08/28/1986
9. FDIC (Chase Bank ot Florida, N.A.) tor
varianoes 1) at 4 ft 2 inohes to permit pole sign
24 tt 2 inohes h1gh. 2) to permit 2 existing pole
sign3 where suoh s1gns are prohibited. and 3) ot 1
~ tt to permit sign 4 tt from property line abutting
'~~.court St, at 606 Chestnut st, Magnolia Park, Blk
13, Lots 16-16 and r vaaated alley adjaoent to
Lots 16 & 17, AND Court Square. Blk 13, Lots 1-3,
and all'ot alley S of Lot 1, zoned UC(o) (urban
oenter oore).'
10. Eitert Dental Servioes tor a varianoe ot 2
parking spaoes required to pe~lt a 444 sq tt
addition, at lij31 Court St. Breeze Hill SUb, Blk
E, Lot 1, zoned OL (limited oftioe).
11. William W. Wilhelm, R. Grable Stoutamire, and
Ronald Lanoaster tor a varianoe of 10~ to provide
45~ tront yard 'open spaoe, at 1259 S Myrtle Ave.
Milton Park, Blk 15. Lot 9, zoned OL (limited
. oftioe).
-
12. Wayne Crott, Trustee (Trademark Homes, Ino)
tor varianoes 1) 9-3/4 inohes to ereot structure 6
tt 2! inohes trom side property l1ne, 2) of 1 tt
to ereot a soreen enolosure 18 tt from property
line abutting ROW, 3) of 6 inohes to e eot a
struoture 24 tt 6 inohes trom property line
'abutting ROW, and 4} at 2 tt to ereot a 6 tt high
tonoe 1n setbaok area abutting ROW, at 3018 Marlo
Blvd. Shady Oak Farms. Blk B. Lot 12. zoned RS-6
(single family residential).
13. ORDINANCE NO. 4220.86 - AN ORDINANCE OF THE
CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; CREATING SECTION 136.022(k),
CODE OF ORDI~ANCES. TO ESTABLISH MINIMUM STANDARDS
FOR THE PROVISION OF PARKING SPACES FOR THE
HANDICAPPED; PROVIDING AN EFFECTIVE DATE.
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9. O~ted w/oonditions
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10. Dtmled
11. ONDted.
12. 1), 2). 3) G~ted
4) DeD1ed
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13. CoDtiDued to 9/11/86
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DEVELOPMENT CODE ADJUSTMENT BOARD
o
August 28, 1986
Members present:
Miohael R. Dallmann, Chairman
Mary Lou DObbs, Vioe Chairman
Alex Plisko
Otto P. Gans
Kemper Merriam
Also present:
Tom Chap11nsky, Building Offioial (lett at 5:00 p.m.)
John Riohter, Planning Offioial
Hiles Lanoe, Asst. City Attorney
Susan Stephenson, Deputy City Clerk
The meeting was oalled to order by the Chairman at 1:00 p.m. 1n
the Commission Meeting Room in City Hall. He outlined the p~ooedures
and advised that anyone adversely affeoted by any deoision ot 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 deo13ion of this Board to have
a verbatim reoord of the prooeedings to support the appeal.
fit
ITEM 11 - St John's Missionary Baptist Churoh for varianoes
1 ) of 28 ft to allow building 7 ft from Pennsylvania Ave
ROW, 2) of 27 ft to allow building 8 ft from Marshall St
ROW, 3) of 30 ft to allow building 5 ft from Grant St ROW,
4) of 15 ft to allow building 10 ft from rear property line,
5) of 23.8~ building ooverage to permit 68.8~ bu\lding
coverage, and 6) of 75 parking spaoes, at 1500 N
Pennsylvania Ave, Norwood First Addn, Blk A, Lots 6 & 7,
zoned P/SP (publio/semi-public).
The Planning Official explained the applioation and stated a
conditional use for non-oommeroial off-street parking has been
approved by the Planning & Zoning Board.
Kurt YoungstrolD, arohitect representing the applioant, stated
they have reoeived letters frOlll abutting property owners indicating
'they are in support of the applioant's request. He pointed out there
Bre several churohes whioh have similar non-oonforming setbacks as
.those proposed. They wish to move their sanotuary from the seoond
tloor to the ground floor, increas1ng their oapaoity by approximately
3 rows. He has met with the Traffio Engineer and also is working
with ,the .Forester with regard to the trees on the property. O,\e ot
the abutting neighbors has a heavy landscape butter.
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Disoussion ensue~ as to whether the Board would be granting more
than the minimum varianoe needed.
o
The applioant has railed to demonstrate a neoessity for the
varianoes beoause the requested varianoes do not arise tram a
oondition unique to this property and they are more than a minimWII.
varianoe needed. Mr. Merriam moved to cI-., the varianoes. The
motion was duly seoonded and oarried unanimously. Request ~ed.
ITEM '5 - HOC Assoaiates 'B1-A, Ltd tor a varianoe of 18.5
eq tt to permit 142.5 sq ft sign area, at ijOO Park Plaoe
Blvd, Seo 11-29-16, M&B's 23.01 & 23.10, zoned CG (general
oommeroial).
The Planning Offioial stated this is a varianoe for a property
identitioation sign tor Park Plaoe. They propose to place this sign
on one at their out paroels.
41
Paul Taylor, representing the applicant, stated that the existing
wooden V-shaped sign is telllporoary and would be replaoed by the
proposed sign. The sign is designed to aesthetioally blend in with
the shopping oenter. The parael 1s approximately 100 aores and they
wish to develop it to its best advantage. He submitted several photos
Showing the area where they propose to plaoe the sign. He stated
that the two lines ot oopy prOVided for on the aign are to advertise
speoials. They desire to looate the Sign on the out paroel rather
than in the island as they feel it will be easier to see. Placing
it in the island, whioh 1s 1n a different zoning district, would allow
for a larger sign but they feel that the out parael i9 a better
looation.
Kay Deal, Metro Development Corp., stated they wish the sign
to be aesthetioally pleasing and to make it safer for the publio to
find the drive into the development. The tenants of the oenter are
not visible from Gulf-to-Bay beoause of the many trees on the out
parcel.
The applicant has r'ailed to demonstrate a neoessity for the
varianoe beoause it does not arise from a oondition unique to this
property I there is no proven hardship, and a larger sign oan be
located elsewhere on the property without the need for a varianoe.
Mr. Gana moved to 4tDI' the varianoe. The motion was duly seoonded
and oarried unanimously. Request dented.
ITEM '6 - Key Sand Assoalates, Ltd for a varianoe or' 55
rt to 'pol'll1it a building 145 tt high, at 1350 Gulf Blvd,
Sec , 9-29-' 5, M&B' s 14.03 & 14.06, zoned RM-2B (mul tiple
t~ily residential).
The Planning Ottioial stated the request is for a varianoe in
heisht.tor a proposed condominium on Sand Key. It is looated between
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within. 6 months tram this
upon the vote being taken.
Merriam voted "Aye;" Mr.
Request snated.
ITEM '7 - Marvin Kelly (S.J. Vaooaro) for varianoes 1) ot
4. to permit building ooverage or 34~ and 2) ot .04 to
permit a floor area ratio or .34, at 1007,1009. and 1011
N Ft Harrison Ave. J.J. Eldridge Sub, Blk C. Lots 24-26
and part of Lots 27-29, zoned C:I (neighborhood oommero1a!).
date. The motion was duly seoonded and
Mrs. Dobbs .and Measrs. Gans, Plisko and
Dallmann voted "Nay." Motion oarried.
The BUilding Offioial stated two of the buildings on this
property have been oondemned.
The Planning Orfioial explained the applioation and pointed out
that a oonditional use would be required for the parking.
S.J. Vaooaro, stated the zoning ohanged while he was in the
prooess of purohasing the property. The new zoning does not allow
the parking of boats outside, whioh is what he had in mind a.t the
time he pW'ohased the property. FoZ' this reason, he must build a
larger building so all the boats oan be stored inside. The varianoe
tor the building ooverage is over what 1s allowed beoause in oomputlng
the square footage, the City only inoluded the CN property and not
the total property owned by the applioant. He stated with the
exoeption at the varianoes requested, he meets or exoeeds all other
Code reqUirements.
CD
One oitizen spoke in support stating it would be an asset to
the neighborhood and one letter of support was submitted for the
reoord.
Based upon the information furnished by the applioant, whioh
olearly shows that the requirements of Scotion 137.012, City COde,
have been met. Hr. Gans moved to sranto the varianoes as requested
because They are the minimum neoessary to overoome an unneoessary
hardship, subjeot to the oondition that the neoessary oonditional
use tor parking be approved on the adjaoent residential property to
the east and that a building permit be obtained within 6 months trom
this date. The motion was duly seoonded and oarried unanimously.
Request srantoed.
ITEM '8 .. Ben posdal tor varianoes 1) of 7 ft to permit
deak'S tt from W side property line, 2) ot 7.1 rt to permit
deok 11.9 tt tram E side property 11ne, and 3) of 13 tt to
permit deok 12 tt trom mean high water line, at 166
Br1ghtwater Dr, Bays1de Sub ,?. Lot 41, zoned CR-28 (resort
oOlllDeroial) .
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ITEM 112 - Wayne Croft, Trustee (Trademark Homes, tno) tor
varianoes 1) 9-3/4 inahes to ereat struature 6 ft 2! inohes
from Bide property line, 2) of 7 ft to ereot a soreen
enolosure 18 ft from property line abutting ROW, 3) of 6
inohes to ereot a struoture 24 rt 6 inohes from property
line abutting ROW, and ij) of 2 rt to erect a 6 ft hig~ fenae
in setback area abutting' ROW, at 3018 Marlo BlVd, Shady
Oak Farms, Blk B, Lot 12, zoned RS-6 (single family
resid(3ntial).
e
Riohard DaVis, representing the applioant, stated that
approximately 10 rt at the rear of the house on the east side
enoroaahes into the setbaok. The pool and soreen enolosure were
suboontraoted and a permit was granted. Beoause the house was a
model, the City did not require a tinal survey but the home is now
being sold and, in obtaining the rinal survey, the need for the
variances was disaovered. The variance tor the fenoe is being made
at the request of the proposed purahaser. He has been inforomed that
some time in the next several years, when MoMullen Booth Road is
widened, approximately 100 tt of adjaoent lot 13 will be taken by
t~e State, making this house a oorner lot on MUMullen Booth Road.
Based upon the information furnished by the applioant, whioh
olearly shows that the requirements of Seation 131.012, City Code,
have been met, Mrs. Dobbs moved to sraDt varianoes 1" 2 and' 3 as
requested beoause they arise rrom a oondition whioh is unique to the
property in terlll9 of planning and building of same and applioation
of the provisions of this development oode would result in an
unneoessary hardship, subjeat to the oondition that a building permit
be obtained within 6 months from this date. The motion was duly
seoonded and oarried unanimously. Request sranted.
The applioant has failed to demonstrate a necessity for ,'ariance
III beoause the requested varianoa does not arise from a aondition
unique to this property. Mrs. Dobbs moved to ~ varianoe 14 as
requested. The motion was duly seoonded and oarried unanimously.
Request cIIIlled.
ITEM '13 - ORDINANCE NO. 4220-86 - AN ORDINANCE OF THE CIrr
OF CLEARWATER. FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; CHEATING SECTION 136.022(k) ~ CODE OF ORDItfANCES, TO
BSTABLISH MINIMUM STANDARDS FOR THE PROVISION OF PARKING
SPACES FOR THE HANDICAPPED; PROVIDING AN EFFECTIVE DATE.
.,
The Plannins Orfioial stated' this is an ordinanoe to establieh
minimum standards for providing handioapped parking spaaes. The City
.. Attorney baa reooaaended a paragraph be .inoluded oiting the ll'lorida
.,/...'.., ". Statutes' related. to this matter.
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