11/12/1992 (2)
DCAB
DEVELOPMENT CODE ADJUSTMENT BOARD
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DATE
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DEVELOPMENT CODE ADJUSTMENT BOARD
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November 12, 1992
Members present:
Alex Plisko, Chairman
Emma C. Whitney, Vice-Chairman
John w~ Homer
Members absent:
otto Gans (excused)
John B. Johnson (excused)
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 - To consider requests for variances of the
Land Development Code:
Item A - (continued from 10/22/92) David J' Gangelhoff
(Gulf Marine of Clwr, FL) to permit variances of (1) an
unpaved 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 Commer-
cial). V 92-44
Senior Planner Glatthorn stated this application was continued in
order for the applicant to submit a scaled site plan, indicating
what is existing and what is proposed, as requested on September
24, 1992. She explained the applicant is requesting a variance to
the paving condition imposed by a state hearing officer at a
conditional usa permit appeal hearing in 1982. A fine of $25.00
per day has been accruing since May 26, 1992, ordered by the Code
Enforcement Board for ,non-compliance to the paving condition and
other conditions not specific to this request.
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Concern was expressed regarding the canopy extending to the
property line on Garden Avenue due to a 25-foot setback being
required. staff is to investigate whether or not the proper
approvals were obtained.
Robert W. Bell, representing the applicant, expressed concern
regarding staff's recommendation to remove the barbed wire from the
top of existing fences. The applicant wishes to retain a fence
height of six feet. It was indicated barbed wire is allowed in
certain areas of the City.
The Planning Official noted the requested variance will allow a
siX-foot fence height around the property except in the front yard
where the property is addressed.
In response to a question regarding the age, type and size of the
trees located in the boat storage area, Mr. Bell submitted a copy
of a letter from city Forester Alan Mayberry to the city Planning
services Division. Mr. Mayberry stated trees on the subject
property range in size from 9 inches to 26 inches in diameter. He
determined paving would have an adverse effect on the laurel oak
trees due to changing the soil Ph. He indicated the live oaks and
sabal palms could survive with limited paving if tree root feeders
were provided.
The letter from Mr. Mayberry was read into the record.
Discussion ensued regarding the boat storage area. Mr. Bell stated
the area is unsuitable for parking due to the soft sand; however,
the applicant cannot afford to pave this area. He is getting rid
of the old boats, cleaning up the area, and will no longer need the
area for boat storage. Mr. Bell feels the concii tion of the
property has improved drastically.
Based upon the information furnished by the applicant, Mr. Homer
moved to deny variance #1 as requested because the applicant has
not demonstrated he has met all of the standards for approval as
listed in Section 137.012(d) of the Land Development Code because
there is no condition which is unique to the property; no unneces-
sary hardship was shown and the hardship was caused by the owner or
applicant. The motion was duly seconded and carried unanimously.
Based upon the information furnished by the applicant, Mr. Homer
moved to grant #2, a variance of two feet to permit a fence six
feet in height along the unaddressed areas and not along North Fort
Harrison Avenue 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 the
neighborhood, which is the substantial crime, and was not caused by
the owner or applicant subject to the requisite fence permit being
obtained wi thin thirty (30) days from the date of this public
hearing. The motion was duly seconded and carried unanimously.
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Item B - (continued from 10/22/92) Robert L and Janet M
Schueszler for variances of (1) 6.5 ft to permit a lot
wiath 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
senior Planner Glatthorn stated this application was continued to
allow the property owners to appear before the board in support of
their case. She explained the request in detail, stating the
applicants wish to construct an attached garage in line with their
single family residence and in character with the surrounding
neighborhood.
Art Shand, representing the applicants, presented drawings of the
proposal. He stated the applicants desire an attached, wheelchair
accessible garage of sufficient size to accommodate two fUll-sized
cars. He stated the existing garage on the property is not large
enough for both cars and is being used to house equipment. He felt
the loss of storage space due to the removal of an old shed on the
property constitutes a hardship. In response to a question, Mr.
Shand stated the depth of the garage has been reduced to 35.5 feet.
Janet Schuesz ler, owner and applicant, stated the new garage
addition will look better, be less expensive to construct, more
convenient and will be built in line with the existing garage.
In response to questions, Mrs. schueszler indicated her husband is
.-- not currently confined to a wheelchair; however, has a condition
which could cause him to lose the use of his legs. She stated his
car could be equipped with hand controls if this occurred.
A question was raised if the new drawing represents any changes
from the original proposal. Mr. Shand stated the garage depth
originally requested has been reduced. He said the surrounding
property owners support the proposed addition and removal of the
old storage shed and feel this will improve the appearance of the
neighborhood.
One letter from an adjacent property owner was submitted in support
of the application.
Based upon the information furnished by the applicant, Ms. Whitney
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 a condition which is unique to
the property and not caused by the owner or appl icant and the
variances are the minimum necessary to overcome the hardship
created by the owner's health subject to the 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 applicant's request for
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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)
the 9-foot by 10-foot metal shed located in the northeast corner of
the rear yard shall be removed from the property; 3) the attached
garage shall be constructed to line up with the front and rear of
the house and 4) 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.
1. Howard R Jimmie (Howard Jimmie's Truck Parts) for
variances of (1) 15 ft to permit a zero it wide landscape
buffer between an industrial use and residential zoning
district; (2) 43 ft to permit development on a lot with
a width of 57 ft at setback line; and (3) 15 ft to permit
a building zero ft from a side property line abutting a
residential zone at 609 Seminole st, J.H. Rouse's Sub,
Blk 3, Lots 19 thru 21, zoned IL (Limited Industrial).
V 92-56
Senior Planner Glatthorn explained the application in detail
stating the applicant wishes to construct a concrete block storage
building connecting two existing buildings on a property which
currently contains an unsightly accumulation of salvageable
automobile parts and abuts the pinellas Trail. A portion of the
Spruce Avenue right-of-way is in the process of being vacated which
will allow the applicant to provide three stormwater retention
ponds and a 15-foot landscape buffer.
In response to questions, Ms. Glatthorn indicated water retention
and open space requirements will be met with the vacation of Spruce
Avenue.
Gordon Killion, representing the applicant, presented drawings of
the proposal and stated the addition will tie together two existing
buildings on a property which abuts the Pinellas Trail. He said
the variances are needed because the setback requirements changed
when the Pinellas Trail came in and was zoned residential. He
indicated the narrow lot width on seminole street presents a
hardship; however, the lot width will be increased when Spruce
Avenue is vacated.
Discussion ensued in regard to the number of parking spaces on the
property and concern was expressed this causes the establishment to
resemble a garage operation. Mr. Killion indicated the number of
doors dictate the number of parking spaces required. H~ indicated
the addition will have overhead doors for loading/access and will
be leased as dry storage.
It was felt if the request is approved, a condition should be added
that the variance be subject to final vacation approval of Spruce
Avenue.
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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 are the minimum necessary to overcome the
hardship of an older neighborhood now surrounded by the Pinellas
Trail subject to the conditions: 1) the applicant shall provide a
detailed landscape plan in accordance with Section 136.023 of the
Land Development Code; 2) the applicant shall apply new paint to
all exterior walls fronting on the Pinellas Trail; 3) the applicant
shall remove all junk vehicles within 90 days from the date of this
public hearing; 4) this variance shall be subject to final vacation
approval of a portion of Spruce Avenue and 5) 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. Reauest aranted.
Mr. Shuford arrived at 1:50 p.m.
2. David L and Susan M Zabor for a variance of 18 in to
permit a 4 ft wall to be erected in a structural setback
from a street right-of-way at 302 Lotus Path, corrected
Map of Harbor oaks, Lot 139 and part of Lot 137, zoned RS
6 (Single Family Residential). V 92-57
Planning Manager Shuford explained the application in detail
stating the applicant wishes to construct a decorative wall to
accent the entrance of their property located in a historic
district.
John Haggitt, attorney representing the applicant, stated the
proposed wall will replace an existing hedge at the entrance of the
property. The majority of the wall will be below 48 inches in
height except at the gate entryway of the house. He indicated the
48-inch height is for aesthetics and in keeping in character with
the surrounding neighborhood. He submitted a photograph of the
proposal.
Discussion ensued regarding whether or not the 48-inch height would
be sufficient to allow the desired light fixtures on the gateposts
or whether an additional variance is required. .' It was suggested
the applicant work with staff to determine how light fixtures may
best be incorporated into the wall design.
In response to a question, Mr. Haggitt stated there is no intent to
extend the wall around the property in the future.
Based upon the information furnished by the applicant, Mr. Homer
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 is the minimum necessary subject to the
conditions: 1) this variance shall be strictly for a 48-inch wall
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height and does not include any light fixtures and 2} the requisite
building permit shall be obtained within six (G) months from the
date of this pUblic hearing. The motion was duly seconded and
carried unanimously. Request qranted.
3. Beach Place Motel, Inc for a variance of three
parking spaces to permit zero parking spaces where three
are required at 301 S Gulfview Blvd, The Beach Place
Motel, a Condo, zoned CR 28 (Resort Commercial). V 92 -58
Senior Planner Glatthorn stated the applicant has reduced the
number of parking spaces being requested from three to two. She
explained the application in detail stating the applicant has
received conditional use approval to operate a real estate office
on the subject property. She stated all existing parking on the
site is nonconforming back out parking. Concern was expressed a
parking variance would result in overdevelopment of the site, given
the density of the property.
The City's Traffic Engineering Department does not support the
approval of this variance.
Harry Cline, attorney representing the applicant, stated this is a
small, foreign investor oriented, real estate business in a motel
with one parking space for each unit. He compared the property
with other hotel/motels in the area where parking is at a premium.
The owners are attempting to reuse and improve what is existing
rather than convert to another use. He felt the parking had been
grand fathered in. He said the applicant can provide two noncon-
forming parallel parking spaces in front of the office, indicating
there is adequate pUblic parking in the neighborhood. He said the
Clearwater Beach Blue Ribbon Task Force is encouraging "Mom and
Pop" motels.
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sid Bryant, representing the applicant, said he has been associated
with the property for ten years and has never seen a shortage of
parking as the majority of guests do not drive there.
Mr. Rollewski, owner and applicant, stated it is hoped this office
will attract foreign visitors to the area hotels/motels.
Based upon the information furnished by the applicant, Mr. Homer
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 not caused by the owner or applicant and what makes it
unique is the property and the surrounding area were developed
under different zoning codes and conditions, subject to the
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
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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 sitel will result in this
variance being null and of no effect and 2) the requisite building
permit shall be obtained within six (6) months from the date of
this public hearing.
Discussion ensued with it being strongly felt too many places on
Clearwater Beach have insufficient and/or backout parking. It was
felt continuing to grant this type of variance does not improve the
situation and is detrimental to the area.
There was no second.
Mr. Cline requested a continuance to the next meeting to allow time
to review the request.
Mr. Homer moved to continue this item to the meeting of December
10, 1992. The motion was duly seconded and carried unanimously.
4. Lakeside Corp (Lakeside Mobile Home Park/Robert
Trail) for a variance of 8 ft to permit a carport 2 it
from adjacent mobile home at 2165 Gulf to Bay Blvd, Lot
103, Sec 13-29-15, M&B 41.01, zoned RMH (Mobile Home
Park). V 92-60
Planning Manager Shuford explained the application in detail
stating the applicant wishes to reconstruct a carport to protect
his car. He stated a carport previously existed in the same
location; however, was removed by the owner/applicant to enable him
to park his recreational vehicle beside the mobile home.
Mark Madison, representing the applicant, stated the applicant
wishes to replace the carport that was removed. The proposed
carport will be the same size and of the same configuration as the
majority of carports in the trailer park.
Based upon the information furnished by the applicant, Mr. Homer
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 subject to the
condi tions: 1) the variance is based on the appl ication 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 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 granted.
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II. PUblic Hearing - To consider an application for the following
Land Development Code Text Amendment:
1. ordinance No. 5295-92 of the city of Clearwater,
Florida, relating to the Land Development Code; amending
Section 134.015, Code of Ordinances, relating to non-
conforming signs, and the criterta to be considered in
granting variances from the provisions thereof; providing
an effective date. (LDCA 92-20)
Mr. Homer moved to recommend approval of the proposed amendment.
The motion was duly seconded and carried unanimously.
II. Approval of Minutes of October 8, and October 22, 1992
Mr. Horner moved to approve the minutes of October 8, and october
22, 1992, in accordance with copies submitted to each board member
in ~riting. The motion was duly seconded and carried unanimously.
III. Board and Staff Discussion
Discussion ensued with regard to sending flowers to Board Member
Gans due to his recent illness.
IV. Adjournment
The meeting was. adjourned at 2:35 p.m.
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Chairman a
ATTEST:
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ACTION 1\GENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, November 12, 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
10/22/92) David J Gangelhoff
(Gulf Marine of Clwr, FL) to
permit variances of (1) an un-
paved vehicle (boat) storage
area; and (2) 2 it 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,
B1k 3, Lots 6 thru 10, zoned CG
(General commercial). V 92-44
Item B (continued from
10/22/92) 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
DCAB
I.
public Hearings - variances
Item A - Denied variance #1.
Granted #2, a variance of two
feet to permit a fence six feet
in height along the unaddressed
areas and not along Ft. Harrison
Avenue, subject to the requisite
fence permi t being obtained
within thirty (30) days from the
date of this public hearing.
Item B - Granted subject to the
following conditions: 1) the
variance is based on the appli-
cation for a variance and docu-
ments submitted by the appli-
cants, including maps, plans,
surveys and other documents sub-
mitted in support of the
applicants' request for a vari-
ance. 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 locat-
ed on the site, will result in
this variance being null and of
no effect; 2) the 9-foot by 10-
foot metal shed located in the
northeast corner of the rear
yard shall be removed from the
property; 3) the attached garage
shall be constructed to line up
with the front and rear of the
house and 4) the requisite
building permit shall be ob-
tained within six (6) months
from the date of this public
hearing.
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1. Howard R Jimmie (Howard Jim-
mie's Truck Parts) for variances
of (1) 15 ft to permit a zero ft
wide landscape buffer between an
industrial use and residential
zoning district; (2) 43 ft to
permit development on a lot with
a width of 57 ft at setback
line; and (3) 15 ft to permit a
building zero ft from a side
property line abutting a resi-
dential zone at 609 Seminole st,
J.H. Rouse's SUb, B1k 3, Lots 19
thru 21, zoned IL (Limited In-
dustrial). V 92-56
2 . Dav id L and Susan M Zabor
for a variance of 18 in to per-
mit a 4 ft wall to be erected in
a structural setback from a
street right-of-way at 302 Lotus
Pa th, Corrected Map of Harbor
Oaks, Lot 139 and part of Lot
137, zoned RS 6 (Single Family
Residential). V 92-57
3. Beach Place Motel, Inc for a
varian~e of three parking spaces
to permit zero parking spaces
where three are required at 301
S Gu1fview Blvd, The Beach Place
Motel, a Condo, zoned CR 28 (Re-
sort Commercial). V,92-58
4. Lakeside Corp (Lakeside Mo-
bile Home Park/Robert Trail) for
a variance of 8 ft to permit a
carport 2 ft from adjacent mo-
bile home at 2165 Gulf to Bay
Blvd, Lot 103, See 13-29-15, M&B
41.01, zoned RMH (Mobile Home
Park). V 92-60
DCAB
1. Granted subject to the fol-
lowing conditions: 1) the ap-
plicant shall provide a detailed
landscape plan in accordance
with section 136.023 of the Land
Development Code; 2) the appli-
cant shall apply new paint to
all exterior walls fronting on
the Pinellas Trail; 3) the ap-
plicant shall remove all junk
vehicles within 90 days from the
date of this public hearing; 4)
this variance shall be subject
to final vacation approval of a
portion of Spruce Avenue and 5)
the requisite building permit
shall be obtained within six (6)
months from the date of this
public hearing.
2. Granted subject to the fol-
lowing conditions: 1) this
variance shall be strictly for a
48-inch wall height and not in-
clude any light fixtures and 2)
the requisite building permit
shall be obtained within six (6)
months from the date of this
public hearing.
3. Continued to the meeting of
December 10, 1992.
4. Granted subject to the fol-
lowing conditions: 1) the vari-
ance is based on the application
for a variance and documents
submitted by the applican~s,
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
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II. PUblic Hearing - To consid-
er an application for the fol-
lowing Land Development Code
Text J\lnendment:
1. Ordinance No. 5295-92 of
the city of Clearwater, Florida,
relating to the Land Development
Code; amending section 134.015,
Code of Ordinances, relating to
nonconforming signs, and the
criteria to be considered in
, granting variances from the pro-
visions thereof; providing an
effective date. (LDCA 92-20)
III. Approval of Minutes of
october 8, and october 22,
1992
to the site or any physical
structure located on the site,
will result in this variance
being null and of no effect and
2) the requisite building permit
shall be obtained within six (6)
months from the date of this
public hearing.
II. Public Hearing - LDCTA
1.
Recommended
submitted.
approval
as
III. Approved as submitted.
IV. Board and Staff Discussion IV.
V.
Adjournment
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Adjourned at 2:37 p.m.
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