09/12/1991 (2)
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DEVELOPMENT CODE AO..JUSTMENT BOARD
DATE _/J!!1//,p /'1/
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, September 12, 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:
I.
Pub 11 c Hear i ngs
1. Jacqueline S Latimer for
variances (I) of 38 ft lot depth to
permi t construct i on on a lot 72 ft
deep: (2) of 9 ft to permit second
floor additions 16 ft and 23 ft from
street rights-of-way; (3) of 4 ft to
permit addition 6 ft from a rear
property line; (4) of 6 ft 8 in to
permit second floor addition height
of 31 ft 8 in; (5) of 20 ft to permit
swimming pool 5 ft from a street
right-of-way; (6) of 3 ft to permit 4
ft high wa 11 to be located zero ft
from street right-of-way; and (7) to
permit zero landscaping on right-of-
way side of wall at 1050 Bay
Esplanade, Mandalay Sub, Blk 68, Lot
13, zoned RS 8 (residential single
family). V 91-58
2. Earl M and El izabeth .L Haagl in
for variance of 6 ft to permit dock
to be pas it ioned 14 ft from a side
(extended) property line at 30 Midway
Island, Island Estates of Clwr Unit
3, Lot 10, zoned RS 8 (single family
residential) and AL/C (aquatic
lands/coastal). V 91-59
3. 440 West Condominium Assoc, Inc,
for variances of (1) 15 ft to permit
swimming pool seaward of Coastal
Construction Control Line (CCCL); and
(2) 40 ft to permit swimming pool 10
ft from Gulf of Mexico mean high tide
at 450 S Gulfview Blvd, 440 West
Condo, zoned CR 28 (resort
commercial). V 91-60
DCAB
1.
Public Hearings
1. Variances #1, #2 and #4 granted
subject to the following conditions:
1) the elevation of the structure
shall meet the original submission by
the applicant as part of the original
app 11 cat i on packet; 2) the wa ter
shall be controlled on the
applicant's site and 3) the requisite
building permit shall be obtained
within six (6) months from the date
of this public hearing.
Variances #3, #5, #6 and #7 denied.
2. Granted subject to the
requisite building permit being
obtained within six (6) months from
the date of this public hearing.
3.
Continued to the meeting of
October la, 1991.
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4. Patricia A Jones (Bishop) for
variances of (1) 8.41 ft to permit
screen room 16.59 ft from a street
right-of-waYi (2) 758 sq ft to permit
construct i on on an 8242 sq ft lot i
(3) 4.1 ft to permit construction on
a lot 105.9 ft wide; and (4) 20 ft to
permit construction on a lot 80 ft
deep at 1401 Flagler Dr, Highland
Pines 6th Add, Blk 39, Lot 5, zoned
RM 8 (multiple family residential).
V 91-61
5. Vision Cable of Pinellas, Inc,
and Florida Power Corp for variances
of (1) 42 in to permit 72 in high
fence in setback area adjacent to a
street right-of-way to which property
is addressed; and (2) 24 in to permit
a 72 in high fence in setback area
adjacent to a street right-of-way to
which property is not addressed at
2530 Drew St. Sec 7-29-16, M&B 44.02
and 41.02. zoned CH (highway
commercial) and P/SP (public/semi-
public). V 91-62
6. John A.S. Fornara, Carmen F
MacDonald, Margaret F Bartholomew,
and Delores F Borkenhagen, as
Trustees, for variances of (1) 6 ft
to permit dock length of 36 ft; and
(2) 2 ft to allow dock to be
p'ositioned 18 ft from a side
(extended) property line at 859 Bay
Esplanade, Mandalay Sub, Blk 40, Lot
5, zoned RS 8 (single family
residential) and AL/C (aquatic
lands/coastal). V 91-63'
DCAB
4. Granted subject to the
following conditions: 1) the
proposed screen room shall be
constructed as per the submitted site
plan and 2) the requisite building
permit shall be obtained within six
(6) months from the date of this
pub lic hearing.
5. Continued to the meeting of
September 26, 1991.
6. Granted subject to the
following conditions: 1) the
requested dock and appurtenances
shall be for the exclusive use of the
property owners; 2) liveaboards shall
be restricted from subject dock use;
3) the variances are for replacement
of the existing dock only I no
additional length or width and 4) the
requisite building permit shall be
obtained within six (6) months from
the date of this public hearing.
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7. Robert W and Loretta M Leclerc
for variances of (1) 18.4% front yard
open space to allow 31.6%; (2) 18 ft
to permit 2 ft building separation:
and (3) 16 ft to permit construction
on a lot 134 ft wide at setback line
at 181 Brightwater Dr, Bayside Sub No
2, Lots 20 and 21, zoned eR 28
(resort commercial). V 91-64
II. Review: IlRules of Procedure
and Policiesll - (continued from
8/22/91)
III. Board and Staff Discussion
IV. Approval of Minutes of July 25,
August 8 - (continued from
8/22/91).
V.
Adjournment
DCAB
7. Granted subject to the
following conditions: 1) prior to
issuance of a building permit, a
Vnity of Title shall be recorded by
the applicant; 2) a landscape plan in
compliance with the land Development
Code requirement shall be submitted
for approval by the Environmental
Management Group prior to the
issuance of a building permit and 3)
the requisite building permit shall
be obtained within six (6) months
from the date of this public hearing.
II. Approved as amended.
,III. Discussed the "Issue/Response
Schedule" dated August 26,
1991.
IV., Approved as submitted.
V.
Adjourned 4:35 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD
September 12, 1991
Members present:
Thomas J. Graham, Chairman
Otto Gans, Vice-Chairman
John W. Homer
Alex Plisko
Emma C. Whitney
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 1:00 p.m. in the Commission
Chambers of City Hall. He outl ioed 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.
Public Hearings
1. Jacquel ine S Latimer for variances (1) of 38 ft lot -depth to
permit construction on a lot 72 ft deep; (2) of 9 ft to permit
second floor additions 16 ft and 23 ft from street rights-of-way;
(3) of 4 ft to permit addition 6 ft from a rear property line; (4)
of 6 ft 8 in to permit second floor addition height of 31 ft 8 iOj
(5) of 20 ft to permit swimming pool 5 ft from a street right-of-
way; (6) of 3 ft to permit 4 ft high wall to be located zero ft from
street right-of-way; and (7) to permit zero landscaping on right-of~
way side of wall at 1050 Bay Esplanade, Mandalay Sub, Blk 68, Lot
13, zoned RS 8 (residential single family). V 91-58
, Planning Manager Scott Shuford explained the application in detail stating this
is an irregularly shaped lot.
1.
Patri ci a Stough, arch itect represent ing the app 1 i cant, stated the app 1 i cant
purchased this property to utilize as a retirement home and still have sufficient
space to accommodate visiting fami ly. The existing structure was originally
built in 1957 prior to FEMA and current zoning requirements. The applicant
wishes to modify the existing house to include new windows, tile floors, wood
cabinets and upscale appliances. The property is located in a flood zone and the
final plan was casted out to exceed the 50 percent rule. The applicant desires
to utilize the existing block walls, abandon the first floor and do the
improvements on the second level. She discussed the difficulty in determining
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the front and side property lines due to the property being a triple frontage
lot. She sa i d the app 1 i cant I s needs and whether bu i1 ding over the exist i ng
foundations would be more economical or raising up the entire building were
considered before generating the proposed footprint. Ms. Stough stated Ms.
Latimer has severe back problems and is undergoing a stringent program of
physical therapy, thus the need for the lap pool. However, the irregular shape
of the lot and street frontages reduce the usable area of the site. She
discussed the variance requests indicating in April of 1957 the City Commission
granted a variance for the front yard setback to be reduced to 15 feet. She said
the garage is 16 feet back from the property line and there are no plans to add
a second story to this structure. Photographs of the existing house were
submitted at this time. There is an existing B-foot concrete block wall and
patio area at the back. The applicant wishes 10-foot high ceilings within the
living area and an 8-foot high ceiling in the loft area. A height bonus is
allowed for being located in a flood zone and she indicated the side yard
setbacks meet code. The appl icant has agreed to el iminate the existing patio and
rear sidewalk which will increase onsite open space. The owners would like to
erect a wall for privacy around the pool which will be within approximately one
foot of the property line and intend to provide landscaping to the sidewalk. The
height variance would apply to only one third of the building.
In response to a question, it was indicated the ground floor would be used for
stair access, storage and a garage and the proposed first floor living area will
have 10 foot ceilings. It was pointed out code requires that landscaping be
provided 3 feet from the property line not from the sidewalk.
One area res i dent, rept'esent i ng three of the ne i ghbors , spoke in oppos it i on
stating the hardship is self imposed and expressed concern that the proposed
structure was not in keeping with the character of Clearwater Beach. He found
the proposed height of the structure to be overpowering and opposed a house of
th i s magn itude.
There was discussion regarding the need to recognize that the beach is undergoing
a change as many of the homes are being renovated, the uses are becoming more
intense while more attractive at the same time, and it was indicated the shape
of the lot hinders renovation of the subject property.
A licensed contractor and building inspector, representing the neighbor directly
to the south of the subject property, spoke in opposition to the application
stating the hardship is self imposed. He said he is familiar with the lot sizes
in the area. He expres sed concern to the proposed he i ght and fe It seven
variances were excess i ve. He submitted photographs of the Latimers I house
depicting its relationship to the neighbor's house to the south. He said there
are very few two story houses in the immediate area. He said FEMA regulations
have presented problems regarding renovations in the City of Clearwater.
It was pointed out that it is becoming necessary to elevate structures to conform
with FEMA requirements.
The contractor felt the City of Clearwater was more stringent than other cities
in the county in the interpretation of the FEMA rules. He said there would be
no objection if the applicant built on the footprint of the existing structure.
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He expressed concern due to the closeness of the buildings, the wall along the
f ., property line obstructing the view, the peak height of the roof, the resale
values of other area properties being affected, possible noise problems due to
the pool being too close, the possibility of screening the pool in the future and
water problems due to the nearness of the wall to the neighbor's roof overhang.
He felt this was overbuilding the site.
Ms. Stough said there are existing two-story homes in the area, the applicant
will stipulate the pool will not be enclosed, the lot is larger than most in the
area, gutters will be installed on the roof, landscaping will be provided to keep
in character with houses along Eldorado.
In response to questions, Ms. Stough indicated the applicant is proposing a 3,030
square foot structure which includes 500 feet of open porch area and following
the existing footprint would not allow for the loft area. She felt the pool
would not be objectionable.
Discussion ensued regarding a proposed ordinance being considered by staff which
will increase the allowable height of a structure to 30 feet from flood plain.
Concern was expressed in regard to the proposed addition being too close to the
house next door blocking the flow of air and light, that locating the pool in
what would be a normal front yard setback being a detriment to the neighbors and
devaluing their' property. Again, it was felt this site was being overbuilt.
There was discussion regarding it not being uncommon for new construction and/or
renovation on Clearwater Beach requiring at least one or more variances.
Based upon the information furnished by the applicant, Mr. Pliska moved to grant
variances #1, #2 and #4 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 not caused by the appl icant and the variances
are the minimum necessary to overcome the hardship created by the lot
configuration subject to the conditions: 1) the elevation of the structure shall
meet the or i 9 i na 1 submi ss i on by the app 1 i cant as part of the or; 9 i na 1 app 1; cat ion
packet: 2) any water problems caused by the addition shall be controlled on the
applicant1s site and 3) the requisite (building, fence) permit shall be obtained
within six 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. Pliska moved to deny
variance #3 as requested because the applicant has not demonstrated all of the
standards for approval have been met as listed in Section 137.012{d) of the Land
Development Code because there is no condition which is unique to the property:
no unnecessary hardship was shown: the hardship was caused by the applicant: the
variance is not the minimum: the granting of the variance would be materially
detrimenta 1 and impair an adequate supply of 1 ight and vent nation to the
property owner to the south: substantially detract from the appearance of the
community and violate the general spirit and intent of this development code as
expressed in Sections 131.005 and 131.006. The motion was duly seconded and
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upon the vote being taken, Ms. Whitney, Messrs. Pliska and Gans and voted "aye";
Messrs Homer and Graham voted Ilnay". Motion carried. Reauest denied.
Based upon the information furnished by the applicant, Mr. Pliska moved to deny
variances # 5, #6, and #7 as requested because the applicant has not demonstrated
all of the standards for approval have been met as listed in Section 137.012(d)
of the Land Development Code because there is no condition which is unique to the
property; no unnecessary hardship was shown; the variances are not the minimum;
the granting of the variances would violate the general spirit and intent of this
development code as expressed in Sections 131.005 and 131.006. The motion was
duly seconded and carried unanimously. Reauest denied.
2. Earl M and Elizabeth L Hoaglin for variance of 6 ft to permit
dock to be positioned 14 ft from a side (extended) property line at
30 Midway Island, Island Estates of Clwr Unit 3, lot 10, zoned RS B
(single family residential) and Al/C (aquatic lands/coastal). V 91-
59
The Planning Manager Shuford explained the application in detail stating the
existing dock is in a state of disrepair and may require total replacement.
Robert Ress, Ress Marine representing the applicant, stated it is not necessary
tn totally replace the dock but substantial repairs are needed, some pilings will
be reme ved and on 1 y a sma 11 percentage of the deck needs replacement. He
indicated this is the minimum variance necessary to adequately moor two vessels
and the adjacent property owners' signatures have been obtained on the county
dock app 1 i cat i on. Photographs of the ex i st i ng dock were presented for the
record.
In response to a question, Mr. Ress indicated the cradle lift on the north side
will accommodate a 26-foot boat, a 46-foot boat will be moored on the opposite
side of the dock and reversing the positions would inhibit access to the
neighbor's dock.
Mr. Ress indicated a great deal of expense and effort were required to repair the
dock previously.
Mr. Shuford viewed the photographs submitted and stated there did not appear to
be extensive deterioration of the dock as had been previously indicated.
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 requisite building permit being obtained within six (6)
months from the date of this public hearing. The motion was duly seconded and
carried unanimously. Request Qranted.
3. 440 West Condominium Assoc, lnc, for variances of (1) 15 ft to
permit swimminQ pool seaward of Coastal Construction Control Line
(CCCl); and (2) 40 ft to permit swimming pool 10 ft from Gulf of
Mexico mean high tide at 450 S Gulfview Blvd, 440 West Condo, zoned
CR 28 (resort commercial). V 91-60
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Planning Manager Shuford explained the application in detail stating the
applicant wishes to expand and remodel an existing swimming pool seaward of the
Coastal Construction Control Line (CCCL).
Gardner Collins, consulting engineer representing the applicant, presented
photographs of the subject pool stating a 2-lap lane, 25 yard pool with a play
area is desired. He indicated the flood board approved reconstruction closer to
the seawall based on the location of the tiebacks.
Concern was expressed regarding the amount of storm surge with seawall ties. Mr.
Collins requested this item be continued to address this concern and indicated
the flood board had approved tie backs within 18 feet seaward of the CCCt.
Mr. Homer moved to continue the request to the meeting of October 10, 1991 to
allow sufficient time for staff to review the application and readvertise, if
necessary. The motion was duly seconded and carried unanimously. Request
continued to October 10, 1991.
4. Patricia A Jones (Bishop) for variances of (1) 8.41 ft to permit
screen room 16.59 ft from a street right-of-way; (2) 758 sq ft to
permit construction on an 8242 sq ft loti (3) 4.1 ft to permit
construction on a lot 105.9 ft wide, and (4) 20 ft to permit
construction on a lot 80 ft deep at 1401 Flagler Dr, Highland Pines
6th Add, Blk 39, Lot 5, zoned RM 8 (multiple family residential).
V 91-61
Planning Manager Shuford explained the application in detail stating the
app 1 i cant wi shes to rebu i 1 d a screen enc 1 0 sure destroyed by a storm on an
existing slab. He indicated the substandard lot is non-conforming. A doorway
on the east side will provide access to the screen room.
Michael Myrick, representing the applicant, stated the request is the minimum to
allow for a functional room, it will not be detrimental to the neighborhood and
the substandard corner lot restricts reasonable use of the property.
In response to questions, Mr. Myrick indicated the house is a duplex, there is
no screen enclosure on the other side of the unit, the existing slab is not new
and the recreational vehicle parked nearby belongs to an adjacent property owner.
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
unique to the property and not caused by the owner or applicant because a storm
demolished the previous screen room and the variances are the minimum necessary
to overcome the hardship created by the lot size subject to the conditions:
1) the proposed screen room shall be constructed as per the submitted site plan
and 2) the requisite building permit shall be obtained within six (6) months from
the date of. this publ ic hearing. The motion was duly seconded and carried
unanimously. Request qranted.
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5. Vi s ion Cable of P ;ne llas, Inc, and Florida Power Corp for
variances of (I) 42 in to permit 72 in high fence in setback area
adjacent to a street right-of-way to which property is addressed;
and (2) 24 in to permit a 72 in high fence in setback area adjacent
to a street right-of..way to which property is not addressed at 2530
Drew St, Sec 7-29-16, M&B 44.02 and 41.02, zoned CH (highway
commercial) and P/SP (public/semi-public). V 91-62
Mr. Gans moved to continue this item to the meeting of September 26, 1991. The
mot;on was duly seconded and carried unanimously. Request Qranted.
6. John A.S. Fornara, Carmen F MacDonald, Margaret F Bartholomew,
and Oelores F Borkenhagen, as Trustees, for variances of (1) 6 ft to
permit dock length of 36 ft: and (2) 2 ft to allow dock to be
positioned 18 ft from a side (extended) property line at 859 Bay
Esplanade, Mandalay Sub, Blk 40, Lot 5, zoned RS 8 (single family
residential) and AL/C (aquatic lands/coastal). V.91-63
Planning Manager Shuford explained the application in detail stating the
app 1i cant wi shes to l~ep 1 ace a pri vate ly owned recreat i ona 1 dock in the same
location as an existing dilapidated concrete dock. He said the City's
Harbormaster sees no navigational hazards. Concerns had been expressed by some
of the neighbors regarding police calls and Mr. Shuford submitted a police report
showing no charges had been filed.
Richard Newman, representing the applicant, stated the existing dock is a hazard
due to deteriorating concrete in the dock and supporting columns and the owners
wish to rebuild it.
fn response to a question, Mr. Newman indicated extra dock length is necessary
to launch his boat at mean low water.
Two letters in opposition were submitted for the record.
Discussion ensued regarding there being sufficient water depth at this location
since larger boats are frequently moored in the area and the existing dock not
being deteriorated to the point of requiring complete demolition.
In response to questions, Mr. Newman indicated not all pilings are being
replaced, there is no plan to increase the dock size, only to repair what is
already there, the property is in trust and is presently being rented.
It was restated, for the record, the owner wishes to merely replace the existing
facilities with no additional size and no extensions.
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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 are the minimum necessary to
overcome the hardship created by the change in the Code from what was allowed to
be built as the original dock and what the current code requires subject to the
following conditions: 1) the requested dock and appurtenances shall be for the
~ii. ...
exclusive use of the property owners: 2) liveaboards shall be restricted from
subject dock use; 3) the variances are for replacement of the existing dock only,
not for addition in length or width and 4) 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. Robert Wand Loretta M Leclerc for variances of (1) 18.4% front
yard open space to allow 31.6%: (2) 18 ft to permit 2 ft building
separation: and (3) 16 ft to permit construction on a lot 134 ft
wide at setback line at 181 Brightwater Dr, Bayside Sub No 2, Lots
20 and 21, zoned CR 28 (resort commercial). V 91-64
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.
Mr. Shuford explained the application in detail stating the variances are to
allow the new construction of a motel/hotel building to combine with an existing
five-unit motel.
Robert Resch Ill, architect representing the applicant, referring to the site
plan explained the application stating this is the most reasonable location for
the new construction due to the previous building patterns and lot width. A
Unity of Title combining the two properties is proposed to be recorded. He
indicated the owner is proposing to provide a sidewalk and a 24-foot wide
driveway. He said there is adequate parking for six units.
Discussion ensued regarding the dumpster area and it was indicated the owners are
interested in providing a less visible screening. It was noted any screening
over 30 inches in height would require a variance. It was felt a roll-out
dumpster could be an option if approved by the City Sanitation Department.
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 are the minimum necessary to
overcome the hardship created by the lot configuration and the location of the
existing building and pool subject to the conditions: 1) prior to issuance of
a building permit, a Unity of Title shall be recorded by the
applicant; 2) a landscape plan in compliance with the Land Development Code
requirement shall be submitted for approval by the Environmental Management Group
prior to the issuance of a building permit and 3) 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, Plisko and 'Gans voted uayeu: Mr. Graham abstained. Motion carried.
ReQuest Qranted.
II. "Rules of Procedure and Policies" - (continued from B122/g1)
The Board reviewed this item and it was recommended on page 2, fourth
paragraph, the words lIeither,u IIcertified,lI and Uor a scaled drawing" be deleted;
on page 4, paragraph two ua $25 feeu be changed to lIan applicable fee."
Nr. Homer moved to approve the uRu 1 es of Procedure and Po 1 i c i es II of the
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Development Code Adjustment Board as amended. The motion was duly seconded and
f'" '\ carried unanimously. Approved as amended.
III. Board and Staff Discussion
The Board discussed the ulssue/Response Schedulelt dated August 26, 1991.' "'P,
Staff was requested to investigate public parking in rights-of-way, parking
spaces being rented for profit on the weekends at the Pelican Restaurant and the
DP Gas Station change in use without reconfiguring parking requirements.
Concern was expressed regarding locations of dumpsters in Clearwater and
the negative visual impact these create. Staff was requested to prepare a memo
to be sent to the City's Sanitation Department with a copy to the City Commission
express i ng the Board's concern. Mr. Shuford i nd i cated a code rev is i on is
forthcoming in this regard.
There was also concern expressed regarding roof heights and use of roof
area. It was felt the code was not clear in this regard. A recommendation was
made by staff that site plans accompany building plans.
Staff vias requested to address dock lengths and it was indicated an
ordinance is being proposed.
Concerns were expressed regarding boats and RVs being parked in front yards
on Clearwater Beach.
IV. Approval of Minutes for the Meetings of July 25, 1991, and August 8, 1991
- this item had been continued from B/22/91 as the Board did not review.
Mr. Gans moved to approve the minutes of July 25, 1991, and August 8, 1991
in accordance with copies submitted to each board member in writing. The motion
was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Gans and
Graham voted t1aye" j Messrs. Homer and Pl isko abstained. Motion carried.
Approved as submitted.
Messrs. Homer and Pliska abstained from voting as they had not read the
minutes.
V. Adjournment
The meeting adjourned at 4:45 p.m.
ATTEST:
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FORM 88 MEMORANDUM OF, VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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TIlE 1I0AIl . COUNCIJ~ COMMISSION. I\U IOIlITY OR COMMI',EE ON
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NAME OF l'OI.ITICI\I. SUUDIVISION:
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MY I'OSITION IS:
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C El.EC"TIVE
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WHO MUST FILE FORM 8B
This form is for IIse by any person serving aIthe county, city. or other locullevel of government on an appointed or elected board.
council, commission, authority, or committee. It applies equally to members of advisory and non.advisory bodies who 'are presented
with a voting connicl of imeresl under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a mt:asure in which you have a !=onOict of interest will vary greatly depending
on whelher you hold an elective or appointive poshion. For this reason. plcase pay close attcntion to the instructions on this form
before completing the reverse side and filing Ihe form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
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ELECTED OFFICERS:
A person holding eleclive county. municipal. or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibj(cd from knowingly \'oting an a measure which inures to the special
gain of a principal (other than a govcrnmem agencr) by whom he is retained.
In either case, you should disclose Ihe connict:
PRIOR TO THE VOTE BEiNG TAKEN by publicly Slating to the assembly the nature of your interest in the measure on
which you are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE. OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minu\l:S.
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APPOINTED OFFICERS:
A person holding appointive cOUnty, municipal, or other local public office MUST ABSTAI'N from vOling on a measure which
inures to his special privale gain, Each local officer alsb is prohibited from knowingly voling on a measure which inures to the
special gain of a principal (other Ihan a government agency) by whom he is retained.
A person holding an appointive local office otherwise ma~' participate in a maller in which he has a conflict of interest. bUI must
disclose the nature of the connict before making any atlemptto influence the decision by oral or writlen communication, whether
made by the officer or al his direction,
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IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT \VHICH
THE VOTE WILL BE TAKEN:
· You should complele and file this form (before making any allempl 10 influence the decision) wilh the person responsible for
recording the minules of the meelin!;, who will incorporale the form in the minutes.
· A COP)' of the form should be provided immedi:llcly to the other members or the agency.
· The form should be read publicl)' :ll the: meeling prior 10 consideration of Ihe: mailer in which you have :I conflict of imeresl.
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IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conniel in the measure before participating.
· You should complete the form and file it within 15 days aCler the vote occurs with the person responsible for recording the minu(~" -',
of the meeting, who should incorporate the forJ.Tl in the minutes.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
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, hereby disclose that on
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(a) A measure came or will come before my agency which (check one)
_iL{;ured 10 my special private gain: or
_ inured 10 the special gain of
, by whom I am retained.
(b) The me:.tsurc.: before: my 3gency and the nature of my interest in [he meaSure is as follows:
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Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~JJ2.317 (1985), A FAILURE TO MAKE ANY REQUIRE.... "
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE 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,ooo.
C'E FORM KB. I~I
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