~\."I'~:~'.~+'~ ~:-'\~ ...'i)..:.' '. '. I", ': ','~ ',~.' :,' .~, ~:: ,.:'. ' :1,: ~:~I'~_~ ,,',~', -I" r:', - .:, ,'1.".: :".~' ,; .~, .,':'"-".j' '~' .(11';";''4 ."",...tS,. .\"..t:....,~<, ~}""{ .' ~,.,.,~ n ~"" '" ~.~ .. . ,," .' :.r'Jt {' ," ,> II '. , /' 'j;;' 'l~!~A ~'~q~{~;~t~~~~~~~,~~;ii.~?f~\t~~!~~,:?V~:l::<;.i,;':~,':;;~::i~~<~..;<),;;i> J;::~;':'>:,:;.:;~,~:~:::,.:i,~,~/;~/~j::;,:.::~ ,:" 'i:,~;~:.~ :',~;,/~\:.~~~~i.:}~~, -d;{.~t~~4h!~t.1:~}t(~'J;},\\;:~Fd:l~2~i:~t~~,~J.t'2,~1~~;;;~,;;~;'<!:~f/::~~if.:tifW:~~:.:~:;;~,;;J,i~ ~,~ ,,\ ':;(,;;~':,' '; ':'~ ,~j~~:::!r'.':%" " ffp'~,~>;"i-'Att.f.,lc~A:"",\iJ.!~'~~W.<,t ;'x.i(~;{r;~, :'n4r~::)jt4-:,~~~1r~k( !~{>'/}'2{;'!::~~'~r. ,;' :'J~~, ~<<{ ,~,:"r..,:-!,';~\,'~. f'.;';7i;:~1tJt'~ " ITEM 16 - Emory Baldwin for a varianoe of 20 ft to oonstruot ,a oarport 5 tt trom ROil of Baok Dr, at 2641 Main St, fl1ll Top SUb, Lots 2 and 3. zoned OL (limited offioe). The Planning Offioial stated this is a double frontage lot and the owner wishes to oonstruot a oarport 5 tt from the right-of-way. A previous variance was granted in Ootober, 1982, for the existina oarport. Emory Baldwin stated the surrounding area is QOllllDeroial. The use~ oar lot has no objeotion to his proposed plan. , \ Based upon the information furnished by the applioant, whioh olearly shows that the reqUirements of Seation 137.012, City Code, have been met and that the striot applioation of the Development Code would result in an unneoessary hardship upon the applioant as the result ot unique oonditions not oaused by the appl1oant, Mrs. Dobbs moved to pwat the varianoe as requested subject to the oondition that the building permit be obtained within six (6) months of this date. The' motion was duly seoonded and upon the vote being taken, Mrs. Dobbs voted "Aye;" Hessrs. Plisko, Ganst Merriam. and Dallmann voted "Nay." Motion tailed. Request deD1ed. ITEM 11 - City of Clearwater for a varianoe to oonstruot an addition to the existing S Beaoh Pavilion seaward of the Coastal Construotion oontrol Line, at 332 Gultv1ew Blvd, Lloyd-White';'Skinner, Lots 18 and 19 and part ot Lot 20, zoned OS/R (open space/reoreation). I '-II' e Beoause the applioant has failed to demonstrate a neoessity tor the varianoe, Mr. Gans moved to dtD;f the varianoe as requested beoause it is an addition to a nonoontorming" use, no unneoessary hardship was shown, and it 'its not a minimum varianoe beoause there is more than one usage. The motion was duly ~eoonded and upon the vote being taken, Messrs. Pliska, Gans, Merriam, and Dallmann voted "Aye;" Mrs. Dobbs voted "Nay." Motion oarried. ~equest dialed. Tom Ct\apllnsky was replaoed by Andy Onuter.', ITEM ,a - Mazoy G Realty Co, Ino tor varianoes 1) of' 7 tt to permit seoond story residential addition 3 ft trom S side property line, 2) ot 6.5 tt to peruiit addition 3.5 tt tram rear property line, and 3) ot 2': parking spaoes, at 490 Handalay Ave, Clearwater Beach Park, Lots 57 - 63 and part ot Lot 64, zoned CB (beach oommero;al). The Planning Orfioial stated the request is for 3 varianoes to permit a seoond story addition. It is highly desirable in the beaoh oommeroial distriot to develop it with retail use at grade level and residenttal use on the seoond story. - Peter Caftdntzis, representing the applioant, oited portions of the Code to show that the requested development met Code requirements. The standards ot the beaoh oommeroial distriot are tailored to reoognize and oomplement the established development' ot the beaoh. They require a varianoe of two parking spaces to allow them to oonstruot 5 apartments on the seoond 'floor. Acoording to the Code, 7.25 apartments would be allowed with regard to allowable density and they did not feel the request to oonstruot 5 apartments was unreasonable. They feel the 8 tt separation between the1r building and the one o~ the adjoining property owner will supply adequate ventilation. The property has been betore the Board previously tor other varianoes. ' Two citizens 3poke in support stating the property is marginal and the Code allows tor flexibility in the var1anoe prooeslS~ Three letters ot support were submitted tor the reoord. One oitizen spOke in objeotion. " The Building Offioial stated the property is in a tlood zone and this would have to be addressed prior to the building permit being issued. ': ,', , '. ' c , . ~ , ' ,-:'. .. . " , " ., '~ e Based upon the intormation turnished by the applioant, whioh olearly shows that the requirements of ~eotion 1310012, City Code, have been met, Mr. Gans moved to srant varianoe requests 11 and '2 as requested beoause they arbe tram a oondition whioh is unique to the property and they are the minimUlll neoessary to overoome an unneoessary hardship, sUbjeot to the oondition that a building permit be obtained within 6 months from this date. The motion was duly sEloonded and upon the vote being taken, Messrs. Gans, Merriam, nnd Dallmann voted "Aye;" Mrs. Dobbs and Mr. Pliska voted "Nay." Motion oarried. Request~. Beoause the applioant has tailed to demonstrate a neoessity for the varianoe, Hr. Gans moved to d~ varianoe '3 as requested beoause it is not a m1nim'.I1II varianoe. The motion was duly seoonded and oarried unanimously. Request deD1ed. ITEM 19 - Frederiok Teague tor a varianoe ot 15 ft to pe~t oonstruotion of a deck 36 inohes bigh zero tt from property line, at 631 Harbor Island, Island Estates Unit 10, Lot 10, zoned RS-6 (single family residential). The owner requested this item be oontinued to the June 12, 1986 meeting due to a death in the family. CD By oonsensus, the Board agreed to oontinue this 1 tem as reque~ted. ITEM '10 J.K. Finanoial-Clearwater Square, Ino. tor varianoes 1) of 18.1 sq ft to permit identifioation Sign on N side of building with 126.7 sq ft and 2) of 18.7 'sq ft to permit identifioation sign on W side of building with 126.7 sq tt, at 601 Cleveland St, Gou\d & Ewing 2nd Addn, Blk 13, Lots 1 - q AND Seo 16-29-15, M&B 11.05, zoned UC(C) (urban oenter.oore distriot). The Planning Ofrioial stated Ordinanoe ,q116 provides that eaoh business be allowed one business identifioation sign. The applioant is requesting two identifioation signa of a greater size than 1s allowed by the Code. Dave Eggars, representing the applioant, stated the sign has been redesigned sinoe the original applioation and will only be 92 sQ .tt rather than as advertised. Both the tenant and owner will sutter a hardship it the ~equest is not granted. The suooess ot the projeot' requires a major tenant, preferably a finan01al, institution. It is their opinion that the size ot the signs is reasonable for a 9 story building. Al Justloe, flpoke on behalf of SWl Bank,' ,stating the establishlllent of", ,a bank in this building is a oontinuation' of tholr state-Wide ,',\ .'...' , " prci&rU to 'establish th.uelves in downtown areas throughout l"lorlda. ~(~.:~":;'(t:'~~,'<:;,,':;.'.:;':.i::.:,:::<<';:!,''':\',:-~":' ' , ':'. ,,' ", .' " ,;'," '.". " t- -t-J ",' I . ,..' I.... ..~ "....'. . ',- + " . . , ' ?"f';':dh'~:':~~;\,i~;;~}~~,;,<.l.~,:":,<,>:: ;.' /', :',' '....,. " " " " . " , '~' '. " "', ,~,' " .. ,. , , \,~";.'.~,.,:;'''''' '. '.',\ "" ...., ,1. "" ,5/22,186.,.,....,., '" ',' . ',' : ?~~~Jf:~~~\~~j~;~;~:'t~{USi'i,i;;~;' ,C,':> ':\,~ !,\,!:";~,, :;X::;~::' ,i',; ~;;';;';:.i~~i::i;r';&;:,;,~ .{,{;:;:!; ,:':,:"if:S~' ~J:l",~.!.t5,)dt{.V.',''l'''~' ::;,,,,.;.(>,, ,." ,,' ~": ': "\':" ,;l.":"" c ':~".'(; J." '~"::. ",_ :' 1):;'-i:l~~;~tt .'." ~;~:; 't.......t:. i..... " i',; Q, "l,: ,1r.,...,;;.\.~, '~'." '\;.: r.~~~") . ~"""!' :';-', It . .'~" ..',,<<,. .. .J', t"',..' :'. ~"I\":,l-:- ..... """~,.Mrf.'.o.;~.~ ..,-.I. ..~:;:pt.,...~ t.O.'.tI":::"'1..~~..~..~.i,.{.~n...::.'~"'-iV-:17';'I-!ut:'- 1.4....;' -..', I , .1 ~":" ," , ~7<c~.'i \,1 -r,.,-lt.\-,M'J;l.i;';j-.rt.......'..tr.l" ..!....t.~;1I...l..,,:l,~~ 1 r:.~~. e Diok Pritts stated the storage shed will have a height of 111 ft to the top of the mansard. The height of the offioe/olassroom bUilding to whioh it will be attaoh&d is 15.8 ft. One o1tizen spoke in objeotion wi th regard to plaoing the wall on the property line and eliminating landsoaping. Based upon the information furnished by the applioant. whioh olearly shows that the requirements of Seotion 131..012, City Code, have been met, Mr. Pliska moved to sran~ the varianoes as requested because they arise from a oondition whioh is unique to the property and they are the minimum neoessary to' overoome an unneoessary hardship. subjeot to the oondition that varianoe requests 12 and '3 be 11m!ted to approximately 50 ft of wall as indioated on a site plan submitted with the applioation and that a building permit be obtained ,,!thin 6 months from this date. The motion was duly seoonded and oarried unanimously. Request srante4. Hr. Dallmann left the meeting at 5:15 p.m. ITEM '12 '..Gary Travnioek for a varianoe of 5 tt to permit extension 'of garage 2 ft trom side property 11ne. at 302 W Druid Rd, Harbor Oaks. Lot 31. zoned R5-6 (single family residential). 8 The Planning Offioial stated the request is to enlarge an existing nonoonforming garage. Gary Travnioek wishes to enlarge his garage as it only aoaolDlDodates' a small oar. It will be attaohed to a guesthouse to the rear of the property and he also plans to move a wall on the guesthou39. Based upon the information furnished by the applioant, whioh olearly shows that the requirements of Seotion 131.012. City COde, have been met. Hr. PUeko moved to sran~ the varianoe as requested beoause it arises from a oondition whioh is unique to the property and it is the minimum neoeasary to overoome an unneoessary hardship. subjeot to the oondition that a buildina permit be obtained within 6 months trc.m this date. The motion was duly seoonded and oarried unanimously. Request ~t4d. 'MINUTES ,\ ," .' '" Mr. ,Gans mov~d to approve the minutes of Hay 8. 1966, in aooordanoe with oopies submitted to' eaoh Board member 1n writing. Kotlon as duly seoond.ed and oarried unlll'..imoudy. ~~ . '. . ,c., ,c:".. ,.." I. '~t~;fl~~~f;~i~;>;':\~;:';':'i> < . , . 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