04/25/1996 (2)
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DCAB
Develop~ent Code Adjustment Board
Min utes
Date ApriL.25; ffl.J,
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
Thursday, April 25, 1996
Call to Order, Pledge of Allegiance and Invocation
A. Time Extension Requests
A 1. Grande Bav Aoartments. l TO Partnershio for a variance of 25 ft vegetative
buffer width to provide no vegetative buffer between upland property and
Preservation zone at 2909 Gulf-ta-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). VR 96-07
ACTION: Granted a six month extension to January 25, 1997
B. Continued Variance Requests
B1. (Cant. from 4/11/96) L.O.M.. Inc. for variances of (1) 5.5 ft to permit a
structural setback of 7.5 ft from a side (south) property line; (2) 3 ft to permit a
structural setback of 13 ft from a rear property line; and (3) 2 parking spaces to
allow 30 parking spaces rather than 32 parking spaces at 309 S Gulfview Blvd,
Lloyd-White-Skinner, Lots 60, 61, 62, 108 and 109, together with part of Lot 107,
zoned CR 28 (Resort Commercial). VR 96-19
,"""'"" ACTION: Continued Variance #1 to the next meeting.
__I Approved Variances #2 and #3 subject to the following conditions: 1) These
variances arB 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 these variances being null and of no
effect; 2) The requisite building permit(s) shall be obtained within one year from the date
of this public hearing; 3} The property shall be designed with a tropical seascape theme
and the design shall be reviewed and approved by the Design Review Board prior to the
issuance of permits; 4) The previously applied for variances shall be null and void; and
5) The top of the one story building shall not be occupied for outdoor activity.
82. (Cant. from (4/11/96) Barnett Bank for variances of (1) 4 percent to allow 26
percent open space for the lot where 30 percent is allowed; and (2) 16 paved
parking spaces to allow 48 paved parking spaces where 32 parking spaces are
allowed to be paved at 2150 Cleveland St, Professional Business Complex, Lot 3
together with the West 70 ft of Lot 1, zoned OL (Limited Office). VR 96~23
ACTION: Granted Variance # 1 for 3 percent to allow 27 percent open space, and
Variance #2 for 10 paved parking spaces to allow 42 paved parking spaces subject to the
following conditions: 1) These variances are based on the variance application and
documents submitted by the applicant, including maps, plans, surveys, and other
documents submitted in support of the applicanfs variance request. Deviation from any of
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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
these variances being null and of no effect; and 2) The requisite building permit{s) shall be
obtained within one year from the date of this public hearing; 3) The applicant shall
coordinate location of the handicapped parking spaces with the Traffic Engineer; and 4l No
parking spaces shall be constructed over the retention area.
83. (Cont. from (4/11/96) Jame~ E. & Jeanne B. Wagner for a separation distance
variance of 11 1t to permit an adult care living facility to be located 1189 ft from
an existing Level I Group Care where 1200 ft is required at 2345 Nursery Rd,
Pinellas Groves Sub, SW 1/4, a portion of Lot 19, lying in Sec 19M29~16, zoned
RS 6 (Single Family Residential). VR 96~24
ACTION: Continued to the meeting of May 23, 1996
C. New Variance Requests
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C1. David R. & B. Carree Dargo. Howard A. Wells. Carl A. Benker. Jason E. & lena
R. Wilson. Gordon L. & Carol A. Townsend. Luzmarina M. Hutchins. Leonardo
Andriani. Mary E. Curry. and Frederick J. & Jean Rousseau for variances of (') 6 ft
to permit patio additions 19.25 ft from a side (south) property line; (2) 6 ft to allow
a patio structure within 19 ft of Clearwater Harbor; and (3) 25.5 ft lot width to
permit construction on a 124.5 It wide lot where 150 1t is required at
301 Island Way, Pelican Port, Lots 1.2,3,4,6,7,8, and 9, zoned RM 20 (Multiple
Family Residential). VR 96-25
ACTION: Granted subject to the following conditions: l' These variances are 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 these variances being null and of no effect; 2) The
requisite building permit(s} shall be obtained within one year from the date of this public
hearing; 3) The deck at Unit #5 shall be brought into conformance with the appearance of
the new decks; and 4) The decks shall not be screened, enclosed, or covered with roofs.
C2. City of Clearwater for a variance of 42 inches in fence height to permit a
72 inch high fence in a setback adjacent to a street from which property is
addressed at 1301 North Betty lane, Part of "Park" portion of Pine brook Sub, Unit
2, zoned OS/R (Open Space/Recreation). VR 96~26
ACTION; Granted subject to the following conditions: 1) These variances are 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 these variances being null and of no eHeet; 2) The
requisite building permit(s} shall be obtained within one year from the date of this public
hearing; and 3) The Parks and Recreation Department shall plant appropriate landscaping
materials to visually screen the fence from surrounding property owners.
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DCAB ACTION
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,Minutes Approval :.. April 11, 1996 -- Approved as submitted
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Board and Staff Comments -- Continued to a full board
'1. Rules of Procedures and Policies
2. Board Procedures - Pinellas County Board of Adjustment
3. Discussion on Lobbying Ordinance and Ex Parte Communications
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Adjournment ..3:40 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
April 25. 1996
Absent:
William Schwab (arrived 1 :02 p.m.)
William Johnson
Mark Jonnatti
Leslie Dougall.Sides
John Richter
Gwen Lagters
Otto Gans
Roberle Pratt
Vice Chair
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
Chair
Board Member
Present:
The meeting was called to order in City Hall at 1 :00 p.m. by Member Johnson. A ten
minute recess was called to await a quorum. The meeting reconvened at 1 :07 :p.m.
followed by the Invocation and Pledge of Allegiance. The Vice Chair outlined meeting
procedures and the appeal process. He advised an affirmative vote of all three members
present is required to approve variances and a two week continuance may be requested.
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To provide continuity for research, items arB listed in agenda order although not
necessarily discussed in that order.
,,..,......, A. Time Extension Requests
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A 1 . Grande 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). VR 96-07
In a letter dated April 15, 1996. applicant's representative Andrew Nicholson
requested a six month extension of the time allowed to obtain a building permit. This
will allow time to obtain the County environmental permit currently in process.
Member Jonnatti moved to approve a time extension tl? January 25, 1997. The
motion was duly seconded and carried unanimously.
B. Continued Variance Requests
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a1. (Cont. from 3/28 & 4/11/96) L.O.M.. Inc. for variances of (1) 5.5 ft to permit a
structural setback of 7.5 ft from a side (south) property line; (2) 3 ft to permit a
structural setback of 13 ft from a rear property Une; and (3) 2 parking spaces to
allow 30 parking spaces rather than 32 parking spaces at 309 S Gulfvlew Blvd,
L1oyd-White-Skinner, Lots 60, 61, 62, 108 and 109, together with part of Lot 107.
zoned CR 28 {Resort Commercial}. VR 96-19
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After lengthy discussion of this case at the March 28 meeting, the applicant's
representatives requested a continuance to address concerns raised by the board regarding
the site plan. Another continuance was requested on April 11 to complete site plan
redesign. The revised site plan was not available for staff review prior to today's hearing.
Mr. Richter provided background information and verbal staff recommendations. Staff
felt conditions support the request for variances 112 and #3, and recommended approval
with four conditions.
Staff did not recommend approval of variance 111. The applicant was encouraged to
meet the south side setback and work with the adjacent property owner to remove an
unsightly masonry wall, creating a nice open space to view Clearwater beach.
In response to questions, Mr. Richter said the amended variance requests were
advertised. He acknowledged increasing the south setback would result in a reduction in
building space.
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Harry Cline, attorney representing the applicant, summarized the proposal, stating the
applicant wishes to consolidate several small properties, creating a mixed use of upscale
retail and restaurants in one development. He listed the applicable floor area ratios, stating
the proposal is far below the maximums allowed by code. The current proposal reduces
the square footage even more, shifting the buildings to the south and eliminating the need
for two variances on the north side. In compliance with board direction, they eliminated
the open space variance, creating the need for a parking variance. They are constrained
by the irregularly shaped lot, and feel orienting the buildings toward the beach is
reasonable use of the land. He expressed concern with staft's suggestion regarding the
south side setback, stating adequate vista exists and the adjacent Americana property will
suffer no adverse effects. Mr. Cline summarized conditions in the surrounding community
and how the code criteria are met by this proposal.
Stephen Fowler, architect representing the applicant, distributed copies of an amended
site plan, showing a net loss of 450 square feet from the previous plan. He explained why
the board.s suggestion to flip, or mirror the plan did not work due to site geometry.
Discussion ensued regarding the rear setback and shading calculations. He said about
seven feet of the Beach Place Motel to the north will be shaded during December and
January.
No one was present to speak in support of the request.
Four people spoke in opposition to the application. Jim Berfield, Anne Garris, Kenneth
Rosenow, and Evelyn Gibson expressed concerns with the long term negative impacts of
continuing to grant variances on Clearwater beach. They each challenged the applicant to
develop the property without variances. It was indicated many business and residential
property owners are opposed to granting variances along Gulfview Boulevard. Mr.
Rosenow was concerned the applicants have not discussed the proposal with the
neighbors. He felt the pedestrian nature of the area would be better served by granting a
parking variance and meeting all setback and open space requirements. Mrs. Gibson was
strongly opposed to a parking, variance, stating her residential area directly behind the
..J subject property is frequently flooded with illegally parked vehicles.
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One letter was submitted in opposition to the application and copied to the board.
Mr. Cline responded to the opposition, restating facts supporting the proposal. It was
indicated attempts were made to work with the neighbors, but it is not possible to satisfy
everyone.
Mr. Fowler responded to questions regarding the square footage calculations of the
bridge and mezzanine. He clarified the gross floor area on the final site plan should be
stated as 12,750 square feet. He did not object to one member's suggestion to prohibit
outdoor activity on top of the one-story structure.
Board discussion ensued. In response to a question, Mr. Richter affirmed development
requirements have been studied more carefully on Clearwater beach than in other parts of
the City. He said time did not permit the amended site plan to be routed to other City
departments for review, but he did not feel objections were likely. One member expressed
concern with the south side and rear setbacks, stating the new development requirements
attempt to reclaim open space lost over the years. While the variances are minimal,
another member agreed with the concern that incremental variances result in long term
open space loss. The third member pointed out the proposal is less intrusive than what
currently exists, but expressecl concerns with the strong public opposition. The board
expressed no concerns with the parking variance. The maiority advocated reducing
building area in favor of external open space.
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Member Johnson moved to grant Variance #1 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 four conditions recommended by staff, plus a condition
prohibiting outdoor activity on top of the one-story building. There was no second.
Member Jonnatti moved to deny Variance #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. There was no second.
Mr. Cline requested the board continue Variance #1 to the next meeting.
Member Johnson moved to continue Variance # 1 to the meeting of May 9, 1996. The
motion was duly seconded and carried unanimously.
Member Johnson moved to grant Variances #2 and #3 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} These variances are
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 these variances being null and of no effect; 2l The
requisite building permit(s) shall be obtained within one year from the date of this public
hearing; 3l The property shall be designed with a tropical seascape theme and the design
~~ shall be reviewed and approved by the Design Review Board prior to the issuance of
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permits; 4) The previously applied for variances shall be null and void; and 5) The top of the one
story building shall not be occupied for outdoor activity. The motion was duly seconded and
carried unanimously.
B2. (Cont. from (4/11/96) Barnett Bank for variances of (1) 4 percent to allow 26 percent
open space for the lot where 30 percent is allowed; and (2) 16 paved parking spaces to
allow 48 paved parking spaces where 32 parking spaces are allowed to be paved at 21,50
Cleveland St, Professional Business Complex. Lot 3 together with the West 70 ft of Lot 1,
zoned OL (limited Office). VR 96.23
This item was continued from the previous meeting to allow time for the applicant to
improve the site design and gather information to support the parking variance request.
Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to create additional parking to serve bank customers. The applicant
was responsive to staff's objection to placing six parking spaces over a stormwater retention
area, and reduced the request accordingly. As a result, variance 1/1 was reduced from 4
percent to 3 percent open space. Variance 1/2 was reduced from 16 to 10 parking spaces.
Staff felt conditions support the request and recommended approval with four conditions.
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John Steinway, with the architectural firm representing the applicant, restated the request
outlined by staff. He said branch banking business has grown into a broader range of services
than existed when the development regulations were created. As a result. many bank branches
are looking at increasing their parking provisions. He concurred with staff's recommendations.
The board indicated this is an attractive area along Cleveland Street in terms of
landscaping. They supported the plan to add parking downtown.
No one was present to speak in support or opposition to the request.
Member Johnson moved to grant Variance # 1 for 3 percent to allow 27 percent open
space, and Variance 1/2 for 10 paved parking spaces to allow 42 paved parking spaces,
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) These variances
are based on the variance application and documents submitted by the applicant, including
maps, plans, surveys, and other documents submitted in support of the applicant1s 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 these variances being null and of no effect; and 2) The requisite
building permit{s) shall be obtained within one year from the date of this public hearing; 3) The
applicant shall coordinate location of the handicapped parking spaces with the Traffic Engineer;
and 4) No parking spaces shall be constructed over the retention area. The motion was duly
seconded and carried unanimously.
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B3. (Cant. from (4/11/96) James E. & Jeanne B. Wagner for a separation distance variance
of 11ft to permit an adult care living facUity to be located 1189 ft from an existing Levell
Group Care where 1 200 ft is required at 2345 Nursery Rd, Pinellas Groves Sub, SW 1/4, a
portion of Lot 19, lying in See 19~29.16, zoned RS 6 (Single Family Residential). VR 96-24
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This item was continued from the previous meeting due to failure of the three board
members present to reach a decision. With the same three members present today, the
applicant was asked whether she wished to proceed or request a continuance to the next
meeting. Numerous citizens were present to speak to this item. Judith Beezhold, the
applicant, requested a four week continuance to May 23, as she is scheduled to attend a
seminar on May 9.
Member Johnson moved to continue Item B3 to the meeting of May 23, 1996. The
motion was duly seconded and carried unanimously.
C. New Variance Requests
C 1. David R. & B. Carree Darao. Howard A. Wells. Carl A. Benker. Jason E. & Lena
R, Wilson. Gordon L. & Carol A. Townsend. Luzmarina M. Hutchins. Leonardo
AfldrJani. Marv E. Curry. and Frederick J. & Jean Rousseau for variances of (1) 6 ft
to permit patio additions 19.25 ft from a side (south) property line; (2) 6 ft to allow
a patio structure within 19 ft of Clearwater Harbor; and (3) 25.5 ft lot width to
permit construction on a 124.5 ft wide lot where 150 ft is required at
301 Island Way, Pelican Port, Lots 1,2,3,4,6,7,8, and 9, zoned RM 20 (Multiple
Family Residential). VR 96-25
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Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to construct modestly sized second story decks outside their
townhouse units. Staff felt the proposal will enhance the building, providing visual relief
from the strong vertical building line and elevated heat pumps outside each unit. He said
the decks will not adversely affect neighboring properties nor obstruct any views. Staff
felt conditions support the request and recommended approval with two standard
. conditions.
David Darga and Fred Rousseau, representing the Pelican Court Homeowners
Association. said the tenants wish to be able to step outside their second-story sliding
glass doors to enjoy their view and to facilitate evacuation in case of emergency. He
pointed out the only egress they have currently is through the parking garage. He said the
proposed 6 x 8 foot decks will be attractive. constructed of white painted aluminum, and
minimal, extending from the building only 32 inches farther than the existing heat pumps.
Mr. Rousseau presented a letter indicating City Fire Marshal James Goodloe had said
balconies would enhance the safety of the units in case of emergency.
Mr. Darga displayed a model of th.e proposed deck design and submitted four enlarged
photographs depicting the locations of the proposed decks in relation to the heat pumps.
In response to a question. it was indicated an incomplete building permit for a dock
and dBvit adjacent Unit H is not related to the current request.
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One person spoke in opposition to the request. Robert Biggers, tenant association
president of adjacent Dearborn Towers, objected to additional encroachment into the open
space. He did not agree the proposed decks would ease the unsightly appearance of the
heat pumps. He submitted a two page letter in opposition and a photograph of an existing
wooden deck behind unit #5.
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Member Johnson moved to grant the variances as requested because the applicant
has substantially met all of the standards for approval as listed in Section 45.24 of the
LE'nd Development Code, subject to the following conditions: 1) These variances are
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 focated on the site, will result in these variances being null and of no effect;
2) The requisite building permit(s) shall be obtained within one year from the date of this
public hearing; 3) The deck behind Unit #5 shall be brought into conformance with the
appearance of the new decks; and 4) The decks shall not be screened, enclosed, or
covered with roofs.
C2. City of Clearwater for a variance of 42 inches in fence height to permit a
72 inch high fence in a setback adjacent to a street from which property is
addressed at 1301 North Betty Lane, Part of IIParkll portion of Pinebrook Sub, Unit
2, zoned OS/R (Open Space/Recreation). VR 96-26
Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to build a six foot tall chain link fence to seCUTe an existing
pump station. Staff felt conditions support the request and recommended approval with
two standard conditions.
''''''\ Claude Howell, Civil Engineer representing the City, said the fence is needed to secure
1, _/ City equipment and protect the public from the electrical equipment. In response to
questions, he described the previous and existing sewage pumping systems. He said the
fence height will not impact the view from Betty Lane because street level is elevated to
raise the adjacent bridge above the 1 CO-year flood elevation.
No one was present to speak in support of the request.
Thomas Floyd, adjacent property owner, spoke in opposition to the request. He
expressed concern the lift station was built in front of his 1 315 North Betty Lane property
without notification to him. If this variance is approved, he requested a landscape buffer
to screen the neighbors' view of the equipment. In response to questions, Mr. Floyd
discussed conditions existing in the area.
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Member Johnson moved to approve Item C2 subject to the following conditions:
1) These variances are 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. Oevia,tion 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 these variances being null and of no
effect; 2) The req'uisite building permit(s) shall be obtained within one year from the date
'of this public hearing; and 3) The Parks and Recreation Department shall plant appropriate
landscaping materials to visually screen the fence from surrounding property owners. The
motion was duly seconded and carried unanimously.
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'-----... Minutes Approval -- April 11 t 1996
Member Johnson moved to approve the minutes as submitted in writing to each
member by the Board Reporter. The motion was duly seconded and carried unanimously.
Board and Staff Comments
1 . Rules of Procedures and Policies
2. Board Procedures - Pinellas County Board of Adjustment
3. Discussion on Lobbying Ordinance and Ex Parte Communications
Ms. Dougall-Sides suggested deferring consideration of the above discussion items
until a full board is present. Board and staff concurred. It was indicated prearranged
travel plans and a death in the family have kept Ms. Pratt from attending her first two
meetings. The Board sent their regards to Mr. Gans, with hopes for a quick recuperation
after his unexpected hospitalization.
Member Schwab Questioned to whom the board may address legal questions that arise
during meetings if Ms. Dougall-Sides cannot be present. She stated attorneys are usually
available in the Legal Department office during normal business hours.
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In an April 23 memo from the City Clerk, it was noted the board's annual report to the
City Commission was rescheduled to October. It was believed this was the first available
slot. It was indicated another board member is expected to present the report if the Chair
is not available.
Miss Kayce Jones, a student vi~iting City Hall for the day, was introduced and
welcomed to the meeting.
Adjournment
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The meeting adjourned at 3:40 p.m.
-d~f
Chair .
Development Code Adjustment Board
Attest:
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S0'8rd Reporter J
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