08/14/1997 (2)
.:.'., i. ~f' ", ' ,'~', .~ .~. :<""~~'_I ,~ - , .... .,' ......'. ,," ',.".. ' '. '.', ..'~:'..,.-:", ';'" ."., ,'.,:, ".. ,.
~ . ,. .. , ,
..
.
, ,
. .
, .' , .' ,;.. ., :' l"., .' ~
."
. c.t>
. , ,~. > , j, ' . " ,
., '.
.,' , ' .'
. ,. '.'l' ~, " ':. > : ,
C '. .
;'" ;~;f~:~'~"-;:~:: .; i ';,:;:l..~,~:~.~
. "
. . ,
'"/~;:":'l~~<";':~>"~~~'~~I'i)~~t'.~'...".. ,..~,,~,.,. ~~...:,,,, ~'~i'1~:,:ej.~~I. :.....:::;:r,:::' .
. .
c, . '. " "'. " ,'"' '. ,\ >'. ~< :
, :,. .. ~:'. , . > ~ l
, I"
. ,
DCAB
Development Code Adjustment Board
Minutes
D'ate
4Vj U\S-}-
I +1 I 99 )
.
I
,."
J'ICJ '7
"
" ' '}
,
".
" " ~ <
~ i. rt
<1"4'................'
"," <'. '.........._......__,.........,Jo,.... ,.....,...--,........... . <.
.....--....:Iv'i!h[.......~..I...... " ' ,
. <, ... ~ .' i . .c. I P ~ '.
. ~'" ;"f., ':, ' " .::.,'.":...,'....;'.,..'..' ":"' ":".::,',, , . : .", , ..,' ',' ','
.'", . ' ,: " <' ','.', ',' ..':'. ..,' '.... " .... . . ';".' :",..,,'.. ,-,':'. ,,'~ :.~ '"'' "::, ,~., ".,," ',':' ~. '~' -", . ',". . "
. . .' " " .-. ',' 'I " I: I I'" '. '. .
, ..' , ~ ,I
~
1;';S;~a..
r~,.~tI
u
t'
DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
Thursday, August 14, 1997
Call to Order, Pledge of Allegiance, and Invocation
c. New Variance Requests
C1. Rov D & Bervl A. Palmer for the following variances (1) a fence height variance within
the structural setback of a secondary street rightwor-way; (2) a fence setback variance
from a street right-of-way; and (3) a fence landscape buffer variance adjacent to a
street right-of-way at 1891 Murray Ave., Blackshire Estates, Lot 46, zoned RS 8
(Single Family Residential). V 97~47
ACTION: Granted Variances #1 and #2 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 30 days from the date of this public hearing;
and 3) The property owner shall, within 60 days, plant a hedge or other solid landscape
buffer on the outside of the fence parallel to the Townsend St. right-of-way. The buffer
shall consist of shrubs at least 18 inches in height at the time of planting. The plants shall
form a continuous, solid screen at maturity. Prior to installation, a landscape plan shall be
submitted to the City's Environmental Official and shall be subject to approval by the
Official. Failure to maintain the buffer in a healthy condition shall void the variances.
Denied Variance #3
C2. Ravmond & Esther O. LODez for the following variances (1) a fence height variance
within the structural setback from a street right-at-way; (2) a fence height variance
within the structural setback ot a secondary street right-at-way; (3) a fence setback
variance from a street right-of-way; and (4) a fence landscape buffer variance adjacent
to a street right-of-way at 110 North G1enwood Ave., Crest Lake Sub, Blk D, Lot 4,
zoned RS 8 (Single Family Residential), V 97~48
ACTION: Granted Variances #1, #2, and #3 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 30 days from the date of this public hearing
3) The fence shall be positioned back 12.5 feet tram the Grove St. right-at-way; 4) The property
owner shall, within 30 days after issuance of the building permit; plant a hedge or other
solid landscape buffer on the outside of the fence parallel to the Townsend St. right~of-
way. The butfer shall consist at shrubs at least 18 inches in heig"ht at the time of planting.
The plants shall form a continuous; solid screen at maturity. Prior to installation, a
landscape plan shall be submitted to the City's Environmental Official and shall be subject
to approval by the Official. Failure to maintain the butfer in a healthy condition shall void
the variances; and 5) The applicant shall have prepared and submit to the City with the
DCAB ACTION
1
08/14/97
\'r~ :1>~1 ~~,.rl:'t,}"I'll':'l':.~>.f~';"~~;!'~:' ,q\"'..'":.,';~1[~' .Yli'!;\ll<;j" !-,,"..kt".' ~,':'~ .,";,...',:",., ..~ '.
J.1t ~~':r J.;r..~f~"-''fJ~I~-1-.':~;..{f:..,-.\''\-!,.-t;l...'' "~'i;.~i~~\t;~.':'I'.' .'f~""'" ,J ~ ~,'I'
"''''",,..':d' 0.....", "';';..I'U' "~,"'I"'>.'~." ",)","V.,... ,., 'j'" d' d, " ,.', c . . ,
'1.~l,~\"..,t"~rrl';;;.,~,,~~"'i.:i'.' ~t"'llj"<..'""'('~'I,t~., ,~I.......~ ,+,>' '~"".' '.
'~;i',~.C.'~..;~.;:~.'::~\~.....;,'.?;; ;!?, ";),i:,' ....., '. . .
.. ' ~ . _ '_' 0 ',' l. . ~
:,.) /,r:' :. .. '. .<!t',.'! J ,~,:' 'I,'. ',.' , 0, ' ,. + .'~ . ... -. j"' <' . ,
...:.\:.<:;.:....:( .' ;';':' ';. . ,. '. ""
. . .f j ", ",' ','" I., .1' ,
, '. .",:'~\'.':.,".):;.'i.,:, ."":', . :
: < I :'. !. ~ . . I ";' , .
. '>. . . . t .
" .
. ,',{.' ".
, ..;.~".. .
, .].. I
I~.
'.i .
.
,. ,
.,' ,. .
t ~. .,'. ~ ". . ~'
. -, ."'. :{',' .,:, ,~..~,',~.,,' ~I"~~~'....t . ~ r. ~., " .
, 'l"'''''''''\':'S.iyl'w.11.'1'<''};,,!ff);,:-<i' f'r,..., ",)..~.c '" I ,'li." ..';', I' .,' " " , " '
(t~~. r;~~~:~~\)5;.~'~1ft~llt:7tr..~i'r~l't:~rt!i~Vii 'fi~:t:.'~~~'.~i,~l;(/'\f,,,.,,:~,,~:~::p;,;t~'~:~.~;:.} t:~:' ",<., ",' :i~. ~(.: "i' , .~.. 'j ',~
''',~J'< I). ,:t~ '!~{~f~t'.>,/.,~)~ ..\!ttl:'i','i,~~1.~~'f,&(I!;\t.'\\r;\'~",.z.t,!~:" ,''1.:-:'',;:-',:<,),,,,,,. i ;:,-. " ': <'.J'.". ' ;" 'il':., " " I. '."
.ro~"("^~"'I!.",,\...!\r"h~1jl;'W~ ,"'r"t'.f"--1.~I\f;'~"II1"'lt'\~YJ...1"~!'.-"~',1 l".. I -t, \ "~~ , .
~>~"':"r,.tr~hr:,~.'.~~.:~\~f;"';i,~~-':'~.ri.:,.j.t<,.t-t.~V:L'i\?">{~':Jt~';-r:\\~'J'I,.j:,J'~~'}i~ I :1 ....~..". ,:. . ',( \.~ .~~." =.' ~ Ii,.: I .
~P:~!f(~f~<~::j:,':'~I::'J~':";"!~::, >".:.\,,~;..::':Y::I?/l~:::::~:~'r'?:,~;",~ ',' ; " ':' ';'. "':' ,," .
~
.:w"
f --:If~"
o
building permit request, a survey of the fence line adjacent to the property at 1 511 Grove
Street. Denied Variance #4
C3. Charles E. & Kathv S. Buttrick for a fence height variance within the structural setback
from a secondary street right-of-way at 3006 Homestead Court, Homestead Oaks, Lot
23, zoned RS 4 (Single Family ResIdential), V 97-49
ACTION: Granted 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,
sUlVeys, 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 one year from the date of this public hearing; 3) The fence shall be
located at least 3 feet back from the public sidewalk; and 4) The property owner shall,
within 30 days, plant a landscape buffer on the outside of the fence parallel to the Abbey
Lake Rd. right-at-way. The buffer shall consist at shrubs at least 18 inches in height at the
time of planting. The plants shall form a continuous, solid screen at maturity. Prior to
installation, a landscape plan shall be submitted to the City's Environmental Official and
shall be subject to approval by the Official. Failure to maintain the buffer in a healthy
condition shall void the variances.
Minutes Approval - July 24, 1997 -- Approved as corrected
Board and Staff Comments -- Discussion
1. Land Development Code Status - Scott Shuford - Postponed
2. Election of Officers - Continued to August 28, 1997
Adjournment .- 3:28 p.m.
DCAB ACTION
2
08/14/97
, ,;
IP t ~,I "
, .' I ~ F '.
, ,
:,:' ,~".',,' ~ . ,'; :...~' I';'::~ ,.' .... :.:: :_ '.,:,:. ~":'..': ~:n'.":": ~'. ',:': '.'~' _,.:..;.::~..,:\ '..:. , .:,' .:'1,: r.'... ~"', '" :': -: .,:' ': ..;.,~ . '. ,~'.. ',' ,;~, '.;' ". .'. ; '.... : " ':,',.. , ," ".., : " ,,'.' ,:' "" ";':'" ",: ...' ~ ',I ::l".',
~
.'Y
DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
August 14, 1997
Present:
Absent:
Otto Gans
William Schwab
Mark Jonnatti
Ron Stuart
Leslie Dougall-Sides
John Richter
Gwen Legters
William Johnson
Chair
Vice Chair
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
Board Member
",
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 process.
, To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
C. New Variance Requests
C1. Rov 0 & Beryl A. Palmer for the following variances (1) a fence height variance within
the structural setback of a secondary street right-or-way; (2) a fence setback variance
6i.~ from a street right-of~way; and (3) a fence landscape buffer variance adjacent to a
c~'1!l street right-of-way at 1891 Murray Ave., Blackshire Estates, Lot 46, zoned RS 8
(Single Family Residential). V 97~47
Mr. Richter presented background and staff recommendations, stating a non-
conforming six foot high fence was recently built without a permit, enclosing the side yard
and concealing two existing sheds. He detailed the property location, setbacks, fence
height requirements, and neighborhood character. He related the positive and negative
impacts of the fence on the neighborhood, explaining staff's recommendation for granting
variances to allow the fence to remain. If variances are granted, staff recommends the
applicant obtain a building permit within 30 days, and plant a solid landscape buffer along
Townsend Street. Mr. Richter explained the special circumstances for allowing landscaping
to encroach into the right-of-way in this case.
In response to questions, Mr. Richter said it is not known how long the sheds have
existed in their present location or whether they were in compliance when they were
constructed. A survey submitted by the applicant shows the sheds have been in their
present location for at least seven years. Discussion ensued regarding right-of-way
distance and landscaping requirements. Discussion ensued regarding the City's practice of
charging triple permit fees. One member urged the City to publicize the need for a permit
when building or replacing fences, to avoid having to triple permit fees.
Q.
mdc08a97
1
08/14/97
, ,
~ '..;":"':"~"" " ,.,.:,' ,,'. .. ;.:. .,'...:.:>:.;', "i"':<<.',,~,,>:: :,:,.<.,:::,:, :.':.'::.:.'.....:~,;:, ',"',', :,"""","':":"; '..;:, "',.",,::."." ":,,:," '.':..,' """:;,:.':: '<,:".".'><. :::": :.:
. ,',", ,:,.' "::"."',' .,.".".'., ,'.'.'..l..........W...\. ':,-,""""'.-, ".-."" ';, ',':, ,;'.':"','
" 't" I ,. " ,.' ' . ,.,: .:. ;, i\, ' .a' ;', "','12 .... ' .' ,I '. ,'.' . f
,<
:"","", Beryl and Roy Palmer, the ownerlapplicants, stated they were not aware of the permit
~ requirements when they replaced an existing four foot chain link fence with six foot wood
fencing. They wish to enclose the yard for privacy and a safe play area for a child and a
large dog. A large tree in the corner of the yard makes it difficult to move the fence back.
Discussion ensued regarding the proposal, and suggestions for landscaping outside the
fence. Because of their work schedules,the applicants requested 60 days for landscaping
installation Instead of 30 days as recommended by staff.
11&i'..
~r;i1
l . '.",
~
No verbal or written support of opposition was expressed.
Member Schwob moved to grant Variances #1 and #2 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 30 days from the date of this public
hearing; and 3) The property owner shall, within 60 days. plant a hedge or other solid
landscape buffer on the outside of the fence parallel to the Townsend St. right.of-way.
The buffer shall consist of shrubs at least 18 inches in height at the time of planting. The
plants shall. form a continuous, solid screen at maturity. Prior to installation, a landscape
plan shall be submitted to the City's Environmental Official and shall be subject to approval
by the Official. Failure to maintain the buffer in a healthy condition shall void the
variances. The motion was duly seconded and carried unanimously.
Member Schwab moved to deny Variance #3 as the request does not meet the
standards for approval. The motion was duly seconded and carried unanimously.
C2. Ravmond & Esther o. lopez for the following variances (1) a fence height variance
within the structural setback from a street right-of-way; (2) a fence height variance
within the structural setback of a secondary street right-of-way; (3) a fence setback
variance from a street right-of-way; and (4) a fence landscape buffer variance adjacent
to a street right-of-way at 110 North Glenwood Ave., Crest Lake Sub, Blk D, lot 4,
zoned RS 8 (Single Family Residential). V 97-48
Mr. Richter presented background information and written staff recommendations,
stating a non-conforming six foot high wood fence was recently built without a permit,
enclosing the side yard of the corner lot for privacy and to contain a large dog. He detailed
the property location, setbacks, and fence height requirements. It was indicated the fence
is not in harmony with the neighborhood and exterior landscaping is needed. While six foot
high fences are not allowed within 25 feet of the right-of-way at this location, due to the
small lot size, staff recommended compromising by moving the fence back 12.5 feet from
the right-of-way.
mdcOBa97
2
OB/14/97
'T" ..~ >, ,I ..' ~c ,. ~.
. :~:",~,~...~.......4.tN<"\'o,t...,t:"
.. 1 ~..1h'
Raymond Lopez, the property owner, stated he leases the property to his son, Eric
Lopez. The fence is needed for privacy, safety and security for large dogs and a boat Eric
Lopez hopes to obtain. Raymond Lopez confirmed the dwelling is a duplex. He
acknowledged the fence is constructed outside his property line in the right-of-way. He did
not object to planting landscaping outside the fence if the landscaping could be planted in
the easement. He submitted eight photographs of similar fencing conditions in the
immediate vicinity, responding to questions regarding their orientation and locations. He
expressed concern the home improvement center where he purchased his fencing materials
did not advise him of the need for a fence permit. Discussion ensued regarding the poor
quality of the fencing material. Raymond Lopez expressed concern moving the fence back
12.5 feet would mean losing half his enclosed yard area. He had been told his fence would
be legal if he moved it back three feet and landscaped the outside. Board and staff
members explained why that assumption was not correct, and advised the applicant of his
options. In response to questions, Eric Lopez said before the fence was built, his large
Doberman was tied to the porch and frequently barked at passersby. He felt it would be
safer for everyone to fence the yard and give the dog space to move around.
~ In response to questions, Mr. Richter said the area is within the City limits. Discussion
, ensued regarding zoning requirements, lot size, and density in the area. Concern was
expressed the subject property appears to contain more than one dwelling unit. Staff will
investigate.
f~~~"
"~"'....."
, .,. (,\
V
No one was present to speak in support of the application. The applicant submitted six
letters of no objection from residents within 500 feet of the subject property. Theresa Jo
Kelly, the adjacent property owner to the south, spoke in opposition to the request. She
cited concerns regarding the negative impacts of the fence on her property: 1) the fence
appears to have been constructed across her property line; 2) the fence in its present
location will negatively impact the resale value of her home; and 3) the fence blocks her
view of the street and approaching traffic, creating a safety hazard in backing her car from
the driveway. She submitted a survey and nine photographs illustrating the fence in
relation to her property. She responded to questions regarding her survey and the
difficulties she has experienced since construction of the fence. One letter from Ms. Kelly
and two letters from nearby property owners were submitted in opposition to the
application.
The applicant responded to objections, submitting a copy of his survey for the record.
Discussion ensued regarding location of the property line and distance needed to allow
adequate view of traffic for Ms. Kelly.
Board discussion ensued regarding the property' boundaries and small lot size.
Raymond Lopez reiterated his concern he was being asked to cut his yard in half. Board
and staff members explained why that assumption was not correct and reiterated the
applicant's options. While sympathizing with the applicant's wish to fence the small lot,
the board indicated few instances of nonconforming setbacks and fencing exist in the area.
Most properties have larger setbacks and more landscaping. It was felt staff's
recommendation for a 12.5 foot variance was justified. The applicant was strongly
mdc08a97
3
08/14/97
,. r.'~< ':: ~'''i'j':'~~' ">:
.::.,'.'......'....:.' .,..':,'~.;...,~"-:o;,.~.:.:,'.:',.:..J.::~.~...:.;..::~..:..:..:......~..""".:.'~.:'..~~.~._.:. ~.'.:.':.'." ~.:_:....~:,.,.....:',' ::""}"l'I.'~~I"'I.' ',' '.. :"" ",""""\,'\ .,'. '.,'.....<. ,'..'
. .
"
. .~' ..
r?
recommended to obtain a new survey to solve the property line dispute with the neighbor
to ensure fence placement is fair to all parties.
Member Jonnatti moved to grant Variances #1, #2, and #3 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; 2) The
requisite building permit(s) shaH be obtained within 30 days from the date of this public
hearing 3) The fence shall be positioned back 12.5 feet from the Grove St. right-ot-way;
4) The property owner shall, within 30 days after issuance of the building permit, plant a
hedge or other solid landscape buffer on the outside of the fence parallel to the Townsend
St. right-of-way. The buffer shall consist of shrubs at least 18 inches in height at the time
of planting. The plants shall form a continuous, solid screen at maturity. Prior to
installation, a landscape plan shall be submitted to the City's Environmental Official and
shall be subject to approval by the Official. Failure to maintain the buffer in a healthy
condition shall void the variances; and 5) The applicant shall have prepared and submit to
the City with the building permit request, a survey of the fence line adjacent to the
property at 1 511 Grove Street. The motion was duly seconded and carried unanimously.
<:,
Raymond Lopez requested and received clarification of what was granted. It was
recommended for the applicant to work with staff regarding details of his proposal.
Member Jonnatti moved to deny Variance #3 as the request does not meet the
standards for approval. The n)otion was duly seconded and carried unanimously.
C3. Charles E. & Kathv S. Buttrick for a fence height variance within the structural setback
from a secondary street right-of-way at 3006 Homestead Court, Homestead Oaks, Lot
23, zoned RS 4 (Single Family ResidentIal). V 97-49
Mr. Richter presented baCkground information and written staff recommendations,
stating the applicants wish to enclose the rear yard of the corner lot with a six foot wood
fence. The fence will restore the privacy and security that existed prior to recent
development of a new elementary school to the north. He detailed site conditions,
surroundings, and vehicular access. He specifically noted the public sidewalk was built on
the applicants' land, but felt it prudent to locate the fence a minimum of three feet back
from the sidewalk to allow adequate space for a landscaping buffer. Staff felt conditions
support the request and recommended approval with four conditions. Board concern was
expressed the fence on the school property was built without regard to City zoning
requirements.
Kathy and Charles Buttrick, the ownerlapplicants, expressed concern they Bre losing a
total of eight feet of back yard space by placing the fence three feet back from the
sidewalk. They requested consideration of allowing the fence within two feet of the
l ':".\
~
mdcOBa97
4
08/14/97
_a.....~,'"..._..HI.,~t '-ro-. ,,~~. >
" . cL.,......:"-.....-..~,l..:I...
.~..:~~<::.,::;;.'I'_..' ..... . ...... ...... '.'. ...:,:'.J ...~. '''':'(~.:.ij??f:),':.b,;>.::.i.:i/''E':'<:' .;;">,,,,;"i.:C"\ r-
',' .' '. "'. ...,....."........ ..1....' ....', ".:-:'-' " " .',., ...... .~:'I.'. .,' '. \. , ...... ',' '.' '. ! .,.
. L' . '... ,:. :' ~ ~,' . ".' ", '.:' ,.',~.~." I' 'J]:' ..:...,...;.."""'1 .:: l',:, '-:'/!' ,r ' ',' .:"....~. :.,'~.\>:,;
~
,
(:)
l""\
~
sidewalk. In response to questions, it was not known how tho sidewalk came to be
located on the applicants' property, as the area does not oppear to be on access easement.
The applicants stated they have tried without success to got the sldowalk removed.
One member suggested being located next to a school Is on ossot thot will add value to
the home. The applicants concurred, however renewed their roquost for a landscaping
buffer smaller than three feet wide. The board pralsod tho boauty of the home and
encouraged the applicants to plant as much landscaping os possible to prosorve the home's
appearance and reduce the incidence of fence defacement along tho sldowalk. Discussion
ensued regarding fast growing landscaping materials, and vehicular accoss to tho school.
No verbal or written opposition was expressed. One lettor nnd II petition with five
signatures from surrounding property owners were submitted in support of tho request.
Member Schwob moved to grant the variances as requested bocauso tho nppllcant has
substantially met all of the standards for approval as listed in Soctlon 45.24 of tho 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 mops,
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 one year from the date of this public
hearing; 3) The fence shall be located at least 3 feet back from the public sidewalk; and
4) The property owner shall, within 30 days, plant a landscape buffer on the outside of the
fence parallel to the Abbey Lake Rd. right-of-way. The buffer shall consist of shrubs at
least 18 inches in height at the time of planting. The plants shall form a continuous, solid
screen at maturity. Prior to installation, a landscape plan shall be submitted to the City's
Environmental Official and shall be subject to approval by the Official. Failure to maintain
the buffer in a healthy condition shall void the variances. The motion was duly seconded.
Questions were raised from where right.of-way is measured. One member did not
favor depriving the applicants of three additional feet of their property. In view of the
generously sized yard, the majority felt the applicants would not be deprived of reasonable
use of their land and indicated their support of staff's recommendations. Discussion
resumed regarding reasons in favor of moving the sidewalk. Mrs. Buttrick stated the City
will not ,move the sidewalk because the six foot sidewalk easement is a matter of public
record. Discussion ensued regarding the motion.
Upon the vote being taken, Members Gans, Schwob, and Jonnatti voted "Aye";
Member Stuart voted "Nay." Motion carried.
Minutes Approval - July 24, 1 997
The minutes were corrected to indicate Mr. Schwob was not present. Member Stuart
moved to approve the minutes as corrected. The motion was duly seconded and carried
unanimously.
mdc08a97
5
08/14/97
:.
, ' . ," ..
":., .
. .. ," ,/.:,;:(,;!,,:- :::~\~:'::!?
" .
;)i'{>1,'J;.'i!,'Y'~;':,,,, ::,/:;';:;' ,':' ;<;'c "
, ~ t
, ,'.
;'
t~ Board and Stoff Comments
1. land Development Code Status - Scott Shuford
This item was postponed because Mr. Shuford had been called away on business with
the City Manager.
2. Election of Officers
At the July 24 meeting, Mr. Gans had been nominated for re-election as Chair;
Mr. Schwob for re-election as Vice-Chair. No additional nominations were made.
Member Jonnatti moved to continue election of officers to the meeting of August 28,
1997, in order for a full board to be present. The motion was duly seconded and curried
unanimously.
Adjournment
The meeting adjourned at 3:55 p.m.
~
,M?~
Chair .
Development Code Adjustment Board
Attest:
~4'
;' .~
Bo'Srd Reporter ....
. I
,
o
mdc08a97
6
08/14/97
t~~/rt;.~:'...:!~:';:':~?~t~jlt! ,; ;:\