05/14/1992 (2)
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DEVELOPMENT CODE AD..JUSTMENT BOARD
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DEVELOPMENT CODE ADJUSTMENT BOARD
May 14, 1992
Members present:
Alex Plisko, Chairman
Emma C. Whitney, vice-Chairman
Thomas J. Graham (1:05 p.m.)
otto Gans
John W. Homer
Also present:
Miles Lance, Assistant city Attorney (1:03 p.m.)
Scott shuford, Planning Manager
Sandy Glatthorn, Senior Planner
Mary K. (Sue) 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 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 4/23/92) Branch Sunset Associ-
ates, Ltd (Sunset Point shopping center) for variances of
(1) 2 percent building coverage to permit 27 percent; (2)
12.51 percent open space for lot to permit 12.49 percent;
(3) 179 parking spaces to permit 1,180 spaces; and (4) a
variance of 1.0 ft to permit zero landscape buffer between
parking lot and U.S. 19 N right-of-way at 23660 U.S. Jlwy
19 N, Sec 6-29-16, M&B 41.01, 41.02, 41.04, 41.05, 41.06,
zoned cc (commercial center). V 92-22
Planning Manager Shuford explained the application was continued to
allow the applicant to address concerns regarding traffic circula-
tion on the site. He stated the applicant will provide a 15-foot
strip of perimeter landscaping along U. S. 19 and modify the
southwest corner of the parking lot. He stated a variance was
previously granted for an addition to the PUblix supermarket and
the building permit for the addition has been obtained within the
required time frame.
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05/14/92
In response to a question, Mr. Shuford stated ten feet is an
average width for perimeter landscaping and extending the length of
the proposed landscaping could possibly bring it into compliance.
Nick Zarra, engineering consultant representing the applicant,
explained changes to the site plan made in an effort to address
concerns expressed at the last meeting. He stated a new plan was
submi tted to staff wherein parking spaces backing out into the
circulation lane were eliminated in the southwest corner, planters
were added to help direct traffic and 13 parking spaces for
employees were added in the back. He indicated the width of the
landscape buffer was increased to 15 feet wherever possible;
however, increasing the length of the buffer was not feasible due
to encroaching into Joel & Jerry's and Burger King's parking areas.
He said an attempt will be made to negotiate with Joel & Jerry's in
order to provide the required landscaping.
In response to questions, Mr. Zarra indicated the two-lane driveway
around Joel & Jerry's is 24 feet wide and is required in their
lease to provide better traffic circulation. He stated the lease
provides for no designated employee parking; however, it is hoped
employees will use the parking spaces in the back and leave the
spaces in front for the customers.
Discussion ensued in regard to AN increase in density. Concern was
expressed the variances requested were not the minimum and based on
financial gain. Efforts to improve traffic circulation were
"~' commended. In response to a question, it was indicated no
additional parking spaces will be required for the publix addition.
Based upon the information furnished by the applicant, Mr. Homer
moved to grant variances #1, #3 and #4 as requested and #2, a
variance of 12.4 percent open space for lot to permit 12.6 percent
because the applicant has SUbstantially met all of the standards
for approval as listed in section l37.0l2(d) of the Land Develop-
ment Code more specifically because, the variances arise from a
condition which is unique to the property and not caused by the
owner or applicant; the center was built prior to the current Land
Development Code change in 1985 subject to the conditions: (1)
building permits shall be procured within one year from the date of
this public hearing; (2) a landscaping plan shall be submitted and
approved by the environmental group and director of planning &
development prior to the issuance of a building permit; and (3)
upon lease renewal or renegotiations with Joel & Jerry's, the
applicant shall provide a lO-foot buffer which shall extend from
the new 15-foot buffer, as shown on the site plan, to the north
side of the southern entry to the parking lot. The motion was duly
seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer,
Gans and Graham voted "aye"; Mr. Plisko voted "nay". Motion
carried. Request qranted.
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1. R Wayne Temme for a variance of 5 ft to allow a
garage addition 10 ft from a rear property line at 421
Jasmine Way, Harbor oaks, Lot 38 and part of Lot 40,
zoned RS 6 (single family residential). V 92-24
Planning Manager Shuford explained the application in detail
stating the applicant wishes to construct a utility shed addition
to an existing detached garage. Although the existing structure
does not have a great deal of historic character, he indicated it
is desirable to take into consideration the historic nature of the
area.
A condition was recommended the applicant be encouraged to present
the proposal to the Historic Preservation Board for a courtesy re-
view for suggestions and input. Discussion ensued with it being
felt the review was not necessary.
Wayne Temme, owner and applicant, indicated he wishes to develop
the structure due to problems with standing rainwater in the garage
and to add storage space. He presented a drawing of the proposed
addition stating several design alternatives were considered;
however, there were constraints due to the location of a nearby
tree and the architectural line of the garage which does not blend
with the surrounding area.
In response to questions, Mr. Temme indicated an existing siX-foot
fence adjacent to the garage will remain, the addition will blend
with the architectural style of the house as closely as possible
and he wishes to achieve an aesthetically pleasing appearance. He
stated he has submitted the plan to the Historical Preservation
Board.
Two letters from adjacent property owners were presented in support
of the application.
Discussion of the application ensued with it being felt the
applicant did a good job designing the addition and it was indica-
ted the proposed gabled roof will blend with the historical
character of the neighborhood.
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 variance arises from a condition which is unique to
the property and not caused by the owner; 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 location
of the house, swimming pool and tree subject to the conditions:
(1) the requisite building permit shall be obtained within 6 months
from the date of this public hearing; (2) the utility shed shall be
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constructed as indicated on the site plan and (3) the applicant
shall submit elevation drawings of the proposed utility shed to the
Historic Preservation Board for a courtesy review. The motion was
duly seconded and carried unanimously. ReQUest granted.
Mr. Temme commended the Board for their efforts in maintaining
community development standards and said he supports the variance
fee schedule currently in place.
2. Joseph R and Christine L Galinski for variances of
(1) 4.35 ft to permit dock width of 25 ft; (2) 4.8 ft to
permit dock to be positioned 13 ft from the (extended)
north side property line; and (3) 9.8 ft to permit dock
to be positioned 8 ft from the (extended) south side
property line at 107 Midway Island, Island Estates of
Clwr Unit 3, Lot 33, zoned RS 8 (single family residen-
tial) and ALjC (aquatic lands/coastal). V 92-25
Planning Manager Shuford explained the application in detail
stating the applicant wishes to install a cradle lift along the
south side of an existing dock and feels there is sufficient
hardship to justify granting the application. He indicated the
city Harbormaster has no objection to the application.
Mr. Gene Jerichow, marine contractor representing the applicant,
stated the variances are being requested due to the pie-shaped lot
narrowing toward the seawall.
Discussion ensued with regard to the placement of the proposed
cradle lift. Mr. Jerichow said a 24-foot boat will be moored at
the 17-foot-1ong dock. In response to a question, it was indicated
the cradle lift cannot be located nearer the seawall without
requiring the boat to be backed into the lift.
Evelyn Parker, property owner to the north, requested clarification
of the application. She expressed opposition to allowing tie poles
due to boats docking at the pie-shaped lot encroaching onto her
property. It was indicated approval of the variances could be
conditioned upon eliminating all tie poles~
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 arise from the unusual shape of the lot on
Island Estates which is unique to the property and not caused by
the owner or applicant subject to the conditions: (1) the
applicant shall obtain the requisite building permit within 6
months from the date of this public hearing; (2) all tie poles
existing at the previous slip shall be removed upon completion of
the boat lift and step down installation; and (3) the installation
of tie poles shall not be allowed at any time, now or in the
future. The motion was duly seconded and carried unanimously.
Re"uest aranted.
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II. Board and Staff Discussion
Mr. Shuford provided copies of the substantial improvement policy
memo to the Board. Staff was directed to invite Victor Chodora and
Jim Polatty to a future meeting to explain the policy and communi-
cations between city departments.
Discussion ensued regarding the members' summer vacation schedule.
III. Approval of Minutes of April 23, 1992
Mr. Homer moved to approve the minutes of April 23, 1992, in
accordance with copies submitted to each board member in writing.
The motion was duly seconded and carried unanimously.
IV. ' Adjournment
The meeting was adjourned at 1:55 p.m.
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Chairman
ATTEST:
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05/14/92
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, May 1~, 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
Item A - (continued from
4/23/92) Branch Sunset Associ-
ates, Ltd (Sunset Point Shop-
ping center) for variances of
(1) 2 percent building coverage
to permit 27 percent; (2) 12.51
percent open space for lot to
permit 12.49 percent; (3) 179
parking spaces to permit 1,lBO
spaces; and (4) a variance of
10 ft to permit zero landscape
buffer between parking lot and
U.S. 19 N right-of-way at 23660
U.S. Hwy 19 N, Sec 6-29-16, M&B
41.01, 41.02, 41.04, 41.05,
41.06, zoned CC (commercial
center). V 92-22 '
1. R Wayne Temme for a vari-
ance of 5 ft to allow a garage
addition 10 ft from a rear pro-
perty line at 421 Jasmine Way,
Harbor Oaks, Lot 38 and part of
Lot 40, zoned RS 6 (single fam-
ily residential). V 92-24
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I.
Public Hearings
Item A - Granted variances #1,
3 and 4 as requested and #2 a
variance of 12.4 percent open
space for lot to permit 12.6
percent subject to the follow-
ing conditions: (1) building
permits shall be procured with-
in one year from the date of
this public hearing; (2) a
landscaping plan shall be sub-
mitted and approved by the en-
vironmental group and director
of planning & development prior
to the issuance of a building
permit; and (3) upon lease re-
newal negotiations with Joel &
Jerry the applicant shall pro-
vide a 10-faot buffer which
shall extend from the new 15-
foot buffer, as shown on the
site plan, to the north side of
the southern entry to the park-
ing lot.
1. Granted variance as re-
quested subject to the follow-
ing conditions: (1) the requi-
site building permit shall be
obtained within 6 months from
the date of this public hear-
ing; (2) the utility shed shall
be constructed as indicated on
the site plan; and (3) the ap-
plicant shall submit elevation
drawings 'of the proposed utili-
ty shed to the Historic Preser-
vation Board for a courtesy
review.
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05/14/92
2 ~ Joseph Rand Christine L
Galinski for variances of (1)
4.35 ft to permit dock width of
25 ftj (2) 4.8 ft to permit,
dock to be positioned 13 ft
from the (extended) north side
property line; and (3) 9.8 ft
to permit dock to be positioned
8 ft from the (extended) south
side property line at 107 Mid-
way Island, Island Estates of,
Clwr uilit 3, Lot 33, zoned RS 8
(single family residential) and
,AL/C (aquatic lands/coastal).
V 92-25
2. "Granted as requested sub-
ject 'to the following condi-
tions: (1) the applicant shall
obtain the requisite building
permit within 6 months from the
date of this public hearing;
(2) all tie poles existing at
the previous slip shall be re-
moved upon completion of the
boat lift and step down instal-
lation; and (3) the installa-
tion of tie poles shall not be
allowed at any time, now or in
the future.
II. Board and staff Discussion II.
III. Approval of Minutes of
April 23, 1992
IV. Adjournment
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III. Approved as submitted.
IV., Adjourned at 1:55 p.m.
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05/14/92
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