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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
January 25, 1996
Call to Order, Pledge of Allegiance and Invocation
A. Variance Requests
A1. (cant. from 11/9/95) JacQueline S. Latimer for variances of (1) 8 ft to permit a
swimming pool 17 ft from a street right-of-way where 25 ft is required; and (2) 2.3 ft
to permit a garage addition 15ft from a street right-of-way where 1 7.3 ft is required
at 1050 Bay Esplanade, Mandalay Sub, Blk 68, Lot 13, zoned RS 8 (Single Family
Residential). V 95.53
ACTION: Continued Variance #1 to February 8, 1996, due to a tie vote.
Granted Variance #2 as requested subiect to the following conditions: 1 J This
variance is based on the variance application and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support
of the applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request 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.
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A2. (cont. from 12/14/95) Robert L. & Linda L. Root, TRE (Avilla Group Care Facility)
for variances of (1) 25 ft to permit 0 ft of vegetative buffer where 25 ft is required;
and (2) 7 ft to permit a 5 ft structural setback from a side (west) property line where
12 ft is required to allow a new building at 2436 Enterprise Rd, See 31.28-16, M&B
12.05, zoned RM 16 (Multiple Family Residential). V 95-60
ACTION: Continued to the meeting of February 8, 1996
A3. (cant. from 1111 196) Grande Bay Apartments. L TO Partnership for a variance of
25 ft vegetative buffer width to provide no vegetative buffer between upland property
and Preservation' zone at 2909 Gulf-to-Bay Blvd, William Brown's Bayview Sub, Lots
6, 13, 14, and parts of Lots 5 & 15, together with a portion of vacated Rogers 5t on
north side of Lots 13-15 & submerged land, zoned RM 28 (Multiple Family
Residential). V 96-07
ACTION: Granted as requested subject to the following conditions: 1) This
variance is based on the variance application and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support
of the applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request 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 revetment
structure shall be underlaid with filter fabric; 4) the west end of the structure shall be
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DCAB Action
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01/25/96
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constructed to provide attenuation of wave energy at Thornton Road by continuing the
4: 1 slope perpendicular to the shoreline at the west property boundary; and 5) the
waterward limits of the revetment shall be staked in the field prior to construction.
A4. Richard R. Dimmitt {Dimmitt Cadillac} for a variance of 2 ft in height to permit a 6 ft
high chain link fence, where a maximum height of 4 ft is allowed at 25191 US 19 N, See
32-28-16, M&B 32.10, zoned P & CH {Preservation & Highway Commercial}. V 96"()8
ACTION: Continued to the meeting of February 22, 1996.
A5. Clearwater Christian Colleae Private School. Inc. for a variance of 25 ft to allow a
building zero ft from a preservation line where a 25 ft vegetative buffer is required at 3400
Gu\f to Bay Blvd, See 16-29-16. M&B 11.01, zoned PISP (Public/SemiPublic). V 96-09
ACTION: Granted as requested subject to the following conditions: 1) This
variance is based on the variance application and documents submitted by the
applicant, including maps. plans. surveys, and other documents submitted in support
of the applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request 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.
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AG. Tom Sehlhorst (Via Veneto Italian lee) for a variance of 6 parking spaces to permit
3 parking spaces where 9 parking spaces are required at 611 Palm Bluff St, Building
uO", Palm Bluff 1 st Addition, Lots 28 & 30, zoned CI (lnfill Commercial). V 96-10
ACTION: Granted as requested subject to the following conditions~ "1) This
variance is based on the variance application and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support
of the appJicantts variance request. Deviation from any of the, above documents
submitted in support of the variance request 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 occupational license shall be
obtained within six months from the date of this public hearing; and 3) this variance is
granted for the operation of the Via Veneto Italian lee business in accordance with the
applicantst December 19, 1995 written statement of intent as submitted with the
variance application, and will expire upon the termination of the aforementioned
business.
B. Time Extension Requests
81. Frank C. Kunnen, Jr (Clearwater "19" Commerce Centerl for variances of (1) 133
ft to permit a communications antenna 199 ft high where 60 ft is permitted; and (2)
78.5 ft to allow a setback of 21 ft where 99.5 ft is required at 22067 US 19 N,
Clearwater "19" Commerce Center Park, Lot 1, zoned IPD (Industrial Planned
Development). V 95.34
ACTION: Granted a time ex~ension to July 13, 1996.
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DCAB Action
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01/25/96
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C. Land Development Code Amendments
C1. Ordinance 5970..96 of the City of Clearwater, Florida, relating to the Land
Development Code; Amending Section 42.21, Code of Ordinances, to provide for
improved clarity concerning the application of landscaping and parking standards for
non conformities; providing an efff:lctive date.
ACTION: Recommended Approval of Ordinance 5970-96 to the City Commission
with language changes in the title and text as suggested by Mr. Shuford.
D. Approval Of Minutes - January 11, 1996 - Approved as submitted
E. Chairman's Items - None
F. Director's Items - Discussion.
G. Board And Staff Comments.. Discussion of amendments to Board Rules
H. Adjournment - 3:59 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
Thursday, January 25, 1996 - 1 :00 p.m., City Hall
Call to Order, Pledge of Allegiance and Invocation
A. Variance Requests
A 1. (cant. from 1119/95) JacQueline S. Latimer for variances of (1) 8 ft to p'ermit a
swimming pool 17 ft from a street right-of~way where 25 ft is required; and (2) 2.3 ft
to permit a garage addition 15ft from a street rjghtMof~way where 1 7.3 ft is required
at 1050 Bay Esplanade, Mandalay Sub, Blk 68, Lot 13/ zoned RS 8 (Single Family
Residentia/)'. V 95-53
ACTION: Continued Variance #1 to FebrtJary 8, 1996/ due to a tie vote.
Granted Variance #2 as requested subject to the following conditions: 1) This
variance is based on the variance application and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support
of the applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request 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.
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A2. (cont. from 12/14/95) Robert L. & Linda L. Root, TRE (Avilla Group Care Facilitv)
for variances of (1 ~ 25 ft to permit 0 ft of vegetative buffer where 25 ft is required;
and (2) 7 ft to permit a 5 ft structural setback from a side (west) property line where
12 ft is required to allow a new building at 2436 Enterprise Rd, Sec 31-28~16, M&B
12.0Sf zoned RM 16 (Multiple Family Residential). V 95~60
ACTION: Continued to the meeting of February 8, 1996
A3. (cant. from 1/11/96) Grande Bav ADartments, L TO Partnership for a variance of
25 ft vegetative buffer width to provide no vegetative buffer between upland property
and Preservation zone at 2909 Gulf-to-Bay Blvd, William Brown's Bayview Sub, Lots
6, 13, 14/ and parts of Lots 5 & 15/ together with a portion of vacated Rogers St on
north side of Lots 13-15 & submerged land, zoned RM 28 (Multiple Family
Residential). V 96.07
ACTION: Granted as requested subject to the following conditions: 1) This
variance is based on the variance application and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support
of the applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request 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 permitls) shall be
obtained within six months from the date of this public hearing; 3) the revetment
structure shall be underlaid with filter fabric; 4) the west end of the structure shall be
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DCAB Action
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01/25/96
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constructed to provide attenuation of wave energy at Thornton Road by continuing the
4: 1 slope perpendicular to the shoreline at the west property boundary; and 5) the
waterward limits of the revetment shall be staked in the field prior to construction.
A4. Richard R. Dimmitt (Dimmitt Cadillac) for a variance of 2 ft in height to permit a 6 ft
high chain link fence, where a maximum height of 4 ft is allowed at 25191 US 19 N, See
32-28-16, M&B 32.10, zoned P & CH (Preservation & Highway Commercia\}. V 96-08
ACTION: Continued to the meeting of February 22, 1996.
AS. Clearwater Christian ColleQe Private School, Inc. for a variance of 25 ft to allow a
building zero ft from a preservation line where a 25 ft vegetative buffer is required at 3400
GuJf to Bay Blvd, Sec 16.29-16, M&B 11.01, zoned P/SP (Public/SemiPublic). V 96.09
ACTION: Granted as requested subject to the following conditions: 1) This
variance is based on the variance application and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support
of the applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request 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.
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AG. Tom Sehlhorst (Via Veneto ItaliaQ Ice) for a variance of 6 parking spaces to permit
3 parking spaces where 9 parking spaces are required at 611 Palm Bluff St, Building
"0", Palm Bluff 1 st Addition, lots 28 & 30, zoned CI (Infill Commercial). V 96~' 0
ACTION: Granted as requested subject to the following conditions: 1) This
variance is based on the variance application and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support
of the applicant's variance request. Deviation from any of the above documents
submitted in support of the variance request 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 occupational license shall be
obtained within six months from the date of this public hearing; and 3) this variance is
granted for the operation of the Via Veneto Italian Ice business in accordance with the
applicants' December 19, 1995 written statement of intent as submitted with the
variance application, and will expire upon the termination of the aforementioned
business.
B. Time Extension Requests
B 1. Frank C. Kunnen, Jr (Clearwater" 19" Commerce Center) for variances of (1) 133
ft to permit a communications antenna 199 ft high where 60 ft is permitted; and (2)
78.5 ft to allow a setback of 21 ft where 99.5 ft is required at 22067 US 19 N,
Clearwater "19" Commerce Center Park, Lot 1, zoned IPD (Industrial Planned
Development}. V 95-34
ACTION: Granted a time extension to July 13. 1996.
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01/25/96
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C. Land Development Code Amendments
C1. Ordinance 5970-96 of the City of Clearwater, Florida, relating to the Land
Development Code; Amending Section 42.21, Code of Ordinances, to provide for
improved clarity concerning the application of landscaping and parking standards for
non conformities; providing an effective date.
ACTtON: Recommended Approval of Ordinance 5970-96 to the City Commission
with language changes in the title and text as suggested by Mr. Shuford.
D. Approval Of Minutes - January 11, 1996 - Approved as submitted
E. Chairman's Items - None
f. Director's Items - Discussion.
G. Board And Staff Comments - Discussion of amendments to Board Rules
H. Adjournment - 3:59 p.m.
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DCAB Action
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01/25/96
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
January 25. 1996
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Present:
Alex Plisko
Otto Gans
William Johnson
William Schwab
Leslie Dougall~Sides
John Richter
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
Absent:
Joyce Martin (resigned)
Board Member
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
The meeting was called to order by the Chair at 1 :00 p.m. in City Hall, followed by the
Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal process.
A. Variance Requests
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A1. (cont. from 11/9/95) JacQueline S. latimer for variances of (1) 8 ft to permit a
swimming pool 17 ft from a street right-of-way where 25 it is required; and (2) 2.3 ft
to permit a garage addition 15 ft from a street right-at-way wl,ere 17.3 ft is required
at 1050 Bay Esplanade, Mandalay Sub, Blk 68, Lot 13, zoned RS 8 (Single Family
Residential). V 95-53
Mr. Richter gave the background of the case and presented written staff
recommendations. He stated the applicant wishes to construct a garage and a swimming pool
in the front yard of the irregularly shaped property. While it is unusual to locate a pool in a
front yard, it was indicated supporting circumstances apply. Staff felt any adverse effect of
the pool location could be mitigated by installation of dense landscaping screening completely
around the pool. He noted a variance will not be necessary for the Eldorado Avenue setback if
the applicant files a deed restriction forfeiting access to Eldorado Avenue. Staff recommended
approval with four conditions.
Harry Cline, attorney representing the applicant, distributed photocopies of a tax map of
the neighborhood. He stated the area was platted 50 years ago and he pointed out numerous
unique features of the site which set it apart from the surrounding properties. He said the
applicant wishes to reorient the garage toward Bay Esplanade to facilitate straight entry. He
noted the new garage alignment will be consistent with existing neighborhood conditions.
Mr. Cline explained details of the irregular lot shape, lack of yard space and unique street
orientation. He Indicated the proposal has been scaled down from previous requests and the
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variances are minimal. He said the pool is needed because Mrs. Latimer's doctor has ordered
her to 5wim for physical therapy as a result of an accident. He explained she is not able to use
other swimming pool facilities because she is allergic to chlorine. He agreed with the
recommended conditions af approval and asked staff to modify condition #3 to indicate
screening may be a combination of fence, berm and landscaping. He pointed out the City
Traffic Engineering department commented the proposal will not create traffic movement or
sight obstruction. Mr. Cline said the proposed pool site can easlly be considered a rear yard
due to its surroundings and orientation away from other residences.
Discussion ensued regarding proposed placement of the garage. In response to a question.
Mr. Cline stated the pool will not have a screen enclosure.
Patti Stough, architect for the project, displayed an aerial photograph of th'e
neighborhood, explaining the unique orientation of the subject property, surrounding rights-
of-way and the City park to the north. Discussion ensued regarding features of
surrounding residential properties and the nearby yacht club.
Mr. Cline submitted a copy of a letter from adjacent property owner Lee Arnold, in support
of the application.
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Deborah Kynes, attorney, spoke in opposition to the request on behalf of the owners of six
nearby properties. She read their names and addresses into the record. She expressed
objections to the pool in front of the house and the landscaped berm, indicating an undesirable
precedent would be set. A letter to this effect was submitted to the Board in their information
packet. She stated neither the City nor acts of God have changed the lot since it was
purchased, so the applicant has a self-imposed hardship. Ms. Kynes withdrew an earlier
objection to the garage, stating it is an important accessory structure. She stressed a pool is a
luxury, not a requirement.
Two of the property owners represented by Ms. Kynes spoke in opposition to the request,
expressing concerns the unprotected pool is a safety hazard for the neighborhood children
because the applicant is frequently away from home. The felt the proposal will negatively
impact the aesthetic surroundings.
Three letters of objection were submitted and read into the record by Ms. Kynes. Two of
the letters were from previously mentioned clients. The third letter was from the Carlouel
Home Owners Association.
Mr. Cline spoke in rebuttal to the opposition, restating his reasons supporting approval.
Regarding the safety factor, he stated the applicant will install an automatic pool cover to
protect the pool and the neighbors. In response to questions. it was not known if the
cover is insurable, but Mr. Cline stressed it will meet code. He stated the accident
requiring Mrs. Latimer's physical therapy happened after she purchased the subject
property.
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01/25/96
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... Board discussion ensued regarding the application. One member acknowledged the
hardship, but expressed concerns the site is overdeveloped and does not meet all the
standards for approval. One member supported the need for the pool, but was reluctant to
approve the request in light of neighborhood objections. Two members supported the
request, stating the variances are minimal and in line with existing conditions. It was felt
the safety issue is adequately addressed and the pool will not be visually obtrusive, if
recommended conditions are met.
Member Johnson moved to deny Variance #1 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. Members Gans and Johnson voted
'tAye"; Members Pliska and Schwob voted "Nay." Motion failed due to a tie vote.
Variance #1 in case V 95.53 was continued to the meeting of February 8, 1996.
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Member Schwab moved to grant Variance #2 as requested because the applicant has
substantially met aU 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
variance application and documents submitted by the applicant, including maps, plans,
surveys, and other documents submitted in support of the applicant's variance request.
Deviation from any of the above documents submitted in support of the variance request
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.
Mr. Cline stated he will bring more specific plans and specifications for swimming pool
security to the next hearing.
A2. (cont. from 12/14/95) Robert L. & Linda l. Root. TRE (Avilla Group Care Facility)
for variances of (1) 25 ft to permit 0 ft of vegetative buffer where 25 ft is required;
and (2) 7 ft to permit a 5 ft structural setback from a side (west) property line where
12 ft is required to allow a new building at 2436 Enterprise Rd, Sec 31-28-16, M&B
12.05, zoned RM 16 (Multiple Family Residential). V 95-60
Mr. Richter indicated this item was continued from December 14, 1995, to allow the
applicant to furnish information requested by the City Engineering department. The
requested information was submitted after the deadline for preparing the staff report. He
asked the Board if they wished to hear the item, or wait for the staff recommendations.
Consensus was to continue.
Member Schwab moved to continue V 95-60 to the meeting of February 8, 1996. The
motion was duly seconded and carried unanimously.
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A3. (cant. from 1/11/96) Qrande Bav ADartments. l TO PartnershiD for a variance of
25 ft vegetative buffer width to provide no vegetative buffer between upland property
and Preservation zone at 2909 Gulf-to-Bay Blvd, William Brown's Bayview Sub, Lots
6, 13, 14, and parts of Lots 5 & 15. together with a portion of vacated Rogers St on
north side of Lots 13-15 & submerged land. zoned RM 28 (Multiple Family
Residential). V 96-07
Mr. Richter gave the background of the case and presented written staff
recommendations. He stated significant shore erosion has exposed a lateral sewer line
that must be addressed and stabilized quickly. He stated the proposal has been approved
by the State Department of Environmental Protection and the City Commission. Staff
recommended approval with five conditions.
Andy Nicholson, with the consulting engineering firm representing the applicants,
addressed the Board. He submitted 44 photographs of the eroded shoreline on the site. He
stated the main project is to build a revetment for erosion protection. He explained the
effect of the' project on the City's vegetative buffer requirement. Mr. Nicholson stated the
City Commission considered the proposal consistent with the City's comprehensive plan as
long as mitigation is put in. He explained mitigation will be in the tidal zone and will
extend the entire width of the property.
Mr. Nicholson explained conditions in the area and the City's involvement in the
history of the site. He listed many ways this application meets the standards for variance
'J'~') approval. He felt enjoyment of riparian rights carries with it the responsibility for
"",,:'1 maintaining the coastline and fixing problems as they occur. He stated this proposal will
benefit the public greatly.
No one was present to speak in support or opposition to the request.
Member 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, subject to the following conditions: 1) This variance is based on the
variance application and documents submitted by the applicant, including maps, plans,
surveys. and other documents submitted in support of the applicant's variance request.
Deviation from any of the above documents submitted in support of the variance request
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
revetment structure shall be underlaid with filter fabric; 4) the west end of the structure
shall be constructed to provide attenuation of wave energy at Thornton Road by continuing
the 4: 1 slope perpendicular to the shoreline at the west property boundary; and 5) the
waterward limits of the revetment shall be staked in the field prior to construction. The
motion was duly seconded and carried unanimously.
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A4. Richard R. Dimmitt (Dimmitt Cadillac) for a variance of 2 ft in height to permit a 6 ft
high chain link fence, where a maximum height of 4 ft is allowed at 25191 US 19 N, Sec
32~28-16, M&B 32.10, zoned P & CH (Preservation & Highway Commercial). V 96-08
Brief discussion ensued regarding the background of the item and conditions imposed on
the conditional use approval by the Planning and Zoning Board.
Neither the applicant nor a representative appeared to present this item. As no one was
present to speak in support or opposition to the request, the item was continued to the end of
the public hearing agenda. No one had arrived before the end of the meeting and consensus
was to continue the item to the second meeting in February.
Member Johnson moved to continue V 96~08 to the meeting of February 22, 1996. The
motion was duly seconded and carried unanimously.
AS. Crearwater Christian CoUeae Private School. Inc. for a variance of 25 ft to allow a
building zero ft from a preservation line where a 25 ft vegetative buffer is required at 3400
Gulf to Bay Blvd, See 16-29-16, M&B 11.01, zoned PIS? (Public/SemiPublic). V 96~09
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Mr. Richter gave the background of the case and presented written staff
recommendations. He stated the applicant wishes to construct a new two story dormitory on
a wetland area of the campus. This requires a flll permit from the State and a variance to the
City's vegetative buffer requirement. The City Environmental Management Group
recommended approval as adequate storm water retention is provided and the area does not
contain beneficial plant species. In addition, the applicant has agreed to remove a large area of
harmful Brazilian pepper plants to benefit the public. Approval with two conditions was
recommended.
Dixie Walker, architect for the college, addressed the Board. He stated they have received
site plan approval. The process of obtaining the fill permits requires City approvals to be in
place. He stated the proposal extends across jurisdictional lines, but does not encroach into
the waterline and will have no impact on surrounding properties.
Discussion ensued regarding the location of the new building in relation to existing
buildings. It was indicated the college is not well known and comes as a pleasant surprise to
many.
Member Schwob 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
variance application and documents submitted by the applicant, including maps, plans. surveys,
and other documents submitted in support of the applicant's variance request. Deviation from
any of the above documents submitted in support of the variance request 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.
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AG. T9m Sehlhorst (Via Veneto Italian Ice) for a variance of 6 parking spaces to permit
3 parking spaces where 9 parking spaces are required at 61' Palm Bluff St, Building
"0", Palm Bluff 1 st Addition, Lots 28 & 30, zoned CI (Infill Commercial). V 96-10
Mr. Richter gave the background of the case and presented written staff
recommendations. He stated the applicant wishes to sell Italian ices. snacks and drinks
from an existing building along the Pinellas Trail. Given the nature of the proposed use and
location, it was indicated additional parking is not likely to be needed. Staff recommended
approval with two conditions.
Jerry Boudreaux. one of the business owners, addressed the Board. He stated they
wish to use the property for storage of the freezers needed to operate their wholesale
business. The small public sales area would only be open evenings and weekends, selling
prepackaged snacks and drinks. He felt 99 percent of the clientele would arrive from the
trail. In response to a question. he said no food will be prepared on the site.
Discussion ensued regarding parking spaces. limited vehicular access to the property
and operation of the business. It was indicated a tour of the facility showed warehouse
storage with restroom facilities and a small area to sell ices and candy bars.
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Member 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, subject to the following conditions: ,) This variance is based on the
variance application and documents submitted by the applicant, including maps, plans,
surveys, and other documents submitted in support of the applicant's variance request.
Deviation from any of the above documents submitted in support of the variance request
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 occupational
license shall be obtained within six months from the date of this public hearing; and 3) this
variance is granted for the operation of the Via Veneto Italian Ice business in accordance
with the applicants' December 19, 1995 written statement of intent as submitted with the
variance application. and will expire upon the termination of the aforementioned business.
The motion was duly seconded and carried unanimously.
B. Time Extension Requests
B1. Frank C. Kunnen. Jr (Clearwater "'9" Commerce Center) for variances of (1) 133
ft to permit a communications antenna 199 ft high where 60 ft is permitted; and (2)
78.5 ft to allow a setback of 21 ft where 99.5 ft is required at 22067 US 19 N,
Clearwater "19" Commerce Center Park, Lot 1. zoned IPD (Industrial Planned
Development). V 95-34
In a letter dated January 9, 1996, Project Manager Suzanne Urash requested the
extension because of a decision to install new technology becoming available for their
system.
Member Schwab moved to grant a time extension to July 13, 1996. The motion was
duly seconded and carried unanimously.
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c. Land Development Code Amendments
C1. Ordinance 5970-96 of the City of Clearwater, Florida, relating to the land
Development Code; Amending Section 42.21, Code of Ordinances, to provide for
improved clarity concerning the application of landscaping and parking standards for
non conformities; providing an effective date.
Mr. Richter gave the background of the ordinance and presented written staff
recommendations. Ms. Dougall-Sides stated Central Permitting Director Shuford proposes to
change language in the title and text of the ordinance related to non-conforming height.
Member Schwab moved to recommend approval of Ordinance 5970-96 to the City
Commission with language changes in the title and text as suggested by Mr. Shuford. The
motion was duly seconded and carried unanimously.
Minutes Approval. January 111 1996
Member Gans moved to approve the minutes as submitted in writing to each member
by the Board Reporter. The motion was duly seconded and carried unanimously
Director's Items
()
Mr. Richter thanked Ms. Martin for her years of loyal service to the Board.
Board Rul~s and Reaulations
Consensus was to suggest changes today and ask Ms. Dougall-Sides to prepare a
draft for review at the next meeting. Any changes or suggestions could go for approval
and signature at the second meeting in February.
Discussion ensued regarding conduct of a meeting when a Board member declares a
conflict of interest due to professionally representing and/or having personal interests in a
case. It was felt the professional who declared the conflict should not be required to
leave the room, but remain available to answer any direct technical questions of the
remaining Board members.
Discussion ensued regarding election of officers. Consensus was to agenda the
election for the first meeting each January. Officers would be nominated and elected at
that meeting for a one year term. It was indicated the persons with the highest seniority
may not necessarily be elected.
Discussion ensued regarding details of timekeeping and order of the agenda. Member
Plisko felt board members should wait to be recognized by the Chair before speaking to an
item. Ms. Dougall.Sides was asked to draft language for the requested updates for
presentation at the next meeting.
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, Member Pliska suggested the standard time limit for obtaining a building permit should
be increased from six months to one year. Consensus' was to follow this suggestion for a
trial period.
Adjournment
The meeting adjourned at 3:59 p.m.
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Chair /,
Development Code Adiustment Board
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Board Reporter .
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