06/27/1991 (2)
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.DCAB.
DEVELOPMENT CODE ADJUSTMENT BOARD
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ACT! ON AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, June 27, 1991 ~ 1:00 p.m. - COMMISSION MEETING ROOM - CITY HALL, THIRD
FLOOR - 112 South Osceola Avenue, Clearwater, Florida
To consider requests for variances of the Land Development Code:
I.
Public Hearings
Item A - (continued from 5/23/91)
Va lentino Koumou lidis for variances
of (1) 83 ft to permit a 67 ft wide
lot: (2) 3 parking spaces to permit 6
spaces: (3) 24.85% front yard open
space to allow 25.15%: (4) 3.5 ft to
permit 1.5 ft of perimeter landscape
buffering: and (5) 12.8 ft to permit
o ft of clear space at 606 Bayway
Blvd, Bayside Sub No 5, Blk A, Lot 7,
zoned CR-28 (resort commercial). V
91-25
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1. Woodlawn Church of God for
variance of 49 parking spaces to
provide 135 spaces at 845 Woodlawn
St, Belmont 2nd Add, Blk C, Lots 1-10
and 45-52, inclusive, and Sec 22-29-
15, M&B 32.08, zoned P/SP
(public/semi-public) and RM 8
(multiple family residential). V 91-
32
DCAB
I.
Public Hearings
Item A ~ Variances #1 and #3 Granted.
Variance #2 Granted for one parking
space. Variances 14 and #5 Granted
subject to the following conditions:
1) the maximum amount of landscaping
possible shall be provided in the
front (south) and on the west side:
2) parking and sidewalk access only
concerning the clear space on the
east side: 3) only parking shall be
permi tted on the west side in the
clear space: 4) any pre-existing non-
conformi ng pr i nci p 1 e structures sha 11
be a 1 lowed to continue but no new
structures sha 11 be put up; and 5)
the requisite building permit shall
be obtained within six (6) months
from the date of this public hearing.
All variances granted subject to the
condition: 1) the requisite building
permit shall be obtained within six
(6) months from the date of th i s
public hearing.
1. Granted subject to the following
conditions: 1) the applicant shall
work with Environmental Management to
save as many of the existing large
trees through redesign of the parking
on the site of the new construction.
This shall be done prior to submittal
of the final site plan for ORe
review; 2) the site plan shall be
modified to reflect the accurate
amount of square footage/seating area
devoted to the assembly area: 3) the
sanctuarr shall be 1 imited to 490
seats; 4 an additional five (5) feet
of right-of-way shall be dedicated to
Tilley Ave, Prospect Ave, and
floodl awn St as requ i red by Pub 1i c
Work s pr i or to the issuance of any
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6/27/91
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2. Mary G Realty lnc (Fritz's
Market) for variance of 6 parking
spaces to allow 26 spaces at 490
Mandalay Ave, Clearwater Beach Park,
Lots 57-63 and part of lot 64, zoned
CB (beach commercial). V 91-33
3. The Pines of Clearwater
Condominium for variance of 12 ft to
permit utility shed 3 ft from a rear
property 1 ine at 1575 Greenlea Dr,
The Pines of Clearwater Condo, zoned
RM 24 (multiple family residential).
V 91-34
4. Anthony P Granese for variance of
2 parking spaces to permit 25 spaces
at 1008, 1010, 1012 and 1014 Drew St.
Plaza Park, Blk B. Lots 5-9, zoned OL
(limited office) and RM 12 (multiple
family residential). V 91-35
DCAB 2
building permits; 5) after the right-
of-way dedication, the existing sign
on Woodlawn ave. shall be removed
from the right-of-way. Signs and
fencing/walls shall be subject to
separate review and permitting
processes and shall conform to
current regulations; 6) a Unity of
Title for the entire church property.
including the noncommercial parking
lot, shall be recorded prior to
certification of the site plan; 7)
the requ i site tree survey for all
trees four inches in diameter or
greater measured at breast height
shall be submitted to Environmental
Management prior to submittal of the
final site plan; B) the final parking
1 at des i gn sha 11 be su bject to the
approval of the Traffic Engineer; 9)
the development schedule shall comply
to that set forth on the Certified
Site Plan; and 10) the requisite
building permit shall be obtained
within one (1) year from the date of
this public hearing.
2. Denied
3. Granted subject to the following
condition: 1) the utility shed shall
not exceed 114 square feet; and 2)
the requisite building permit shall
be obtained within six (6) months
from the date of this public hearing.
4. Granted subject to the following
conditions: 1) a Unity of Title for
Lots 5-9 Block liB II Plaza Park Sub.
100B, 1008 1/2, 1010, 1012, and 1014
Drew Street, including the associated
parking along the west side of
GT'eenwood Avenue sha 11 be recorded
prior to the issuance of any
accupat iana 1 1 icense i 2) curbing
6/27/91
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5. Evangelia Dushas for variances of
(1) 5.26 ft to permit air conditioner
support bracket 4.74 ft from a side
property line; (2) 2.6 ft to permit
bedroom addition 7.4 ft from a side
property 1 i oe ; ( 3) 68 into permi t
wall height of 98 in in front yard
setback area; and (4) 2 ft 2 in to
permit 8 ft 2 in wall height behind
front yard setback area at 1100
Mandalay Pointt Mandalay Point Sub,
Lots 1 and lA, zoned RS 4 (single
family residential). V 91-36
6. Fortune Savings Bank for
variances of (1) 8 ft to permit
addition 67 ft from a street right-
of-way (Countryside Blvd); (2) 30 ft
to permit addition 45 ft from a
street right-of-way (Village Dr); (3)
one car per drive-through lane (three
lanes) to allow five cars per lane;
(4) 53 ft to permit canopy overhang
22 ft from a street right-of-way
(Village Or); and (5) 2 ft to permit
6 ft high wall about dumpster in
setback area adjoining a street to
wh i ch property is not addres sed at
2575 Countryside Blvd, Countryside
Village Square. Lot 4, zoned CC
(commercial center). V 91-37
II. Board Comments
III. Staff Comments
IV. Adjournment
DeAD
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along 1008 Drew Street shall be
continuous. the driveway serving this
property shall be removed; 3) the new
handicapped parking space shall be
paved in accordance with City
standards; and 4) the requisite
occupat i ona 1 1 i cense sha 11 be
obtained within six (6) months from
the date of this public hearing.
5. Granted subject to the following
conditions: 1) there will be no
add it i ana 1 encroachment into the
front yard setback area concerning
variance #3; and 2) the owners and
architects agree to landscape and to
elevate the southwest corner of the
southern entrance to the property to
the best of their ability subject to
the adjoining property owners
agreeing.
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6. Granted subject to the following
conditions: 1) the required site plan
revision shall be submitted and
approved prior to the issuance of any
building permit; 2) shrubs shall be
improved, provided and maintained as
required by Section 136.016 to screen
the entire area of the dumpster
enclosure. Particular emphasis
should be made in the area east of
the canopies (Village Drive) and the
dumpster area; 3) All parking, in
particular the access area through
the bypass drive, shall be approved
by Traffic Engineering; 4) Variances
limited to the occupancy of the site
by Fortune Savings Bank; and 5) all
requisite permits shall be obtained
within six (6) months of this public
hearing.
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II.
III.
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IV. Adjournment at 5:45 p.m.
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6/27/91
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DEVELOPMENT CODE ADJUSTMENT BOARD
June 27 I 1991
Members present:
Thomas J. Graham, Chairman
Otto Gans, Vice-Chairman
John W. Homer
Emma C. Whitney
Absent:
Alex Pliska
Also present:
Sandy Glatthorn, Planning Official
Mary K. Diana, Assistant City Clerk
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Chairman at 1:04 p.m. in the Commission
Chambers of City HalL He outlined 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
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 I the items will be 1 isted in agenda order although
not necessarily discussed in that order.
I. Public Hearings
Item A - (continued from 5/23/91) Valentino Koumoulidis for
variances of (1) 83 ft to permit a 67 ft wide lot; (2) 3 parking
spaces to permit 6 spaces; (3) 24.85% front yard open space to allow
25.15%; (4) 3.5 ft to permit 1.5 ft of perimeter landscape
buffering; and (5) 12.B ft to permit 0 ft of clear space at 606
Bayway Blvd, Bayside Sub No 5, Blk A, Lot 7, zoned CR~28 (resort
commercial). V 91-25
The Planning Official stated this application was continued from the meeting of
May 23, 1991 as there was concern regarding the open space calculations. She
said the plan had been modified to eliminate a building column to provide better
access to the handicapped parking. The subject property is an existing motel
building modified by converting the first floor to retail and the second floor
into two apartment units. The variance request stems from a situation arising
from a sub-standard lot.
She said the Traffic Engineer expressed concern the granting of parking variances
on Clearwater Beach \~ould add to the overall shortage of available parking in a
critical area.
DCAB
6/27/91
1
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Mr. Richard Bekesh, Engineer representing the appl icant I stated he felt the Board
had indicated no objection to two upstairs apartments at the May 23rd meeting.
It was noted two of the Board members were not present at the May meeting and Mr.
Bekesh was requested to present the case again.
Mr. Bekesh said the bottom units would be used for retail, the two top units for
apartments with the applicant living in one and renting out the other. The pool
and balcony would be removed and stair access to the upstairs units would be
~J <4 provided in the rear.
In response to questions, it was indicated the previous owner had three
apartments on the second floor and the applicant has not discussed with the
Traffic Engineer the parking lot layout.
The contractor for Mr. Koumoulidis spoke in support of the application, gave a
brief history of the subject property and indicated eliminating the back-out
parking would improve the parking layout.
Concern was expressed by the Board that adequate landscaping be provided on all
sides of the subject property in order to provide a buffer for the motel next
door.
Based upon the information furnished by the applicant, Mr. Horner moved to grant
variances #1 and #3 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, being on Clearwater Beach with substandard lots
platted prior to the new Land Development Code, and were not caused by the
applicant subject to the condition: 1) the requisite building permit shall be
obtained within six (6) months from the date of this public hearing. The motion
was duly seconded and carried unanimously. Request Qranted.
Based upon the information furnished by the applicant, Mr. Gans moved to grant
variance #2 for one parking space because the applicant has substantially met all
of the standards for approval as listed in Sec. 137.012(d) of the Land
Development Code, more specifically, because the granting of more than this one
space would violate the general spirit and intent of this Development Code as
expressed in Section 131.005 and 131.006; the request for more than one parking
space is based primarily upon the desire of the applicant to secure a greater
financial return from the property. There is a reason for the granting of one
parking space because of the condition which is unique to the property; it is the
minimum necessary to overcome the hardship which is incurred because of the size
of the lot subject to the condition: 1) the requisite building permit shall be
obtained within six (6) months from the date of this public hearing. The motion
was duly seconded, and upon the vote being taken, Ms. Whitney. Messrs. Homer and
Gans voted "aye"; Mr. Graham voted "nay". Motion carried. Request Qranted.
Based upon the information furnished by the applicant, Mr. Homer moved to grant
variances #4 and #5 as requested, more specifically, because the variances are
the minimum necessary to overcome the hardship created by a substandard lot
subject to the following conditions; 1) the maximum amount of landscaping
DCAB
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6/27/91
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possible shall be provided in the front {south) and on the west side; 2) parking
and sidewalk access only concerning the clear space on the east side; 3) only
parking shall be permitted on the west side in the clear space; 4) any pre-
existing non-conforming principle structures shall be allowed to cont'inue but no
new structures shall be erected and 5) the requisite building permit shall be
obtained within six (6) months from the date of this public hearing. The motion
was duly seconded and carried unanimously. ReQuest Qranted.
1. Woodlawn Church of God for variance of 49 parking spaces to
provide 135 spaces at 845 Woodlawn St, Belmont 2nd Add, Blk C, Lots
1-10 and 45-52, inclusive, and See 22-29-15, M&B 32.08, zoned P/SP
(public/semi-public) and RM 8 (multiple family residential). V 91-
32
The Planning Official explained the application in detail stating a variance of
28 parking spaces was granted earlier this year. This request for a variance of
49 spaces is a result of a change in the site plan increasing the square footage
of assembly area by the addition of a balcony. Con corn was expressed the
primarily residential neighborhood would be negatively impacted by a large
parking space variance due to the increase of vehicular and pedestrian traffic
congestion.
Randy Morris, Pastor of Woodlawn Church of God, indicated the church was taking
steps to upgrade the area and eliminate drug traffic. He felt the parking space
calculation should be based on actual seating area rather than gross floor space
area due to the fact the lIstage" was only occupied by the Pastor during the
greater part of the service. A floor plan was introduced to the Board. Mr.
Morris proposes to use parking available at three remote locations, for which he
submitted agreements. and possibly provide a shuttle service to the church.
In response to questions, Mr. Morris indicated the proposed balcony and remote
parking probably will not be utilized for at least two years but he prefers to
build now to allow room for expansion. The sanctuary currently seats 160 people
with 170 people being the average number in attendance during his one service on
Sunday morning. Sunday night attendance is generally 50 to 60 percent of the
morning attendance.
Two documents in support were submitted for the record.
Discussion ensued regarding using the parcel of land, presently owned by the
church and occupied by a rental residence, for parking. Pastor Morris indicated
the church holds a mortgage on this property and this area can be enhanced to
allow parking without eliminating the structure.
There was discussion regarding the grass surface parking and the trees on the
site. The Pastor said a tree survey has been submitted.
In response to questions, Mr. Morris indicated he has obtained financing and
hopes to begin building within four to six weeks.
Discussion ensued regarding the method used in computing the parking
requirements.
DCAB
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6/27/91
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Based upon the infor'mation furnished by the 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 specifica lly because the particular phys ica 1 surroundings of the
property involved and the fact that the parking areas will only be used
spasmodically, strict application of the provisions of this development code
would result in an unnecessary hardship upon the applicant: and the variance of
49 spaces is the minimum necessary to overcome the hardship created by the code
as it is based upon the maximum allowable seating capacity in the sanctuary of
490 seats. The variance is therefore being granted to accommodate the occasional
use of these 490 seats, therefore the 490 seats be the maximum available in the
sanctuary subject to the following conditions: 1) the applicant shall work with
Environmental Management to save as many of the existing large trees through
redesign of the parking on the site of the new construction. This shall be done
prior to submittal of the final site plan for ORe review: 2) the site plan shall
be modified to reflect the accurate amount of square footage/seating area devoted
to the assembly area: 3) the sanctuary shall be limited to 490 seats: 4) an
additional five (5) feet of right-of-way shall be dedicated to Tilley Ave,
Prospect Ave, and Woodlawn St as required by Public Works prior to the issuance
of any building permits: 5) after the right-of-way dedication, the existing sign
on Woodlawn ave. shall be removed from the ri ght-of -way. 5 i gns and fenc i ng/wa 11 s
shall be subject to separate review and permitting processes and shall conform
to current regulationsj 6) a Unity of Title for the entire church property,
including the noncommercial parking lot, shall be recorded prior to certification
of the site planj 7) the requisite tree survey for all trees four inches in
diameter or greater measured at breast height shall be submitted to Environmental
Management prior to submittal of the final site plan; 8) the final parking lot
design shall be subject to the approval of the Traffic Engineer; 9) the
development schedule shall comply to that set forth on the Certified Site Planj
and 10) the requisite building permit shall be obtained within one (1) year from
the date of this publ ic hearing. The motion was duly seconded and carried
unanimously. Request Qranted.
The meeting recessed from 2:40 p.m. to 2:50 p.m.
2. Mary G Realty Inc (Fritz1s Market) for variance of 6 parking
spaces to allow 26 spaces at 490 Mandalay Ave, Clearwater Beach
Park, Lots 57-63 and part of lot 64, zoned CB (beach ~ommercial).
V 91-33 .
The Planning Official explained the application in detail stating the
establishment had changed use and was no longer considered a retail plaza but a
strip development of multiple uses. The applicant was sharing 26 existing
parking spaces with Gionis Plaza. With the provision of inside seating a total
of 32 parking spaces wi 11 be required for the ent.ire facil ity.
She noted the Traffic Engineer expressed concern that the granting of parking
spaces on Clearwater Beach would add to the overall shortage of available parking
in a critical area.
Discussion ensued regarding four previous parking variance requests for this
property. r t was noted the code allows a 50 percent reduct i on in park i ng
requirements on Clearwater Beach.
DCAB
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6/27/91
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In response to questions. the Planning Official indicated the patio area does not
appear to be included in the square footage for the property and the market
comprises less than 50 percent of the total area.
Harry Cline. attorney representing the applicant indicated the area is supported
predominantly by walk-in trade and felt there would be no parking conflict with
other businesses as the parking lot is seldom full. He felt a deli operation
should not be considered to be a fast food restaurant.
Discussion ensued regarding the patio on the subject property and it was
indicated it is not being used for seating at the present time.
Three citizens spoke in support of the application indicating the majority of
patrons are walk-ins and having on-site seating would help to eliminate trash
problems on the beach.
Discussion ensued regarding the present use of the center. Concern was expressed
that when the property was converted from a gas station in 1984, the intent was
for the property to be used for deluxe shops, not restaurants.
Based upon the i nformat ion furn i shed by the app 1 i cant, Mr. Gans moved to deny the
variance as requested because the applicant has not demonstrated he has met all
of the standards for approval as listed in Section 137.012(d) of the Land
Development Code becausej there is no condition which is unique to the property.
no unnecessary hardship was shown, the condition existing was indirectly caused
by the owner or applicant, the variance is not the minimum, the request for the
variance is based primarily upon the desire of the applicant to secure a greater
financial return from the property, the granting of the variance would increase
the congestion in this area and the granting of the variance would violate the
general spirit and intent of this development code as expressed in Section
131.005 and 131.006. The motion was duly seconded and upon the vote being taken,
Ms. Wh i tney, Messrs. Homer and Gans voted II ayell i Mr. Graham voted "nayll. Mot ion
carried. ReQuest denied.
3. The Pines of Clearwater Condominium for variance of 12 ft to
permit utility shed 3 ft from a rear property line at 1575 Greenlea
Dr. The Pines of Clearwater Condo. zoned RM 24 (mu It ip le fami ly
residential). V 91-34
The Planning Official explained the app1ication in detail stating an existing
util ity shed in this location was recently damaged by a storm. The owner is
requesting a variance to permit reconstruction of a shed in the same location.
Patrick Flammia, representing the owner, indicated there is no other practical
location for the shed.
In response to a question, Mr. Flammia indicated the applicant is proposing to
replace the damaged shed with a larger one.
Concern was expressed in increasing an existing non-conformity.
DCAB
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6/27/91
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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, the nonconformity existing prior to the code and allowed
to continue, subject to the following conditions: 1) the utility shed shall not
exceed 114 square feet; and 2) the requisite building permit shall be obtained
within six (6) months from the date of this public hearing. The motion was duly
seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer and Graham
voted uayeu: Mr. Gans voted llnay". Motion carried. Request Qranted.
4. Anthony P Granese for var'iance of 2 parking spaces to permit
25 spaces at 1008, 1010. 1012 and 1014 Drew St, Plaza Park, Blk B,
Lots 5-9, zoned OL (limited office) and RM 12 (multiple family
residential). V 91-35
The Planning Official explained the application in detail, indicating the
property located at 1008 and 1008~ Drew Street is being converted from
residential use to professional offices and proposed to be linked with adjacent
properties at 1010, 1012 and 1014 Orew Street through a Unity of Title. The
parking spaces which exist for the adjacent property will be made available for
the new professional offices. Since several offices will share parking and the
proposal avoids Uback-outU parking, Ms. Glatthorn indicated it appears likely the
parking arrangement will be sufficient.
Discussion ensued regarding the difficulty involved in reviewing and making a
decision based upon an inadequate site plan.
Mr. Richard Green, attorney representing the applicant, described the parking
conditions of the subject property and its surroundings. He indicated stt'ict
adherence to the parking space requirements was impossible in this location
without demolishing existing buildings or huge old trees and 25 parking spaces
were sufficient.
In response to questions, Mr. Green indicated the new parking spaces would be
paved and the she11 parking area would not be expanded. He agreed with the Staff
recommendation regarding curbing the Drew Street frontage to avoid the potential
for vehicles backing out onto Drew Street.
Mr. Anthony Granese, owner and applicant, indicated a request had originally been
approved for fifteen spaces. Only thirteen spaces were built pending a decision
by Southwest Florida Water Management District as to whether or not water
retention would be required. The two remaining spaces were built later.
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 is the minimum necessary to overcome
the hardships created by the parking code in that specific area subject to the
following conditions: 1) a Unity of Title for Lots 5-9 Block uBu Plaza Park Sub.
1008, 1008~ 1010, 1012, and 1014 Orew Street, including the associated parking
DCAB
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6/27/91
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along the west side of Greenwood Avenue shall be recorded prior to the issuance
of any occupational license; 2) curbing along 1008 Drew Street shall be
continuous, the driveway serving this property shall be removed: 3) the new
handicapped parking space shall be paved in accordance with City standards; and
4) the requisite occupational license shall be obtained within six (6) months
from the date of this public hearing. The motion was duly seconded and carried
unanimously. Request Qranted.
5. Evangelia Dushas for variances of (1) 5.26 ft to permit air
conditioner support bracket 4.74 ft from a side property line; (2)
2.6 ft to permit bedroom addition 7.4 ft from a side property line;
(3) 68 in to permit wall height of 98 in in front yard setback area;
and (4) 2 ft 2 in to permit 8 ft 2 in wall height behind front yard
setback area at 1100 Mandalay Point, Mandalay Point Sub, Lots 1 and
lA, zoned RS 4 (single family residential). V 91-36
Mr. Graham declared a conflict of interest with regard to this case at which time
Vice-Chairman Gans took over chairing the meeting for this case.
The Planning Official explained the application stating the applicant is in the
process of remodeling an existing home. On February 28, 1991, the Development
Code Adjustment Board approved variances for this property. During construction
of the project, it was discovered the garage/room addition not only involved a
front yard setback variance but also a variance to the required side yard setback
from the north property line. Also, it was discovered a portion of the wall will
be constructed in the required 3D-foot front yard setback area; however. this
wall will not extend out any farther' than the residence and addition which was
previously approved for a variance. She said the applicant has already obtained
a building permit for construction of the remodeling project.
Mr. Robert Resch I I I. arch i tect represent i ng the app 1 i cant, pr'esented a site plan
and explained the necessity for the additional variances. He said there had been
some confusion regarding right of way. Also. FEMA requires the air conditioner
support brackets in a flood zone to be elevated.
Discussion ensued regarding the wall heights in relation to the variations in
elevation of the property and the need to provide visual balance between the
north and south walls.
Concern was expressed regarding the formidable height of the south wall. Mr.
Resch indicated the owner plans extensive landscaping and would be willing to
soften the visual impact of the southwest corner and the adjacent wall with
vegetation.
Mr. Jim Lilos, representing the owner, stated the residence south of the subject
property has recently been sold and the new owner has no objection to the height
of the wa 11 .
Discussion continued regarding the southwest corner and south wall: its visual
impact, the privacy it affords the owner and possible solutions for providing
visual continuity with the rest of the area.
DCAB
7
6/27/91
Based upon the information furnished by the applicant. Mr. Homer moved to grant
the var i ances as requested because the app li cant has substant i a )ly met a 11 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 in that the property's topographical condition at the
north and south ends of the property lines vary greatly subject to the following
~'ond i t ions: 1) there wi 11 be no add i t i ona 1 encroachment into the front yard
setback area concerning variance #3; and 2) the owners and architects agree to
landscape and to elevate the southwest corner of the southern entrance to the
property to the best of their ability subject to the adjoining property owners
agreeing. The motion was duly seconded and upon the vote being taken. Ms.
Wh itney , Mes srs. Homer and Gans voted II aye "; Mr. Graham absta i oed. .1ot ion
carried. Reauest qranted.
6. Fortune Savings Bank for variances of (1) 8 ft to permit
addition 67 ft from a street right-of-way (Countryside Blvd); (2) 30
ft to permit addition 45 ft from a street right-of-way (Village Dr);
(3) one car per drive-through lane (three lanes) to allow five cars
per lane; (4) 53 ft to permit canopy overhang 22 ft from a street
right-of-way (Village Dr): and (5) 2 ft to permit 6 ft high wall
about dumpster in setback area adjoining a street to which property
is not addressed at 2575 Cou ntrys ide Blvd, Countrys i de Vi 11 age
Square, Lot 4. zoned CC (commercial center). V 91-37
The Planning Official explained the application in detail describing the setback
and wall height variances required duc to the remodeling of the existing bank
structure. The existing structure encroaches into the setback area. It was
indicated a six-foot wall (or fence) is required and dense landscaping will be
used to screen the dumpster enclosure.
In response to questions, Ms. Glatthorn indicated the aisle is in the area of the
gO-degree back-out parking spaces. The minimum width for a bypass drive varies
from 9 to 12 feet subject to the Traffic Engineer's approval.
Mr. Will Alexander, architect representing the applicant, provided the Board with
a copy of the site plan approved March 26, 1991 which did not include the canopy
addition. Mr. Alexander indicated. due to a change in management, the proposed
additions were altered. Upon Staff recommendation, a new site plan was filed
which included the alterations and the proposed canopy addition.
Discussion ensued regarding setbacks I dumpster placement and traffic flow.
Concern was expressed regarding the width of the bypass lane. Mr. Alexander
indicated traffic flow had never been a problem in the past and there is adequate
room for two~way traffic. He stated there is nowhere to relocate the dumpster
which is satisfactory to Sanitation. They plan to remove the planter island and
make the area a narrow drive lane. Some of the landscaping will be replaced or
relocated.
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 Oevelopment
Code, more specifically because the variances arise from a condition which is
unique to the property and was not caused by the owner or applicant; the
particular physical surroundings, shape, or topographical conditions of the
....." property involved and the strict application of the provisions of this
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DCAB
6/27/91
8
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development code would result in an unnecessary hardship upon the .applicant
subject to the following conditions: 1) the required site plan revision shall
be submitted and approved prior to the issuance of any building permit; 2) shrubs
shall be improved, provided and maintained as required by Section 136.016 to
screen the entire site and the dumpster enclosure. Particular emphasis should
be made in the area east of the canopies (Village Drive) and the dumpster area;
3) all parking, in particular the access area through the bypass drive, shall be
approved by Traffic Engineering; 4) variances shall be limited to the occupancy
of the site by Fortune Savings Bank; and 5) all requisite permits shall be
obtained within six (6) months of this public hearing. The motion was duly
seconded and carried unanimously. Request aranted.
III. Staff and Board Comments
Mr. Homer moved to request Staff to ask Sanitation to avoid putting dumpsters on
major thoroughfares and local through streets. The motion was duly seconded and
carried unanimously.
Discus s i on ensued regard i ng park i ng at the E 1 Cap i tan, the Equator and the
Pelican restaurants.
Concern was expressed regarding boats parked in front and front side yard
setbacks on Clearwater Beach.
Mr. Gans moved to requ i re that a signed and sea 1 ed sHe plan to sca 1 e by a
Florida registered architect or engineer accompany parking and setback variance
requests unless otherwise determined by Staff to be unnecessary. The motion was
duly seconded and carried unanimously.
Staff was asked to check into the legality of the patio behind Fritz's Market and
the fence at the Shipwreck Bar.
Concerns were raised regarding the lack of parking at the T-shirt store next to
Britt's and the outdoor dining at Britt1s.
V. Adjournment
The meeting adjourned at 5:45 p.m.
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Iha i rman tfl . .
ATTEST:
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DCAB
9
6/27/91
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
773 C;.,
CIty
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WHO MUST FILE FORM 8B
This form is for use by any person serving at the county. city, or other locallcvcl of government on an appointed or elected board.
council, commission. nuthority, Or commillec. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conniet of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conniet of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close anemion to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143; FLORIDA STATUTES
ELECTED OFFICERS:
A person hOlding electivc county, municipal, or other local public ofr"icc t...IUST ABSTAIN from voting on a measure which inures
to his special privatc gain. Each local officer also is prohibited from knowingly voting on a measure which inures 10 the special
gain of a principal (other than a government agency) by whom he is rClained.
In dlhcr C:lSC. you should disclose: Ih:: conllicl:
PRIOR TO THE VOTE BEING TAKEN by publicly st:lling to thc assembly the nature of your interest in the measure on
which you are abstaining from voting; alld
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and riling this form wilh th...: person rcsponsible for recording
the minutes of the meeting, who should incorporate the form in thc minutes.
APPOI."\TED OFFICERS:
A person holding appointivc COUI1lY, municipal, or other local public office J\IUST AI3STt\IN from voting on 11 measure which
inures to his special private gain. Each local or'ficcr alstl is prohibited from knowingly voting 011 a measure which inures to the
special gain of a principal (other than a governmel1l agency) by whom he is retained.
A person holding an appointivc local office othcrwise ma>' participate in a maller in which he has a conllict of interest, but must
disclose the nature of the contliet before making any allcmptto innuencc the decision by oral or written communication, whether
made br the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE ,\1EETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complcte and file this form (before making any allempt to influence the decision) with the person responsible for
recording the minules of lhe meeting, who will illcorpor.llc llle form in Ihe minllles.
· A copy of the form should be prm'ided immediate]>' to the other members of the agenc)'.
. The form should be rend publicl)' nl the meeting prior to cOlLsideration of the math:r in which YOll have a conniet of interest.
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IF YOU MAKE NO AITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETlNG:
· You should disclos~ orally the nalure of your connict in the m~asure before participating.
· You should complere the form and file iI within IS days afler the vote occurs with the person responsible for recording the minutes
of lhe meeting, who should incorporale lhe form in the minules.
D1SCL,OSURE OF LOCAL OFFICER'S INTEREST
I, ~/hn&-'"f ,j. 0/'.;Jh:.."",,<- ,hereby disclose Ihal on 0 - Z 7
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(3) A measure cnme or will come before my agency which (check one)
_ inured to my 5p~'Cial privalC gain; or
~ured to the special gain of ~<- af~-S
, by whom I am retained.
(b) The measure before my agency and the nalure of my incerest in the mensure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317 (1985), A FAILURE TO MAKE ANY REQUIREb_'
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. RE!\.10VAI. OR SUSPENSION FROM OFFICE OR C:MPLOYMENT. DEMOTION, REDUCTION IN
SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO.
C'E FORM ~". l.ljl
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