10/22/1992 (2)
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DCAB
DEVELOPMENT CODE ADJUSTMENT BOARD
DATE I (J I ~~/ 9.:u
27-915
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DEVELOPMENT CODE ADJUSTMENT BOARD
October 22, 1992
Members present:
Alex Plisko, Chairman
Emma C. Whitney, Vice-Chairman
otto Gans
John W. Homer
John B. Johnson
Also present:
Miles Lance, Assistant City Attorney
Scott Shuford, Planning Manager
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
Item A - (continued from 9/24/92) David J Gangelhoff
(Gulf Marine of Clwr, FL) to permit variances of (1) an
unpaved vehicle (boat) storage area; ang. (2) 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 alley; and Jones' Sub of Nicholson's
Add, Blk 3, Lots 6 thru 10, zoned CG (General Commer-
cial". V 92-44
Concern was expressed the applicant has not submitted a site plan
as specified at the meeting of August 27, 1992.
Robert W. Bell and Lori Nelson, representing the applicant, stated
they have been working with the City's Planning and Development
Department and are drawing up the final revisions to the plan.
Mr. Homer moved to continue this item to the meeting of Novem-
ber 12, 1992 in order for the applicant to submit the site plan as
requested on september 24, 1992. The motion was duly seconded and
carried unanimously.
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Item B - (continued from 9/24/92) City of Clearwater (Is-
land Estates Marina station expansion) to permit varianc-
es of (1) 2.6 ft to permit 24 ft of clear space; and (2)
two parking spaces to permit four additional marina slips
at 205 Windward Passage, Island Estates of Clwr Unit 5,
Blk D, Lot 7, zoned CG (General commercial) and AL/C
(Aquatic Lands/Coastal). V 92-50
Planning Manager Shuford explained the application in detail
stating the applicant has revised the application to maximize the
clear space by providing fewer parking spaces. In the revised
plan, water retention has been provided in the southeast corner of
the facility and the remaining two handicapped parking spaces are
located closer to the boat ramp. He stated there is no way to
provide the total required clear space due to the pie-shaped lot.
As parking will be by permit only, he does not anticipate the two
space variance will cause any problems.
Bill Held, city Harbormaster, explained the revised site plan,
eated October 16, 1992. He stated there will be no boat slips
along the east side of the dock, no dredging is required, the
marina facility will be unstaffed and the landscaping will be in
accordance with code.
In response to a question, Peter Yauch, City Traffic Engineer, said
the right-of-way on the north side of Windward Passage is City-
owned 'and it is preferred it not be used for overflow parking.
Concern was expressed the marina parking would not be sufficient on
weekends and holidays for boaters and their guests. Mr. Held
indicated parking permits may be obtained in advance of any
potentially busy period and he felt the parking would be adequate.
A suggestion was made to reconfigure one section of the parking
layout where space width was questioned. staff is to provide a
copy of the final site plan to the Board.
Based upon the information furnished by the applicant, Mr. Horner
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 are the minimum necessary to overcome the
hardship created by the lot configuration subject to the condi-
tions: 1) parking shall be by permit only; 2) all marina facility
lighting shall be directed away from residential land uses; 3) no
habitable buildings or structures shall be constructed; 4) the
applicant shall apply for a variance from the Building/Flood Board
of Adjustment and Appeal for a variance to permit construction
within 18 feet of the existlng seawall; 5) the city shall amend the
site plan to reconfigure the three parking spaces near detention
area #3 and 6) the requisite building permit shall be obtained
within one year from the date of this public hearing. The motion
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10/22/92
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was duly seconded and carried unanimously. Request qranted.
Item C - (continued from 10/8/92) Robert L and Janet M
Schueszler for variances of (1) 6.5 ft to permit a lot
width of 63.5 ft where 70 ft is required; and (2) 15 ft
to allow a garage addition 10 ft from street right-of-way
where 25 ft is required at 1440 Rogers st, Breeze Hill,
Blk A, Lot 11, zoned RS 8 (Single Family Residential).
V 92-52
Planning Manager Shuford explained this application was continued
to determine why a garage depth of 42 feet is desired.
Art Shand, architect representing the applicants, stated they wish
to add a two-car garage to their existing single family home. He
indicated they are willing to reduce the size of the garage to
bring it in line with the front of the house for aesthetics. The
applicants desire the addition to have sufficient depth to permit
storage due to the elimination of an existing storage shed on the
property. Mr. shand indicated an existing detached garage on the
property is filled with tools and heavy machinery and is being used
as a workshop.
In response to questions, Mr. Shand stated a van and trailer
currently parked beside the house are used in Mr. Schuesz1er's
business. It was not known if these vehicles would be parked in
the proposed garage, nor how long the applicants have owned the
home.
In response to questions regarding the hardship, Mr. Shand stated
Mr. Schueszler is in poor health, with failing eyesight and the
applicants desire a secure environment for parking their cars,
entering their home and storing their belongings. Concern was
expressed the lack of storage is self-imposed due to the use of the
existing garage as a workshop.
Concern was expressed the proposed size of the addition is not the
minimum for a two-car garage. Mr. Shand responded the applicants
are planning ahead for their future and extra space could be needed
for maneuvering a wheelchair if Mr. Schueszler was to require one
in the future.
In response to questions, Mr. Shand said he estimates Mr.
Schueszler's age to be around 70 and he believes the applicants
could attend a meeting, if necessary. Mr. Shand requested a
continuance to allow the applicants to be present to answer further
questions regarding the size of the addition and whether or not a
hardship exists.
It was pointed out if the applicant's property was located on an
interior lot rather than a corner lot, the structure could be
erected without a variance.
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Ms. Whitney moved to.continue this item to the meeting of Novem-
ber 12, 1992 in order for the applicants to be present to show is
a hardship exists. The motion was duly seconded and carried unani-
mously. Reauest Qranted.
II. Board and staff Discussion
A question was raised should cases be continued to allow applicants
another' opportunity to show whether a hardship exists and whether
their request is minimal.
staff was requested to investigate possible code violations at
Gionis Plaza.
III. Adjournment
The meeting was adjourned at 2:21 p.m.
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Chairman )?1
ATTEST:
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city Clerk
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, october 22, 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
9/24/92) David J Gangelhoff
(Gulf Marine of Clwr, FL) to
permit variances of (1) an un-
paved vehicle (boat) storage
area; and (2) 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 alley; and
Jones' sub of Nicholson's Add,
Blk 3, Lots 6 thru 10, zoned CG
(General Commercial). V 92-44
Item B (continued from
9/24/92) city of Clearwater (Is-
land Estates Marina station ex-
pansion) to permit variances of
(1) 2.6 it to permit 24 ft of
clear space; and (2) two parking
spaces to permit four additional
marina slips at 205 Windward
Passage, Island Estates of Clwr
unit 5, Blk D, Lot 7, zoned CG
(General commercial) and AL/C
(Aquatic Lands/Coastal). V 92-
50
DCAB
1.
Public Hearings
Item A - continued to the meet-
ing of November 12, 1992.
Item B - Granted as requested
subject to the following condi-
tions: 1) parking shall be by
permit only; 2) all marina fa-
cility lighting shall be direct-
ed away from res identia I land
uses; 3) no habitable buildings
or structures shall be con-
structed; 4) the applicant shall
apply for a variance from the
Building/Flood Board of Adjust-
ment and Appeal for a variance
to permit construction within 18
feet of the existing seawall; 5)
the city shall amend the site
plan to reconf igure the three
parking spaces next to detention
area #3 and 6) the requisite
building permit shall be ob-
tained within one year from the
date of this public hearing.
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10/22/92
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Item C (continued from
10/8/92) Robert L and Janet M
Schueszler for variances of (1)
6.5 ft to permit a lot width of
63.5 ft where 70 ft is required;
and (2) 15 ft to allow a garage
addition 10 ft from street
right-of-way where 25 ft is re-
quired at 1440 Rogers st, Breeze
Hill, Blk A, Lot 11, zoned RS 8
(single Family Residential) .
V 92-52
II. Board and staff Discussion
III. Adjournment
DCAB
Item C - continued to the meet-
ing of November 12, 1992.
II.
III. Adjourned at 2:21 p.m.
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10/22/92