01/26/1995 (2)
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DCAB
Development Code Adjustment Board
Minutes
Date
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, January 26, 1995 - 1 :00 1).111.
Commission Chambers, 112 South Osceola Avenue, Clearwater, Florida
APPROVAL OF MINUTES - Minutes of the January 12, 1995 meeting were continued to
February 9, 1995.
Item No.
B. VARIANCE REQUESTS:
BI. Russell & Barbnra J. Dilley, Jr. TRE (Personalities, Inc,) for variances of(l) 8 ft. to allow
a minimum structural setback from the centerline of the right-or-way of U.S. 19 of 167 ft. where 175
ft. is required; and (2) 3 additional parking spaces to allow 0 additional parking spaces where 3
additional parking spaces are required at 20866 U. S. 19 N, Sec 18-29- I 6, M&B 14. I 1, zoned CH
(Highway Commercial), V 95-02
Action: WitJuJrawn
,,:)
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B2. City National Banle of Florida, TRE (Mandalay Shores Apartments) for a variance to allow
a 3.5 ft. high fence within the rear structural setback area of a waterfront property where it is
prohibited at 880 Mandalay Ave., Mandalay, Blk 21, Tracts 1, lA, 2, 2A, 3, 3A, 4, 4A, 5 and SA of
unplatted Blk 2 I, and riparian rights, zoned RM 28 (Multiple Family Residential). V 95-05
Action: Granted subject to the following conditions: 1) This variance is based on the application
for a variance and documents submitted by the applicant, including maps, plans, surveys, and other
o documents submitted in support of the applicant's request for a variance. Deviation frmn 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 fence shall be nonopaque and only 42 inches high and
constructed as indicated on the site plan.
B3. Cypress Point Holding Corp. (Buffalo's Cafe) for a variance of 30 ft. to permit a side setback
of20 ft, where 50 ft. is required at 25801 U,S. 19 N., Cypress Point Chopping Center, Lot I, zoned
CC (Commercial Center). V95-08
Action: Granted subject to the following conditions: I) 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
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above documents submitted in support of the reqllcsl for n variance regarding the work to be done
with regard to the site or any physical structure located on the site, will result in this variance being
null and of no effect; 2) the requisite building permit(s) shall be obtaincd within six months from the
date of this public hearing; and 3) appropriate transportation impact fees shall be paid prior to the
issuance of the building permit.
B4. (cont. from 9/22/94 & 10/27/94) Grande Bay Apnrtmcnts, Ltd., (Beach Club AparAtments)
for a variance of 25 ft. to permit 0 ft. of vegetative butler to allow placement of an erosion control
revetment stucture at 2909 Gulf-to-Bay Blvd., Brown's Bayview, Wm., Lots 6, 13, 14 and parts of
Lots 5 and 15 together with vacated alley between and submerged land, zoned RM 28 (Multiple
Family Residential). V-94-56
Action: Contilmed to date uncertain.
B5. Valcntinos Koumouldis for variances of (1) 83 n. to permit a lot width of 67ft. at ,setback line;
(2) 28.75 percent to pennit 21.25 percent of front yard opcn space where 50 percent is rcquired~ (3)
3.5 ft. to permit 1.5 ft. of perimeter landscape butler where 5 n. is required; and (4) 20 percent to
permit 0 percent of clear space where 20 percent is required to allow expansion of an accessory
dwelling at 606 Bayway Blvd., Bayside Sub No.5, Blk A. Lot 7, zoned CR 28 (Resort Commercial).
V95-09
:)
Action: Continued to February 23, 1995.
B6. Gary A. Sharp for a variance to allow a 25 n. boat to be parked or stored in a required setback
area from a street (Owen Dr.) right-or-way where a 20 n. length is permitted at 1572 Owen Dr.,
Orange Blossom. Lot 14. zoned RS 8 (Single Family Residcntial), V95-10
Action: Grallted subject to the following conditions: I) 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 applicanes 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 rcsult 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) this variance is granted to the applicant for the storage of a 25 fl. boat
and shall remain in effect only as long as he is the owner of the property and that the boat does not
exceed 25 ft. in length; and 4) there being 14 County properties in this immediate vicinity, this
variance shall remain in eRect only until that time that the nmjority orthe 14 homes in the immediate
vicinity remain in the County.
B7. Herbert W. & Rhonda K. Leonhardt, Jr. for a variance to permit a wood fence to be oriented
with the finished side facing inward toward the property where the finished side is required to be
oriented toward adjoining property to allow newly installed fencing to remain at 1538 S, Betty Lane.
Brookhill Unit 2, Blk D, Lot 11, zoned RS 8 (Single Family Residential), V95~ 11
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Action: Grafltl!d subject to the following conditions: I) this variance is bused 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 n variance. Deviation from any of the
above documents submitted in support of the request tor 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.
D8, Clearwatel'S Ol'iginal Oystcl' Bal" Inc, (Jersey Joe's Home oCthe Ultimate Sub) for a variance
of 15 additionai parking spaces to allow 0 additional parking spaces where 15 additional parking
spaces are required at 2396 Gulf-ta-Bay Blvd., See 18-29-16, M&B 24.07, zoned CG (General
Commercial). V95-12
B9. Gulf-to-Bay Mobile Home Park Partnership for variances of( I) 3 n. to permit a separation of
7 ft. from adjacent mobile homes IInd appurtenant structllr~s where Ion IS rcquircd~ and (2) 4 ft. to
permit a 6 ft. setback {i'om a peripheral side property line at 2381 Gult:'to-Bay Blvd., See 18-29-16,
M&B 31.01, zoned RMH (Mobile I-Iome Park). \'95-13
Action.' JVitlulraJIIJl.
>.,0
Action: Grallfet! subject to the following conditions: I) This vuriance is based on the application
for a variance and documents submitted by the applicant, including maps, plans, surveys, und other
documents submitted in sllpport of the applicant's request lor a variance. Deviation from any of the
above documents submitted in support of the request tor a v"dance regarding the work to be done
with regard to the site or any physical structure locmed on the site, will result in this variance being
null and orno eflect; 2) the requisite building permit(s) shall be obtained within six months from the
date of this public hearing: 3) all certificates of occupancy shall be obtained within six months from
the date of this public hearing; and 4) no enclosure of the patios shall be permitted.
D. LAND DEVELOI)MENT CODE AMENDMENTS:
DI. Ordinance No. 5765-95 of the City of Clearwater, Florida, relating to the Land Development
Code~ rescinding existing Section 36.038, Code orOrdillt\llces, eliminating the North Greenwood
Design Committee; creating a new Section 36.038, Code orOn.linances, to establish a Design Review
Board, and to establish powers, duties, and jurisdiction 1'01' tIll: Board; providing an effective date.
ActiOll,' RecolJlliu!lld endorse/nelll.
D2, Ordinance No. 5766~95 or lhe City of Clearwater, Florida, relating to the Land Development
Code; amending Sections 36.033,36.066,36.083,37.21. 40,674, 43.03, 43.04, 43.21 through 54.23
and 54.53, Code of Ordinances, to delete the requirement fbr receipt and referral of annexations,
subdivision plats, site pJans, zoning atlas amendments and Comprehensive Land Use Plan
amendments; to provide for variance approvnl by the Planning and Zoning Board; tp require the
posting of the properties which are the subject of proposed site plans mld subdivision plats~ to
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authorize the Development Code Administrator to certiiy site plans and subdivision plats; to authorize
the City Manager to determine whether to require the conveyance .of land, payment of cash, or a
combination thereof to satisfy the Recreation Land Impact Fee nnd Open Space Impact Fee;
providing an eflective date.
Action: Continlled to March 9, 1995.
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ELECTION OF OFFICERS
Alex Plisko, Chairman
Emma C. Whitney, Vice-Chair
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MINUTES
DEVELOPMENT CODE AD,JUSTMENT BOARD
Thursday, .Janunry 26, 1995. 1 :00 p.m.
Commission Chambers, 1 ] 2 South Osceola ^ venue, Clearwater, FL
Members present:
Alex Pliska, Chair
Emma C. Whitney, Vice-Chair
Joyce E. Martin
John B. Johnson
OUo Gans
Also present:
John Richter, Senior Planner, Central Permitting Dept.
Miles A. Lance, Assistant City Attorney
Sally Demarest, Board Reporter
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The meeting was called to order by the Chair at 1 :00 p.m. in the Commission Chambers of City Hall.
Mr. Johnson led the Pledge of Allegiance and invocation. Mr. Pliska outlined procedures and
advised anyone adversely affected by any decision or the Development Code Adjustment Board may
file an appeal with the City Clerk Department within two weeks. He noted Florida law requires any
applicant appealing a decision of this Board to have a record of the proceedings to support the
appeal. :'.
In order to provide continuity, the items will be listed in agenda order although not necessarily
discussed in that order.
By motion duly seconded, the minutes of the January 12, 1995 meeting were continued in order
to veritiy the wording of the motion for item B-5.
The following Variance requests were considered:
HI. Russell & Barbara J. DillcYt Jr. TRE (Personalities, Inc.) for variances of (I) 8 ft. to
allow a minimum structural setback from the centerline of the right-of:'way of U.S. 19 of 167
n. where 175 n. is required; and (2) 3 additional parking spaces to allow 0 additional parking
spaces where 3 additional parking spaces are required at 20866 U.S. 19 N, See 18-29-16,
M&B 14.11, zoned CH (Highway Commercial). V 95-02
Mr. Richter indicated this item was continued from January 12, 1995 to enable the applicant to
submit a site plan to the Traffic Engineer for review and determination as to whether it conforms
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with the City's parking requirements; no site plan has been submitted by the applicant. Mr. Richter
said the applicant has withdrawn the request.
82. City Nntional Bunl{ of Floridn, TRE (Mandaluy Shores Apartmcnts) for u variance
to allow a 3.5 ft. high fence within the rear structural setback urea of a waterfront property
wherc it is prohibited at 880 Mundnlay Ave., Mandalay, Blk 21, Tracts I, lA, 2. 2A, 3, 3A,
4. 4A, 5 and 5A of unplatted Blk 21. and riparian rights. zoned RM 28 (Multiplc Family
Residential). V 95.05
Mr. Richter gave the background of the application and presented, in writing, the staff recommen-
dations. It was indicated this item was continued from January 12, 1995 because thc upplicanCs
representative was not officially recognized by the Board due to thc absence of n Icttcr of
authorization from the property owner, which has now been receivcd.
The applicant is requesting variance approval for a 3.5 ft. high fence within the rear structural
setback area of a waterfront property, to be located farther than ten ft. frorn the edge of the
swimming pool. It was noted the fence will not negatively impuct any water views of neighboring
properties.
Speaking for the applicant, Joyce Vichman, Community Manager. 880 Mandalay Avenue,
Clearwater said the proposed fcnce will be white }lve around the dccking area inside the property
and will not interfere with view of the neighbors. She said the owner's insurance company.
~~~;~ requested installation oCthe fence and, responding to a requcst from the Board, Ms. Viehman agreed
to send Mr. Richter a copy ofthe insurance company's lettcr. It was notcd the rvc will be similar
in appearance and more durable than wrought iron or other metals, and is environmentally friendly.
There were no persons or documents in support or or opposition to the application.
Based upon the information furnished by the applicant, Mr. Gans movcd to grnnt thc variance as
requested because the applicant has substantially met all of the standards for approval as listed in
Scction 45.24 of the Land Devclopment 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 or the above do'cuments
submitted in support of the request lor a variance regarding thc work to be done with regard to the
site Of 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 datc of this
public hearing; and 3) the fence shall be nonopaque and only 42 inches high and constructed as
indicated on thc site plan. The motion was duly seconded and carried unanimoLlsly.
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83. Cypress Point Holding Corp. (Buffalo's Cafe) for a variance of 30 n. to permit a side
setback of 20 n. where 50 n. is required at 2580 I U.S. 19 N., Cypress Point Chopping
Center, Lot I, zoncd CC (Commercial Center). V95-08
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Mr. Richter gave the background or the application and presented, in writing, the stotT recol11men~
dations. It was indicated that a canopy was approved with the original application, and the deck
portion of this item was continued from January 12, 1995 to allow staff to further investigate the
number of parking spaces originally granted and those presently at the site. He noted when the
property was originally developed the variance requested for parking allowed 703 parking spaces
to serve the shopping center: 706 spaces were actually provided on site.
The applicant proposes to provide an outdoor scating area for his customers who desire outdoor
dining. The applicant is requesting the side setback variance in order to construct a deck with a
canopy 011 the west side of the existing restaurant. The proposed deck with a canopy will extend
approximately 13 feet from the wall of the existing building, and will utilize 345 sq. n. of outdoor
urea.
The applicant, Clifford 1. Soechtig, President of CJS Investments, Inc., 2417 Huntington Blvd.,
Safety Harbor described the proposed deck addition which will be constructed to conform with
similar existing structures in the shopping center. He indicated the business is scheduled to open
Sunday, without the deck.
There were no persons or documents in support of or opposition to the application.
<:)
Based upon thc information furnished by the applicant, Ms. Whitney moved to grant the variance
as requestcd because the applicant has substantially met all of the standards for approval as listed
in Section 45.24 orthe Land Development Code, more specifically, because the variance arises from
a condition unique to the property and was 110t 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 nuH and or no
effect; 2) the requisite building permit(s) shall be obtained within six months from the date of this
public hearing; and 3) appropriate transportation impact fees shall be paid prior to the issuancc oj'
the building permit. The motion was duly seconded and CUrl'icd unanimously.
84. (cont. from 9/22/94 & 10/27/94) Grande Un)! Apartments, Ltd., (Beach Club
Apartments) tor a variance of 25 f1. to permit 0 ft. of vegetative buffer to allow placement
of an erosion control revetment stucture at 2909 Gulf-to~Buy Blvd., Brown's Bayview, Wm.~
Lots 6, 13, 14 and parts of Lots 5 and 15 together with vacated aUey between and submerged
land, zoned RM 28 (Multiple Family Residential). V-94-56
Mr. Richter gave the backgroun.d of the application and presented, in writing, the staff recommen-
dations. It was indicated that staff is recommending an indefinite continuance of this item. Mr.
Richter said a continuance to a date uncertain would ensure the item was not agcndaed again until
y the City Commission acted on the site plan.
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Mr. Lance notcd if the purpose Jor a continuance were proceuural. i.e. to enable the applicant to
appear before the appropriate Boards in proper sequcncc, there would be no problem with continuing
the item.
Ms. Whitney made a motion to continue this item to a datc uncertain pending City Commission
action on the site plan. The motion \Vas duly seconded and cHI-ried unanimously.
85. Valcntinos Koumouldis for variances of (1) 83 n. to permit u lot width of 67 n. at
setback line; (2) 28.75 pcrcent to permit 21.25 percent of front yard open space where 50
percent is required; (3) 3.5 n. to permit 1.5 n. of perimcter landscape buffer where 5 ft. is
rcquired; and (4) 20 percent to permit 0 percent of clear space where 20 percent is required
to allow expansion of an accessory dwelling at 606 Bnyway Blvd., Baysidc Sub No.5, Dlk
A, Lot 7, zoned CR 28 (Resort Commercial). V95-09
Mr. Richter gave the background of the application and presentcd, in writing, the staff recommen-
dations. It was indicated statT had recommended a continunnce of this item to enable the applicant
to provide a detailed site plan drawn to scale with the dimensions of all the existing structures
including the proposed construction. Staffhas received t.he drawing, and rcquests a continuance to
February 23rd to determine all the variances required by the applicant and to incorporate such
requests together in one application.
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Mr. Johnson made a motion to continue this itcm to Fcbruary 23, 1995. The motion was duly
seconded and carried unanimously.
86. Gary A. Sharp lor a variance to allow a 25 n. boat to be parked or stored in a required
setback area from a street (Owen Dr.) right-or-way where a 20 fl. length is pemlitted at 1572
Owen Dr., Orange Blossom, Lot 14, zoncd RS 8 (Single Family Residential). V95-10
Mr. Richter gave the background orthe application and presented, in writing, the staffrecommen-
<.lations. It was indicated the applicant is requesting the variance to allow his boat to remain in its
present location in front of the house within the setback area from a street right~of-\Vay on a
residential property. The applicant said the boat has been parked at its present location since 1987
without any adverse impact on adjoining properties. However, City Code does not permit a boat
longer than 20 ft. to be parked or stored, in whole or in part, within any required setback area from
a street right-of-way on a residentially zoned property. Mr. Richter said the applicant received a
notice of violation and the applicant is petitioning for the variance to clear the violation. He notcd
three alternatc boat storage sites on the site plan.
The applicant, Gary Sharp, 1572 Owen Drive, Clearwater said he has lived at the premise for ten
years and was unaware of the Ordinance. Other neighbors store boats; however, their homes are
Pinellas County properties; only his and one other property arc in the City. Mr. Sharp asked 1) is
the distance of25 n. injurious; and questioned 2) whether "in harmony" also applies to the absent
sidewalk for which he is taxed. He distributed three pictures of the area surrounding his home
'......) verifying the amount of open space. Relocation of the boat to another area would jeopardize his
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landscaping, established at considernble expense. He said he believed a neighbor filed the complaint
in rctaliation for being citl.:d lor a cur left on the street; he offered u list of neighbors in support of
his request.
The. neighbor across the street, Arthur Kidder, t 591 Owen Drive. Clearwater spoke in support orthe
application. He said he has no complaint about the boat, adding it is always covered.
The daughter oCthe applicunt's neighbor to the right, Brenda Jones, 1554 Owcn Drive, Clearwater
said her parents' homc is in the County. She reported that Mr. Sharp's property and boat are
immaculate and he is a good neighbor. She added she also has a 25 ft. boat in her driveway.
There were no persons or documents in opposition to the application.
In the ensuing discussion it was agreed that, while the City welcomes annexations, doubt was
expressed that the City intended to handicap those who choose to do so. There \Vas concern whether
location of the boat would preclude the applicant from using the garage 10r storage of his motor
vehicle; the garage is presently utilized for storage and a workshop. The Chairman opined that strict
enforcement of the Ordinance would cause the applicant to be unique in the neighborhood.
Bused upon the infonnation furnished by the applicant, Mr. Gans moved to g,'unt 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
u condition unique to the property and was not caused by the owner or applicant subject to the
following conditions: I} This variance is based on the application for a variance and documents
submitted by the applicant. including maps, plans, surveys, and other documcnts ,submitted in
support of the applicant's request for a variance. Deviation from any of the abovc documents
submitted in support of the request for a variance regarding the work to be done with rcgarclto the
site or any physical structure located on the site, will result in this variancc being null and of no
ctTect; and 2) the requisite building permit(s) shall be obtained within six months from the date of
this public hearing; 3} this variance is grantcd to the applicant for the storage ora 25 t't. boat and
shall remain in effect only as long as the applicant is the O\\11cr of the property and that thc boat docs
not exceed 25 ft. in length; and 4) there being 14 County properties in this immediate vicinity, this
vuriance shall remain in encct only until that time that the majority of the 14 homes in the immediate
vicinity remain in the County. Upon the vote being taken, Mr. Johnson, Mr. Gans and Mr. Plisko
voted "aye"; Ms. Martin and Ms: Whitney voted "nayH. (3-2) Motion cnrricd.
B7. Herbert W. & Rhonda K. Leonhardt, Jr. for a variance to permit a wood fence to be
oriented with the t1nishcd side facing inwar~ toward the property where the finished side is
required to be orientcd toward adjoining property to allow newly installed fencing to rcmain
at 1538 S. Betty Lane, Brookhill Unit 2, Blk D, Lol II, zoned RS 8 (Single Family
Rcsidential). V95-11
Mr. Richter gave the background of the application and presented, in writing, the staff recommen-
\.J dations. It was indicated this is a request to allow the applicantts newly installed finished side orthe
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fence to face inward toward the property where the support posts and stringers are required. A fence
pemlit was issued to the applicant on April 4, 1994 to creet a wood fence 312 Ceet long, und six feet
high on the property. One side ofthe fence was corrected aner a complaint by the neighbor; the
other three adjoining property owners have written to support this rcqucst.
The applicant, Herbert Leonhardt! 1538 South Betty Lane, Clearwater said at the time he reccived
his pcnnit! he was not awure the Code mandated that the iinishcu side or the fence face outward, but
he was told it "should". He said the new fence replaced an old chain link fence and considerable
landscaping had been added. Also, his adjoining neighbors had agreed to the aesthetic
"disadvantage" of the unfinished sides of the fence facing their properties.
There were no persons or docl11cnts in opposition to the application.
It was noted the fence correction was of a different construction. but is now to the satisfaction of the
neighbor who complained. The applicant's concern for his ncighbors and cfforts to amicably resolve
the situation were recognized. The wisdom of forcing the applicant to turn thc fence arollnd when
the neighbors have no objection was questioned.
<:)
Based upon the information furnished by the applicant! Ms. Whitney moved to grant the variance
as requested because the applicant has substantially mct all of the standards for approval as listed
in Scction 45.24 oCthe Land Development Code, more specifically, because the variance arises from
a condition unique to the propcrty and was not caused by the owner or applicant subject to the
following condition: I) 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 applicantts request for a variance. Deviation from any of the above documcnts
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 variancc being null and of no
effect. The motion was duly seconded and carried unanimously.
D8. Clcanvatcrs Original O}'stcr Bur, Inc. (Jersey Joe's Homc orthc Ultimate Sub) for
a variance of 15 additional parking spaces to allow 0 additional parking spaces where 15
additional parking spaces are required at 2396 Gulf-to-Bay Blvd., See 18-29-16, M&B
24.07, zoned CO (General Commercial). V95-12
The Chainnan indicated the applicant has requested by telephone that this item be withdrawn. It was
noted he will forward a letter confirming this rcqucst.
89. Gul f-to-Bay Mobile Home Park Partncrship for variances 0 f (I) 3 Ct. to permit a
separation of 7 f~. from adjacent mobile homes and appurtenant structures wherc ] 0 n is
required; and (2) 4 ft. to permit a 6 ft.. sctback from a pcripheral side property linc at 2381
Gulf:'to-Bay Blvd.! See 18-29-16, M&B 31.01, zoned RMH (Mobile I-Iome Park). V95-13
Mr. Richter gave the background orihe application and presented, in writing, the staff recommell-
~ dations. It was indicated the applicant is requesting the two variances to replace two mobile homes
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destroyed by tire live months ago. These mobile homes measured 12 x 49 n. and 12 x 58 n. and
each had a seven n. wide Florida room attached.
The applicant. Keith Bailey, General Partner, 2381 Gulf to Bay Boulevard, Clearwater described the
older, 73-unit mobile home park. and said the residents arc primarily senior citizens. He said his
considerations were for I) the least intrusion into setback and 2) safcty concerns. The replacemcnt
homes, although not yet purchased, would be consistent with those already in the mobile home park.
The proposed outside areas wiII have aluminum awnings covering unenclosed aluminum patios
replacing the Florida rooms. He said: 1) denial of the variance would represent a significant
financial hardship, 2) the application represents minimal setback and 3) granting the variance would
not be a detriment to adjoining properties.
In the ensuing discussion, the applicant assured the Board the existing concrete slabs will have no
impact on the proposed construction. Mr. Bailey said the bout on the premises will be removed.
He indicated the majority of homes are owned by individuals and the partnership leases the land.
It was agreed that new homes would contribute to the rcnovation of this older mobile home park.
There were no persons or documents in support of or opposition to the application.
Based upon tJle 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
I"";:;)
~ 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
etTect~ 2) the requisite building pem1it(s) shall be obtained within six months from the datc of this
public hearing; 3) all certificates of occupancy shall be obtained within six months from the date of
this public hearing; and 4) no enclosure of the patios shall be permitted. The motion was duly
seconded and carried unanimously.
The following Land Devclopment Code Amendments wcre considered:
D I. Ordinance No. 5765w95 of the City of Clearwater, Florida. relating to the Land
Development Codc; rescinding existing Section 36.038, Code of Ordinances, eliminating thc
NOlth Greenwood Design Committee; cfcating u new Section 36.038. Code of Ordinances,
to establish a Design Review Board, and to cstablish powcrs, duties. and jurisdiction for the
Board~ providing and elTective dute.
Mr. Richtcr gave the background of the proposed Land Development Code amendment. It was
indicated the proposed code amendment replaces an carlier dral't amendment involving Clearwater
V Beach only. The amendment now encompasses nonresidential sections of Clearwater Beach,
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Downtown Clearwater and the North Greenwood Commcrcial District, and r~stablishcs a scvcn-
member Board to dcvelop and implement design guidelines. It was notcd design standards are
optional Downtown, but will be mandatory on the Bcach and in thc North Greenwood area.
Mr. Johnson moved to recommend endorsement of the proposed Code amendment to the City
Commission. The motion was duly seconded and c~lrried unanimously.
D2. Ordinance No. 5766-95 of the City of Clearwater, Florida, relating to the Land
Development Codc; amending Scctions 36.033, 36.066, 36.083, 37.21, 40,614, 43.03, 43.04,
43.21 through 54.23 and 54.53, Code of Ordinances, to delcte the requirement for receipt and
referral of annexations. subdivision plats, site plans, zoning atlas amendments and
Comprehensive Land Use Plan amendments; to provide for variance approval by the
Planning and Zoning Board; to require the posting of the properties which are the subject of
. proposed site plans and subdivision plats; to authorizc the Development Code Administrator
. . .'to certify site plans and subdivision plats; to authorize the City Manager to determine
whether to require the conveyance of land, payment of cash, or a combination thereof to
satisfy the Recreation Land Impact Fee and Open Space Impact Fce; providing an effective
date.
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Mr. Richter gave the background of the proposed Land Development Code amendment. It was
indicated the amendment was prepared in response to a proposal by the Code Enforcement Review
Task Force and endorsed by the Affordable Housing Advisory Committee. Staff also recommends
that certification of site plans occur at the Central Permitting Department, thereby eliminating a
procedural requirement involving the City Clerk Department. It is anticipated that adoption of the
proposed amendment will significantly reduce unnecessary delays of development projects due to
multiple board review of proposals, provide notification to the public that development is proposed
and improve customer service.
The proposed ordinance docs not include an acreage "cap" for receipt and referral of site plans,
pending input from City boards; staff continues to recommend a 25-acrc "cap".
Ms. Whitney moved to continue the proposed Code amendment to the March 9, 1995 meeting. The
motion was duly seconded and curried unanimously.
The following Chairman's items were considered:
The Chuinnun advised that. because he introduces the variance application by reading its description,
it is not necessary for members to repeat the variance description when making u motion.
Chairman Plisko asked that all mail be sent to his ofticc, 800 Drew Street, Clearwater 34615. and
not his home.
Following arc Board nod Staff comments:
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Mr. Richter relayed Code Enforcement has been advised of the mural painted on the back ofthc sub
shop on Clearwater Beach and it wilt be addressed together with sign compliance.
The Chairman asked Mr. Richter to inquire about a six n. chain link fence mounted on a low wall
on the setback at a Court Street storage facility, located next to the consignment furnitt~re store. He
also said a South Fort Harrison Street produce stand littered with debris and vehicles needed
attention.
The prohibition of portable signs was discussed, and the auto repair shop nt the comer of Turner
Street near the car wash was particularly noted.
Election of Officers:
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Mr. Richter advised that election of officers for the Board is scheduled in January of each calendar
year. Mr. Lance advised the election did not need to be advertised and the members agreed to hold
the election at the close of the meeting today.
Chaimmn Pliska called for nominations for the offices of Chair and Vice Chair. Motion was made
by Mr. Johnson to nominate Mr. Plisko to serve the Board as Chuir ior another term; Mr. Pliska
accepted the nomination. Mr. Gans seconded and the motion curried unnnimously.
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Motion was made by Ms. Martin to nominate Ms. Whitney to serve the Board as Vice Chnir; Ms.
Whitney accepted the nomination. Ms. Whitney seconded and the motion carried unanimously.
There being no further business, the meeting adJourned at 2:40 p.m.
Alcr2:9~1
Chairman
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