12/11/1997 (2)
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DEVELOPMENT CODE ADJUSTMENT BOARD. ACTION AGENDA
Thursday, December 11,1997
Call to Order, Pledge of Allegiance, and Invocation
A. Time Extension Requests
John Hancock Mutual Life Insurance Co. (Winn Dixie) for the following variances: (1) a
parking space variance of 84 spaces to allow expansion of a shopping center where 69 new
spaces are required and no new spaces are provided, and 15 existing spaces are displaced;
and (2) an open space variance for the lot of 9.3 percent to allow expansion of a !;hopping
center where 0.3 percent of the required open space for the lot is displace at 2514 McMullen-
Booth Rd, Sec 28-28-16, M&B 33.02, zoned CC (Commercial Center) & OL (Limited Office.)
VR 97-04
ACTION: Granted a six month time extension to July 9, 1998
B. Continued Variance Requests
81 (cont. from 11/13/97) Daniel & Annette Macre (Macre Construction) for the following
variances (1) a height variance of 120 ft to allow a telecommunication tower 180 ft
height where 60 ft is the maximum height; (2) a setback variance of 80 ft to allow a
telecommunication tower 10ft from the South side property line where a minimum
setback of 90 ft is required; (3) a setback variance of 82.5 ft to allow a
telecommunication tower 7.5 ft from the East side property line where a minimum
setback of 90 ft is required; and (4) a setback variance of 82.5 ft to allow a
telecommunication tower 7.5 ft from the West side property line where a minimum
setback of 90 ft is required at 1231 N. Hercules Ave., Sec 12-29-15, M&B 13.06.
zoned IL (Limited Industrial). V 97-75
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, 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 submitted permit drawing will indicate the precise tower height. which shall
not exceed a height of 221 feet above mean sea level; 4} The tower shall be a monopole
tower; 5) There shall be no microwave antennas affixed to the tower; 6) The existing tower
shall be removed within 60 days after City approval of the final inspection for the new
tower; and 7) A letter shall be submitted to the City indicating the tower is available for co-
location by other telecommunication carriers.
62. (cont. from 11/13/97) Helen A. & Paul A. & Marv H. GeleD for the following variances
{1 t a parking variance of 1 space to allow zero spaces where 1 space is required; (2) a
building coverage variance of 10 percent to allow 85 percent where a maximum of 75
percent is required; and (31 an open space variance of 5 percent to allow zero percent
where a minimum of 5 percent is required at 30/32 Papaya St. & 442/444 Mandalay
Ave.. Clearwater Beach Park, Lots 80-85. zoned CB (Beach Commercial). V 97-74
DCAB ACTION
1
12/11/97
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ACTION: Continued to the meeting of January 8, 1998.
83. (cant. from 11/13/97) Betty Jones/Joyce SlIverlSt. Matthew's First Missionary Bootist
Church for the following variances (1) a parking variance to allow up to 52 required
parking spaces on a non-adjacent site (proposed address 807 North Myrtle Avenue,
Morton Plant Mease Healthcare Family Practice Center); and 12) an open spacc
yarianoe for the lot of thirteen peroent to 0110\\' 22 peroent where a minimum of 26
porcent is required at 710 N. Myrtle Ave., R.H. Padgett's Sub, Blk 1, Lots 5 & 6, Blk 2,
Lots 1, 2 and part of Lot 3 together with part of proposed vacated Alden Ave., zoned
RS 8 (Residential Single Family). V 97-76
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; 2) The requisite building permit(s) shall be obtained within one year from the
date of this public hearing; 3) The off-site parking lot shall be limited to 45 spaces; and
4) The open space variance shall be null and void.
Variance #2 was withdrawn by the applicant.
C. New Variance Requests
C1. Judv Lee Colteryahn for a height variance 01 2 ft to allow a wood fence 6 ft high
within the setback area from the Maxima Avenue right-of-way where a maximum
height of 4 ft is required at 3275 San Bernadino St., Del Oro Groves, Lots 476, 477,
478, and part of Lot 475, zoned RS 4 (Single Family Residential). V 97-77
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, 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; and 3) The property owner shall within 30 days after installation of the fence,
plant a landscape buffer on the outside of the fence parallel to the Maximo Ave. right-ofM
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.
C2. Thomas C. & Kathleen M. Sherman for a setback variance of 13.5 1t to allow a building
fascia 1.5 ft from the Gardenia Street right-of-way where a minimum setback of 15 ft
is required at 850 Eldorado Ave., Mandalay Sub, Blk 7, Lot 1 and riparian rights, zoned
RS 8 (Single Family Residential). V 97M78
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, surveys, and other documents submitted in support of the applicant's request for a
DCAB ACTION
2
12/11/97
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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 one year from the date of this
public hearing.
C3. Ronald J. & Mireille Pollack for the following variances (1) a setback variance of 5.5 ft
to allow a second floor room addition 9.5 ft from the South side property line where a
minimum setback of 15ft is required; and (21 a height variance of 5.5 ft to allow an
addition 35.5 ft (average height of the surrounding buildings) where a maximum height
of 30 ft is required at 1104 Druid Rd. S., Harbor Oaks, Lot M, zoned RS 2 (Single
Family Residential). V 97~79
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, 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; and 3) The additions shall align with the existing house walls on the south side.
C4. Jerrv W. & Maureen E. Oilcher for the follOWing variances (1) a setback variance of 4.1
1t to allow a screen room 10.9 ft from the rear property line where a minimum setback
of 15 ft is required; and (21 an open space variance for the lot of 1.3 percent to allow
43.7 percent where a minimum of 45 percent is required at 3138 Sandy Ridge Dr.,
Countryside Tract 55, Unit 1, Lot 11, zoned RS 6 (Single Family Residentiall. V 97-80
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, 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.
C5. Charles H. & Beverlv ScarbrouQh for the following variances (1) a structural setback
variance of 15 ft to allow a carport 10ft from the Howard Street right-of-way where a
minimum setback of 25 ft is required; and (21 a setback variance of 0.42 ft to allow a
carport 4.58 ft from the east side property line where a minimum setback of 5 It is required
at 1132 Howard St., Carolina Terrace Annex, Lot 13, zoned RS 8 (Single Family
Residential). V 97~81
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 mapsl
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 30 days from the date of this
public hearing.
DCAB ACTION
3
12/11/97
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ca. R. Nathan &. Maraaret Dav Hlahtower for a rear setback variance of 12.5 ft to permit a
garage 2.5 ft from a rear property line where a 15ft setback is required at 301 Druid
Rd. W., Harbor Oaks, Lots 30 and 32, zoned RS 6 ISingle Family Residential). V 97w82
ACTION: Granted subject to the following conditions: 1) This variance is based on the
application for a variance and documents submittAd 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.
C7. Garv H. & Mary l. Dworkin a structural setback variance of 3 ft to allow a pool screen
enclosure 4 ft from the rear (South) property line where a minimum setback of 7 ft is
required at 415 Magnolia Dr., Harbor Oaks, part of Lots 78 & 80, zoned RS 6 (Single
Family Residential). V 97-83
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, 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 perrnit(s) shall be obtained within one year from the date of this
public hearing.
ca. Kenneth D. & Ann T. Schild a structural setback variance of 2.5 ft to allow a shed 2.5 ft
from the rear (South) property line where a minimum setback of 10ft is required at 1753
Greenlea Dr., Sunset Lake Manor, Lot 83, zoned RS 8 (Single Family Residential). V 97w84
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, 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 30 days from the date of this
public hearing.
C9. The Kimberlv Home. Inc. for the following variances (1) a setback variance of 22.5 ft
to allow a second story addition 2.8 ft from the NE Cleveland Street right.of-way
where a minimum setback of 25 ft is required; (2) a setback variance of 5.8 ft to allow
a second story addition 4.2 ft from the Westerly side property line where a minimum
setback of 10ft is required; and (3) a parking variance of 7 spaces to allow zero
spaces where 7 spaces are required at 1189 NE Cleveland St., Bassadena, Blk 0, Lots
4, 5, and 6, zoned OL (Limited Office). V 97-85
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, surveys, and other documents submitted in support of the applicant;s request for a
DCAB ACTION
4
12/11/97
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variance. Deviation from any of the above documents submitted in support of thJ 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.
C10. Addcam IIIThe Hampton Inn/Howard Johnson's) a setback variance of 20 ft to allow
a canopy/drop-off/pick-up area 155 ft from the centerline of U.S. 19 North where a
minimum setback of 175 ft is required at 21030 U.S. 19 North, Sec 18-29-16, M&B
14.01, zoned CH (Highway Commercial). V 97-86
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, 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.
C11. Ruth Ceraolo a parking variance of 5 spaces to allow 9 spaces where 14 spaces are
required at 1359 S. Ft. Harrison Ave., Belleair, Blk 15, Lots 10 and 11, zoned IL
(Limited Industrial). V 97.87
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, 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; and 3) The dumpster shall be located to make it accessible to solid waste
collection vehicles.
C12. Pete and Shorty's of Clearwater, Inc. for variances of (1) a lot width variance of
18.16 ft to allow a width of 81.84 ft where a minimum 100 ft is required; (2) a
setback variance of 7.83 ft to allow placement of a new roof and support column
17.17 ft from the David Avenue right-of-way where a minimum setback of 25 ft is
required; (3) a height variance of 4 ft to allow a new 8 ft high fence within the
setback area from the David Avenue right-of-way where a maximum height of 4 ft is
permitted; and (4) a height variance of 2 ft to allow a new 8 ft high fence where a
maximum height of 6 ft is permitted at 2820 Gulf to Bay Blvd., Gulf to Bay
Gardens, Lots 1, 2, and 3, zoned CG (General Commercial). V 97-88
ACTION: Granted subject to the following conditions: 1) This variance is based on the
application tor 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 physical
structure located on the site, will result in this variance being null and of no effect; 2) The
requisite building permit for the roof shall be obtained within one year and the fence permit
for the tence around the service area shall be obtained within 30 days from the date of this
DCAB ACTION
5
12/11/97
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public hearing; and 3) Prior to Issuance of the Certificate of Occupancy, the applicant s~all
contact the City's Urban Forester for information regarding design and selection of
landscaping plants and shall install such landscaping along Gulf~to~Bay Boulevard consistent
with the City's beautification plans.
Minutes Approval - November 13, 1997 - Continued to the next meeting
Board and Staff Comments MM Discussion
Adjournment - 4:09 p.m.
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DCAB ACTION
6
12/11/97
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Present:
Otto Gans
William Schwob
William Johnson
Mark Jonnattl
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
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
December 11, 1997
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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.
A. Time Extension Requests
A1. John Hancock Mutual Life Insurance Co. (Winn Dixie) for the following variances: (1) a
parking space variance of 84 spaces to allow expansion of a shopping center where 69 new
spaces are required and no new spaces are provided, and 15 existing spaces are displaced;
and (2) an open space variance for the lot of 9.3 percent to allow expansion of a shopping
f:~~l center where 0.3 percent of the required open space for the lot is displace at 2514 McMullen-
c;,~i" Booth Rd. Sec 28-28.16, M&B 33.02, zoned CC (Commercial Center) & OL (Limited Office.)
VR 97"()4
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In a letter dated November 25, 1997, the applicants' attorney requested a six month time
extension to allow time for the interested parties to close their transactions, and for the new
owner to submit the permit request.
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Member Johnson moved to grant a six month time extension to July 9, 1998. The
motion was duly seconded and carried unanimously.
B. Continued Variance Requests
81. (cant. from 11/13/97) Daniel & Annette Macre (Macre Construction) for the following
variances (1) a height variance of 120 ft to allow a telecommunication tower 180 ft height
where 60 ft is the maximum height; (2) a setback variance of 80 ft to allow a
telecommunication tower 10ft from the south side property line where a minimum setback
of 90 ft is required; 13} a setback variance of 82.5 ft to allow a telecommunication tower
7.5 ft from the east side property line where a minimum setback of 90 ft is required; and
(4) a setback variance of 82.5 ft to allow a telecommunication tower 7.5 ft from the west
side property line where a minimum setback of 90 ft is required at 1231 N Hercules Ave,
Sec 12-29-15, M&B 13.06, zoned IL (Limited Industrial). V 97-75
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Mr. Richter presented background information and written staff recommendations,
stating this item was continued from the previous meeting due to aesthetic concerns
regarding a proposed three-legged tower. The applicant has amended the design to a
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1
12/11/97
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'. consented to reducing the proposed height as recommended by the City, due to aircraft
safety concerns at this location near the Clearwater Airpark. Staff felt conditions support
the request and recommended approval with six standard conditions.
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Lee Barnard, tower contractor representing the applicant, stated the three-legged tower
design was replaced by a monopole placed further toward the back of the property. The
applicant will meet the City recommendation to ensure the tower does not exceed 221 feet
above mean sea level. A survey will determine the elevation difference between the airport
and the subject property. He felt it likely the finished tower will be 1 50 feet tall and
capable of holding equipment for three to four major telecommunication carriers. As this
figure was estimated using computer software, it is not known whether the applicant will
sacrifice capability by changing to a monopole structure. In response to questions, Mr.
Barnard was willing to state in writing the applicant's intention to pursue co-location of
other telecommunication carriers' equipment. Currently the applicant has commitments
f~om PrimeCo and Sprint, in addition to his existing two-way radio setup. He noted three
shaped on the drawing are attachment hardware. All wiring will be contained within
conduit running through the center of the tower.
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Member Schwab moved to grant the variances as requested subject to staff's
recommended six conditions. The motion was duly seconded. Amendments were
requested to ensure precise tower height and the applicant's intention to pursue co-location
are documented for the record. Discussion ensued regarding comparative elevations, and
the code requirement that the finished tower height at the subject location not exceed 150
feet above the airpark elevation. Member Schwob withdrew the motion. The seconder
concurred.
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Member Schwob moved to grant the variance as requested because the applicant has
substantially met all 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
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 one year from the date of this public hearing; 3) The
submitted permit drawing will indicate the precise tower height, which shall not exceed a
height of ,221 feet above mean sea level; 4} The tower shalf be a monopole tower; 5) There
shall be no microwave antennas affixed to the tower; 6) The existing tower shall be
removed within 60 days after City approval of the final inspection for the new tower; and
7) A letter shall be submitted to the City indicating the tower is available for co-location by
other telecommunication carriers. The motion was duly seconded and carried unanimously.
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Assistant City Attorney Dougall-Sides was requested to prepare and submit the board's
final order In writing for the Chair's signature. Consensus was board adoption was not
necessary.
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2
12/11/97
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82. (cont. from 11/13/97) Helen A. & Paul A. & Mary H, Gelep for the following variances
(1) a parking variance of 1 space to allow zero spaces where 1 space is required; (2) a
building coverage variance of 10 percent to allow 85 percent where a maximum of 75
percent is required; and (31 an open space variance of 5 percent to allow zero percent
where a minimum of 5 percent is required at 30/32 Papaya St. & 442/444 Mandalay
Ave., Clearwater Beach Park, Lots BOMB5, zoned CB (Beach Commercial). V 97-74
In a letter dated December B, 1997, the applicant's architect requested continuance to
allow time for the owners to finalize negotiations concerning tenant requirements. No
verbal or written support or opposition was expressed.
Member Schwob moved to continue Item B2 to the meeting of January 8, 1998. The
motion was duly seconded and carried unanimously.
B3. (cont. from 11/13/97) Betty Jones/Joyce Silver/St. Matthew's First Missionarv Baptist
Church for the following variances (1) a parking variance to allow up to 52 required
parking spaces on a non-adjacent site (proposed address 807 North Myrtle Avenue,
Morton Plant Mease Healthcare Family Practice Center); and (2) an opon spaoa
'-'orianao for tho lot of thirteen poroent to ;]lIow 22 percent where il minimum of 36
~ereent i9 required at 710 N. Myrtle Ave., R.H. Padgett's Sub, Blk 1, Lots 5 & 6, Blk 2,
lots 1, 2 and part of Lot 3 together with part of proposed vacated Alden Ave., zoned
RS B (Residential Single Family). V 97-76
Mr. Richter presented background information and written staff recommendations,
stating this item was continued from the previous meeting at the applicants' request.
Morton Plant Hospital proposes to use the property as a parking lot to serve a new medical
office building located diagonally across Myrtle Avenue. Mr. Richter stated detailed parking
calculations, stating a new parking lot plan has been submitted, negating the need for the
open space variance. Staff felt the economic and health care benefits to the neighborhood
from the facility outweigh the safety concerns with locating a parking lot across an arterial
street. Staff felt conditions support the request and recommended approval with four
conditions.
Mark Marquardt, attorney representing the applicant, withdrew the open space
variance request, for the record. He stated employee parking is needed to accomplish
placing the hospital's family practice program and University of South Florida/Morton Plant
Medical School resident housing facility in the area. The facility will help meet economic
development and health care needs of the neighborhood's residents. In response to
questions, it was indicated employee handicapped parking spaces will be provided on the
facility site. Mr. Marquardt indicated Morton Plant works with the State and charity
organizations to provide health certain care services at low or no cost to help low to
moderate income citizens in the area.
Discussion ensued regarding one member's concern that the parking lot property could
be sold in the future, leaving the medical facility with inadequate parking area. Mr.
Marquardt responded the applicant agrees to a Unity of Title for the two properties.. One
member supported the request because the lots are small, and development needs must be
reevaluated as an area changes.
No verbal or written support or opposition was expressed.
mdc1297
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12/11/97
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Member Schwab moved to grant the variance as requested because the applicant has
substantially met all 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
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 one year from the date of this public hearing; 3) The off-
site parking lot shall be limited to 45 spaces; and 4) The open space variance shall be null
and void. The motion was duly seconded and carried unanimously.
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C1. Judv Lee Coltervahn for a height variance of 2 ft to allow a wood fence 6 ft high
within the setback area from the Maxima Avenue right-of-way where a maximum
height of 4 ft is required at 3275 San Bernadino St., Del Oro Groves, Lots 476, 477,
478, and part of Lot 475, zoned RS 4 (Single Family Residentiall. V 97.77
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Mr. Richter presented background information and written staff recommendations,
stating the applicant proposes to enclose an existing screened swimming pool area to the
rear of the single family home. Staff felt conditions support the request and recommended
approval with three conditions.
t;~ Judy Colteryahn, the owner/applicant, stated the fence is needed for safety,
aesthetics, and to protect neighborhood children. It will match a fence located on property
across the street.
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Member Jonnatti moved to grant the variance as requested because the applicant has
substantially met all 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
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 one year from the date of this public hearing; and 3) The
property owner shall within 30 days after installation of the fence, plant a landscape buffer
on the outside of the fence parallel to the Maximo Ave. 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.
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4
12/11/97
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City Manager Michael Roberto addressed the board regarding direction of future
development in the community. Highlights are reflected in Board and Staff Discussion,
below.
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Mr. Roberto,
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C2. Thomas C. & Kathleen M. Sherman for a setback variance of 13.5 ft to allow a building
fascia 1.5 ft from the Gardenia Street right-of-way where a minimum setback of 15 ft
is required at 850 Eldorado Ave., Mandalay Sub, Blk 7, lot 1 and riparian rights, zoned
RS 8 (Single Family Residential). V 97-78
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Mr. Richter presented background information and written staff recommendations,
stating the applicant proposes a mansard overhang around an open deck at the southwest
corner of the single family home. The mansard will enhance the home by providing
architectural detail. Staff felt conditions support the request and recommended approval
with two standard conditions. In response to a question, it was indicated the proposal will
increase an existing nonconformity to a minor extent. Code requirements for self-
supporting overhang projections into the right-of-way were discussed.
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Thomas Sherman, the owner/applicant, wishes to continue an existing mansard,
wrapping around the side of the house facing the public beach access adjacent to the
home. The proposal will not impact anyone's privacy or home. The overhang will protect
an existing hurricane shutter, help shield the south side of the home from the harsh
elements, and complete a decorative design feature. He submitted a photograph of the
~;~~~, existing mansard and the area in which the proposal will extend.
No verbal or written support or opposition was expressed.
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Member Johnson moved to grant the variance as requested because the applicant has
substantially met all standards for approval as listed in Section 45.24 of the land
Development Code, subject to the following conditions: 11 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 21 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.
C3. Ronard J. & Mirellle Pollack for the following variances (1) a setback variance of 5.5 ft to
allow a second floor room addition 9.5 ft from the South side property line where a
minimum setback of 15 ft is required; and (2) a height variance of 5.5 ft to allow an
addition 35.5 ft (average height of the surrounding buildings) where a maximum height of
30 ft is required at 1104 Druid Rd. S., Harbor Oaks, lot M, zoned RS 2 (Single Family
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Residential). V 97.79
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Mr. Richter presented background information and written staff recommendations,
stating the applicants wish to construct a second story addition to their single family home,
o enlarging the basement and first floor to take fuller advantage of the large waterfront lot.
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5
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He detailed setback and building height requirements, A study by a planning consultant
shows the proposed height is consistent with other homes in the vicinity. Staff felt
conditions support the request and recommended approval with two standard conditions.
In response to a question, Mr. Richter said the RS (single family resldBntial) zoning does not
allow more than one family dwelling unit on the property. Because variance approval is
tied to documents submitted with the application, one member felt it would be in the
applicants' best interest to dimension their drawings or submit a survey, showing the
additions in relation to each other, the existing home, and the property lines.
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Ronald Pollack, the owner/applicant, clarified the additions and the second floor plan
will align with the existing first floor wall. The two story plan, moderately sloped roof, and
building height are consistent with others in the neighborhood. The proposal will expand
the basement laundry and guest rooms and expand the first floor slightly to accommodate
the second floor addition to make more room for the growing family.
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No verbal or written support or opposition was expressed. One member noted the proposal
does not increase the existing non-conformity, and it make good structural sense to align the first
and second floor walls. The variances are justified due to the special circumstances of the varying
lot elevations.
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Member Johnson moved to grant the variance as requested because the applicant has
substantially met all 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
variance application and documents submitted by the applicant, including maps, plans,
(l'~) surveys, and other documents submitted in support of the applicant's variance request.
.:','t. 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; 21 The requisite building
permit(s) shall be obtained within one year from the date of this public hearing; and 3) The
additions shall align with the existing house walls on the south side. The motion was duly
seconded and carried unanimously.
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C4. Jerrv W. & Maureen E. Dilcher for the following variances (1) a setback variance of 4.1
ft to allow a screen room 10.9 ft from the rear property line where a minimum setback
of 15 ft is required; and (2) an open space variance for the lot of 1.3 percent to allow
43.7 percent where a minimum of 45 percent is required at 3138 Sandy Ridge Dr.,
Countryside Tract 55, Unit 1, Lot 11, zoned RS 6 (Single Family Residential). V 97-80
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Mr. Richter presented background information and written staff recommendations,
stating the applicants propose to construct a new screen room extending from the rear of
the single family home alongside the existing pool enclosure. He related setback and open
space requirements. Staff felt conditions support the request and recommended approval
with two standard conditions.
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Jerry Dilcher, the owner/applicant wishes to enlarge the screen enclosure to
accommodate a hot tub needed for medical reasons, and facilitate his orchid growing
hobby.
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mdc1297
6
12/11/97
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Member Schwob moved to grant the variance as requested because the applicant has
substantially met all 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
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. The motion
was duly seconded and carried unanimously.
C5. Charles H. & Beverlv ScarbrouQh for the following variances (1) a structural setback
variance of 15 ft to allow a carport 10ft from the Howard Street right-of-way where a
minimum setback of 25 ft is required; and (2) a setback variance of 0.42 ft to allow a
carport 4.58 ft from the east side property line where a minimum setback of 5 ft is required
at 1132 Howard St., Carolina Terrace Annex, Lot 13, zoned RS 8 ISingle Family
Residential}. V 97-81
Mr. Richter presented background information and written staff recommendations,
stating the applicant has constructed a new aluminum prefabricated carport that is non-
conforming to setback requirements. Many homes in the area were platted in 1925 and do
not comply with current setback requirements. The addition is consistent with the
neighborhood and appears to roughly align with the existing carport. Staff felt conditions
support the request and recommended approval with two conditions.
Charles Scarbrough, the owner/applicant, authorized Rick Massey as representative
Mr. Massey said the carport was built to protect the home from the environment. He
said drawings were approved October 1 6, the structure is portable and is bolted to a
concrete slab, not attached to the home. He submitted two photographs showing the
carport in relation to the home and the adjacent property. In response to a question, he
said a contractor built the carport about 12 months ago.
It was indicated the Central Permitting Department issued a stop work order on
October 16, 1997 for construction without inspections or building permit. Board members
reiterated a standing concern that property owners are charged a triple permit fee for
unpermitted construction, when contractors who are presumably more familiar with the
building code should be held responsible. Ms. Dougall.Sides noted staff forwards
documentation of unpermitted work to the County licensing boards for review of the such
situations.
No verbal or written support or opposition was expressed.
Member Jonnatti moved to grant the variance as requested because the applicant has
substantially met all 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
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
mdc1297
7
12/11/97
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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 30 days from the date of this public hearing. The motion
was duly seconded and carried unanimously.
I
CG. R. Nathan & MarQaret Dav HiQhtower for a rear setback variance of 1 2.5 ft to permit a
garage 2.5 1t from a rear property line where a 15 ft setback is required at 301 Druid
Rd. W., Harbor Oaks, Lots 30 and 32, zoned RS 6 (Single Family Residential). V 97.82
Mr. Richter presented background information and written staff recommendations,
stating the applicants wish to replace an existing carport with a new garage of the same
size and footprint. He related setback requirements, stating staff felt conditions support
th~ request and recommended approval with two standard conditions.
Nathan Hightower, an owner/applicant, stated a wall to the south in the existing
carport will align with the rear of the new garage. The old structure needs replacement
due to its poor condition.
No verbal or written support or opposition was expressed. A board member complimented
the applicants' landscaping.
Member Johnson moved to grant the variance as requested because the applicant has
substantially met all 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
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 21 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.
C7. Garv H. & Marv L. Dworkin a structural setback variance of 3 ft to allow a pool screen
enclosure 4 ft from the rear (South) property line where a minimum setback of 7 ft is
required at 415 Magnolia Dr., Harbor Oaks, part of Lots 78 & 80, zoned RS 6 (Single
Family Residential). V 97-83
Mr. Richter presented background information and written staff recommendations,
stating the applicants wish to construct a water feature to the rear of their single family
home, surrounded by a screen enclosure. The enclosure will align with an existing pool
house along the rear property line. He related setback requirements, stating staff felt
conditions support the request and recommended approval with two standard conditions.
Alex Plisko, architect representing the applicant, submitted a letter of authorization.
He related the history of variances for the site, stating the enclosure is needed to protect
the applicants' fish from raccoons in the neighborhood. The back of the house is being
painted dark green to blend with the neighbor's landscaping to the rear. The applicant
owns one adjacent lot: and owners of the two remaining properties have no objections.
mdc1297
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No verbal or written support or opposition was expressed.
Member Schwob moved to grant the variance as requested because the applicant has
substantially met all 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
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. The motion
was duly seconded and carried unanimously.
ca. Kenneth D. & Ann T. Schild a structural setback variance of 2.5 ft to allow a shed 2.5
ft from the rear (South) property line where a minimum setback of 10ft is required at
1753 Greenlea Dr., Sunset lake Manor, lot 83. zoned RS 8 (Single Family Residential).
V 97-84
Mr. Richter presented background information and written staff recommendations,
stating the applicants have placed a shed in the rear yard within the rear setback. A large
tree restricts placement of the shed farther from the rear property line. He related setback
requirements, stating staff felt conditions support the request and recommended approval
with two conditions.
Ann Schild, an owner/applicant, stated the shed is almost imperative for storage.
Moving their pool equipment out of the garage will create off street parking for one of their
four cars. In response to questions, Ms. Schild said a boat parked in front of the house is
16 feet long.
No verbal or written support or opposition was expressed.
Member Jonnatti moved to grant the variance as requested because the applicant has
substantially met all standards for approval as listed in Section 45.24 of the land
Development Code, subject to the following conditions: 11 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 30 days from the date of this public hearing. The motion
was duly seconded and carried unanimously.
e9. The Kimberlv Home. Inc. for the following variances (1) a setback variance of 22.5 ft
to allow a second story addition 2.8 ft from the NE Cleveland Street right-of-way
where a minimum setback of 25 ft is required; (2) a setback variance of 5.8 ft to allow
a second story addition 4.2 ft from the Westerly side property line where a minimum
setback of 10ft is required; and (3) a parking variance of 7 spaces to allow zero
spaces where 7 spaces are required at 1189 NE Cleveland St., Bassadena. Blk D. lots
4, 5, and 6. zoned OL (Limited Office). V 97-85
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Mr. Richter presented background information and written staff recommendations,
stating the applicant proposes a second story addition to the existing office building used
as a crisis pregnancy counseling center. The addition will align vertically with the first
story. He related setback and parking requirements, stating the applicant leases adjoining
City-owned land for supplemental parking. Staff felt conditions support the request and
recommended approval with two standard conditions.
Patti Stough, architect . representing the applicant, corrected the non-profit
organization's name for the record. The applicant needs additional space and the leaking
roof needs replacement. It is believed the building was designed for a second story.
Offices will be moved upstairs to allow for ground floor storage and safer access to
donated baby furniture. The second story will be stepped back from the most visible traffic
area. An elevation drawing of the proposal and a photograph of the existing building were
submitted. The proposal will enhance the property and surroundings.
Kit Kelly, facility director, stated in response to a question that parking in the unpaved
City lot is not a problem during heavy rain. Discussion ensued regarding whether the lot is
legal for parking.
No verbal or written support or opposition was expressed. One member found it interesting
such wide setbacks are required in this commercial area. It was felt the proposal is good for the
applicant, the City, and is consistent with surroundings. Discussion ensued regarding previous
uses of the fanner rental property.
Member Johnson moved to grant the variance as requested because the applicant has
substantially met all 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
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. The motion
was duly seconded and carried unanimously.
C10. Addcam II IThe Hampton Inn/Howard Johnson's) a setback variance of 20 ft to allow
a canopy/drop-off/pick-up area 155 ft from the centerline of U.S. 19 North where a
minimum setback of 175 ft is required at 21030 U.S. 19 North, Sec 18-29-16, M&B
14.01, zoned CH IHighway Commercial). V 97-86
Mr. Richter presented background information and written staff recommendations,
stating the applicant proposes to construct a porte cochere (canopy) at the main entrance
to an existing motel undergoing major renovation. The proposal will replace an old
structure in a different location on site. Staff felt conditions support the request and
recommended approval with two standard conditions. In response to a question, Mr.
Richter stated the setback is measured from the centerline of US Highway 19.
mdc1297
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Patti Stough, architect representing the applicant, stated the proposal will not
adversely affect the property or surroundings, She displayed colored conceptual
renderings, photographs of the existing building showing the old porte each ere to be
removed, a floor plan and list of hotel amenities. The applicant hopes for a March opening.
No verbal or written support or opposition was expressed.
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, 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. The motion
was duly seconded and carried unanimously.
C11. Ruth Ceraolo a parking variance of 5 spaces to allow 9 spaces where 14 spaces are
required at 1359 5. Ft. Harrison Ave., Belleair, Blk 15, Lots 10 and 11, zoned IL
(Limited Industrial). V 97-87
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Mr. Richter presented background information and written staff recommendations,
stating the applicant proposes a 672 square foot fast food restaurant near the Pinellas
Trail. He related parking requirements, stating a fast vehicle turnover rate is expected due
to the extremely limited seating area. Staff felt conditions support the request and
recommended approval with three conditions.
Michael Baldridge, representing the applicant, stated his restaUrant will offer take-out
service similar to an old fashioned Dairy Queen with no indoor seating. Adding outdoor
picnic tables for trail users will increase the parking requirement from nine to fourteen
spaces.. He stated in response to questions the menu will consist of hamburgers, rotisserie
chicken, soft drinks, ice cream, etc. The name and hours of operation have not been
decided.
No verbal or written support or opposition was expressed. It was felt the proposal will
work well along the trail. Mr. Baldridge was cautioned to beware of customers creating a
litter problem.
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
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 one year from the date of this public hearing; and 3) The
dumpster shall be located to make it accessible to solid waste collection vehicles. The
L~ motion was duly seconded and carried unanimously.
mdc1297
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C12. Pete and Shorty's of Clearwater. Inc. for variances of (1) a lot width variance of 18.16 ft
to allow a width of 81.84 1t where a minimum 100 ft is required; (21 a setback variance of
7.83 tt to allow placement of a new roof and support column 17.17 ft from the David
Avenue right.of.way where a minimum setback of 25 it is required; 131 a height variance
of 4 ft to allow a new 8 ft high fence within the setback area from the David Avenue
right-of-way where a maximum height of 4 ft is permitted; and 141 a height variance of 2
ft to allow a new 8 ft high fence where a maximum height of 6 ft is permitted at
2820 Gulf to Bay Blvd, Gulf to Bay Gardens, lots 1, 2, and 3, zoned CG (General
Commercia!). V 97-88
Member Jonnatti declared a conflict of interest with regard to this case. He remained
available to answer questions.
Mr. Richter presented background information and written staff recommendations, stating
the applicant proposes to construct a roof over and a fence around a service area as part of a
current restaurant remodeling project. He related lot width, setbacks, and fence height
requIrements. Staff felt conditions support the request and recommended approval with four
conditions. In response to questions, the area is located west of the existing building along
David Avenue. While additional landscaping is not required, it was felt to be desirable and not
unreasonable, in view of the City's Gulf~to"Bay Boulevard beautification efforts.
lee Ufilton, Pete and Shorty's president, stated the property was purchased in August,
1997. A major rehabilitation is underway to make a positive statement along the City's
entryway corridor. He owns and manages several other restaurants. The covered and fenced
service area will provide a sanitary and secure staging area for garbage until it is taken to the
dumpster at the end of the night. He wants an aesthetic appearance because patrons will park
behind the building. He indicated a hedge along Gulf-to-Bay Boulevard is desirable for noise
buffering and ambiance. Neighbors are happy with his extensive cleanup of the hedgerow
along David Avenue. He described the building's exterior appearance and submitted copies of
the proposed menu. General discussion ensued regarding the building renovation and business
operation. Under contract to Hooters management, the restaurant will offer Midwestern US
cuisine and atmosphere. Mr. Ufilton has applied for a full liquor license and hopes to open
January 26, 1998.
No verbal or written support or opposition was expressed.
Member Schwob 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
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 for the roof shall be
obtained within one year and the fence permit for the fence around the service area shall be
obtained within 30 days from the date of this public hearing; and 3) Prior to issuance of the
Certificate of Occupancy, the applicant shall contact the City's Urban Forester tor information
regarding design and selection of landscaping plants and shall install such landscaping along
Gulf-to-Bay Boulevard consistent with the City's beautification plans. The motion was duly
seconded. Members Gans, Schwab, Johnson. and Stuart voted "Aye;" Member Jonnatti abstained.
Motion carried.
mdc1297
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12/11/97
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Minutes Approval - November 13, 1997
Member Jonnetti moved to continue approval to the next meeting to allow time for
members to review the minutes. The motion was duly seconded and carried unanimously.
Board and Staff Comments
City Manager Michael Roberto highlighted his multi.year program for generating
community redevelopment ideas through public dialog. Two ideas are generating a lot of
enthusiasm: 1) the "One City. One Future." plan, to be presented to the community next
month; and 2) the Gulf-to-Bay Boulevard beautification process, a partnership with Pinellas
County, FOOT (Florida Department of Transportationl, property owners, and the City.
Once it is ready for kick-off, Mr. Roberto will give the board a full~blown presentation of the
City's ideas regarding three premises: 1) Promoting Downtown as the "East Beach", an
extension of Clearwater beach; 2) Converting the bluff from 80% pavement to 80% green
space, doubling the size of Coachman park for interactive enjoyment of the waterway; and
3) Achieving a Clearwater beach consensus process wherein big hotels, small businesses
and residentaial properties can work together.
, (~'~:)
.-
Mr. Roberto stated the land Development Code rewrite is a huge undertaking. Having
been written when Clearwater was a development community, amendment is needed to
reflect the changes now that Clearwater is a redevelopment community. He noted the
North Greenwood community is an important area and will be most affected by downtown
redevelopment. He wishes to collect community input regarding when, or if, the City
should build a new home for the Phillies baseball team.
Mr. Roberto stated Clearwater is a healthy commu.,ity with many exciting
opportunities. He will entertain a lot of public dialog, and meet in depth with individual
boards to generate discussion that will result in new public pqlicy and encourage economic
development. He cited a recent finding that Clearwater beach shares the same values with
downtown. He said the community has been wonderful to him and his family during his
first six months as City Manager. He is impressed with City staff and hopes to involve
them as much as possible during this exciting time.
.~. Board members thanked Mr. Roberto for taking time to attend. They were pleased to
hear of his plans to attack City redevelopment and the code as a package. Mr. Roberto
agreed government can be reactive, but it is important to take a global view and address
changes comprehensively. While it is difficult not to focus on the short term, he stressed
the need to focus on the big picture. Mr. Gans had an opportunity to preview the land
Development Code consultant report and was excited at the direction the rewrite is taking.
Mr. Schwob praised Mr. Richter and Ms. Dougall-Sides for their hard work and
thoroughness in serving the board. Mr. Roberto agreed he has been impressed by City
staff and their desire to do the right thing. He added it is important for everyone to be on
the same page.
o
mdc1297
13
12/11/97
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Ms. Oo'ugall-Sides reported an adjacent property owner appealed approval of the
side setback variance at 333 South Gulfview Boulevard IDavid Little, V 97-43,
11/13/97.) The parking variance approval was not contested.
t
In response to questions from' Mr. Johnson, it was not known whether new
businesses are planned for the former Homestyle Harmony Restaurant and Planet
Bubba locations.
Mr. Gans reported a solid roof appears to have been built over the outdoor seating
area at Britt's Restaurant. He requested staff to investigate, take the appropriate
action, and report to the board.
Mr. Gans expressed concern a whirring red light in the window of a T-shirt shop at
the Americana Gulf Hotel is confusing to traffic because it looks like a danger signal.
Adjournment
The meeting adjourned at 4:09 p.m.
Ch~~
Development Code Adjustment Board
Attest:
JW(~ Jy4b
oard Reporter ('_
mdc1297
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12/11/97
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LAST NAME- HKST NAME -MIDDLE NAME
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~
,
COUNlY
THE BOARD. COUNCIL. COMMISSION. AUTlIORllY OR COMMIITEE ON
Wille" I SEll VE IS A UNIT OF:
~ITY C COUNTY 0 OTHER LOCAl. AGENCY
NAME OF POLITICAL SUBDIVISION:
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MY POSITION IS:
o ELECTIVE
~ProINTI\'E
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This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presenled
with a \'oting connict of inlerest under Section 112.3143, Florida Statutcs.
WHO MUST FILE FORM 8B
Your responsibilities under the law when faced Wilh a mcasure in which you have a connict of inlerest will vary greatly depending
on whether you hold an elective or appointive position. For this rcason, please pay close allcnlion to the instructions on this form
before completing the reverse side and liIing the form.
I INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
,Ju~A person hOlding elective or appointive county, municipal, or other local public ofl1ce MUST ABSTAIN from voting on a measure
"1f",,/which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative: or to the special
private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and
officers of independent special tax districts elected on a one-acre, one-vole basis are not prohibited from voting in that capacity.
For purposes of this law. a "relative" includes only the officer's father, mother. son, daughter. husband, wife, father.in.law, mother-in-
law. son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a pa Mner, joint venturer. coowner of property, or corporate shareholder (where the shares of the
corporation arc not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from vOling in the situations described above. you musl disclose the connict:
PRIOR TO TH E VOTE BEl NO T AK EN by publicfy stating to the assembly (he nBlUre of your interesl in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording thc minutes of the meeting. who should incorporate the form in the minutes.
APPOINTED OFFICERS:,
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclosc the nature of the connict before making any allcmpt 10 inOuencc the decision. whelher orally or in writing and
whether made by you or at your direction,
IF YOU INTEND TO MAKE ANY AITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHlCH
THE VOTE WLL BE TAKEN:
· You must complete and file this form (before making any attempt to innuence the decision) with the person responsible for
Orecording the minutes of the meeting, who will incorporate the form in the minutes.
. A copy of lhe form must be provided immediately 10 the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
CE FORM 88. 1()'91
"AGE 1
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IF YOU MAKE NO A1TEMPT TO INFLUENCE THE DEdslON EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your connict in the measure before participating.
· You must complete the form and file it within I S days after the vote occurs \I.;th l~e person responsible for recording the minutes of
the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other
members of the agency. and the form must be read publicly at the next meeting after the form is filed. ~
I,
A\
DISCLOSURE OF LOCAL OFFICER'S INTEREST
. hereby disclose that on ~ / ti'(}
,
.1932
(a) A measure came or will come before my agency which (check one)
~nured to my special private gain:
d. inured to the special gain of my business associate, ~t1V5 tt: C~
_ inured to the special gain of my relative.
_ inured to the srecial gain of . by
whom I am retained; or
_ inured to the special gain of . which
is the parent organiration or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
\t H\~~rty 1t-\1meSi IN- MNri'l5S V€N!Wt (f'Blt ~ ~0 efcMt)
Z' ~~~NC1 AUKlrel,tv~ %tVice;S ON ~W
Da,e J.!/I 1- "'17
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES g112.317 , A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLO\l',''''G:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTIl"','l
SAlAR Y. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 118.10.91
PACE 2