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"" I, : " , " ',' -., , , DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA CITY OF CLEARWATER April 23, 1998 Call to Order at 1 :00 p.m., Pledge of Allegiance, and Invocation ITEM #A - Time Extension ReQuests - None. ITEM #B - Continued Variance Reauests - None. ITEM #C - New Variance Reauests C1} United States Tr. Co. Fl. TRE/John S. Ricciardi Trust for a structural setback variance of 78 feet to allow a pool and deck to extend 78 feet seaward of the Coastal Construction Control Une where no structure seaward of the control line is allowed at 1192 Mandalay Point R., Mandalay Point Sub.. Lots 25 and 25A, and parts of Lots 24, 24A, 26, and 26A, together with unplatted land to the west of said allots, zoned AS 4 {Single Family Residential) OS/R (Open Space/Recreation). V 98-36 (:l '.~.... .,.t ACTION: Granted as requested subject to 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 shall be obtained within one year and 3) applicant shall obtain requisite FOEP (Florida Department of Environmental Protection) permit. The motion was duly seconded and carried unanimously. C2} Roy N. & Tanya S. Basmaci for a height variance of 2 feet to allow a fence 6 feet high within the setback area from the Jasmine Way right-of-way where a maximum height of 4 feet is permitted at 1430 Jasmine Way, Parkwood Sub. Replat, Blk B, Lot 8, zoned RS 8 (Single Family Residential). V 98-37 ACTION: Granted as requested subject to conditions: 1) variance based on 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 as modified by the applicant at the hearing. 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 shall be obtained within one year; 3) the chain link fence shall have no gate larger than 36-inches wide; 4) the landscape hedge shall be maintained and extended to surround the fence; 5) fence to extend no farther South than necessary to enclose the northernmost window on the home's East side; and 6) fenced area not to be used for boat storage. ,~ C3) Branch Sunset Associations. L TO, lP (Sunset Point Nineteen Shopping Center) for the following variances {11 a setback variance of 3.25 feet to allow new facade treatment adc0498 1 04/23/98 " " " . ')'", ,', , , " ,;, ~'d.~'.'. .i :':\' '(ij:,::, ,c ,: ,',' . . ., J> .'. 1', , \",:,.,.. , ;" ~ ,...cr,i. 46.75 feet from the rea,r property line where a minimum setback of 50 feet is required; and (2) a setback variance of 54.8 feet to allow new facade treatment 20.2 feet from the Sunset Point Road right-of-way where a minimum setback of 75 feet is required at 23674 U.S. 19 N, Blackburn's Sub, part of Lots 1 and 12, lying South of SR 588 and North of CR 50, together with Sec 06-29-16, M&B 41.02, zoned CC (Commercial Center) and CH (Highway Commercial). V 98-38 " ACTION: Granted as requested subject to 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 shall be obtained within one year; and 3) prior to approval of a final 'inspection, the 2 trees adjacent to the eye wear store shall be replaced. ITEM #0 - land Development Code Amendments - None ITEM #E - Aooroval of Minutes - April 9, 1998 - Approved ITEM #F - Board & Staff Comments - Discussion Adiournment - 2:00 p.m; ;.,~ '.'~ , \ ' ,::) adc0498 2' 04/23/98 , . " M.' . . ". ,< ''OJ, .' > " ,')', :~r :1:..::I<~,tt'" ,',' .,..,".. ~ DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER Aprll 23, 1998 Present: William Schwab William Johnson Mark Jonnatti Ron Stuart Leslie Dougall-Sides John Richter Patricia O. Sullivan Chair Vice-Chair Board Member Board Member Assistant City Attorney Senior Planner Board Reporter , Absent: Shirley Moran Board Member 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 thot order. ITEM hA - Time Extension Reouests - None. ,r& V~l~'::~ ll;.."'(~" ITEM #8 - Continued Variance Reouests - None. ITEM hC . New Variance Reouests C1) United States Tr. Co. FI. TRE/John S. Ricciardi Trust for a structural setback variance of 78 feet to allow a pool and deck to extend 78 feet seaward of the Coastal Construction Control Line where no structure seaward of the control line is allowed at 1192 Mandalav Point R., Mandalay Point Sub., Lots 25 and 25A, and parts of Lots 24, 24A, 26, and 26A, together with unplatted land to the west of said al lots, zoned RS 4 (Single Family Residential) OS/R (Open Space/Recreation). V 98-36 This property is developed with a single family home. The owner wishes to construct a swimming pool and deck, elevated approximately 8-feet above grade, seaward of the CCCL (Coastal Construction Control Line). Staff feels conditions favor approval. Development seawa'rd of the CCCL is restricted to safeguard the public in the event of a severe storm. The Building Official does not indicate any objection to the requested variance. Senior Planner John Richter reported DCAB (Development Code Adjustment Board) had approved this request previously. He suggested an added condition require the applicant to obtain the required permit from FDEP (Florida Department of Environmental Protection). In response to a question, Mr. Richter said an anticipated adjustment of the CCCL has not been determined and will not affect this construction. J mdc04b98 1 04/23/98 ~ Tim Johnson, Representative, said the project was delayed due to the lengthy FDEP permitting process and could not meet the 1-year deadline to obtain the building permit. The FDEP permit has been granted. The original design and variance request are unchanged. No support or opposition was expressed Member Jonnatt; moved to grant the variances 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) 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 shall be obtained within one year and 3} applicant shall obtain requisite FDEP (Florida Department of Environmental Protection) permit. The motion was duly seconded and carried unanimously. C2) Roy N. & Tanva S. Basmaci for a height variance of 2 feet to allow a fence 6 feet high within the setback area from the Jasmine Way right-of-way where a maximum height of 4 feet is permitted at 1430 Jasmine Way, Parkwood Sub. Replat, Blk B, Lot 8, zoned RS 8 (Single Family Residential). V 98-37 Ii", It ',. , t"-.(\ . ~:~~:i This property is developed with a single family home. In the application, the owner proposed to install a 6-foot wood fence in the Jasmine Way setback to enclose the area on the home's East side to protect a boat from being vandalized again. According to police reports, the boat is too long to be stored in a street setback. Staff recommended against approval. As the neighborhood has no similarly-situated fences, the one proposed would be aut of character. In response to a question, Mr. Richter said the subject boat currently is not stored an the property. He had relied on Police reports for the boat's description. Ray Basmaci said Mark Madison was authorized to speak on his behalf. Mr. Madison said the applicant's intent had been misconstrued when the application was completed with staff's help. He said the boat is in a marina. He said the variance will allow reasonable development of the lot and provide a protected play area far a child. He said the property's rear is of substandard size and is developed with a pool and screened room. The proposed fence would enclose the only place a play area can be established. He said a 6~foot fence is requested due to mitigating circumstances related to increased neighborhood crime which has frightened Mrs. Basmaci. He said the fence will protect the house' s "blind~side" and nursery window. He said denial of the request would cause hardship by denying the reasonable and secure use of the property. Mr. Madison submitted photographs of the property and 5 letters of support from neighbors. He indicated the request IS for a 6-foot chain-link fence. Access to this area will be via a gate in the wood fence surrounding the swimming pool. In response to a question, Mr. Basmaci indicated the viburnum hedge will remain. Concern was expressed the request does not match the drawing submitted with the original application and differs significantly from the application. Mr. Richter said if the amended request is approved, he will prepare appropriate staff recommendations. Assistant ~ mdc04b98 2 04/23/98 '~ City Attorney Leslie Dougall~Sides suggested conditions could tie approval to the amended request. In response to questions, Mr. Basmaci said the boat Is stored at Marco Island Marina. He said the front yards of neighbors who wrote the tetters face the proposed fence. Discussion ensued regarding landscaping, boat storage, and changes to the request. No other support or opposition was expressed . Member Johnson moved to grant the variances 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 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 as modified by the applicant at the hearing. 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 shall be obtained within one year; 3) the chain link fence shall have no gate larger than 36-inches wide; 4) the landscape hedge shall be maintained and extended to surround the fence; and 5) fence to extend no farther South than necessary to enclose the northernmost window on the home's East side The motion was duly seconded. It was recommended a condition indicate the fenced area shall not be used for boat storage. (.!B~a \.::~' Member Johnson amended the motion to add a condition stating, "the fenced area shall not be used for boat storage." The seconder agreed Upon the vote being taken, the amended motion carried unanimously. C3) Branch SUnset Associations, l TO, lP (Sunset Point Nineteen Shopping Center) for the following variances (1) a setback variance of 3.25 feet to allow new facade treatment 46.75 feet from the rear property line where a minimum setback of 50 feet is required; and (21 a setback variance of 54.8 feet to allow new facade treatment 20.2 feet from the Sunset Point Road right-of-way where a minimum setback of 75 feet is required at 23674 U.S. 19 N, Blackburn's Sub, part of Lots 1 and 12, lying South of SR 588 and North of CR 50, together with Sec 06-29-16, M&B 41.02, zoned CC (Commercial Center) and CH (Highway Commercial). V 98-38 The owner of this property, developed with a shopping center, wishes to construct a new facade, extending the front of the buildings by apprOXimately 2 feet. The center's northern portion is within the Sunset Point Road and West property line setbacks. Staff feels conditions support approval. The facade's extension into setback areas is slight and the upgrade will improve the center's appearance. Mr. Richter suggested an added condition require the applicant to replace 2 trees by the eyewear store. Richard Hartmann, Representative, reviewed work accomplished at the center and the proposed elevations for the North tenant wing where the variances are necessary. He said the changes will have minimum impact. He will contact Mr. Richter regarding the in- kind replacement of the 2 trees. In response to a question, he said changes to the North , . ~ mdc04b98 3 04/23/98 ';. ~. ' ~ tenant wing will not diminish parking or sidewalks. No stores will be enlarged. No support or opposition was expressed. Concern was expressed while common sense supports approval, 2 conditions the board must consider do not support the request. Mr. Richter indicated expected modifications to the land Development Code will result in changes to those conditions. Member Johnson moved to grant the variances 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) 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 shall be obtained within one year; and 3) prior to approval of a final inspection. the 2 trees adjacent to the eye wear store shall be replaced. The motion was duly seconded and carried unanimously. ITEM #0 - land Development Code Amendments - None ITEM #E - Aonroval of Minutes Member Johnson moved to approve the minutes of the regular meeting of April 9, ~"i~ 1998, as recorded and submitted in written summation to each board member. The motion :.~"1f was dUly seconded and carried unanimously. ' ,:) ITEM #F - Board & Staff Comments Consensus was to begin the May 7, 1998 meeting with board introductions again, and to discuss the procedure. It was' recommended that standard procedures require the projection device, Elmo, to be available for all presentations. Adjournment The meeting adjourned at 2:00 p.m. ,~~wnI- Chair Development Code Adjustment Board Attest: ~ ../0: ~ 1H/?"./ cbfJ Board Reporter mdc04b98 4 04/23/98 .,' '.<, ' ". ,. , ',1, , \ '. , , ,