07/11/1991 (2)
~ .
./
DCAB
DEVELOPMENT CODE AO.,JUSTMENT BOARD
"
DATE d7 f / !etl
d7-- & ~73
;~....>~..
"
,
"--"\-TO'
........
ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, July 11, 1991 - 1:00 p.m. - Commission Meeting Room, City Hall, 3rd
floor - 112 South Osceola Avenue, Clearwater, Florida
To consider requests for variances of the Land Development Code:
1.
Time Extensions
1. Don Curtis Pierson six months
time extension to 1/13/92 for
variances of 1) 1,753 sq ft to allow
construction of a triplex on a 8,247
sq ft lot; 2) 5 ft to allow
construction of a triplex on a lot 95
ft wide; and 3) 13 ft to permit
construction of a triplex on a lot 87
ft deep, at 7 Heilwood st, Revised
Map of Clearwater Beach, 81k 6, Lot 3
and part of Lpt 2, zoned RM-20 per
RM-12 (multiple Family residential).
V 90-40
II. Public Hearings
1. N i ge 1 and Rosanne E Manse 11 for
variance of 32 ft to permit 82 ft
wide dock at 802 and 820 West Druid
Rd, Harbor Oaks Sub, lots C, 0, E,
and part of Lot B, zoned RS 2 (single
family residential) and AL/C (aquatic
lands/coastal). V 91-38
2. Anne E Unger and David R Billing
for variance of 4 ft 3 in to permit
roof height of 29 ft 3 in at 227
Bayside Dr, Bayside Sub #4, Unit A,
elk 2, part of Lots 0 and E, zoned RS
8 (single family residential). V 91-
39
3. Russell J and Jamie J Latimer for
vari ance of 5 ft to permit garage
addition 20 ft from a street right-
of -way at 1857 Venet i an Po i nt Dr,
Venetian Point Sub, Blk A, Lot 26,
zoned RS 8 (single family
residential). V 91-40
DeAR
I.
Time Extensions
1. Extension request continued to
August meet i n9 when app 1 i cant wi 11
present further variance requests.
II. Public Hearings
1. Granted subject to the
following conditions: 1) the dock
and a maximum of two slips are to be
utilized exclusively for the
applicant and the applicant's guests
and 2) 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) all
applicable permits shall be obtained
within six (6) months from the date
of this public hearing.
3.
Continued to 7/25/91.
1
7/11/91
(
\_-
4. Charles and Ypapanti
Alexiou/Anthony Alexiou (Penguin
Palace) for variances of (1) 52.14 ft
to permit deck seaward of coastal
construction control line: (2) 15 ft
to permit deck zero ft from a street
right-of-way: (3) 7.65 ft to permit
deck 7.35 ft from a rear property
1 i ne: and (4) 7 park i ng spaces to
permit a 1,338 sq ft deck at 7
Rockaway St, Miller's Replat, Lots 2
and 3, zoned CR 28 (resort
commercial). V 91-41
5. City of Clearwater (Beach Diner)
for variance of 8 parking spaces to
permit a 656 sq ft deck addition at
56 Causeway Blvd, City Park SUb{ part
of Lots 7, 8, and 9, zoned CB beach
commercial). V 91-42
6. Bruce W Lee for variances of (1)
15 ft 3 in to permit garage addition
9 ft 9 in from a street right-of-way
(Engman St); (2) 10 ft 5 in to permit
garage addition 14 ft 7 in from a
street right-of-way (Sunset Dr); and
(3) 30 ft to permit construction on a
lot 50 ft deep at 300 Engman St,
Enghurst First Add, Lot 54, zoned RS
8 {single family residential). V 91-
43
7. Joseph and Lucy C Caraco, Franco
and Maria Iocolano, Anthony and
Louise Linares for variance of 2
parking spaces to permit conversion
of rental (retail) use to fast food
use at 432 Poinsettia Ave, #3,
Barbour-Morrow Sub, 8lk A, Lot 41,
zoned C8 (beach commercial). V 91-44
III. Ooard and Staff Comments
IV. Minutes Approval of 6/13/91.
V. Adjournment
....-_.
DeAD
4. Continued variances #1, #2 and
#4 to 8/8/91. Denied variance #3.
5.
Continued to 7/25/91.
6. Granted subject to the
following conditions: 1) the garage
addition shall be constructed as
indicated on the site plan and 2) the
requisite building permit shall be
obtained within six (6) months from
the date of this public hearing.
7. Granted subject to the
following conditions: 1) there shall
be no outdoor seating of any kind on
the site; 2} the applicant shall be
allowed to request an alcoholic
beverage license only if 51% or more
of non-alcoholic sales take place: 3)
this variance shall only run with
this establishment and 4) the
requisite occupational license shall
be obtained within six (6) months
from the date of this public hearing.
III.
IV. Approved
V. The meeting was adjourned at
5: 10 p.m.
2
7/11/91
...........
L/+~- .,
\
....~...
<--
DEVELOPMENT CODE ADJUSTMENT BOARD
July 11, 1991
Members present:
Thomas J. Graham, Chairman
Otto Gans, Vice-Chairman
John W. Homer
Alex Pliska
Absent:
Emma C. Whitney - Excused
Also present:
Miles Lance, Assistant City Attorney
Sandy Glatthorn, Senior Planner
Mary K. Diana, Assi.stant 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 Ha 11. He outl 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
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. Time Extensions
Don Curtis Pierson six months time extension to 1/13/92 for
variances of 1) 1,753 sq it to allow construction of a triplex on a
8,247 sq ft loti 2) 5 ft to allow construction of a triplex on a lot
95 ft widei and 3) 13 ft to permit construction of a triplex on a
lot 87 ft deep, at 7 Heilwood st, Revised Map of Clearwater Beach,
Blk 6, Lot 3 and part of Lot 21 zoned RM-20 per RM-12 (multiple
Family residential). V 90-40
Mr. Homer moved to grant a six month time extension to January 13, 1992 in which
to obtain a building permit. The motion was duly seconded.
Discussion ensued regarding the time extension request being requested as a
result of the storm on April 25, 1991, and past variance requests on the subject
property.
Mr. Pierson was not in attendance to present the request. It was noted that
Board policy did not require the applicant to be present for the first six month
time extension request. However, Attorney George Greer, being present for
another case, said he would speak in Mr. Pierson's behalf as he had represented
him in the subject request.
DCAB
1
7/11/91
.:~: 11;.:; ;,~1:~ ~. ..'~: '/r":~. -:'
Mr. Greer said he was not aware of this request and said the subject variance was
granted to legitimize the property as a building lot.
Two of the members were not on the board when this request was granted and they
wished more background on this case.
Mr. Greer said the applicant would be coming before the Board sometime in August
for another variance to increase the footprint.
Upon the vote being taken, Messrs. Homer and Graham voted "aye;" Messrs. Pliska
and Gans voted "nay." Motion failed due to a tie vote.
Mr. Plisko moved to continue the request for a time extension to allow Mr.
Pierson to represent the subject variance request when he addresses the Board in
August to request another variance. The motion was duly seconded.
The Assistant City Attorney pointed out the subject variance cannot be revoked.
Concern was expressed regarding whether or not the Board was being consistent
regarding requests for time extensions. It was felt this case ;s unique.
Upon the vote being taken, Messrs. Homer, Plisko, Gans and Graham voted naye.n
Motion carried. Extension reQuest continued.
I
'-'-'*.- .
II. Public Hearings
1. Nigel and Rosanne E Mansell for variance of 32 ft to permit 82
ft wide dock at B02 and B20 West Druid Rd, Harbor Oaks Sub, Lots C,
0, E, and part of Lot 8, zoned RS 2 (single family residential) and
AL/C (aquatic lands/coastal). V 91-38
Mr. Pliska declared a conflict of interest with regard to this case.
Sandy Glatthorn, the Planning Official, explained the application in detail
stating Mr. Mansell, the owner of the subject properties, wishes to remove two
existing docks and replace them with one large dock to be shared by both parcels.
The applicant has submitted an application with the Pinellas County Water and
Navigation Control Authority. The City's Harbormaster has determined the
proposed dock will not create a navigational hazard or obstruction.
Robert Moore, agent for Ress Marine representing the owner, requested Staff's
narrative be corrected to reflect a 15,000 pound and a 60,000 pound boat hoist
to correspond with the diagram contained in the County dock appl ication. He
expressed concern if the state negotiated a change for less than the 32 foot
variance requested he would have to come back to the Board. It was indicated he
would not if they negotiated less.
In response to questions, Mr. Moore indicated the new dock will be placed close
to the center of the property 1 ine between the two propert ies, the 27 foot height
of the boat house is necessary for overhead lift clearance, there is not
sufficient water along the applicant's property to use a cradle lift and the dock
will be placed in front of the 45 foot bell tower. Mr. Moore presented an aerial
photograph of the area and a photograph of the boat.
, .,
DeAB
2
7/11/91
:: ... ~ "; ~ ~".~ ", ,::" ';"'~"'. -': :l:. ,f '. ,* ',;.,' '.::: j, I, ': '..' i' : ~. :".~.: "..... ~ 1.1 ~. .':' - . ~:'~'~. . ~. ':" - . ~' . .:.,': ~..:. '"- ',' '..._ ," ~..' + ~~ ..:. ~ . ~,1 , .' j '!::' l ~" :~ I" . :" ':-: t ,f.~ .,' ,_I .' ..'.;.,..;~ ~ . :" '~ I _~:~ :: I.~ '~'... :~. . ~ 'I. '. ", -,:, :' t-:, \
1il... .
f~ 'V.
In response to a question, Ms. Glatthorn indicated the Aquatic Lands Coastal
district has no height restrictions.
Discussion ensued regarding the size of the dock, the unique nature of the
subject property due to the substantial waterfront distance which is unusual in
the city, the historical nature of the house and its value to the Harbor Oaks
area.
The Board expressed concern regarding whether or not the variance request is the
minimum required and questioned whether the dock could be placed parallel to the
seawall. Mr. Moore indicated the boat is too long to dock perpendicular to the
seawall because of sandbars in the area. He said the adjacent property owners
have no objection to the proposed dock.
Mr. Homer' stated for the record that due to existing conditions, this is the
minimum necessary.
Based upon the information 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 specifically, because the variance arises from conditions which are
unique to the property; the shallow water, location of the sand bars and the
length of the vessel, and was not caused by the owner or applicant, the
particular physical surroundings or topographical conditions of the underwater
property involved and the strict application of the provisions of this
deve 1 opment code wou 1 d resu 1 tin an unnecessary hardsh ip upon the app 11 cant
subject to the following conditions: 1) the dock and a maximum of two slips are
to be utilized exclusively for the applicant and the applicant's guests 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, Nessrs. Graham, Horner and Gans voted Itaye". Mr. Plisko abstained.
Motion carried. Request qranted.
2. Anne E Unger and Oavid R Billing for variance of 4 ft 3 in to
permit roof height of 29 ft 3 in at 227 Bays;de Dr, Bayside Sub #4,
Unit A, Blk 2, part of Lots 0 and E, zoned RS 8 (single family
residential). V 91-39
The Planning Official explained the application in detail, stating the applical1t
wishes to construct a second floor addition with a pitched roof. She indicated
this is a second-story addition to an existing house.
David Billing, owner and applicant, stated he wishes to renovate the house for
use as his primary residence. Extensive renovations are required to add living
space and provide clearance to meet FENA codes. He indicated the height was
minimized as much as possible by using a low roof pitch and will match the newer
structures in the area.
In response to questions, Mr. Billing indicated he intends to gut the entire
first floor, use as a garage and build the second floor on the existing
foundation. The new structure will be similar in height to the house across the
street.
DCAB
3
7/11/91
'_:~.. : It: ,I' . ~ . ~ : ." ~_ ~ . J~l.f'~\ ',.::- .,:.' ":'I'.~ . '., i;.. "~. ~. '\ '~': '., . ; +.' i .~ . ~. , I,: .' . ". ~:.:~: ~I'(\. ': t.1 J: '.: -.: : ~ ~ :~: '.: E ". . ... f I ~.... ~-/. .... t/: ' , '.~ ;_ . . I :' f' :,~. - ~ . ~ ..',. , , .. ,'; ',.' ,: ~ ' ... '-:"~:',.': ~~\ . .' . > '. ~ " ' , ,,~'", ; 'p '. ~. '''-<1, . t : ':,'..
. .
Discussion ensued regarding the height bonus rule in relation to the setbacks.
Ms. Glatthorn indicated the applicant is not providing the additional setbacks
required to qualify for a height bonus.
Based upon the information furnished by the applicant, Mr. Plisko 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 and the variance is
the minimum necessary to overcome the hardship created by FEMA requirements in
the alteration of an existing house subject to the following 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.
3. Russell J and Jamie J Latimer for variance of 5 ft tQ permit
garage addition 20 ft from a street right-of-way at 1857 Venetian
Point Dr, Venetian Point Sub, Blk A, Lot 26, zoned RS 8 (single
family residential). V 91-40
The Planning Official stated the applicant wishes to constru~t an enclosed garage
to replace a cat'port which was destroyed by a storm. The proposed garage will
be the same type used in surrounding homes.
Jamie Latimer, owner and applicant. indicated she wishes tQ stQre art work and
relocate her washer and dryer into the new garage and feels the variance is the
minimum necessary. Ms. Latimer indicated she is experiencing plumbing problems
due to the existing location of the washer and dryer and is lacking storage space
fQr lawn equipment.
Concern was expressed regarding the garage extending beyond the house making it
nQn-conforming. It was felt the drawings did not accurately depict the
appearance of the exterior of the house if the variance was granted. Discussion
ensued regarding whether or not the variance is the minimum necessary. It was
indicated the applicant should be given the opportunity tQ come back with more
information and drawings to support the request.
Ms. Latimer requested a continuance to provide architectural drawings of the
proposed garage Qn the subject property.
Mr. Homer moved to continue the request to the meeting of July 25. 1991. The
motion was duly seconded and carried unanimously. ReQuest continued.
4. Charles and Ypapanti AlexiQu/Anthony Alexiou (PengUin Palace)
for variances of (1) 52.14 ft to permit deck seaward of coastal
construction control line: {2} 15 ft to permit deck zero ft from a
street right~of-way; (3) 7.65 ft to permit deck 7.35 ft from a rear
property line: and (4) 7 parking spaces to permit a 1,338 sq ft deck
at 7 Rockaway St. Miller1s Replat, Lots 2 and 3. zQned CR 28 (resort
commercial). V 91-41
The Planning Official explained the application stating the variances are being
requested to ~legitimize~ an illegally constructed deck as well as to permit the
expansion of the deck in a southerly direction.
DCAB
4
7/11/91
t.. .,
The Traffic Engineer indicated in a memo dated June 20, 1991, "Any variance of
requ i red park i ng spaces on Clearwater Beach on ly adds to the overa 11 beach
parking problem."
Mr. George Greer, attorney representing the current tenants, gave a brief history
of the subject property stating a former owner built the illegal deck. The
current owner bought the property in 1988. Mr. Greer presented a copy of a
letter dated November 2, 1987 from the City of Clearwater Building Department to
Florida Department of Natural Resources (DNR) indicating there were no objections
to issuing a permit for work beyond the Coastal Control Line.
Mr. Greer indicated there is additional parking near the establishment and a
large majority of the patrons are walk-ins from the beach. He stated the DNR
recommended extending the deck to handle sand piling due to the wind currents
causing a swirling action. He said the deck will be sealed off keeping people
from going underneath.
Discussion ensued regarding an additional four parking spaces being required for
the existing structure and three additional for the proposed deck extension.
Two citizens spoke in support of the application stating they frequent the
establishment and it is an asset to the community.
Seventy-eight letters in support were submitted for the record.
Harry Cline, Attorney representing the Clearwater Beach Hotel, spoke in
opposition to any expansion of the deck, stating he felt the expansion would have
an adverse impact on the hotel's older citizenry, would impair the value of the
hotel property, was economically driven and was not the minimum. He did not
oppose "legitimatizing" the existing structure.
Mr. Greer indicated there is broad community support and the Police Department
supports extending the deck for security reasons. He stated the side of the
hote 1 fac i ng the deck is a block wa 11 with sma 11 wi ndows and wou 1 d not be
adversely affected.
In response to a question, Mr. Greer indicated the entire deck would be
reconstructed.
Based upon the information furnished by the applicant, Mr. Gans moved to grant
variances #1 and #2 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 ;s unique to the property and were not caused by the owner or applicant and
the variances are the minimum necessary to overcome the hardship created by the
previous operator or owner subject to the following conditions: 1) the applicant
shall obtain th~ requisite alcoholic beverage separation distance variance from
the City Commission and 2) the applicant shall obtain all necessary permits
within nine (9) 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 applicantl Mr. Gans moved to deny
variance #3 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 because there is no condition which is unique to the property,
DCAB
5
7/11/91
"'~'~.>~~~r;.;...:.,.:/:'~.y.t...\ "'~;!,"/~:.-:':....j.t)~::"'~"~\":!;."~::':-I~:'\:""1 J"~';.'~::}(' ..;...-~:....,~I. t. .~~.~.i...' ,.~:.::..':~:."ftol.,..:, .... ':-...;.:/..~., ,I~!h'~.'.:::'" ..:'~ ...~.I,l..:, ..~...~~, .:..'...._ ,Ir...~, 4" .:. "', ....
" . I.
no unnecessary hardship was shown, the variance is not the mWlmum and the
request for the variance is based primarily upon the desire of the applicant to
secure a greater f i nanc i a 1 return from the property. The mot ion was du ly
seconded and carried unanimously. Request denied.
Based upon the information furnished by the applicant, Mr. Gans moved to grant
a variance of four parking spaces for an 810 square foot deck 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 appl icant, the variance is the minimum necessary to
overcome the hardship created by the previous operator or owner subject to the
following conditions: 1) the applicant shall obtain the requisite alcoholic
beverage separation distance variance from the City Commission and 2) the
app 1i cant sha 11 obta i n all neces s ary permi ts wi th inn i ne (9) months from the date
of this public hearing. The motion was duly seconded and carried unanimously.
Request Qranted.
At the end of the meet i ng, Mr. Greer addressed the Board request i ng they
reconsider their previous motions due to discrepancies in the surveys causing the
figures on the application to be incorrect. He expressed concern the variances
granted would not be enough to allow the existing deck.
Mr. Homer moved to reconsider the motion for variances #1, #2 and #4. The motion
was duly seconded and carried unanimously. Request Qranted.
The motion for denial of variance #3 was not reconsidered.
Mr. Gans moved to continue variances #1, #2 and #4 to the meeting of August 8,
1991 to be readvertised. The motion was duly seconded and carried unanimously.
Request continued.
The meeting recessed from 3:30 p.m. to 3:47 p.m.
5. City of Clearwater (Beach Diner) for variance of 8 parking
spaces to permit a 656 sq ft deck addition at 56 Causeway Blvd, City
Park Sub, part of Lots 7, 8, and 9, zoned CB (beach commerc; a 1) . V
91-42
Staff requested this item be continued as the related conditional use appl ication
has been continued to July 16, 1991.
Mr. Homer moved to continue the request to the meeting of July 25, 1991. The
motion was duly seconded and carried unanimously. Request continued.
6. Bruce W Lee for variances of (1) 15 ft 3 in to permit garage
addition 9 ft 9 in from a street right-at-way (Engman St); (2) 10 ft
5 in to permit garage addition 14 ft 7 in from a street right-of-way
(Sunset Or): and (3) 30 tt to permit construction on a lot 50 ft
deep at 300 Engman St, Enghurst First Add, Lot 54, zoned RS B
(single family residential). V 91-43
DCAB
6
7/11/91
iJ!i"
1'" '1
,,~.
T~e Planning Official <ex91iti.Q.PJf..t~~ application in detail stating the applicant
wlshes to construct a two-car garage masonry structure with a flat roof to be
attached to the existing house. The request stems from a situation arising from
a substandard lot with a steep embankment to the hay. There is an existing
carport attached to the building.
David E. Albritton, General Contractor representing the applicant, said the
location was selected for the garage due to the narrow depth of the lot and the
steep hi 11 on the west. The structure wi 11 be the minimum depth and width
required for two cars and will follow the configuration of the house.
In response to questions, Mr. Albritton indicated moving the garage further back
on the lot would still require a variance and he did not wish to hinder access
into the courtyard.
One letter in support of the application was submitted for the record.
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 appl icant, the particular
physical surroundings, shape, or topographical conditions of the property
involved would result in an unnecessary hardship upon the appl icant if the strict
interpretation of the code were to be applied and the variances are the minimum
necessary to overcome the hardship created by the substandard lot size and the
slope of the lot to the bay, subject to the following conditions: 1) the garage
addition shall be constructed as indicated on the site plan 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 carried unanimously. Request
Qranted.
7. Joseph and Lucy C Caraco, Franco and Maria Iocolano, Anthony and
Louise Linares (Hacki Hok) for variance of 2 parking spaces to
permit conversion of rental (retail) use to fast food use at 432
Poinsettia Ave, #3, Barbour-Morrow Sub, Blk A, Lot 41, zoned CB
(beach commercial). V 91-44
The Planning Official explained the application in detail stating the Wacki Wok
is proposing a 580 square foot addition. She said being located in Beach
Commercial qualifies for a 50 percent reduction of the parking requirements.
The Traffic Engineer stated in a memo dated June 20; 1991, "Any variance of
required parking spaces on Clearwater Beach only adds to the overall beach
parking problem."
Discussion ensued regarding whether or not parking variances should be granted
on the basis of close proximity to other parking lots. It was felt this was not
consistent with past policy.
Gary Kloch, applicant and operator, indicated his restaurant presently offers
only carry-out and delivery. He hopes to provide tables and chairs for customer
seating and will continue his delivery service.
DCAB
7
7/11/91
,,-' ~ ~\
In response to questions, Mr. Kloch indicated he does not sell alcoholic
beverages, does not plan to have outdoor seating and the car parked in front of
his establishment ;s used for delivery.
A petition with forty~two names in support of the application was submitted for
the record.
Discussion ensued regarding the 50 percent reduction in parking requirements on
Clearwater Beach and this request being the minimum required.
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, subject to the following conditions: 1) there shall be no outdoor seating
of any kind on the site; 2) the applicant shall be allowed to request an
alcoholic beverage license only if 51% or more of non-alcoholic sales take place;
3) this variance shall only run with this establishment 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.
Reauest Qranted.
III. Board and Staff Comments
Discussion ensued regarding the importance of having accurate site plans. Staff
was requested to investigate cones being used to reserve parking spaces in street
rights~of-way and a canopy being placed in the setback on the west side of Bill
Brown's Chicken at Missouri and Drew.
-.......
IV. Minutes Approval of 6/13/91
Mr. Homer moved to approve the minutes of June 13, 1991, in accordance with
copies submitted to each board member in writing. The motion was duly seconded
and carried unanimously. Approved as submitted.
V. Adjournment
The meeting was adjourned at 5:10 p.m.
ATTEST:
----~..
.~b,u
City Clerk
-....... !
DCAB
8
7/11/91
,--'FORM 88,' MEMORANDUM Of VOTING CONFLICT FOR
] ,^:"~~r~!!:II,~,~,~~~IPAL, AND OTH~^~, 1~~~~U~C1~C~'~~'~?AU90~!.~~~'~~LE
..' ?t./t.?/-10 . A LG x' , PGtI(3{;qvMf:lVi-"_'DOtf A/)JlIri/1€Nr 8CJ4r.ol\~~J 1\-
P"'-\.INli O\IlUlltss . 1111: 1l0;\RU, CUVNCII. COMMISSION, AU rHURIn'. OR COMM1T1 L::E ON
'0\'111<:11 I SERVI' IS A UNI' or:
70 {p OA/'-'; A \(
? L6AR/!<.j.4TG/L.-
U^l E ON Wlllnl VOl t OCl'UIl RI:U
7-1/-9/
('IT \'
COLIN 1\
)4:11'
, ("ClUNI\'
I I Ollltft IO("Al AliENn'
~j/V'G't. '. NS
NMlt 01" 1'0011ll AI. SUIIIIIVISION:
CItY' dr CU}{)I!!.WArbfl-
PIn l'llSI' ION IS'
~'rOINTIVE
i' !'LI:C! IVE
WHO MUST FILE FORM 8B
This form is for use by allY person serving at the cuullty. city. or other loealle\'el of government on an appointed or elected board.
council, commission, authority, or cmnmillee. It applies equally 10 lIIemhers of advisory and non-advisory bodies who arc presented
wit h a vot ing conflict uf interest ullder Set't illll 112,3143, Floridil Stalutes. The requilements of Ihis law arc mandatory; although
the U$l' of Ihis particular form is Iwl required by 101\\', YOll arc encollTageu 10 llse il in making Ihe disclosure required by Inw.
Your re$plll1sibililie.~ under Ihe tnw when fnced with n 1II~'millre in which )'OU have n confliel of interest will \'ary greatly depending
011 whether YOll huld all elective or appointive position. For this reason, please pay close allelllion to the inslructions on this form
before compleling t he reverse side and liIing I he forl1l.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
I.
ELEcn;n OFFlCEnS:
A persoll holdiLlg e]l.'Clivc COI1JllY, lI1l111idpal, or other IOl"al publil' olliec t\lusr o\BSTAIN flOIll vOling on a llleaSllle which inllTes
to his special privnle gaill, Each local officer aho is prohibited from kno\\'i ngly \"01 ing all a lI1ea~ure which inures to the special
gain of a prindpal (olher than a gmcrlllllClIl agelll"Y) by whom he is retaincd.
In either ~'ase. YOll ShOLlld disclose the conflicl:
PRIOR TO nlE VOTE BEING 'Ii\J.;EN by publicly ~t:lIil1J.! III thc assembly Ihe nalme or }llUl illtelest in the measure on
which you ilre abslaining from \'Oting; alld
WITHIN 15 l.)AYS AFTER THE VOTE OCCURS by COlllplclillg and filing lhi~ fmlll with Ihe pmoll responsiblc for recording
the millllles of the lI1eeling, who should incorporale thc form ill the lIIinulc~.
APPOINTED OFFICERS:
A person holding appointl\e COUtlly, municipal. or olher IOl'al public office !\IUSr ABSTAIN from vOling 011 a measure which
inurcs 10 his special private gain. Each IDea] or["iccl alw is prohibited lrom knowingly vOlillg on a measure which inures to Ihe
special gain of a prindpal (olhel than a go\'crnment agency) by \\ hOIll he i~ retained,
A pcrson l\oldillg an appoinlive ]ol"al nffiee othelwise Illay paltkipalc in a malleI in whkh he has a eonflkt of interest. butll1ust
disclose rhe nalure uf Ihe cunflkt \.JcfOlC making allY allempllo influence the decision by oral or written communication, whet1lel
IIIade by thc officer or at his direction,
IF YOU J NOI END TO MAKE ANY ATTE!\1 PI' '10 INFl.UENCE 'J II E DECISION PRIOR TO THE !\IEETING AI' WHICH
THE VOTE WILL BE TAf..:r:N: .
,'oil ~hn\lld complete and file ,hi:. forlll [before making any alh.'llll'l 10 influence lhe decision I \,ilh lhe pCISOll responsible for
recording Ihe minutes of Ihe mceting, who \\ ill incorporate the 1'01111 in Ihl' lIlilllJlCS,
· A copy of the form should be proviJed imlllediately 10 lhe olhel nH;'lIlbel~ of lIlt: agcm'y,
· Th~' Imlll should be le,HI puhlicly OIl IlIe n\l..'elillll prim III col1\idl'ration of Ihe malter in which ~Oll have a eonJlict of inlcrest.
t II!! \. -n III ~/,
< .' . . " 0 , ," .... . i" ' . ~,'. . " . .' . . \ '. . .' .
1',,(,1' I
...~".. '..:.':',_'\.:~ ,.....J.".~.""':~. '~"'~t'~."'.' . .1,:.': ,~'.:. .... i...:,:".'~.'4 !.':'..-. '''~;''~'I''''''III''''''.' " ,"'.' ..,.-:.... " 'I' ,. .~ .....~..,.,.~.. ",,~ "
IF YOU ~1^1\E NO ATTEl\WT TO INFl.UENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: "
· \'ou should disclose mally the !HlllltC 01" your (;onrlicl ill IlIe mcal-ute hel'ore p<ulicipaling,
· YOll ~hould Cl1l1lplt'IC I Ill' form :\I'd rile it within 15 dnys nfter the \'Ole occurs with Ihe person responsible ror recording the minutes
or the IllcClilll!. who should ill~mrllr:lIe thc rorl11 in thc IllhllltcS.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. _~UX' !i1r;r::,O
t
, hercby disclosc thai 01\ _
7-11
,\9R:
(a) A measure clime or will come before my agency which (check ol\e)
~ured to my special privMc ~ail\; or
_ il\\1\cd In the sped,,1 ~nil\ 01" ______
. by whom I am retained.
tb) The llleLlS\HC bcl'OIe my agenc}' aml the nalllfC of 111)' inlelcst in the llIenSUle is as ruJlows:
E-
rr TO
DOu1< ,4--1 80 Z. ,cfN//
A'
I T8 tv? .1- 0 ~
!(O?ANN~
~2.
j?u;:, I-IC /I GIJt'</NG
/-11<) tv> G L... r 0 "(.
Pt;;I<MII B"2 -F-b
,;
/
tV /(0 G c....
I(J/l/O
or:-
(/ /<l/i!. / ,;<J /V U--
WIPC-
810
uJ e?; T'
tJfZ.l.f1 1/ ~~ D/
7J/c
H /VN <Sb i...G (;7
A 1Le;"
~nr~ )./l;/
(] L-/ grJ -; ro )L-
D c:Z; / b .tV .I...v~
7116:/ /C
;t!6-W r.2.ti~) Oc-rJ(..o--
AI
771/~
.A j/{)/O;"?, 5 1
-....__..p._____ ..Z-:.-(~~ .f/. --.."---,,.q.. ---
Dale Filed
~____~F_~;l~ -
Signature
, .
~jJ.,;I
NOTICE:, UNDER PIWVISIONS OF FLORIDA STATUTES W2.:l17 (1985), t\ FAI1.URE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND M^ Y UE PUNISIIED BY ONE OR ~10RE OF THE FOLLOW1NG:
ll\lPEACIlt\IENT, REl\10\'AI. OR SUSPENSION FRO/\I OFFICE OR El\IPLOYIVlENT, DEI\10TION, REDUCTION IN
S:\LAR Y, REPRIMAND, OR ^ CIVIL PEt"t\I.TY NOT HJ EXCEED $5.000.