06/12/1986
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8. Tom Larkins tor varianoes 1) ot 640 aq tt in
lot area. 2) ot 5 tt in lot width. to permit
oonstruotion or a triplex on'a 75 tt wide lot with
9,360 sq tt. 3)ot 10 tt to permit a driveway 10
tt in width, and 4) ot 1 parking apaoe to provide'
4 parking KpBOeS instead of 5. at 304 & 306
Nimbus. Skyorest Sub Unit 9. Blk B. Lot 9. zoned
RM~28 (multiple tamily residential).
9. 7L Corp (Cleveland St Otfioe Building, Ino.)
tor a varianoe ot 408 I5q tt to permit an
additional identitioation sign with 456 sq tt at
600 'Cleveland st. Gould & Ewing's 1st & 2nd Addn.
elk 8. Lots 1-9, zoned UC(C) (oore ot urban
oenter) .
10. Ronald Sears tor varianoes ot 1) 2 tt in
he1ght. 2) 3 tt $etbaok. and 3) landsoaping to
permit oonstruotion ot a 6 tt high tenoe with zero
setbaok trom street ROWand zero landsoaping on
street side at fenae. at 2004 Gayle Pl, Cedar
Heights SUb, Lo~ 6, zoned R3-8 (single family
. residential).
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DEVELOPMENT CODE ADJUSTMENT BOARD
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June 12, 1986
Members present:
Miohael R. Dallmann, Chairman
Mary Lou Dobbs, Vioe Chairman
Alex Plisko
otto P. Gans
Kemper Merriam
Also present:
Tom Chaplinsky, Building Offioial
John Riohter, Planning Offioial
M.A. Galbraith Jr., City Attorney (arrived at 2:20 p.m.)
Susan Stephenson, Deputy City Clerk
The meeting was aalled to order by the Chairman at 1:00 p.m. in
the Commission Meeting Room in City Hall. He outlined the prooedures
and advised that anyone adversely affeoted by any deolsion 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 have
a verbatim reoord of the prooeedings to support the appeal.
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III ONCIl" to proride ooat1md.tJ' , the 1~ vill be llatecl in
apDda order althN'" DOt 118OOSlSBrllJ' cU.aousaecl in that order.
ITEM - (oontinued from 5/22/86) Frederiok Teague for a
varianoe of 15 ft to permit oonstruotion of a deok 3b inohes
high zero ft from property 11ne, at 631 Harbor Island,
Island Estates Unit 7C, Lot 10, zoned RS-6 (single family
I."esidentlal) .
. The Planning Official explained the applioation and stated the
request was to oonstruot a deok.
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CarOlyn Teague stated she wishes to terraoe her baokyard with
deoking of varying ,heights from 3 Inohes to' 36 inahes. The deoking
will tollow the oontour of the land and will be approximately 21
inohes hi8h at the seawall. The slope or the land varies 46 inohes
tram the deok to the seawall. The deoking will allow them to reaoh
the" dook without going down' a steep slope and the part of the dack
, nearest the seawall will be oonstruoted 80 it will be removable.
Two letters and one petition with six signatures in support were
.:'<";,:. : submitted tor the reoord. ;:..y.
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The Planning orfioial stated the applioant has painted Christmas
decorations on the building and has suspended several ornaments on
the aides ot the building. These deoorations were plaoed on the
building last summer at the time the previous sign regulations were
in effeot. These regulations stated briefly that any pioture whioh
was used to attraot the publio'l!I attention was oonsidered a sign.
The new sign regulations have three tests to 01ass1fy whether
something 113 a sign. The purpose of' the existing sign oode is to
lessen visual olutter and to enhanoe the attraotiveness of the City.
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Jim Dodson, attorney representiug the applioant, stated the
applioant was not aware that deoorations would be oonsidered as signs
and it oost approximately .1500 to have the building painted. He
requested the Board grant the varianoes even if for the amortization
period to allow them to reooup the amount that was spent. The
applioant has reoeived many favorable oomments and he feels the efreot
is aesthetioally pleasing and enjoyed by the tourists. They
consider it a safety faotor for busily traveled S.R. 60 as it oan
be used as a landmark either to find this business or any other
business in the near. vioinity of the building. He questioned the
amount of square footage advertised and felt it should be 100 sq ft
less as some of the drawings are on the windows and are allowed.
He pointed out the City has a large pioture on its Utility building
whioh depiots Clearwater.
The Planning Offioial stated the sign regulations are not an
effort to regulate messages or expressiona and that possibly the
piotures could be oonstrued as non-oommeroial and promoting goodwill~
If the Board thinks there is artistio value in the drawings and that
they oontribute to the appearanoe of the City, and if they are no
more offensive than any other signs in the area, the Board might
oonsider approval for the duration of the amortization period.
Based upon the information furnished by the applicant, whioh
olearly shows that the requirements of Seotion 137.012, City Code1
have been met, Mr. Gans moved to grant the varianoes as requested
beoause they enhanoe the attractiveness of the area, it will not be
materially detrimental or injurious to other property or the
neighborhood, and it will not adversely affeot the publio health,
sarety, order, oonvenienoE:i, or general welfare of the oommunity,
subject to the oondition that it will expire in 10/92 1n aocordanoe
\11th the amortization sohedule for nonoonforming signs in the City
and that a sign permit be obtained within 30 clap from this date.
The motion was duly seoonded and upon the vote being taken, Mrs. Dobbs
and"Messrs. Pliska, Gans, and DalllDBnn voted "Aye;" Mr. Merriam voted
"Nay." Hotion oarried. Request sranted.
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ITEM '4 - Larry Feigley for a variance of 2 ft in height
to permit aonstruotion of a 6 ft high fenoe, 3 rt trom side
property lines at 14110 Druid Rd E, Breeze Hill Sub, Blk
D, Lot 11, zoned RS-8 (single family residential).
The Planning Orfioial stated the request is for a varianoe in
fenoe height to allow a 6 ft high fenoe.
Larry Feigley stated he has a young daughter and wishes to
proteot her from the heavy traffio on Druid Rd. He has made many
improvements on the property and plans to paint the fence and
landsoape it with olimbing roses whioh are already existing. There
will be a 4 tt gate in the fenoe on the east side at the house and
a 16 ft gate on the west side. He wll1 sod the area outside the tenoe
and does not teel it will obstruct traffic.
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Disoussion ensued as to where the tenoe should be plaoed in
relation to the property line abutting San Remo Ave.
The applioant has failed to demonstrate a neoessity for the
varianoe beoause the requested varianoe does not arise from a
oondition unique to this property and is more than a minimum variance
needed to meet the applioant's objeotives. Mr. Gans moved to ~
the varianoe as requested as no true hardship has been demonstrated
and the request would appear to violate the general spirit and intent
of the Development Code. The motion was duly seoonded and upon the
vote being taken, Mrs. Dobbs and Messrs. Gans and Merriam voted "Aye;"
Messrs. Plisko and Dallmann voted "Nay." Motion carl'ied. Request
dWell.
ITEM '5 - Friedrioh Ulfers for varianoes of 1) 5.2 tt and
2) 0.8 ft to permit oonstruotion of a garage addition 4.8
ft froIl1 rear property line and 4.2 ft from side property
11ne at 761 Bruoe Ave, Mandalay Sub, Blk 24, Lot 7, zoned
RS-8 (single family residential).
The BUilding Official stated construotion was started without
benefit of a permit.
The Planning Orfiaial stated the request is for side
and rear setbaok va.rianoes in order to oomplete the building whioh
has already been started.
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Mrs. Ulters stated that many years ago there wa:!! a garage in
the same looation where she is construoting the addition and she was
unaware she needed a permit. She wishes to line the addition up with
the etfioienoy, and the struoture will not be used for anything but
a garage and storage area. It will be finished with the same texture
as the etr~Q1enoy. She also owns the lot to the rear.
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The Building Offioial stated it appears oonstruotion has already
begun on the third unit. Atter oheoking with the BUilding Department,
he informed tho Board a permit had been issued tor remodeling or
rf'lpair of a duplex with a oonstruotion oost of approximately
$1600.00. He stated the applioant paid a minilli.WD tee of $25.00 and
if the permit had indioated that this was an additional unit
oontaining a bathroom, there would have been a sewer impaot tee of
$600.00.
James Halinger, Jr., attorney representing the applioant, stated
the oontraotor went to the City and reoeived a pl!lrmit to OOlDlllenoe
oonstruotion. When he oalled tor the first inspection, he was told
by the City there was a problem and the construotion was stopped.
The addition is 80 to gOJ oomplete and is not inoonsistent with the
surrounding area. It was oonstruoted on an existing slab. There
are ourrently two one-bedroom units on the property and the new unit
is to be an effioienoy.
Tom Larkins stated he intends to blaoktop the parking area and
ho has room for a fifth parking spaoe but this would take away from
the green area and, therefore, he is requesting a varianoe of one
parking space.
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Beoause the applicant has failed to demonstrate a neoessity for
the varianoe, Mr. Pliska moved to deDT the varianoe as requested
because there is no condition whioh is unique to the property, no
unnecessary hardship was shown, it is not a minimum varianoe, and
it is brssed primarily upon the desire of the applioant to seoure a
greater financial return from the property, by having three units
instead of two. The motion was duly seoonded and oarried
unanimously. Request denied.
ITEM 19 - 1L Corp (Cleveland St Offiae Building, Ina.) tor
a varianoe of 408 sq ft to permit an additional
identification sign wi th 456 sq ft at 600 Cleveland 3t,
Gould & Ewing's 1st & 2nd Addn, Blk 8, Lots 1-9, zoned UC(C)
(aore of urban oenter).
The Planning Official stated the request is for a property
identifioation sign larger than allowed by the Code. At the time
the applioation was submitted, the bottom portion of the "R" was not
inoluded in the total square feet and, therefore, they will either
'haVe to make the sign smaller or request additional square footage.
The sign size b$ing requested is larger than'a billboard.
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some . disoussion as' to whether the membership shoUld
or inorease to se,ven. It waa the oonsensus of: the
Board that they oan operate more,arfioiently with rive members. They
requested' a memo be sent to the ColDIllission intorming thell or their
feelings with regard to inoreasing the membership or the Board.
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There
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was
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disoussion regarding height
area and whether they shoUld be
varianoes or setbaok varianoes. The Planning Offioial
dirferenoe between the two.
There was
setback
varianoes for deoks: In
treated as height
olarified the
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The meeting adjourned at 6:05 p.m.
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Deputy City
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