12/08/1994 (2)
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Development Code Adjustment Board
Minutes
Date
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thm'sdny, December 8, 1994 - 1:00 p.m.
City Hall, 3rd tloor - '112 South Osceola Avenue, Clearwater, Florida
Item..No..
A. APPROVAL OF MINUTES -
The minutes of November 10, 1994 meeting were approved with correction,
B. . The following vUI'innce requests wel'e considcl'ed:
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A. (cont from 9/22/94 & 10/27/94) Grande Bay Apnl'tmcnts, Ltd. (Bench
Club Apul'tmcn1s) for a variance of 25 ft La permit 0 ft of vegetative buffer to
allow placement of an erosion control revetment structure at 2909 Gulf-to-Bay
Blvd, Brown's Bayview, Wm" Lots 6, 13, 14, and parts of Lots 5 and 15
, together with vacant alley between and submerged land, zoned RM 28 (Multiple
Family Residential), V 94-56
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Continued to the January 26. 1994 meeting,
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1. Nell M Loltcy & Donald O. Me Fna'lnnd T.'ustees/Estate of Earle B.
Loltcy (Lok~y Oldsmobile) for a variance of 16 ft La permit a structural setback
of 9 ft fronl a street (Gulf-to-Bay Blvd) right-of-way where 25 ft is required at
2339 Gulf-to-Bay Blvd, Sec 18-29-16, M&B 31.05 & 31.06, zoned CG
(General Commercial). V 94-67 .
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3. Star Entca'pl'ise (Texaco) for variances of (J) 5 ft to permit a structural
setback of 30 ft from a street (Drew St) right-of-way where 35 ft is required;
(2) 34 ft to permit a structural setback of l n from a street (Frontage Rd U.S.
19) right~of~way where 35 ft is required; (3) 2 n to permit a tence height of 6 ft
where 4 ft maximum height is allowed in a structural setback area from a street
(Drew St) right~of~way where the property is not addressed~ (4) 2 ft to permit a
fence height of 6 ft where 4 ft maximum height is allowed in a structural
setback area from a street (Frontage Rd U oS. 19) right~of-way where the
property is not addressed; (5) 4 ft to permit a fence setback of 1 ft from a street
(Frontage Rd U.S. 19) where 5 ft is required; and (6) 5 ft to provide 0 ft of
landscape buffer where 5 ft is required at 21466 U.S. 19 N., See 18~29-16,
M&B 11.01, zoned CH (Highway Commercial). V 94~69
Adian:JlLYJlzted subject to the following conditions: l) This variance is based on the
application for a variance and documents subll1iUed by the applicant. including maps, plans,
surveys, and other documents submitted in support of the applicant1s 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, win result in this variance being null and of no effect; 2) the requisite building permit(s)
shall be obtained within six 1110nths from the date of this public hearing; 3) the requisite
conditional use permit shall be obtained by the applicant from the Planning and Zoning Board;
,and 4) the trailer-mounted equipment and the associated fence shall be removed within seven
days at the completion of the cleaning up process as determined by Environmental
Management; 5) obtaining of the conditional use permit by Planning & Zoning Board.
4. WilHam W. & Loa'mine N. GiJltey for a variance of 12.7 ft to permit a
structural setback of 12.3 ft from a street (Ridgewood St) right~of~way where 25
ft is required to allow a new carport at 407 Edgewood A vet Glenwod Estates
Addition, Lots 18 & 19, zoned RS 8 (Single Family Residential). V 94-70
Actloll' Denied..
5. William J. & Bette J. Buclde.' for a variance of 2 ft to permit a fence height
of 6 ft where 4 ft maximum height is allowed in a structural area from a street
(Enterprise Rd) right~of~way where the property is not addressed at 2470
Pnrkstream Ave, Countrypark, Blk At Lot 1, zoned RS 6 (Single Family
Residential). V 94-71
. 'Adimu..Grrl/ltetLsubject 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 o~ the applicant's request for a variance,
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12/08/94
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r\ 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 months from the date of this public hearing.
6. Olga Chartrand for a variance of 2 ft to permit a structural setback of 3 ft from a
side (north) property line where 5 ft is required to allow a pool enclosure at 330
Leeward Is]nlld, Island Estates of Clearwater Unit No.1, Lot 52, zoned RS 8 (Single
Family Residential). V 94-72
Adioll:.JJcalued a one (1) ft variance subject to the following conditions: I) This variance is
based on the application for a variance and documents submitted by the applicantt including
maps, planst surveYSt 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 months frum the date of this public hearing.
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7. James P. & Bctsy C. Seifcl1 for a variance of 3.57 ft to permit a structural
setback of 1.43 ft from a side (west) property line where 5 ft is required to
allow a, room addition at 1306 Lal{cvi~w Rd, Ardmore Place Replat, Lot 98,
, zoned RM 8 (Multiple Family Residential). V 94.73
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Adi01lLGm/lted 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 nun and of no effect; and 2) the requisite building
permit(s) shall be obtained within six months from the date of this public hearing.
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;{;:~::. ".variances, of (1) 15 ft to permit a structural setback of 25 ft from a street (Island
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r::.: -::" , ,Way) right-of-way where 40 ft is required; (2) 75 ft to permit a waterfront side
k>,',;','" (south) setback of 5 ft where 80 fl is required; and (3) 56 ft to permit 24 ft of
;.~~,;,:, continuous clear space where 80 ft is required to allow replacement of existing
~!t::<. ' ~~~~~:: ;~~~~;:;:I:;'~~i:~~:Si~~~~~)~I~c~~~;~aler Unil No.2, Lots 6-9,
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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) the
reconstruction work sha]] be limited only to the location and size of the two existing carports.
9. Sa-Murphy...En1erprlses"Jnc. (Belleair Wash Center) for variances of (1) 5
parking spaces to permit 13 parking spaces where 18 are required; (2) 18 ft to
permit a structural setback of 7 ft from a street (BeHeair Rd) right-of~way where
25 ft is required; and (3) 18 ft to jlermit a structural setback of 7 ft from a street
(S. Highland Ave) right-of~way where 25 ft is required at 1498 Bclleah' Rd.
See 23~29-15. M&B 33.07 t zoned CG (General Commercial). V 94~75
k:ti.tm: Denied.
10. Financinl Protection Inc. (Castaway Inn) for variances of (1) 8 percent to
permit 17 percent of open space for the lot where 25 percent is required; and (2)
2 ft to permit 10 ft of clear space where 12 t'i is required to a1\ow a new
swimming pool at 139 Brightwate.' Dr, Bayside No.2, Lot 10, zoned CR 28
, (Resort Commercial). V 94-76
. Adkm:..Jlmnted 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.
4
12/08/94
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MINUTES
DEVELOPMrnNTCODEADJUS~NTBOARD
Thursday, December 8, 1994 . 1:00 p.m.
Commission Chambers, 112 South Osceola Avenue, Clearwater FL
Members present:
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Alex Pliska, Chair
Emma C. Whitney, Vice.Chair
Joyce E. Martin
Otto Gans
lohn B. Johnson
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lohn Richter, Senior ,Planner, Central Permitting Dept.
Sally Demarest, Board Reporter
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:. The meeting was called to order by the Chair at 1:03 p.m. in the Commission Chambers of'
~)b~,. ~~~ ~~o~~::~=~ea~~e,;~~;i~::d b~':;~:is:'o~~~oD~~':~enl Code
t\':, ,,:' , " 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
)}U;):' '," .,~rd of the proceedings to support the appeal.
'~7\"': ':":, Ii1 o~dei to provide continuity, the items will be listed in agenda order although not
~:~;~ " ."', ,",: ~, ' 'neceSsarily discussed in that order.
~~;:;,y: .,'.., ,." ih~ minutes of November 10,1994 meeting were approved with one correction.
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~~;;'~.~o' "..::; , Blvd., Brown's Bayview, Wm., Lots 6,13,14, and parts of Lots 5 and 15
it1~;',:> ,'. " together with vacant alley' between and submerged land, zoned RM 28
~~}~:,;,/:,',",:, ' ' (Multiple Family Residential). V 9~S6
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f;.~:;<:':'" " '1995' ' ,
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~ Representing the property owner, Mr. Andrew M. Nicholson, Challenger Enterprises, Inc.,
P.O. Box 285, Safety Harbor, advised that a site plan amendment is scheduled for
presentation before the City Commission for receipt and referral on January 19, 1995, and he
requested a subsequent January date for appearance before the Board. Ms. Whitney made a
motion to continue this item to the January 26, 1995, meeting. The motion was duly
seconded and carried unanimously.
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1. Nell M Lokey & Donald O. Me Farland Trustees/Estate of Earle B.
Lokey (Lokey Oldsmobile) for a variance of 16 ft to permit a structural
setback of 9 ft from a street (Gulf-to-Bay Blvd) right-of-way where 25 ft is
required at 2339 GulC-t()ooBay Blvd, Sec 18-29-16, M&B 31.05 & 31.06,
zoned CG (General Commercial). V 94-67
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He said the variance request is for the arch, mounted on two concrete
slabs, six inches high, at the two entrances to the dealership premise. The slabs serve as
display areas and the arches help identify entrances from the highway. Responding to a
questions from the Board, Mr. Richter indicated the large sign presently on the property does
not meet the City sign code, and a permit has been issued for replacement. There will be no
lettering on the arches.
Attorney Donald McFarland, 311 S. Missouri Avenue, Clearwater, representing the applicant
and Co-trustee of the Estate of Earle B. Lokey, owner of the land, verified that signage is
the subject of a pending application to the City for review. He indicated the property is
undergoing massive renovations, and the Oldsmovile Division of General Motors has
recommended installation of the proposed arch structures. He distributed photographs of
other General Motors dealerships where similar arches were constructed. Mr. McFarland
said there is no interest in lighting or lettering on the arches. He explained the arches have
been helpful to the flow of traffic because they are used by custom~rs to identify the location
of the driveways.
The applicant, Paul B. Lokey, 311 S. Missouri Avenue, Clearwater, said a variance has been
obtained, new signs are being installed on Decmebeer 15, 1994, and the two remaining signs
will conform to code.
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, 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
minDC12a.94
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within six months from the date of this public hearing; 3) there shall be no lettering or
internal illumination of these arches, except for lighting directed downward on a display
vehicle; and 4) signage shall be brought to code within the next thirty (30) days. The
motion was duly seconded and carried unanimously.
2. William L. & Dorothy G. Wood for a variance of 3.85 ft to permit a
structural setback of 21.'15 ft from a street (Stewart Blvd) right-of-way where
25 ft is required to allow a garage addition at 1440 Stewart Blvd,
Morningside Estates Unit 6B, Lot 547, zoned RS 6 (Single Family
Residential). V 94--68
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the applicant was not present at the meeting. At the
direction of the Chairman, the meeting recessed at 1 :27 p. m. for Mr. Richter to attempt to
contact the applicant. He returned at I :34 p.m. and said he was unable to make contact by
telephone.
Following a brief discussion, Mr. Johnson moved to deny the variance(s) as requested
because the applicant has not ,substaaantially met all of the standards for approval as listed in
Section 45.24 of the Land Development Code, more specifically because: 1) There are not
special circumstances related to the particular physical surroundings, shape or topographical
conditions applicable to the land or buildings, or such circumstances are not peculiar to such
land or buildings and do not apply generally to the land or buildings in the applicable zoning
district; 2) the strict application of the provisions of the code would not deprive the applicant
of the reasonable use of the land or buildings; 3) the variance is based exclusively upon a
desire for economic or other material gain by the applicant or'owner; and 4) the granting of
the variance will not be in harmony with the general purpose and intent of the land
> development code and comprehensive plan and will be materially injurious to surrounding
, properties or otherwise detrimental to the p~blic welfare. The motion was duly seconded
and carried unanimously.
3. Star Enterprise (Texaco) for variances of (1) 5 ft to permit a structural
setback of 30 ft from a street (Drew St) right-of-way where 35 ft is required;
(2) 34 ft to permit a structural setback of 1 ft from a street (Frontage Rd U.S.
19) right-of-way where 3S ft is required; (3) 2 ft to permit a fence height of 6
. ft where 4 ft maximum height is allowed in a structural setback area from a
street (Drew St) right-of-way where the property is not addressed; (4) 2 ft to
permit a fence height of 6 ft where 4 ft maximum height is allowed in a
structural setback area from a street (Frontage Rd U.S. 19) right-of-way where
the property is not addressed; (5) 4 ft to permit a fence setback of 1 ft from a
street (Frontage Rd U.S. 19) where S ft is required; and (6) 5 ft to provide 0
ft of landscape buffer where 5 ft is required at 21466 U.S. 19 N., See 18-29-
16, M&B 11.01, zoned CH (Highway Commercial). V 94--69
Mr. Richter gave the background of the application and presented, in writing, the staff
minDC12a.94
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recommendations. He indicated the request is for a groundwater and soil remediation
system. T~e proposed system construction will consist of trailer-mounted equipment with a
four foot panel box and associated six foot high security fence. DOT has condemned the
existing facilities at the location for the proposed Drew Street overpass, construction to begin
early in 1996. He noted staff recommends removal of the equipment and fence within seven
days after the completion of the cleanup process, and added the Community Response Team
will be responsible for enforcement.
Mr. Jerry Isaacs, 650 S. Northlake Boulevard, AItamonte Springst representative for Texacot
owner of the property, described the temporary structure which will be located on the
premise for 1 to 1-112 years. The State of Florida Department of Environmental Protection
will inspect the premise and determine when existing coritamination is down to an acceptable
level. Mr. Isaacs said the contamination was caused by a line leak from the tanks to the
dispensers which has since been repaired. The existing service station will be removed and a
retention pond will occupy the site. The proposed remediation system will be "pump and
treat", with a new air sparging system which cleans the soil.
There were no documents or persons present in support of or opposition to the application.
Based upon the information 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 Development Code, more specifically,
because the variance arises from a condition unique to the property and was 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 appIicantts 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; 3)
the requisite conditional use permit shall be obtained by the applicant from the Planning and
Zoning Board; and 4) the trailer-mounted equipment and the associated fence shall be
removed within seven days at the completion of the cleaning up process as determined by
Environmental Management; 5) obtaining of the conditional use permit by the Planning &
Zoning Board. The motion was duly seconded and carried unanimously.
4. William W. & J"orraine N. Gilkey for a variance of 12.7 ft to permit a
structural setback of 12.3 ft from a street (Ridgewood St) right-of-way where
25 ft is required to allow a new carport at 407 Edgewood Ave, Glenwod
Estates Addition, Lots 18 & 19, zoned RS 8 (Single Family Residential). V
94-70
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the proposed carport would extend 18 ft. from the existing
structure thereby encroaching on the structural setback area. Staff finds the conditions
minDC12a.94
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required for approval of a variance are not satisfied in this circumstance and may have an
adverse effect on the neighborhood.
The applicant and owner of the premises, Mr. William Gilkey, 10300 S. Duncan Avenue,
Clearwater, indicated there are two other carports in the subdivisiont both of which are over
25 ft. ~n his,presentation he distributed pictures and explained three drawings of the
proposed carport. He pointed out the existing concrete slab and the 80 ft. right-of-way,
placing the carport 32' from the curb. He said the carport would be of quality construction
and in harmony with the neighborhood.
Speaking in opposition, Warren Thompson, 1560 Ridgewood Streett Clearwater, said he
purchased his property in August, leaving a St. Petersburg neighborhood with carports and
garage fooms for this more asthetically pleasing area.
Based upon the information furnished by the applicant, Mr. Gans moved to deny the
varlance(s) 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, more specifically
because: 1) There are not special circumstances related to the particular physical
surroundings, shape or topographical conditions applicable to the land or buildings, or such
circumstances are not peculiar to such land or buildings and do not apply generally to the
land or buildings in the applicable zoning district; 2) the variance is based exclusively upon a
desire for economic or other material gain by the applicant or owner; and 3) the granting of
the variance will not be in harmony with the general purpose and intent of the land
development code and conprehensive plan and will be materially injurious to surrounding
properties or otherwise detrimental to the public welfare. Upon the vote being taken, Mr.
Johnson, Mr. Gans and Ms. Martin voted "aye"; Ms. Whitney and Mr. Pliska voted "nay".
Motion carried (3-2).
5. William J. & Bette J. Buckler for a variance of 2 ft to permit a fence
height of 6 ft where 4 ft maximum height is allowed in a structural area from
a street (Enterprise Rd) right-of-way where the property is not addressed, at
2470 Parkstream Ave, Countrypark, Blk At Lot 1, zoned RS 6 (Single
Family Residential). V 9~71
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the request is for a six ft. high fence to join an existing six
ft. high subdivision wall on the north side of the property. The applicant's swimming pool
and family are viewed from Enterprise Road and the existing four ft. fence height allowed by
code does not give them enough privacy from public view.
The applicant, Mrs. Bette Buckler, 2470 Parkstream Avenuet Clearwater, described the
premise. She said the windows are large, the family is easily viewed from Enterprise Road,
and the variance is needed for privacy and security. She offered two letters of support from
next door neighbors.
minDC12a.94,
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Inspections of the premise by Board members revealed that the curve of the road creates an
extraordinary condition where the view is "wide open".
There were no further documents or persons present 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 Development Code, more specifically,
because the variance arises. from a condition unique to the property and was 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; and 2) the
requisite building permit(s) shall be obtained within six months from the date of this public
heating. The motion was duly seconded and carried unanimously.
6. Olga Chartrand for a variance of 2 ft to permit a structural setback of 3 ft from a
side (north) property line where 5 ft is required to allow a pool enclosure at 330
Leeward Island, Island Estates of Clearwater Unit No.1, Lot 52, zoned RS 8
(Single Family Residential). V 94-72
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the proposed pool enclosure will be constructed to follow
the existing covered concrete patio and will extend 4.3 feet to the north property line.
The applicant, Mr. Wayne Millington, 330 Leeward Island, Cleanvater, noted a discrepancy
in the owner/applicant name and asked that the record indicate that the former surname of his
, wife, Chartrand, be changed to Millington. The applicants purchased the premise a year
ago. Mr. Millington distributed sketches and asked to change the request for two feet to a
one foot variance. His neighbors to the north have no objection to the request. Responding
. to questions, he indicated he submitted no former variance requests, this being the first.
There were no documents or persons present in support of or opposition to the application.
Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance
of one (1) foot 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 was 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
minDC12a.94
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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 months from the date of this public
hearing. The motion was duly seconded and carried unanimously.
7. James P. & Betsy C. Seifert for a variance of 3.57 ft to permit a structural
setback of 1.43 ft from a side (west) property line where 5 ft is required to
allow a room addition at 1306 Lakevlew Rd, Ardmore Place Replat. Lot 98,
zoned RM 8 (Multiple Family Residential). V 94-73
Mr. Richter gave the background of the application and presented, in writing. the staff
recommendations. He indicated the the premise is located on a 5.000 square foot lot. and
the request is for a 16 x 16 foot family room which will replace a 3.6 x 6.5 foot metal
building. The proposed addition will align with the existing building.
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'Speaking for the applicant. Mr. Bobby Elder. Turnkey Additions. 11324 118th Place North,
Largo, described the addition which will allow the property owner to access the existing
laundry room at the rear of the house.
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The metal building and carport appearing on the plot plan were discussed. The absence of a
walk was noted.
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There were no documents or persons present in support of or opposition to the application.
A neighbor wrote a letter of concern for fire safety due to proximity of the house to the side
property line. Mr. Richter said the City's Building Department indicated fire concerns will
be offset by special construction techniques.
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Concern was expressed with adding a non8conformity to another non-conformity.
Based upon the information 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 Development Code, more specifically,
,;~~,~.'. , because the variance arises from a condition which is unique to the property and was not
;.:.':' caused by the owner or applicant subject to the following conditions: 1) This variance is
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,,-" based on the application for a variance and documents submitted by the applicant, including
!o~.~/ maps, 'plans, surveys, and other documents submitted in support of the applicant's request for
f,:." . ' a variance. Deviation from any of the above documents submitted in support of the request
}f.i:~,::".,' for a variance regarding the work to be done with regard to the site or any physical structure
F, '" ,located on the site, will result in this variance being null and of no effect; and 2) the
_;;:~~~~~.::-,,:':;. ,. . ~uisite building permit(s) shall be obtained within six months from the date of this public
:E ,'-:::;-:-:':.:':::': 'hearing. 'The'motioD was duly seconded and carried unanimously.
~V,:.':' , , 8. Cltv of DearbornLDl!llrborn Hou5iue Bureau (pearbom Towers) for
,., variances of (1) 15 ft to permit a structural setback of 25 ft from a street
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(Island Way) right-of-way where 40 ft is required; (2) 75 ft to permit a
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minDC12a.94
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waterfront side (south) setback of 5 ft where 80 ft is required; and (3) 56 it to
permit 24 ft of continuous clear space where 80 ft is required to allow
replacement of existing carports at 223 Island Way, Island Estates of
Clearwater Unit No. 2~ Lots 6-9, zoned RM 28 (Multiple Family Residential).
V 94--74
Mr. Richter gave the background of the application and presented~ in writing, the staff
recommendations. He indicated the reconstruction of the carports is due to the age of the
original structures and the damage incurred by the' no name storm in 1992. The applicant
proposes to replace the existing framework with new ones and with aluminum steel panel.
He said the existing frames could be replaced if t~e cost did not exceed 50% of the
replacement cost.
Mr. Rocco Capabianco~ President~ Geoscience & Materials Engineers~ Inc., 157 Stevens
Avenue, Oldsmar, representing the applicant, indicated the destroyed carports were built in
the 1960's and the residents would like the amenity replaced. Replacement will conform as
closely as possible with the former structures. The property manager was available at the
meeting to, answer questions, and several residents were present.
There were no documents or persons present in support of or opposition to the application.
Based upon the information furnished by the applicant~ Mr. Johnson 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~ 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) the reconstruction work shall
be limited only to the location and size of the two existing carports. The motion was duly.
seconded and carried unanimously.
9. S. Murphy Enterprises. Inc. (Belleair Wash Center) for variances of (1) 5
parking'spaces to permit 13 parking spaces where 18 are required; (2) 18 ft to
permit a, structural setback of 7 ft from a street (Belleair Rd) right-of-way
where 2S ft is required; and (3) 18 ft to permit a structural setback of 7 ft
from a street (S. Highland Ave) right-of-way where 25 ft is required at 1498
BeUeair Rd, Sec 23-29-15~ M&B 33.07~ zoned CG (General Commercial). V
94-75 '
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the site was formerly developed with a gas station which no
longer exists. The applicant is proposing to redevelop this site as an air-condi~oning
minDC12a.94
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12/08/94
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business and a self-service car wash.
:n Speaking for the applicant, Mr. Ronn Ginn, Architect, Box 11965, St. Petersburg, defined
U structure" as it appears in the code and took exception to its use as it applies to this request
for vacuum islands. He distributed drawings and described the size and scope of the two
setback variances. Mr. Ginn indicated he had met with Planning, and Traffic Engineering and
the resultant plan is a compilation of all the ideas. He asked for a reasonable interpretation of
the word "structure" and offered examples of similar approved It structures" , Le. telephone
booths, air-conditioning condensing units, mail boxes and water back flow devices.
Addressing the parking variance, Mr. Stephen Murphy, 9225 Ulmerton Road, Unit 1-1,
Largo, the owner, referenced the synopsis of his operation. He said his nine trucks were
always on the road, did not park at the business, were taken home at night, and the required
parldng spaces would be vacant.
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Mr. Ginn submitted and described the landscape plan. A error in the size of the dumpster was
noted. Opinion was expressed that the property was being over-used.
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Responding to a question from the Board, Mr. Richter gave calculations which result in the
requirement of 18 parking spaces. Mr. Murphy said he owns the property and both buildings,
has eight parking spaces alotted to him, and he is presently leasing space in the Live Oaks
Center.
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There were no documents or persons present in support of the application. There were no
documents in opposition to the request.
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Joseph D'Costa, representing Dr. D'Costa, owner of the medical practice and building across
the street from the proposed redevelopment, stated the density of the neighborhood and the
group home on' the west side of his property cause a parking problem on his property, located
in the County.
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In the ensuing discussion the unusual situation of trucks going home at night was mentioned,
and concern was expressed for future use of the property. The appearance of hoses and other
vacuum island equipment would be unsightly and not well-maintained. The opinion was
expressed that the location is primarily an air-conditioning service location, and the property is
overbuilt.
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Based upon the information furnished by the applicant, Mr. Gans moved to deny the setback
variance(s) nos. 2) and 3) 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, more
'specifically because: 1) There are not special circumstances related to the particular
physical surroundings, shape or topographical conditions applicable to the land or buildings, or
such circumstances are not peculiar to such land or buildings and do not apply generally
to the land or buildings in the applicable zoning district; 2) the strict application of the
provisions of the code would not deprive the applicant of the reasonable use of the land or
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buildings; 3) the variance is based exclusively upon a desire for economic or other material
gain by the applicant or owner; and 4) the granting of the variance will not be in harmony
with the general purpose and intent of the land development code and conprehensive plan and
will be materially injurious to surrounding properties or otherwise detrimental to the public
welfare. The motion was duly seconded and upon the vote being take, Ms. Whitney, Mr.
Johnson, Mr. Gans, and Mr. Plisko voted "aye"; Ms. Martin voted "nay". Motion carried
(4-1).
Based upon the information furnished by the applicant, Mr. Gans moved to deny variance
no. 1) 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, more specifically
because: 1) the granting of the variance will not be in harmony with the general purpose and
intent of the land development code and conprehensive plan and will be materially injurious
to surrounding properties or otherwise detrimental to the public welfare. The motion was
duly seconded and carried unanimously.
10. Financial Protection Inc. (Castaway Inn) for variances of (1) 8 percent
to permit 17 percent of open space for the lot where 25 percent is required;
and (2) 2 ft to permit 10 ft of clear space where 12 ft is required to allow a
new swimming pool at 139 Brightwater Dr, Bayside No.2, Lot lOt zoned
CR 28 (Resort Commercial). V 94-76
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the proposed swimming pool is to be located on the east
side of the property which is the only green area and clear space available. The existing
building is L-shaped, predates the current code and offers the only available area for pool
construction.
The applicant, Mr. Dale Mallekt 139 Brightwater Drive #1, Clearwater Beach, owner of the
five rental units, described the premise. He stated the 8 x 20 foot swimming pool will be for
the personal use of his family, and will be exactly the same as the next door neighbor's pool.
The pool equipment will be located alongside the building and is ecologically safe. He said
concrete w~uld be' removed in favor of open green space.
There were no documents or persons present 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 Development Code, more specifically,
because the variance arises from a condition which is unique to the property and was 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
minDC12a.94
12/08/94
10
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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 months from the date of this public
hearing. The motion was duly seconded and carried unanimously.
The meeting recessed at 3:35 p.m., reconvening at 3:44 p.m.
At this point, Dean Rowe, of Rowe Architects, 100 Madison Street, Tampa, presented a
model, plans and full review of the Clearwater City Services Center to be located on the
Bilgore property for the information of the Board. In his detailed presentation he relayed
plans for a 70,000 sq. f1. office building; a 83,000 sq. f1. police headHquarters building; 500"
car garage; central air conditioning plant; and renovations to the present City Hall.
The following are Board and Staff comments:
It was questioned whether changes to the code would alleviate the variances most often
requested, i.e. t increased fence height and decreased parking spaces. Mr. Richter responded
that code changes are presently being considered. It was agreed that it would be difficult to
standardize sign height due to sight and vision requirements. .
It was noted that the issue of outdoor cafes has not yet been finally resolved by Ordinance of
the City Commission.
The variance for the concrete wall at Frenchy's Rockaway Grille was mentioned.
Mr. Richter relayed the nature of the violation will indicate the amount of time the
Community Resppnse Team will take to respond and remedy a violation. Generally
, violations are corrected in the shortest amount of time possible, tailored to the specific case.
He noted some situations can be immediately corrected; others, such as removal of
Permanent structures will take much longer. Also, there is a process to follow which ensures
the City and violator are treated fairly.
, Havrng'no further business before it, the Board wished all a Merry Christmas and adjourned
at 4:10 p.m.
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minDC12a.94
12/08/94
11
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