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03/23/1995 (2) . .. ~ " . ~ > . ,', . . .f ~:~.~\ ),,>;1:, ,I,.'. , . . ~ . . ... ~.. " . . . ~ +" r . ~ ,l'. ': . ,1"' c " ~ "~ . ! { : < . ' ',' .' ,>' ~ ~ ~" ':. . :J ,:, c'c ' . ~ . c ~;~' ~. ~:."'. .' ..'t1-, .' " , ~f(7;;v.:,t!,!;{;,:\,!):,,:j:'~:,>,~i~~;:r:';!':; ,'\:';':'-' ,:, ::,,;,<:,:,\:.:>::.,. ~,' ,,\..:,::.;:.~ ,.,'/:, ' ",': :"'::, '~,:/',..";;;,:",,,-, " ',',>',.:','..- ,', :'" , ' . I. "i-L ..'.: . I. 1':' ~'" ',1.:i' ;\....": '.f: ~t ~:~! ;.,: \.,'. ....:.~ '<?.... ~I.' 11~: ~ '''-..I'' DCAB , Development Code Adjustment Board Minutes Date ~ ~3. , ms- ",,0 -1- J/ L/S I ! i , I J '.J ::f.l,; ."~ .' .". , .....''"' ACTION AGENIlA DEVELOI1MENT conE ADJUSTMENT BOARD Thursdny, Murch 23. 1 :00 p.m. Commission Chambers, 112 South Osceola Avenue, Clearwater, Florida Agenda Item No.: APPROVAL OF MINUTES ~ Approved minutes o1'thc March 9.1995 meeting as *"'''' B. V ARIANCE REQUESTS: 1. (cont from 2/23/95) LLOYD S. RUTH n. MARKS (Dunkin Donuts) for a variance of 3 additional parking spaces to permit 0 additional parking spaces where 3 additional parking spaces to allow a 194 sq, n expansion at 600 S. Missouri Ave, Turner Street Groves, Lots 6-13, zoned CO (General Commercial). V 95-19 Actio,,: Contillued to April 27. 1995. 2. (cont from 2/23/95) TOM SEHLHORST & nOn.OTHY M. CASEY (Catarelli Construction) for variances of (1) 25. 1l to permit a minimum lot width of 50 ft where 75 ft is required; (2) 550 sq. ft to permit a minimum lot area of 6950 sq. ft where 7500 sq. n is required; (3) 3.2 n to permit a structure 6.8 ft. from u side (west) property line where 10ft. is required; (4) 0.7 1l to pennit a structure 9.3 ft from a side (east) property line where 10 n is required; and (5) 7.3 n to permit a structure 2.7 ft from a rear property line where 10ft is required at 604 Palm Bluff St., Palm Bluff 1st Addition, Lot 23, zoned CI (Inml Commercial). V 95w14 ('~;"") ~~ 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 documents submitted in support of the applicant's request tor a variance. Deviation frol11 any of the above documents submittcd in support of the request for a variancc regarding ~he work to be done with regard to the site or any physical structure located on the site, will result ill this variance being null and oruo etlect; 2) the requisite building permit(s) shall be obtained within six months from the date of this public hearing; 3) the parking lot layout shall meet City parking standards and approval frum the City Traffic Engineer prior to the issuance of a building permit; and 4) the construction trailcr bc removed from this property. D. LAND DEVELOPMENT CODE AMENDMENTS: Therc were no Lund Dcvelopment Code amendmcnts. \--.) nctDC03b.95 1 03/23/95 (;H6/';;;~~'~; ''".<~. ',i ~:.:' ,:~ ~ .. ":' 'I~.:', ~"., ,,'" '... ,,' " , ' i~~:;;':\;;<)' .':-,: ,,' ..' , ' ' , :'i ~ MINUTES DEVELOPMENT CODE AD.JUSTMENT BOARD Thursday, March 23, 1995 - 1:00 p.m. Commission Chambcrs~,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 Pennitting Dept Miles Lance, Assistant City Attorney Sally Demarest, Board Reporter, City Clerk Department I:) 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 of the Development Code Adjustment Board may appeal through the City Clerk Department within two weeks. He notcd 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 February 9, 1995 meeting were approved as submitted. The following vnriance requests were considered: Bl. (cant from 2/23/95) LLOYD S. nUTH B. MARKS (Dunkin Donuts) for a variance of 3 additional parking spaces to pennit 0 additional parking spaces where 3 additional parking spaces to allow a 194 sq. it expansion at 600 S. Missouri Ave, Turner Street Groves, Lots 6~13, zoned CO (General Commercial). V 95-19 Chainnan Pliska relayed to the board that the applicant has requested a continuance to the April 27, 1995 board meeting. Mr. Gans moved to continue the request to April 27, 1995. The motion was duly seconded and carried unanimously. u minllC03b.95 1 03/23/95 .' \ ~'>' . ,'. ." . '.. lit',,'" , ' 1~1~; '~'I.l.'. ", t {~~;. 'r " }, :,' ~ 112. (cont from 2/23/95) TOM SEHLHORST & DOROTHY M. CASEY (Cntnrclli Construction) for variances of (1) 25. ft to pcmlit ~ minimum lot width of 50 n where 75 n is required; (2) 550 sq. n to pcrmit a minimum lot area of 6950 sq. ft where 7500 sq. n is required; (3) 3.2 ft to permit a structure 6.8 ft. from u side (west) property Hne where 10 It. is required; (4) 0.7 ft to permit a structure 9.3 ft from a side (cast) property line where 10 ft is required; and (5) 7.3 fi to pennit a stmcture 2.7 ft from n renr property line where 10ft is required at 604 Palm Bluff St., Palm Bluff 18t Addition, Lot 23, zoned Cl (lnfill Commercial). V 95-14 Mr. Richter gave the background of the application and presented, in writing. the stuff recommendations. He indicated the continuance from the February 23, J 995 meeting was caused by an error in the advertisement tor the variance request, adding that the flaw has been corrected and all parties have been properly notified. Mr. Richter explained the nced for a hurricane anchor to place the building in compliance with code was the reason for the application, and relayed the dimensions ofthe building, property and setbacks. The construction trailer now on the property does not have the required authorization from the Planning & Zoning Board and staff recommends this as a condition for approval, as well as parking comply with City code and be approved by the Traffic Engineer prior to issuance 0 f a building permit. ,'--") \.~ Tom 8chlhorst, 611 Palm Bluff Street, Clearwater, asked that requests 1) and 2) be voted upon separately, and said the conditions for approval suggested by staff arc not acceptable to him. He spoke at length, sharing his views as to his needs and the conditions he would prefer. He said the Traffic Engineer has approved a 4-space parking plan. He asked that parking be on pervious soil, recommended that there be district parking lots in the subject area and indicated that new busincss should be encouraged. Mr. Sehlhorst shared his Business Plan and offered options for remedial activities for the building in question, which he built without a pcm1it in 1988. He mentioned there arc 146 additional lots in the area which will need variances. The ChaimlUll noted that a variance Cor the 101 area or lot width would not be required if variances of other types were not requested, and structures in this area will conform as a legal buildings if all setback and lot coverage requirements arc met; Mr. Richter agreed. Mr. Richter reported there arc three documcnts in support of the application. There were no persons or documents in opposition to the request. Mr. Sehlhorst concluded by saying the suggested stafr conditions should be open for discussion with the applicant so that a conclusion or compromise more acceptable to the applicant could be reached. Exception was taken to the owner of un illegal building dictating conditions for approval to the board. \.J minDC03h.95 2 03/23/95 . ." ~ . . '. . I . . . ,. .., . . " . " '.' >' . .)):,:- \' ',,', ~~::t:;c..i .1. . "'"""'"' '.., .I A motion was made by Mr. Gans to approve the request subject to the following conditions suggested by staff: 1) This variance is based on the application lor 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 oCthe request for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect; 2) the requisite building permit(s) shall be obtained within six months from the date of this public hearing; 3) the parking lot layout shall meet City parking standards and approval from the City Traffic Engineer prior to the issuance of a building permit; and 4) the construction trailer be removed from this property. The motion was duly seconded and carried unanimously. There were no Land Development Use code amendments on the agendn for considerntion. The following Chnirman's Hem wns discussed: Chainnan Plisko encouraged board members to contribute to the DCAB report to the City, scheduled for May 18, 1995. The following Board nnd Staff items were discussed: Mr. Richter noted the applicant for 606 Bayway Boulevard (V -95-09) has filed an appeal. ..,.c,\ t~,~/ Code Enforcement There was n general discussion relative to the code enCorcement process~ and its current drive to educate violators rather than using an "enforcement" approach. Diverse opinions were expressed. ~< Members' points of contention that the Community Response Team does not respond to the person making a complaint, the Building Department docs not answer phone calls, and the lack of follow-up was expressed. A spedlic instance of the spillage of diesel fuel, referral to the Sherifrs Depnrlment and the subsequent lapse of six-months without a satisfactory response was mentioned. Ms. Martin, who resides at Imperial Cove concurred, stated that code enforcement officials responded to a complaint within 48 hours from a resident who complained about light spillover from the association's security lights. It was noted the lights were installed for the safety of the 65 residents, some of whom arc elderly. It was questioned why such a relatively insignificant or minor irritant would take precedence over enforcement violation circumstances on the streets whieh would threaten the public welfare. There was concern that action on the part of Code Enforcement would cite or fine the association Jar violation of the Ci ty Code of Ordinances. 10 Conversely, there were opinions that Lt. Kronschnabl is conscientious with his group~s' code enforcement cfiorts, and a suggestion .was made to invite him to address the board to clear any area of concem or Jhilure of communication, and enable the members to discllss rational enforccmcnt of the code. The Chuinmm usked Mr, Richter to establish a date when a representative may speak to the board and share the currenl philosophy afCode Enforcement; Mr. Richter agreed. minDC03b.95 3 03/23/95 .' , > . , '" I ' I' ~ . . ' ' ~ ' . .', ,I :' ,. J!:\~'~.~':.: i ~< ~ ., . ~', \', "" ' .. .............., St. Petersburg Time& '. I..... ~ Concern was expressed with the absence of news items from the Clearwaler area in the Clearwater Times section of the St. Petersburg Times, and the negativism in those few articles which arc included. It was opined that the newspaper cited the request (V95~2l) of"poHtical consultant Mary E. Repper and her husband. William," in its March 20, 1995 edition, and included inferences about City Commission candidates and DCAB members which were unjust and untrue. The board agreed that there was little that could be done about such newspaper reporting, and the short discussion which ensued reinforced the unbiased action taken by the board. Mr. Johnson's Farewell Addressing the board at his last meeting before assuming the position of City Commissioner, following is Mr. Johnson's commentary: ' ,~' ('''...."\ ~I I was appointed to this board over two years ago and it has been a real pleasure for me to have been a part of this board. To me, it has been truly a board that measures the'problems that people have, and go to the extreme in trying to solve these problems the best that we can. I leave the board with mixed emotions, but I have a great challenge before me. I wanted the job; ,1 got the job thanks to your help and others. and I can assure that the campaign I ran on and the different platform items, I can assure you that what I said is true, and it will be carried out, and it's all going to be for the betterment of the City of Clearwater, and all citizens, notjust a portion here and there. So 1 thank you all for your support of me as a learning member of this board when I first came on a few years ago, and I wish you all the best of health, happiness, and may God bless you all. The Chaimlan and board members wished Mr. Johnson well, good luck and God bless. There being no further business, by motion duly seconded, the meeting adjourned at 2:00 p.m. ~ /dcx Plisko, Gltftmnan- E!11I"d'l c. U) )\:~ e.y- ,..- ,,<<. C.l4Ir41t2-n 'v minDC03b.95 4 03/23/95