06/18/1995
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DCAB
. Development Code Adjustment Boa'rd
Minutes
Date
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
Thursday, June 8, 1995
Pledge of Allegiance and Invocation
A. APPROVAL Of MINUTES - April 27 (continued from last meeting) and May 25, 1995
Approved as submitted.
D. VARIANCE REQUESTS:
1. The Islander Condominium Association. Inc for a variance to allow a 4 ft
high fence within the rear structural setback area of a waterfront property where
it is prohibited at 105-121 Island Way. 51 Island Way Condo, zoned RM 28
(Multiple Family Residential). V 95.28
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ACTION: Granted as requested subject to the fol/owing conditions: 1) This variance is based
on the applicaOon 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, wiJ/ result in this variance being nuJJ and of no effect; 2) the requisite building
permit(s) shall be obtained within 6 months; 3) the applicant shalf submit a letter authorizing Ms.
Moran as representative within 14 days from the date of t/lis public hearing and 4) the fence to
be installed shall be of open aluminum construction to permit visibility. '
2. Religious Community Services. Inc for a variance of 6 ft to permit a
structural setback or 19 ft from a street (Flagler Dr) right-of-way where 25 ft is
required at 1520 N. Saturn Ave, See 2-29-15, M&B 44.01, zoned RM 12 (Multiple
Family Restaurant). V 95.29
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 (or 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.
3. Waclaw & Zenana Niewiarowski (Sunset Point Wine & Liquors) for a
variance of 3 additional parking spaces to permit 0 additional parking spaces
where 3 additional spaces are required at (2516 Sunset Point Rd), Blackburn's Sub,
part of Lot 12, zoned CG (General Commercial). V 95-30
v
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 fDr a
variance. Deviation from any of the above documents submitted in support of the request for a
DCAB ACTION
Page 1 Df 2
06/08/95
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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 effeect; 2) the requisite building
permit(s) shall be obtained within 6 months from'the date of this public hearing; 3) the storage
square footage shall not be used to create additional square footage for retail sales; 4) the site
shall be reviewed for the possibility of providing a handicapped parking space to be located
through the direction of the City Traffic Engineer and 5) the variance shall remain in effect
provided this site is not enlarged and is restricted to package sales of beer, wine and liquor for
off-premise consumption.
D. LAND DEVELOPMENT CODe AMENDMENTS:
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None.
E. CHAIRMAN'S ITEMS
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F.
DIRECTOR'S ITEMS
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G. BOARD AND STAFF COMMENTS - Welcome New Member
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ADJOURNMENT
The meeting was adjourned at 1 :41 p.m.
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DCAB ACTION
Page 2 01 2
06/08/95
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DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, June 8, 1995.1:00 p.m.
Commission Chambers, 112 South Osceola Avenue, Clearwater, FL
Members present:
Alex Plisko, Chair
Joyce Martin
Otto Gans
William Schwab
Members absent:
Emma Whitney, Vice-Chpir
Also present:
Scott Shuford, Director, 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 proceedings to support the appeal.
To provide continuity, the items will be listed in agenda order although not necessarily discussed
in that order.
Member Schwob moved to approve the minutes of April 27 and May 25, 1995, in accordance
with copies submitted to each board member in writing. The motion was duly seconded and
carried unanimously.
The following variance requests were considered:
1. The Islander Condominium Association. Inc for a variance to allow a 4 ft
high fence within the rear structural setback area of a waterfront property where
it is prohibited at 105-121 Island Way, 51 Island Way Condo, zoned RM 28
(Multiple Family Residential). V 95.28
Mr. Shuford explained the application in detail. He stated the applicants wish to enclose their
swimming pool area with a four foot high fence to enhance safety and fulfill insurance obligations.
Segments of the fence are proposed to be located in the 25 foot setback from the water. This type
of construction is restricted by code to preserve the view of the water for neighboring properties.
Staff indicated this proposal would not affect the view. Due to the safety considerations involved,
he stated the application appears to comply with all the standards of approval, subject to the
~ recommended conditions.
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Page 1 of 5
06/08/95
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Shirley Moran, representing the Islander Condominium Association, addressed the Board. It was
noted Ms. Moran is not listed as an authorized representative. Ms. Moran stated she is a member
of the association Board of Directors and would be speaking for Mr. Calhoun, who was out of
town. Mr. Shuford suggested going on with the hearing and requiring an affidavit of authorization
to be filed before the expiration of the appeal period. Mr. Lance supported this idea.
Ms. Moran stated the variance is needed because of the problems they have experienced
obtaining insurance. There is also a problem at night with trespassers entering the property along
the sea wall. In response to a question, she stated the fence is to be constructed of square
aluminum tubing, spaced 4 inches apart. with horizontal supports along the top and bottom. It
was verified the fence will not be chain link.
Chuck Sullivan, attorney speaking for an adjacent property owner, wished to ascertain the type
of fencing material. While supporting the application for safety reasons, he stated for the record
there is a continuing concern regarding allowing a fence where none has been granted in the past.
Based upon the information furnished by the applicant, Member Gans 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, subject to the following conditions:
1) Th;s 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
",-,1 physical structure located on the site, will result in this variance being null and of no effect; 2) the
requisite building permiHs) shall be obtained within six months; 3) the applicant shall submit a
letter authorizing Ms. Moran as representative within 14 days from the date of this public hearing
and 4) the fence to be installed shall be of open aluminum construction to allow visibility. The
motion was duly seconded and carried unanimously.
2. Religious Community Services. Inc for a variance of 6 ft to permit a
structural setback of 19 (t from a street (Flagler Dr) right-of-way where 25 ft is
required at 1520 N. Saturn Ave, Sec 2-29-15, M&B 44.01, zoned RM 12 (Multiple
Family Restaurant). V 95-29
Member Pliska declared a conflict of interest concerning this case. Member Gans assumed the
chair.
Mr. Shuford explained the application in detail. He stated the applicants wish to construct a
recreation room for an indoor play area for children within the Flagler Drive setback. He stated
a conforming play area could be constructed on the south side. The applicant is concerned
because this would result in the loss of a secure outdoor play area. Relocating this outdoor play
area to the north would require moving existing playground equipment and constructing a privacy
fence for security. Such a fence would require a height variance that would be greater than this
minor setback variance. Staff indicated the application appears to support the standards for
I....) approval subject to two conditions.
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06/06/95
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Karla Conway, representing the applicant, 5tated the RCS program provides transitional housing
for single family households with children. There is no space in the existing building adequate
to meet with mothers and children and an activity room is needed for the children. Due to the
vagrant problem in the area, it is preferred not to have the children in an unenclosed,
unsupervised area.
In response to questions, Ms. Conway stated she meets with families and at risk children for
counseling. She stated trying to hold the meetings in this small space is chaotic.
In response to a question, Mr. Shuford explained locating a fence to the north would require a two
foot height variance. A conforming four foot tall fence could be constructed. However, the
applicant states a six foot fence would be needed for security. He stated a six foot fence three feet
off the property line would pose a greater imposition than the minor setback variance being
requested.
Discussion ensued regarding other existing structures on the property. The Board agreed with the
staff analysis. It was felt the existing playground is nice and it would be a shame to move it.
Based upon the information furnished by the applicant, Member Schwab 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, subject to the following conditions:
1) This variance is based on the application for u variance and documents submitted by the
....w"\ applicant, including maps, plans, surveys, and other documents submitted in support of the
''-...J 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 six months from the date of this public
hearing. The motion was duly seconded and upon the vote being taken, Members Gans, Martin
and Schwab voted "Aye It; Member pliska abstained. Motion carried.
3. Wadaw & Zenona Niewia'rowski (Sunset Point Wine & Liquors) for a
variance of 3 additional parking spaces to permit 0 additional parking spaces
where 3 additional spaces are required at (2516 Sunset Point Rd), Blackburn's Sub,
part of Lot 12, zoned CG (General Commercial). V 95-30
Member Pliska resumed the chair.
Mr. Shuford explained the application in detail stating the applicants wish to enclose an existing
carport for additional storage for their alcoholic beverage package sales store. The variance is to
allow the addition without meeting the additional parking requirement. Existing parking is
nonconforming and insufficient. Staff indicated the application does not appear to support the
standards for approval.
~
Discussion ensued regarding the parking requirement. Mr. Shuford explained the building with
the addition would require 15 parking spaces. A proposed Land Development Code amendment,
if adopted, would reduce the requirement to 13 spaces. A drawing shows 11 existing parking
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06100/95
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.'....'\ spaces and staff investigation confirmed this. One member stated he counted 16 spaces on the
site. A question was raised if additional parking spaces could be gained by reconfiguration. This
was not felt to be feasible. Mr. Shuford suggested working with the City Traffic Engineering
Department to create conforming handicapped parking.
A question was raised why storage area requires additional parking. Mr. Shuford indicated the
calculations are based on gross floor area. There is concern adding storage could free some of the
existing area for additional retail use.
Tim Johnson/ attorney representing the owner/applicants, stated they have operated the busi ness
for 16 years. The Planning and Zoning Board approved enclosing the carport subject to certain
conditions. One of the conditions was to obtain the necessary parking variance. He stated the
business has changed over the years and more products are now available. The new storage area
will be used for additional storage. It will not increase the retail floor area.
Mr. Johnson stated there has never been a parking problem at this location. He said a large part
of the clientele lives in Top of the World condominiums. Many customers have their purchases
delivered instead of driving to the store.
Mr. Johnson explained the apparent discrepancy in the number of existing parking spaces. He
stated the parking situation was reviewed as part of the conditional use application process.
When the applicant learned there were not enough spaces/ he moved a dumpster and tried/ on
,....., \ his own/ to create additional parking. It was not yet known if this new parking is conforming.
---.;J Mr. Johnson pointed out this was done in the spirit of cooperation and illustrates the applicant's
willingness to comply.
Discussion ensued regarding the application. It was noted the new parking appears functional.
It will need to be reviewed for conformity. There was no problem with the request as long as the
proposal does not create more retail area and the business remains a carry out package liquor
store. Mr. Johnson restated his testimony that this application will not increase the retail sales
area.
In response to questions/ Mr. Johnson agreed to a condition requiring providing a handicapped
parking space. Clarification of the alcoholic use classification was requested. It was indicated the
establishment sells liquor/ beer and wine.
(.)
Based upon the inform<ltion furnished by the applicant, Member Gans 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/ 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
applicantts 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; 2) the
requisite building permit(s) shall be obtained within six months from the date of this public
hearing; 3) the storage square footage shall not be used to create additional square footage for
mimJc06i1.95
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retail sales; 4) the site shall be reviewed for the possibility of providing a handicapped parking
space to be located through the direction of the City Traffic Engineer and 5) the variance shall
remain in effect provided this site is not enlarged and is restricted to package sales of beer, wine
and liquor for off-premise consumption.
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D. LAND DEVELOPMENT CODE AMENDMENTS - None.
E. CHAIRMAN'S ITEMS. None.
F. DIRECTOR'S ITEMS - None.
G. BOARD AND STAFF COMMENTS'
Member Schwob was welcomed as a new member. Mr. Shuford said it is a pleasure to work with
him again.
H. ADJOURNMENT
The meeting was adjourned at 1 :41 p.m.
6?~g
Chair
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Attest:
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Board Reporter
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Page 5 of 5
06/06/95
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I.AST NAME- H~S 1 NAMI' -. MIUO!.F N,\ME
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MAtU~G AnORESS
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(;J!3" VE.COPME7vT (Of}/F !lOJLI 51H67'JT 80,
TilE 1l0AI{[). COUNCIl.. ('OM MISSION. AlIT1I0R1"1 'r' Oil. COMMrn EF. ON
'1 NGl..LJ45 ~'II~Ilyl SERVE IS A UNIT Of:
'-I ~II 0 COUNl'r' OOlllr.RI.O("',\I.AOENCY
COUN 11'
NAME OF !'OLllleA'- SIJllOlVISION;
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U. You must complete and file this form (before making any allempt to innucnce the decision) with the person responsible for
I .': recording the minutes of the meeting, who will incorporate the form in the minutes. . . .
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· A copy of the form must be provided immediately to the other ml:mbers of the agency.
.L -. .The form must be read publicly at the next meeting after the form is filed.
c;
t.n' "OSI1ION IS:
o I;uellVE
A"I'OIN1"IV[
WHO MUST FILE FORM 68
This form is for use b)' any person serving at the eOUIllY, cily, or other loeallevel of governmellt on an appointed or elected board.
council, commission, authority, or commillec. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting connict of interest under Seclion 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measurc in which YOll have a conniet of intcrest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county. municipal. or other local public office MUST ABSTAIN from voting on a mc.1sure
which inures to his special privalc gain. Each elected or appointcd local oflicer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
, private gain of a business associate. Commissioners of community redevelopment agencics under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-aerc, one-votc basis arc not prohibited from voting in that c.1pacily.
For purposes of this law, a "relativc" includes only the officer's father, mothcr. son, daughter, husband, wife, father-in-law, mother-in-
law. son-in-law, and daughter-in-law. A "business associale" means any person or entity engaged in or c.1rrying on a business
enterprise with the omcl:r as a partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of thr;
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situalions described above, YOIl must disclose the connicl:
PRIOR TO TI-I E VOTE BEING T AK EN by publicly stating to the assembly the nature of your intercst in the measure on
which you are 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 mceting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from vOling in the situations described above, you otherwise may participate in these matlers. However,
you must disclose the nature of the conniet before making any attempl to innuence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY AITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
~
:'. CE FORM 8B -10.91
:'T~-----_._-'_._'..
"AGE I
IF YOU MAKE NO A1TEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your connict in the measure before particip:lling.
· You mus,t complete the f?rm and file it within I~ days af~er the vote OCCllrs with the person responsi~le fo~ recor~ing the minuh~
the meeting, who must II1corpomte the form In the mll1utes, A copy of the form must be provided Immedmtely to the Ou'.';..'
members of the agency, and the form must be read publicly at the next meeting after the form is filed.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
J c.fNG
3
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PL../~XO
, hereby disclose that 011
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain:
~nurcd to the special gain of my business associate, JAY /1Y'E!2- S
_ inured to the special gain of my relative,
_ inured to the special gain of
whom I am retained; or
_ inured to the special gain of
is the parent organi7.ation or subsidiary of n principal which has retained me.
(b) The measlIre before my agency and the nature of my connicting interest in the measure is as follows:
, by
, which
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Signature
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1991), ^ FAILURE TO MAKE ANY REQUi '
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY DE PUNISHED BY ONE OR MORE OF THE FOLLOWi'h"Ci:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 88 - 10-91