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DCAB
DEVELOPMENT CODE AO.JUSTMENT BOARD
DATE 05/~'7,/9.3
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, May 27, 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
1. Paul B. Lokey for a variance of 9.5 ft to allow construction of
stairway 15.5 ft from street right-of-way where 25 ft is required at
831 Bay Esplanade, Mandalay Sub, Blk 39, Lot 3 and riparian rights,
zoned RS-a (single family residential). V 93-38
Action: Granted as requested subject to the following conditions: ~)
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 t:he applicant:s' request for a
variance. Deviation from any of the above documents submi t:t:ed in
support of the request: for a variance regarding the work to be done
with regard to t:he site or any physical st:ruct:ure located on the site,
will. result in t:his variance being null and of no effect:; 2) t:he
requisite building permit shall be obtained wit:hin one year from t:he
date of this public hearing.
2. Anthony K. Ellsworth for a variance of 36 ft to allow a dock 70 ft
in length where 34 ft is permitted at 819 Bay Esplanade, Mandalay Sub,
Blk 33, Lot 5, zoned RS-S (single family residential). V 93-39
Action: Granted as requested subject to the following conditions: ~)
the variance is based on the application for a variance and documents
submitted by the applicants, including maps, plans, surveys and other
documents submi tted 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,
wil.l result: in this variance being null and of no effect; 2) the
requisite building permit shall be obtained within six (6) months from
the date of this public hearing.
3. scot M. Trefz for variances (1) of 3 ft to allow perimeter
landscape buffer of 4 ft where 7 ft is required (eastern p/l) and of 5
ft to allow perimeter landscape buffer of zero ft \.,here 5 ft is
required (southern p/l); (2) of 3 ft to allow circulation aisle zero ft
from perimeter landscape where 3 ft is required and 2 ft to allow
parking space 1 ft from perimeter landscape where 3 ft is required; and
(3) to allow turf block or permeable concrete on circulation aisle at
rear of property at 125 S Belcher Rd, Sec lS-29-16, M&B 23.04, zoned CG
(general commercial). V 93-40
Action:
Continued to the meeting of June 10, 1993.
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4. David J. Gangelhoff for a variance of 2 ft to allow a fence 6 ft
in height here 4 ft is required at 405 N Ft Harrison Ave, Sec 09-29-15,
M&B 44.02; Ft Harrison sub, Lot 1; Jones' Sub of Nicholson, Blk 3, Lots
6-10; Hart's 2nd Addn, Blk 3, Lots 5-10, part of Lot 3, and part of
vacated alley, zoned CG (general commercial). V 93-41
Action: Granted a variance of 2 ft to allow a fence 6 feet in height
along the unaddressed areas and not along North Fort Harrison Avenue
subject to the following conditions: ~) the variance is based on the
application for a variance and documents submitted by the applicants,
including maps, plans, surveys and other documents submitted in support
of the applicants' request for a variance. Deviation from any of the
above documents submitted in support of the request for a variance
regarding the work to be done with regard to the site or any physical
structure located on the site, will result in this variance being null
and of no effect; 2) the undeveloped corner at the southwest part or
the property shall be planted with grass from the right-of-ways to the
"new" high wood fence on the east, the one story wood frame building on
the east and to the "new" 6-ft high wooden fence to the south of the
one-story wood frame building and that appropriate deterrents be
installed, (i.e. a chain barrier) to prevent parking in this developed
area and 3) the requisite building permit shall be obtained within 30
days from the date of this public hearing.
II. Approval of Minutes of May 13, 1993 was deferred.
( , III. Board and staff Discussion
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IV. Adjournment occurred at 2:56 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD
May 27, 1993
Members present:
Emma C. Whitney, Vice-Chairman
otto Gans
Joyce E. Martin
Members absent:
Alex Plisko, Chairman (excused)
John B. Johnson (excused)
Also present:
Miles Lance, Assistant city Attorney
Sandy Glatthorn, Senior Planner
Susan Stephenson, Deputy city Clerk
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Vice-Chairman at 1:00 p.m.
in the Commission Chambers of City Hall. She outlined the proce-
dures 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. She noted Florida law
requires any applicant appealing a decision of this Board to have
a record of the proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda
order although not necessarily discussed in that order.
I. Public Hearings
1. Paul B. Lokey for a variance of 9.5 ft to allow
construction of stairway 15.5 ft from street right-of-way
where 25 ft is required at 831 Bay Esplanade, Mandalay
Sub, Blk 39, Lot 3 and riparian rights, zoned RS-8
(single family residential). V 93-38
Senior Planner Glatthorn explained the application in detail,
stating the applicant wishes to demolish an existing house and
construct a new single family residence on the subject property.
The rise needed to meet the required flood elevation of the first
floor causes the proposed stairway to the front entrance to
encroach into the street right-oE-way setback.
Harry Cline, attorney representing the applicant, stated the FEMA
requirement causes a hardship and feels this is a minimum and
reasonable request.
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A question was raised regarding whether or not the location of
proposed in-ground pool had been approved, because moving
building forward could create the need for a greater variance.
Cline stated approval has not yet been obtained for the pool.
Three letters from adjacent property owners were submitted in
support of the application.
the
the
Mr.
Based upon the information furnished by the applicant, Ms. Martin
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 subject to the following
conditions: 1) the variance is based on the application for a
variance and documents submitted by the applicants, including maps,
plans, surveys and other documents submitted in support of the
applicants' request for a variance. Deviation from any of the
above documents submitted in support of the request for a variance
regarding the work to be done with regard to the site or any
physical structure located on the site, will result in this
variance being null and of no effect; 2) the requisite building
permit shall be obtained within one year from the date of this
public hearing. The motion was duly seconded and carried unani-
mously.
2. Anthony K. Ellsworth for a variance of 36 ft to
allow a dock 70 ft in length where 34 ft is permitted at
819 Bay Esplanade, Mandalay Sub, Blk 33, Lot 5, zoned RS-
8 (single family residential). V 93-39
Senior Planner Glatthorn explained the application in detail,
stating the applicant wishes to construct a dock extending to reach
water of sufficient depth for boat access. The request is
consistent with surrounding land uses as the docks on both sides of
the subject property and along this channel are approximately 70
feet long. Because the boat slip is parallel to the seawall and
tie poles are spaced 50 feet apart, there was concern regarding the
potential impact of the dock width on the adjoining property
owners. The applicant was asked to address the necessity for the
large boat slip.
Anthony Ellsworth, the owner/applicant, stated the tie poles could
be spaced closer, if necessary to alleviate concerns; however, he
wishes to have a large boat and the slip needs to be able to
accommodate it.
Gene Jerichow, marine contractor representing the applicant,
responded to a concern the left side property owner had not signed
off on the variance application. He stated that property is owned
by the city of clearwater and the city Harbormaster has reviewed
the aerial photographs and signed the permit application as not
being a navigation hazard.
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One adjacent property owner spoke in support of the application,
stating the subject property was an eyesore and he approves of the
improvements being made by the applicant.
Discussion ensued concerning whether or not the application is the
minimum. It was felt this is a reasonable request due to the trend
toward larger boats.
Based upon the information furnished by the applicant, Mr. Gans
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 subject to the fallowing
conditions: 1) the variance is based on the application for a
variance and documents submitted by the applicants, including maps,
plans, surveys and other documents submitted in support of the
applicants' request for a variance. Deviation from any of the
above documents submitted in support of the request for a variance
regarding the work to be done with regard to the site or any
physical structure located on the site, will result in this
variance being null and of no effect; 2) 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.
J. Scot M. Trefz for variances (1) of J ft to allow
perimeter landscape buffer of 4 ft where 7 it is required
(eastern p/l) and of 5 ft to allow perimeter landscape
buffer of zero ft where 5 ft is required (southern p/l) ;
(2) of J ft to allow circulation aisle zero ft from
perimeter landscape where J ft is required and 2 ft to
allow parking space 1 ft from perimeter landscape where
3 ft is required; and (3) to allow turf block or perme-
able concrete on circulation aisle at rear of property at
125 S Belcher Rd, See 18-29-16, M&B 23.04, zoned CG
(general commercial). V 93-40
In a letter dated May 27, 1993, the applicant requested a continu-
ance to allow time to meet with staff, clarify the construction and
site plans and to obtain the signature of the adjacent property
owner to the east.
Mr. Gans moved to continue this item to the meeting of June 10,
1993. The motion was duly seconded and carried unanimously.
4. David J. Gangelhoff for a variance of 2 ft to allow
a fence 6 ft in height here 4 ft is required at 405 N Ft
Harrison Ave, Sec 09-29-15, M&B 44.02; Ft Harrison Sub,
Lot 1; Jones' Sub of Nicholson, Blk 3, Lots 6-10; Hart's
2nd Addn, Blk 3, Lots 5-10, part of Lot 3, and part of
vacated alley, zoned CG (general commercial). V 93-41
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Senior Planner Glatthorn explained the application in detail,
stating the applicant wishes to construct a six-foot fence in the
Garden Avenue right-of-way setback to provide security for Gulf
Marine of Clearwater. On November 12, 1992, this variance was
granted subject to the condition the requisite building permit
being obtained within 30 days. The permit was not obtained and the
variance expired. She indicated the hardships are the need to
screen the outdoor storage areas, the non-conforming building on
the site and the need for security.
Robert W. Bell, representing the owner/applicant, stated
thefts and vandalism have not stopped despite the installation of
motion detectors; therefore, the new fence is needed for security.
He stated the existing fence is made of lightweight materials
because it was intended for beautification, not security.
Assistant Attorney Lance left the meeting at 1:34 p.m.
A question was raised regarding whether or not the applicant was
going to be able to meet the May 31 deadline for cleaning up the
property per an agreement with the city. Mr. Bell stated 69 boats
have been crushed and hauled away from the vacated alley and 20
more boats will be hauled off before the end of the month.
Concern was expressed that having dumpsters in the fire lane could
obstruct emergency vehicle access. Mr. Bell stated the dumpsters
are being used in the cleanup and the large loading/hauling
vehicles are not having problems with ingress/egress.
Discussion ensued regarding the present landscaping plan differing
from the original, hand drawn plot plan. It was indicated the
original plan was not accurate and was not accepted by the Board.
Concern was expressed with the appearance, due to weeds and litter,
on the southwest corner of the site and it was questioned what is
planned for this area. Mr. Bell said landscaping was installed,
but was stolen or destroyed by vandals and the grass has been
ruined by unauthorized public parking. He did not know what the
ultimate use of this corner will be, but felt it could be put to
good use as an employee parking area. Ms. Glatthorn indicated
certain requirements would have to be met in order to use this area
for parking.
Mr. Bell stated the project is undergoing the permitting procedures
to complete the work; however, cannot be completed without this
variance. He said he is trying to bring the property up to code
before beginning the beautification process. Completion of the
landscaping was delayed because he mistakenly thought permits were
needed for installing landscaping.
Ms. Whitney noted, as per Board policy, rules and procedures, three
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members must vote in favor of a request for it to be approvedj
therefore, the applicant would need the approval of all three
members present to obtain the variance. She offered Mr. Bell the
choice of aSking for a postponement to the next meeting or
proceeding with the request. Mr. Bell preferred to proceed with
the hearing, stating he wishes to complete the project as soon as
possible.
Based upon the information furnished by the applicant, Mr. Gans
moved to grant a variance of 2 ft to allow a fence 6 feet in height
along the unaddressed areas and not along North Fort Harrison
Avenue subject to the following conditions: 1) the variance is
based on the application for a variance and documents submitted by
the applicants, including maps, plans, surveys and other documents
submitted in support of the applicants' request for a variance.
Deviation from any of the above documents submitted in support of
the request for a variance regarding the work to be done with
regard to the site or any physical structure located on the site,
will result in this variance being null and of no effect; 2) the
undeveloped corner at the southwest part of the property shall be
planted with grass from the right-of-ways to the "new" high wood
fence on the east, the one story wood frame building on the east
and to the "newll 6-ft high wooden fence to the south of the one-
story wood frame building and that appropriate deterrents be
installed, (i. e. a chain barrier) to prevent parking in this
developed area and 3) the requisite building permit shall be
obtained within 30 days from the date of this public hearing. The
motion was duly seconded and carried unanimously.
II. Approval of Minutes of May 13, 1993
A request was made to change the wording in the motion on page 12
from "requirements of the Beach Task Force" to "recommendation of
the Beach Task Force."
Approval of the minutes was deferred due to concerns relating to
whether or not parking requirements have been met at the Pelican
Restaurant (V 93-36 - 5/13/93).
III. Board and Staff Discussion
Lengthy discussion ensued regarding whether or not a physical
inspection was done to determine if the parking requirements have
been met on the Pelican properties. It was indicated the city
Traffic Engineering Dep'artment is to perform the inspection next
week and Ms. Whitney asked to be present for the inspection. Mr.
Lance recommended that she not discuss any aspect of the case with
the applicant. He stated, according to the conditions of approval,
if the parking requirements are not met, the variance is not legal.
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Discussion ensued regarding the Gulf Marine/Gangelhoff property
being overburdened with debt due to the accumulation of fines
imposed by the Code Enforcement Board.
Discussion ensued regarding a memorandum of law from Mr. Lance to
state Hearing Officer Ayers regarding recent appeals by King Cole
Motel and L.O.M. Surf West, Inc. on May 11, 1993.
IV. Adjournment
The meeting was adjourned at 2:56 p.m.
ATTEST:
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