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05/28/1992 (2) f , .' j' .DCAB , DEVELOPMENT CODE ADJUSTMENT BOARD DATEasj:z.8j ~ p~ ~7 S & 9 . .' ,..' .' ,'J ..' '. " . " ',...f. , ,+ /' ( ''".- -...,.. DEVELOPMENT CODE ADJUSTMENT BOARD May 28, 1992 Members present: Alex Plisko, Chairman Emma C. Whitney, vice-chairman otto Gans John W. Homer Excused: Thomas J. Graham Also present: Miles Lance, Assistant city Attorney Jim Polatty, Director of Planning and Development Scott Shuford, Planning Manager Susan stephenson, Deputy 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. Time Extensions A. (2nd request for extension) Charles E. Knell, as Trustee, for variances of 1) 7 it 11 inches to permit height of 32 ft 11 inches as measured to midpoint of a sloped roof, 2) 1 ft 11 inches to permit ridge height 5 ft 11 inches above midpoint of sloped roof and 3) 33 ft 4 inches to permit house 33 ft 4 inches beyond Coastal Construction Control Line (CCCL) at 1170 Mandalay Point Road, Mandalay Point SUb, Lots 18, 18A, 19 and 19A, zoned RS-4 (single-family residential) and OS/R (open space/recreation). V 91-02 Tom Nash, attorney representing the applicant, stated the above variances were granted conditioned upon state DNR approval being obtained. A six-month time extension is being requested as final approval has not been received. DCAB OS/28/92 1 r::\ ....... In response to a question, Mr. Nash indicated state approval is being actively sought and it is hoped the application will go through the first time. Ms. Whitney moved to approve January 10, 1993. The motion unanimously. Request qranted. a six-month time was duly seconded extension to and carried II. Public Hearings 1. Edward P & Cynthia B Malinski for a variance of 20 ft to allow a pool, deck, and enclosure 10 ft from a street right-of-way at 3384 Lake Shore Lane, Wynwoods Landing, Lot 11, zoned RS 4 (single family residential). V 92-26 Planning Manager Shuford explained the application in detail stating the applicant wishes to construct a new in-ground swimming pool with a deck and screen enclosure on an irregularly-shaped, double frontage lot. Mr. Shuford recommended eliminating the suggested condition to meet the landscaping requirements at the property line if the variance is approved since there is an existing four-foot fence. Edward P. Malinski, owner and applicant, stated he believed the lot was pool-sized when it was purchased 3\ years ago and feels the pool should be situated north/south on the lot. They desire a deck and feel the width of the proposed pool is necessary for safety reasons. He stated the adj acent property owners support the request. A petition with 16 signatures was 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 owner or applicant; the particular physical surroundings of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant subject to the conditions: 1) the swimming pool and the deck enclosure shall be constructed as per 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. Marinco, a Florida General Partnership, for variances of (1) 12.5 ft to permit house 37.5 ft high; (2) 6 ft to permit roof to project 10 ft above midpoint; and (3) 0.75 ft to permit house 4.25 ft from side property line at 1070 Eldorado Ave, Mandalay Sub, Blk 70, Lot 7, zoned RS 8 (single family residential). V 92-27 DCAB OS/28/92 2 ",-p " Mr. Plisko declared a conflict of interest with regard to this application. It was stated for the record the correct street address is 1076 Eldorado Avenue. Discussion ensued regarding whether or not readvertisment is necessary. Assistant city Attorney Lance indicated readvertisment is not required as the legal description of the lot was listed correctly. It was later determined that 1070 Eldorado Avenue is the correct address for the subject lot. Planning Manager Shuford explained the application in detail stating the applicant wishes to construct a single-family residence. Due to a recent code amendment, variance #1 was reduced to 7.5 feet to permit a house 37.5 feet high. He stated the air conditioning platform projects nine inches (.75 feet) into the side setback and requires a variance because it is elevated. Mr. Polatty arrived at 1:30 p.m. Richard Churchill, architect representing the applicant, stated sound baffling limits effective operation of air conditioning units; however, as new units are quieter and the platform is elevated, he feels there will be no noise problem. He stated modifications would be made if there were any complaints from the neighbors. In response to questions, Mr. Churchill indicated the elevated platform was built to be accessible from a deck area of the house. He feels it would be noisy and impractical to locate the platform at the rear of the house as all living spaces open out into the back. He stated the proposed house will be a family home owned by a family corporation. Mr. Churchill described drawings of the proposed house and stated the higher roof pitch is desirable to preserve the architectural integrity of the house and blend with the beach surroundings. Discussion ensued regarding windows on the north side extending one inch into the side setback. Clarification was requested regarding whether or not variance #3 for .75 feet applies to both sides of the property. Mr. Shuford indicated the intent of the application was to allow up to .75 feet on each side allowing for slight shifting of the house on the lot and the applicant was instructed by staff to request the side setbacks in this manner. Concern was expressed this request is deceptive and does not accurately reflect what is being requested. Consensus of the Board was to permit variance #3 to encompass both sides of the property. One citizen, representing the property owner to the north, spoke in support of the application. In response to questions, it was indicated the subject lot is the southernmost of two adjacent lots owned by the family corporation, each 60 feet wide by 110 feet deep. DCAB OS/28/92 3 ,"'" Concern was expressed that requesting variances to build on one lot in order to keep the other lot available to other family members creates a self-imposed hardship. It was indicated they are two separate lots. Based upon the information furnished by the applicant, Mr. Homer moved to grant #1 a variance of 7.5 feet to permit house 37.5 feet hiqh and variances #2 and #3 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 substandard GO-foot lot width and the necessity to elevate the air conditioning system on the south side of the property causing intrusion into the side property line subject to the conditions: 1) the air conditioning unit located on the platform shall be screened from the adjacent property and the street with materials to reduce noise 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 upon the vote being taken, Ms. Wh i tney, Messrs. Homer, and Gans voted It aye" ; Mr. Plisko abstained. Motion carried. Request granted. III. Board and Staff Discussion Concerns were expressed regarding apparent inconsistencies in interpretation of the FEMA 50 percent rule and clarification was requested. Jim Polatty, Director of Planning and Development, indicated review of plans for building permit aplications differs from review of variance requests. Mr. Polatty stated he wishes to appoint a committee to investigate whether or not implementation of the rule is consistent and asked for volunteers. Discussion ensued with regard to parking at the Pelican Restaurant. It was indicated a temporary parking permit was issued in error. In response to a question, it was indicated an item addressing parking on front lawns will come before the Commission in June or July. Discussion ensued regarding whether or not the Board should be involved in code violations. It was felt that code enforcement is not the Board's directive, but a matter worthy of pursuit by the members as private citizens. Mr. Polatty commended the Board for their personal efforts in reporting violations. He explained job duties in the Planning Department have been reorganized and a new system is being implemented to track code violations, report back to the Board and to improve consistency and reduce errors in the Planning and Development Department. Discussion ensued regarding various sign code violations, having dumpsters in front of properties on Clearwater Beach and landscap- ing requirements for parking lots. Mr. polatty invited members to examine site plans in his office if they choose. DCAB 4 OS/28/92 r'~ \....--- In response to recommendations application. Mr. Plisko complimented the Planning Department on acknowledging needed code changes which will allow a move toward better architec- ture. a question, Mr. Shuford indicated the staff report will continue to be provided for each IV. Approval of Minutes of May 14, 1992 Ms . Whitney moved to approve the minutes of May 14, 1992, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. V. Adjournment The meeting was adjourned at 2:48 p.m. Chai~ V~J ATTEST: A~~&v " " DCAB 5 OS/28/92 .' '. '.'.:',.,.' ,..~...: . .;II,"',j.' ,/.,' ," ,.."..." ~.". :. ..~,':c '. l'~_,'... ,.'..:...,..(~'..,F..<'":'.j...,,.:...:,'..:~ ~,:'...,.., ., FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I.AST NAME- HRST NI\Mr:- MIDDI.E NAME PL-/4/L.D MAII.I:>li ADURESS AL~X AJ NI\M[ OF 1I0l\RD. COUNCIL, COMMISSION, I\1lI110RII Y, OR COMMI rrH p~ l/Gt..O 'tV1'Grvr {!oPG ADJlfSTHGJVI tvALP fOro OA~ en" c; lGAf< Vl--IATl::C2- 1)An: 0:'0' WHlell VOrE OCCURRED '7-'Z6- COUNty nil: 1l0AlW. rOIlN{'IL. COMMISSIUN. ,\UI 1I0RII \' UR COM"'ln U: oN Wlllnl I SERVE IS 1\ UNIT OF: ~lfY 0 rOUNH' C oll,rll LOCAL I\GJ:N{'\' NAMI: or t'ou 1 K'.\l. S\lIItll\'ISIOS' CITY O;C C?G/IJ?J^lAr6;<- :JltJf3 lA.~~5 MY I'OSn'lON IS: y o EI.EClIVE AI'I'OI~lWE WHO MUST FILE FORM 88 This form is for use by ;)11}' pcrson serving at the counly. city, or othcr local lcvel of government on all appointed or clectcd board, council. commission, ;)ulhority. or COll1lllillee. It applies equally to members of ad,'isory and non-advisory bodies who are presented with a voting conniet of interest ullder Scction 112.3143, Florida Statutes, Your responsibilities under the law when rnccd wilh a measure in which you have;) connict of intercst will vary greatly depending on whelher you hold an electivc or appointive position. For this reason. please pay close allcntion to the instructions on this form before completing the revcrse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or othcr local public office MUST AUSTAIN from voting Ollll mcasure which inures to his special private gain. 8leh eh:clcd or appointed local officer also is prohibited froOl knowingly voting on l\ measure which inures to the speci:11 gain of a principal (other than a gO\'l:rnment agcllcy) by whom he is retained (including the parent organilation or subsidiary of a corporate principal hy which he is retained); to the special private gain of a relative: or to the special privale gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of indepcndent special tax districts elected on a one-acre, onc-vole basis arc not prohibitcd from voting in that capacity. For purposes of this law. a "rehllivc" includes only the officcr's father, mother, son, daughter. husband. wife. father-in-law. Itlotlll:r-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity cnguged in or cllrryillg on a buslncss enlerprise with thc officer as a partncr, joint vcnturer. coowncl' of property. or corporate shareholder (where lhe shares of the corporalion are not listed on any national or rcgional stock exchangc). ELECTED OFFICERS: In addition to abslaining from voting in the silUations described above. YOUlllust disclose the connict; PRIOR TO THU VOTE Bf:lNG TAKEN by publicly Slating to thc :Isscmbly the naturc of your illlercst in the mcasure on which you arc :1bstnining from voting; Cllle! WI TlI I N 15 DA YS A FrE R TII E VOTE OCCU RS by cLlmplcting and filing Ihis form wilh the person responsible for rccording lhe mil1lllcs of Ihe mecting, who slwuld incorporate the form in lhe minules. APPOINTED OFFICEHS: Although you mllsl abs1:lin from Hlling in Ihc silwllions described above. you otherwise lT1;I~' participalc in thesemallcrs.lIowcver. you must disclose the nature or lhe connic! hcfon: making any allcmpt 10 inOucnce lhc dccisitln, wl1l'lhcr orally Uf' in writing and whether made by you or at your direclion, IF YOU It'\TE['\P TO MAKE ANY ATrEMPT TO Ii'\FLUEt\CE TilE DECISION PRIOR TO TilE MEETIN(, AT WHICH I'll E VOTE \\'LL BE T A KEN; '- .' . YOll must complete and file 11I'IS form (hdore lIIakin~ any attcmpt to inlluence lhe deci~jnn) wilh recording the minules of thc nlt:cling, who will incorporate thc form in the Illinules. . A copy of the fLlrm must be pro\'idl.'d immediately 10 the other members of thc agency. . The (orm mllst he Icat! puhllcly at the ne;..! meelilt~ a(tet the flllm i!l. filed. the person respollsible for CE FORM ~II . Ill-'II "AIil 1 IF YOU MAKE NO AlTEMPT TO INf'LUENCE THE DECisION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally lhe nature of your conflict in the measure before participating. · You must complete Ihe form and file it within IS days after the \'ole occurs with tl1e person responsible for recording the minut~""1 the meeting, who must incorporate the form in the minutes, A copy of the form must be provided immedialely to the Ol. .. members of the agency, and the form must be read publicly at the next meeting after the form is filed, I, ALe; X DISCLOSURE OF LOCAL OFFICER'S INTEREST PLI5110 Cfz. ,19_. .I 13'( A ;A/) n.1 fi' M~t<.IN Co 0 /V~II Tf3;Ct Fott- TIle' fttVVGt;;/ A S (.?€rQ, LA -e 7 rtY'>:;? o".J )iC>~/< lIVe:, o,t./ MAV"2 8 ~v ~ 2B HAY , hereby disclose that on (a) A measure came or will come before my agency which (check one) _ inured 10 my special private gain; _ inured to the special gain of my business associate, _ inured to the special gain of my relative, V inured lolhespecialgainof M/t.tLu.lcc> I A ~t.olL,OIJ t$eN~R..AL 1?J1qt<TlVe't!-~J.lJf> ,by whom I am retained; or _ inured to the special gain of is the parent organi71ltion or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my connicting interest in the measure is as follows: , which I~I Or -2- G -//-Cf?- SigtffI9~'><f:h Dale Filed NOTICE: UNDEf{ PROVISIONS OF FLORIDA STATUTES * 112.317 (1991). A FAILURE TO MAKE ANY REQU, :) DISCLOSURI:: CONSTITUTES GROUNDS FOR AND /1.1 A Y BE PUNISH ED BY ONE OR MORE OF THE FOLLO\\'i-mU: IMPEACHMENT, REMOVAl. OR SUSPENSION FROr-.l OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION I)': SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5.000. CE I'OftM loll. 1lI.lJl , '.: .~. . ~u " t 1,' , ,.'" ',' " l ~... . ~.I' . ' . L .." '., .. " ("'~ '-~ \~ ACTION AGENDA DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, May 28, 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. Time Extensions 1. (2nd request for exten- sion) Charles E. Knell, as Trustee, for variances of 1) 7 ft 11 inches to permit height of 32 ft 11 inches as measured to midpoint of a sloped roof, 2) 1 ft 11 inches to permit ridge height 5 ft 11 inches above midpoint of sloped roof and 3) 33 ft 4 inches to permit house 3 J ft 4 inches beyond Coastal Construction Control Line (CCCL) at 1170 Mandalay Point Road, Mandalay Point sub, Lots 1~, 18A, 19 and 19A, zoned RS-4 (single-family residen- tial) and OS/R (open space/recreation). V 91-02 II. PUblic Hearings 1. Edward P & cynthia B Malinski for a variance of 20 ft to allow a pool, deck, and enclosure 10 ft from a street right-of-way at 3384 Lake Shore Lane, Wynwoods Landing, Lot 11, zoned RS 4 (single family resi- dential). V 92-26 DCAB I. Time Extensions 1. Granted a six-month time extension to January 10, 1993. II. Public Hearings 1. Granted as requested sub- ject to the conditions: 1) the swimming pool and the deck en- closure shall be constructed as per the site plan and 2) the requisite building permit shall be obtained within six (6) months from the date of this public hearing. 1 OS/28/92 2. Marinco, a Florida General Partnership, for variances of (1) 12.5 ft to permit house 37.5 ft high; (2) 6 ft to per- mit roof to project 10 ft above midpoint; and (J) 0 . 75 it to permit house 4.25 ft from side property line at 1070 Eldorado Ave, Mandalay Sub, Blk 70, , Lot 7, zoned RS 8 (single fami- ly residential). V 92-27 [1' 2. Granted variances #2 and #3 as requested and #1 a vari- ance of 7.5 feet to permit house 37.5 feet high subject to the conditions: 1) the air conditioning unit located on the platform shall be screened from the adjacent property and the street with materials to reduce noise and 2) the requi- site building permit shall be obtained within six (6) months from the date of this public hearing. III. Board and staff Discussion III. IV. Approval of Minutes of May. 14, 1992 V. Adj ournment ., .l DCAB IV. Approved as submitted V. Adjourned at 2:48 p.m~ 2 OS/28/92 r;.~~ ,. \ "--' r ..........