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Development Code Adjustment Board
Minutes
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DEVELOPMENT CODE ADJUSTMENT BOARD ACTION
Thursday, April 28, 1994 - 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:
). Time Extensions
1. Austin Wand Emma C Whitney for variances of (1) 9.9 percent to
allow 51.9 percent building coverage where 42 percent is permitted; (2) 4.5
percent to allow 30.5 percent open space for the lot where 35 percent is
required; (3) 7.7 percent to allow 32.3 percent open space for the front yard
where 40 percent is required; and (4) 10ft to allow construction 15 ft from
front property line where 25 ft is required at 756 Eldorado Ave, Mandalay Sub,
Blk 4, Lot 2 and riparian rights, zoned RS 8 (Single Family Residential). V 93-15
Action:
Granted a six-month time extension to October 13, 1994.
JI.
Public Hearings
ITEM A - (continued from 3~24-94 & 4-74-94) Charles C. &. Mary A. Carter for
variances of (1) 5 ft to permit a side setback of 10ft where 15 ft is required; (2) 10
ft to permit entrance steps 25 ft from a street right-at-way (3rd Ave) where 35 ft is
required; (3},5 ft to permit a residential structure 30 ft from a street right-of-way (3rd
Ave) where 35 ft is required; (4) 10ft to permit a garage structure 25 ft from a street
right-of-way (3rd Ave) where 35 ft is required; and (5) 6 ft to permit 19 ft at
vegetative buffer where 25 ft is required at 2671 Third Ave, Chautauqua Unit No 1 -
See A, Blk 44, Lots 1-6, 21-26, and part of lots 7 & 20, zoned RS 2 (Single Family
Residential). V 94-13
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 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) the requisite building permitts) shall be
obtained within six (6) months from the date of this public hearing 3) these variances
shall be contingent upon the acceptance of the petition to annex the property by the
City Commission and 4) a unity of title declaration for the associated lots shall be
recorded.
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ITEM B _ (cont from 3-24-94 & 4-14-94J Sun Watch, Inc for a variance of 2.2
ft to permit a structure 92.2 ft in height where 90 ft is allowed at 670 Island Way,
Sec 5-29-15, M&B 31.011, zoned RM 28 (Multi-Family Residential). V 94-14
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 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 n'o effect and 2) the requisite building permit(s) shall be
obtained within six (6) months from the date of this public hearing.
2. Clearwater Neighborhood Housing Services, Inc for a variance of 437 sq ft
to permit the construction of a detached single family dwelling unit on a lot with an
area of 4,563 sq ft where 5,000 sq ft is required at 700 Nicholson Street, Ira E.
Nicholson's Add to Clearwater, Blk 1, Lot 5, and part of Lot 6, zoned RM 8 (Multi-
Family Residential). V 94-18
Action: 'Granted as requested subject to the fol/owing 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 following Land Development Code Amendment was also considered:
Ordinance No. 5557-94 (cont from 3-24-94 & 4-14~94) Of the City of
, Clearwater, Florida, relating to the Land Development Code; amending Section 45.24,
, Code of Ordinances, to revise the standards for the approval of variances; providing
an effective date.
A ction:
Continued to the meeting of May 12, 1994.
III. Approval of Minutes of April 14, 1994 - Approved as submitted.
IV. Board and Staff Discussion
, , V.
Adjournment - Adjourned at 3:20 p.m.
DCAB Action
2
04/28/94
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{I,~":: '",,'"' " . 1.' Austin Wand Emma C Whitney for variances of (1) 9.9 percent to
'::~',:'I'", ~lIow 51.9 percent building coverage where 42 percent is permitted; (2)
4.5 percent, to allow 30.5 percent open space for the lot where 35
percent is required; (3) 7.7 percent to allow 32.3 percent open space for
. the' front yard where 40 percent is required; and (4) 10ft to allow
construction 15 ft from front property line where 25 ft is required at 756
Eldorado Ave, Mandalay Sub, Blk 4, Lot 2 and riparian rights, zoned RS
: 8, (Single Family Residential). V 93~15
, . The, applicants' are requesting a time extension because of legislation on FEMA bills this year
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Tt/:,:' ' , ",' ", In' 'accordance with the applicants' request, Ms. Martin moved grant a six-month time
;,;}::,;: ';,: e,' , ,'extension to October 13, 1994. The motion was duly seconded and upon the vote being
::;'~(,:'::': ' ,',taken, Ms. Martin, Messrs. Pliska, and Gans voted "ayen; Ms. Whitney abstained. Motion
t::::: <':,: " carried.
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DEVELOPMENT CODE ADJUSTMENT BOARD
Aprif 28, 1994
Members present:
Alex Plisko, Chairman
Emma C. Whitney, Vice-Chairman
Otto Gans
Joyce E. Martin
Members absent:
John B. Johnson (excused)
Also present:
Miles Lance, Assistant City Attorney
Scott Shuford, Central Permitting Director
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 siJpport the appeal.
,In order to provide continuity, the items will be listed in agenda order although not
necessarily discussed in that order.
L
, Time Extensions
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DCAB Minutes
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04/28/94
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Public Hearings
ITEM A - (continued from 3-24-94 & 4-14-94) Charles C. & Mary A. Carter for
variances of (1) 5 ft to permit a side setback of 10ft where 15 ft is required;
(2) 10ft to permit entrance steps 25 ft from a street right-of-way (3rd Ave)
where 35 ft is required; (3) 5 ft to permit a residential structure 30 ft from a
street right-of-way (3rd Ave) where 35 ft is required; (4) 10ft to permit a
garage structure 25 ft from a street right-of-way (3rd Ave) where 35 ft is
required; and (5) 6 ft to permit 19ft of vegetative buffer where 25 ft is
required at 2671 Third Ave, Chautauqua Unit No 1 - See A, Blk 44, Lots 1-6,
21-26, and part of lots 7 & 20, zoned RS 2 (Single Family Residential), V 94-13
Central Permitting Director Shuford explained this item was continued to allow time to amend
the application; relocating the proposed structure five feet closer to the water.
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Charles Carter, the owner/applicant, stated all three of the surrounding property owners
support the request. Discussion ensued regarding the adjustments that were made to the
proposal. In response to a question from Mr, Carter, it was indicated these changes were
correctly advertised.
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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 variances arise from a condition which is unique to the property and not caused by the
owner or applicant and the variances are the minimum necessary to overcome the hardship
created subject to the following conditions: 1) This variance is based on the application for
a variance and documents submitted by the applicant, including maps, plansl 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) the requisite building permit(s) shall be
obtained within six (6) months from the date of this public hearing 3) these variances shall
be contingent upon the acceptance of the petition to annex the property by the City
Commission and 4) a unity of title declaration for the associated lots shall be recorded, The
motion was duly seconded and carried unanimously.
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ITEM B - (cont from 3-24-94 & 4-14-94) Sun Watch, Inc for a variance of 2.2
ft to permit a structure 92.2 ft in height where 90 ft is allowed at 670 Island
Way, See 5-29-15, M&B 31.011, zoned RM 28 (Multi-Family Residential). V
94-14
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, Central Permitting Director Shuford stated this item was continued due to a tie vote. He
stated he discussed the request with the Victor Chodora, the City's Building Official, who
indicated it is possible to adjust the air flow and the width of the vent material to fit within
the space permitted. Mr. Chodora suggested a 12-foot height bonus is more appropriate for
structures with parking underneath because parking garages typically have wide spans and
larger supporting beams are needed.
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Chairman Pliska questioned if the Code specifies how many stories may be built within certain
building heights. Mr. Shuford stated il does not. It was noted the Code does not guarantee
a certain number of living units per acre. Mr. Shuford agreed, stating the numbers in the Code
reflect the maximum allowable, not a guaranteed number. He said staff is trying to eliminate
the practical difficulties caused by the Code and discussion ensued regarding the suggestion
to raise the height bonus from 10 to 1 2 feet.
Carlton Ward, attorney representing the applicant, gave a brief history of the application. He
explained two to three more inches are needed between floors to allow for the installation of
adequate air conditioning duct work while maintaining the required 7.5 foot ceiling height.
He stated the proposed building is designed to maximize the view from each unit on the
irregularly shaped property. The proposal will blend with the surroundings and will not tower
over adjacent structures. He listed the heights of other buildings in the area.. stating the
proposal will not be detrimental or injurious nor will it impair adequate light or air from nearby
structures. Mr. Ward stated the applicant is not primarily trying to maximize the financial
return of the building. He stated the type of people who will live in these upscale units will
not expect an inferior air conditioning system. He submitted copies of the survey to the
Board.
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Discussion ensued regarding using soffits to carry duct work and other cases for which height
variances were granted. It was noted the other tall buildings in the area were constructed
prior to the current code.
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Ernie Shreve, contractor representing the applicant, gave a technical explanation of various
types of duct systems.. stating he uses mixing boxes for a very quiet system with maximum
air flow, While he agreed soffits could be effectively used with some systems, he felt his
design requires dropping the entire ceiling to best serve the rooms with wide expanses.
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Discussion ensued with regard to the different types of floor plans and how many air handlers
are used for each. There was some discussion of concentrating on one of two floors the units
with taller ceiling requirements; however, the building design will not allow this. Mr. Ward
questioned if the Board was more receptive to allowing a taller, narrower building with more
open space on the lot. The Board indicated they were not. Discussion ensued regarding the
differences between the current application and a previous one where this had been allowed.
Concern was expressed with granting a variance when the building can be built without it.
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In response to questions, Mr. Ward stated the length of the building runs east to west to
preserve the most vista between buildings. He said the proposal is for nine floors over a
parking garage, with additional parking on the north side of the building.
Discussion ensued regarding the rationale of the height bonus, Mr. Shuford stated it is to
encourage having parking below the building, not to meet flood plain requirements. In
response to questions, Mr. Shuford stated this variance is clearly design related and there is
no reason why the applicant cannot design a building that meets Code. He stated the
pertinent question is whether or not the request is reasonable.
While it was agreed there does not appear to be a hardship in this case, it was felt the
presentation was very logical and the request extremely small in relation to the building size.
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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 not caused by the
owner or applicant and the variance is the minimum necessary to overcome the hardship
created by the need for an extra 2.2 feet to make the living conditions more comfortable
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.
2. Clearwater Neighborhood Housing ServIces, Inc for a variance of 437 sq ft
to permit the construction of a detached single family dwelling unit on a lot
with an area of 4,563 sq ft where 5,000 sq ft is required at 700 Nicholson
Street, Ira E. Nicholson's Add to Clearwater, Blk 1, Lot 5, and part of Lot 6,
zoned RM 8 (Multi-Family Residential). V 94-18
Central Permitting Director Shuford explained the application in detail, stating a blanket
variance was granted in October, 1993, to allow redividing nine substandard lots to make
seven lots which meet the minimum size for that zone. He indicated, after this was done, part
of one lot was dedicated as City right-of-way for Nicholson Street and Margo Avenue, causing
a 437 square-foot shortage in the required 5,000 square foot lot size.
Jerry Spilatro, representing Clearwater Neighborhood Housing Service (CNHS), gave an
overview of what the program has done in the last two years in the North Greenwood
neighborhood. He displayed a map of the area highlighting the sites where new homes are
now occupied, under construction, or proposed. He stated many more families have been
approved and are waiting for suitable iots. Mr. Spilatro displayed a map of the nine lots prior
to replatting. He stated the homes are 1,200 square feet have three bedrooms and two
baths.
Miriam McCoy, the property owner, stated it took a while to find a lot and a design she could
afford and she is ecstatic with the opportunity to buy a new home.
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, more specifically because,
the variance arises from a condition which is unique to the property and not caused by the
owner or 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
DCAB Minutes
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04/28/94
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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.
The following Land Development Code Amendment was also considered:
Ordinance No. 5557-94 (cant from 3-24-94 & 4-14-94) Of the City of
Clearwaterl Florida, relating to the land Development Code; amending Section
45.24, Code of Ordinances, to revise the standards for the approval of varianc-
es; providing an effective date.
Discussion ensued regarding the proposed ordinance, Concern was expressed the proposed
standards for approval do not address hardship or minimum. Mr. Shuford said he left out
references to a minimum variance, preferring to address whether or not the application is
reasonable.
A question was raised why the standards need to be changed when the Board has a good
record of having their decisions affirmed by the state Hearing Officer. Discussion ensued
regarding the rationale of combining, clarifying and simplifying the standards for approval. It
was agreed that requests may differ from one site to the next and each should be considered
on its own merits.
Assistant City Attorney lance stated the proposed standards will make it easier to get a
variance, will lead to more variance requests and fewer appeals. In response to a question,
he stated the new standards are more relaxed and not as conducive to preparing a strong
appeal case because the terms "special circumstances" and "reasonable use" are subject to
interpretation by the Hearing Officer. Discussion ensued regarding these two terms and the
potential for a lenient interpretation.
In response to questions, Mr. Shuford gave a brief history of his background in code work,
stating he has spent a lot of time trying to make the City"s land Development Code more
closely fit reasonable cases. The Board supported the philosophy of changing the Code rather
than continuing to grant the same variances.
Concern was expressed with making the approval standards so broad that control of the
, process is lost. Mr. Shuford stated is was not the intent to make the standards less
restrictive, but to better reflect the actual process in granting a variance. He said he did not
want the Board to feel their decisions would be more likely to be overturned and he would
continue to work on the standards. He suggested dropping standard #3 relating to financial
,interest and amending the language in two of the remaining standards. In response to a
question, Mr. Shuford stated the City Commission approved the variance standards
amendment on consent as they feel there are internal inconsistencies in the current language.
Consensus of the Board was to continue discussion of this item to the meeting of May 12,
1994. Staff was requested to provide copies of the suggested changes in writing.
DCAB Minutes
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04/28/94
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III.
Approval of Minutes of April 14, 1994
Ms. Whitney moved to approve the minutes of April 14.. 1994, in accordance with copies
submitted to each board member in writing. The motion was duly seconded and carried
unanimously.
IV. Board and Staff Discussion
In response to a question concerning the Pelican Walk project, Mr. Shuford stated they have
abandoned plans for the controversial driveway and have changed the site plan to
accommodate Eckerd's by moving the drive further to the south.
Discussion ensued regarding the Hearing Officer having upheld the Board's decision regarding
the cruise ship case (Clearwater Bay Marine Ways, V 93-86 - 11/17/94). He stated the
Hearing Officer had difficulty deciding what the parking requirements are and encouraged the
. Board to read the report.
Ms. Whitney moved to change the meeting schedule to one meeting per month during the
months of June, July, August, September and October. The motion was duly seconded.
Discussion ensued regarding the motion. It was felt the Board could be seeing more activity
due to the reduction of the application fee. Concern was expressed a long agenda takes up
an entire afternoon, having a serious impact on the members' business schedules,
Due to confusion with the roll call vote, discussion of this item was continued to the next
, meeting. Staff is to investigate and report the number and timing of the variance applications
filed over the past couple of years.
Regarding the single board issue, Mr. Shuford stated it has been suggested to let the Planning
and Zoning Board handle both requests when applications for a conditional use and a variance
are received at the same time. It was felt that both boards have too much business to justify
changing to one board.
..
V. Adjournment
The meeting was adjourned at 3:20 p.m.
g:9~
Chairman
Attest:
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.1l0ad Rs!.porte1:~
OCAB Minutes
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04/28/94
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