02/26/1998 (2)
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
February 26, 1998
Call to Order, Pledge of Allegiance, and Invocation
ITEM #A - Time Extension Requests - None.
ITEM #B - Continued Variance Reauests - None.
ITEM #C - New Variance Reauests
C1) Samir & Marie Armanious for the following variances (1) a building coverage variance
. of 0.7 percent to allow 40.7 percent where a minimum of 40 percent is required; and (2)
an open space variance for the lot of 7.5 percent to allow 37.5 percent where a minimum
of 45 percent is required at 807 Harbor Island, Island Estates of Clearwater, Unit 7C, Lot
37, zoned RS 6 (Single Family Residential). V 98-18
ACTION: 'Denied.
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C2) David A. & Charlotte J. Korba for a setback variance of 9 ft to allow a room addition
16 ft from the Trent Court right-of-way where a minimum setback of 25 ft is required at
1960 Trent Court, Willow Ridge Replat, Lot 91, zoned RS 8 (Single Family Residential). V
98~19
ACTION: Granted as requested subject to conditions: 1) variance based on variance
application and documents submitted by 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 work
to be done to the site or to any physical structure on the site will result in this variance
being null and of no effect; 2) requisite building permit(s) shall be obtained within one year
from the date of this public hearing; 31 prior to approval of final inspection for addition,
applicant shall plant shrubs along front and North side of addition to soften encroachment
into setback; and 4) current fence to be repaired or replaced.
C3) Instrument Transformers. Inc. for a setback variance of 4 ft to allow a proposed
carport 16 ft from the Calumet Street right-of-way where 20 ft is required at 1925 Calumet
Street, See 01-29-15, M&B 34.15, zoned IL (Limited Industriall. V 98-20
ACTION: Continued to March 12, 1998.
C4) Charles & Tracev Scalisi (Clearwater Funeral Home) for a height variance of 3.5 ft to
allow a fence 6 ft high within the setback area from the Sunset Point Road right-of-way
where a maximum height of 2.5 It is required at 2510 Sunset Point Road, Blackburn's Sub,
part of Lot 12, zoned CG (General Commerciall. V 98-21
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ACTION: Granted as requested subject to conditions: 1) variance based on variance
application and documents submitted by applicant, including maps, plans, surveys, and
adc02b98 1 , 02/26/98
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,other documents submitted in support of the applicant's variar;1ce ,request. Deviation from
~ny of the ~bove documents submitted in support of the variance request regarding work
'.to be done to the site or to any physical structure on the site will result in this variance
being null and of no effect and 2). requisite building permit(s) shall be obtained within one
. year from the date of this public hearing.
ITEM #0 - land DeveloDment Code Amendments - None
. ITE~ #E '~ ~PDroval of Minutes - FebrUary.~ 1998 ~ Approved as corrected
. ITEM #F ~ Election of Officers' ~
. ACTION: William Schwob elected Chair; William Johnson elected Vi,ce-Chair.
ITEM #G ~ Board & Staff Comments - Discussion.
ACTION: Procedural. changes approved~
, . Adjournment - 2:44' p.m~
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02126/98
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DEVELOPMENT CODE ADJUSTMENT BOARD MEETING
CITY OF CLEARWATER
February 26, 1998'
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William Schwab
William Johnson
Mark Jonnatti
Ron Stuart
Shirley Moran
Leslie Dougall-Sides
John Richter
Patricia O. Su1livan
Vice Chair
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
Present:
The Vice-Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by the
Invocation, Pledge of Allegiance. review of meeting procedures, and explanation of appeal
process.
To provIde continuity for research, Items are In agenda order although not necessarily
discussed In that order.
ITEM #A - Time Extension Reau~sts ~ None.
ITEM #B - Continued Variance Reauests - None.
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ITEM HC - New Variance Requests
C1) Samlr & Marie Armanlous for the following variances (1) a building coverage variance
of 0.7 percent to allow 40.7 percent where a minimum of 40 percent is required; and (2)
an open space variance for the lot of 7.5 percent to allow 37.5 percent where a minimum
of 45 percent is required at 807 Harbor Island, Island Estates of Clearwater, Unit 7e, Lot
37, zoned RS 6 (Single Family Residential). V 98-18
The applicants plan to raze the current single family home and construct a new one on
this property. In this zone, 40% is the maximum building coverage allowed: The 0.7%
variance is requested to allow 40.7% coverage. While a minimum of 45% open space is
required, a variance of 7.5% is requested to allow 37.5% open space.
The character of homes on the West side of Harbor Island is changing, with multi-story
elevated homes replacing some single story homes. Although large, the new homes have not
been constructed pursuant to variances. Staff reported 10 variances have been approved for
Harbor Island since January 1986. none for building coverage or open space. Staff feels
approval of the open space variance will redefine open space requirements and establish a
precedent in this neighborhood. Staff feels the variance requested for building coverage is not
significant as it relates to a 2rd floor wall that extends 2 to 2.5 feet.
Senior Planner John Richter said a 20-sQuare foot storage area, minimal in size, also is
requested. He felt the requested building coverage would add architectural interest. The open
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02/26/98
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space variance would allow a rear concrete deck within 18 feet of the SBa wall. Mr. Richter
felt that requested variance Is too large. He reported the upper level of deck could be built
without a variance. In response to a question, he said variances approved for nearby properties
to which the applicants referred do not relate to this request. In response to a question, he
stated the applicants had changed their plans after submitting their original request.
Samir Armanious, Applicant, said the house will be raised according to coda. The
slab and downstairs walls also will be constructed according to code. The next floor
extends slightly. He said the proposed decking would provide access to the sea wall. He
said the house under construction at 739 Harbor Island has less open space than he is
requesting. Mr. Richter indicated that is not the case. It was noted 2 of the 5 letters of
support submitted by the applicant are from residents who live more than 500~feet from
the subject property. It was noted the applicant had not submitted letters from neighbors
to the North or from across the street.
In response to a question, Mr. Armanious said he planned to place his garbage can
on the side of the house. Concern was expressed not all concrete uses were shown on
the site plan, such as the garbage can slab or a walkway from the rear deck to the dock.
Nicholas Matsis spoke in support of the request. Five letters of support were submitted
with the application. No other support or opposition was expressed.
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. In response to a question, Mr.' Richter said other new homes in the neighborhood had
been built without variances for open space or building coverage. Concern was expressed a
precedent not be established in this area. Neighboring homes were built within code. In
response to a question. Mr. Richter said a swimming pool would be counted against open
space requirements. Concern was expressed open space shown on the site plan;s overstated.
Member Jonnatti moved to deny the following variances (1) a building coverage
variance of 0.7 percent to allow 40.7 percent where a minimum of 40 percent is required;
and (2) an open space variance for the lot of 7.5 percent to allow 37.5 percent where a
minimum of 45 percent is required at 807 Harbor Island, because the applicant has failed
to substantially meet all standards for approval as listed in Section 45.24 of the Land
Development Code. The motion was duly seconded and carried unanimously.
It was requested staff check the new home construction at 739 Harbor Island for
adherence to code.
e2) Oavld A. & Charlotte J. Korba for a setback variance of 9 ft to allow a room addition
16 ft from the Trent Court right-of-way where a minimum setback of 25 ft is required at
1960 Trent Court, Willow Ridge Rapist, Lot 91 , zoned RS 8 (Single Family Residential). V
98-1 9
The applicant proposes to construct a bedroom addition to the front of the home on this
property. A setback of 25~feet from the Trent Court right-of-way is required. A 9~foot
variance is requested to construct the addition 16-feet from the right-of-way.
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02/26/98
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Staff feels conditions support approval. Due to the lot's irregular shape, it is difficult to
enlarge this home without encroaching Into a setback. None of the property lines is parallel.
Some lines are curvilinear. Constructing 8n addition on the home's North side would not
require a variance but a large tree would have to be removed. After being contacted by the
applicant regarding the addition, the other 4 property owners on Trent Court signed a
document of no objection. Approval will not adversely affect this neighborhood.
Charlotte Korba, Applicant, reviewed her request and distributed photographs of the
property. She indicated building the addition on the North side of the property would ruin her
backyard and locate the addition closer to the neighbor's house. In response to a question, Ms.
Korba reviewed plans to replace the current fence as part of the project. In response to a
question, David Korba indicated they will try to save the tree in the front yard. No other
support was expressed. Gemirani Kara spoke against the request, stating the addition will
impede his view and block his air flow. It was noted the addition will not extend farther than
the current garage. No documents in opposition were received.
Member Johnson moved to grant the variance as requested because the applicants
have substantially met all standards for approval as listed in Section 45.24 of the land
Development Code, subject to conditions: 1) variance based on variance application and
documents submitted by 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 work to be done to the
site or to any physical structure on the site will result in this variance being null and of no
effect; 2) requisite building permit(s) shall be obtained within one year from the date of this
public hearing; 3) prior to approval of final inspection for addition, applicant shalf plant shrubs
along front and North side of addition to soften encroachment into setback; and 4) current
fence to be repaired or replaced. The motion was duly seconded and carried unanimously.
C3) Instrument Transformers. Inc. for a setback variance of 4 ft to allow a proposed
carport 16ft from the Calumet Street right~of~way where 20 ft is required at 1925
Calumet Street, See 01 ~29~15, M&B 34.15, zoned Il (Limited Industrial). V 98-2Q
In response to the applicant's request, Member Stuart moved to continue Item #C3
to March 12, 1998. The motion was duly seconded and carried unanimously.
C4) Chartes & Tracey Scalisi (Clearwater Funeral Home) for a height variance of 3.5 ft to
allow a fence 6 ft high within the setback area from the Sunset Point Road right~of-way
where a maximum height of 2.5 ft is required at 251 0 Sunset Point Road, Blackburn's
Sub, part of Lot 12, zoned CG (General Commercial). V 98~21
The applicant lives upstairs of the funeral home in the 2-story building on the property.
The applicant proposes to erect a 64foot wood fence along the East property line, extending
into the front setback from Sunset Point Road where the maximum allowable height is 2.5
feet. The applicant requests a 3.5-foot height variance.
Staff supports approval. The fence will separate the property from a liquor store and
increase the privacy of the funeral home. The proposed fence will not affect adversely other
mdc02b98
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02/26/98
It was felt the City Engineer's recommendation should be enforced. It was stated there
is enough room beyond the fence for visitors to adequately view Sunset Point Road traffic. It
was noted that space is only 4~feet longer than a typical parking space. It was felt patrons
departing the funeral home will drive slowly. In response to a suggestion, Mr. Scalisi opposed
installing chain link fencing at the end of the driveway. It was noted by its nature, the business
needs privacy.
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nearby properties. To provide motorists adequate visibility of the sidewalk, the Traffic Engineer
recommends the fence be no higher than 2.5~feet within 1 O~feet of the front property line.
Charles Scalisi. Applicant, reviewed the request. He opposed the recommendation to
lower the fence to 2.5~feet near the front property line. He stated the fence is needod full
height to the Sunset Point Road setback duo to security concerns related to activities at the
liquor store next door. He said it is important to maintain a dignified atmosphere until his
funeral home patrons exit the property. Concern was expressed a tall fence would block the
site lines of vehicles departing the property. A letter of support from nearby property owners
was submitted with the application. No other 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 conditions: 1) variance based on variance application and
documents submitted by 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 work to be done to the
site or to any physical structure on the site will result in this variance being null and of no
effect and 2) requisite building permit(s) shall be obtained within one year from the date of
this public hearing. The modon was duly seconded. Members Schwob, Johnson. Stuart, and
Moran voted MAyen; Member Jonnatti voted "Nay. n Motion carried.
ITEM #0 ~ Land Develooment Code Amendments ~ None
ITEM HE - Aooroval of Minutes
Member Stuart referred to page 6, paragraph 2, sentence 4 and noted the word
Umeeting'" should read Ucase. n
Member Johnson moved to approve the minutes of the regular meetings of February
12, 1998, as corrected. The motion was duly seconded and carried unanimously.
ITEM #F ~ Election of Officers
Member Stuart moved to close the nominations and to appoint Vice~Chair Schwob
as,Chair and Member Johnson as Vice~Chair. The motion was duly seconded and carried
unanimously.
ITEM HG ~ Board & Staff Comments
v
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,~ ' Member Moran expressed concern testimony regarding the current location of a
. '," pawn shop discussed at the February 12, 1998, meeting was not clear. The majority
agreed their votes had not been affected by this mix-up. It was recommended future
applicants be required to provide exact addresses during presentations.
G 1) Proposed Procedural Changes
Assistant City Attorney Leslie Dougall-Sides said it is not required to read the
procedures prior to each meeting. It was noted most citizens who appear before the board
are unfamiliar with proceedings and need help. It was suggested the procedures could be
provided in written form. The majority agreed the Chair should read a shortened opening
statement as Vjce~Chair Schwob had suggested. .
Ms. Dougall~Sjdes said when an item is introduced, reading the legal description
aloud is not required. Consensus was to read the property address only when an item is
introduced.
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Concern was expressed the inv'ocation may be offensive to non-Christians. It was
noted the City, Commission offers an invocation. In response to a question, Mr. Richter
reported no complaints had been received regarding the invocation. The majority agreed to
retain the invocation.
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In response to a question, Ms. Dougall-Sides recommer:ded retaining the formality
of the approval process. In case of appeal, a record of the approval process is necessary.
Staff provides DCAB .(Development Code Adjustment Board) with an annual list 9f,
variances approved a~ministratively. Last year, staff approved approximately 20
variances.
Adiournment .
The meeting adjourned at 2:44 p.m.
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Chair f /
Development Code Adjustment Board
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