08/11/1994 (2)
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Development Code Adjustment Board
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, August 11, 1994 M 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
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Item A - (cant. from 7/28/94) Clearwater Neighborhood Housing Services, Inc.
for variances of (1) 8 ft to permit a setback of 17ft from a street right-of-way
(Jurgens St) where 25 ft is required; (2) 15 ft to permit a setback of 10ft from a
street right-of-way (Metto St) where 25 ft is required; (3) 32 ft to permit a minimum
lot depth of 78 ft where 110ft is required for a double frontage lot to allow a new
detached single family dwelling at 913 Jurgens St, Palm Park Raplat, Blk S, Lots 3
and 4, zoned RM 8 (Multi-Family Residential). V 94M40
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Actio'n: 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 and 2) the requisite building permit(s) shall be
obtained within six (6) months from the date of this public hearing.
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Item B - (cant. from 7/28/94) Steven R. and Carolanne Krakower/Red Ribbon
. Homestead for a variance of 7 parking spaces to permit zero additional parking spaces
required for a change of use to a Level " group care facility where 7 parking spaces
are required at 1109M1131 Pinellas St, Georgas Sub, Lots 2, 3, 13, 14 and 15, zoned
RM 12 (Multi-Family Residential). V 94M42
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Action:
Dismissed due to a change of use.
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1. Alan H. Tralins (cant. from 7114194) for a variance of 5 ft to permIt
construction of a home 20 ft from a street right-of-way (Eldorado Ave) at 1010
. Eldorado Ave, Mandalay Sub, Blk 69, Lots 8 & 9, land frollting the gulf and riparian
rIghts, zoned RS 8 (Single Family Residential). V 94-33
Action: . Continued to the meeting 01 November 10, 1994.
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08/11/94
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2. Grand Prix, Ltd. for a variance of 20 percent to permit 30 percent front
yard open space where 50 percent is required at 1880 Gulf-to-Bay Blvd, Sec 13~29-
15, M&B 23.06, 23.07 and Skycrest Unit 0, Blk A, part of Lot 5 & part of strip west
of Lot 5, zoned CG (General Commercia!). V 94-45
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 permit(s) shall be
obtained within six (6) months from the date of this public hearing and 3J the
applicant shall provide a five-foot landscape strip adjacent to Gulf~ To-Bay Boulevard
in areas not required for vehicular circulation, subject to approval by the City Traffic
Engineer.
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Board and Staff Discussion
AdjC?urnment ~ The meeting was adjourned at 3:08 p.m.
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DEVELOPMENT CODe ADJUSTMENT BOARD
August 11, 1 994
Members present:
Emma C. Whitney, Vice~Chair
Otto Gans
John B. Johnson
Joyce E. Martin
Members Absent:
Alex Pliska, Chair (excused)
Also present:
Miles Lance, Assistant City Attorney
John Richter, Senior Planner
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Chair at 1 :00 p.m. in the Commission
Chambers of City Hall. Ms. Martin lead the Pledge of Allegiance and Invocation. The
Vice:-Chair outlined the procedures and advised that anyone adversely affected by any
decision of the Development Code Adjustment Board may appeal the decision to an
Appoal 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.
'. . She 'also noted, as per Board policy, rules and procedures, three members must vote
. .'. in. favor of a request for it to be approved and an applicant has the choice of asking
. :' fo'r a postpon'ement to the next meeting or proceeding with the request.
.' In order to provide continuity, the i~ems will be listed in agenda order although not
..,'
...1. Public Hearings
, Item A - (cont. from 7/28/94) Clearwater Neighborhood Housing Services,
. .'. :,' Inc.'for variances of (1) 8 ft to permit a setback of 17 ft from a street right-
, of-way. (Jurgens St) where 25 ft is required; (2) 15 ft to permit a setback
. of 10ft from a street right-of-way (Metto 8t) where 25 ft is required; (3)
, ',32.ft: to' permit a minimum lot depth of 78 ft where 110ft is required for
.. '8 .double .frontage lot to allow a new detached single family dwelling at 913
Jurgens St, Palm Park RapIst, Blk B, Lots 3 and 4, zoned RM 8 (Multi~
Family' Residential). V 94-40
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DeAB Minutes
1
8111/94
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This item was continued from the July 28. 1994 meeting to enable the applicant to
submit a suitable floor plan for the proposed home.
Senior Planner Richter explained the application in detail, stating the applicant wishes
to construct a single family residence on an existing double frontage lot as part of the
Community Development lnfill Housing program. He indicated the hardship is due to
the non-conforming lot depth and the site configurations associated with the double
frontage. It was indicated the proposal provides for open space on the sides of the
structure for leisure activities. Staff stated the proposal is consistent with other
structures in the area and recommended approval with two conditions.
Jerry Spilatro, representing the applicant, outlined the request related to the setbacks
and green space. He stated only 24 percent of the parcel is taken up by the
structure. He reviewed the aesthetics of the proposal, stating the house plan was
approved by the housing committee. He noted applicants currently have their choice
of 45 floor plans; however, the choices will probably be cut back to the most popular
plans.
In response to a question, Mr. Spilatro clarified that not being allowed to build on
substandard lots in general would jeopardize the success of the program, because
most of the available lots are substandard.
. Concern was expressed with many of the requests for this program increasing non~
conformities. Mr. Spilatro stated variances have only been requested for five of the
38 projects undertaken so far; mostly for lot size.
In response to questions, Mr. Spilatro stated the current plan has a standard two-ear
garage. He said this is a good-sized lot and felt a house of this size and scale is in
keeping with the character of the lot.
Based upon the information furnished by the applicant, Ms. Martin 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 by the unusual lot size 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.
DCAB Minutes
2
8/11/94
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Item B ~ (cont. from 7/28/94j Steven R. and Carolanne Krakower/Red
Ribbon Homestead for a variance of 7 parking spaces to permit zero
additional parking spaces required for a change of use to a Level II group
care facility where 7 parking spaces are required at 1109M1131 Pinellas St,
Georgas Sub, Lots 2, 3, 13, 14 and 15, zoned RM 12 (Multi~Family
Residential). V 94-42
Senior Planner Richter explained the application in detail, stating the applicant
originally requested the parking variance in order to change the existing use of the
south of the subject property, developed as a 32-unit multi~family residence.
Due to a change of use, he stated the nonMconformity is being reduced and the
variance is no longer required. He stated staff is recommending this case be
dismissed.
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The applicant's representative was asked to respond to concerns with the condition
of the premises related to the junk furniture and lack of landscaping on the property.
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Jim Graham, architect representing the applicant, stated the Planning and Zoning
Board has already imposed conditions relating to cleaning up and landscaping the
property and repainting the parking lot. He stated this, along with additional air-
conditioning work will be done as part of a rehabilitation effort partially funded by the
HRS. . .
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Mr. Johnson moved to dismiss Case V 94-42. The motion was duly seconded and
carried unanimously.
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1. Alan H. TraUns (cont. from 7/14/94j for a variance of 5 ft to permit
construction of a home 20 ft from a street right-of~way (Eldorado Ave) at
1010 Eldorado Ave, Mandalay Sub, Blk 69, Lots 8 & 9, land fronting the
gulf and riparian rights, zoned RS 8 (Single Family Residential). V 94-33
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Senior Planner Richter stated the applicant's representative has requested a
continuance to the meeting of November 10, 1994. The reason for the request was
not stated in the letter.
Concern was expressed with no reason being given. Assistant City Attorney Lance
stated, as the applicant has been in contact with staff related to this request, he felt
the continuance raquest to be in order.
Mr. Johnson moved to continue Case V 94~33 to the meeting of November 10, 1994.
The motion was duly seconded and upon the vote being taken, Mses. Whitney and
Martin, and Mr. Johnson voted Itaya"; Mr. Gans voted "nay". Motion carried.
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DCAB Minutes
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8/11/94
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2. Grand Prix, Ltd. for a variance of 20 percent to permit 30 percent
front yard open space where 50 percent is required at 1 BBO Gulf-to-Bay
Blvd, See 13-29-15, M&B 23.06, 23.07 and Skycrest Unit D, Blk A, part
of Lot 5 & part of strip west of Lot 6, zoned CG (General Commercial).
V 94-45
Senior Planner Richter explained the application in detail, stating the existing concrete
front yard area of this car wash has deteriorated and the applicant wishes to remove
resurface the area with interlocking bricks. He stated this requires the front open
space requirement to be met on a property which currently exceeds the open space
allowances.
Staff agrees with the applicants assertion it would be difficult to operate a car wash
without paving; however does not agree with repaving 100 percent of what currently
exists. Mr. Richter stated this is a good opportunity for the applicant to provide
additional landscaping where there are no curb cuts. He recommended approval with
three conditions.
Nelson Hembree, representing the applicant, expressed concerns related to aesthetics,
safety and improving the ambiance along Gulf To Bay Boulevard. He stated the
proposed interlocking red brick is beautiful and is several times the cost of concrete.
He stated it is needed to provide safety for the customers and protect them from slips
and falls on the wet surfaces in front of the building. He stated, due to the volume
. of business at this location, they could use much more space in this final "stagingl1
area for wiping down cars. He was not in favor of reducing the amount of paved
a'rea. He stated they have been working with staff and have agreed to provide
additional landscaping across the creek adjoining the subject property.
Discussion ensued regarding the proposed location of the additional landscaping. Mr.
Richter suggested it was more appropriate for the City Traffic Engineer to determine
the location for any additional landscaping.
Concern was expressed there is currently an area on the subject property which is
obstructed by supplies. It was felt the supplies could be moved and this area could
be landscaped.
'In .response.to a question, Mr. Richter explained why a variance is needed to replace
paving t~at already exists.
Discussion ensued regarding the application. It was agreed a safer, more attractive
paving surface is needed. It was also considered reasonable to ask for the maximum
amount of landscaping without curtailing any of the business operations.
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DCAB Minutes
4
8/11/94
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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 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 and 3) the
applicant shall provide a five-foot landscape strip adjacent to Gulf~ To-Bay Boulevard
in areas not required for vehicular circulation, subject to approval by the City Traffic
Engineer. The motion was duly seconded and carried unanimously.
II, Board and Staff Discussion
Questions were raised regarding the roles of the various staff members in the
operation of the variance process. Concern was expressed some of the tasks formerly
handled by the City Clerk Department were not picked up by the Central Permitting
Department during the transition from one liaison to the other. Staff was requested
to . provide a report outlining the staffing and responsibilities of the liaison to the
Development Code Adjustment Board. Mr. Richter is to investigate.
Discussion. ensued regarding the use of the motion forms referring to the new
standards for approval. Copies were requested by the Board. Mr. Richter indicated
he would work with the Legal Department to fine tune the language on the forms and
copy to the Board at the next meeting.
. Discussion ensued regarding whether or not it is necessary to have a second motion
if the first motion fails to achieve the support of the voting majority. It was noted
Article V.4. of the Board's Rules of Procedure and Policies states, if a motion fails due
to a lack of majority vote, another motion shall be made in order to clarify the action
taken. Assistant City Attorney Lance stated he has never seen this provision in other
organizational rules and felt it to be redundant. He stated the failure of the Board to
pass the original motion may be considered official action. Mr. Richter felt a second
motion is needed for clarification; there can be no question of the Board's intent if a
motion receives a majority vote. It was suggested, if this provision is not to be
followed, consideration be given to updating the rules as written.
DCAB Minutes
5
8/11/94
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The frequency of the hearing officers upholding the decisions of the Board was
remarked. Mr. Lance was commended for his role in defending the City's position in
the appeal hearings.
Staff was requested to investigate signs along Northwood Drive.
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In response to a question from Mr. Richter, consensus of the Board was to invite
Central Permitting Director Scott Shuford to the next meeting to discuss the new
standards for approval.
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. A suggestion was made to ask the public to stand for the Pledge of Allegiance and
remain standing for the invocation.
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((t....: Mr.' Richter stated he would forward to the Community Response Team the Board's
I't::,.'.' ~~~~~j~:::n~:::unk furniture et the Homesteed apartments on south Greenwood
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Chairman
6
8/11/94
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