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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
March 12, 1998
Call to Order at 1 :00 p.m., Pledge of Allegiance, and Invocation
ITEM #A - Time Extension Reauests - None.
ITEM #8 - Continued Variance Reauest~
B1} (Cont'd from 02/26/98) 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 Industrial).
V 98-20
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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
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: and 3) prior to approval of a final inspection for the
carports, landscaping shall be provided in the 5-foot area between the carports and the
Calumet Street right-of-way.
ITEM HC - New Variance Recuests
C1) Aida D.egan & Eva Krltikos for a setback variance of 17 ft. to allow a detached garage
8 ft. from the Jewel Street right-of-way where a minimum of 25 ft. is required at 729
Mandalav Avenue, Mandalay Sub, Blk 13, Lot 8, zoned RS 8 (Single Family Residential). V
98-22
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 applicanfs 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
C2) Republic Bank for the following variances (1) a setback variance of 41 ft. to allow a
proposed canopy 9 ft. from the North side property line where a minimum setback of 50
ft. is required and (2) a setback variance of 34 ft. to allow a proposed canopy 41 ft. from
the Highland Avenue right-of-way where a minimum setback of 75 ft. is required at 1lll
N. Hiahland Avenue, Sec 2-15-29, M&B 31.05, zoned CC (Commercial Center). V 98-23
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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
adc03a98 1 03/12/98
ITEM HE - Aooroval of Minutes - February 26, 1998 - Approved
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other documents submitted in support of the appllcanes 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; and 3) prior to approval of a final inspection, landscaping
'shall be installed on the North side of the canopy to soften the encroachment into the side
setback.
C3) $andkov Associates Limited PartnershlD (Sheraton Sand key Resort) for a height
variance of 2.83 ft. to allow a wall/fence 5.33 ft. high within the setback area from the
Gulf Boulevard right-of-way where a maximum height of 2.5 ft. is allowed at 1160 Gulf
Boulevard, Sec 17-29-15, M&B 33.01, zoned CR 28 (Resort Commercial) V 98-24
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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
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; and 3) within 60 days after installation of the screen
wall, a landscape buffer shall be planted between the wall and the Gulf Boulevard right-ot-way.
The buffer shall consist of shrubs at least 18-inches in height at the time of planting. The
buffer,shall extend along the length of the wall. 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 variance.
ITEM #0 - Land Develooment Code Amendments - None
ITEM ifF ~ Board & Staff Comments ~ Discussion.
Adjournment - 1 :39 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD MEETING
CITY OF CLEARWATER
March 12, 1998
Present:
William Schwab
William Johnson
Mark Jonnatt;
Ron Stuart
Shirley Moran
Leslie Dougall-Sides
John Richter
Patricia O. Sullivan
Chair
Vice-Chair
Board Member
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
The 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 Reauests - None.
ITEM #8 . Continued Variance Reauests
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B1) (Cont'd from 02/26/98) Instrument Transformers. Inc. for a setback variance of 4 ft.
to allow a proposed carport 16 ft from the Calumet Street right-ot-way where 20 ft. is
required at 1925 Calumet Street, See 01-29-15, M&B 34:15, zoned IL (Limited Industria!).
V 98-20
This property is compactly developed with an industrial building. The property owner
proposes to construct a carport on the North side of the building. Senior Planner John Richter
said the carport would provide 6 new parking spaces. Little parking is available near this
building. The main parking lot is approximately 500-feet South. Staff had opposed the
company's original plan and worked together on this proposal, which staff supports.
Applicant Bill Johnson said open space on the property was used to meet retention
and drainage needs. He expressed concern company engineers currently park 500 feet
from their jobs in this building. No other support or opposition was expressed.
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
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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 ot this
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public hearing; and 3) prior to approval at a final inspection for the carports, landscaping
shall be provided in the 5Mfoot area between the carports and the Calumet Street right~of-
way. The motion was duly seconded and carried unanimously.
ITEM HC M New Variance Reaue~ts
C 1) Aide Degan & Eva Kritikos for a setback variance of 17ft. to allow a detached garage
8 ft. from the Jewel Street right-at-way where a minimum of 25 ft. is required at 729
Mandaluv Avenue, Mandalay Sub, Blk 13, lot a, zoned RS a (Single Family Residential).
V 98-22 '
This property is developed with a single family home. The owners propose to replace
the carport with a detached garage on the home's East side. The garage will be within the
Jewel Street setback area. Where a 25-foot setback is required, the garage will be a-feet from
the right-at-way.
Staff feels conditions support approval. This corner lot is modestly sized and irregularly
shaped. The North and West sides of the lot front public streets with 25-foot setback
requirements. The size, shape, and setback requirements of the property make it difficult to
construct a garage. The proposed location is the best alternative as the garage will not
significantly impact properties which abut Jewel Street. Jewel Street, only 250-feet in length,
has no homes fronting on it. Approval will not alte'r this neighborhood's character. Mr. Richter
noted the 25-foot setbacks consume at least half of the property.
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Aida Degan, applicant, said he wants to build a 2-car garage to store his boat, car,
lawn furniture, bicycles, and lawn mower. In response to a question, he disagreed with
Sandy Britton's March 5, letter of opposition. He did not think the planned garage would
interfere with pedestrians or vehicles. He plans to use the garage for storage, not for an
apartment. Besides Ms. Britton's letter of opposition, no other support or opposition was
expressed. It was noted a carport is already there. The City's Traffic Engineer had expressed
no concerns regarding the proposal.
Member Moran 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 J 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 motion was duly seconded and carried unanimously.
C2) ReDubUc Bank for the following variances (1) a setback variance of 41 ft. to allow a
proposed canopy 9 ft. from the North side property line where a minimum setback of 50
ft. is required and (2) a setback variance of 34 ft. to allow a proposed canopy 41 ft. from
the Highland Avenue right-of-way where a minimum setback of 75 ft. is required at 1831
N. HJghland Avenue, See 2-15-29, M&B 31.05, zoned CC (Commercial Center). V 98-23
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This property is developed with a bank. The applicant proposes to expand the drive-in
facility on the bank's North side from one to two lanes and extend the overhead canopy to
shelter the new lane. Variances are requested: 1) where a 50-foot setback is required, a 41-
foot variance is requested to allow the canopy 9.feet from the North property line and 2)
where a 75-foot setback is required, a 34-foot variance is requested to allow the canopy
41-feet from the Highland Avenue right~of-way.
Staff feels conditions support approval. Extension of the canopy will not adversely
affect spatial relationships in the area. A driveway on the property's North side separates
the bank from the property to the North and provides access to the shopping center to the
'East. The proposed 9-foot side setback will provide ample separation between the bank
and the use to the North. In the front, the canopy will align with the existing canopy and
be positioned behind the front of the bank. The effect of the variances will be minimal.
In response to a question, Mr. Richter said the large setbacks are determined by the
shopping center zoning. With side setbacks of 100 feet, construction is limited to only 50
feet of the lot. It was felt zoning of this parcel is incorrect. In response to a question, Mr.
Richter said the parcel has separate metes and bounds but ;s not platted separately.
Tom Corbett, representative, said the bank plans to move the ATM to the side of
the building for customer safety. He said the proposed lane may be used as a second
driveway when the ATM is being serviced. No other support or opposition was expressed.
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Member Johnson moved to grant' the variance as requested because the applicants
have substantially met all standards for approval as fisted 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 variancs'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; and 3) prior to approval of a final inspection, landscaping shall be installed on
the North side of the canopy to soften the encroachment into the side setback. The motion
was duly seconded and carried unanimously.
C3) Sandkev Associates Limited PartnershiD (Sheraton Sandkey Resort) for a height
variance of 2.83 ft. to allow a wall/fence 5.33 ft. high within the setback area from the
Gulf Boulevard right-of-way where a maximum height of 2.5 ft. is allowed at 1160 Gulf
blvd., See 17~29~15, M&B 33.01, zoned CR 28 (Resort Commercial) V 98-24
This property is developed with the Sheraton Sand Key Resort Hotel. The applicant
proposes to construct a screen wall along the front of the property within the setback area
from the Gulf Boulevard right-at-way. Fences and walls cannot exceed 2.5-feet in height
within the setback area. A 2.83-feet variance is requested to allow a 5.33-foot high screen
wall.
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Staff feels conditions support approval. The screen wall will be attractively designed
with mostly open construction and will not substantially restrict visibility. A decorative feature
at the main entrance is planned. The screen wall will be at least 5-1eet from the right-of-way,
allowing landscaping along Gulf Boulevard. Approval will not adversely affect neighboring
properties or the City.
Dixie Walker, architect, said the extensive interior and exterior renovations are almost
complete. He distributed an artist's rendering of the planned renovations. The proposed fence
will not infringe on views of the Gulf. Russ Kimball, Sheraton Sand Key General Manager. said
the resort is investing $1-million to update the building's exterior with a Mediterranean design.
The 3rd phase will create a tree-lined boulevard to a portico. The fence is designed to
complement the hotel and new development next door to the South. Railings on the fence will
match the resort's balconies. Mr. Kimball submitted letters of support from J. Mike Cheezem,
of JMC Communities, and Eddie Amsel, President of the Sand Key Civic Association.
In response to a question, Mr. Kimball said the fence was designed for aesthetics, not
security. The fence should block the view of parked cars from vehicles on Gulf Boulevard.
Most landscaping will be installed on the hotel side of the fence. The fence will extend to the
resort's property line. The abutting property is required to maintain a beach access on its North
end. In addition to the two letters submitted, no other support or opposition was expressed.
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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; and 3) within 60 days after installation of the screen wall, a landscape buffer
shall be planted between the wall and the Gulf Boulevard right-of-way. The buffer shall consist
of shrubs at least 18-inches in height at the time of planting. The buffer shall extend along the
length of the waif. 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 variance. The motion was duly seconded and
carried unanimously.
ITEM #0 - Land Develooment Code Amendments - None
ITEM HE - Aooroval of Minutes
Member Johnson moved to approve the minutes of the regular meeting of February
26, 199B, as recorded and submitted jn written summation to each board member. The
motion was duly seconded and carried unanimously.
ITEM #F M Board & Staff Comments
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739 Harbo'r Island
, Mr. Richter said the board had requested staff to review new construction at 739
Harbor Island for compliance with code. Mr; Richter reported the project currently does
not meet open space roquirements. Where 45% open space is required, the project has
only 41.5% open space. The property owner must bring construction into conformance or
apply for a variance. He said there is time to correct this oversight.
Don Pablos - VR 98-12
Assistant City Attorney Leslie Dougall-Sides noted Bay Aristocrat residents had fired
a notice of appeal regarding the parking variance previously approved by the board for a
new Don Pablos restaurant on US 19N. The hearing is scheduled for May 8, 1998. ,
Meeting' Procedures
Consensus was for the Chair to continue reading the amended commentary and
review of proc~dures.
Adiournment
The'meeting adjourned at 1 :39 p.m.
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Chair , ;'
Development Code Adjustment Board
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
March 26, 1998
Call to Order at 1 :00 p.m., Pledge of Allegiance, and Invocation
ITEM #A - Time Extension ReQuests - None.
ITEM #8 - Continued Variance Reauests - None.
ITEM DC - New Variance Reauests
C1) Diane F. Heve for the following variances (1 t a height variance of 2.8 ft to allow a wall
5.3 ft high within the setback area from the Druid Road South right-at-way where a
maximum height at 2.5 ft is allowed; (2) a setback variance of 3 ft to allow a wall zero ft
from a street right-of~way (Druid Road Southl; and (31 a landscape buffer variance to allow
a wall with no landscaping adjacent to a street right-at-way (Druid Road Southt at 902
Druid Rd. S., Harbor Oaks, Lot F and submerged land, zoned RS 2 (Single Family
'Residential). V 98-25
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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
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; and 3) to protect the large oak tree, prior to any
construction within the critical root zone of the tree, the applicant shall consult with an
arborist or the City's Urban Forester.
C2) Lois A. Forgaes a height variance of 3.5 ft to allow a fence 6 ft high within the setback
area from the Regal Road right-of-way where a maximum height of 2.5 ft is allowed at
1400 ReQal Rd., Solar Crest, Lot 1, zoned RS 8 (Single Family ResidentiaU.
V 98-26
ACTION: Granted as requested subject to conditions: 1) variance based on variance
application and documents submitted by applicant, inclu,ding 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.
C3) l. Aubrev & Iris R. Griffin for a setback variance of 1.9 ft to allow a room addition 8.1
ft from the West side property line where a minimum setback of 10ft is required at 3310
San Bernadino St., Delara Groves, Lots 413 & 414 and part of Lots 41 2 & 41 5, zoned RS '
4 (Single Family Residential). V 98-27
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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
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 21 requisite building permit(sl shall be obtained within one
year from the date of this public hearing.
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C4) John L. & Carolvn J. Hamm, Jr. for a setback variance of 12.67 ft to allow a new
single family home 12.33 ft from the CR 193 right.of-way where a minimum setback of 25
ft is required at 1850 Castle Woods Dr., Castle Woods Sub, Lot 17, zoned RS 6 (Single
Family Residential). V 98-28
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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
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; and 3) prior to issuance of a certificate of occupancy
for the home, shrubs shall be planted along the length of the south side of the garage to
soften its encroachment into the setback.
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C5) Douglas J. Weiland & Elizabeth C. Sirna a height variance of 3.5 ft to allow a fence 6
ft high within the setback area from the landmark Drive right-of-way where a maximum
height of 2.5 ft is allowed at 3273 landmark Dr., Geiger Tract, Lots 3 & 4, zoned RS 4
(Single Family Residential). V 98-29
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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
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.
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C6) Glenn A. & Mariorie A. Harkrader for the following variances (1) a height variance of
3.5 ft to allow a fence 6 ft high within the setback area from the Howard Street right-ot-
way where a maximum height of 2.5 ft is allowed; and (2) a fence setback variance from a
street right-of-way at 1650 S. Jefferson Ave., Sail's Sub, Blk G, Lot 18, zoned RS 8
(Single Family Residential). V 98-30
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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
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 permitls) shall be obtained within one year
adc03a98 2 03/12/98
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from the date of this public hearing; and 3) within 60 days, 0 landscape buffer shall be
planted on the outside of the fence parallel to the Howard 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
solid screen at maturity, broken only at the driveway. 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.
C7) Systems Realty CorDoration for the following variances (1) a setback variance of 7 ft
to allow a second floor addition 18 ft from the Bay Esplanade right-of-way where a
minimum of 25 ft is required; (2) a setback variance of 25 ft to allow a second floor
addition zero ft from the Somerset Street right-of-way where a minimum of 25 ft is
required; (3t a lot width variance of 40 ft to allow a width of 110ft where a minimum of
150 ft is,required; (4) a lot depth variance of 15 ft to allow a depth of 85 ft where a
minimum of 100 ft is required; and (5) a lot area variance of 5,063 sq ft to allow an area of
9,037 sq ft where a minimum of 15,000 sq ft is required at 692 Bav Esplanade, Mandalay
Unit No. 5 Replat, Blk 83, Lot 1 and part of Lot 2, zoned RM 20 (Multiple Family
Residential). V 98-32
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ACTION: Granted as requested subject to conditions: 1 t 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 roquest. 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 the issuance of a building permit, the
applicant shall contact Central Permitting staff to review tropical seascape design criteria
proposed for Clearwater Beach; and 4) no additional units shall be added. The stairway to
the second story shall remain interior to the unit below as shown on the plan.
CB) Robert W. Bvrd & Winfred L. Bailey (Arthritis Pain Treatment Center of Clearwater) for
a parking variance of 1 2 additional parking spaces to allow 0 additional parking spaces
where 12 additional parking spaces are required to permit a change of use at 712 Grand
Central St., Milton Park, Blk 4, part of Lots 10, 11 & 12, zoned IL (Limited Industrial) and
OL (Limited Office). V 98-33
ACTlON: Granted as requested subject to conditions: l' 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.
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C9) Maria A. Curry for the following variances (1) a separation variance of 480 1t to allow
a Group Care level I Living Facility 20 ft from a single family residential zone; and (2) a
separation variance of 460 ft to allow a Group Care Levell Living Facility 740 ft from an
existing Family Care Living Facility at 1823 - 1827 East Dr., Quail Run, Lot 13, zoned RM 8
IMultiple Family Residential). V 98-31
adc03a98 3 03/12/98
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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
other documents submitted in support of the applicantts 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; and 3) within 60 days after issuance of the
occupational license, iandscaping shall be installed along East Drive and on the perimeter of
the parking lot. 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
landscaping In a healthy condition shall void the variances.
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ITEM #0 - land Develooment Code Amendments ~ None
" ITEM HE - Aooroval of Minutes - March 12, 1998 - Approved
ITEM #F - Board & Staff Comments - Discussion.
Adjournment - 3:05 p.m.
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03/12/98
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