04/13/1995 (2)
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DCAB
, ~evelopment Code Adjustment Board
Minutes
Date ApnJ. 13-) ms-
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ACTION AGENJ)A
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, April 13, 1:00 p,m.
Commission Chambers, 112 South Osceola Avenue, Clearwater, Florida
Agenda Item No,:
A. APPROVAL OF MINUTES
March 23, 1995 minutes approved as submitted.
B. VARIANCE REQUESTS:
1, Paschoalina C. Potter (Southmore Apartments) for a variat:lce of 1 additional parking space
to pemlit 0 additional parking spaces where 1 additional parking space is required to allow
a 2 unit motel conversion at 463 East Shore Dr, Clearwater Beach Park 1st Addition Replat;
Blk C, Lot 8 and riparian rights and part of Lot 9; zoned CB (Beach Commercial). V 95-22
Actio,,: C,mtillued to April 27. 1995.
2.
PinelJas Habit'at for Humanity for variances of (1) 1300 sq ft to permit a minimum lot area
of 3700 sq fi where 5000 sq ft is required; (2) 6 ft to permit a minimum lot depth of 74 ft
where 80 ft is required; and (3) 5 ft to permit a structural setback of20 ft fTOm a street (Betty
Lane) right-or-way where 25 it is required to allow a new detached single family dwelling
at 112 N Betty Lane, Kellett's Sub, Lot 6, zoned RM 20 (Multiple Family Residential), V
95-23
c)
Action: Approved with the following conditions: l) 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 orthe
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; and 2) the requisite building pcrmit(s) shall 'be obtained within six months
from the date of this public hearing.
D. LAND DEVELOPMENT CODE AMENDMENTS:
None.
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MINUTES
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, April 13, 1995 - 1:00 p.m.
Commission Chambers, 112 South Osceola A venuc. Clearwater, FL
Members present:
Emma C. Whitney, Vice-Chair
Joyce E. Martin
Otto Gans
Members absent:
Alex Plisko, Chair
Also present:
John Richter, Senior Planner, Central Pemlitting Dept.
Sally Demarest, Board Reporter, City Clerk Department
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The meeting was called to order by Vice~Chair Emma C, Whitney at 1 :00 p.m. in the Commission
Chambers of City Hall. Mr, Gans led the Pledge of Allegiance and invocation. Ms. Whitney
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. Shc
noted Florida law rcquires 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 March 23. 1995 meeting were approved as submitted.
The following \'uriunce requests were considered:
1. Paschoalina C. l)ottcr (Southmore Apartments) for a variance of I additional parking space
to pennit 0 additional parking spaces where 1 additional parking space is required to allow
02 unit motel conversion at 463 East Shore Dr, Clearwater Beach Park 1 st Addition Replot,
Blk C, Lot 8 and riparian rights and part of Lot 9, zoned eB (Beach Commercial). V 95-22
Mr. Richter indicated he had becn advised by the applicant earlier in the week that they would
request a continuance of this item.
The applicant was present, and spoke from the audicncc. indicating that shc wished to address the
matter today. Mr. Richter then gave thc background orthe application and presented, in writing, the
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staff recommendations. Hc notcd a statement of concern from the traffic cngineer relative to
parking, and added staff does not recommend approval.
Attorney Tom Nash, MacFarlane Ausley, 400 Cleveland Street, Clearwater, said hc spoke
representing the applicant, Lina Potter. I-Ie referenced a survey indicating the present parking on
the west side of the property showing a paved area with two additionul "not approved" parking
spaces, and two additional spaces approved by traffic engineering. He said the premise is occupied
by long term rcsidents and employees of the owner who do not own motor vehiclcs.
A question was raised if this application for a variance werc prcmature in view 0 f the possibility of
conversion of the additional parking spaces,
Charles Taylor, Taylor General Construction Company, 11600 Dauphin Avenue, Largo was present
but did not speak.
Mr. Nash said he was not sure whether the additional parking spaces could be converted for use by
the applicant and asked the board for a continuance to investigate this prospect. A motion was madc
by Mr. Gans to continue item 8-1 to the April 27. t 995 meeting,. The motion was duly seconded
and carried unanimously (3-0).
2,
Pincllns Habitut for Humanity for variances 01'(1) 1300 sq ft to pennit a minimum lot area
of 3700 sq ft where 5000 sq n is required; (2) 6 [t to permit a minimum lot depth of 74 n
where 80 ft is required; and (3) 5 it to permit a structural setback of20 ft from a street (Betty
Lane) right-of-way where 25 n is required to allow a new dctached singlc family dwelling
at 112 N Hctt}' Lane, Kellett's Sub, Lot 6, zoned RM 20 (Multiple Family Residential). V
95~23
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Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He described the vacant property which is located on the west side or Betty Lane,
between Drew and Cleveland Streets, and zoned RM-20. I-Ie said the area is a mix of Uses, lot sizes
and setbacks and other single family homes in the neighborhood are positioned as close as 5 fcet to
the right-of:'wuy. The proposed lootprint of the home is 14 feet from the rear property line to
provide a slightly larger rear yard and provide an average distancc frol11 the street right-of:'way.
Tom Magraw, 426 13th Avenue NE, 81. Petersburg, spoke us President of PineIlas Habitat for
Humanity. He said staff did an excellent job of presenting the facts in the case and gave the
background of Habitat, an organization which provides homes for families living in substandard
housing conditions. He cited benefits to individuals and the community.
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Responding to queslions thlllllhc board, Mr. Magraw indicated Pinellus Habitat for Humanity owns
the property and homes arc usually donated. In this case, the building of the hOl11e wns donated by
Chapel by the Sea. No garage or carport will be provided; however, Mr. Richter stated parking will
be in accordance with code. Mr. Magraw described the homes as "modest" and said the approximate
cost of building is $45,000.
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Engineer Ralph Hansen, 4336 Sl. Lawrence Drive, New Port Riche, said he has been in charge of
the City's Habitat for Humanity construction program for the last several years, and said the house
plan was developed in conjunction with the City of Clearwater for their building program. He said
the size of the house is lim~ted by the income orthe home owners who live in them. He described
the homes, said they are built for considerably less than regular construction costs and four homes,
1,140 square feet in living area, have already been built in Clearwater.
Based upon the inlonnation flmlished by the applicant, Ms. Martin moved to grant the variance as
requested bccause the applicant has substantially met all of the standards for approval as listcd in
Section 45.24 of the Land Development 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
fonowing 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 thc
site or any physical structure located on the site, will result in this variance being null and of no
cffect; 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.
There were no Lund Development Use code nmcndments for considcrntion.
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Following arc Bonrd und Staff Comments:
At the last mceting, concem was expressed with the timeliness ofthe response of Code Enforcement
stafTand the nced for additional follow-up. Mr. Richter said the Chaimmn had askcd that the board
proceed in this regard notwithstanding his absence today; Chairman Plisko, a City of Clearwatcr
architect, had indicated several problem areas at the last board meeting. Mr. Gans stated the DCAB
board is a 1tvcry caretlll" one, and members are disturbed with applicants who are in violation of the
code or proceed with proposed changes even though they have been denied.
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In response to these concerns, Lt. JcffKronschnabl and Geri Doherty, Code Enforcement Response,
addresscd the board. They invited membcrs to tour their facilities rcgarding code issucs. Lt.
Kronschnabl explained Response Team activities and said the purpose of the group is cducation,
communication und cooperation. He said enforccment is used as a last resort, through the County
Court, the Code Board or a I-(euring Master and offered statistics in support orthe Code Enforcement
program. He added thc group is both pro-active and reactive. He addressed several examples of
complaints which appeared to indicate late responscs, gave his telephone number (462-6565) and
offered to personally follow-up on each of the board's complaint concerns.
Lt. Kronschnubl snid he would contact Ms. Martin and hcr condominium association in an effort to
resolve the problem the association was experiencing with a ncighbor who had complaincd about
the associntion's security I ighti ng.
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The Acting Chairman thanked Lt. Kronschnabl for his prcscntntion, expressed satisfaction at the
opportunity of getting to know him and learn about Code Entbrccmcntuctivilics, llnd indicated the
board will be keeping in touch with him and his group.
There being no further business, by motion duly seconded, the meeting udjourncd at 2: 16 p.m.
Emma C, Wh"itncy, Vicc-Chnir
Acting Chairman
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