08/13/1992 (2)
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DCAB
DEVELOPMENT CODE ADJUSTMENT BOARD
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AC~ION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, August 13, 1992 - 1:00 p.m. - Commission Meeting Room,
City Hall, 3rd floor - 112 South Osceola Avenue
Clearwater, Florida
I. Public Hearings - To con-
sider requests for variances of
the Land Development Code:
Item A (continued from
6/25/92) Lowell W Paxson (Paxson
Broadcasting, Ino) for variances
(to allow construction of car
ports) of (1) 3.54 acres to per-
mit construction on a 0.46 acre
lot; (2) 179.5 ft to permit,con-
struction on a lot 120.5 ft in
width; (3) 135.6 ft to permit
construction on a lot 164.4 ft
in depth; (4) 41.5 ft to permit
construction 8 . 5 ft from rear
property line; (5) 2.1 ft to
permit construction 47.9 ft from
south property line; and (6) 20
ft to permit construction 30 ft
from north property line at
18401 u. s. 19 N, Sec 20-29-16,
M&B 33.06, zoned CC (commercial
center). V 92-33
Item B (continued from
7/23/92) Robert H Chapman and
Marjorie E Madigan, Trustees,
for a variance of 16.5 ft to
permit a building addition 8.5
ft from street right-of-way at
712 Eldorado Ave, Mandalay Sub,
Blk 2, Lot 4 and portion of va-
cated street, zoned RS 8 (single
family residential). V 92-40
II. Public Hearing - To consid-
er an application for the fol-
lowing Land Development Code
Text Amendment:
DCAB
I.
Public Hearings - Variances
Item A - Withdrawn by applicant.
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Item B - continued to the meet-
ing of September 10, 1992.
II. Public Hearing - LDCTA
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08/13/92
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1. Ordinance No. 5264-92 of
the city of Clearwater, Florida,
relating to the Land Development
Code; amending section 136.004,
Code of ordinances, relating to
height limitations, to eliminate
a height bonus provision for
properties having required mini-
mum floor elevations, and to
allow parapet walls to extend
above maximum height limita-
tions; amending section 137.005,
Code of Ordinances, to revise
the definition of UheightU; pro-
viding an effective date. (LDCA
92-12)
1. Recommended approval with
the following revision being
recommended: change Section
2 (a) from "averaqe peak and
eave heiqhts" to "midpoint of
the peak and eave heights of the
main roof structure".
III. Approval of Minutes of
July 23, 1992
IV. Board and Staff Discussion IV.
III. Approved as submitted
V.
Adjournment
V.
Adjourned at 1:59 p.m.
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08/13/92
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DEVELOPMENT CODE ADJUSTMENT BOARD
August 13, 1992
Members present:
Alex Plisko, Chairman
Emma C. Whitney, Vice-Chairman (arrived at 1:04)
Thomas J. Graham
otto Gans
Members Absent:
John W. Homer (excused)
Also present:
Miles Lance, Assistant City Attorney
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 1:03 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 6/25/92) Lowell W Paxson (Paxson
Broadcasting, Ino) for variances (to allow construction
of car ports) of (1) 3.54 acres to permit construction on
a 0.46 acre lot; (2) 179.5 ft to permit construction on
a lot 120.5 ft in width; (3) 135.6 ft to permit construc-
tion on a lot 164.4 ft in depth; (4) 41.5 ft to permit
construction 8.5 ft from rear property line; (5) 2.1 ft
to permit construction 47.9 ft from south property line;
and (6) 20 ft to permit construction 30 fr. from north
property line at 18401 U. S. 19 N, Sec 20-29-16, M&B
33.06, zoned CC (commercial center). V 92-33
Planning Manager Shuford stated this application was continued from
June 25, 1992, when it was determined the division of this parcel
from the shopping center property is not recognized by the city.
staff suggested the applicant have the parcel subdivided, thereby
creating two lots, or obtain the shopping center owner's signature
on the variance application.
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Mark Madison, aluminum contractor representing the applicant,
stated the applicant purchased the lot from Fortune Federal Bank
without the knowledge it was substandard in size and not recognized
as a lot by the city. The applicant's ability to improve the
property is seriously restricted as he cannot obtain a permit for
external improvements. He can only repair the structure or make
interior improvements. Mr. Madison stated the center owner, Home
Shopping Realty, has refused to sign off on the application and
will not cooperate with the applicant's efforts to subdivide. He
stated the applicant does not wish to pursue subdivision any
further.
Discussion ensued regarding the application being improper since it
was not signed by the owners.
Mr. Madison withdrew the application and requested the variance
application fees be refunded to the applicant as he filed the
variance request under staff's direction. Mr. Shuford advised the
applicant to submit a written request and staff will investigate
issuing a refund of the filing fees.
Item B - (continued from 7/23/92) Robert H Chapman and
Marjorie E Madigan, Trustees, for a variance of 16.5 ft
to permit a building addition 8.5 ft from street right-
of-way at 712 Eldorado Ave, Mandalay Sub, Blk 2, Lot 4
and portion of vacated street, zoned RS 8 (single family
residential). V 92-40
Planning Manager Shuford explained the application in detail
stating the applicant wishes to attach a covered front porch to an
existing two story residential structure which will encroach into
the front setback. He stated the applicant wishes to improve the
appearance of the house and add a covered porch entrance using a
Florida Cracker/Key West style for aesthetic reasons.
Bob Ray, architect representing the applicant, presented a drawing
showing what is proposed for the site. He stated the proposed deck
would replace an existing wood fence in the front of the property
and would not extend as far into the setback as the existing
garage.
Discussion ensued regarding whether or not the applicant would
object to a condition that the front porch not be enclosed at a
later date and used for living space. A question was raised
regarding the need for an open space variance.
Mr. Ray indicated he did not consider the need for an open space
variance because the open decking is a permeable surface. It was
recommended the request be continued in order to calculate the
required amount of open space and request an additional variance.
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Linda Rosenfeldt representing the applicant, requested clarifica-
tion and open space requirements were explained. It was recommend-
ed the applicant request a continuance to calculate whether an open
space variance is needed, and if so, request the additional
variance in order to consider both variances at the same time.
Mr. Ray requested the application be continued.
Mr. Graham moved to continue this item to the meeting of
September 10, 1992, to allow sufficient time to readvertise. The
motion was duly seconded and carried unanimously.
II. PUblic Hearing - To consider an application for the following
Land Development Code Text Amendment:
1. ordinance No. 5264-92 of the City of Clearwater,
Florida, relating to the Land Development Code; amending
section 136.004, Code of ordinances, relating to height
limitations, to eliminate a height bonus provision for
properties having required minimum' floor elevations, and
to allow parapet walls to extend above maximum height
limitations; amending section 137.005, Code of Ordinanc-
es, to revise the definition of "height"; providing an
effective date. (LDCA 92-12)
A question was raised with regard to the definition of the term
"average peak and eave heights". Concern was expressed the word
"average" could be misconstrued and it was felt the term "midpoint"
should be used.
Discussion ensued regarding the Beach Task Force recommendation to
use Key West Style tin roofs. Staff was requested to clarify the
rules relating to dormers.
It was felt the proposed ordinance is a positive step toward
reducing the number of repetitive variances being requested and
allowing homeowners more flexibility in roof designs.
Mr. Graham moved to recommend approval with the following revision
being recommended: change language in section 2(a) from "average
peak and eave heights" to "midp.oint of the peak and eave heights of
the main roof structure". The motion was duly seconded and carried
unanimously.
III. Approval of Minutes of July 23, 1992
Mr. Graham moved to approve the minutes of July 23, 1992, in
accordance with copies submitted to each board member in writing.
The motion was duly seconded and carried unanimously.
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IV. Board and Staff Discussion
Discussion ensued with regard to the sign ordinance and the fact
that many businesses have modified and improved their signs.
It was suggested responsibility for following Code should be placed
on sign companies; however, this would be difficult to enforce. It
was indicated it is the property owner's responsibility to conform
to code.
In response to questions, Mr. Shuford indicated an ordinance is
being drafted relating to parking vehicles in front yards. The
index and language in the new city Code book will be easier to
understand.
Mr. Shuford distributed copies of a new staff report format
including a standard condition, recommended by Assistant city
Attorney Lance, relating to deviation from any documents submitted
in support of a variance request. It was indicated, for re.cords
retention purposes,'the condition would have to either be read into
the record, or typed verbatim into the motion.
copies of a booklet clarifying floodplain management were provided
for the Board by Mr. Shuford.
v. Adjournment
The meeting was adjourned at 1:58 p.m.
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Chairman
ATTEST:
L~~,
Deputy city
15f~
Clerk:
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