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Development Code Adjustment Board
Minutes
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, February 24, 1994 - 1 :00 p.m. - Commission Meeting Aoom,
City Hall, 3rd floor - 112 South Osceola Avenue, Clearwater, Florida
Pledge of Allegiance and Invocation
To consider requests for variances of the Land Development Code:
I. Public Hearings
ITEM A - (continued from 2-10-94) City of Clearwater for a variance of 28 parking
spaces to permit a new City facility to be built providing 0 additional parking spaces where
28 additional parking spaces are required at 1900 Grand Ave, Marymont Replat, Part of
Tract A (subparcel 9), zoned IL (Limited Industria\). V 94-06
Action:
Withdrawn by applicant.
1. Robert S. Walsh for variances of (1) 5 ft to permit a dock 15 ft from extended
property line where 20 ft Is required; (2) 4.65 ft to permit a dock width of 26 ft where
21.35 ft is permitted; and (3) 9.5 ft to permit a dock length of 40 ft where 30.5 ft is
permitted at 2.82 BavsJde Dr, Bayslde Sub #4, Lot 1 and riparian rights, zoned RS 8 (Single
, Family Residential) and AL/C (Aquatic Lands/Coastal). V 94-10
Action: Granted variances of: (#1) 1 it to permit a dock 19 it from extended property
line; (#2) .65 it to pormlt a dock width of 22 it and (#3) 7.5 it to permit a dock length of
38 h 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(s) shall be obtained within six (6) months from the date of this public hearing.
2. William O. & Carol S. Bennett for a variance of 5 % to permit 30oA:>> open space for
the lot where 35% Is required at 2Q1 Bavside Dr, Bayslde Sub #4, Unit A, Blk 2, Lot A,
zoned RS 8 (Single Family Residential). V 94-11
Action: Granted as requested subject to the following conditions: 1J 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 8 variance. Deviation from any of the above documents submItted
OCAB Action
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02/24/94
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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 following land Development Code Amendment was also considered:
An Ordinance of the City of Clearwater, Florida, relating to. the Land Development
Code; amending section 40.367, Code of Ordinances, to delete certain setback and building
, , separation requirements in the Beach Commercial Zoning District; providing an effective
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Action: Recommended approval with the cisar understanding that the Pelican Walk
Development will not be reconsidered.
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, Action:
Approval of Minutes of February 10, 1994
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t;~,~i',':"" The meeting was adjourned at 3:38 p.m.
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:~'\\' '.' " DcAB Action 2 02/24/94
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Approved as submitted.
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DEVELOPMENT CODE ADJUSTMENT BOARD
February 24, 1994
Members present:
Alex Pliska, Chairman
Emma C. Whitney, Vice-Chairman
Otto Gans
John B. Johnson
Joyce E. Martin
Also present:
Miles Lance, Assistant City Attorney (arrived 2:25 p.m.)
Scott Shuford, Central Permitting Director
Gwen J. Legters, Staff Assistant II
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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
Hearin'g 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.
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In 'order to provide continuity, the items will be listed in agenda order although not necessarily
discussed in that order.
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Public Hearings
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ITEM A - (continued from 2-10-94) City of Clearwater for a variance of 28 parking
spaces to permit a new City facility to be built providing 0 additional parking spaces
where 28 additional parking spaces are required at 1900 Grand Ave, Marymont
Replat, Part of Tract A (subparcel 9), zoned IL (Limited Industrial). V 94-06
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In a letter dated February 23, 1994, Building and Maintenance Superintendent Steve Kelly
withdrew this request.
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, '. , .1. Robert S. Walsh for variances of (1) 5 ft to permit a dock 15 ft from extended
p"..';",' property line where 20 ft is required; (2) 4.65 ft to permit a dock width of 26 ft
r. , where 21.36 ft is permitted; and (3) 9.5 ft to permit a dock length of 40 ft where
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;' " , 30.5 ft is permitted at 282 Bavslde Dr, Bayside Sub #4, Lot 1 and riparian rights,
,... ,zoned RS 8 (Single Family Residential) and AL/C (Aquatic Lands/Coastal). V 94-10
:':";>.II,~...,'.:i,:..:,:" ' , Central Permitting Director Shuford explained the application in detail, stating the applicant
, wishes, due to the nature and size of his boat, to construct a dock with a roof to replace an
%'~:;',:: ' " "existing dock at his single-family home. Staff noted, while the proposed structure exceeds the
X::;>. ,': 'dimensio'ns of adjacent docks, the request Is similar to other previous approvals on the same
;}~'J:," ,'~ 'street. Mr, Shuford stated having dock variances heard by the Pinellas County Water and
i;";'>: Navigational Control Authority is under consideration.
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, DCAB Minutes
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2/24/94
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Michael Evans, marine cOl1tractor representing the applicant, responded to questions. He stated
he obtained the signature of William F. Traynor, the left side property owner and submitted a
copy to the Board. He stated the owner wishes to center the proposed dock on his property to
have a minimal impact on his neighbors. By extending it to reach water of sufficient depth for
his boat, the proposal will have a minimal environmental impact. He stated the proposed 12-foot
width is standard for a dock with a lift and the roof will have a one~foot overhang.
Discussion ensued regarding what is existing in the area and what is proposed. It was indicated
the City Harbormaster reviewed the request and did not feel the dock would pose a navigational
hazard.
Discussion ensued regarding Pinellas County's requirements for dock applications.
A number of concerns were expressed. The request was not felt to be the minimum and
discussion ensued regarding alternate designs. It was stated the only impact would be to the
two adjacent property owners, who both signed off on the application. It was indicated any
hardship is self-imposed due to a boat being purchased which is too large for the property;
however, it was felt homeowners should be allowed reasonable freedom in their choice of boats.
Concerns were expressed with the proposal extending seven feet farther than the adjacent dock
to the left and with continuing to grant variances as homeowners buy progressively larger craft.
Based upon the information furnished by the applicant, Ms. Whitney moved to grant #1, a
variance of 1 ft to permit a dock 19 ft from extended property line and #2, a variance of .65 ft
to permit a dock width of 22 ft 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 boat and the shape of the property 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(s) shall be obtained within six (6) months from the date of this public hearing. The
motion was duly seconded and carried unanimously.
Discussion ensued regarding the length of the proposed dock. It was felt the pie-shaped lot,
narrowing toward the back, creates a hardship for the owner and he should be allowed to have
a dock length similar to other properties in the area. In response to a question, Mr. Evans stated
the dock length could be scaled down to 38 feet.
Based upon the information furnished by the applicant, Ms. Whitney moved to grant #3 variance
#3, for 7.5 ft to permit a dock length of 38 ft because the applicant has substantially met all of
the standards for approval as listed in Section 45.24 of the Land Development Code, more
speciiically because, the variance is the minimum necessary to overcu"flt:J iilt' hardt:lhip created
by the length of the owner's boat 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
DCAB Minutes
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2/24/94
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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. Pliska and Gans voted
"aye"; Ms. Martin and Mr. Johnson voted "naytt. Motion carried.
2. William O. & Carol S. Bennett for a variance of 5% to permit 30% open space for
the lot where 36% is required at 201 Bavside Dr, Bayside Sub #4, Unit A, Blk 2, Lot
A, zoned RS 8 (Single Family Residential). V 94-11
Central Permitting Director Shuford explained the application in detail, stating the applicants wish
to construct a circular driveway in the front yard area of their single-family home, which is
currently being remodeled. The addition of the proposed driveway, along with the addition of
41 0 square feet of living space to the existing house, exceeds the open space requirements for
the site. Staff indicated the variance does not appear to comply with the standards for approval.
However, it was noted amendments are being considered to the dimensional requirements on
Clearwater Beach in the RS-8 zoning district and the applicant's proposal would be consistent
with these recommended changes.
Discussion ensued regarding whether or not reducing the open space requirements is appropriate
on lots of this size.
Carol Sue Bennett, the owner/applicant, stated there is a lot of traffic on her street and the
driveway is needed to provide off-street parking for her and her family. She said the addition
is being done tastefully and the circular drive will compliment the house.
In response to questions, Ms. Bennett stated the two-car garage is used for exercise equipment
and storage. She stated she purchased the house in December, 1992 and upon applying for
building permits to remodel, she was advised it would be better to tear down what existed and
build a home from scratch, elevating to meet FEMA requirements. She said she did not think
about having a circular drive at that time.
Concern was expressed with the property being fully developed, leaving no additional space for
the driveway. Ms. Bennett stated there are multi-story homes in the area: however, it is difficult
for her to go up and down stairs and she tried to build as much as possible on one level.
Discussion ensued regarding open space, landscaping requirements and the back-out traffic
hazard., A question was raised regarding the concept of self-imposed hardships. This application
was not felt to be any more self-imposed than many other hardships for which variance~ are
granted. Concern was expressed with not using the garage for parking cars.
Based upon the information furnished by the applicant, Ms. Martin moved to grant the variance
a!! !'!!~!!e!!!:ed becau~c tha appliCant has substantially rrllji ijil ur ii I~ standards for approval as
listed in Section 46.24 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
and the particular physical surroundings, shape, or topographical conditions of the property
involved and the strict application of the provisions of this development code would result in an
DCAB Minutes
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2/24/94
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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, p\ans, 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, Mses. Martin and Whitney and Mr. Plisko
voted "aye"; Messrs. Gans and Johnson voted "nay". Motion carried.
The following land Development Code Amendment was also considered:
Ordinance 5551~94, an Ordinance of the City of Clearwater, Florida, relating to the
Land Development Code; amending section 40.367, Code of Ordinances, to delete
certain setback and building separation requirements in the Beach Commercial Zoning
District~ providing an effective date.
Mr. Shuford discussed the proposed ordinance, indicating there are concerns that developments
on Clearwater Beach, by having parking in front, are losing their pedestrian oriented nature. The
proposed ordinance would allow fronts of businesses to line up, eliminate some of the
differences in setback requirements for residential and non~residential structures, and eliminate
the separation distance requirement within a development.
In response to a question, Mr. Shuford indicated the focus is in shifting the buildings toward the
front of a property, placing the required parking in the rear. Details of the proposal were
discussed. A question was raised whether or not this ordinance would automatically legalize
existing buildings with non~conforming front setbacks in this zone. . Mr. Shuford res'ponded that
it would.
Lengthy discussion ensued regarding how the proposed amendment would affect the Pelican
'Walk application for a nine~foot driveway. Mr. Shuford stated he received direction from the City
Commission to come back to the DCAB and to staff to see if the safety issues concerning this
property could be worked out and whether DCAB would modify their decision and allow the
driveway. He indicated the driveway will be approved if the ordinance is passed.
Strong opposition was expressed to changing the Board's decision regarding the Pelican Walk
proposal. It was felt the nine~foot drive is not appropriate.
Assistant City Attorney Lance arrived at 2:25 p.m.
A request was made to remove the first paragraph on the staff transmittal sheet referring to the
reconsideration of the Pelican Wa\k development prompting staff to bring forward this
amendment, originally proposed in 1992.
. Mr. Johnson moved to recommend approval of the ordinance to the City Commission with the
clear understanding that the Pelican Walk Development will not be reconsidered. The motion
was duly seconded and upon the vote being taken, Ms. Martin, Messrs. Pliska and Johnson
voted "ayen.; Ms. Whitney and Mr. Gans voted nnay". Motion carried.
DCAB Minutes
4
2f24/94
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II. Approval of Minutes of February 10, 1994
Ms. Whitney moved to approve the minutes of February 10, 1994, in accordance with copies
submitted to each board member in writing. The motion was duly seconded and carried
unanimously.
III. Board and Staff Discussion
d" Mr. Shuford reported revised standards of approval will be brought forward for
consideration in March.
Q" Discussion ensued regarding recent Hearing Officer appeals as follows:
In response to a question, Attorney Lance discouraged having a Board member speak during a
public hearing appeal, stating offering testimony with less than the full board present could be
considered to be a conflict of interest.
Regarding the Magnolia Street dock appeal hearing, (V 93-66, 11-17-93), it was noted Attorney
lance stated as part of his argument that there was great and lengthy deliberation by the
Development Code Adjustment Board and they did not make their decision tightly. The Board
voiced its appreciation of these comments.
Discussion ensued regarding the cruise ship appeal hearing. (V 93-86. 11/17/93)
Q' Discussion ensu'ed with regard to the pros and cons of having appeals of DCAB decisions
heard by the City Commission instead of the State Hearing Officer. Mr. Shuford indicated Mr.
Pliska's comments during the presentation of the annual report to the Commission helped them
get a better perspective of this subject. He stated there is some concern among the City
Commissioners with regard to the timing of this issue due to the controversial nature of tho
upcoming Pelican Walk appeal. Strong unanimous consensus of the Board was for the appeal
procedure to remain as it is.
&" Mr. Shuford reported he has learned there are several rules of survey relating to drawing
extended property lines. Staff will not be changing the previously established method.
" ' Concern was expressed with the City's practice of placing legal advertisements in the
Tampa Tribune, even though it is less expensive, because it was felt the Tribune does not reach
as many local readers. '
Q' , Discussion ensued regarding Board Rules and Procedures as follows:
Mr. Shuford presented a copy of a portion of the Planning and Zoning Board's rules and
procedures. Discussion ensued regarding Article Vl(a) 1-13 concerning the rules of presentation
for public hearings. The Board supported saving time by cutting down on excessive conversation
by setting time limits for all speakers.
DCAB Minutes
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Mr. Gans moved to adopt the Planning and Zoning Board's rules of presentation for public
hearings Article Vl(a.) 1-13 as submitted by staff and incorporate It into the rules and procedures
for the Development Code Adjustment Board. The motion was duly seconded and carried
unanimously.
Referring to a February 4 memo, Mr. Shuford suggested adding a paragraph to the rules
regarding modification of conditions. He indicated the language draws a distinction between this
and reconsideration of a variance. While it was indicated there could be circumstances where
reviewing imposed conditions is justified, the Board felt caution was in order. Staff was
requested to report what action is taken by the Planning and Zoning Board related to this issue.
Q" A question was raised regarding the status of the variances granted to Louis D'Amico and
Howard Jimmie's TruCK Parts for which time extensions were granted (V 92-49; 10/28/93 and
V 92-56; 11/17/93). Mr. Shuford indicated if applicants do not act on their variances within the
specified time limit, the variances expire. Staff is to investigate.
-Discussion ensued regarding how the Sunshine Law is applied to DCAB public hearing
items. While it was felt that past cases may by discussed off the record, Mr. Lance noted those
cases could still come back before the same board. He recommended using common sense and
not discussing pending matters out of the sunshine.
'IV~ Adjournment
::~<,{C,,"The meeting' was adjourned at 3:38 p.m.
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Chairman
DEVELOPMENT CODE ADJUSTMENT BOARD
Attest:
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