03/26/1992 (2)
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DCAB
DEVELOPMENT CODE ADJUSTMENT BOARD
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DEVELOPMENT CODE ADJUSTMENT BOARD
March 26, 1992
Members present:
Emma C. Whitney, Vice-Chairman
Otto Gans
John W. Homer
Absent:
Alex Pliska, Chairman (excused)
Thomas J. Graham (excused)
Also present:
Scott Shuford, Planning Manager
Mary K. (Sue) Diana, Assistant City Clerk
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Vice-Chairman at 1:00 p.m. in the
Commission Chambers of City Hall. She 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. She
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.
Due to only three members being present, Vice-Chairman Whitney informed the
applicants that the three members present must vote in favor of a request for it
to be approved and that they have the choice of asking for a postponement to the
next regularly scheduled meeting or proceeding with the request.
I. Time Extensions
1. (2nd request for extension) Robert E Ma lke (Rose Garden
Restaurant) for a variance of 14 seats to permit 2-COP 1 icensed
establishment with 36 indoor seats at 348 and 34B~ Coronado Or,
Lloyd-White-Skinner Sub, Lots 118-119, zoned CR-28 (resort
commercial). V 91-17
The applicant was not in attendance and it was indicated he could not be reached
and may not have known his request was scheduled for today. Planning Manager
Scott Shuford stated an extension for a conditional use relating to this
application is scheduled to be heard on April 14, 1992. Discussion ensued in
regard to continuing the time extension request to April 9, 1992 so that the
applicant can be notified that hi5 attendance is required.
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Mr. Homer moved to continue this request to the next meeting to allow sufficient
time to notify the applicant. The motion was duly seconded and carried
unanimously. Request continued to April 9. 1992.
I I. Pub 1 i c Heari ngs
1. Robert B and Shirley I Coleman for a variance of 9.5 ft to
permit dock length of 75 ft to allow boat lift addition at 188 Devon
Dr, Bayside Sub, Lot 27 and part of Lots 26 and 28, zoned RS 8
(single family residential) and Al/C (aquatic lands/coastal). V 92-
17
Planning Manager Shuford explained the application in detail stating the
applicant wishes to locate a low profile cradle lift at the end of an existing
dock, causing it to extend out further than allowed by Code. He stated there are
existing docks in the area that are equal or greater in length than the proposed
dock.
Richard Baden, Gulfside Docks Corporation, contractor representing the applicant,
stated the end of the dock is the only logical location for the proposed lift and
the tie poles at the end of the dock will be removed.
Discussion ensued with regard to placing the cradle lift along the west side of
the existing dock creating an access problem in boarding the applicantts pontoon
boat. It was also indicated the adjacent property owners objected to having the
cradle lift on either side of the dock; however, supported a low profile lift at
the end of the dock.
Mr. Baden indicated the proposed lift would eliminate the existing tie poles and
would be an aesthetic improvement.
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 conditions: 1) no tie poles shall extend seaward from the
proposed cradle lift 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.
A question was raised regarding whether or not height and setback requirements
were met for an existing deck and gazebo on the west side of the subject
property. Staff will investigate whether or not permits were pulled.
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. 2. Jugal B and Manna J Shah (Sea Star Beach Resort) for variances
of (1) 8 ft 4 in to permit 2nd floor addition 6 ft 8 in from a
street right-of-way; and (2) 10.14 ft to permit 2nd floor addition
4.86 ft from a rear property line at 326 Harnden Dr, Columbia Sub No
3, Lots 3, 3a, 4, 4a, and part of Lots 2 and 2a, zoned CR 28 (resort
commercial). V 92-18
Planning Manager Shuford explained the application in detail stating the
applicant wishes to legitimize an existing second floor addition for which a
building permit was issued in error. He stated the error was discovered when the
applicant requested a variance to permit a railing and support st~uctures for the
second floor balcony. Mr. Shuford distributed a floor plan to the board.
In response to a question, it was stated there is no deck beneath the existing
overhang.
Harland Heshelow, contractor representing the applicant, stated the second floor
addition is above and in line with the first floor footprint and the building
consists of 11 rental units plus one residential unit. He stated, for aesthetics
and access, he wishes to install support posts and pour a concrete pad at the
front of the building where paving blocks and a planter currently exist. He said
nothing would be altered on the first floor.
A question was raised regarding the number of rental units with it being
indicated there are 11 units in the subject structure and 21 or 22 units in the
entire complex. Concern was expressed regarding the potential for conversion of
the new floor area into additional units as the development of the property was
near the maximum density allowed. It was indicated the owner does not presently
live on the property but wishes to move back into the residential unit.
Questions were raised regarding square footage of the structures in the complex
before and after the addition was constructed.
Mr. Heshelow requested a continuance to the next meeting in order to obtain more
information and address concerns regarding the application.
A question was raised with regard to support posts encroaching onto City
property. It was indicated five posts were permitted as part of the original
application. Three additional posts are now being requested for the front deck
which was not part of the original application.
Discussion ensued in regard to the original application and the need to review
the plans before a decision could be made.
Mr. Homer moved to cont i nue th i s i tern to the meet i ng of Apr i 1 9, 1992. The
motion was duly seconded and upon the vote being taken, Messrs. Homer and Gans
voted II aye II ; Ms. Whitney voted IInayll. Motion carried. Request continued to
April 9. 1992.
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3. Morton F Plant Hospital Assoc Ine for a variance of 35 ft to
permit canopy to extend to a street (Jeffords St) riQht~of-way at
323 Jeffords st, Sec 21-29~15, M&B 12.15, zoned P/SP (public/semi-
public). V 92-19
Planning Manager Shuford explained the application in detail stating the
applicant wishes to construct a canopy covering the Jeffords Street entrance to
Morton Plant Hospital for those exiting and entering the day surgery area. He
stated the proposed canopy will extend 37 feet to the street right~of-way. He
noted the City Traffi c Engineering Department expressed no object ion to the
application as traffic stopping and loading are permitted at that location.
Emil Marquardt, attorney representing the applicant, stated the canopy will only
extend to the grass area a long the s i dewa lk, and not to the street, and is
necessary to protect patients and their attendants from bad weather.
Discussion ensued regarding patient drop-off and pick-up and the shortage of
available parking in the area.
Douglas Dahlhauser, Vice President of Operations for Morton Plant Hospital,
representing the applicant, stated overflow parking for the day surgery area is
located across the street and indicated that the parking situation is confusing
to people not familiar with the area. He feels the canopy will bring attention
to and identify the day surgery entrance which is partially obscured by
landscaping.
Robert Kern, representing Harbor Oaks Homeowners Association, spoke in favor of
the application. He feels the proposed canopy would be an asset to the facility,
and will provide shelter from the weather for those attending classes at the
hospi ta 1.
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 particular physical surroundings, shape, or
topographical conditions of the property involved and the strict application of
the provisions of this development code would result in an unnecessary hardship
upon the applicant and the variance is the minimum necessary to overcome the
hardship created by the necessity to provide protection for patients and their
attendants entering and leaving the hospital subject to the conditions: 1) any
signage associated with this request shall meet sign code requirements and shall
be subject to separate permitting; 2) the canopy materials and design shall
conform to all code requirements for wind loading and other construction
requirements 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. Request qranted.
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4. Morton F Plant Hospital Assoc Inc for a height variance of 56.1
ft to permit construction of a 106.1 ft high new equipment penthouse
at 323 Jeffords St, Sec 21-29-15, M&B 12.15, zoned P!SP
(public!semi~public). V 92-20
Planning Manager Shuford explained the application in detail stating the
applicant is seeking a height variance to construct an equipment penthouse atop
the Witt building to house a new air conditioning and heating system as part of
an overall renovation of the building.
Emil Marquardt, attorney representing the applicant, stated the proposed
equipment shelter is necessary to protect the replacement air conditioning and
heating system and to muffle sounds coming from the units. He stated, in an
effort to cooperate with the surrounding community, he has met with members of
the neighborhood association and said their objections relate to noise rather
than to height.
Robert Kern, representing the Harbor Oaks Homeowners Association, objected to the
application and read into the record a letter from the association expressing
concerns that an environmental impact study was not performed to determine if new
machinery will create additional noise as the present noise levels have been a
problem for area residents.
Discussion ensued with regard to the code allowing for the replacement of the
heating and cooling system and the height variance being requested to allow for
the construction of a protective covering for the equipment.
Mr. Dahlhauser stated an acoustical company was contacted to address noise
concerns resulting from the last project. Studies were done to determine the
decibel levels of noise emanating from the building at all times. Early morning
was found to be the worst;. however, the noise levels never exceeded the maximum
allowed. He said a formal sound study has not been done to evaluate the impact
of the new system. He felt the new equipment would be less noisy as each air
handler would be suspended from shock absorbers and not positioned directly
against the building. The structure housing the air conditioning and heating
system will be soundproofed.
In response to a question, it was indicated Fagan and Associates did the previous
sound study. '
Mr. Marquardt felt the proposal would significantly reduce the current noise
problems. He said the hospital is sensitive to the homeowners' concerns
regarding the noise issue. He indicated if their overall campus exceeded the
allowable sound levels, some equipment would be shut down.
Mr. Kern restated the homeowners' opposition to any installation creating any
additional noise and asked that nothing be done until a study had been completed.
He indicated his willingness to work with the applicant.
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Based upon the information furnished by the applicant, Mr. Horner 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 due to the replacement of
existing systems in an attempt to muffle the sound emanating from the equipment
subject to the conditions: 1) the structure shall be constructed in accordance
with the plans submitted with the variance request; Z) the new air handling
equ i pment sha 11 not exceed the no i se 1 eve 1 s from the ex i st i ng equ i pment as
measured from Jeffords Street and Druid Road and Jeffords Street and Bay Avenue
and an acoustical survey by a registered Florida engineer shall be provided to
City staff and the Harbor Oaks Homeowners Association which confirms the meeting
of these requirements prior to the Planning and Development Department signing
off on the requisite permit and 3) the requisite 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.
III. Board and Staff Discussion
Discussion ensued with regard to potential problems associated with having only
three members present at a meeting as all three members must vote in favor of a
variance request for it to be approved.
IV. Approval of Minutes of March 12, 1992
Mr. Horner moved to approve the minutes of March 12, 1992, 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 3:30 p.m.
Chairman
ATTEST:
-.;~~
y Clerk
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday March 26, 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:
1.
Time. Extensions
1. (2nd request for extension)
Robert E 'Ma 1 ke (Rose Garden
Restaurant) for a variance of 14
seats to permit 2~COP licensed
establishment with 36 indoor seats at
348 and 348~ Coronado Dr, Lloyd~
Wh ite-Sk inner Sub, Lots 118-119,
zoned CR - 28 (resort commerc i a 1 ) .
V 91-17
II. Public Hearings
1. Robert Band Sh i,' 'I ey I Co 1 eman
for a variance of 9.5 ft to permit
dock length of 75 ft to allow boat
1 ift addition at 188,~ Devon Dr,
Bayside Sub, Lot 27 and part' of
Lots 26 and 28, zoned RS 8 (single
family residential) and AL/C (aquatic
lands/coastal). V 92~17
2. Juga 1 B and Manna J Shah (Sea
Star Beach Resort) for variances of
(1) 8 ft 4 in to permit 2nd floor
addit ion 6 ft 8 in from a street
right-of-way; and (2) 10.14 ft to
permit 2nd floor addition 4.86 ft
from a rear property line at 326
Harnden Dr, Columbia Sub No 3, Lots 3,
3a, 4, 4a, and part of Lots.2 and 2a,
zoned CR 26 (resort commercial).
V 92-18
DCAB
I.
1.
Time Extensions
Continued to April 9, 1992
II. Public Hearings
1. Granted subject to the
following conditions: 1) no tie
poles shall extend seaward from the
proposed cradle lift and 2) the
requisite building permit shall be
obtained within six (6) months from
the date of this public hearing.
2.
Continued to April 9, 1992
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3. Morton F Plant Hospital Assoc loc
for a variance of 35 ft to permit
canopy to extend to a street
(Jeffords St) right-of-way at 323
Jeffords St, See 21-29-15, M&B 12.15,
zoned P/SP (public/semi~public).
V 92-19
4. Morton F Plant Hospital Assoc Inc
for a height variance of 56.1 ft to
permit construction of a 106.1 ft
high new equipment penthouse at 323
Jeffords St, Sec 21-29-15, M&B 12.15,
zoned P/SP (public/semi-public).
V 92-20
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III. Board and Staff Discussion
IV. Approval of Minutes of
March 12, 1992
V. Adjournment
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DCAB
3. Granted subject to the
following conditions: 1) any signage
assoc i ated with thi s request sha 11
meet sign code requirements and shall
be subject to separate permitting; 2)
the canopy materials and design shall
conform to all code requirements for
wind loading and other construction
requirements and 3) the requisite
building permit shall be obtained
within six (6) months from the date
of this public hearing.
4. Granted subject to the
following conditions: 1) the
structure shall be constructed in
accordance with the plans submitted
with the variance request; 2) the new
air handling equipment shall not
exceed the noise levels from the
existing equipment as measured from
Jeffords Street and Dru id Road and
Jeffords Street and Bay Avenue and an
acoustic survey by a, Florida
registered engineer shall be provided
to City staff and the Harbor Oaks
Homeowners Association which confirms
the meeting of these requirements
prior to the Planning and Development
Department signing off on the
requisite permit and 3) the requisite
permit shall be obtained within six
(6) months from the date of this
public hearing.
III.
IV. Approved as submitted
v. Adjourned at 3:30 p.m.
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