09/14/1995 (2)
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Development Code Adjustment Board
Minutes
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DEVELOPMENT CODE ADJUSTMENT BOARD. ACTION AGENDA
, September 14, 1995
Call to Order, Pledge of Allegiance and Invocation
A. VARIANCE REQUESTS
1. City of Clearwater for variances of (1) 3.5 ft to permit a fence height of 6.0 ft where
2.5 ft is allowed within the structural setback area from which the property is
addressed from and, (2) 2.0 ft to permit a fence height of 6.0 ft where 4.0 ft is
allowed within the structural setback area from which the property is not addressed
from at 1180 Russell Street, Sec 10-29- 1 5, part of M&B 12.02, Fairmont Sub, Blk 0,
Lots '-13 and Blk I, lots 1-9, zoned PISP (Public/Semipublic). V 95-47
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 permitls} shall be
obtained within six months from the date of this public hearing.
....-..,
2. Gerald Kraus for variances of (1) 11 ft to allow a pool & deck 14 ft from a
preservation zone where 25 ft is required and (2) 12 ft to allow a pool & deck 3 ft
from the top of bank of a jurisdictional wetland where 15 ft is required at 1808 Union
St., Spring lake Heights Unit one, Lot 9, zoned RS 6 (Single Family Residential) and P
(Preservation). V 95M48
ACTION: Withdrew Variance #1; Granted Variance #2 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 perm/Us) shall be obtained within six months from the date of this public
hearing.
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B. LAND DEVELOPMENT CODe AMENDMENTS
1. Ordinance No. 5909-95 Of The City Of Clearwater, Florida, Relating To The land
Development Code; Amending Sections 28.10 And 44.08, Code Of Ordinances, To
Delete The Requirement That Signs On Vending Machines Be Regulated As Wall Signs;
Providing An Effective Date.
ACTION: Recommended approval to the City Commisison.
C. APPROVAL OF MINUTES - August 24, 1995 - Approved as submitted
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DCAB ACTION
Page 1 of 2
09/14/96
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F. BOARD AND STAFF COMMENTS - Discussion
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D. CHAIRMAN'S ITEMS - None
E. DIRECTOR'S ITEMS. -Discussion of Infi/! Housing Program - Alan Ferril Director of
Economic Development and Linda Byars; Loan Officer
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G. ADJOURNMENT - 1:50 p.m.
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DCAB ACTION
Page 2. of 2.
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r~ DEVELOPMENT CODE ADJUSTMENT BOARD
September 14, 1995
Members present: Alex Plisko, Chair
Otto Gans, Vice Chair
Joyce Martin
William Johnson
William Schwob
Also present: John Richter, Senior Planner, Central Permitting Department
Gwen Legters, Board Reporter, City Clerk Department
The meeting was called to order by the Chair at 1 :00 p.m. in the Commission Chambers of
City Hall, followed by the Invocation and Pledge of Allegiance, 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.
In order to provide continuity, the items will be listed in agenda order although not necessarily
discussed in that order.
I:)
A. VARIANCE REQUESTS
1. City of Clearwater for variances of (1) 3.5 ft to permit a fence height of 6.0 ft where
2.5 ft is allowed within the structural setback area from which the property is
addressed from and, (2) 2,0 ft to permit a fen.ce height of 6.0 ft where 4.0 ft is allowed
within the structural setback area from which the property is not addressed from at
1180 Russell Street, See 1 0~29-15, part of M&B 12.02, Fairmont Sub, Blk D, Lots 1 ~ 13
and Blk I, lots 1~9, zoned P/SP (PublidSemipublic). V 95M47
Mr. Richter gave the background of the case and presented, in writing, the staff
recommendation. He stated the subject property is the location of the former City of
Clearwater Solid Waste Complex. The property is currently enclosed with an aging six foot
high chain link fence that is topped with barbed wire, and has no setbacks or landscaping. The
applicant proposes to replace the old fence with a new six foot chain link fence without
barbed wire, set back four feet from the street rights of way and landscaped to soften the
appearance. Staff recommended approval subject to two standard conditions.
Glen Bahnick, representing the City Engineering Services Group, stated after the new solid
waste facility was built on Hercules Avenue, the incinerator and outbuildings remaining on the
subject property were demolished. He stated the site is adjacent the Marshall Street
wastewater treatment facility. The six (oot high fence height is needed to secure the facility.
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Mr. Bahnick indicated the six foot height is also needed to discourage trespassers and protect
the public from possible injury on the newly graded turf. He said it is hoped that a reclaimed
water pumping facility and reservoir can be built on the site in the future.
In response to questions, Mr. Bahnick stated they will continue the same landscaping and
fencing scheme as that currently existing at the wastewater treatment plant. There should be
no adverse visual effect on the adjacent land uses. He stated the odor emanating from the
plant is unusual and is due to the recent heavy rains burdening the system.
Based upon the information furnished by the applicant, Member Schwab moved to grant the
variances 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, more specifically, because
the variances arise from a condition unique to the property and were not caused by the owner
or applicant 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 six months from the date of this public hearing. The motion was duly
seconded and carried unanimously.
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2. Gerald Kraus for variances of (1) 11 ft to allow a pool & deck 14 ft from a
preservation zone where 25 ft is required and (2) 12 ft to allow a pool & deck 3 ft
from the top of bank of a jurisdictional wetland where 15 ft is required at 1808 Union
St., Spring Lake Heights Unit one, Lot 9, zoned RS 6 (Single Family Residential) and P
(Preservation). V 95-48
Mr. Richter gave the background of the case and presented, in writing, the staff
recommendation. He stated the applicants wish to construct a swimming pool in the back
yard of their existing single family home adjacent to Spring Lake. He stated variance #1 has
been withdrawn because the proposal is to be located more than 25 feet from the lake. The
irregular shape of the lot and the existence of the lake behind the home make it difficult to
construct a pool on the property. The applicant is proposing a conservatively sized pool to
account for these conditions and staff recommended approval subject to two standard
conditions.
Gerald and Marlene Kraus, the owner/applicants, addressed the Board, staling they have
owned the property for over twenty years. Mr. Kraus said his wife needs the pool for exercise
therapy and the neighbors have no problem with it.
A letter signed by owners of the two adjacent properties was submitted in support of the
application.
The applicants were commended for the minimal pool design and excellent condition of their
U property.
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Based upon the information furnished by the applicant, Member Gans moved to grant
Variance #2 as requested because the applicantshave substantially met all of the standards for
approval as listed 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 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 plwsical 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 dul~'
seconded and carried unanimously.
B. LAND DEVELOPMENT CODE AMENDMENTS
1. Ordinance 5909-95 of The City of Clearwater, Florida, Relating to the land
Development Code; Amending Sections 28.10 And 44.08, Code of Ordinances, to
delete the requirement that signs on vending machines be regulated as wall signs;
providing an effective date.
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Mr. Richter gave the background of the ordinance, stating due to concerns with the aesthetic
appearance of vending machines in front of buildings, the product signs have been treated as
attached signage. He said this has caused difficulty with sign amortization enforcement when
properties which would otherwise be in compliance, exceed their allowances because of
signage on vending machines. He indicated the proposal is to exempt product name signs on
vending machines, treating them like signs on other types of machines normally seen in
publ ie.
Discussion ensued regarding the code requirements for placement of vending machines.
Member Gans moved to recommend approval of Ordinance 5909-95 to the City Commission.
The motion was duly seconded and carried unanimously.
C. APPROVAL OF MINUTES - August 24, 1995
Member Johnson moved to approve the minutes of August 24, 1995, in accordance with
copies submitted to each board member in writing. The motion was duly seconded and
carried unanimously.
D. CHAIRMAN'S ITEMS - None
E. DIRECTOR'S ITEMS -Discussion of /nfill Housing Program - Alan Ferri, Director of
Economic Development and Linda Byars, City Loan Officer
Mr. Ferri and Ms. Byars presented information and answered questions on the program and
o how it (unctions. Mr, Ferr; stated Clearwater Neighborhood Housing Services (CNHS) have
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developed all the units in the program so far, and will have completed 40 units by the end of
the fiscal year. They hope to equal or exceed that number next year.
Ms. Byars explained the qualification process, stating potential buyers are extensively screened
and trained in a variety of budgeting, credit and property ownership responsibilities. She
indicated no foreclosures or delinquencies have been experienced and more than 120 families
have received the training so far. Mr. Ferri stated the extensive qualification process
eliminates those families not serious about owning a home. HUD income guidelines were
discussed.
Concern was expressed with the number of variances needed to enable building on the lots.
Mr. Ferri explained the property selection process, stating most lots are purchased one or two
at a time, which precludes the possibility of purchasing a large tract and subdividing into
substandard lots. He stated the overwhelming majority of the existing lots are less than the
required minimum size and it is difficult to think of them as substandard when they were
platted long qefore the current standards were in effect.
In response to a question, Mr. Ferri stated a program exists and similar criteria are required for
purchasing and rehabilitating existing homes. Discussion continued regarding state and
federal funding of non-profit home development agencies.
F. BOARD AND STAFF COMMENTS - Discussion
(:) Member Gans again thanked staff for the property location maps in the Board's packets.
Discussion resumed regarding the Marshall Street wastewater treatment facility. Member
Schwab noted the facility is immaculately clean and verified Mr. Bahnick's statement that
heavy rain does overburden this type of system.
Member Schwob proposed having this Board resume hearing sign variances as a way to
reduce the City Commission's work load. It was indicated the City Commission has expressed
the desire to continue hearing sign variance requests through the end of the 1985 amortization
compliance period, which should be completed in about six months.
G. ADJOURNMENT
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The meeting adjourned at 1 :41 p.m.
ATTEST:
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