Loading...
08/27/1992 (2) '~ . '..,,'. " " I t ~ ~. 1,., ' . : ~.. + ", , : ." ~~ ': ,... . ,+' ,,'..., /, ,f '. ,:+ .' -. ;' I DCAB DEVELOPMENT CODE ADJUSTMENT BOARD DATE c2/ . f .' . ~: 'e " .:i .\...., ...., ':/.'~." ..,' ,." .,. .1'1'" 'j'.'~ "...., ( ....~ .'..... ~ ... .... ~. '..' . ,I' DEVELOPMENT CODE ADJUSTMENT BOARD /". , f ' August 27, 1992 Members present: Alex Pliska, chairman Thomas J. Graham otto Gans John W. Homer Members absent: Emma C. Whitney, Vice-Chairma.il (excused) Also present: Miles Lance, Assistant city Attorney Sandy Glatthorn, Senior Planner Mary K. 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 1. Martin R and Paula 0 Cole for a variance to a fence along a seawall at 726 Harbor Island, Estates of Clwr, Unit 7C, Lot 78, zoned RS 6 family residential). V 92-43 Senior Planner Glatthorn explained the application in detail stating the applicants wish to construct a fence along the seawall and along the property lines of a single-family home to provide a safe and secure play area for their two children. Ms. Glatthorn stated the fence will be similar to others in the area and staff recommends it be removed after a period of four years when the children are older. install Island (single Paula D. Cole, applicant, stated the fence will prevent her children from falling from the seawall into the deep water at high tide or onto the sharp barnacles below. She presented photographs of the seawall and other fences in the area and expressed concerned with the four-year limitation due to the possibility of having additional children or young visitors wishing to play in the yard. I ..... ~, . DCAB 1 08/27/92 ,:....I........~.'.....','J;.".. .,.: :'~..." ':.~~.II- ..... "0'" ..... ..'....i.~. ."., :".' Discussion ensued regarding the partial fencing not securing the entire property as the children will still be able to go through the shrubs or around the proposed fencing. In response to a question, Ms. Cole indicated she wanted to secure the entire property; however, staff advised against this as they felt it was not a minimal request. Bruce Phillips, representing the applicant, indicated Ms. Cole would prefer to completely fence both sides of the yard and provide a barrier along the seawall. Discussion ensued regarding the fence placement along the seawall and side property lines. The application was only for a fence on the seawall and any addition to the request would require a continuance to allow time to readvertise. Ms. Cole requested a continuance. Mr. Graham moved to continue this request to the meeting of September 24, 1992. The motion was duly seconded and upon the vote being taken, Messrs. Homer, Plisko and Graham voted "aye"; Mr. Gans voted "nay". Motion carried. ( , 2. David J Gangelhoff (Gulf Marine of Clwr, FL) to permit variances (1) to permit an unpaved vehicle (boat) storage area; and (2) of 2 ft to permit a fence 6 ft in height at 405 N Ft Harri90n Ave, Sec 9-29-15, M&B 44.02; Fort Harrison Sub, Lot 1; Hart's 2nd Add to Clwr, Blk 3, Lots 5 thru 10, part of Lot 3, and part of vacated alley; and Jones' Sub of Nicholson's Add, Blk 3, Lots 6 thru 10, zoned CG (general commercial). V 92-44 Senior Planner Glatthorn stated a continuance will be requested by the applicant to add an additional variance for fencing in one of the side yards where the property is addressed. Ms. Glatthorn explained the application in detail, stating the applicant was ordered to pave his boat storage area by a state hearing officer on December 14, 1982. The Code Enforcement Board ordered the applicant to comply with the paving condition by May 26, 1992. The paving has not been accomplished and the applicant is now requesting a variance to the paving condition imposed by the hearing officer. Ms. Glatthorn indicated numerous large trees would have to be removed to fully pave the site; however, there is a need to pave a portion of the area to provide access for fire trucks and other public safety vehicles. Staff recommends a mulch or gravel treatment of the unpaved portions of the storage area. l ".....~. > DCAB 2 08/27/92 ~ ~', "\ ,~ , ' -'", ..":. . " ,* , . . 'r",.'. 0...' .. . , . ' . " , ..' . ": - . ( ,I '. , '.,' . . ' . , . The City Fire Marshal has recommended a fire lane be provided connecting N. Ft. Harrison and Garden Avenues with the adjoining alley on the south of the property. Concerning the fence vari.ance, it was indicated fences exist in various areas of the property and unsalvageable marine equipment is being stored in a haphazard fashion. staff recommends fencing which is tall enough to properly screen the property and landscap- ing along all perimeter areas, with openings provided in order to allow the 20-foot-wide fire lane access to the adjoining streets. Robert W. Bell, representing Gulf Marine, stated the diagram of the subject property with the application is not accurate and the required accessway is already in place. Questions erected. in 1985. were raised regarding when the existing fence was It was indicated a survey had been done on the property . Lori Nelson, representing the applicant, indicated the applicant has tried to correct code violations but has encountered difficul- ties in obtaining permits. Mr. Bell indicated the applicant is committed to improving the property; however, is suffering a hardship due to a recession in the marine industry. Concern was expressed in not requiring parking areas to be paved just because they are concealed from public view. Discussion ensued with it being indicated this property has been in violation for the past ten years. The applicant was requested to provide a total site plan or detailed survey of the property showing existing trees and buildings and proposed paving, fences and landscaping. Discussion ensued regarding required parking on the site. Ms. Nelson indicated when on-street parking was eliminated, ten parking spaces were provided next to the building. Concern was expressed regarding these parking spaces sometimes being used for storage and the lack of suitable parking accessible to the building. Concern was expressed the disorderly storage of boats and equipment is unsightly from Garden Avenue. . . - , .-.,., r DCAB 3 08/27/92 I,."'-"~,' .'...~ .. ,'J_, , ~f"." ~:l'. . /'. ./', , .'-' . ",' ',~'.",.,' .,.., "l' /" Mr . Homer moved to September 24, 1992. unanimously. continue this request to the meeting of The motion was duly seconded and carried 3. Merlin 0 and Muriel M Fleming for variances to permit installation of a swimming pool of (1) 3 ft from rear property linej and (2) 3 it from side property line at 940 Narcissus Ave, Mandalay Sub, elk 57, Lot 8, zoned RS 8 (single family residential). V 92-45 Senior Planner Glatthorn explained the application in detail stating the applicant wishes to construct a minimal sized swimming pool and deck in the small rear yard area of their single-family home. Rick Miller, pool contractor representing the applicant, stated Mr. and Mrs. Miller are now the owners of the subject property. In response to questions, Mr. Miller indicated the pool deck is 12 inches above grade and a planter is incorporated into the decking for aesthetics. He stated the impervious decking extends to within 12 inches of the property line and is pitched toward the house in order for water runoff to drain along with that of the house. A question was raised regarding whether or not the applicant is planning any other remodeling which would require variances. Mr. Miller indicated the applicant intends to expand an existing bathroom into an adjacent closet. He stated Mr. Davis wishes to begin construction as soon as possible. He felt Mr. Davis would have included any additional variances in this request if they were necessary. In response to questions, it was indicated there is adequate open space and the pool equipment will be located in the garage. Concern was expressed lot coverage is excessive; however, it was indicated this is not unusual for the area due to the triangular- shaped lots. In response to a question, Mrs. Miller, the applicant, did not know the details of the proposed bathroom addition; however, felt the requisite permits have been obtained by her husband. Concern was expressed regarding the removal of five trees on the property to allow for the pool and the addition and it was requested the environmental inspector review the request. 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 ...... " DCAB 4 08/27/92 / . .:.:, I,." I,.' ,/. ;',.' '. f . f , . ." '. . ,. '. I': ' '." ." \ . .. . ., . '. ,':". ", . . , ,,< - r' \ conditions: 1) The variance is based on the application for a variance and documents submitted by the applicants, including maps, plans, surveys and other documents submitted in support of the applicants' request for a variance. Deviation from any of the above documents submitted in support of the request for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect; 2) no enclosure (screened or other construction) shall be permitted for enclosing the pool except for a fence that meets code and 3) the applicant agrees all pool equipment such as pumps and motors shall be located in the garage. The motion was duly seconded and upon the vote being taken, Messrs. Homer, Pliska and Graham voted "aye"; Mr. Gans voted "nay". Motion carried. Request granted. II. Approval of Minutes of August 13, 1992 Mr. Homer moved to approve the minutes of August 13, 1992, in accordance with copies submitted to each board member in writing.' The motion was duly seconded and carried unanimously. III. Board and staff Discussion ....-.. Discussion ensued regarding the new standard condition prohibiting reasonable adjustments to site plans. The city Attorney indicated staff will review any changes and use good judgement in interpret- ing the condition. Discussion ensued with regard to the Beach Task Force's Key West style design recommendation. It was questioned whether or not variances may be granted or denied based on the appearance of buildings on Clearwater Beach. Discussion continued regarding the code violations on the Gulf Marine property. Concerns were expressed regarding the view from Garden Avenue and boats parked in the right-of-way. It was felt there has been no effort to correct the nuisance conditions. Jim Polatty, Director of Planning and Development, recommended better communication and cooperation between staff and the applicant to begin SOlving some of these problems. Discussion ensued regarding the Board's site plan requirement for a scaled drawing or other accurate representation of what is existing and what is being proposed by the applicant before any variance application is reviewed. Ms. Glatthorn distributed copies of a memo addressing Board comments regarding the proposed roof height ordinance and discus- sion ensued regarding calculating heights of roofs with dormers. "'i...>>. . DCAB 5 08/27/92 ~. :'. \.......) l~) Ms. Glatthorn requested any suggestions for changes be submitted prior to the next Planning and Zoning (P&Z) Board meeting. Discussion ensued regarding right-sizing changes and merging the P&Z Board with the Development Code Adjustment Board (DCAB) or redistributing duties between both boards to streamline procedures. Ms. Glatthorn reported the hearing officer upheld the Board's decision in the Levy T-Shirt Factory appeal. IV. Adjournment The meeting was adjourned at 2:59 p.m. Chai€~~ J~ . ~ city Clerk " DCAB 08/27/92 6 \ ......../ ACTION AGENDA DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, August 27, 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. Martin R and Paula D Cole for a variance to install a fence along a seawall at 726 Harbor Island, Island Estates of clwr, unit 7C, Lot 78, zoned RS 6 (single family residential). V 92-43 2. David J Gangelhoff (Gulf Marine of Clwr, FL) to permit variances (1) to permit an un- paved vehicle (boat) storage area; and (2) of 2 ft to permit a fence 6 ft in height at 405 N Ft Harrison Ave, Sec 9-29-15, M&B 44.02; Fort Harrison sub, Lot 1; Hart's 2nd Add to Clwr, Blk 3, Lots 5 thru 10, part of Lot 3, and part of vacated al- ley; and Jones' Sub of Nicholson's Add, Blk 3, Lots 6 thru 10, zoned CG (general com- mercial). V 92-44 3. Merlin 0 and Muriel M Flem- ing for variances to permit in- stallation of a swimming pool of (1) 3 ft from rear property line; and (2) 3 ft from side property line at 940 Narcissus Ave, Mandalay Sub, Blk 57, Lot 8, zoned RS B (single family residential). V 92-45 DCAB I. Public Hearings 1. Continued to the meeting of September 24, 1992. 2. continued to the meeting of September 24, 1992. 3. Granted subject to the fol- lowing conditions: 1) The vari- ance is based on the application for a variance and documents submitted by the applicants, including maps, plans, surveys and other documents submitted in support of the applicants' re- quest for a variance. Deviation from any of the above documents submitted in support of the re- quest for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance 1 08/27/92 ~~ r:.>, ] 4/, . ( "--/ v '. , being null and of no effect; 2) no enclosure (screened or other construction) shall be permitted for enclosing the pool except for a fence that meets code and 3) the applicant agrees dll pool equipment such as pumps and mo- tors shall be located in the garage. II. Approved as submitted. II. Approval of Minutes of August 13, 1992 III. Board and staff Discussion III. IV. Adjournment IV. Adjourned at 2:57 p.m. DCAB 2 08/27/92