11/10/1994 (2)
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DCAB
Development Code Adjustment Board
Minutes
Date
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, November 10, 19~4 -1:00 p.m.
City Hall, 3rd floor - 112 South Osceola Avenue, Clearwater, Florida
Item No.
A. APPROVAL OF MINUTES - October 27,1994
Action: Approved las submitted.
B.
VARIANCE REQUESTS:
(A). (cont from 10/13/94) MDC Associates SI-A LTD/PNC Realty Holdine Corp. for
variances of (1) 1.5 ft to pennit a 3.5 ft landscape buffer where 5 ft is required; (2) 3,5
ft to permit a 1,5 ft landscape buffer where 5 ft is required at 2670 & 2680 Gulf to Bay
Blvd, See 17-29-16, M&B 23,10, zoned CO (General Commercial), V 94-58
Action: Wit"drawn.
(B)~ (cont from 10/27/94) Grace E. Crawford/Cash America Pawn for variances
of (1) 19.75 ft to permit a structural setback of 5,25 ft from a street (8 Missouri Ave)
right-of-way where 25 ft is required; (2) 7.5 ft to permit a side setback of 2,5 ft where
10 ft is required to allow a new awning at 1530 S Missouri Ave, Carolina Terrace, Blk
C, Lots 8~11 & Lots 18-21 less street, zoned CG (General Commercial) & RM 8
(Multiple Family Residential). V 94-61
Action: Wit"drawn,
1. (cont from 6/23/94 & 7/14/94 & 8/11/94) Alan H. Tralins 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
Action: Granted 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 months from the date of this public hearing; and 3) this variance
. applies only to lot 9.
DeAD Action Agenda
11/10/94
1
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2, (cant from 9/8/94 & 10/13/94) L.M. Loken Omperial Square Produce Market) for
a variance of 12 parking spaces to permit 15 parking spaces where 27 parking spaces are
required to allow indoor and outdoor retail sales at 1496 S. Belcher Rd, Sec 24-29-15,
M&B 41.05, zoned CG (General Commercial), V 94-51
Action: Withdrawn.
3. Jerry H. Center, .Tames H. Center, Martha A. Center, Sharon Beth Voae1. and
Mildred H. Center. Trustees of the Mildred H. Center Rev. Tr.. and Mildred H.
Center. Jerry H. Center. James H. Center. Trustees of the Raymond H. Center
Family TrustlRichards buildinl: for variances of (1) 23 ft to permit a structural setback
of 2 ft from a street (8 Lincoln Ave) right-of-way where 25 ft is required; (2) 15 ft to
permit a structural setback of 10 ft from a street (Pierce St) right-of-way where 25 ft is
required; (3) 13,8 percent to pennit a maximum building coverage of 43,8 percent where
a maximum of 30 percent is allowed, and (4) 25 percent to permit 5 percent of open
space for the lot where 30 percent is required to allow new carports at 1253 Park St,
Hibiscus Gardens, Blk D, Lots 9, 17, 18, and part of Lot 8, zoned OL (Limited Office),
V 94-62
Action: Continued to January 12, 1995 meeting.
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4. Anthony Alexiou/Frenchy's Rockaway Grill. Inc for variances (1) 13,22 ft to
permit a lot depth of 86,78 ft where 100 ft is required; (2) 8.2 ft to permit a rear setback
of 6,8 ft where 15 ft is required; (3) 14 percent to permit 11 percent of open space for
the lot where 25 percent is required; (4) 3 additional parking spaces to permit 0
additional parking spaces where 3 additional parking spaces are required; and (5) 52,14
ft to permit a structure seaward of the Coastal Construction Line to allowo an addition to
an existing deck at 7 Rockaway St, Miller's Replat, Lots 2-3, together with vacated
Beach Dr on West, zoned CR 28 (Resort Commercial), V 94-63
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Action: Denied.
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S4 Tom Selhorst for a variance of 8.09 ft to permit a structure 1.91 ft from a side
(west) property line where 10 ft is required at 607-611 Palm Bluff St, Palm Bluff 1st
Addition, Lots 26, 28, and 30, zoned CI (lnfill Commercial), V 94-64
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Action: Continued to January 12, 1995 meeting,
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6. Liehthouse Towers Condominium Association for a variance of 46 ft to permit a
4 it fence seaward of the Coastal Construction Control Line at 1290 Gulf Blvd,
Lighthouse Towers Condo, zoned RM 28 (Multiple Family Residential) and OS-R (Open
Space-Recreational), V 94-65
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. Action: Granted subject to the following conditions: 1) This variance is based on the application
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DCAB Action Agenda
2
11/10/94
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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 pennit(s) shall be obtained
within 12 months from the date of this public hearing; 3) the fence shall be only four feet high
with aluminum railings and constructed as indicated on the site plan; and 4) all necessary pennits
shall be obtained by the applicant from other applicable State and City review agencies and
boards,
7. Daniel W. Cockerham for a setback variance of 25 ft to permit addition zero ft from
Pleasant Street right-of-way, rather than the 25 ft setback required at 1735 Sunset Dr,
North Shore Park, Blk 7, Lots 10,11,12, and part of Lot 13, zoned RS 8 (Residential
Single Family), V 94-66
Action: Granted subject to the following conditions: 1) This variance is based on the application
for a variance and documents submitted by the applicant, including maps, planst 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 pennit(s) shall be obtained
within six months from the date of this public hearing; and 3) prior to issuance of a building
pennit, if detennined to be necessary by the City Attorney, a Unity of Title shall be recorded
that ties the property east of Lot 12 under one ownership or otherwise the applicant shall obtain
a variance to the setback from that property line,
D. LAND DEVELOPMENT CODE AMENDMENTS:
ORDINANCE NO. 5683-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO
THE LAND DEVELOPMENT CODE; AMENDING SECTION 42,28, CODE OF
ORDINANCES, TO REQUIRE VEGETATIVE BUFFER SETBACKS ADJACENT TO
"JURISDICTIONAL WETLANDS" UNDER THE JURISDICTION OF THE STATE OF
FLORIDA; PROVIDING AN EFFECTIVE DATE,
Action: Recommend approval.
DCAB Action Agenda
3
11/10/94
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MINUTES
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, November 10, 1994 ~ 1:00 p.m. '
Members present:
Alex Pliska, Chair
Emma C. Whitney, Vice-Chair
Joyce E. Martin
Otto Gnns
John B, Johnson
Also present:
. John Richter, Senior Planner, Central Pennitting Dept.
Susnn Stephenson, City Clerk Department
o Themee~ing was called to order by the Chair at 1:00 p.m. in the Commission Chambers of City HaIl.
Following the Pledge of Alleginnce and invocation, Me, Plisko outlined procedures and advised anyone
, adversely affected by-any decision of the Development Code Adjustment Boned may appeal the decision to
nil Appeal Hearing Officer within two weeks. He noted Florida law requires any applicant appealing a
decision of this Boned to have a record of the proceedings to supporf the appeal.
. In order to provide continuity, the it~ms will be listed in agenda order although not necessarily discussed in
, that order.
By motion duly seconded. the minutes of the October 17, 1994, meeting were approved as submitted.
The following requests for extension, deferred and continued items were considered:
. B. 1 (A). (cont from 10/13/94) MDC As~ociates 81~A LTD/PNC Realty Holdin2 Corp.
for variances of (1) 1.5 it to permit 83.51\ Inndscape buffer where 5 fi is required; (2) 3.5
ft tel pennit 81.5 ft landscape buffer where 5 fi is required at .2670 & 2680 Gulf to Bay
Blvd. See 17~29-16, M&B 23.10. zoned CO (General Commercial). .V 94-58
.' . Due to a tie vote from the Boned~ tIns item was continued from the October 13, 1994, meeting. Also, the
. Board suggested the applicant explore ways to save more trees. As a result, Mr, Richter indicated that the
applicant has preliminarily redesigned the site plan to eliminate the need for a varinnce. and has withdrawn
. :.the applica~on. .
8.2 (B). (contfiom 10/27/94) Grace E. Crawford/Cash America Pawn for variances of (1) 19,75
1\ to permit a structural setback of 5,25 ft from a street (8 Missouri Ave) right-or-way where 25 1\ is
required; (2) 1.5 ft to pennit a side setback of 2,5 ft where 10 ft is required to allow a new awning
at 1530 S Missouri Ave, Carolina Terrace, Blk C. Lots 8-1 I & Lots 18-21 less street, zoned CO
DCAB Minutes
1
11110/94
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r) (General Commercial) & RM 8 (Multiple Family Residential), V 94-61
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This item was continued from the October 27, 1994, meeting at the request ofthc applicant for a maximum
of thirty days to examine other available options in an effort to solve the problem without resorting to a
variance. Mr. Richter indicated the applicant has subsequently withdrawn the application.
3. (cont from 6/23/94 & 7/14/94 & 8/11194) Alnn H. TrnUns for a variance of 5 ft to permit
construction of a home 20 n 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
Mr. Richter gave the background of the case and presented, in writing, the staff recommendation. He said
the applicant is requesting the setback variance to pennit the construction of a new single family residential
structure on Clearwater Beach, 20 n. from a' street right-of-way where 25 ft. is required. Existing homes on
either side arc 4 to 5 ft. from thc street right-of-way. A recent code amendment recommendation to the City
Commission will allow flexibility in setback based on the developed character of the lot. Also, the Flood
Board has granted a variance with rcspect to thc seawall allowing the home to be built up to or over the
seawall. Staff recommended approval subject to standard conditions, with the added condition that the
variance apply to lot 9 only.
The applicant, Mr. Joseph Wells, 2087 Edgewater Drivc, Unit F, Clearwater, owner of the property, indicated
he purchased the property in August from Alan Tralins, who filed the original application as owner. He
pointed out that the building line requested is consistent with properties in the area and would not have an
adverse effect on neighboring properties.
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Replying to a concern with perpendicular parking, Mr, Wells noted a document entitled Existing Street Plan
and explained that parking in front of the property was considered at tllc time his setback application was
made. The seawall and buildable area over the seawall were discussed and Mr. Wells explained the
topography of the properties. The Chainnan noted the Building Department Code mandates construction
be 18 ft. off the seawall. A brief discussion ensued relative to legal action involving construction on the sea
side of the seawall and existence of a subsequent appeal; Mr. Lance indicated he believed an appeal was
pending.
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There wcre no persons or documents presented in support of or opposition to the application.
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 Developoment Code, subject to the following conditions: 1) This vnrinnce 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 variancc. 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 months from the date of this public hearing;
and 3) this variance will apply to lot 9 only. The motion was duly seconded and carried unanimously.
2. (cont from 9/8/94 & 10/13/94) L.M. Loken (Imperial Square Produce Market) for a variance
of 12 parking spaces to permit 15 par~ing spaces where 27 parking spaces are required to allow
indoor and outdoor retail sales at 1496 S. Belcher Rd, See 24-29-15, M&B 41.~5. zoned CO
(General Commercial). V 94-51
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11J10J94
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r) The foregoing application was wiUldrnwn by the applicant's representative.
The following variance requests were considered:
3. Jerry H. Center. James H, Center. Martha A, Center. Sharon Beth Voeel. nnd Mildred H.
Center. Trustees of the Mildred H. Center Rev. Tr,. Rnd Mildred H. Center. Jerry H, Center.
James H. Center. Trustees of the Raymond H, Center Family Trust/Richards buildine for
variances of (1) 23 n to permit a structural setback of2 n from a strcet (S Lincoln Ave) right~of~way
where 2S n is required~ (2) 15 n to permit a structural setback of 10 ft from a street (Pierce St) right~
of-way where 25 ft is required~ (3) 13.8 percent to permit a maximum building coverage of 43.8
percent where a maximwn of 30 percent is allowed, and (4) 25 percent to permit 5 percent of open
space for the lot where 30 percent is required to allow new carports at 1253 Park St, Hibiscus
Gardens, BIk D, Lots 9, 17, 18, and part of Lot 8, zoned OL (Limited Office), V 94~62
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Mr. Richter gave the background of tIle case, presented in writing the staff recommendation, and referred
to the site plan accompanying the application. He explained the property is an office building at the northeast
comer of South Lincoln Avenue and Pierce Street and the request is for carports to cover seven of the thirty~
three parking spaces, utilizing 1260 sq. n. over the existing area. He indicated the special circumstances
involve a row of oak trees located in the middle of the property and the angle of the pnrking spaces to the east
of the oak trees, Staff felt the angle of parking would not be problematic; however, he stated the possibility
of future problems lies with four young laurel oak trees on an island perpendicular to the building. In this
regard, Mr. Richter indicated Mr. Alan Mayberry, City Forrester, offered to visit the property and provide
recommendations.
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Mr: R, Carlton Ward, 1253 Park Street, Clearwater, said his law firm owns the building and leases the land
from the Center family on n 75-year lease. He said the site plan shows the location of the proposed carports
as two spaces to the north. This change was effected foHowing a site visit and recommendation from a
representative from Central Permitting Department. He questioned the feasibility of angle pnrking and
described the parking area and planting of the oak trees. He submitted letters from neighbors indicating no
objections to the proposed carports.
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It was noted that there was no dire need for the proposed carports and similar applications involving street
right-or-ways had been denied. Asethetics and location oftlle carports was discussed, Mr. Ward questioned
what constituted n roof and whether a trellis would be considered a structure~ the Chairman indicated his
belief that n trellis is not considered a structure.
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At this point, Mr. Ward requested a continuance in order that other options be explored without the need for
readvertisement. Ms. Whitney moved to continue this item to the January 12,1994 meeting. The motion was
duly seconded and carried unanimously:
4. Anthony AlexioulFrenchy's Rockaway Grill. Inc for variances (1) 13.22 n to permit a lot depth
of86.78 ft where 100 n is required; (2) 8.2 ft to permit a rear setback of 6.8 n where 15 ft is required;
(3) 14 percent to permit 11 percent of open space for the lot where 25 percent is required; (4) 3
additional parking spaces to permit 0 additional parking spaces where 3 additional parking spaces
are required~ and (5) 52.14 n to permit a structure seaward of the Coastal Construction Line to allow
an addition to an existing deck at 7 Rockaway St, Miller's Replot, Lots 2~3, together with vacated
Beach ~ on West, zoned CR 28 (Resort Commercial). V 94~63
Mr. Richter gave the background of the case and presented, in writing, the staff recommendation. He
indicated this was a s~ries of five variances requested to expand the existing deck. The Planning & Zoning
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Board approved conditional use requcst CU 94-75 on Scptember 13, 1994, with conditions. Mr. Richter said
the proposed 650 sq. ft. deck arca is surrounded by three buildings and is an otherwise unuseable area. Mr.
Richtcr refcrrcd to a proposed outdoor cafe ordinance which would allow outdoor eating arens adjacent to
a public sidewalk without additional parking. Staff fccls that the proposed area is an extension of the existing
approved deck and is a logical completion of the deck for the restaurant. A question was raised regarding
the wall on the south side, bordering the Clcarwater Bcach Hotel.
Attorney James Dowling, 1151 Tampa Road, Suite C. Palm Harbor, speaking for the applicant, reported the
6 ft. wall in question replaces a decorative railing and was ineluded as a result of the conditional use hearing
where concern was expressed that music would bother the neighboring hotel. He asked for a clarification of
condition 5) there shall be no outdoor speakers on the deck.
It was noted the proposed wall would be located nine n. from the existing building; Mr. Richter indicated a
distance of 15 ft. setback was required. The Chairman said a variance would be required to build the wall
according to the conditions set by the Planning & Zoning Board.
There were no persons or documents presented in support of or opposition to the application.
In rebuttal. Mr. Dowling opined the proposed construction would be of benefit to the beach nnd consistent
with the desireability of outdoor dining.
In the ensuing discussion, the substantial number of variances requested was noted. as well as concern with
establishing a precedent for future like applications. It was felt that the request was exclusively for the
economic gain of the applicant and would not be in hnnnony with the general purpose and intent of the Code.
Based on information furnished by the applicant, Ms. Martin moved to deny the variances as requested
because the applicant has not substantially met all of the standards for approval as listed in Section 45.24 of
the Land Development Code. The motion was duly seconded and carried unanimously,
5. Tom Selhorst for a variance of 8.09 ft to pennit a structure 1.91 ft from a side (west) property
line where 10 ft is required at 607-611 Palm Bluff St, Palm Bluff 1st Addition, Lots 26. 28. and 30,
zoned CI (Infill Commercial), V 94-64
Mr.. Richter gave the background of the case and presented, in writing, the staff recommendation. He
explained the side setback variance requested is to allow a building two n. from the west side property line,
The existing building, !tE" on the site pIau, lacks hurricane anchors and a setback variance must first be
approved before structurnt' changes can be made. He noted the original building was constructed three to five
years ago without a building permit; however. staff recommends approval with the standard two conditions
adding that eight parking spaces be provided to serve the property's uses.
In the ensuing discussion, it was agreed that a variance would be required to provide the eight parking spaces.
Mr. Richter noted the applicant has made considerable progress correcting problems and complying with
other variances, and said the variance could be granted with the condition that parking spaces be provided.
He explained the three-month building pe~it requirement is an effort to cxpedite the project.
The applicant, Mr. Tom Sehlhorst. 611 Palm Bluff Street. Clean\'ater. distributed a map to the Board
members indicating rezoning of the property to CI, now 7.500 ft. He described the garage 10c~tion,
topography of the lot. and histol)' of the property. He relayed that plans were reviewed and approved by the
City in 1993, and his difficulties building a garage, indicating the zoning change will now permit n garage
to be built. He noted his problem was with paving of the 16 space parking area. and he proposed the use of
DCAB Minutes
4
11/10/94
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probletn wns with paving ofthe 16 spnce parking tlren. nnd he proposed the lIse of tile: the Chainnan indicated
paving WllS required nccording to Code.
Mr, Bob BickcrstnfTc. 1007 Enst Dnlid Rond, Clcnrwatcr, spoke ill support of the npplicntion. He praised the
nppUCIDlt for developing the orca and opined the City should help in uny wny possible. He envisioncd oren growth
nnd improvemcnt for the Cit)'. The Chairman noted the building ""IS originnlly constnlctcd illegnlly without n
pennit; Mr. BickerstalTc suggcstcd the area was unique. and dincrenl rules might be implementcd to allow
flexibility. In the ensuing discussion, Chainnull Plisko agreed the npplicnnt has done all olltstanding job with this
property, but rcitenlted the building was built illegally without proper design Ilnd inspection. and variances sought
after the fnct.
Concern was expressed that staff not be blmt1cd lor illllexibility. It WtlS strcssed thot stulT is not the grantor of
variances, but merely gives advice; the Board mokes the decision and cnn only grant what the Code ol1ows,
notwithstanding personal inclinations.
Mr, Richter pointed out the area has been impro\'ed with both nc\\' constmctiol1 and rcmm'al of 100 or more
slnlcturcs with violations of the building code.
Documents presented in support of the npplieution were noted. There wcre no persons or documents presented
in opposition.
In rebuttnl. Mr. Sehlhorst snid nil neighbors signed 0 petition asking for approval of the request. He noted three
zoning chl1l1gcs. and said matters of survcy, cngineer, pennit rind inspection hnve been addressed nnd hurricnne
Mchors were the last requirement.
Replying to a parking question, Mr. Richter noted eight purking spaces would be required for lot 26. The
Chainnan suggcsted thc applicant indicatc available parking spnces for the property nnd submit a variance for
the deficient spoces; Mr. Richter agreed. A Unity of Title for lots 26, 2K nnd 30 with parking 011 onc of the lots
was suggested,' and it was suggested a grenter effort could be made by the opplicuntto obide by the Code. Mr.
o Richter supported 0 Unity of Title which would allow parking spaces ocross lot line. eliminotc the need for
Inndscape buffers and simplify design rcquiremcnts.
It was suggested the application be continued ond include the pnrking,vnriunces required for Ule setback. The
Chninnan suggested tbe applicant meet with stalT to dctennine the number of spaces needed for the three lots,
striping be inspected and dctcnuinntion mode if spnces ore 'egol in number. Mr. Richter said n phm would be
o . required indicating location ofpnrking spaces, pending approval oflrnlTIc engineer. Mr. Gans moved to continue
this item to the Jnnumy 12, 1995, meeting. The motion WClS duly sccolldcd and cnrried unanimously. Mr.
Sehlhorst will work with stalT to detenninc a means for linnl resolution of lhe pnrking requirements.
The meeting recessed at 3: 16 p.m., reconvcning at 3 :21 p.m.
6. Liehthouse Towers Condominium Association for n variance of 46 n to pemlit 0 4 n fence
scawnrd Or~lC Constnl ConstOlctioll Control Line at 1290 Gulf Dlvd, Lighthouse Towcrs Condo. zoned
RM 28 (Muitiple Family Residential) and OS.R (Open Space.Rccreationnl). V 94.65
, Mr, Richter gave U1C bockground of the case and prescnted, in writing, the staff recommcndntion. He explained
. . . the fence requested \\11J sUlTOlmd the pool llrCaand estcnd 36 fcet seawllrd or the coastol constnlction conlrolline
, 'nod is similar to neighboring approved fences and does not od\'erscly affect other properties. Staff recommends
approval subject to conditions.
OCAB Minutes
5
11/10194
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The applicant and manager of Lighthouse Towers, Mr. Fred Fogg, 525 Johns Pass Avenue, Mndiera Beach,
noted the fencing will not completely surround the pool because the area includes hedges which will serve
as part of the fence line. He said he understood the coastal construction control line was put in after the
building was built. Although other condominium owners in the area have not desired to construct fences as
a detriment to the nsthetics of the properties, on May 3, 1994, a fcnce was mandated by their insurance
company, put out to bidJ and a variance requested due to coastal construction control line. Replying to a
qu~stion, Mr, Fogg indicated the insurance company win accept use of the hedge as a barrier.
There were no persons or documents presented in support of or opposition to the application.
Based upon the infonnation 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 Devc1opoment Code, subject to the following conditions: 1) This variance is based on the application
for n variance and documents submitted by the applicant, including maps, plans, surveys, and other
documents submitted in support of the applicant's request for n variance. Deviation from any of the above
documents submitted in support of the request for n 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 pennit(s) shall be obtained within 12 months from the date of this public hearing;
3) the fence shall be only four feet high with aluminum railings and constructed as indicated on the site plan;
and 4) all necesswy pennits shall be obtained by the applicant from other applicable State and City review
agencies and boards. The molion was duly seconded and carried unanimously,
7. Daniel W. Cockerham for a setback variance of 25 ft to permit addition zero ft from Pleasant
Street right-of-way, rather than the 25 ft. setback required at 1735 Sunset Dr, North Shore Park, Blk
7, Lots 10,11.12. and part ofLat 13, zoned RS 8 (Residential Single Family). V 94-66
Mr. Richter gave the background of the case and presented. in writing, the staff recommendation. He
explained the request is for a variance to construct a proposed second floor study room 399 sq. n. in floor area
.located above an existing concrete garage without setback. He noted site plan and special circumstances
warranting approval of the varianceJ i.e., the neighborhood already has varying setbacks. He described the
neighborhood as frllgile and sensitive.
The property owner and applicant, Mr. Daniel W. Cockerham. 1735 Sunset Drive, Clearwater, described the
property. built by Roebling in 1930, and the proposed art-study addition which will overlook the inland
waterway. He assured the Board the proposed addition is not intended to convert the home to a two-family
residence. Mr. Cockerham indicated he believed the lots have Unity of Title as one unit at the present time.
Mr, Richter 'said the staff report indicates an adjustment would be needed with the common lot line between
lots 11 and 12 because the existing building is closer than five ft. to the lot line. He suggested three options:
1) n Unity of Tille tying the property together; 2) a request for n side setback variance; or 3) a request for an
administrative lot division to move the lot line to provide the five ft.. setback. A discussion ensued relative
to subdivision and possible future sale of the property. The Chainnan suggested an added condition for Unity
of Tille to be based upon detennination ofnced by the City Attorney.
There were no persons or documents presented in support of or opposition to the application.
Concern was expressed relative to adding to a non-confonnity. It was agreed the addition would be in
keeping with the historic nature of the existing residence,
Based upon the information furnished by the applicant. Mr. Gans moved to grant the variance as requested
DeAD Mlnutes
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11/10/94
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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) 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 months from the date of this public hearing; and 3) prior to issuance of a
building pennit if detennined to be necessary by the City Attorney, a Unity of Title shall be recorded
that ties the property east of Lot 12 under one ownership or otherwise the applicant shall obtain a
variance to the setback from that property line. The motion was duly seconded and carried
unanimously.
The following Land Development Code Amendments were considered:
ORDINANCE NO. 5683-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO
THE LAND DEVELOP:MENT CODE; AMENDING SECTION 42.28, CODE OF ORDINANCES,
TO REQUIRE VEGETATIVE BUFFER SETBACKS ADJACENT TO "JURISDICTIONAL
WETLANDSII UNDER TIlE JURISDICTION OF THE ST ATE OF FLORIDA; PROVIDING AN
EFFECTIVE DATE
Following explanation of the ordinance by Mr. Richter and a brief discussion, Mr, Johnson moved
to recommerid approval to the City Commission. The motion was duly seconded and carried
unanimously, 0 .
The following are Board and StatT comments:
Responding to a question from Mr. Richter, the Board members indicated they were receiving
supplements to ~he Land Development Code.
There being no further business, by motion duly seconded, the meeting adjourned at 3:53 p.m.
~~9
Alex Plisko, Chairman
Attest:
. DeAD Minutes
11/10/94
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