06/13/1991 (2)
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DCAB
DEVELOPMENT CODE ADJUSTMENT BOARD
DATE'
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
THURSDAY, June 13, 1991, 1:00 p.m. - COMMISSION MEETING ROOM
THIRD FLOOR - CITY HALL - 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA
To consider requests for variances of the Land Development Code:
I. Public Hearings
Item A - (continued fronl 5/23/91)
Francis and Alice Smith for a
variances of (1) 38 parking spaces to
permit 10 parking spaces at 1215 N
Greenwood Ave, Greenwood Park No 2,
Blk E, Lots 32-33, zoned CNG (North
Greenwood Commercial). V 91-26
1. Victor P and Ann R Wozniak for
variances of (1) 2 ft 2 in to permit
height of 27 ft 2 in; (2) 1 ft 2 in
to permit ridge of roof 5 ft 2 in
above mid-point at 1623 Windsor
Place, Windsor Woods II, Lot 4, zoned
RS 6 (single family residential). V
91-27
2. N i ge 1 and Rosanne Manse 11 for
variances of (1) 13 ft to permit
add i t i on 2 ft from a side property
line; (2) 23 ft to permit addition 2
ft from a rear property line; (3) 2
ft 10 in to permit roof height of 27
ft 10 in height; (4) 1 ft to permit
ridge 5 ft above mid-point height of
pitched roof at 802 West Druid Road,
DeAD Agenda
Item A - Granted subject to the
following conditions: 1) The
applicant shall obtain the required
separation'distance variance from the
City Commission; 2) The applicant
shall provide assistance to the staff
in identifying available properties
for the installation of public
parking facilities; 3) Approval of
this variance shall be for an 18-
month trial period, after which time
the request shall be re-examined by
the Board to determine if the
anticipated neighborhood orientation
of the facil ity has changed and if
parking problems have developed as a
result (This condition is agreeable
to the app 1 i cant) ; and 4) The
applicant shall obtain an
occupational license within six
months of the date of this publ ic
hearing.
1. Granted subject to the following
condition: 1) The requisite building
permit shall be obtained within six
(6) months from the date of this
public hearing.
2. Granted subject to the following
condition: 1) The requisite building
permit shall be obtained within six
(6) months from the date 0 f th i s
public hearing.
1
'6/13/91
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Harbor Oaks Corrected, Lot e and part
of Lots B, D and E, zoned RS 2
(single family residential). V 91-28
3. Dean W. Young for variances (1)
to permit construction of house,
swi mmi ng poo 1 and deck up to 85 ft
seaward of coastal construction
control line (c.e.c.L.); (2) of 7.2
ft to permit house 36.7 ft high from
grade; (3) of 2.25 ft to permit peak
of sloped roof 6.25 ft above mi d-
point at 1176 Mandalay Point,
Mandalay Point Sub, lots 20, 20A, 21,
21A, 22, and 22A, zoned RS 4 (single
family residential). V 91-29
4. City of Clearwater for variance
of 150 ft to permit construction of
restroom facility seaward of the
Coastal Construction Control Line
(C.e.C.L.) at 412 S Gulfview Blvd,
Lloyd White Skinner, Lots 1 thru 32,
zoned OS/R (open space/recreation).
V 91-30
5. City of Clearwater for variances
(1) of 90 in to permit a 120 in high
wall in setback adjacent to address
street; (2) to permit a 6 ft high
fence in setback area adjacent to
waterfront at 3141 Gulf to Bay Blvd,
East 300 ft of Myron A Smith's
Bayview Sub, Tract 8 and Sec 16-29-
DCAB Agenda
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3. Granted subject to the following
conditions: 1) That all construction
be in accordance with the condition
contained in Permit Number: PI-475
M1 of the Department of Natural
Resources (DNR) and where such permit
is more restrictive than this
variance, the restrictions in the
permit shall govern; 2) That the
City's Building Services Division
shall be notified of all site reviews
called for in the permit mentioned
above on the same timely basis as
required by the permit for
notification to ONR; and 3) All
permits shall be obtained within six
(6) months from the date of this
public hearing.
4. Granted subject to the following
conditions: 1) The restroom facility
shall be maintained in a fully
operational and sanitary condition;
2) The applicant shall fully comply
with conditions established in the
applicable DNR permit including
notices to the City Building
Department as app li cab 1 e; 3) The
facility shall always be used as a
publ ic restroom. Should that use
change the building shall be removed
from the property; 4) The City staff
sha 11 make every effort to conform
with the Clearwater Beach Blue Ribbon
Task Force's roof design; and 5) The
applicant shall obtain the requisite
building permit ~'lithin six (6) months
from the date of this public hearing.
5. Granted subject to the followin~
conditions: 1) a 10-foot (120 inches)
high decorative screen wall to be
placed 30 feet off the new right-of-
way line for Gulf to Bay Boulevard,
wi th i n the front yard setback area
(3D-inch maximum heiQht permitted);
2) A six-foot-high chain link fence
2 6/13/91
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Harbor Oaks Corrected, Lot C and part
of Lots B, D and E, zoned RS 2
(single family residential). V 91-28
3. Dean W. Young for variances (I)
to permit construction of house,
swimming pool and deck up to 85 ft
seaward of coastal construction
control line (C.C.C.L.); (2) of 7.2
ft to permit house 36.7 ft high from
grade; (3) of 2.25 ft to permit peak
of sloped roof 6.25 ft above mi d-
point at 1176 Mandalay Point,
Mandalay Point Sub, Lots 20, 20A, 21/
21A, 22, and 22A, zoned RS 4 (single
family residential). V 91-29
,I
4. City of Clearwater for variance
of 150 ft to permit construction of
restroom facility seaward of the
Coastal Construction Control Line
(C.C.C.L.) at 412 5 Gu1fview Blvd,
lloyd White Skinner, Lots 1 thru 32,
zoned OS/R (open space/recreation).
V 91-30
5. City of Clearwater for variances
(1) of 90 in to permit a 120 in high
wall in setback adjacent to address
street; (2) to permit a 6 ft high
fence in setback area adjacent to
waterfront at 3141 Gulf to Bay Blvd,
East 300 ft of Myron A Smithts
Bayview Sub, Tract Band Sec 16-29-
DCAB Agenda
3. Granted subject to the following
conditions: 1) That all construction
be in accordance with the condition
contained in Permit Number: PI-475
Ml of the Department of Natural
Resources (DNR) and where such permit
is more restrictive than this
variance, the restrictions in the
permit shall govern; 2) That" the
City's Building Services Division
shall be notified of all site reviews
called for in the permit mentioned
above on the same timely basis as
required by the permit for
notification to DNR; and 3) All
permits shall be obtained within six
(6) months from the date of this
public hearing.
4. Granted subject to the following
conditions: 1) The restroom facility
shall be maintained in a fully
o~eration~l and sanitary condition;
2) The applicant shall fully comply
wi th cond i t ions estab 1 i shed in the
applicable DNR permit including
notices to the City Building
Department as app 1 i cab 1 e; 3) The
facility shall always be used as a
pub lie restroom. Shou 1d that use
change the building shall be removed
from the property; 4) The City staff
sha 11 make every effort to conform
with the Clearwater Beach Blue Ribbon
Task Force's roof design; and 5) The
applicant shall obtain the requisite
building permit within six (6) months
from the date of this public hearing.
5. Granted subject to the following
conditions: 1) a 10-foot (120 inches)
high decorat i ve screen wa 11 to be
placed 30 feet off the new right-of-
way line for Gulf to Bay Boulevard,
within the front yard setback area
(30- inch max imum he i C1ht permitted);
2) A six~foot-high chain link fence
2
6/13/91
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16, M&B 31.02, . zoned PISP
(pub1ic/semi~pub1ic). V 91~31
II. Staff Comments
III. Board Comments
IV. Approval of Minutes of 5/9/91
and 5/23/91
v.
Adjournment.
DeAR Agenda
I .
(on top of a retaining wall, which
wi 11 be cons i dered to be the new
grade, as per the Public Works
Department) to be installed along the
east and west sides' of the site,
within the waterfront yard area; and
3) A densely landscaped buffer shall
be provided between the wall and
street.
II.
III.
IV. Approved
V. 3:34 P.M.
"
3
6/13/91
(" ".
DEVELOPMENT CODE ADJUSTMENT BOARD
June 13, 1991
Members present:
Thomas J. Graham, Chairman
Otto Gans, Vice-Chairman
John W. Homer
Alex Plisko
Emma C. Whitney
Absent:
None
Also present:
Scott Shuford, Planning Manager
Mary K. Diana, Assistant City Clerk
Gwen J. legters, Staff Assistant II
The meeting was called to order by the Chairman at 1:05 p.m. in the Commission
Chambers of City Hall. He out'ined the procedures and advised that anyone
adversely affected by any decision of the Development Code Adjustment Board may
appeal the decision to an Appeal Hearing Officer within two weeks. He noted that
Florida law requires any applicant appealing a decision of this Board to have a
record of the proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda order although
not necessarily discussed in that order.
I. Public Hearings
Item A - (continued from 5/23/91) Francis and Alice Smith for
variances of (1) 38 parking spaces to permit 10 parking spaces, and
(2) 10 seats to permit 40 seats at 1215 N Greenwood Ave, Greenwood
Park No 2, Blk E, Lots 32-33, zoned CNG (North Greenwood
Commercial). V 91-26
Scott Shuford, the Planning Manager, explained the application in detail stating
the applicant modified his request thus eliminating the need for a variance of
10 seats. The property was developed as a dance hall in 1981 and met the parking
requirements at that time. The use has been discontinued for a period of more
than one year. The Planning Manager stated there was an unusua 1 amount of
community support for this request evident in hearings before the Planning and
Zoning Board which approved the request subject to an IS-month trial period.
However, the Traffic Engineer noted there have been many problenls with this type
of operation in many parts of Clearwater. The Planning Manager indicated the 18-
month tr i a 1 per i ad was suff i c i ent time for the Board to note any park i ng
problems, the effect of any new public parking lots in the area and reevaluate
the situation. He further stated the applicant has indicated his understanding
~__ and acceptance of the trial period.
v.......r
DCAB
1
6/13/91
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A question was raised regarding whether or not the existing parking spaces were
legal and concern was expressed regarding the absence of handicapped parking.
In response to a question, Mr. Shuford stated the IIpenny for Pinellas" program
was to be enacted within 1 1/2 years and that $300,000 was earmarked for
improvements to the commercial district. Sidewalks and landscaping have been
installed by the City and location of property for public parking Tots i's bei.ng
expedited by the Planning and Development Department with the parking lots due
to be completed within approximately six to nine months.
Jon Feaze 11, business operator, stated he has been active in the Greenwood
community for over eight years in various capacities. He has been meeting with
local business owners who have agreed to allow parking in their lots in the
evenings. The parking spaces are legal size spaces and his business has more
parking space than some larger businesses in the area. Most of his business ;s
from walk-in cl ientele. The problems in the area are from young people
loitering, not from adult car traffic.
Discussion ensued concerning the l8-month trial period condition. Mr. Feazell
indicated he did not have a problem with the trial period. Mr. Shuford indicated
the Planning and Zoning Board1s concern was with the potential drain on Police
resources resulting from having an alcoholic beverage facility in the area, not
from parking problems.
In response to a question, Mr. Feazell stated the Blue Fountain has been closed
since Super Bowl week.
Regarding potential parking spaces available to him, Mr. Feazell mentioned a
letter of confirmation from a nearby beauty shop granting him permission to use
this property for parking. Mr. Feazell is looking to buy this property in the
future, pave the parking lot and combine it with his lot, which would provide
approximately ten or more parking spaces.
In response to a question, Mr. Feazell indicated he would sell only beer and
wine.
A question was .raised regarding the gathering of the large number of kids across
the street from the establishment. Mr. feaze1l indicated the young people were
loitering and the local businesses were experiencing problems as a result.
Mr. Feazell indicated he wishes to establish a positive influence in the area and
feels his business will be an asset to the community.
Discussion ensued in regard to this being a unique situation and approving the
variance would benefit the City and the community.
Based upon the information furnished by the applicant, Mr. Gans moved to grant
variance #1 as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012 (d) of the Land Development
Code, more specifically because the variance arises from a condition which is
unique to the property and was not caused by the owner or applicant; and the
variance is the minimum necessary to overcome the hardship created by the lot
DCAB
2
6/13/91
f";' "
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size subject to the following conditions: 1) the applicant shall obtain the
required separation distance variance from the City Commission~ 2) the applicant
shall provide assistance to the staff in identifying available properties for the
installation of public parking facilities; 3) approval of this variance shall be
for an 18-month trial period, after which time the request shall be re-examined
by the Board to determine if the anticipated neighborhood orientation of the
facility has changed and if parking problems have developed as a result (This
condition is agreeable to the applicant.); and 4) the applicant shall obtain an
occupational license within six months of the date of this public hearing. The
motion was duly seconded and carried unanimously. Request Qranted.
1. Victor P and Ann R Wozniak for variances of (1) 2 ft 2 in to
permit height of 27 ft 2 inj (2) 1 ft 2 in to permit ridge of roof
5 ft 2 in above mid-point at 1623 Windsor Place, Windsor Woods II,
Lot 4, zoned RS 6 (single family residential). V 91-27
The Planning Manager explained the application in detail stating the style of the
house requires a high roof pitch. The proposed home is in character with the
surround i ng net ghborhood. He i nd i ca ted an amendment to the code regard i ng he i ght
regulat ions for single-family resident ia 1 districts to increase the overall
height limit to 30 feet is being considered.
In response to a question, the Planning Manager indicated this amendment would
bring the applicant's request into conformity.
Victor Wozniak, owner, stated he was introduced to his property location by the
owner of the lot next door. Mr. Wozniak stated it is difficult to build this
style of home with the current height restrictions without affecting the
aesthetics of the Country Victorian style. He indicated his neighbor was granted
a similar variance and felt confident his request would also be granted.
In response to a question, Mr. Wozniak indicated he did not buy the lot
conditioned upon approval of this variance. He bought the lot because of its
location and would like to keep the Victorian style of house.
Based upon the information furnished by the applicant, Mr. Plisko moved to grant
the variances as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012 (d) of the Land Development
Code, more specifically because the variances arise from a condition which is
unique to the property and was not caused by the applicant; and the variances are
the minimum necessary to overcome the hardship created by tl~ing to place this
style of house within the Code of the City of Clearwater subject to the following
condition: 1) the requisite building permit shall be obtained within six months
from the date of this public hearing. The motion was duly seconded and carried
unanimously. Request Qranted.
2. Nigel and Rosanne Mansell for variances of (1) 13 ft to permit
addition 2 ft from a side property line; (2) 23 ft to permit
addition 2 ft from a rear property line; (3) 2 ft 10 in to permit
roof height of 27 ft 10 in height; (4) 1 ft to permit ridge 5 ft
above mid-point height of pitched roof at 802 West Druid Road,
Harbor Oaks Corrected. Lot C and part of Lots B, D and E, zoned RS
2 (single family residential). V 91-28
DCAB
3
6/13/91
(' . Mr. Plisko declared a conflict of interest with regard to this case.
The Planning Manager explained the application in detail stating the existing
residence on this property is historically significant. The proposed additions
are compatible with what is typically found in the neighborhood, located some
distance from adjoining structures and not readily visible from the street.
Ed Armstrong, representing the owners, stated Richard Churchill, the architect,
would be detailing the exact nature of the request. A handout was provided to
the Board.
In response to a question, Mr. Armstrong indicated additional variances may be
required.
Mr. Churchill indicated he wants to keep the same character and originality of
the house. The property is unique due to the limitations of the site. The house
originally had no garage. The owner wants to store two valuable cars, one over
the other, and family cars in the new garage areas. The applicant wants to tie
together and provide access to remaining portions of the house.
In response to questions, Mr. Churchill indicated a wall runs all the way down
to the bay, there is no apartment over the garage, the garage is two stories high
and the windows are for aesthetics.
Mr. Churchill indicated the sloped roofs would tie the addition into the main
house and need to be built to the same height.
In response to questions, Mr. Churchill indicated he did not know the square
footage of the house. He said there is a fence, or block wall, around the
~~ property, and the garages to this property are located next door due to the way
the property was sold.
One letter in support was submitted for the record.
Discussion ensued regarding the roof height. Mr. Shuford indicated there is a
proposed ordinance that, if adopted, would bring the roof height into conformity
with the Code. It was felt the new roof was in conformity with the rest of the
structure.
Based upon the information furnished by the applicant, Mr. Gans moved to grant
the variances as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012 (d) of the Land Development
Code, more specifically because the variances arise from a condition which is
un i que to the property and wa s not caused by the owner or app 1 i cant: the
particular physical surroundings, and the shape, and topographical conditions of
the property i nvo 1 ved and the str i ct app 1 i cat ion of the prov i s ions of this
development code would result in an unnecessary hardship upon the applicant and
the variances are the minimum necessary to overcome these hardships subject to
the following condition: 1) the requisite building permit shall be obtained
within six months from the date of this public hearing. The motion was duly
seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer, Gans and
Graham voted "aye"; Mr. Plisko abstained. Motion carried. Request Qranted.
DCAB
4
6/13/91
fl'",.
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3. Dean W. Young for variances (1) to permit construction of house,
swimming pool and deck up to 85 ft seaward of coastal construction
control line (C.C.C.L.): (2) of 7.2 ft to permit house 36.7 ft high
from grade: (3) of 2.25 ft to permit peak of sloped roof 6.25 ft
above mid-point at 1176 Mandalay Point, Mandalay Point Sub, lots 20,
20A, 21, 21A, 22, and 22A, zoned RS 4 (single family residential).
V 91-29
The Planning Manager distributed minutes on previous variances granted for this
property on December 20, 1988 and exp 1 a i ned the app 1 i cat ion in deta i 1. The
applicant wants to construct a less seaward, dwelling on the subject property.
The new structure will meet all FEMA requirements but will be elevated. Setback
approval has been obtained from Department of Natural Resources (ONR).
Harry Cline, attorney representing the owner did undertake to begin construction
but the structure could not be completed. Two-thirds of the property is bisected
by the C.C.C.L. The proposed dwelling is in conformity with the neighbors', and
has impact on vistas or protected vegetation.
Discussion ensued regarding the variances being requested and whether or not the
variance regarding roof height was necessary.
In response to questions, Mr. Cline indicated a variance of 85 feet was granted,
however, the permit obtained from DNR was for only 80 feet. It was indicated the
app 1 i cant is requ i red to bu 11 d accord i ng to the State regu 1 at ions when more
restrictive.
Oiscussion continued in regard to the variance for roof height and it was
i nd i cated roof height was determi ned by the Code to be from grade. The app 1 i cant
would receive his height bonuses but would still require this variance.
Based upon the information furnished by the applicant, Mr. Homer moved to grant
the variances as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012 (d) of the Land Development
Code, more specifically because the variances arise from a condition which is
unique to the property, its location and situation on Clearwater Beach, and the
lot itself~ subject to the following conditions: 1) all construction shall be
in accordance with the condition contained in Permit Number: P!-475 Ml of the
Department of Natural Resources (ONR) and where such permit is more restrictive
than this variance, the restrictions in the permit shall govern~ 2} the City.s
Building Services Division shall be notified of all site reviews called for in
the permit mentioned above on the same timely basis as required by the permit for
notification to DNR: and 3) all permits shall be obtained within six months from
the date of this public hearing. The motion was duly seconded by Ms. Whitney and
carried unanimously. Request Qranted.
4. City of Clearwater for variance of 150 ft to permit construction
of restroom facility seaward of the Coastal Construction Control
Line (C.C.C.L.) at 412 S Gulfview Blvd, Lloyd White Skinner, Lots 1
thru 32, zoned OS/R (open space/recreation). V 91-30
DCAB
5
6/13/91
".~ Mr. Plisko declared a conflict of interest with regard to this case.
The Planning Manager explained the application in detail stating this request to
permit the construction of a restroom facility was previously heard and approved
on February 20, 1990 but"expired after six months when the ONR permit had not
been received. L"
Ream Wilson. Director of Parks and Recreation, indicated he has now received the
DNR permit to proceed with construction of the restroom building.
In response to questions, Mr. Wilson indicated the exterior design is the same
as the other three buildings on the beach. The interior will have five instead
of six units due to one being expanded in size for handicapped use. He further
indicated he would like the roof design is to be architecturally compatible with
the new Pier 60.
Fred Kummer III, General Manager of the Adams Mark Caribbean Gulf Resort,
requested clarification of the exact location. He indicated support of the
variance based on the location.
Discussion ensued regarding the design of the roof line. Terry Jennings, City
of Clearwater Chief Engineer, indicated it is designed according to DNR
requirements and he expressed concern the roof design favored by the Board would
add additional wind loads to the structure. The Board expressed a strong desire
for the roof design to be architecturally compatible with surrounding structures.
Mr. Wi 1 son agreed to make every effort to conform with the Clearwater Beach Blue
Ribbon Task Force's recommended roof design.
Based upon the information furnished by the applicant, Mr. Homer moved to grant
the variance as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012 (d) of the Land Development
Code, more specifically because the variance arises from a condition which is
unique to the property and was not caused by the applicant in that it will be
providing public facilities for the public; subject to the following conditions:
1) the restroom facility shall be maintained in a fully operational and sanitary
condition; 2) the applicant shall fully comply with conditions establ ished in the
applicable DNR permit including notices to the City Building Department as
applicable; 3) the facility shall always be used as a public restroom. Should
that use change the building shall be removed from the property; 4) the City
staff shall make every effort to conform with the Clearwater Beach Blue Ribbon
Task Force's roof design; and 5) the applicant shall obtain the requisite
building permit within six months from the date of this public hearing. The
motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs.
Homer, Gans and Graham voted "ayell; Mr. Pliska abstained. Hotion carried.
Request Qranted.
5. City of Clearwater for variances (1) of 90 in to permit a 120 in
high wall in setback adjacent to address street; (2) to permit a 6
ft high fence in setback area adjacent to waterfront at 3141 Gulf to
Bay Blvd, East 300 ft of Myron A Smith's Bayview Sub, Tract Band
Sec 16-29-16, M&S 31.02, zoned P/SP (pUblic/semi-public). V 91-31
'....,
DeAB
6
6/13/91
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Mr. Pliska declared a conflict of interest with regard to this case.
The Planning Manager t!xplained the application in detail stating this request was
previously heard and approved on August 23, 1990 but the wall and fence could not
be constructed during the six month period because of phased construction of the
improvements to the East Sewage Treatment Plant and the variance expired.
Terry Jennings, the applicant, discussed the problems he has experienced with the
treatment plant contractor in trying to get the wall built and introduced an
aerial photograph showing the congestion of the site, noting various details of
the project.
Discussion ensued in regard to making staff aware that the Board does not give
preferential treatment to the City.
In response to a question, Mr. Jennings indicated he planned to include trees and
dense vegeta t i on along the wa 11 as soon as the treatment plant contractor
completed work.
Discussion ensued in regard to the issuance of a conditional permit by the City
to allow the work to continue. It was indicated the Board did not agree with
this.
Based upon the information furnished by tIle applicant, Mr. Gans moved to grant
the variance as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012 (d) of the Land Development
Code, more specifically because the variances arise from a condition which is
unique to the property and subject to the following conditions: 1) a 10~foot (120
inches) high decorative screen wall to be placed 30 feet off the new right-of-way
line for Gulf to Bay Boulevard, within the front yard setback drea (3D-inch
maximum he;aht permitted); 2) a six-foot-high chain link fence (on top of a
retaining wall, which w'ill be considered to be the new grade, as per the Public
Works Department) to be installed alon9 the east and west sides of the site,
within the waterfront yard area; and 3} a densely landscaped buffer shall be
provided between the wall and street. The motion was duly seconded. Upon the
vote being taken, Ms. Whitney, Messrs. Horner, Gans and Graham voted "aye"; Mr.
plisko abstained. Motion carried. Reauest <<ranted.
II. Staff Comments and Board Comments
Staff was requested to investigate the possibility of several illegal parking
lots in Clearwater, and the facility at 606 1/2--608 Mandalay for expanded use
without a permit.
Mr. Shuford indicated the Lucia by the "C" variance gives the City more leverage
as his operation is greatly affected if parking spaces are not kept open.
Discussion ensued regarding the ~'obile station on Gulf-to-Bay Boulevard where the
decision by the Board to deny the variance was overruled by a Bearing Officer.
The station is now gutted except for three walls and a roof.
DCAB
7
6/13/91
F~
f
I
.........
....-..
~iscussion ensued regarding the FEMA meeting at Memorial Civic Center and concern
was expressed regarding the interpretation of the FEMA rules by the City and
State.
Concern was expressed the signs in the windows of Hidden Treasures T-Shirts on
Mandalay and Papaya may be in violation.
The Board discussed the poss i b n i ty of chang i ng the number of meet i ngs to one per
month and/or changing the meeting time to 3:00 p.m. for four or fewer cases.
Discussion ensued regarding the fees charged for variances. Mr. Plisko
recommended checking to see what other municipalities charge. Staff will
investigate.
Mention was made of the blanket variance for the wall at Druid and Belcher Roads
which was never built.
Mr. Homer moved to change the meeting time of the Development Code Adjustment
Board to 3 :00 p.m. for four or fewer cases and to have staff review the
possibi 1 ity of monthly meetings. The motion was duly seconded and carried
unanimously.
IV. Minutes of May 9, and May 23, 1991.
Mr. Homer moved to approve the minutes of May 9, and May 23, 1991, in
accordance with copies submitted to each board member in writing. The motion was
duly seconded and carried unanimously.
V. Adjournment
The meeting adjourned at 3:34 p.m.
ATTEST:
C'irman
1J2~
DCAB
8
.6/13/91
I FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
__ COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
"':"::""1" NAMI: "IUSI "Mil' MIUlII r N,\Mr
~ ( S I/' 0 lA~ X J It f
NM.IE 01' IIOA/tH, COUNCil" COMMISSION. AI)' 11011 JlY, OIlCOMMn, EE
PG VEt.o /'1e-rJT" Cope !JPJG/t;TJbJBJ'T /3JAfl../?
'IlIE 1l0AIU>, COUNCIL COMMISSION, AU'! HORn \' OR ('OM M I1"J EE ON
WIIlCH I SEll VE IS 1\ II Nil' OF
....AllJN{i Al)mU~"S
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"AI EON WHlett VOl E OCCltRR!:t)
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Q Olllll{ I lICAL AGI,Nn'
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"'''ME O~ 1'01.111('.0.1. SUU[!IVISlO:'IO:
t::/7Y 0
MY I'OSmON I.~:
(] EI.E('tWE
AI'I'OIN1IVE
WHO MUST FILE FORM 88
This form is for use by any pcrson serving at the county, city, or other 10callevc1 of govcrnment on an appointed or elcctcd board,
council. commission. authority. or committee, It applies equally to members of advisory and non-advisory bodies who are presented
with a voting connict of intercst under Section 112.3143, Florida Statutes.
Your responsibililies under the law whcn faccd with a measure in whieh you have a conflicl of in/ere.'.t will Yilry greatly depending
on whelher you hold an elective or appointive position. For this reason, plellse pay close allention 10 the instructions on this form
before completing the reverse side .lud filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
ELECTED 0 FFI CEns:
^ person holding elective county, l11unicipnl, or other locnl public office !\IUST ABSTAIN from voting on n measure which inures
10 his special privulc gnin, Each local officcr also is prohibilcd from knowingly mlillg on a measure which inures 10 the special
gain of a principal (other than n government agency) by whom he is retained,
In cither case, YOll should disclose lhe conflict:
PRIOR TO THE VOTE DEING TAKEN by publkly slaling [0 the assembly the nnture of your il1leresl in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing nlld filing this rorm wilh the per~OIl responsible for recording
the minutes of the meeling, who should incorporate lhe form in lhe minules,
APPOI!'\TED OFFICEnS:
,
A person holding appointive COUIll)', l1lunicipnl, or at her laICal public office 1\\ UST ^ BST,\ I N from vot ing on a measure which
inures to his special privnte gain, E:tch local officl:r al~o i~ prohi bitcd from knowi Ilgly \'oting on a measure which inures to the
special g.ain of n principal lOlher than a g{l\lcrumelll agcncy) b~ whom he is r~tained,
A person holding an appoilllivc IOICal offic~ othen~ ise may participalt: in a mall~r in which h~ has a conflict of intereSI, but must
disclose the nature of the conFlict bdore making any altel1lptlO influence the decision by oral or wrillclI communicalioll. whether
made by t he officer or at his din:ctiOll,
IF YOU INTEND TO !\lAKE ANY ATTEt\\I'T TO INFI.UENCE TilE DECISION PRIOR TO THE :-"IEETING AT WHICH
THE VOTE WILL BE TAKEN:
'_, · You should comple!e ilnd file Ihis form (befor~ making .IIlY allcmpt 10 influence the deci~ion) with the perSOn responsible for
recording the minules of the meeting. who will incorporate the form In Ihe minutes.
· A COP)' of the form should be provided imllledialely to thc other members of Ihc agency,
· The form should be read publh:ly al lhe mceting prior In comideralion or tile mailer in which you have a connict of interest.
t I lOll \1 ~ I' . I '1I
I'Ma. J
IF YOU MAKE. NO AITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conniet in the measure beforc participating.
. You should complete the form and tile it within 15 days after (he vole oc(,;urs with the person responsible (or recording lhe minutcs
of the meeting, who should incorporate the form in the minulcs.
\,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
AtC X ;::t. /S/'{U JI'l.-. hereby discfose that on
,19-2.,1:
~-/~
(0) A measure came or will come before my agency which (check one)
_ inured to my special privale gain; or
K inured to the special gain of !f/I../(; r: tUG r~t/C:-G7Z/A/' C:.
I br whom I am retained.
(b) The measure before my agency and the nature of my interest in lhe measure is as follows:
/1lfY-l .:::# 15 Or Pt:.-(&?I c. /!e/J/z/A.Ir;, - 1I~rz.//'I,vc.6$ F=an-
c::. I rY () p C t:...(!!l7Q /2... u.J ,071;71- .
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&~t V~~XlIl-
Sig/lUll1rc
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112,317 (1985), A FAILURE TO MAKE ANY REQUIRE.. .
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOL.LOWING:'-'-
IMPEACHMENT, REMOVAL OR SUSPENSION FI{O~1 OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALAR Y. REPRIJ\1AND, OR A CIVIL PENALTY NOT TO EXCEED $5.000.
C(I'OIl" ~1I. 1~11
. "AGE ~
'-",
\
FORM 88 MEMORANDUM OF. VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
/'" <; I NIIM!'. HHS I ~Mlr MlUlll r NIIMF
Pt. 17;1 0 A (. e.x J 1< I
AY
/iIlMF. OF 1I0IlHl>. COUNCII..l.OMMISSIO..... 11111 HORlIY, OR l'OMMI11 I'E
MiliUM; III>DRI.SS
PIE lIec.Ofl-1fitV I e()t)e 4D..lI,,/S r/'4e-Alr 8..YJw
'f HE 1100\111). COUNCIl~ COMMISSION. AtJ1110RI1Y OR COMMI1TH ON
WfllClll SERVE IS II llNn Of':
70 (p
OA .v7
~l'lI" 0 COUNl \. 0 OllltH Wl'III. AGEN,""
NAME Of' 1'(J1.I11l'AI. SUUDIVISION:
l"I n'
('ClUJ".. Y
c. c. C )..1< lU A "77;;'f?-
I NeC,(.,/.) -;,
C/ TY Or C.c..EA!fwA1?f'Yl--
MY "OSITION IS:
o (;I.lTlIV[
^1'1'OIN'lIVI'
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, chy, or olhcr local level of government on an appointed or elected board,
council. commission, aUlhority, or committee. It applies equally to mcmbcrs of advisory and non-advisory bodies who are presented
with a vOling connict of interest under Section 112.3143, Florida Stalllles.
Your responsibilities under the law when faccd with a measure in which you havc a connict of interest will vary grcatly depcnding
on whether you hold an clective or appointivc posilion. For this reason, pleasc pay close allcntion to thc instructions on this form
before completing the revcrse sidc and filing the form.
.,' INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICEHS:
^ pcrson holding electivc count)', municipal, or other local public office MUST ABSTAIN from voting 011 <I measure which inures
to his special privatc gain. Each local officer also is prohibited from knowingly vOling on a measure which inurcs 10 lhe special
gain of a principal (othcr than a govcTflmcnt <lg,ency) by whom he is rctained.
In eilher case, you should disclosl.' the confJicl:
PRIOR TO THE VOTE BEING TAKEN by publicly sl<lling 10 Ihe asscmbly the nature of your inlerclil in thc mcasure on
which you me ~lbslainillg from vOling; (lf/d
WITHIN 15 DAYS AFfER THE VOTE OCCURS by completing and filing this form with the pcrson rcsponsiblc for rccording
the minutes of lhe mceting. who should incorporatc lhe form in the minulcs,
APPOINTED OFFICEn.5:
^ person holding appoilllivc count)', municipal, or olher lncal public office I\IUST ABSTAIN from voting on a measure which
inures 10 his spccial privale gain. Each local officer aho i~ prohibitcd f'rol1l knowingly vOling on a IlIl'aSUre which illures to the
special gain of a principal (olhl'r than <I government agency) by wholll hI.' b Tl'wined.
^ person holding <In appointive local office otheT\~ ise may particip:lll.' ill a mailer in which he ha~ a conflict of inlere!>l, but must
disclose lhe nature of Ihe conflicl before making any allemplto influence the dcci!>ion hy oral or wrillen communication, whether
made by the officcr or al his direct iUIl.
IF YOU INTEND TO MAKE ANY ATTE:\lPT TO INFI.UENCE THE DECISION PRIOR TO THE \1EETING AT WHICH
THE VOTE WILL BE TAJ..:EN:
,_" You should complete and file lhis form (before ma~ing any al1t:mpt to influt:t1cc tht, decision) with lhe person responsible for
rccording lhc minutcs of the uu:eting, who will incorporalc the form in the minutes.
· A copy of lhe form should bc provided immediately to the olher IJlclllbers of the agency.
. The form should bc read publicly :H the meeting prior to considt:lation or the mallcr ill which yOIl haw a connict of interest.
II I 011/,1 ~H. 1,'11
~. .. . ~ ' :: ~.. I . ,/ .' ,,' '. .' ~. ~. , , ;. . . ;.,
1',\(:\
IF YOU MAKE NO AITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your connicl in the measure before participating.
. YOll should complete Ihe form and l1Ie it within 15 days aftcr the vote occurs with the person responsible for rccording Ihe minutes
of the mceling, who should incorporalc the form in the minutes.
I,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
).,Lr;X PL., 7140 Jill , hereby disclose that on (b - (-:;
,19 il :
(n) A men~llTC came or will COIl1C before m)' agency which (check one)
_ inured to my special private gnin; or
L inured to the special gain of /?/f../& 8 "ufo IILI€ e;~ /A/c;
, by whom I am retained.
(b) The measure before my agency and the natllre of my interest in lhc measure is as follows:
/ reM :11= 4- tJ;:: ?CI6~/C ~/C../~~ '" - tJAILI!J,vC.€"5
C r TY Dr c. t:.G)O J( tV.;1J T75'Yl- ,
7lIe lJtt..uh n;c 7U ;</iJ '- H 12 n ~ I r /0 M
I ~ A t!o/V $" '4 L. 77tA/i( TO ~ /1Uc.
W#D r'L1 ~O~ A- C'O~7n/Vc.-/
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5'e7(l/ I c;;: c;, ~
&--/5- 9/
p/)
1~ ( /"
Sig,,""" ~~641--
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES *112.317 (1985), A FAILURE TO MAKE ANY REQUIRc.~
DISCLOSURE CONSTITUTES GROUNDS FOR AND 1\,1 A Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRlt.,fAND, OR A CIVIL PEN/\J.TY NOT TO EXCEED $5.000.
cr FOI-lMHI. I~II
. PAGE ~
,
"-.-,,
(r'".~
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
'oSI NI\'U:, HI<SI 'A'" MIIIIII r /IIM.U:
PL I'? 110 A L ti X J (( r
r,M1UMi I\Ulll< rss
70 Co
NI\M[ OF 1101\1<11. l"{IUI'O("Il..l'OMMISSIOS, AII11101<1I y, OR l'OMMIT1H
OtN~Lc)fM1if.lr C()Ori' A/?,jl.nrMGP"T f!;.t>AKP
t't I Y
OAA A'i
?Le.(lll uJA~
'litE KO"Rl), COUNCil. COM MISSION, AUt tlOlUl Y 01< COMMI11 EE ON
wltlelt 1 SERVE: IS II11N1T OF:
)(.C:1l\'
o COtJNl Y
o 0111[1( 1.0l-AI. A(jl:Nn
COliN I Y
NAME OF 1'01,1'1 leAl. SlIlIlJlVISIUN:
r'--
'/ IV&I-I-A So-
C/7'Y eJr
? Ui"ARl<.JArG'/7-
IM1 I: ON WItI<'U \'01 f. ()('('\IKKrl>
{P-I"3- 91
MY .'osmON IS'
o El.rCnVr:
API'OINTlVE
WHO MUST FILE FORM 88
This form is for usc by any person serving at the county, city, or other local level of government on an appointed or clected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a vOlillg connict or intcrest under Section 112.314J, Florida SlalUles,
Your responsibililies undcr thc law when faced with a measure in which you havc a connict of intcrcst \\j[1 vary grcatly dcpcnding
on whether you hold an elective or appoilllivc position. For lhis rea~on, please PdY close altelllion to thc instructions on this rorm
beforc completing the reverse side and filing thc forrn.
fNSTRUCTfONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
ELECTED OFFICEHS:
A person holding eleclive counly. municipal. or othcr local public office t\IU$T ABSTAIN from \'oling on a measure which inurcs
to his special privatc gain, Each local officer also is prohibited rrom knowingly voting on a mcasurc which inures to lhe special
gain of a principal (ot hcr than a government agc:ncy) by whom he is relainee.!,
I n either case, you should disclose the con f1ict:
PRIOR TO THE VOTE IJEING TAKEN by publicly stating 10 the assembly Ihe n:uure of your interest in the measurc on
which YOll are ablilaining from vol ing; {/ncl
WITHIN 15 DAYS AFrER THE VOTE OCCURS by completing and filing Ihis form with the persoll rcsponsillle for recording
the minutes or the IJH:eting, who should incorporalc the form in the minu\l:s.
APPOINTED OFFICEHS:
A person holding appointivc COlllllY. municipal. or ottH:r local public ornce :\IU~T ABSTAIN from voting on a mca~ure which
inures to his special privatc gain. Each I Ol.:a I officer also is prohibitcd from knowingly voting on a mensurc which inures to lhe
special gain or a principal (othcr than 11 gmernrnem agcnt"}') by whom h~' i\ retained,
A pcrson holding an appointive local officc oltH:rwise may panicipate in a mailer in which he has a conflict of illlcrest. but must
disclose the nature of thc conniet beforc making any :LIlCmptlO influence lhe dc:chion by oral or writlen communication, whelher
madc by the officcr or at his direction.
IF YOU INTEND TO t\IAKE ANY ATTI:MPT TO INFLUENCE THE DECISION PRIOR TO TilE t\lEETING :\T WHICH
THE VOTE WILL DE TAKEN:
. · You should complele ane.! file lhis fornL (before making :Uly allelllpl to influence t he decision) wit h the person responsiblc for
rccording thc minulcs of the mecting, who will incorporatc the forlll in the minules.
· A copy of the form should he pro\'ided immediatel)' to the other member~ of the :Igcncy,
. The form ~hould be read publicl)' at the meeting prior 10 CUIl~ider;lIion of the mailer in which you have a connicl or interest.
(I I [111M "1\. I,'n
... " ',' . . . ~ " '. '. : .- >' . ~ ~ .'.' . + .... .' . ~.. .... r . " I' r. .' .. .. .' . I
l'A(iI I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT DY DISCUSSION AT THE MEETING:
· You should disclose orally thc nalure of your conniel in thc measure before partkipating.
· You should completc the form and file il within IS days aftcr lhc vote oCCurs with the person responsible for recording the minutes
of Ihe meeting, who should incorporate thc form in the minutes.
I,
At...8X Pt-/~/{ 0
DISCLOSURE OF LOCAL OFFICER'S INTEREST
JtL
,19 Cfl :
(;,-/3-
, hcreby disclose that on
(3) A measurc came or will come before my agency which (check one)
~ inured to my special privatc gain; or
_ inured to the special gain of
, by whom I am retained.
(b) The measure bcfore my agency and thc nature of my intercst in thc measure is as follows:
/rGM =# Z.
.r AM
CJ r ?ttt3t..IC J-1"6A R;tJt;:J
~/l.O pO ~ D
iHG'
rpcrvL
TJf-C
II t2-c.H I 7"'E: c... -r
?/40 Jec..:j
,go z
;Co~ I"-1A IVt:;GL. L- G. S fA r6' It r
uJ
V(Ly I C/ ;(.0,0.1/,
G -(~-,jj
rL ilii;
Si!!n.llurc ' I
Dalc Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S1l2.317 (1985), A FAILURE TO MAKE ANY REQUIRE, .
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y DE PUNISHED BY ONE OR MORE OF THE FOLLOWING:-'<
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000.
c-r FOIlM ~/i. I~'I
. PAG!' ~
I
"... ",
\