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06/24/1993 (2) CA B DEVELOPMENT CODE ADJUSTMENT BOARD DATE ACTION AGENDA DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, June 24, 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 7 1. Michael E. Fortney for variances of (1) 25 ft to allow a carport 0 ft from street right-of--way where 25 ft is required; and (2) 13 ft to allow a porch 12 ft from street right-of-way where 25 ft is required at 705 Crest Ave S, Boulevard Pines, Blk D, part of Lots 16 & 17, zoned RS 8 (Single Family Residential). V 93-43 Action: Denied. II. Approval of Minutes of June 10, 1993 Approved as submitted. III. Board and Staff Discussion ' IV. Adjournment The meeting was adjourned at 1:55 p.m. may. iW 114.x?, / DCAB Action 1 06/24/93 DEVELOPMENT CODE ADJUSTMENT BOARD June 24, 1993 Members present: Emma C. Whitney, Vice-Chairman Otto Gans John B. Johnson Joyce E. Martin Members absent: Alex Plisko, chairman (excused) Also present: Miles Lance, Assistant City Attorney Sandy Glatthorn, Senior Planner Mary K. Diana, Assistant 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. Michael E. Fortney for variances of (1) 25 ft to allow a carport 0 ft from street right-of-way where 25 ft is required and (2) 13 ft to allow a porch 12 ft from street right-of-way where 25 ft is required at 705 Crest Ave S, Boulevard Pines, Blk D, part of Lots 16 & 17, zoned RS 8 (Single Family Residential). V 93-43 Senior Planner Glatthorn explained the application in detail, stating the applicant wishes to construct a carport and a porch addition within the front setback of his single-family residence. It was indicated the applicant considers the variance justified due to there being insufficient distance on either side of the house for the proposed addition. Ms. Glatthorn stated this is not a unique condition in the area and the expansion could adversely affect the surrounding properties and the City in general. It was indicated the desire of the applicant to upgrade the value of his home would secure a greater financial return for the property and is not grounds for granting the variance. '? DCAB Minutes 1 06/24/93 ?., Michael Fortney, the owner/applicant, stated he has lived in the area for seven years. He indicated he and many of his neighbors were not aware of the limitations of building in the front of the property. He said the homes were built in the 1950's and were grandfathered in the 19701s. Mr. Fortney said his home is one of the five, out of 24, houses on the street without a garage. He felt the addition is needed to protect his family from inclement weather while going from the car into the house. Mr. Fortney presented five letters in support of the application. In response to questions, Mr. Fortney stated a former above-ground bomb shelter and a deck are located in the rear. He indicated a previously existing shed has been removed. Discussion ensued with it being felt the property owners, having lived in the area for a number of years, should know the limita- tions in building on their properties. Concern was expressed in approving this request as no hardship was shown and granting the variances would not enhance or protect the neighborhood. Code section 42.21 was read into the record and it was pointed out granting a variance that would increase a non--conformity is not in accordance with the spirit and intent of the code. Discussion ensued regarding the setbacks for the subject property and it was noted, the properties in this neighborhood were developed to allow larger rear yards. Mr. Fortney stated other properties without garages have room for expansion on the sides; however, he has a bedroom addition on the side of his home. In response to a question, Mr. Fortney said he parks in his driveway. A question was raised regarding repair of non-conforming struc- tures. Staff is to investigate. 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 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 variances are not the minimum; the granting of the variances would violate the general spirit and intent of this development code as expressed in Sections 35.04 and 35.05 and the present house, although non--conforming, has been grandfathered in and any addition in front would only increase the non-conformi- ty. The motion was duly seconded and upon the vote being taken, Mses. Whitney and Martin, Messrs. Gans and Johnson voted "aye"; Mr. Plisko was not present. Motion carried. ti DCAB Minutes 2 06/24/93 II. Approval of Minutes of June 10, 1993 Mr. Johnson moved to approve the minutes of June 10, 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 The new staff report format was reviewed and discussed. Ms. Glatthorn indicated the intent is to streamline the form for consistency and efficiency. Concern was expressed that sidewalk displays are again appearing on Clearwater Beach. It was indicated those businesses will be cited; however, there is currently no fine in place. Discussion ensued regarding the Code Enforcement process and it was stated there will be a study on how the City can more effectively enforce the Code. Discussion ensued in regard to Mr. Gionnis' complaint to Commis- sioner Thomas relating to his outdoor seating and large outdoor menu. Concern was expressed Commissioner Thomas was not aware of the history of Gionnis Plaza. Mr. Johnson requested the Board to consider starting each meeting with the Pledge of Allegiance and an invocation. Consensus was to follow this procedure with the members alternating turns in giving the invocation. The Assistant City Clerk reported the City Clerk Department will no longer be liaison to the Development Code Adjustment Board. This function will be performed by the Planning and Development Department. The City Clerk Department will continue to provide clerical support and advertise the public hearings. IV. Adjournment The meeting was adjourned at 1:55 p.m. ?,1?' Chairman ATTEST: Asst anCi.ty Clerk ?-' DCAB Minutes 3 06/24/93