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02/09/1995 (2) .' , . ,. ' " : .' L ~ . . . . ' , .>\,~:. ':7:.::": . . . <'0 .' ., .. \ ' I '". " , '" . , ' , ' , ,~ '. I' " ; .. _...... ' . .... ""c',""~..'" ~d. '"'' ..<._ ~!".",.. .... I'C ,. ....../... .', .;.< .....,' ',' ",.... "'. , !'"") , I ...~....,..... DCAB . ,Development Code Adjustment Board, Minutes Date o -I ~ II / h \ V , ~~~:;'?'H",v: , .:~ ,1.," f.. I" ' ", ...... " >/ .' 'j. .' "' , ' . ~ . , II. , ''';:' .' ~ .,". . .... <' ,.' ..r'l".:..~..~t.~",'~>':'.l',..:F~~ .,.": I~"'" ~:'~.c" "'!";.'''. 1,>"- . '" ,"( d I ~" . .:.".' . ,.' . . ~'< . ., . . . ': ," " , J' ~'... ,. . - '..... ~.r, <<' ,I " ./ CJ ...."''t'\.....tl ACTION AGENDA , OEVELOPMENT CODE AD,JUSTI\U:NT BOARD 'I'll lIJ'Sdll)', Febl'lllt I'y 9, 1995 - I: 00 p.m. Commission Chambers, 112 South Osceola Avenue, Clearwater. Florida lit'lll ~o. A. APPROVAL OF MINUTES I. January 12, 1995 approved with correction, 2. Jilllunry 26, 1995 approved as submitted, ':n. VARIANCE REQUESTS: I. (cont frolll 1112/95) Alnhn Bench Resort. Inc.lStC(lhcn Gincz (Quality Inn Beach Resort) for vmiances of (1) 6 percent to pemlit a minimum open space for the lot of 19 percent where 25 percent is required; and (2) 25.4 ft to permit 24 ft of continuous clear space where 49.4 n is required to allow a new parking 'structure at 655 S. Gulfvicw Blvd., Bayside Sub. No, 5, Blk C. Lots 8-\\ and riparian rights, zoned CR 28 (Resort Commercial), V 95-06 Action: Continued to April 27,1995. ;'~~ I~ v i1ctDC02a.95 1 02/09/95 ~~{'./'::',:",. ':.' '," . t '. ~ tJ MINUTES DEVELOltMENT CODE AD.1USTMENT BOARD Thursday, February 9, 1995 - I :00 p.m. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL Members present: Alex Pliska, Chair Emma C. Whitney, Vice-Chair Joyce E. Martin Otto Gans John B. Johnson Also present: John Richter, Senior Planner, Central Permitting Dept. Miles Lance, Assistant City Attorney Sally Demarest, Board Reporter, City Clerk Department ~:) The meeting was called to order by the Chair at I :03 p.m. in thc Commission Chambers of City Hall. Ms. Whitney led the Pledge of Allegiance and invocation. Mr. Pliska outlined procedures and advised anyone adversely affected by any dccision ofthe 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 itcms will be listcd in agenda order although not neccssarily discussed in that order. By motion duly secondcd, the minutes of thc January 12, 1995 werc approved with correction to condition 5), item B-5. The January 26, 1995 meetings were approved as submitted, The following varinnce request was considered: 81. cont from 1/12/95) Alpha Bench Resort. Inc./Stcphcn Ginc7. (Quality Inn Beach Resort) for variances of' (I) 6 percent to permit a minimum open space for the lot of 19 percent where 25 pcrccnt is required; and (2) 25.4 ft to permit 24 ft of continuous clear space where 49.4 ft is required to allow a new parking structure at ~ S. Gulfview Blvd., Bayside Sub. No.5, B1k C. Lots 8-11 and riparian rights, zoned CR 28 (Resort Commercial). V 95- 06 Senior Planner John Richter distributed u letter datcd Fcbruary 6, 1995 from I-larry S. Clinc of MacFarlane, Ausley Ferguson & McMullen, Attorneys, recently retained by the applicant. Mr. Cline requested a continuance of the application for an additional 45 days to enable the firm to have '---" sufficient time to review the circumstances of the application. minDC02a.95 J 02/09/95 t ,I ~. . ,'. . ~ .. . ,,' I . ....'.'. I . ;J~I) '. f'r(;J'!:I,'j')J""I. i~!~'~.." . . . . ~. i. r'..: . ," I~ , Attorney David Foster, spoke as representative for Ted and Marie Leonard, of Chicago; Illinois, owners of the adjoining property. Assistant City Attorney Miles Lance opined it would be proccdurul1y incorrect for Mr. Foster or the Lconards to make a presentation at this time because the applicant or his representative was not present or prepared to otTcr u rebuttal. It was recommended that Mrs. Leonard submit a presentation statement in writing to the City Clerk if she were unable to attend the meeting on a date of continuance. Ms. Whitney made a motion to continue variance request V95-06 to April 13, 1995; the motion was duly seconded. Speaking briefly, Mrs. Leonard said because of the Easter holiday, the board meeting date of April 27, 1995 was the most convenient date in April to enable her to attend the meeting. Ms. Whitney offered and the board agreed to change the date of continuance in her motion to April 27, 1995. The motion curried unanimously. The following Chairmnn's item was discussed: Chairman Pliska reported that he did not receive a parking permit; Mr. Richter said he will provide a parking permit for the chairman. The following arc Board and Staff comments: (^^",\ ....rtI Mr. Richter distributed the 1995 meeting schedule, particularly noting the November and December schedule. Mr. Richter wiII determine the status of the ordinance which provides for the granting of minor . :. varmnces. The matter of the proccss of appeal moving to the City Commission rather than a Hearing Officer as recommended by the advisory boards was brict1y discusscd. It was notcd lhe Commission will be handling the appeal process on a six.month trial basis. Memorandum from Central Permitting Director Scott Shuford to Betty Deptula, City Manager, dated January 13, 1995 re: Board appeals - Recommendation, was discussed. Mr. Richter was asked to provide clarification. There being no further business, by motion duly seconded, the meeting adjourned at I :20 p.m. v d9~~ Alex Plisko Chairman minDC02u.95 2 02/09/95