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01/23/1997 (2) ~., :.-:. '.".......:...,.:.::..'.:. '.':~..<.:.~':.....:......:.:..:.....::....:.ll:.:...~...r.,..~.:'..,..'..'..l.... 1', .' '.:.: ..... . .'. .,.. :: '.'. 1',.',1 . ! '. , t , ' , , . ~', : . : , '.1 ' . ,',,' .' .~ ,>:'~~ .>..~\:< V'" t . '. , , " , . I . r, .: ~. '. ~. '. . . ." . . I ' , \-",',.1~t:-V h: i: '"'~" :'f~~;(\I-~,rt!:~'~,f:!'1'll'J~f.~,~V1'!'~'~~";'~~:'" ':..:,...,.,. ',. ,,_ p,"'" , :", \ ':"~ ':, 't':-"' '-~ ,.~> C"."-: :(,: :,:,." " ". ". ",..,'," . ',' " DCAB. ";. '. I,'. ' ,', D'ate . SO-D VOII. . a~J \ q9J ~. . ' .' . , . :.. .' " , . ," Cftj , , f .. ': .; ;, '. ." , , , , , \ . ~ ~ , '. . , . ""_' ..,' '" ',,' ',\",' ,;';'......:,":.',', ..' ~-:' ':.',:' ,'i,,~.,;;',',,':' ,,:','..,.,.',..,"... \':',:',;. ":", '/", ",':.', :-,', , '/',. ,";', ';,.'\ ','",., '.' ." . . .. /., . . '. I..' . , . . . , ,\ ~ I . " i . " . .' ,. ~." " I" ..' , ',' ..,"a.- '" ". 1-' " '0 'U " ,',,',,', . ,,' .' '\ . " . I', ' , . ." '" " ' , , , , ," . ,> .' . ~" . . . . . " '. .." j , '. . (--, .t,fiotlt, f...c'i~-" , \:J DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA Thursday, January 23, 1997 -- 1 :00 p.m. -- Harborview Center Ballroom A B. Continued Variance Requests 1. (cant. from 1/09/97) Markos K. & Sevasti Lagos/Manuel Kastrenakes (Pinellas Auto Body) for the following variances: (1) a landscape buffer variance of 5 ft to allow a zero foot wide landscape buffer strip where a minimum of 5 ft is required; (2) an open space variance for the lot of 7 percent to allow 3 percent where a minimum of 10 percent is required; (3) a front yard open space variance of 14 percent to allow 11 percent where a minimum of 25 percent is required; and (4) an interior landscaping variance for vehicular traffic of 3 percent to allow 3 percent where a minimum of 6 percent is required at 2070/2084 Range Rd, Pinellas Groves Sub, a portion of Lots 11 & 12, lying in See 12-29-15, zoned IL (Limited Industrial). VR 97-03 ACTION: Granted as requested subject to the following conditions: 1) This variance is based on the variance application' and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's variance request. Deviation from any of the above documents submitted in support of the variance request 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 90 days from the date of this public hearing to allow time to obtain SWFWMD authroization; 3) A 2 foot wide landscaping buffer shall be provided adjacent to Range Road; and 4) The dumpster in front of 2084 Range Road shall be removed from the Range Road right-of~way. C. New Variance Requests 1. Emmerson & Susie McCray for the following variances: (1) a lot area variance of 800 sq ft to allow an area of 4200 sq ft where a minimum of 5000 sq ft is required; (2) a lot depth variance of 5 ft to allow a depth of 75 ft where a minimum of 80 ft is required; and (3) a setback variance of 1 ft to allow a new single family home 4 ft from the east side property line where a minimum setback of 5 ft is required at 1132 Harris Lane, Sec 22-29-15, M&B 31.06, zoned RS 8 (Residential Single Family). VR 97M05 ACTION: Granted as requested subject to the following conditions: 1) This variance is based on the variance application and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's variance request. Deviation from any of the above documents submitted in support of the variance request 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 one year from the date of this public hearing. 2. Robert A. Smith a setback variance of 20 ft to allow a storage shed 5 ft from the South Street right-of~way where a minimum setback of 25 ft is required at 1349 South DCAB ACTION 1 01/23/97 I', , :;',":",( :,;";.(:i#i;iMt;,ti~~~'!,{\?;Y:b':'>:~:;;!:::' '. , '.' ,:.. .. . ." ... , I ' . \'.' " I, ........ ! ' c, ~.~ Washington St, Lake View Heights, Blk H, Lot 1, zoned RS 8 (Residential Single Family)~ VR 97-06 ACTION: Continued to the meeting of February 13, 1997 3. David & Carol Pletcher for a variance to allow a motor home to be parked in a residential neighborhood in the setback area from the Woodlawn Street right-af-way at 1271 Woodlawn St, Brookhill Unit II, Blk 0, Lot 1, zoned RS 8 (Residential Single Family). VR 97-08 ACTION: Denied Minutes Approval -- January 9, 1997- Approved as submitted Board and Staff Comments -- Discussion Adjournment -- 2:40 p.m. '\ '.....~ f~J < ~.; ,., " . '\ 0" " DCAB ACTION 2 01/23/97 ~~<".,},,\',;'1';'~~:}':$j'~t i ~ ~~ v DEVELOPMENT CODE ADJUSTMENT BOARD CITY OF CLEARWATER January 23, 1997 Present: Otto Gans William Schwob William Johnson Mark Jonnatti Ron Stuart Leslie Dougall-Sides John Richter Gwen Legters Chair Vice Chair Board Member Board Member Board Member Assistant City Attorney Senior Planner Board Reporter The meeting was called to order at 1:00 p.m. in HarbolView Center Ballroom A, followed by the meeting procedures and the appeal process. To provide continuity for research, items are listed In agenda order although not necessarily discussed in that order. B. Continued Variance Requests 81. (cant. from 1/09/97) Markos K. & Sevasti Lagos/Manuel Kastrenakes (Pinellas Auto Body) for the following variances: (1) a landscape buffer variance of 5 ft to allow a zero foot wide landscape buffer strip where a minimum of 5 ft is required; (2) an open space variance for the lot of 7 percent to allow 3 percent where a minimum of 10 percent is required; {3~ a front yard open space variance of 14 percent to allow 11 percent where a minimum of 25 percent is required; and (4) an interior landscaping variance for vehicular traffic of 3 percent to allow 3 percent where a minimum of 6 percent is required at 2070/2084 Range Rd, Pinellas Groves Sub, a portion of Lots 11 & 12, lying in See 12-29-15, zoned IL (Limited Industrial). VR 97~03 Mr. Richter presented background information and written staff recommendations. This item was continued from January 9 to investigate a neighbor's complaint, and to consider a revised plan. Since the last meeting, the City has received a letter from the attorney of the objecting property owner, withdrawing the objections and supporting the request. Regarding the plan revision, City Environmental staff felt a two~foot landscaping buffer would not be sufficient. Staff felt it would be more appropriate to reduce the proposed sidewalk and driveway width and install the required five foot wide buffer. Staff felt conditions support the request and recommended approval with four conditions. Markos K. Lagos, the applicant, did not feel it would be appropriate to reduce the required sidewalk width, for safety, or handicapped accessibility. The proposed driveway width is needed to accommodate his ten large towing vehicles and to avoid traffic stacking up, causing congestion on Range Road. In response to questions, he said the towing vehicles are a total of twelve feet wide and 33 feet long. Anthony Ferrara, with the engineering firm representing the applicant, explained sidewalk requirements for handicapped accessibility. The five foot walk is slightly elevated to act as a safety buffer between the drive and the building. mdc01 b.97 1 01/23/97 >. " / '.' ", .\.',..;I..lj...... '. ' j. . I' ~ Discussion ensued regarding the site plan. situation of the building in relation to Range Road. and setback calculations. While Mr. Lagos said he wants the property to look good, his responsibility is to make his business safe. Mr. Ferrara said a two-foot buffer, planted on the property line, would allow sufficient space to nourish the plants and allow them to thrive. Ms. Dougall.Sides pointed out the City's Environmental Division has an ongoing landscaping reinspection program. If required landscaping does not thrive, and becomes nonconforming. it becomes a code enforcement issue. <, u Member Jonnatti declared a conflict of interest regarding this case, stating he would abstain from voting, but wished to direct questions to the applicant. The applicants responded to questions and discussion ensued regarding the need for a 24. foot two-way drive, traffic stacking in Range Road. tow truck unloading area, customer and employee parking. required delivery space, and parking lot ingress/egress. Mr. Lagos submitted five photographs of conditions on and around the subject property. One member encouraged the applicant to create ingress on the west side, but Mr. Lagos said that was discouraged by the City Traffic Engineer. Two members questioned the harm in allowing the landscaping buffer to encroach slightly into the adjacent 15 foot City right-at-way setback, which is not on a heavily traveled residential street. It was indicated this is a common practice in certain residential areas. Ms. Dougall.Sides acknowledged many landscaping areas extend into City rights-at-way, but the current policy is not to allow such encroachment. She explained how such a proposal would have to be implemented. One member pointed out the applicant has a plan to improve on of the least attractive areas of the City, without right-at-way encroachment, and should be supported. A letter from counsel for MONIN, Inc., withdrawing objection and supporting variance approval, was submitted with the board packets. No verbal support or opposition was expressed. Member Johnson 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 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 90 days from the date of this public hearing, to allow time for the applicant to obtain the necessary SWFWMD approval; 3) A 2.foot wide landscaping buffer shall be provided adjRcent to Range Road; and 4) The dumpster in front of 2084 Range Road shall be removed from the Range Road right-ot.way. Members Gans, Johnson, Schwab, and Stuart voted I1Ayel1; Member Jonnatti abstained. Motion carried. mdc01 b.97 2 01/23/97 c.. "I... $1 "" > ,~ . >c ',I ~ I~:> o 1) c. New Variance Requests C1. Emmerson & Susie McCrav for the following variances: (1) a lot area variance of 800 sq ft to allow an area of 4200 sq ft where a minimum of 5000 sq ft is required: (2) a lot depth variance of 5 ft to allow a depth of 75 ft where a minimum of 80 ft is required: and (3) a setback variance of 1 ft to allow a new single family home 4 ft from the east side property line where a minimum setback of 5 ft is required at 1132 Harris Lane, See 22-29-15, M&B 31.06, zoned RS 8 (Residential Single Family). VR 97-05 Mr. Richter presented background information and written staff recommendations, stating the applicant wishes to develop a vacant property with a single family home. He explained the need for the three variances due to lot area, depth and side setback requirements. Staff felt conditions support the request and recommended approval with two standard conditions. Board members noted Harris Lane is a 12-foot wide asphalt drive, unusual for a residential street. Mr. Richter agreed, indicating the street and lots were likely laid out in the early 1920's. A question was raised why the home is not parallel with the side property lines. It was indicated the property is not perfectly rectangular and the home was appropriately squared with the street. Emmerson and Susie McCray, owner/applicants, currently reside on the adjacent property to the east. They will move into the new home and sell the current residence to their son. In response to a question, Mr. McCray said a church van on the subject property will be moved when the house is built. It was suggested for the applicant to inquire whether the van may be legally parked on the subject property. Mrs. McCray said they purchased the subject property in 1962, with the intention of building a home someday, and that is her heart's desire. One member noted, while not easy to find, the neighborhood is very attractive. Michael Leeks, construction contractor, said he discovered the irregular lot shape and realized a variance would be needed when reviewing the property's legal description. He did not feel the one foot side setback variance between the family's two lots would be a problem. One man spoke in support of the application, stating he has been the McCray's neighbor more than 30 years, and hopes they will be allowed to build their new home. He was parking the church van on the McCray's property to avoid vandalism that occurs during the week while the church property in Largo is unsupervised. He will move the van, if it is found to be necessary. No written support or opposition was expressed. 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, 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, mdc01 b.97 3 01/23/97 .. ~. . . ~'!,'~ '>, ~~'~<' " .. .': '. ~, .!,"a~l'I1i1-t)'h':~.' '~.' . .~'. ~ 1+" " Member Schwab moved to continue Item C2 VR 97-06, to the February 13, 1997 ,:) meeting. The motion was duly seconded and carried unanimously. C3. David & Carol Pletcher for a variance to allow a motor home to be parked in a residential neighborhood in the setback area from the Woodlawn Street right-of-way at 1271 Woodlawn 8t, Brookhill Unit II, Blk D, Lot 1, zoned RS 8 (Residential Single Family). VR 97-08 '--. f . :, u surveys, and other documents submitted in support of the applicant's request for a variance. Deviation from any of the above documents submilted 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 one year from the date of this public hearing. The motion was duly seconded and carried unanimously. C2. Robert A. Smith a setback '~'ariance of 20 ft to allow a storage shed 5 ft from the South Street right-of-way where a minimum setback of 25 ft is required at 1349 S Washington 8t, lake View Heights, Blk H, lot 1, zoned RS 8 (Residential Single Family). VR 97-06 Mr. Richter presented background information and written staff recommendations, stating a nonconforming storage shed was recently constructed without a permit, to replace a deteriorated shed on the property. While it was agreed the new shed is more desirable, staff felt the location is not in the public interest and did not recommend approval. The applicant was not present and the item was moved to the end of the agenda. The applicant had not arrived by the end of the meeting. General discussion ensued regarding the application. Speculation regarding the applicant's intentions ensued. Mr. Richter presented background information and written staff recommendations, stating the applicant wishes to park a motor home within the front setback area of his residential property. It was indicated parking restrictions were created to preserve neighborhoods in an attractive condition. Staff felt conditions do not support the request and did not recommend approval. David Pletcher, the owner/applicant, said he has parked his motor home at this location since he purchased it 11 years ago. His neighbors have offered to speak in support, if necessary. He uses the motor home for his business and recreation, and needs to park it on site for loading, maintenance, and security. He pointed out the vehicle is 21 feet from the roadway and other RV's (recreational vehicles) are parked in the neighborhood. He never received a complaint before he was cited by the Community Response Team, In response to a question, Mr. Pletcher said he is a race car driver and builder, and reiterated the motor home is vital to his business. He needs to protect it from vandalism. mdc01 b.9? 4 01/23/97 r , . '~>' '. . . - ".:;'H "I.:.~ "'" , . '~. ,,l'~~~J~' I "'-,-r.,i-'tr''''-~~,"".,;,~''.-,'C.T>'''''':\.' . \1 ~ r~~~ '-:t.~l ',:) Discussion ensued regarding front setback, vehicle size restrictions, and alternative parking locations on the subject property. It was indicated the current code was adopted on 1985, and was probably In effect when Mr. Pletcher purchased his RV. Mr. Pletcher complained he would have to take out a large tree and pave most of his yard to be able to relocate the vehicle elsewhere on the property. The applicant was cautioned to check with the City before attempting any site reconfiguration. One subdivision resident within 500 feet of the subject property, spoke in opposition to the application. She said, while Mr. Pletcher keeps his property very clean and neat, she felt everyone should follow the neighborhood rules to avoid adverse impacts to property values. One letter in opposition was submitted without citing the reason for the objection. No verbal or written support was expressed. Mr. Pletcher reiterated his earlier comments, adding the motor home is vital to his livelihood, and the vehicle is personal, not commercial. If he is required to move his RV, he asserted the others should be required to move. Discussion ensued regarding the application. It was indicated the parking code has been in effect for a long time. The presence of other nonconforming parking in the neighborhood is not grounds for granting this variance. Until the code is changed, the board felt it is necessary to uphold the law. Member Schwab moved to deny the variance(s)as requested because the applicant has not substantially met all of the standards for approval as listed in Section 45.24 of the Land Development Code, more specifically because: 1) There are not special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or,buildings, or such circumstances are not peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district; and 4) the granting of the variance will not be in harmony with the general purpose and intent of the land development code and comprehensive plan and, based on objection from a neighbor, the request may appear injurious to surrounding properties or othelWise detrimental to the public welfare. The motion was duly seconded. One member wished to ensure the applicant did not feel steamrollered by government because he did not produce witnesses in support. It was questioned whether the other members felt a continuance was appropriate to allow time for Mr. Pletcher's supporters to attend. Board members indicated the application does not support the code and speakers in support would not change their decision to deny the variance. Staff will ask the Community Response Team to inspect the neighborhood for possible parking violations. Upon the vote being taken, the motion to deny carried unanimously. Minutes Approval -- January 9, 1997 Member Johnson moved to approve the minutes as submitted In writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously. mdc01 b.97 5 01/23/97 r , ~>::'/' ....-: ./:,.::. >.:/. ':,;\. :';-::~r~:?~\"';.~',r../~':,,<~::ti>:;;, :::::~.',~:,.:' ',: r: .,' '1>' . . l ~ , . . . . .' = ., . ~ ~) f . -"'I";" ,~') " , -', . . Board and Staff Comments . Referring to Item C 1 above, Member Jonnatti questioned the City's standing on what may be classified as a substandard roadway, and whether any upgrades of similar streets is scheduled. He Indicated such improvements would improve neighborhood conditions dramatically, for a modest expense by the City. Mr. Richter will check with the City Public Works division. Discussion ensued regarding other City locations with substandard streets. Mr. Richter inquired whether the board desired to agenda a future discussion item regarding landscaping and street rights-of-way. The board expressed Interest in inviting a City Environmental or Public Works official to explore these issues. Previous discussion resumed regarding City policy regarding landscaping materials in public rights-of-~av. In response to a question, Mr. Richter will report at the February 13 meeting whether a special meeting will need to be scheduled to review Land Development Code updates with Central Permitting Director Scott Shuford. Brief general discussion ensued. Adjournment :., The meeting adjourned at 2:38 p.m. /~~ Chair ~ ~ Development Code Adjustment Board Attest: ~')4~ ,Board Reporter mdc01 b.97 6 01/23/97 ,,; "::;0,:,},.;,-'/1:';;:<" , ~; :. . ~ +. 'I. .