10/24/1991 (2)
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DCAB
DEVELOPMENT CODE ADJUSTMENT BOARD
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MEETING AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, October 24, 1991 - 3:00 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.
Public Hearings
Item A - (continued from 10/10/91)
Betsy K and Rayford Hixon, Jr, for
vari ances of (1) 2.5 ft to permi t
construction on a 67.5 ft wide corner
lot; (2) 13 ft to permit additions 12
ft from Bay Esplanade Dr right-of-
way; (3) 24 ft to permit garage
addition 1 ft from Verbena St right-
of-way; and (4) 3 ft to permit
addition 2 ft from a (north) side
property line at 821 Bay Esplanade,
Mandalay Sub, Blk 39, Lot 1, zoned RS
8 (single family residential). V 91-
70
1. Ray Wand Geri M Traut lein for
variances of (1) 13 ft to permit a
second floor deck addition 12 ft from
Clearwater Harbor; (2) 16.1 ft to
permit deck addition 18.5 ft from a
side property line; and (3) 16.1 ft
to permit encroachment of deck into
required clear space at 673 Bay
Esplanade, Unit 210, Five Palms Motel
Condo, zoned CR 24 (resort
commercial). V 91-71
DCAB
I.
Public Hearings
Item A - Continued to November 14,
1991.
1. Granted variance #1 as
requested.
Granted variance #2 for 14.1 ft
to permit deck addition 16.1 ft from
a side property line
Granted Variance #3 for 14.1 ft
to permit encroachment of deck into
required clear space.
These variances are subject to
the condition the requisite building
permit shall be obtained within six
(6) months from the date of this
public hearing.
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2; Michele R James for variance of
one parking space to permit zero
additional parking for office use at
664 M~ndalay Avenue, Clearwater Beach
Revised, Blk 2, part of Lot 10, zoned
CB (beach commercial). V 91-12
II. Board and Staff Discussion
III. Approval of Minutes of
October 10, 1991
IV. Adjournment
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2. Granted subject to the
conditions: 1) this variance shall
remain in effect only while the unit
is used as a professional office; 2)
the requisite occupational 'license
shall be obtained within one (1) year
from the date of this public hearing
and 3) the requisite building permit
shall be obtained within .six (6)
months from the date of this public
hearing.
II. Discussion of the
Issue/Response Schedule dated
10/24/91.
III. Approved as submitted.
IV. Adjourned at 4:40 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD
October 24, 1991
Members present:
Thomas J. Graham, Chairman
Otto Gans, Vice-Chairman
John W. Homer
Alex Plisko
Emma C. Whitney
Also present:
Miles Lance, Assistant City Attorney
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 3:00 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, the items will be listed in agenda order although
not necessarily discussed in that order.
I. Public Hearings
Item A - (continued from 10/10/91) Betsy K and Rayford Hixon, Jr,
for variances of (1) 2.5 ft to permit construction on a 67.5 ft wide
corner lot; (2) 13 ft to permit additions 12 ft from Bay Esplanade
Or right-of-way; (3) 24 ft to permit garage addition 1 ft from
Verbena St right-of-way; and (4) 3 ft to permit addition 2 ft from
a (north) side property line at 821 Bay Esplanade, Mandalay Sub, Blk
39, Lot 1, zoned RS 8 (single family residential). V 91-70
A letter was received from the applicant requesting a continuance to the next
Development Code Adjustment Board meeting of November 14, 1991 in order to
provide additional information to the Board.
Ms. Whitney moved to continue this request to the meeting of November 14, 1991.
The motion was duly seconded and carried unanimously. Request continued to
November 14, 1991.
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1. Ray Wand Geri M Trautlein for variances of (1) 13 ft to permit
a second floor deck addition 12 ft from Clearwater Harbor; (2) 16.1
ft to permit deck addition 18.5 ft from a side property line; and
(3) 16.1 ft to permit encroachment of deck into required clear space
at 673 Bay Esplanade, Unit 210, Five Palms Motel Condo, zoned CR 24
(resurt commercial). V 91-71
Planning Manager Shuford explained the application in detail stating the
applicant wishes to construct a second floor deck addition to a condominium unit.
He stated previous variances for a deck on the east side of the property were
denied on March 9, 1989 and he submitted copies to the Board of the minutes and
the site plan from that meeting. Staff is recommending the deck be reduced to
an 8 foot wide deck.
In response to questions, Mr. Shuford said the deck will not lap around the
corner of the building, will not extend further out than the patios on the ground
level and will be located on the south wall of the condominium unit.
Leonard Rocheleau, representing the applicant, stated they would be willing to
reduce the width of the deck to 8 feet and the request for a wider deck would
allow for a footer and the posts to be located on the outside of the proposed
deck as there is an existing deck down below. '
In response to questions, Mr. Rocheleau indicated there is no intent to extend
the proposed deck eastward toward the water, the subject property was purchased
in Apri 1 1990 and approval was received from the flood board to locate the
tiebacks 12 feet from the seawall.
Ray W. Trautlein, owner and applicant, stated he knew variances were previously
denied, but prospective tenants found the property more desirable with a deck.
Discussion ensued regarding the request being minimal and the proposed structure
not impacting the view as it would be an open deck. It was noted the other units
in the development all have decks.
There was some concern expressed that the deck was for financial gain.
Based upon the information furnished by the applicant, Mr. Pliskp moved to grant
variance #1 as requested, #2 - a variance of 14.1 ft to permit a deck addition
16.1 feet from a side property line and #3 ~ a variance of 14.1 feet to permit
encroachment of deck into the required open clear space because the applicant has
substantially met all of the standards for approval as 1 isted 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
applicant since the building was developed before the current land code and has
been grandfathered into the current code; the variances are the minimum necessary
to overcome the hardship created by the lack of this unit having a deck compared
to the other units having decks. These variances are subject to the condition
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
be i ng taken, Ms. Wh itney, Messrs. Homer I P 1 i sko r and Graham voted II aye II ;
~1r. Gans voted "nay". Motion carried. Request Qranted.
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2. Michele R James for variance of one parking space to permit zero
'additional parking for office use at 664 Mandalay Avenue, Clearwater
Beach Revised, B1k 2, part of Lot 10, zoned CB (beach commercial).
V 91-72
Planning Manager Shuford explained the application in detail stating the
applicant wishes to convert the first floor of an existing two-story residential
duplex to professional office use while continuing to use the second floor as a
rental dwelling unit. He stated the subject property was grandfathered with no
on-site parking spaces for the current use and it is not possible to provide
adequate on-site parking due to the small lot size.
In response to questions, Mr. Shuford indicated this request is strictly for a
change in use and does not involve adding any floor area and the top half of the
structure would remain residential.
The City IS Traff i c Eng i neeri ng Department commented, n If the change of use
required a number of parking spaces, these spaces should be in accord with the
code. Otherwise, the variance should be for all of the required spaces.n
John Doran, attorney representing the owner and applicant, indicated he wishes
to lease the ground floor of the duplex for use as a professional office which
is a permitted use under the current zoning and will be compatible with the area.
He said he has maintained a business next door to the subject property for eight
years and he felt having residential tenants in a professional area occasionally
poses problems. Mr. Doran stated due to the extremely small lot size there is
no room for anyon-site parking and no other off-street parking is available.
In response to questions, Mr. Doran indicated parking during the week is
generally not a problem as there are a few available spaces in the area. He
stated as an attorney and a certified public accountant with two employees, he
would like a larger office in the vicinity for the convenience of his clients in
the neighborhood. Mr. Doran said the upstairs unit will remain residential.
Three letters were submitted in support of the application.
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 a condition which is
unique to the property and not caused by the applicant and the variance is the
minimum necessary to overcome the hardship created by the lot size subject to the
conditions: 1) this variance shall remain in effect only while the unit is used
as a professional office; 2) the requisite occupational license shall be obtained
within one (1) year from the date of this public hearing 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 carried unanimously. Reauest
granted.
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10/24/91
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~~ II. Board and Staff Discussion
The Issue/Response Schedule was discussed. Staff was requested to investigate
other possible code violations.
Discussion ensued in regard to the variance application fee. Staff was requested
to do a fee comparison study to see what other municipalities are charging.
Consensus of the Board was to send a memo to the City Commission expressing their
concern that the variance application fee is too high and to include the fee
comparison study when completed. There was some discussion regarding lowering
fees for minor requests.
Discussion ensued regarding the stormwater utility fee and concern was expressed
as to how the money is be i ng spent. Mr. Shuford sa i d he wou 1 d ask the
Environmenta 1 Manager to make a presentation to the Board at one of their
upcoming meetings.
There was discussion in regard to the Cityts sign code and having it more
consistent with the County's.
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III. Approval of Minutes of October 10. 1991
Mr. Homer moved to approve the minutes of October 10. 1991 in accordance with
copies submitted to each board member in writing. The motion was duly seconded
and upon the vote being taken. Messrs. Homer, Plisko. Gans and Graham voted
"aye"; Ms. Whitney abstained. Motion carried. Approved as submitted.
IV. Adjournment
The meeting was adjourned at 4:40 p.m.
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