05/25/1995 (2)
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DCAB
. " Development Code Adjustment Board
Minutes .
Date
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
Thursday, May 25, 1995
Pledge of Allegiance and Invocalion
A. A.PPROVAL OF MINUTES - April 27, 1995. Continued to the next meeting.
B. VARIANCE REQUESTS:
1. l(Jseph L. Wells. Extension Request - 1010 Eldorado Avenue for a variance of 5
ft. to permit construction of a home 20 ft. from a street right-of-way. (Approved
11/10/94). V 94-33
ACTION: Granted a six~month extension to December 12, 1995.
2. Ciro l. & Ann M. Gaccione for a variance of 2 ft to permit a fence height of 6 ft
where 4 ft maximum height is allowed in a structural setback from a street (Charter
Oaks Dr)' rightwof-way where the property is not addressed from at 2057 Red Cedar
lane E, Charter Oaks Sub, lot 36, zoned RS 8 (Single Family Residential). V 95~2&
ACTION: Withdrawn by applicant.
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3. Gary H. & Ma~y L. Dworkin for variances of (1) 3 ft to permit a structural setback
of 22 ft from a street {Magnolia Drive} right~f-way where 25 ft is required; (2) 11 ft to
permit a structure 4 ft from a rear property line where 15ft is required; and (3) 5
percent to permit 40 percent of open space for the lot where 45 percent is required at
415 Magnolia Drive, Harbor Oaks, part of Lots 78 & 80, zoned RS 6 (Single Family
Residential). V 95-27
ACTION: Granted as requested 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 effect; and 2) the requisite building permit(s) shall be obtained within 6 months from
the date of this public hearing.
D. LAND DEVELOPMENT CODE AMENDMENTS:
1. (cant from 4127/95) ORDINANCE NO. 5820~95 of the City of Clearwater, Florida,
relating to the land Development Codei amending Section 42.34, Code of Ordinances, to require
an aisle width of fifteen feet within parking lots that have parking spaces at an angle of 50 degrees,
to cap the number of paved parking spaces within a parking lot at 125 percent of the code
requirements, to allow grass parking for warehouse stores, to establish new offstreet parking
,
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DCAB ACTION
Page 1 of 2
OS/25/95
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spaces requirements for three family dwellings, accessory dwellings, mobile homes, multiple
family dwellings,' elderly and low income dwellings, retail sales and shopping centers, vehicle
services uses, personal services uses, offices, private dubs, lodges and other fraternal, Civic, union-
related, and religious organizations, boat slips with live-aboard vessels, and fabricating,
processing, and manufacturing uses, and to require conformance to the uniform system of traffic
control devices; providing an effective date.
AaION:' Recommended approval as revised by staff.
E. CHAIRMAN'S ITEMS
F. DIRECTOR'S ITEMS - Presentation on Water Sufficiency & Xeriscaping
by Mike Quillen, Environmental H Presentation delivered.
G. BOARD AND STAFF COMMENTS - Discussion held.
H. ADJOURNMENT - The meeting was adjourned at 2:07 p.m.
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DCAB ACTION
Page 2 01 2
05/25/95
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DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, May 25, 1995 M 1:00 p.m.
Commission Chambers, 112 South Osceola Avenue, Clearwater, Fl
Members present:
Alex Pliska, Chair
Emma Whitney, Vice-Chair
Joyce Martin
Otto Gans
William Schwab
Also present:
John Richter, Senior Planner, Central Permitting Department
Miles Lance, Assistant City Attorney, Legal Department
Gwen Legters, Staff Assistant II, City Clerk Department
The meeting was called to order by the Chair at 1 :00 p.m. in the Commission Chambers of City Hall.
He 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
noted Florida law requires any applicant appealing a decision of this Board to have a record of the
f;) proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda order ahhough not n€cessarily
discussed in that order.
A. APPROVAL OF MINUTES of April 27, 1995
This item was continued to the next meeting.
'I
B. VARIANCE REQUESTS
1. loseph L. Wells - Extens;on Request - 1010 Eldorado Avenue for a variance
of 5 ft. to permit construction of a home 20 ft. from a street right-of-way. (Approved
11/10/94). V 94-33
The applicant requested an extension to allow time for additional planning, design and construction
document preparation. It was indicated conditions have not changed since the variance was granted
last November. Staff recommended granting a six month extension.
Ms. Whitney moved to grant an extension to December 12, 1995. The motion was duly seconded
and carried unanimously.
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Page 1 of 5
05/25{95
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2. Ciro L. & Ann M. Gaccione for a variance of 2 ft to permit a fence height of 6
ft where 4 ft maximum height is allowed in a structural setback from a street (Charter
Oaks Dr) right*Of-way where the property is not addressed from at 2057 Red Cedar
Lane E, Charter Oaks Sub, Lot 36, zoned RS,8 (Single Family Residential). V 95-26
In a letter dated May 23, 1995, the applicants withdrew this request.
3. Gilry H. & Mary l. Dworkin for variances of (1) 3 ft to permit a structural
setback of 22 ft from a street (Magnolia Drive) right-of-way where 25 ft is required;
(2) 11 ft to permit a structure 4 ft from a rear property line where 15ft is required;
and (3) 5 percent to permit 40 percent of open space for the lot where 45 percent
is required at 415 Magnolia Drive, Harbor Oaks, part of Lots 78 & 80, zoned RS
6 (Single Family Residential>. V 95-27
Mr. Pliska declared a conflict of interest with regard to this case.' Ms. Whitney assumed the chair.
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Senior Planner Richter described the request, stating the owner/applicants wish to enlarge their
home to the east with a swimming pool, pool house and other outdoor amenities. An existing
garage is to be demolished and a new one built. Staff position was the circumstances support
granting the variances as requested. The proposal will extend no closer to the property lines than
what currently exists and will align with the existing structure. Front yard open space will be
greater than required by code and substantial landscaping is proposed to lessen the effect of the
setback variances. The investment in the proposed improvements is significant and will reflect
positively on the Harbor Oaks subdivision and the City. Approval with two conditions was
recommended.
Clarification of the open space requirement was requested. Mr. Richter explained, while a five
percent reduction in the overall open space of the lot is proposed, the front yard open space will
be greater than required by code.
It was questioned why variances are needed if the proposal extends no further into the setbacks.
Mr. Richter responded, when a non-conforming structure is demolished, it cannot be replaced
without variances.
Gary Dworkin, the owner/applicant, distributed copies of two handouts to the Board. He noted
in an excerpt of 1984 Development Code Adjustment Board minutes, a variance to build a pool
was previously granted for this property. He explained the second handout is a list of neighbors
who have seen his plans and support the application.
Mr. Dworkin stated Harbor Oaks is recognized as one of the earliest architectural developments
in Florida. He described the historical character and significant architecture of the area, stating
he wishes to perpetuate the ambiance. The materials and construction of the additions wi II reflect
the Mediterranean Revival architectural style of his home and of many other homes in the
neighborhood. He stated he has worked diligently with the architect to maximize the front yard
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Page 2 of 5
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open space while creating the scale needed for the fac;ade. Regarding the variances, he stated
two adjacent homes have similar setbacks. A driveway turnaround at the rear of the property is
a practical consideration that will preserve two trees. Sunlight and foliage considerations mandate
location of the pool in the center of the lot. Mr. Dworkin stated the renovation and expansion
plans were created with sensitivity to the prevailing style of the 1920's, based on familiarity and
research.
Concern was expressed the plan overbuilds the lot Reasonable use of the land was discussed.
Mr. Dworkin said his proposal is in keeping with surrounding properties and the neighbors are
thrilled. The plan was felt to be very attractive and a positive reflection on the neighborhood and
the City.
Three letters were submitted in support of the application.
It was noted the 1984 variance was for a pool which was never built. It was questioned if the new
pool will be constructed at the same time as the other improvements. Mr. Dworkin stated he was
not sure, as this was a financial consideration.
.:)
Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances
as requested 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 wor~ 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 permit(s) shall be obtained
within 6 months. The motion was duly seconded and upon the vote being taken, Members
vVhitney, Cans, Martin and Schwab voted "Aye"; Mr. Plisko abstained. Motion carried.
Mr. lance left the meeting at 1 :26 p.m.
D. LAND DEVELOPMENT CODE AMENDMENTS:
1. (cant from 4/27/95) ORDINANCE NO. 5820-95 of the City of Clearwater,
Florida, relating to the Land Development Code; amending Section 42.34, Code of
Ordinances, to require an aisle width of fifteen feet within parking lots that have
parking spaces at an angle of 50 degrees, to cap the number of paved parking spaces
within a parking lot at 125 percent of the code requirements, to allow grass parking
for warehouse stores, to establish new off street parking spaces requirements for three
family dwellings, accessory dwellings, mobile homes, multiple family dwellings,
elderly and low income dwellings, retail sales and shopping centers, vehicle services
uses, personal services uses, offices, private clubs, lodges and other fraternal, civic,
union-related, and religious organizations, boat slips with live-aboard vessels, and
fabricating, processing, and manufacturing uses, and to require conformance to the
uniform system of traffic control devices; providing an effective date.
'-.-/
mindc051J.95
Page 3 of 5
OS/25/95
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.~ Mr. Richter stated, last month, an outside agency surveyed local zoning ordinances relating to
large commercial parking areas. Staff reviewed the City parking requirements and recommended
amendments to certain portions of the proposed ordinance. Changes were recommended to
language concerning the City Engineer and in calculating the parking space ratio.
In response to a question, Mr. Richter indicated a medical office typically has a greater parking
demand than does a general office due to a greater customer turnover. He recommended
approval of the ordinance based upon the current changes
Mr. Gans moved to recommend approval of Ordinance 5B20~95 as revised by staff. The motion
was duly seconded and carried unanimously.
E. CHAIRMAN'S ITEMS
Concern was expressed the Community Response Team has not followed up with Board members
requests for inspection of code violations. Mr. Richter is to relay the information. '
F. DIRECTOR'S ITEMS. Presentation on Water Sufficiency and Xeriscaping
by Mike Quillen, Environmental
Mr. Quillen addressed the Board, stating staff is in the early stages of amending the landscaping
code. He wished to inform the Board what is being done and invite their input, either today, or
"~ later through staff.
Outlining the process, Mr. Quillen stated their main focus is on water conservation and water
efficient landscaping to reduce watering requirements. As the landscaping code affects both large
and small developments, it is hoped to generate a plan feasible for all. Some of the areas of
interest include: 1) using more water efficient and native species of plants, 2) following
SWFWMD's recommendation to group plants by water usage, 3) redesigning parking lot interior
landscaping requirements to increase the minimum size of landscape islands and discourage the
use of turf grass on small buffer strips. Staff hopes to use this ordinance, once completed, as a
teaching tool for the public. There is discussion of creating incentives for following the new
practices and whether to regard them as "requirements" or "guidelines". Guidelines were
considered to be preferable to firm requirements which would be difficult to enforce.
Long term maintenance of required vegetation was indicated to be a problem. low volume
irrigation systems were discussed as an alternative to spraying. Mr. Quillen stated all irrigation
systems will be required to have rain sensors.
Discussion ensued regarding the environmental benefit of interior landscaping for parking lots.
Green space, amount and type of tree canopy and size and shape of islands, were explored~ Mr.
Quillen explained increasing the size of landscaped islandst using mulch instead of turf grass and
planting for tree canopy would be encouraged. Use of palm trees versus live oaks was discussed.
While some members preferred palms as being cleaner, others stated they often sought shaded
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Page 4 of 5
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parking spaces. Use of palm trees to satisfy tree requirements was discussed. The percentage
used on Clearwater Beach was compared to that on the mainland. Mr. Quillen stated he has
made presentations to the Environmental Advisory Board and the Planning and Zoning Board.
He will seek input regarding the Tropical Seascape theme before drafting the ordinance language.
One member expressed concern his condominium is wasting money trying to achieve an
attractive decorative scheme with XerlscClping. While acknowledging manpower is limited, he
questioned if it would be possible to have staff consult with developers during construction,
recommending the best plants for different conditions. Mr. Quillen agreed staff is limited.
Occasionally the forester is sent out to consult in the field.
In response to a question, Mr. Quillen stated staff is developing a selection and usage guide for
Xeriscaping trees, shrubs and ground cover. He stated there are many native species which work
well under a variety of conditions and SWFWMD has a useful brochure on the subject. It was
noted the County has an informative display which labels the plants.
Concern was expressed regarding landscaping on Memorial Causeway. It was noted that, while
beautiful, the landscaping requires constant maintenance and frequent watering.
G. BOARD AND STAFF COMMENTS
l::)
A question was raised why state legislators are allowed to dine together and members of volunteer
boards are not. It was indicated the legislature is exempt from the sunshine law.
Regarding a recent Hearing Officer appeal, it was questioned why so many questions are directed
to staff, which does not decide whether to grant or deny. Mr. Richter stated this is because he
serves as liaison. Both parties file written Findings of fact and conclusions of law before the
hearing officer issues the final order. Mr. Richter and Mr. Lance were commended for doing a
good job at the appeal hearing.
A question was raised regarding a note from the City Clerk Department regarding a citizen's call
concerning a Habitat for Humanity project. Mr. Richter did not feel any action was needed.
H. ADJOURNMENT
The meeting was adjourned at 2:07 p.m.
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Chair
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Attest:
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Board Reporter ~
mindc05b.95
Page 5 of 5
OS/25/95
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
,.- ~3\~'~-r~':~ l N:M[ AT;~: NAM E V~~;t:IO:~~ ~:tNCIC~uI:lssl~'JJ':t~~f~fIMI ~E~
MAlI.ING ADDRESS THE 1I0ARO. COUNCil. COM MISSION. AIH II, lTY OR C()M~lI nu, ON
aDO \'\ <:) \ . W/llCII I SERVE IS A UNlTOF;
D yre.v:> ~\ VelTY 0 CO\JNTY 0 OfllUt 1.0C>\I. AGENCY
ellY
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NAME 01' l'olIlIC,\1. SUlIlllVISION:
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MY l'OSI'IlON IS:
[J E1.1: C'rWE ~I'I'OINTIVr:
WHO MUST FILE FORM,88
This form is for use b}' any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, aUlhority, or committee. II applies equally 10 members of advisory and non-advisory bodies who arc presented
with U \'ot ing cunnict ~ r interest under Section 112.3143, Florida Star lites.
Your responsibilities under the law when faced with a measure in which you have a conflict of inlerest will vary greatly depending
on whelher you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the rcverse side and filing the form.
'~"..) INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143t FLORIDA STATUTES
J A person holding electivc or nppointivc county, municipal, or other 10c.1.1 public onice MUST AJJST AJN from voting on a measure
which inures to his special privllte gain. Each elected or appointcd local officer also is prohibitcd from knowingly voting on a measurc
which inures to the special gain of a principal (other than n government agency) by whom he is relained (including the parent
organi71ltion or subsidiar}' of a corpomte principal by whieh he is relained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec, 163.356 or 163.357, F.S" and
officers of independent special lax districts elected on a one-acre, one~votc basis are not prohibited from voting in that capacity.
For purposcs of this law, a "relativc" includcs only the officer's fathcr, mother, son, daughter, husband, wife, father-in-law, mother.in~
law, son-in-law, and daughter-in.law, A "business associatc" means any person or entity engaged in or c.1rrying on a business
enterprise with the officer as a partner, joint venturer. coowner of properly, or corporate shareholder '(where the shares of the
corpomtion are notlisled on any national or regional stock exchange),
ELECTED OFFICERS:
In addition 10 abstaining from voting in lhe siluations dcscrib~d above, you must disclose the connict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating 10 the assembly the nature of your intercst in the measure on
which you arc abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes. .
APPOINTED OFFICERS:
Although YOll must abstain from voting in lhc situations described above, you otherwise may participate in Ihese matters. However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wriling and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL DE TAKEN:
.
You must complete and file Ihis form (before muking any attempt to inOuence the decision) with the person responsible for
, reeo,rding the minutes of the meeting, who will incorporate the form in, the ~~nlll~s. ,
. A copy of the form must be provided immediutely to the other members' of the agency.
. The form must be read publicly at the next meeting after the form is filed.
. CE FORM SII. 10.91
PAGI.: I
IF YOU MAKE NO A1TEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT TilE MEE.TlNG:
. You must disclose orally the nature l'~ your connict in thc measurc before panicipating.
, . '1'011 must complete the fmm uncllile it within 15 days after the \'Ole occurs wilh the person responsible for rccUlding the minllt~
the mt.'cting. wl10 must incorporJlc Ihe form in the minutes, " copy of the form must be provided immedilltely to the olllU'
,members of the agency. and the form must be read publicly nt the ncxtmceting ufter Ihe form is filed.
J.
Ai ~Y- P( I ~to
DISCLOSURE OF LOCAL OFFICER'S INTEREST
~b~
I
, hereby disclo~e that on
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(n) A measure came or willl:ome before my agency which (chcck one)
_ inured to my special privale gain;
_ inured to the special gain of my busincss lIssociate,
_ inured to the special gain of my relalive,
$. inured to the special gain of /tAGt.-i I Tl3 c.T ror<{
whom J am retained; or
_ inurcd to the special gain of
is the parent organi711tion or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
.pt2. 0 po 5~
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Signature
5-~D .-rC;
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112,317 (1991). A FAILURE TO MAKE ANY REQl~
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWi"Nt1:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN
SALAR Y, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000.
CE FORM 80. 10-91