05/22/1997 (2)
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
May 22, 1997
Call to Ordert Pledge of Allegiance, and Invocation
B. Continued Variance Requests
81. (cont. from 5/8/97) Thomas & Evangelia G. Dushas for a height variance of 8 ft to allow a
concrete block wall 14 ft high along the southerly property line where a maximum height of
6 ft is required at 1100 Mandalay Point Rdt Mandalay Point Sub, Lots 1 & 1A and land E
of Lot 1A to the existing seawall, zoned RS 4 (Single Family Residential) and
OS/R (Recreational/Open Space.) VR 97-26
ACTION: Withdrawn
C. New Variance Requests
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C1. David & Kathleen Clausen for the following variances: (1) to allow a screen enclosed
pool within the rear yard setback; and (2) fence height at 1867 Oak Forest Dr. S, Forest
Woods Estatestlot 12t zoned RS 6 (Single Family Residential.) VR 97-34
ACTION: Granted Variance #1 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 one year from the date of this public hearing.
Denied Variance #2
Minutes Approval -- May 8t 1997 -- Approved as amended
Board and Staff Comments -- Discussion
Adjournment - 1:42 p.m.
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DCAB ACTION
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OS/22/97
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
May 22. 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 City Hall, followed by the
Invocation, Pledge of Allegiance, meeting procedures and explanation of the appeal
proqess.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
8. Requests for Extension, Deferred and Continued Items
81. (cant. from 6/8/97) Thomas & EvanQelia G. Dushas for a height variance of 8 ft to
allow a concrete block wall 14 ft high along the southerly property line where a
maximum height of 6 ft is required at 1100 Mandalay Point Rd, Mandalay Point
Sub, Lots 1 & 1 A and land E of Lot 1 A to the existing seawall, zoned RS 4 (Single
Family Residential) and as/R (Recreational/Open Space.) VR 97-26
In a letter dated May 9, 1997. applicants' architect, Thomas J. Graham, withdrew
the above variance application.
Member Schwab moved to withdraw Item B1, VR 97-26. The motion was duly
seconded and carried unanimously.
C. New Variance Requests
C 1. David & Kathleen Clausen for the following variances: (1) to allow a screen
enclosed pool within the rear yard setback; and (2) fence height at 1867 Oak
Forest Dr. 5, Forest Woods Estates, Lot 12, zoned RS 6 (Single Family
Residential.) VR 97-34
Mr. Richter presented background information and written staff recommendations,
stating the applicants wish to construct a SWimming pool and pool enclosure in the
rear yard of the home which backs up to a large church parking lot. The applicants
wish to replace an existing fence along the rear property line with a higher fence to
mdc05b.97 1 OS/22197
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provide privacy I as the ground elevation of the fence is low in relation to the grade of
the church parking lot and nearby McMullen Booth Road.
Mr. Richter detailed setback and fence height requirements in relation to site
constraints and surrounding conditions. Staff supported granting variance #1, as the
proposal meets the standards for approval, and will have no adverse effect on any
other property. If the applicant successfully secures title to a unowned 14-foot swath
of land located inside the existing fence, the setback variance would no longer be
necessary. Staff did not support variance #2, as an eight-foot privacy fence does not
meet the standards for approval, and is not consistent with the established character
of the neighborhood. It was felt a landscaping buffer of the desired height would
provide the necessary privacy in a better and more appropriate manner, without setting
a precedent for eight~foot fences.
One member suggested the applicant consider donating landscaping materials to
the adjacent church for planting outside the fence line, to continue an existing line of
shrubbery that stops short of the applicants' property.
David Clausen, the owner/applicant, stated he bought the house contingent to
being able to build a pool. He explained the site constraints and difficulties he has
encountered with the project. He said the site was torn up by the pool company, who
tried to start building without a permit. He has planned landscaping along the rear
fence line, but the low-lying area is very moist, especially after a rain. Everything he
has planted has died from drowning. He will try to build up the grade when the pool is
built. He said he can live with the noise from McMullen Booth Road, and of church
patrons parking up to the property line, but he wants a privacy screen for the pool.
No verbal or written support or opposition was expressed.
Member Schwab moved to grant Variance #1 as requested, because the applicant
has substantially met all 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: 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.
Discussion ensued regarding alternative solutions to Variance #2. It was indicated
filling the area to raise the grade, and planting landscaping, were preferable to building an
eight-foot fence.
Member Schwab moved to deny Variance #2, for fence height, as the applicant has
not met all the standards for approval. The motion was duly seconded and carried
unanimously. .
Minutes Approval -- May 8, 1997
mdc05b.97
2
05/22/97
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Member Gans requested addition of the following text on page 5, before the
motion to deny VR 97~30 (LOM, Inc., Legends Steakhouse & Surfwest Retail): "One
member suggested the City's decision to relocate the dumpster to its present location
had been one-sided by not taking into account the impact of the dumpster on the
adjacent homeowner. The board strongly recommended that the City investigate
moving the dumpster to another location satisfactory to all concerned."
Member Schwab moved to approve the May 8 minutes as amended. The motion
was duly seconded and carried unanimously.
Board and Staff Comments
In response to questions from Mr. Gans, Ms. Dougall-Sides said the appeal of the
Carlouel Yacht Club approval was withdrawn. The two parties had worked out a
satisfactory arrangement. The final order in the Britt's. Cate appeal is expected in
about a week.
Member Jonnatti questioned whether dumpster enclosures are classified as
structures, or fences, with regard to setback calculations. Mr. Richter said the City
zoning section has been allowing dumpster enclosures within setbacks. Mr. Gans
complained of the smell from dumpsters along the beach. Mr. Jonnatti noted setbacks
are generally waived when commercial properties abut each other; the problems arise
with commercial property next to residential. He will raise the question again during
discussion of the new Land Development Code.
Member Schwab raised a question about a fence along landmark Drive. Mr.
Richter said the fence was moved back, but the property owners have requested more
time to install required landscaping. Environmental Management has been working
with them, but a notice of violation will be issued if the landscaping is not installed
reasonably soon.
Adjournment
The meeting adjourned at 1 :42 p.m.
b*
Chair
Development Code Adjustment Board
Attest:
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Board Reporter ·
mdc05b.97
3
OS/22/97
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