10/12/1995 (2)
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DCAB
Development Code Adjustment Board
Minutes
Date~ 12, 'Iqq~ .
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~~ DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
October 12, 1995
Call to Order, Pledge of Allegiance and Invocation
A. VARIANCE REQUESTS:
1. Mary A. Meyers & Joseph Dydio, Trustee for a variance of 5.5 ft to permit a
structural setback of 19,5 ft from a street (SR 580) right-of~way where 25 ft is
required to allow an addition at 2704 Woodview Court, Wildwood of
Countryside, Lot 40 less road right-of-way on 51 zoned RS 8 (Single Family
Residential). V 95-50
ACTION: Granted as requested subject to the following conditions: 1) This
variance is based on the appNcation for a variance and documents submitted by
the applicant, including mapsl plansl 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 th;s public hearing,
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i'J 2. Clearwater Free Clinic, Ine for a variance of 3.5 ft to permit a structural
setback of 6.5 ft from side property line where 10 ft is required to allow an
addition at 707 N. Ft. Harrison Ave., J.H. Rouse Sub, Blk 1, Lots ',2,7 & 8, zoned
CN (Neighborhood Commercial)/RM 8 (Multi-Family Residential). V 95-51
ACTION: Granted as requested slIbject to the following conditions: 1) This
variance is based on the application for a variance and documents submitted by
the applicantl 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 (or 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.
3. Victor & Oeniece Anglero, Jr. for a variance of 3.0 ft to permit a structural setback
of 2.0 ft from side property line where 5 ft is required to allow a structure at 1166
Palmetto St'l Springfield No.2 Sub, Blk B-2, Lot 13 less street on S, zoned RS 8
(Single Family Residential). V 95-52
ACTION: Granted as requested subject to the follmving conditions: 1) This
variance is based on the application for a variance and documents submitted by
the applicant, including mapsl plans, surveys, and other documents submitted in
support of the applicant's request for a variance, Deviation from any of the above
1---.) documents submitted in support of the request for a variance regarding the work
DCAB ACTION
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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 witMn six months from the date or this public hearing;
and 3) prior to tIle issuance or a certificate of occupancy, an access easement 5~all
be recorded for the ddveway encroachment.
B. LAND DEVELOPMENT CODE AMENDMENTS
1. Ordinance 5921-95 of the City Of Clearwater, Florida, relating to the land
Development Code; creating Division 14 of Chapter 41, Code Of Ordinances, to
establish development standards for parking garages; providing an effective date.
ACTION: Endorsed Ordinance 5921-95 to the City Commission with a strong
recommendation to amend Sec. 41. 25 " DefinWons, to read, III Pedestrian-
oriented zoning district' shall mean the North Greenwood commercial district,
and the Bayfront, Core and Eastern Corridor subdistricts of the urban center
district. /1, excluding reference to the resort commercia.l districts on Clearwater
beach and the beach commercial district.
c. APPROVAL OF MINUTES - September 28, 1995 - Approved as submitted
D. CHAIRMAN'S ITEMS - None
f:> E. DIRECTOR'S ITEMS -Introduction of Assistant City Attorney Leslie Dougall-Sides
F. BOARD AND STAFF COMMENTS - Discuss;on
G. ADJOURNMENT - 1:58 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD
October 12, 1995
Members present: Alex Pliska, Chair
Otto Gans, Vice Chair
Joyce Marti n
William Johnson
William Schwab
Also present: John Richter, Senior Planner, Central Permitting Department
Leslie A. Dougall-Sides, Assistant City Attorney
Gwen Legters, Board Reporter
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 an~ 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.
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A. VARIANCE REQUESTS
1. Mary A. Meyers & Joseph Dydio, Trustee for a variance of 5.5 ft to permit a
structural setback of 19.5 ft from a street (SR 580) right-of-way where 25 ft is
required to allow an addition at 2704 Woodview Court, Wildwood of
Countryside, Lot 40 less road right.of-way on S, zoned RS 8 (Single Family
Residential). V 95-50
Mr. Richter gave the background of the case and presented, in writing, the staff
recommendation. He stated the applicants wish to construct an addition to the rear of the
single family home on an irregularly shaped, double frontage lot. The variance is needed
because the widening of State Road 580 took approximately 18 feet off the rear of the
property. Staff found the variance to be minimal and ;n conformance with existing
conditions in the area. Staff recommended approval subject to two standard conditions.
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Mary Meyers, the owner/applicant, and Paul Dhaliwall, construction contractor, addressed
the Board. Mr. Dhaliwal! detailed conditions existing on the site, noting the proposal is to
add two bedrooms and a family room to accommodate Ms. Meyers' elderly mother. He
stated the addition could have been accomplished without variances if not for the road
widening.
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In response to a question, Mr. Dhaliwall said the addition will not include kitchen
faci I it ies.
No one was present to speak in support or opposition to the request.
Based upon the information furnished by the applicantl 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, more specificallYI
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 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.
2. Clearwater Free Clinic, Inc for a variance of 3.5 ft to permit a structural setback
of 6.5 ft from side property line where 10ft is required to allow an addition at
707 N Ft Harrison Ave, J.H. Rouse Sub, Blk 1, Lots 1,2,7 & 8, zoned eN
(Neighborhood Commercial) / RM 8 (MultiMFamily Residential). V 95-51
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Mr, Richter gave the background of the case and presented, in writing, the staff
recommendation. He stated the applicants wish to construct an addition on the south side
of the existing free clinic. Staff found the design of the proposal logical, with no adverse
spatial effect on adjacent uS,es and in character with other properties fronting on North
Fort Harrison Avenue.
Brenda Harris Nixon, President of the Clearwater Free Clinic board of directors, gave an
overview of clinic operations and detailed the request. She stated additional space is
needed for the pharmacy, privacy consultation rOOl11, onsile storage of patient records and
a diabetic education classroom for their numerous diabetic patients. She said they are
currently renting offsite storage to meet State records retenlion requirements which is
expensive and inconvenient to access. She stated two recently acquired lots are to be
rezoned for additional clinic parking. She said the new use will not affect the amount of
parking needed, nor have an adverse impact on the community. They are proposing to
have the only entrance from Seminole Street, blocking off the North Fort Harrison access.
Ms. Nixon said, with an operating budget of about $55,000, the cl inic treats more than
7,200 patients annually. She listed the medical and clerical personnel who donate their
services and stated all the architectural, engineeringl and site plan services for the project
have been donated as well. The Kiwanis clubs raised the funds to build the original
facility and are raising funds to finance' the addition, which will noE break ground until
complete funding is in place. She said she is very proud of the agency, which can serve a
patient for about $7.00.
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r~ No one was present to speak in support or opposition to the request.
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Based upon the information furnished by the applicant, Member Martin moved to grant
the variance as requested because the applicanl has substantially met all of the standards
for approval as listed ;n 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 applicant's request
for a variance. Deviation from arIY 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 unan imously.
3. Victor & Deniece Anglero, jr, for a variance of 3.0 ft to permit a structural
setback of 2.0 ft from side property line where 5 ft is required to allow a structure
at 1166 Palmetto St., Springfield No.2 Sub, Blk B-2, Lot 13 less street on 5,
zoned RS 8 (Single Family Residential). V 95-52
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Mr. Richter gave the background of the case and presented, in writing, the staff
recommendation, He stated the applicants wish to build a new single family residence
two feet from the west property line. This shift from the center of the lot is needed
because the neighbor's driveway to the east encroaches four feet onto the subject
property. The request will not adversely affect the properties to the west as a 20 foot
utility easement separates them from the subject property,
E.j. Robinson, Construction Specialist for the Clearwater Neighborhood Housing Services,
represented the applicants. He explained the encroachment onto the subject properly was
not shown on the original survey and was discovered during inspection of the building
foundation. A stop work order was issued. Mr, Robinson explained a number of options
were considered and shifting construction three feet to the west was felt to be the best
way to correct the problem without excessive additional expense,
In response to questions, Mr, Robinson stated all parties will benefit from the proposal, as
the property owner to the east will not have to move his driveway and the applicants can
have their house. He said the property owner to the west has expressed an interest in
selling the vacated portion of the easement to the applicant. A question was raised
regarding a fence. Mr. Robinson said the applicants need it to protect their children. If
the applicants can acquire the vacated portion, the fence will be built around the rear and
west side of the property where no variance will be needed. A brief discussion ensued
regarding fence height requirements.
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No one was present to speak in support or opposition to the request.
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Based upon the inf9rmation 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, more specifically,
because the variance arises from a condition unique to the property and was not caused
by the owner or applicant sub;ect to the follow;ng condWons: 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; 2) the requisite building permit(s) shall be obtained within six months from the
date of this public hearing; and 3) prior to the issuance of a certificate of occupancy, an
access easement shall be recorded for the driveway encroachment. The motion was duly
seconded and carried unanimously.
B. LAND DEVELOPMENT CODE AMENDMENTS
1. Ordinance 5921-95 of the City Of Clearwater, Florida, relating to the Land
Development Code; creating Division 14 of Chapter 41, Code Of Ordinances, to
establish development standards for parking garages; providing an effective date.
Mr. Richter stated the proposed ordinance establishes parking garage regulations for
regulate garage setbacks, landscaping and design.
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i"1llol:O> While the Board supported the ordinance in general, they did not agree with inclusion of
the resort commercial and beach commercial districts in the ordinance. Not only was
strong concern expressed with including these districts together with areas which have
been designated as blighted, it was felt that more open space regulation is needed on the
beach. The Board felt the beach is unique and did not agree with applying the same
dimensional and numerical requirements for parking garages to commercial beach and
resort areas.
Member Gans moved to endorse Ordinance 5921-95 to the City Commission with a
strong recommendation to amend See, 41.251, Definitions, to read, IIIPedesLrianworiented
zoning d;str;ct' shall mean the North Greenwood commerdal d;stricl, and the Bayfronl,
Core and Eastern Corddor subd;stricts of the urban center district. ", excluding reference to
the resort commercial districts on Clearwater beach and th0 beach commercial district.
The motion was duly seconded and carried unanimously.
C. APPROVAL OF MINUTES - September 28, 1995 w Approved as submitted
Member Johnson moved to approve the minutes of September 2B, 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
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E. DIRECTOR'S ITEMS ~ Introduction of Assistant City Attorney Leslie Dougall-Sides
F. BOARD AND STAFF COMMENTS
Member Martin questioned a memo from Scott Shuford regarding the extended sign
amortization schedule to the end of fiscal year 1995/96. Mr. Richter said the memo was,
written in response to a DCAB inquiry regarding taking on sign variance hearings to help
lighten the City Commission work schedule. Consensus of the Board was to restudy the
issue once the Commission has met their objective to continue hearing sign variances
through the end of the amortization period.
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Member Gans invited Mr. Shuford to attend a future, DCAB meeting to explain Central
Permitting staffing changes and work in process.
G. ADJOURNMENT
lhe meeting adjourned at 1 :58 p,m.,
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Chair .'
t:) Attest:
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