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04/08/1993 (2)CA DEVELOPMENT CODE ADJUSTMENT BOARD DATE C;7 ACTION AGENDA DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, April 8, 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 3125193) Dan's Island 1600 Condo Assoc, xnc, for a variance to allow a structure, consisting of a deck and steps, 26 ft seaward of the coastal construction control line at 1650 Gulf Blvd, Dan's Island on Sand Key Condo, zoned RM 28 (Multiple Family Residen- tial), OS/R (Open Space/Recreation), and AL/C (Aquatic Lands/Coastal). V 93-18 Action: Continued to the meeting of April 22, 1993. 1. Mt. Olive AME Church for variances of (1) 37 parking spaces (including 7 paved spaces) to allow 42 spaces where 79 spaces are required; and (2) 3.5 feet to allow a structure 11.0 ft from a side property line where 14,5 ft is required at 614 Jones 8t, Jones Sub of ra.. Nicholson's Addn to Clearwater Harbor, Blk 4, Lot 2 and S 1/2 vacated alley, Lots 3 through 6 and vacated alley between, zoned P/SP (pub- lic/semi-public) and CG (general commercial). V 93-14 Action: Granted as requested subject to the following conditions: 1) This variance is based on the application for a variance and documents submitted by the applicant, 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) all conditions imposed by the Development Review Committee shall be met prior to issuance of a certificate of occupancy and 3) the requisite building permit shall be obtained within one year from the date of this public hearing. 2. William A Day Trustee, for variances of (1) 21.5 ft to permit stairs 2.5 ft from side (south) property line where 24.0 ft is required; and (2) 15.6 ft to permit a building addition 9.4 ft from Clearwater Harbor where 25 ft is required at 473 East Shore Dr, Replat of Clearwater Beach Park First Addn, Blk C, Lots 6 and 7, zoned CB (beach commercial). V 93-22 DCAB Action 1 04/08/93 Action: Granted as requested subject to the following conditions: This variance is based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's 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. 3. Margaret O'Neill for variances of (1) 7 ft to allow a structure 3 ft from a rear property line where 10 ft is required; and (2) 4 ft to allow a structure 1 ft from a side property line where 5 ft is required at 1035 Osage St, Revised Plat of Navajo Park, Blk G, Lots 35 and 37, zoned RS 8 (single family residential). V 93--23 Action: Granted variance 11 as requested subject to the following conditions: This variance is based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's 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. Denied 12 for a variance to the west setback. 4. Everybody's Tabernacle, Inc. for variances (1) to permit office and storage trailers to remain as permanent structures; and (2) of 30 ft to permit structures 5 ft from Fairburn Ave and Cedar 5t right-of-way lines where 35 ft is required at 1120 N Betty Lane, Fairburn Addn, Blk F, Lots 1 through 14, zoned P/SP (public/semi-public). V 93-24 Action: Continued to the meeting of May 13, 1993. 11. Approval of Minutes of March 25, 1993 Action: Approved as submitted. III. Board and Staff Discussion IV. Adjournment Action: Adjourned at 2:31 p.m. DCAB Agenda 2 04/08/93 DEVELOPMENT CODE ADJUSTMENT BOARD April 8, 1993 Members present: Alex Plisko, Chairman Emma C. Whitney, Vice-Chairman Otto Gans John B. Johnson Joyce E. Martin (1:20 p.m.) Also present: Miles Lance, Assistant City Attorney Sandy Glatthorn, Senior Planner Ted Clarke, Planner II 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 Develop- ment 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 3125193) Dan's Island 1600 Condo Assoc, Inc, for a variance to allow a structure, consisting of.a deck and steps, 26 ft seaward of the coastal construc- tion control line at 1650 Gulf Blvd, Dan's Island on sand Key Condo, zoned RM 28 (Multiple Family Residential), oS/R (Open Space/ Recreation) •, and AL/C (Aquatic Lands/Coastal) . V 93--18 This item is being continued to the meeting of April 22, 1993, in order to allow time to advertise an increase in the variance request. Ms. Whitney moved to continue this request to the meeting of April 22, 1993. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Plisko, Gans and Johnson voted "aye"; Ms. Martin was not present. Motion carried. 1. . Mt. Olive AME Church for variances of (1) 37 parking spaces (including 7 paved spaces) to allow 42 spaces where 79 spaces are required; and (2) 3.5 feet to allow a structure 11.0 ft from a side property line where 14.5 ft is required at 614 Jones St, Jones Sub of Nicholson's Addn to Clearwater Harbor, Blk 4, Lot 2 and S 1/2 vacated alley, Lots 3 through 6 and vacated alley between, zoned P/SP (public/semi-public) and CG (general commercial.). V 93-14 DCAB Minutes 1 04/08/93 Senior Planner Sandy Glatthorn explained the application in detail stating the applicant wishes to expand an existing church by adding a new 5,440 square foot building and 7,200 square feet of parking spaces. The proposed new building will consist of classrooms, a kitchen and a conference room. Four existing houses on the site are proposed to be removed to provide grass surface parking area. The Development Review Committee has approved the final site plan and a conditional use to permit non-commercial parking was granted. Willie Johnson and Todd Mills, representing the applicant, stated permission to park in the subject lot has been obtained from the County and the purchase of additional lots is being negotiated. Discussion ensued regarding whether or not there is justification to grant the variances and a copy of the building plans was requested. (This item was continued to 1:50 p.m. to allow the representative time to present a copy of the plans.) Willie Johnson presented copies of the site plan and building plans for the record, stating the additional space is needed for classrooms and to accommodate the growing congregation. In response to questions, he stated there are approximately 430 members and he anticipates from 40 to 100 new members every fiscal year, with 75 percent average attendance. He indicated the original sanctuary will not be changed and the old houses will be torn down when the new addition is built. It was indicated many people live within walking distance of the church and bus transportation is also available. Based upon the information furnished by the applicant, Ms. Martin moved to grant the variances as requested because the applicant has substan- tially 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 particular physical surround- ings, shape, or topographical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant subject to the following conditions: 1) This variance is based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's 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) all conditions imposed by the Development Review committee shall be met prior to issuance of a certificate of occupancy and 3) the requisite building permit shall be obtained within one -year from the date of this public hearing. The motion was duly seconded and carried unanimously. DCAB Minutes 2 04/08/93 2. William A Day, Trustee, for variances of (1) 21.5 ft to permit stairs 2.5 ft from side (south) property line where OV`4 24.0 ft is required; and (2) 15.6 ft to permit a building addition 9.4 ft from Clearwater Harbor where 25 ft is required at 473 East Shore Dr, Replat of Clearwater Beach Park First Addn, Blk C, Lots 6 and 7, zoned CB (beach commercial). V 93.22 Mr. Plisko declared a conflict of interest with regard to this case. Planner Ted Clarke explained the application in detail stating the applicant was previously granted the necessary variances to build a second floor addition to his property (V 92-53, 14/8/92). The applicant now proposes to square off and enclose the northeast corner of the building and add a stairway for second floor access. William Day, the applicant, explained the variances previously granted are virtually identical to the current request; however, his desire to square off the corner of the building was considered to be a substan- tial change in the building plans. Although the change does not materially affect the variances which were granted, standard condition #1 indicates deviation from plans submitted with the application will invalidate the variances. Discussion ensued regarding what was existing and what is now proposed. Concern was expressed with extending a non-conformity and with the height and size of the structure. In response to questions, Mr. Day stated this is a two-story, single family home and the addition will be used by his family, not for an additional motel room. He said placing a stairway inside the present footprint would take five feet from the interior living space and he feels having the stairway in the proposed enclosure will be more convenient. In addition, the wrap-around deck will be smaller than shown at the time of the original approval. Mr. Day indicated this is his home and it will be attractive when it is finished. He agreed the structure is large; however, as it is located next to a high-rise apartment, did not feel it is excessive for the area. Based upon the information furnished by the applicant, Mr. Johnson moved to grant the variances 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 are the minimum necessary to overcome the hardship created by the size of the lot subject to the following conditions: 1) This variance is based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's 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 upon the vote being taken, Ms. Whitney, Messrs. Gans and Johnson voted "aye"; Ms. Martin voted "nay" and Mr. Plisko abstained. Motion DCAB Minutes 3 04/08/93 2. William A Day, Trustee, for variances of (1) 21.5 ft to permit stairs 2.5 ft from side (south) property line where 24.0 ft is required; and (2) 15.6 ft to permit a building addition 9.4 ft from Clearwater Harbor where 25 ft is required at 473 East Shore Dr, Replat of Clearwater Beach Park First Addn, Blk C, Lots 6 and 7, zoned CB (beach commercial). V 93--22 Mr. Plisko declared a conflict of interest with rf.gard to this case. Planner Ted Clarke explained the application in detail stating the applicant was previously granted the necessary variances to build a second floor addition to his property (V 92-53, 10/8/92). The applicant now proposes to square off and enclose the northeast corner of the building and add a stairway for second floor access. William Day, the applicant, explained the variances previously granted are virtually identical to the current request; however, his desire to square off the corner of the building was considered to be a substan- tial change in the building plans. Although the change does not materially affect the variances which were granted, standard condition #1 indicates deviation from plans submitted with the application will invalidate the variances. Discussion ensued regarding what was existing and what is now proposed. Concern was expressed with extending a non-conformity and with the height and size of the structure. In response to questions, Mr. Day stated this is a two-story, single family home and the addition will be used by his family, not for an additional motel room. He said placing a stairway inside the present footprint would take five feet from the interior living space and he feels having the stairway in the proposed enclosure will be more convenient. In addition, the wrap-around deck will be smaller than shown at the time of the original approval. Mr. Day indicated this is his home and it will be attractive when it is finished. He agreed the structure is large; however, as it is located next to a high-rise apartment, did not feel it is excessive for the area. Based upon the information furnished by the applicant, Mr. Johnson moved to grant the variances 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 are the minimum necessary to overcome the hardship created by the size of the lot subject to the following conditions: 1) This variance is based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's 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 upon the vote being taken, Ms. Whitney, Messrs. Gans and Johnson voted "aye"; Ms. Martin voted "nay" and Mr. Plisko abstained. Motion DCAB Minutes 3 04/08/93 carried. 3. Margaret OFNeill for variances of (1) 7 ft to allow a structure 3 ft from a rear property line where 10 ft is required; and (2) 4 ft to allow a structure 1 ft from a side property line where 5 ft is required at 1035 Osage St, Revised Plat of Navajo Park, Blk G, Lots 36 and 37, zoned RS 8 (single family residential). V 93-23 Planner Ted Clarke explained the application in detail stating the applicant wishes to construct a detached garage and storage shed on an existing concrete pad where another garage once stood. Staff indicated the variances do not appear to be justified as there are no physical barriers on the site that would restrict the driveway and concrete pad from being extended away from the property line. David Sietsma, owner/applicant, stated this is an older neighborhood and his house was built around 1937. Numerous nearby properties have detached garages near the property lines. He purchased the property with the intention of restoring the former garage; however, it was demolished and removed without his knowledge a few days before he closed on the property. Mr. Sietsma stated several fruit trees would have to be removed or relocated if the proposed structure were shifted away from the property lines. He indicated the proposed garage is in character with the surroundings, will be aesthetically pleasing and will not be materially detrimental to other properties. Discussion ensued regarding what was existing and the current proposal. In response to questions, Mr. Sietsma stated the new structure will be smaller than the original and the small shed is to be used for storage of lawn and gardening tools. He said he owns a furniture refinishing business in St. Petersburg, but does not do the refinishing work himself and no business will operated from the proposed garage. 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 45.24 of the Land Development code more specifically because, the variance arises from a condition which is unique to the property and not caused by the owner or applicant; is the minimum necessary to overcome the hardship created by the removal of the original garage subject to the following conditions: 1) This variance is based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's 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 (G) months from the date of this public hearing. w. DCAB Minutes 4 04/08/93 The motion was duly seconded and upon the vote being taken, Mses. Whitney and Martin voted "aye"; Messrs. Plisko, Gans and Johnson voted "nay". Motion failed. Based upon the information furnished by the applicant, Ms. Whitney moved to grant variance #1 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 are not caused by the owner or applicant and the variance is the minimum necessary to overcome the hardship created by the removal of the original garage subject to the following conditions: 1) This variance is based on the application for a variance and documents submitted by the applicant, 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 (G) months from the date of this public hearing. The motion was duly seconded and carried unanimously. Based upon the information furnished by the applicant, Mr. Gans moved to deny #2 for a variance to the west side setback 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; no unnecessary hardship was shown; the variance is not the minimum and the granting of the variance would violate the general spirit and intent of this development code as expressed in Sections 35.04 and 35.05, specifically in connection with the non-conformity. The motion was duly seconded and carried unanimously. 4. Everybodyfs Tabernacle, Inc. for variances (1) to permit office and storage trailers to remain as permanent struc- tures; and (2) of 30 ft to permit structures 5 ft from Fairburn Ave and Cedar St right-of-way lines where 35 ft is required at 1120 N Betty Lane, Fairburn Addn, Blk F, Lots 1 through 14, zoned P/SP (public/semi-public). V 93-24 This item is to be continued because the applicant is requesting additional variances. Ms. Whitney moved to continue this item to the meeting of May 13, 1993, to allow time to readvertise. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Plisko, Gans and Johnson voted Faye"; Ms. Martin was not present. Motion carried. DCAB Minutes 5 04/08/93 II. Approval of Minutes of March 25, 1993 Mr. Johnson moved to approve the minutes of March 25, 1993, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. III. Board and Staff Discussion Mr. Johnson questioned the construction on Druid Road for Dr. Salisbury and whether parking requirements will be met. Staff will investigate. Discussion ensued regarding negative Board comments being made to the applicant or representative while the case is being presented. It was the consensus of the Board to hold comments until Board discussion. In response to a question as to whether applicants may speak after the Board enters discussion, it was stated they may only respond to a specific question asked by a Board member. IV. Adjournment The meeting was adjourned at 2:31 p.m. Chairman ~x ATTEST: Deputy City.Cle k r ".. DCAB Minutes 6 04/08/93 f' DA7l: ON wHIC'll VOIT' OCC'UHHIt) 7/ f!a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NANIV.- I-IRS1 NAME--hln)IX11 NAME NAM OF BOARD. COUNCIL, COMMISSION, AUl HORtlY.OR CONIM11-11:1: NIAl1.ITG Ai)t)Ht:Fti T IIF ROARD. COUNCIL. COMMISSION. AU7 110911 Y OR C'Ohlhil l'l LF ON lt'HICII I SrRVE IS A UNIT OF,, A( '9-?CtlY 0 COUNTY 0 07111:R I.OC'AI. AGI:N0' C11) COUNl1' NA hl It OF110 I. IIICAL SUBpIVINION: C-i b u t G L? k Zu?d L Sly POSITION Is: VI-11CIM: Ok AI'1'OINTIVI: WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and noel-advisory bodies who are presented with a voting conflict of iluerest under Section 112.3143, Florida Statutes. Your responsibilities tinder the law when faced with it incasurc in which you have a conflict of interest will vary greatly depending oft whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE; WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST A135'f Ain' from voting on a measure which inures to his special private gain. Hach elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organisation or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohihited from voting ill that capacity. For purposes of this law, it "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity' engaged in or carrying on a business enterprisc with the officer as a partner, joint venturer, coowner of property, or corporate Sharcholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO '1 HE VOTE BEING TAKEN by publicly stating to the assembly the nature of your intCrCSt in the pleasure on which you are abstaining from voting: purr! WiTtliN 15 DAYS AF FER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you roust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether nuide by you or at your dircctiol. IF YOU INTEND TO MAKE ANY AT"I'EMPTTO INF-LUIINCE- THE DECISION PRIOR '1'O'ItiE NIEE:TING AT WHICH THE VOTE WI-1- BE TAKEN: You must corlipicle and file this form (before making any attempt to influence Elie decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. + A copy of the form must be ptv6vided knincdiately to the other members of the :sgency. • The form must be read publicly at the next nieeting after the form is filed. C1: FORM M1 1 10.91 K\(;v I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DEC19ION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minut•/"- the meeting, who must incorporate the forth in the minutes, A copy of the form must be provided immediately to the o, members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST - L' I? LZ hereby disclose that on r U , 19 1 (a) A measure came or will come before my agency which (check one) inured to my special private gain; inured to the special gain of my business associate, ; inured to the special gain of my relative, ; inured to the special gain of , ? - - ?- , by whom I am retained, or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows; /? Ir?1??'" I?1 / 7 7"?G7? ,PX0 o S -/,? 77?65- t-7X (c?PN G n ,P,v cry 1 I?? n C 3 Date Filed 7-z:) , which Signature NOTICE: UDDER PROVISIONS OF FLORIDA STATUTES §112,317 (1991), A FAILURE -1-0 MAKE ANN' RE:Q1. ,I? DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE F01.1.0\?-n:G: IMPEACHMENT, REMOVAL. OR SUSPENSION FROM OFFICE Olt EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL. PENALTY NOT" L-O EXCEED 1550M. 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