02/11/1993 (2)
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DCAB
DEVELOPMENT CODE ADrJUSTMENT BOARD
DATE 0.2/1/ /9..'3
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
.
Thursday, February 11, 1993 - 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 1/28/93) George E and Mary Jane Collins to
permit a motor home to be parked within setback area from a street
right-of-way at 1944 Ripon Dr, Fair Oaks 1st Add, Lot 23, zoned RS 8
(Single Family Residential). V 92-63
Action: Granted subject to the following conditions: 1) the motor
home shall be parked on the west side of the property where it is
presently parked; 2) a legal hedge shall be installed to screen the
motor home and 3) this variance shall be limited to the time the
collins' occupy the home. '
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Item B - (continued from 12/10/92 & 1/28/93) Brian G Salisbury for
variances of (1) 1.37 ft to allow a minimum lot width of 58.63 ft where
60 ft is required; (2) 2 ft to allow a landscaped buffer 3 ft in width
where 5 ft is required (east property line); and (3) 5 ft to allow zero
landscape buffer where 5 ft is required (west property line) at 505
Druid Rd, Sec 16-29-15, M&B 44.01, 44.011, and vacated street, zoned OL
(Limited Office)., V 92-65
Action:
continued to the meeting of Feburary 25, 1993.
Item C - (continued from 12/10/92 & 1/28193) Tom M sehlhorst (Tom
Sehlhorst 1nc) for variances of (1) 8.09 ft to allow building 1.91 ft
from (west) side property line; (2) 14.51 ft to permit building 10.49
ft from a street right-of-way (spruce st); (3) 0.01 to permit floor
area ratio of 0.31; (4) 1 percent building coverage to permit 31
percent building coverage; and (5) 12 parking spaces to permit 12
spaces in lieu of the 24 spaces required at 61~ Palm BlUff st, Palm
Bluff 1st Add, Lots 26, 28, and 30, zoned eN (Neighborhood commercial).
V 92-67
Action: Denied variances #1 and #5.
Granted variances #2 and #4 subject to the condi tion the
requisite building permit shall be obtained within six (6) months from
the date of this public hearing. Withdrew variance #3.
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Item 0 - (continued from 12/10/92 & 1/14/93) Ramchandra Rand Rashmi
Jakhotia (xing Cole Motel) for a ,variance of 7 parking spaces to permit
an additional 14 live-aboard vessels with zero additional parking
spaces provided at 401 East shore Dr, Barbour Morrow Sub, B1k C, Lot 14
and part of Lot 13, zoned CB (Beach Commercial) and AL/C (Aquatic
Lands/Coastal). V 92-69
Action:
Denied.
Item E - (continued from 1/14/93) scott M Trefz (Gulf Bay Animal
Hospital) for variances of (1) 6.25 ft to permit a building addition
3.75 ft from side property line where a 10 ft setback is required; (2)
7 ft to permit a building separation of 13 ft where 20 ft is required;
and (3) 13 parking spaces to allow 15 spaces where 28 spaces are
required at 125 S Belcher Rd, See 18-29-16, M&B 23.04, zoned CG
(General commercial). V 93-02
Action:
continued to the meeting of Feburary 25, 1993.
Item F - (continued from 1/14/93 lie 1/28/93) Searstown Partners Ltd
(Food Lion at Searstown) for variances of (1) 206 parking spaces to
allow 480 spaces where 6B6 spaces are required; and (2) 60 ft to permit
a structure (loading dock) 15 ft from street right-of-way where 75 ft
is required at 1219-1293 S Missouri Ave, F E Hanousek's Sub, part of
, Lots 11 and 12, zoned CC (Commercial Center). V 93-03
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Action:
Denied.
Item G - (continued from 1/28/93) Ginez Holdings, Inc (Ho Jo Inn) for
a variance of 5 parking spaces to permit 10 new marina slips with zero
additional parking spaces provided at 656 Bayway Blvd, Bayside Sub No
5, Blk A, Lots 15 thru 20, and riparian rights, zoned CR 28 (Resort
commercial) and AL/C (Aquatic Lands/Coastal). V 93-10
Action:
Denied.
1. City of Clearwater (Infrastructure) for a variance of 14 ft to
allow a chain link fence 20 ft in height where 6 ft is permitted at
1650 N Arcturas Ave, See 1-29-15, Pinellas Groves SW 1/4, part of Lots
27 and 28 and a portion of vacated road on south; and See 12-29-15,
pinellas Groves NW 1/4, part of Lots 5 and 6 and vacated 15 ft on
north, zoned IL (Limited Industrial). V 93-11
Action:
withdrawn by applicant.
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2. Carlouel Point corp/stella F Thayer and Thompson L Rankin for
variances of (1) 66 in to allow a gate 96 in in height where 30 in is
permittedj and (2) 3 ft to allow a zero ft setback where 3 ft is
required at 1098 Mandalay Point Rd, a strip of land known as Palmer
Hayward Reserved as described on plats of Mandalay Point Sub and
Mandalay Point Sub 1st Add, zoned RS 4 (Single Family Residential).
V 93-12
Action:
Continued to the meeting of February 25, ~993.
II. Board and Staff Discussion
III. Election of Officers'
IV. Adjournment
The meeting was adjourned at 4:15 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD
February 11, 1993
Members present:
Alex Pliska, Chairman
Emma C. Whitney, Vice-Chairman
otto Gans
John B. Johnson
Members absent:
John W. Homer
Also present:
Miles Lance, Assistant city Attorney
victor Chodora, Building Division Director
Sandy Glatthorn, Senior Planner
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. PUblic Hearings
Item A - (continued from 12/10/93, 01/14/93 & 1/28/93)
George E and Mary Jane Collins to permit a motor home to
be parked within setback area from a street right-of-way
at 1944 Ripon Dr, Fair Oaks 1st Add, Lot 23, zoned RS 8
(Single Family Residential). V 92-63
George cOllj,ns, owner and applicant, stressed his history of
cooperation in this case and gave a brief history. He said several
recreational vehicles in driveways and front yard setbacks in the
area were reported and cited as a result of a neighborhood feud.
He stated he parks his motor home in his yard for maintenance and
upkeep. When he appeared before the Code Enforcement Board, it was
recommended he request a variance. He can legally park the motor
home on the east side of his property; however, doing so would
seriously impact the neighbor's view and require the removal of a
beautiful, large tree and several shrubs. He indicated the current
parking location on the west side of the property is shaded,
partially concealed by landscaping, aesthetically pleasing and does
DCAB Minutes
02/11/93
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not impact any views. On an inside lot, no variance would be
required. Having two street setbacks on the corner lot causes a
hardship.
Two letters from property owners within 200 feet were submitted in
support of the application.
One letter from a property owner within 200 feet was submitted in
opposition to the application.
Concern was ex.pressed granting this variance would violate the
spirit and intent of the Code and set a precedent.
Discussion ensued about corner lots having restrictions not pla~ed
on interior lots and the dual setback requirement. It was felt
parking the motor home in its current location is more aesthetical-
ly pleasing than it would be on the east side of the property.
While avoiding a precedent was a major concern, it was indicated
uniqueness and individual hardship must be proven in each case.
Based upon the information furnished by the applicant, Ms. Whitney
moved to grant the variance as requested because the applicant has
substantially met all of the standards for approval as listed in
section 45.24 of the Land Development Code, more specifically
because, the variance arises from a condition which is unique to
the property and is not caused by the owner or applicant and the
variance is the minimum necessary to overcome the hardShip created
by being on a corner lot and the need to park on the west side
subject to the conditions: 1) the motor home shall be parked on
the west side of the property where it is presently parked; 2) a
legal hedge shall be installed to partially screen the motor home
and 3) this variance shall be limited to the time the Collins'
occupy the home. The motion was duly seconded and upon the vote
being taken, Ms. Whitney, Messrs. Pliska and Gans voted "aye"; Mr.
Johnson voted "nay". Motion carried. ReqUest qranted.
~~
Item B - (continued from 12/10/92 & 1/28/93) Brian G
Salisbury for variances of (1) 1.37 ft to allow a minimum
lot width of 58.63 ft where 60 it is required; (2) 2 it
to allow a landscaped buffer 3 ft in width where 5 ft is
required (east property line); and (3) 5 ft to allow zero
landscape buffer where 5 ft is required (west property
line) at 505 Druid Rd, See 16-29-15, M&8 44.01, 44.011,
and vacated street, zoned OL (Limited Office). V 92-65
This application was continued previously in order to obtain a site
plan. No site plan has been received.
Ms. whitney moved to continue this item to the meeting of February
25, 1993. The motion was duly seconded and carried unanimously.
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Item C - (continued from 12/10/92 & 1/28/93) Tom M
Sehlhorst (Tom Sehlhorst Inc) for variances of (1) 8.09
ft to allow building 1.91 it from (west) side property
line; (2) 14.51 ft to permit building 10.49 ft from a
street right-of-way (Spruce st); (3) 0.01 to permit floor
area ratio of 0.31; (4) 1 percent building coverage to
permit 31 percent building coverage; and (5) 12 parking
spaces to permit 12 spaces in lieu of the 24 spaces
required at 611 Palm Bluff st, Palm Bluff 1st Add, Lots
26, 28, and 30, zoned CN (Neighborhood Commercial).
V 92-67
senior Planner Glatthorn explained the application in detail
stating the existing development occurred without obtaining the
necessary permits and illegal uses exist on the property. It was
indicated structures on the subj ect property do not meet the
requirements for setback, floor area ratio, building coverage or
parking. Vacating a portion of Spruce street was not recommended
as the Florida Department of Transportation (FOOT) owns the right-
of-way adjacent to Spruce street and this additional right-of-way
may be needed in the future.
Ms. G1atthorn explained variance #3 was withdrawn because floor
area is a matter of density/intensity which may not be varied;
therefore, this variance request will be withdra\>Jn and the fee
refunded to the applicant.
,
'^,;! Victor Chodora, Director of the city Building Division, was
present, at the Board's request, to clarify what is proposed and
the existing conditions on the site. He supplied a brief history
of the case, stating the applicant has worked with staff over the
years to bring the property into compliance. The applicant is
having difficulty meeting the setback and parking requirements and
the necessary building permits cannot be issued until these
requirements are met.
Discussion ensued regarding the proposed parking plan, the history
and current uses of the various existing buildings on the subject
property.
Tom Sehlhorst, owner and applicant, stated he has owned property in
this deteriorated, high crime area for 17 years. He indicated
there have been a number of different uses of the subject property.
He cannot use any of the other 12 lots he owns for parking because
they are either too far away, or zoned incorrectly.
Questions were raised regarding parking ,and permitting requirements
and uses of specific buildings on the site. Mr. Chodora said when
calculating requirements, the site was considered as a whole in
order to avoid requesting variances piecemeal. Ms. Glatthorn
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indicated a proposed zoning change will make the existing uses more
~~~ conforming and the applicant may seek conditional uses to legalize
the uses.
In response to a question, Mr. Chodora stated variances #1 and #2
are for existing construction and proposed expansion.
The applicant was commended for improving the property.
Based upon the information furnished by the applicant, Mr. Johnson
moved to deny variances #1, #2, #4 and #5 as requested because the
applicant has not demonstrated he has met all of the standards for
approval as listed in Section 45.24 of the Land Development Code
because the hardship was caused by the owner or applicant; the
granting of the variances would be materially detrimental or
injurious to other property in the neighborhood and would violate
the general spirit and intent of this development code as expressed
in Sections 35.04 and 35.05. The motion was duly seconded and upon
the vote being taken, Messrs. Gans and Johnson voted lIayell; Ms.
Whitney and Mr. Plisko voted "nay". Due to a tie vote, consensus
of the board was to reconsider the decision.
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Based upon the information furnished by the applicant, Mr. Johnson
moved to deny variances #1 and #5 as requested because the
applicant has not demonstrated he has met all of the standards for
approval as listed in section 45.24 of the Land Development Code
because the hardship was caused by the owner or applicant; the
granting of the variances would be materially detrimental or
injurious to other property in the neighborhood and would violate
the general spirit and intent of this development code as expressed
in Sections 35.04 and 35.05. The motion was duly seconded and
carried unanimously. Variances #1 and #S denied.
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Based upon the information furnished by the applicant, Ms. whitney
moved to grant variances #2 and #4 as requested because the
applicant has sUbstantially met all of the standards for approval
as listed in Section 45.24 of the Land Development Code, more
specifically because, the variances arise from a condition which is
unique to the property and are not caused by the owner or applicant
and the variances are the minimum necessary to overcome the
hardship. The motion was duly seconded and upon the vote being
taken, Ms. Whitney, Messrs. Pliska, and Johnson voted "ayell; Mr.
Gans voted "nay". Motion carried. Variances #2 and #4 qranted.
Ms. Whitney amended the motion to include the condition 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. Whitney, Messrs. Pliska and
Johnson voted "aye"; Mr. Gans voted "nay". Motion carried.
Request qranted.
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Item D - (continued from 12/10/92 , 1/14/93) Ramchandra
Rand Rashmi Jakhotia (King cole Kotel) for a variance of
7 parking spaces to permit an additional 14 live-aboard
vessels with zero additional parking spaces provided at
401 East Shore Dr, Barbour Morrow Sub, Blk C, Lot 14 and
part of Lot 13, zoned CB (Beach commercial) and AL/C
(Aquatic Lands/Coastal). V 92-69
Senior Planner Glatthorn explained the application in detail
stating the applicant wishes to have 14 additional liveaboard boat
slips at an existing marina; however there is insufficient on-site
parking. The City Harbormaster does not support granting the
variance.
Harry Cline,' attorney representing the applicant, requested
clarification of the parking space requirement and it was indicated
one parking space is required for every two marina slips.
Mr. cline gave a history of the property, saying the facility has
22 boat slips and the applicant purchased the property in 1983. In
1985, the facility was grandfatherp-d for the eight liveaboard slips
occupied at the time instead of the marina's maximum capacity.
A conditional use for 22 liveaboard slips was approved in 1988
subject to the conditions a pump-out station be installed and
sufficient parking be provided, or a variance approved. The
applicant met the first condition and leased seven remote parking
spaces to satisfy the second condition.
Discussion ensued regarding the seven remote parking spaces. Mr.
Cline said the minutes of the 1988 conditional use hearing stated
parking could be provided elsewhere, or a variance obtained. staff
states parking must be adjacent to the subject property, although
it was not stated that way in the minutes, and remote parking does
not satisfy the condition.
Mr. Cline stated the applicant is not proposing to add anything,
but is trying to use what exists. He submitted an aerial photo-
graph of the area. He said not all marina users have cars and felt
the applicant should be allowed to use metered parking as is done
at the city marina.
Ramchandra Jakhotia, the owner/applicant, stated he has made many
improvements since he bought the property in 1983. Each liveaboard
is inspected prior to approval and there are sufficient sanitary
facilities to support the entire marina.
Bill Held, City Harbormaster, stated every marina is inspected
twice a year to ensure there is proper sewage disposal and adequate
parking. He stated most liveaboard residents have vehicles, which
impact parking more heavily than non-liveaboards. The applicant is
DCAB Minutes
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not being restricted from renting all 22 of his boat slips.
However, without on-site or adjacent parking, only eight slips may
be used for liveaboards.
Mr. Held responded to questions, stating liveaboards docking in
non-liveaboard slips may obtain a temporary permit which includes
free pump-out. They are required to have a holding tank with a
fixture that can be connected to sanitation facilities. There is
no way to monitor whether or not each liveaboard is pumped out
regularly and he depends on the manager of each facility to report
anyone illegally dumping sewage.
Based upon the information furnished by the applicant, Mr. Gans
moved to deny the variance as requested because the applicant has
not demonstrated he has met all of the standards for approval as
listed in Section 45.24 of the Land Development Code because no
unnecessary hardship was shown; the request for the variance is
based primarily upon the desire of the applicant to secure a
greater financial return from the property; the granting of the
variance would be materially detrimental or injurious to other
property in the neighborhood, detract from the appearance of the
communi ty, substantially increase the congestion in the public
streets, adversely affect the public health, safety, order,
convenience, or general welfare of the community and violate the
general spirit and intent of this development code as expressed in
sections 35.04 and 35.05. The motion was duly seconded and carried
unanimously. Request denied.
The meeting recessed from 3:00 p.m. to 3:10 p.m.
Item E - (continued from 1/14/93) Scott M Trefz (Gulf Bay
Animal Hospital) for variances of (1) 6.25 ft to permit
a building addition 3.75 ft from side property line where
a 10 ft setback is required; (2) 7 ft to permit a
building separation of 13 ft where 20 ft is required; and
(3) 13 parking spaces to allow 15 spaces where 28 spaces
are required at 125 S BelCher Rd, Sec 18-29-16, M&B
23.04, zoned CG (General Commercial). V 93-02
The applicant is to provide proper documentation of a leased
parking area for the subject property. This documentation has not
been received. Mr. Gans moved to continue this item to the meeting
of February 25, 1993. The motion was duly seconded and carried
unanimously.
Item F - (continued from 1/14/93 & 1/28/93)Searstown
Partners Ltd (Food Lion at Searstown) for variances of
(1) 206 parking spaces to allow 480 spaces where 686
spaces are required; and (2) 60 ft to permit a structure
(loading dock) 15 ft from street right-of-way where 75 ft
is required at 1219-1293 S Missouri Ave, F E Hanousek's
Sub, part of Lots 11 and 12, zoned CC (Commercial
Center). V 93-03
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Senior Planner Glatthorn explained the application in detail
stating the applicant wishes to reconfigure a major portion of an
existing, non-conforming parking lot in the Searstown shopping
center. The proposed changes to the parking lot include landscap-
ing, handicap parking, resurfacing, restriping and removal of non-
conforming parking spaces within the Lincoln Avenue right"of-way.
The City Traffic Engineering Department supports the proposed
parking layout.
In response to a question, it was indicated Food Lion could move in
without a parking variance; however, the aesthetic improvements are
desirable.
Charles ROdriguez, realtor representing the applicant, stated the
center was built in the early 1960's with different setback and
parking requirements. The proposal would improve the traffic
circulation pattern; howevert a number of parking spaces would be
lost to landscaping and increased setbacks. The proposal would not
change the exterior of the existing building except for the
addition of a loading dock in the rear. The parking lot could be
left as it is, but the applicant wants to upgrade.
Two citizens spoke in support of the application, stating nearby
residents need a grocery store in the area as many of them do not
have vehicles. There is a great deal of neighborhood support and
the project will be good for everyone.
.....~.
One letter from an adjacent apartment complex owner was submitted
in support of the application.
While acknowledging the need for the store and praunng the
proposed circulation pattern and landscaping, concern was expressed
about the substnntial reduction in parking. It was felt the
variance request is excessive and would not improve conditions in
the shopping center or the neighborhood. It was recommended some
consideration be given to tearing down the old, non-conforming
center and rebuilding to current standards.
Discussion ensued regarding the remaln~ng businesses and the
parking requirements in the center. Ms. Glatthorn stated 238
parking spaces would be lost to landscaping and setbacks. However,
approximately 30 percent of those spaces are located in the rear
and are never used.
Based upon the information furnished by the applicant, Mr. Johnson
moved to deny the variances as requested because the applicant has
not demonstrated he has met all of the standards for approval as
listed in section 45.24 of the Land Development Code because there
is no condition which is unique to the property; the hardship was
caused by the owner or applicant and the granting of the variances
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02/11/93
would violate the general spirit and intent of this development
f~~ code as expressed in sections 35.04 and 35.05. The motion was duly
seconded and upon the vote be ing taken, Ms . Whitney, Messrs.
Plisko, and Johnson voted Hayen; Mr. Gans voted llnaytl. Motion
carried. Request denied.
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Assistant city Attorney Lance returned at 3:40 p.m.
Item G - (continued from 1/28/93) Ginez HOldings, Inc (HO
Jo Inn) for a variance of 5 parking spaces to permit 10
new marina slips with zero additional parking spaces
provided at 656 Bayway Blvd, Bayside Sub No 5, Blk A,
Lots 15 thru 20, and riparian rights, zoned CR 28 (Resort
Commercial) and AL/C (Aquatic Lands/Coastal). V 93-10
Senior Planner Glatthorn explained the application in detail
stating the applicant wishes to add ten slips to an existing
motel/marina facility on Clearwater Beach. She stated a condition-
al use was approved in February, subject to conditions.
The city Traffic Engineering Department does not support granting
variances to parking on Clearwater Beach.
The city Harbormaster expressed concerns regarding meeting parking
and sanitary facility requirements if liveaboards are allowed.
Robert Moore, marine contractor representing the applicant,
referred to the Pinellas County Water Navigation Code, stating the
proposal is for a Category A marina which can only be used by the
residents of the motel. He indicated the expanded facility is
needed for the convenience of motel guests arriving by boat and
additional parking is not necessary. Mr. Moore stated the
applicant has no intention of leasing boat slips or having
liveaboards. The slips will be strictly for the use of the motel
residents.
Due to the presence of a yacht broker in the facility, concern was
expressed the applicant wishes to sell yachts on the premises. Mr.
Moore stated The Moorings, International, is a yacht charter and
brokerage association hired only to operate the marina and
supervise boat docking. The applicant does not allow yacht sales
from the marina. Ms. Glatthorn stated outdoor sales are not
permitted.
Discussion ensued regarding the parking situation. Mr. Moore felt
the proposal is in keeping with what other waterfront motel
operations are doing in the area.
Based upon the information furnished by the applicant, Mr. Gans
moved to deny the variances as requested because the applicant has
not demonstrated he has met all of the standards for approval as
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listed in Section 45.24 of the Land Development Code because there
is no condition which is unique to the property; no unnecessary
hardship was shown; the implied hardship was caused by the owner or
applicant; the variance is not the minimum; the granting of the
variance would substantially increase the congestion in the public
streets, violate the general spirit and intent of this development
code as expressed in sections 35.04 and 35.05. The motion was duly
seconded and carried unanimously. ReQUest denied.
1. City of Clearwater (Infrastructure) for a variance of
14 ft to allow a chain link fence 20 ft in height where
6 ft is permitted at 1650 N Arcturas Ave, Sec 1-29-15,
pinellas Groves SW 1/4, part of Lots 27 and 28 and a
portion of vacated road on south; and Sec 12-29-15,
pinellas Groves NW 1/4, part of Lots 5 and 6 and vacated
15 ft on north, zoned IL (Limited Industrial). V 93-11
This request was withdrawn by the applicant.
2. carlouel Point corp/stella F Thayer and Thompson L
Rankin for variances of (1) 66 in to allow a gate 96 in
in height where 30 in is permitted; and (2) 3 ft to allow
a zero ft setback where 3 ft is required at 1098 Mandalay
Point Rd, a strip of land known as Palmer Hayward
Reserved as described on plats of Mandalay Point Sub and
Mandalay Point Sub 1st Add, zoned RS 4 (Single Family
Residential). V 93-12
The applicant's representative requested a continuance to the next
meeting. Ms. Whitney moved to continue the item to the meeting of
February 25, 1993. The motion was duly seconded and carried
unanimously.
II. Board and Staff Discussion
In response to a question, it was indicated an appeal to the state
Division of Administrative Hearings was heard on February 3, 1993,
regarding the stinson case (V 92-46, 9/24/92). The final order is
to be issued within 30 days from the date of the appeal hearing.
Concern was expressed regarding construction in progress at the
Beach Place Motel (V 92-58, 1/14/93), for which a parking space
variance related to the construction of a real estate office on the
property was denied. Ms. Glatthorn stated the owner is converting
one of the smaller existing motel units into an office and this
conversion does not require additional parking.
Direction was requested relating to the format of ,the new staff
reports. Consensus was the table could be eliminated.
DCAB Minutes
02/11/93
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III. Adjournment
The meeting was adjourned at 4:15 p.m.
ATTEST:
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Assis
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V...c::uChairman .~
DCAB Minutes
10
02/11/93