01/23/1992 (2)
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DCAB
DEVELOPMENT CODE ADJUSTMENT BOARD
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DEVELOPMENT CODE ADJUSTMENT BOARD
January 23, 1992
Members present:
Thomas J. Graham, Chairman
John W. Homer
Alex P1isko
Emma C. Whitney
Absent:
Otto P. Gans, Vice~Chairman (excused)
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 1:07 p.m. in the Commission
Chambers of City Ha 11. He ou t 1 i ned the' procedures and adv i sed 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
1. Andrew 0 and Patricia K Rackstein for a variance to permit a
three ft high chain-link fence in setback area adjoining waterfront
at 167 Bayside Dr, Bayside Sub No 4, Lot 14, zoned RS 8 (single
family residential). V 92-06
Planning Manager Shuford explained the application in detail stating the
applicant wishes to construct a three-foot-high chain link fence in a setback
area adjoining a waterfront to secure the property for his dog.
.. Andrew Rackstein, owner and applicant, stated the proposed fence will match an
existing fence on the west side of the subject property which extends from the
house to the seawall. The fence is needed to contain his Labrador retriever.
In response to questions, Mr. Rackstein indicated he feels the three~foot height
will be sufficient for his purposes and the adjacent property owners to the east
have indicated support of the application.
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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 Oevelopment
Code subject to the following conditions: 1) the fence shall be only three feet
high, shall be of chain link construction, and 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.
2. James A Jr and Sherral A Martin for variances of (1) 2.95 ft to
permit dock width of 25 ftj and (2) 2.5 ft to permit boathouse 17.5
ft from an extended side property line at 145 Devon Dr, Bayside Sub,
Lot 43 and land to bulkhead, zoned RS 8 (single family residential)
and AL/C (aquatic lands/coastal). V 92-07
Planning Manager Shuford explained the application in detail stating the
applicant wishes to construct a boathouse on an existing non-conforming dock
which was constructed prior to the current Code. He indicated there is no
objection from the City Harbormaster.
Assistant City Attorney Lance arrived at 1:15 p.m,
Thomas Nash, attorney represent; ng the app 1; cant, i nd i cated the reques tis rni nor,
the boathouse will maintain the integrity of the neighborhood and a hardship
exists due to the placement of the dock.
Concerns were expressed regarding whether or not the adjacent property owners
signed the county dock permit indicating approval of the application. Mr. Nash
said confirmation has not been received from the estate owning the property to
the east and indicated the property owners to the west have no objections.
Robert S. Ress, representing the applicant, said the boathouse will have a roof
and no sides, as county regulations prohibit structures of this nature to be
enclosed.
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 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. Ultimar Development Corp/USX Corp for a variance of 5 ft to
permit construction of stairs seaward of Coastal Construction
Control Line (C.C,C.L.) at 1520 Gulf Blvd, Sec 19~29-15, part of M&B
43.02, zoned B (business). V 92-08
Mr. Graham declared a confl ict of interest with regard to this case and Mr.
Pliska assumed the chdir in the absence of the Vice-Chairman. The applicant was
advised he required the approval of all three voting members for approval of his
request.
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Planning Manager Shuford explained the application in detail stating the
applicant wishes to construct wooden stairs seaward of the Coastal Construction
Control Line (CeCL) to permit public and private beach access. He indicated the
app 1 i cat i on will requ ire State approva 1 resu It i ng in add it i ona 1 time be i ng needed
to obtain the necessary permits,
In response to a question regarding whether or not the stairs could be built of
concrete, it was indicated there is difficulty getting such an appl ication
through the State permitting process as concrete is considered to be shore
hardening.
Steve Seibert, attorney representing the applicant, stated the Department of
Natural Resources (DNR) permit has been obtained to install beach access stairs.
In response to questions, Mr, Seibert indicated the appropriate codes relating
to handicapped standards will be met and the stairs will not have open risers.
Based upon the information furnished by the applicant, Ms. Whitney moved to grant
the variance as, requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012(d) of the Land Development
Code more specifically because, the variances arise from a condition which is
unique to the property and not caused by the applicant; and the variances are the
minimum necessary to overcome the hardship created by making access to the beach
at mean high water possible subject to the conditions: I) all necessary permits
and variances shall be obtained by the applicant from other applicable State and
City review agencies and boards and 2) the requisite building permit shall be
obtained within twelve (12) months from the date of this public hearing. The
motion was duly seconded and upon the vote being taken, Ms. Whitney and Messrs.
Homer and Pliska voted "aye"; Mr, Graham abstained. Motion carried. Request
qranted.
The meeting recessed from 1:34 p.m. to 1:52 p.m.
II. Stormwater Presentation by Tom Miller
Public Works/Environmental Assistant Director Tom Miller presented an overview
of the activities of the Environmental Management Group relating to stormwater
management and the associated fees. He indicated this is a comprehensive issue
which can be addressed in greater detail at a future meeting and distributed
handouts prepared by Budget Analyst Tina Wilson outlining the revenues and
expenditures to date relating to the stornfl'./ater utility fee,
Mr. Miller summarized the watershed program and the primary benefits of better
resource management; pollution control, public edification, aesthetics, improved
water quality, identifying flood hazards and reducing flood insurance costs.
Discussion ensued regarding the stormwater utility fee and the funding sources
for stormwater management projects.
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Concern was expressed that information presented at the January 10, 1991
stormwater utility fee presentation regarding the funding sources for stormwater
projects once the, fee is implemented may have been inaccurate. A question was
raised as to whether the utility fee would support the entire storlTMater
operation or if money would continue to be received from ad valorem taxes to help
fund stormwater projects as in the past. Staff was requested to provide a
transcript from the January meeting.
Mr. Miller said the stormwater utility fee is an attempt to equitably distribute
expenses regarding water quality projects to ensure that everyone pays a fair
share and to re 1 i eve the burden on the genera 1 fund. He; nd i cated some
stormwater projects are funded through various funds outs ide the ut i 1 ity fee such
as the Transportation Fund.
A question was raised whether the monies collected from the stormwater utility
fee are applied to the district from which they are collected.
Mr. Miller said a plan would be developed for each individual basin. Concern has
been expressed regarding how the county is dealing with enclaves. Mr. Miller
said the State of Florida is in the process of analyzing county and municipal
ordinances relating to water quality management.
Mr. ,Miller said each developer's operation needs to be looked at before a
solution can be determined. He said an audit would be done to track where the
monies from the stormwater utility fee are going. Staff was requested to provide
a copy of the audit when available.
(:~.:,,',: Discuss ion ensued regard i n9 the C; ty' s street sweep i ng po 1 icy, retent; on pond
pollution and better methods of storm drain maintenance.
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Mr. Miller said staff is looking to develop an environmental circular.
III. Election of Chairman and Vice-Chairman
Mr. Homer nominated Mr. Pliska as Chairman. The motion was duly seconded and
carried unanimously. Mr. Plisk9. was elected Chairman.
Mr. Homer nominated Mr. Graham as Vice Chairman. Mr. Graham declined the
nomination.
Mr. Graham nominated Ms. Whitney as Vice-Chairman, The motion was duly seconded
and carried unanimously. Ms. Whitney was elected Vice-Chairman.
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IV. Board and Staff Discussion
Assistant City Attorney Lance reported a State Hearing Officer overturned the
Board's August, 1991 decision to grant setback variances for a triplex to Don
Curtis Pierson, Mr. Lance indicated the order could settle a long-standing
dispute between Mr. Pierson and his neighbor.
Mr. Homer departed at 2:45 p.m.,
Discussion ensued regarding concerns that variance fees be in keeping with the
type of variance being requested. Various criteria were suggested for use in
setting fees.
V. Adjournment
The meeting was adjourned at 2:51 p.m.
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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NAME OF IIOARlJ, COUNCil. COMMlssro~, AUlIIOIlITY. OR COMMITrEf.
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NAME OF l'OUlICAI. SUUl)IVISION:
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MY 1'0SITlO~ IS:
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WHO MUST FILE FORM 88
This form is for use by any person sen'ing at the county, city, or other local level of government 011 an nppointed or elected board,
council, commission, authority, or committce, It applies equally to members of advisory and non-advisory bodies who arc presented
with a voting connict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whclher you hold an electivc or appoil1live position. For this reason, please pay close attcntion to the instructions 011 this form
before completing the reverse side and filing the form,
--
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
A person holding elt:ctive or appointive county, municipal, or other IOCol1 public officc MUST AUSTAIN from vOling on a measure
which inures to his special private gain, Each eh:clcd or appointed local officer also is prohibited from knowingly voting on a measure
which inures \0 the special gain of II principal (other than a government agency) by whom he is retained (including the pllrent
organi7.ation or subsidiary of a corporate principal by which he is retained); to the special private gain of a relativc: or [0 Ihe special
privatc gain of a business associate, Commissioners of community redevelopment agencies under Sec, 163.356 or 163.357, F,S., and
officers of independent special tax districts elected on a onc-ncre, one-votc basis arc nOl prohibited from voting in lhat cilpacily.
For purposes of lhis law, a "relative" includes only the officer's rathcr, mother. son. dnughter, husband, wife, father-in-law. mother-in-
law. son-in-Ia\\', and dllughter-in-raw. A "busincss associatc" meullS any person or entity engaged in or e;lrrying on ;\ business
enlerprise with the officer 115 a partner, joim venturer, coowner of propert)'. or corporale shareholdcr (where Ihe shares 'of the
corporalion Me not listcd on any national or regional slock exchange), '
ELECTED OFFICERS:
In addition 10 abstaining from voting in 111(: silualions descrih~d uho\e. you must dbduse the connie!:
PRIOR TO TItE VOTE BEING TAKEr-: by publicly slating to the ;lssembly the nalure of your interest in the mea'iure on
which )'ou arc ahsl.lining front voting: alld
WIHUt'\ 15 DAYS AFTER THE VOTE OCCURS by compkting. and liling thi!. form with the persoll rcsponsibh.: for
recording the minutes of the meeting, who should incorpomte the form ill llw minutes,
APPOINTED OFFICEnS:
Although you must ah~l"in from vOling in lhe situ,llions describeLl nbo\'C, you otherwise may participate in these matters, IIcmcvcr,
you must disclose the nature of the connicl heforc making UlIY attempl to inlluence the decbion. whether orally or in writing and
whether made by you or at your direction,
IF YOU INTEND TO MAKE ANY A1TEMPT TO INFLUENCE TilE DECISION PRIOI~ TO TIlE MEETING AT Wlllell
TilE VOTE W1.L BE TAKEN:
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. You must complete ;Illd liIe this form (beforc making all)' allelllpt to innuellcc the decision)
recording the minutes of the mecling, who will incorporate the form in the mil1lJles,
. r\ copy of the fmm must he rr~)\'ided immediatcl>' to the other members of the lIgeney,
. The form lIIUsl he read publicly al Ihe /le:\t meetin~ Hfler the form is filed,
with the persun respo/lsible for
cr H>lH.1 ~u . lIl.lJI
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IF YOU MAKE NO AlTEMPT TO INFLUENCE THE DECJSION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your connict in the measure before participating.
· You must complete the form and file it within 15 days after the \'ote occUrs Wilh l,he person responsible for recording the minUl'lf~l
lhe meeting. who must incorpomte the form in the minutes. A copy of the form must be pro\'ided immediate]y to the ~t .
members of the agency. and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICERiS INTEREST
I. -(hdlP7~' S' ~). 0J1:'1'A.;, /~ . hereby disclose thut on /- 0/
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(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain;
_ inured to the special gain of my business associate.
_ inured to the special gain of my relative, .
0nured to the special gain of h"~..; J./v J f /A/f,~7 //]
whom I am retained; or
_ inured to the special gain of
is the parent organi711tion or subsidiary of a principal which h..s retained me.
(b) The measure before my agency and the nature of my eonnicting interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORJl)A STATUTES ~112,317 (1991). A FAILURE TO MAKE ANY REQl;:>-,Y
DISCLOSURE CONSTITUTES GROUNDS FOR AND f\IA Y BE PUNISHED BY ONE OR MORE OF TIlE FOLLO\\'.. ...i:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPl.OYMENT, DEMOTION. I~EDUCTlON IN
SALAH Y. RJ;PRIf\IAND. Ol~ A CIVIL PENALTY 1'\OT TO EXCEED S5.000,
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, January 23, 1992 - 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.
Public Hearings
1. Andrew 0 and Patricia K Rackstein
for a variance to permit a three ft
high chain-link fence in setback area
adjoining waterfront at 167 Bayside
Dr, Bayside Sub No 4, Lot 14, zoned
RS 8 (single family residential).
V 92-06
2. James A Jr and Sherra 1 A Mart in
for variances of (1) 2.95 ft to
permit dock width of 25 ftj and (2)
2.5 ft to permit boathouse 17.5 ft
from an extended side property line
at 145 Devon Dr, Bayside Sub, Lot 43
and land to bulkhead, zoned RS 8
(single family residential) and AL/C
(aquatic lands/coastal). V 92-07
3. Ultimar Development Corp/USX Corp
for a variance of 5 ft to permit
construction of stairs seaward of
Coastal Construction Control Line
(C.e.C.L.) at 1520 Gulf Blvd, See 19-
29-15, part of M&B 43.02, zoned B
(business). V 92-08
II. Stormwater Presentation
by Tom Miller
III.
Election of Chairman and
Vice-Chairman
IV. Board and Staff Discussion
V.
Adjournment
DCAB
I. Public Hearings
1. Granted as requested subject to
the fo 11 owi ng cond it ions: 1) the
fence sha 11 be on ly 3 feet high I
shall be of chain link construction,
and 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
2. Granted as requested subject to
the requisite building permit being
obtained within six (6) months from
the date of this public hearing
3. Granted as requested subject to
the conditions: 1) that handicapped
access shall meet ADA standards; 2)
all necessary permits and variances
sha 11 be obta i ned by the app 1 i cant
from other applicable State and City
review agencies and boards and 3) the
requisite building permit shall be
obtained within twelve (12) months
from the date of this public hearing
II.
III. Elected:
Pliska; Vice
Whitney
IV.
Chairman, Mr. Alex
Chairman, Ms. Emma
V.
Adjourned at 2:53 p.m.
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01/23/92