09/24/1998 (2)
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
September 24, 1998
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Call to Order at 1 :00 p.m., Pledge of Allegiance, and Invocation
ITEM #A - TIme Extension Requests - None.
ITEM #B - Continued Variance Reauests
B 11 (Cont'd from 8/27/981 Barbara l. Bennett for the following variances (1) fence height;
(2) fence setback from right-ot-way; and (31 required landscaping at 1784 Thames St.,
Blackshire Estates, Lot 62, zoned RS 8 (Single Family Residential). V 98-64
ACTION: Fence height variance of 2 feet for 6.foot wood fence granted subject to
conditions: 1) variance based on the application, testimony, and documents submitted by the
applicant, including maps, plans, surveys, and other documents in support of the request.
Deviation from any of the documents beyond the scope expressly authorized by the Board in
approval of this variance, will result in this variance being null and of no effect and 21
requisite occupational license shall be obtained within 6 months from the date of the public
hearing.
Fence setback from right-of-way variance and setback landscape variance denied.
. ITEM #C - New Variance Requests
C 11 Mobil Oil Corporation for a variance to the front yard open space requirements at
27050 US 19N, See 30-28.16, M&B 31.01, zoned CH (Highway Commercial). V 98-69
ACTION: Front yard open space variance of 40% granted subject to conditions: 1)
variance based on the application, testimony, and documents submitted by the applicant,
including maps, plans, surveys, and ather documents in support of the request. Deviation
from any of the documents beyond the scope expressly authorized by the Board in approval
of this variance, will result in this variance being null and of no effect; 2) a landscape plan, as
recommended by the City Landscape Architect, shall be submitted and subject to approval by
the City Landscape Architect before a building permit is issued; and 31 requisite occupational
license shall be obtained within 1 year from the date of the public hearing.
ITEM #D - land Development Code Amendments - None.
ITEM #E - Aooroval of Minutes - August 27, 1998 - Approved.
ITEM #F - Board & Staff Comments - Discussion.
Adiournment - 1 :59 p.m.
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Also Present:
Leslie Dougall-Sides
Sandy Glatthorn
Patricia O. Sullivan
Assistant City Attorney
Planning & Dev~lopment Services Manager
Board Reporter
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DEVELOPMENT CODE ADJUSTMENT BOARD MEETING
CITY OF CLEARWATER
September 24, 1998
Present: '
William Schwab
William Johnson
Mark Jonnatti
Ron Stuart
Shirley Moran
Chair
Vice-Chair
Board Member
Board Member
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 that order.
ITEM #A - Time Extension ReQuests - None.
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ITEM #B - Continued'Variance ReQuests
B1) (cont'd from 08/27/9B) Barbara L. Bennett for the following variances (1) fence height;
(2l fence .setback from right-af-way; and (3l required landscaping at 1784 Thames St.,
Blackshire Estates, lot 62, zoned RS 8 ISingle Family Residential). V 98-64
This property is developed with a single family residence and swimming pool on
Thames Street. The County plans to widen Keene Road, the non-addressed street. The
applicant has applied for variances to erect a 6-foot privacy fence in the street setback area
from Keene Road. The 6-foot fence on the abutting single family residential property to the
North has no setback nor landscaping. The applicant proposes to align her fence with the
one next door. The fence will not extend into the front street setback. Staff recommends
approval as existing trees should provide adequate buffer.
Barbara Lynn Bennett, applicant, said she has lived in her house for 25 years. She
said the fence is necessary for protection now that the road is being extended. It was stated
the proposal would extend the current fence line. Concern was expressed a precedent not be
established and problems not be repeated such as the "alley~lookrr that resulted from fences
placed in the landmark Drive setback. No support or opposition was expressed. It was noted
I the position of neighbors' fences is grandfathered and will have to be moved when replaced.
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Ms. Bennett said the required setback will make her fence look ridiculous. It was noted the
setback is necessary to provide adequate space for landscaping. Ms. Bennett said if her
variances are not approved, she will appeal the decision. In response to a question, she did
not wish to continue Item #81 until the next meeting so she could discuss the matter with
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her attorney. It was noted Clearwater motorists prefer to travel scenic corridors rather than
past blank fences.
Member Jonnatti moved to grant a fence height variance of 2 feet for a 6-foot high
wood fence'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
the application, testimony, and documents submitted by the applicant, including maps, plans,
surveys, and other documents in support of the request. Deviation from any of the
documents beyond the scope expressly authorized by the Board in approval of this variancei
will result in this variance being null and of no effect and 2) requisite occupational license
shall be obtained within 6 months from the date of the public hearing. The motion was duly
seconded.
In response to a question, Ms. Glatthorn indicated the board had denied a previous
request for a variance as it related to a front setback. The fences next to the subject
property were built with permits in the mid-1970s before current code was established.
Upon the vote being takeni the motion carried unanimously.
Member Jonnatti moved to deny a fence setback from right-of-way variance and a
setback landscape variance. The motion was duly seconded and carried unanimously.
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Ms. Glatthorn indicated staff will provide necessary information to the applicant's
contractor. It was noted by a board member that mature landscaping will help mitigate road
noise.
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ITEM He - New Variance Requests
C 1) Mobil Oil Corporation for a variance to the front yard open space requirements at
27050 US 19N, See 30-28-16, M&B 31.01, zoned CH (Highway Commercial). V 98-69
The applicant is requesting a variance to the front yard open space requirement as
part of a new retail development. The site previously was developed with a service
station. The applicant proposes to redevelop the site with a retail structure and related
improvements. Landscaping is being coordinated with the City Landscape Architect, who
is recommending minor changes to increase the front yard landscaping. Staff feels it is in
the communityis best interest to provide adequate parking for the new development.
Redevelopment requires flexibility in parking and landscape requirements. The applicant has
reduced the size of the proposed structure by 500-square feet to 8,500-square feet.
Cliff Levy, applicant, said he would prefer to provide 5 parking spaces for each
1 ,OOO~square feet of leasable space. He said it would be a hardship not to have parking in
front of the retail stores. He said a planned buffer will look good. The site will not be used
for gasoline sales. He anticipated the structure will house 2 to 5 tenants. In response to a
questioni Mr. Levy said he did not want to build less than 42 parking spaces. Ms.
Glatthorn requested the board not limit the building's size as staff is working with the
developer. Mr. Levy said he had no problem reducing the structure's size to 8i500-square
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feet. Ms. Glatthorn stated "One City. One Future" encourages increased landscaping. The
City's Landscape Architect mllst approve the landscape plan before a building permit is
issued. It was noted this property Is an outparcel of the new Loew's development. No
support or opposition was expressed.
Member Johnson moved to grant a front yard open space variance of 40 % 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 the application,
testimony, and documents submitted by the applicant, including maps, plans, surveys, and
other documents in support of the request. Deviation from any of the documents beyond the
scope expressly authorized by the Board in approval of this variance, will result in this
variance being null and of no effect; 2) a landscape plan, as recommended by the City
Landscape Architect, shalf be submitted and subject to approval by the City Landscape
Architect before a building permit is issued; and 3) requisite occupational license shall be
obtained within 1 year from the date of the public hearing. The motion was duly seconded
and carried unanimously.
ITEM #0 - land Development Code Amendments - None
ITEM #E - Approval of Minutes
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Member Johnson moved to approve the minutes of the regular meeting of August
27, 1998, as recorded and submitted in written summation to each board member. The
motion was duly seconded and carried unanimously.
ITEM #F - Board & Staff Commp.nts
Assistant City Attorney Leslie Dougall-Sides reported the lCC appeal is scheduled
for October 16, 1998. A permit has been granted for a 50-foot tower which is under
construction at the intersection of Highland and Bel/eair. LCe wants to construct a 1 20~
foot tower. The City Commission has not considered yet an ordinance related to
communications towers. In response to a question, she said the City had advertised
availability on the nearby FOOT IFlorida Department of Transportation) tower but had
received no bids.
This issue was pulled from the new lDC (Land Development Code) for early
consideration. The LDC is scheduled to be presented to the City Commission for Receipt
and Referral on November 5, 1998. Boards will consider the document during workshops.
. The ordinance to implement the LOC is scheduled for consideration in January. The new
LDC will become effective at second reading. Plans are to replace the Development Code
Adjustment Board, Planning & Zoning Board, Historic Preservation Board, Environmental
Advisory Board, and Design Review Board with one 7-member board.
In response to a question, Ms. Dougall-Sides recommended the board cite the
appropriate code section when motioning approval of an item.
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.. :Ms~ Glattt)Orn reported, the Central Permitting' Departm~nt Is now called the Planning
and ,Development Services Administration. .
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AdJournment
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The meeting adjourned at 1 :59 p.m.
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Development Code Adjustment Board
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