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))evelopment Code Adjustment Board
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
May 28. 1998.
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Call to Order at 1 :00 p.m., Pledge of Alleg~ance, and (nvocation
ITEM #A - Time Extension Reauests - None.
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ITEM #B - Continued Variance Reauests
81) Doualas M. & Shama L. Paradowski a setback variance of 2 ft. to allow a shed 3 ft.
from the West property line where a minimum setback of 5 ft. is required at 2315 St.
Charles Dr., Morningside Estates Unit 2. Lot 221, zoned RS 8 (Single Family Residential).
V 98-4.Q
ACTION: Denied.
82) Scott & Ruth Hale/Lee International. Inc. for the following (1) a setback variance of
10ft. to allow a monopole tower 50 ft. from the East side property line where a minimum
setback of 60 ft. is required; (2) a height variance of 70 ft. to allow a monopole tower 1 20
ft. high where a maximum height of 50 ft. is permitted; and (3) a height variance of 2 ft.
to allow fence 8 ft. high where a maximum height of 6 ft. is permitted at 1496 BeUaair Rd.
(ProDosed), See 23-29-15', M&B 33.05, zoned CG (General Commercial). V 98-39
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ACTION: Continued to June 11, 1998.
ITEM lie - New Variance Reauests - None.
ITEM #0 - Land Develooment Code Amendments - None
ITEM HE - Aooroval of Minutes - May 14, 1998 - Continued
ITEM #F - Board & Staff Comments - Discussion.
Adiournment - 2:13 p.m.
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DEVELOPMENT CODE ADJUSTMENT BOARD MEETING
CITY OF CLEARWATER
May 28, 1998
Present:
William Schwob
Mark Jonnatti
Ron Stuart
Shirley Moran
Leslie Dougall-Sides
John Richter
Patricia O. Sullivan
Chair
Board Member
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
Absent:
William Johnson
Vice. Chair
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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.
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ITEM /fB - Continued Variance Reauests
B1) Douatas M. & Shama l. ParadowskI a setback variance of 2 ft. to allow a shed 3 ft.
from the West property line where a minimum setback of 5 ft. is required at 2315 St.
Charles Dr., Morningside Estates Unit 2, Lot 221, zoned RS 8 (Single Family Residential).
V 98-40
A 48-square foot storage shed was placed, without a permit, in the side yard setback
on the home's West side. On May 14, 1998, the DCAB (Development Code Adjustment
Board) continued this application, requesting staff: 1) identify sheds in Morningside inconsistent
with setback standards, 2) contact the homeowners' association regarding its position on this
issue; and 3) determine how moving the shed would affect open space requirements. Staff
recommends denial of the request as the applicant has not met all standards for approval.
Senior Planner John Richter said the shed crowds the adjoining property. He
recommended against establishing an undesirable precedent. Staff had contacted 2 members
of the homeowners' association who recommended addressing the issue through deed
restrictions. Mr. Richter said staff would approve the 0.05% open space variance necessary to
locate the shed in the back yard. Building Administrator Vie Ch6dora reported the City does
not have enough staff to perform a door-towdoor survey of sheds in Morningside Estates. He
expressed concern this type of survey could result in selective code enforcement. City policy is
to respond to complaints. In response to a question, he said City policy is to grandfather out-
of-compliance sheds that appear to be at feast 5-years old.
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In response to a question, Mr. Richter said the shed probably violates the homeowners'
association's deed restrictions. The slab under the shed impacts the property's open space. If
the slab is removed, the property's open space would no longer be an issue. The homeowners'
association members did not indicate if the association would address this issue.
Douglas Paradowski, owner, submitted a petition, signed by 1 2 neighbors, in support of
the variance. He said he was cited for constructing a shed without a permit, not for violating
the setback. He said photographs he had submitted of sheds at the May 14, 1998, meeting,
were not meant to punish his neighbors. He submitted 6 additional photographs of his shed
and other sheds located in setbacks. It was noted the survey was suggested to determine the
level of neighborhood nan-compliance, not to punish. In response to a question, Mr. Richter
said the City does not require permits for sheds smaller than 100-square feet. In response to a
question, Assistant City Attorney Leslie Dougall-Sides said the City had issued a Stop Work
Order. Mr. Paradowski was not cited for locating a structure in the setback, pending outcome
of this variance application. Slabs less than 12-inches tall are not considered structures. In
addition to the petition, no other support or opposition was expressed.
Mr. Paradowski said the requested variance is small. He said the homeowners'
association is working to update many deed restrictions and has taken no action regarding the
shed. It was felt deed restrictions are not relevant. It was noted staff had indicated the shed
could be moved to the back yard even though the property owner opposes that suggestion as
stored items may be dangerous to children.
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. '" Disappointment was noted that staff had been unable to survey the neighborhood to
identify sheds in violation of setback restrictions and had not obtained more information from
the homeowners' association. It was felt the homeowners' association should address this
issue. Concern was expressed this homeowner may be forced to comply with rules his
neighbors ignore. It was recommended staff relate information on setback restrictions when
answering inquiries regarding sheds. Ms. Dougall-Sides reviewed City policy for complaints and
indicated the complaint had been filed anonymously. It was questioned if one complaint should
outweigh a list of supporting signatories. Ms. Dougall-Sides stated the City could be charged
with selective enforcement if it did not respond to every complaint.
Member Jonnatti moved to deny the requested variance because the applicant has not
substantially met all standards for approval as listed in Section 45.24 of the Land
Development Code. The motion was duly seconded. Members Jonnatti and Moran and
Chair Schwab voted "Aye"; Member Stuart voted "Nay." Motion carried.
82) Scott & Ruth Hale/LCC International. Inc. for the following (1) a setback variance of
10ft. to allow a monopole tower 50 ft. from the East side property line where a minimum
setback of 60 ft. is required; (2) a height variance of 70 ft. to allow a monopole tower 1 20
ft. high where a maximum height of 50 ft. is permitted; and (3) a height variance of 2 ft.
to allow fence 8 ft. high where a maximum height of 6 ft. is permitted at 1496 Belleair Rd.
(ProDosed), See 23~29-15, M&B 33.05, zoned CG (General Commercial). V 98-39
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This property is undeveloped. Three variances are requested to construct a 120~foot
monopole telecommunications tower. Staff feels the tower will have a visual impact on the
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City and pose safety concerns during high winds. Staff requests that the applicant submit
documentation clearly supporting the need for a tower at this location, including the requested
height, a description of coverage that can be provided if existing towers are utilized, and
construction details to ensure adequate safeguards for the public, including construction plans,
description of the wind load capacity and fall zone, and identification of radiation levels.
Jane Kelly, Representative, indicated representatives of LCC International and
BellSouth Mobility had met with staff to discuss alternative locations. She also reviewed
Federal regulations regarding this issue. In response to DCAB's request, representatives
had contacted local residents who indicated they were unwilling to meet as a group. Ms.
Kelly requested this item be continued to June 11, 1998. Negotiations are underway with
FOOT (Florida Department of Transportation) to collocate the subject telecommunication
equipment on FOOT's Young Avenue tower. Negotiations are taking longer than
anticipated. Ms. Dougall-Sides said on June 4, 1998, the City Commission will consider a
resolution that addresses this matter. It is difficult to predict how long before the issue is
resolved.
In response to a question, Ms. Kelly was unsure how feasible it would be to place
this equipment on a Florida Power transmission tower in the public right-ot-way. Kahled
Juma said if the company's equipment is located farther than 20 teet from the bottom of
the pole, loss of signal will occur. In response to a question, Ms. Dougall-Sides said a
variance will not be necessary if collocation on the Young Avenue tower is negotiated
successfully.
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Steven Murphy, neighbor, expressed concern regarding delays as he takes time off
from work to attend these meetings. Ms. Dougall-Sides indicated the City must abide by
requirements included in the 1996 telecommunications act. As the applicant has agreed
to the continuation, the City is not in violation of the act. Mr. Murphy expressed concern
the proposed tower will affect his equipment. He cannot attend the next meeting. In
response to a question, Ms. Kelly said the 2 area churches contacted were not interested
in locating telecommunications equipment on their steeples.
Member Moran moved to continue Item #B2 to June 11, 1998. The motion was
duly seconded. Members Stuart and Moran and Chair Schwab voted "Aye"; Member
Jonnatti voted "Nay." Motion carried.
It was requested neighbors be contacted if the issue is resolved before the next
meeting. Mr. Richter recommended interested parties call the Central Permitting
Department on the morning of the meeting. Rufus King recommended the tower be
located on the Taylor property in Largo.
ITEM #C - New Variance Reauests - None.
ITEM #0 - Land Develooment Code Amendments - None
ITEM HE - Aooroval of Minutes
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Chair
Development Code Adjustment Board
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Approval of the minutes of the regular meeting of May 14, 1998, to be considered
on June 11, 1998.
ITEM #F - Board & Staff Comments
Member Stuart requested an electrical engineer verify the minimum distance
necessary between the base of a tower and essential telecommunication equipment.
Member Stuart felt the board's request for information regarding Item #81 was
handled poorly by staff. He said it is not necessary to knock on doors to gather
information regarding backyard sheds. It was suggested staff could have driven through
the neighborhood and gathered some information.
Ms. Dougall-Sides reported neighbors had appealed the separation variation
approved for Marie Curry's ACLF. She will report on the outcome of the case to be heard
by a Hearing Officer on June 10, 1998. .
Mr. Richter said a height variance had been processed more than a year ago for a
tower that is part of a soil remediation effort behind a gasoline station.
Member Moran questioned when the board would receive a draft of the new Land
Development Code. Ms. Dougall-Sides said the outline has been distributed. It is expected
that drafts of code sections will be completed soon.
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I. A ,ournment
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The meeting adjourned at 2: 1 3 p.m.
Attest: '
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Board Reporter ~c
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