11/12/1998 (2)
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ACTION:
Withdrawn
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
November 1 2, 1 998
Call to Order at 1 :00 p.m., Pledge of Allegiance, and Invocation
ITEM A - Time Extension Requests - None.
ITEM B - Continued Variances Reauests - None.
ITEM C- New Variance Requests
1 . Carlouel Garden & Improvement Association. Inc. for a variance to allow the
replacement of an existing fence and gate between 1040 & 1046 S. Eldorado Ave..
Mandalay Sub, 81k 69, Lot 17 and riparian rights, zoned RS 8 ISingle Family
Residential). V 98-75
o
ACTION: Granted subject to conditions: 1) This variance is based on the
application, testimony, and documents submitted by the applicant, including maps,
plarys, siJrv~ys, 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) the
requisite building permit shall be obtained within six (6) months; 3) the applicant
shall provide landscaping on the right-of-way side of the fence along Eldorado
Avenue in accordance with Section 42.27 of the land Development Code and after
submitting a landscape plan for review and approval by staff; and 4} the applicant
shall not utilize a chain link fence at this site along the front of the property.
2. Stan Albro for a variance to allow a 6 foot high masonry fence along the
front of the property at 2432 Sharkey Road, Sec. 07-29-16. M&B 42.08, zoned RM
12 {Multiple Familv ResidentiaH. V 98-76
TO BE WITHDRAWN
3. Amaz Dol Bakiie F.. Nairn B. Be Enveriie Adiullai (The Renaissance on Sand
Key) for variances to allow construction of a residential condominium building with a
zero setback and a proposed height of 235 feet at 1370 Gulf Boulevard, Sec 19-29-
15, M&Bs 14.04, 14,05 & 14.06, zoned CG (General Commercial) & as/R (Open
Space/Recreational). V 98-78 ,NOTE: This item will be delivered separately, or
deferred to the next meeting,
ACTION:
by the applicant.
Continued to the December 10, 1998, meeting, as requested
ITEM 0 - land Development Code Amendments
'>'''''',
' :.....;
ORDINANCE NO. 6348-98 REPEALING THE 1985 LAND DEVELOPMENT
CODE OF THE CITY OF CLEARWATER, FLORIDA, AS AMENDED, AND REPEALING
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ARTICLE VII OF CHAPTER 2, CODE ENFORCEMENT, CHAPTER 20 NUISANCES, OF
SUBPART A OF PART II OF THE CODE OF ORDINANCES; CHAPTER 35 GENERAL
PROVISIONS, CHAPTER 36 ADMINISTRATION AND ENFORCEMENT, CHAPTER 37
ANNEXATION, CHAPTER 38 RESERVED, CHAPTER 39 CODe TEXT
AMENDMENTS, CHAPTER 40 ZONING, CHAPTER 41 SPECIAL LAND USES,
CHAPTER 42 UNIFORM DEVELOPMENT REGULATIONS; CHAPTER 43 SITE PLANS,
CHAPTER 44 SIGNS, CHAPTER 45 VARIANCES, CHAPTER 46 SUBDIVISION AND
CONDOMINIUM PLATTING, OF SUBPART B OF PART II OF THE CODE OF
ORDINANCES, AND REPEALING CHAPTER 50 LAND DISTURBING ACTIVITIES,
SECTIONS 52.01, 52.02, 52.03, 52.04, 52.05, 52.06, 52.07, 52.31, 52.32,
52.33, 52.34, 52.35, 52.36, 52.37, 52.38 OF CHAPTER 52 TREE PROTECTION;
CHAPTER 63 MARINE IMPROVEMENTS; CHAPTER 55 DOWNTOWN PROPERTY
STANDARDS; AND ADOPTING A NEW LAND DEVELOPMENT CODE TO BE
KNOWN AS THE DEVELOPMENT CODE OF THE CITY OF CLEARWATER WHICH ,
. PERTAINS TO THE ESTABLISHMENT OF ZONING DISTRICTS APPLICABLE TO ALL
LAND WITHIN THE CORPORATE LIMITS OF THE CITY, AUTHORIZED USES WITHIN
EACH ZONING DISTRICT, DEVELOPMENT STANDARDS FOR ALL USES,
DEVELOPMENT REVIEW PROCEDURES, REGULATIONS CONCERNING
NONCONFORMITIES, TRANSFER OF DEVELOPMENT RIGHTS, CODE
AMENDMENTS, ZONING ATLAS AND LAND USE PLAN AMENDMENTS;
ESTABLISHMENT OF A COMMUNITY DEVELOPMENT BOARD; RESPONSIBILITIES
OF CODe ENFORCEMENT BOARD AND COMMUNITY DEVELOPMENT BOARD;
NOTICE AND HEARING REQUIREMENTS; THE PROVISION FOR THE
ADMINISTRA TION, INTERPRETATION AND ENFORCEMENT OF THE
DEVELOPMENT CODE; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE PROPER NOTICE OF PROPOSED ENACTMENT AND
TO PROVIDE PENALTIES FOR THE VIOLATION OF THE DEVELOPMENT CODE; AND
PROVIDING AN EFFECTIVE DATE.
ACTION:
Vote was postponed to the December 10, 1998, meeting.
, ITEM E ~ Aporoval of Minutes - October 22, 1998
ACTION:
Approved as submitted,
. ITEM F -Board and Staff Comments
I, Approval of 1999 Meeting Dates
ACTION:
Approved as requested,
2. REQUEST TO RECONSIDER VARIANCES DENIED ON SEPT. 24, 1998 DUE TO
THE DISCOVERY OF NEW INFORMATION AFFECTING THE FENCE LOCATION: Don
McFarland, Attorney, for Lynn Bennett for variances to allow the construction of a 6
foot high wood privacy fence along the property line adjacent to I<eene Road, on
property located at 1784 Thames Street. zoned RS8 (Single Family Residential). V98-
64.
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ACTION:, Approved as requested.
December, 10, 1998"meeting.
The case will be re-heard at the
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
November 12, 1 998
Present:
William Schwab
William Johnson
Mark Jonnatti
Ron Stuart
Shirley Moran
Chair
Vice-Chair
Board Member
Board Member
Board Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Sandy Glattharn Planning Manager
Brenda Moses Board Reporter
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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.
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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 B - Continued Variances Reauests - None.
ITEM C - New Variance Reauests
1. Carlouel Garden & Improvement Association. lnc; for a variance to allow the
replacement of an existing fence and gate between 1040 & 1046 S. Eldorado
Ave.. Mandalay Sub, Blk 69, Lot 17 and riparian rights, zoned RS 8 (Single Family
Residential). V 98-75
The applicant wishes to install a six-foot fence, 3 feet from the eastern
property line, to separate a private beach access area and park which serve
Carlouel Homeowners Association members. The fence will identify the property
as a private beach access. Staff feels no other means to maintain the private
. nature of this park exist. The chain link fence needs repair and does not maintain
the private status of the park and beach access. The City has no record of the
existing fence's construction date. Required landscaping will minimize negative
effects resulting from the increased fence height. Staff recommends approval.
.0
Stewart Halbauer, Carlouel Homeowners Association Chair, said the
association also is requesting to install a landscaped 4-foot chain link fence on the
property's northern perimeter to hide the adjacent garage and for safety reasons.
Bob Derwent stated the chain link fence will match the black wrought iron
currently at the front of the property.
mdclla98
11/12/98
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Ms. Glatthorn reported Item C2 was withdrawn.
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Discussion ensued and it was remarked the landscaping will enhance the
area and eliminate the safety issue.
Member Jonnatti moved to grant a fence height variance to allow
installation of a six-foot fence to be located 3 feet from the eastern property line
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, 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) the requisite building permit shall be obtained within
six (6) months; 3) the applicant shall provide landscaping on the right-of-way side
, of the fence along Eldorado Avenue in accordance with Section 42.27 of the land
Development Code and after submitting a landscape plan for review and approval
, by staff; and 4) the applicant shall not utilize a chain link fence at this site 'along
the front of the property.
In response to a question, Planning Manager Sandy Glcitthorn stated it is
intended the fence will be see-through and decorative.
1:
The motion was duly seconded and carried unanimously.
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2. Stan Albro for a variance to allow a 6 foot high masonry fence along the
front of the property at 2432 Sharkey Road, Sec. 07-29-16, M&B 42.08, zoned
RM 1 2 (Multiple Family Residential). V 98-76
3. Amaz D.. Baklie F.. Neim B. & Enverile Adiullai (The Renaissance on Sand
Key) for variances to allow construction of a residential condominium building with
a zero setback and a proposed height of 235 feet at 1370 Gulf Boulevard, Sec 19-
29-15, M&Bs 14.04, 14.05 & 14.06, zoned CG (General Commercial) & OS/R
(Open Space/Recreational). V 98-78
Ms. Glatthorn reported the applicant had requested a continuance to
December 10, 1998. Staff is meeting with the applicant regarding alternative
plans. Assistant Attorney leslie Dougall-Sides said the application had contained
some deficiencies as she had not yet seen a copy of the application with signatures
of all owners. The submitted survey had contained easement land not owned by
the applicants.
, Member Johnson moved to continue Item C3 to December 10, 1998. The
motion was duly seconded and carried unanimously.
The Chair suggested residents with concerns contact the City Clerk
~ Department on the morning of December 10, 1998, to confirm the case is
mdclla98
2
11/12/98
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agendaed.' Citizens who cannot attend the meeting, can mail comments. It was
stated residents can submit photographs and materials pertinent to the case.
ITEM 0 - land Develooment Code Amendments
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1."'r:":
ORDINANCE NO. 6348-98 REPEALING THE 1985 LAND DEVELOPMENT
CODE OF THE CITY OF CLEARWATER, FLORIDA, AS AMENDED, AND REPEALING
ARTICLE VII OF, CHAPTER 2, CODE ENFORCEMENT, CHAPTER 20 NUISANCES,
OF SUBPART A OF PART II OF THE CODE OF ORDINANCES; CHAPTER 35
GENERAL PROVISIONS, CHAPTER 36 ADMINISTRATION AND ENFORCEMENT,
CHAPTER 37 ANNEXATION, CHAPTER 38 RESERVED, CHAPTER 39 CODE TEXT
AMENDMENTS, CHAPTER 40 ZONING, CHAPTER 41 SPECIAL LAND USES,
CHAPTER 42 UNIFORM DEVELOPMENT REGULATIONS, CHAPTER 43 SITE
PLANS, CHAPTER 44 SIGNS, CHAPTER 45 VARIANCES, CHAPTER 46
SUBDIVISION AND CONDOMINIUM PLATTING, OF SUBPART B OF PART II OF THE
CODE OF ORDINANCES, AND REPEALING CHAPTER 50 LAND DISTURBING
ACTJVITIES, SECTIONS 52.01, 52.02, 52.03, 52.04, 52.05, 52.06, 52.07,
52.31, 52.32, 52.33, 52.34, 52.35, 52.36/ 52.37/ 52.38 OF CHAPTER 52 TREE
PROTECTION; CHAPTER 53 MARINE IMPROVEMENTS; CHAPTER 55 DOWNTOWN
PROPERTY STANDARDS; AND ADOPTING A NEW LAND DEVELOPMENT CODE
TO BE KNOWN AS THE DEVELOPMENT CODE OF THE CITY OF CLEARWATER
. WHICH PERTAINS TO THE ESTABLISHMENT OF ZONING DISTRICTS APPLICABLE
TO ALL LAND WITHIN THE CORPORATE LIMITS OF THE CITY, AUTHORIZED
USES WITHIN EACH ZONING DISTRICT, DEVELOPMENT STANDARDS FOR ALL
USES, DEVELOPMENT REVIEW PROCEDURES, REGULATIONS CONCERNING
NONCONFORMITIES, TRANSFER OF DEVELOPMENT RIGHTS, CODE
AMENDMENTS, ZONING ATLAS AND LAND USE PLAN AMENDMENTS;
ESTABLlSHMENi OF A COMMUNITY DEVELOPMENT BOARD; RESPONSIBILITIES
OF CODE ENFORCEMENT BOARD AND COMMUNITY DEVELOPMENT BOARD;
NOTICE AND HEARING REQUIREMENTS; THE PROVISION FOR THE
ADMINISTRATION, INTERPRETATION AND ENFORCEMENT OF THE
DEVELOPMENT CODE; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE PROPER NOTICE OF PROPOSED ENACTMENT AND
TO PROVIDE PENALTIES FOR THE VIOLATION OF THE DEVELOPMENT CODE;
AND PROVIDING AN EFFECTIVE DATE.
>~
Charlie Siemon, Siemon, Marsh, and Larsen, said his focus is to streamline
the process, making it positive and proactive. At each stage, he will bring
comments, ideas, and corrections to the attention of the appropriate body. He
explained the different levels of approval and how the appeal process will work.
. This public hearing of the new LDC (Land Development Code) is held for DCAB
(Development Code Adjustment Board) review. Minor changes, including
typographical errors and unintended deviations from code, will be incorporated into
the final draft. The October draft will be presented at the Novem~er 17, 1998,
City Commission Work Session with first reading on November 19, 1998. In
response to a question, he anticipated less than 12 appeals a month will require
board review.
mde 111198
3
11/12/98
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Ms. Glatthorn requested members specifically provide recommendations
regarding appropriate sections of Chapters 40, 42, and 44, although comments
regarding other chapters also are welcome.
In response to a question, Mr. Siemon said advisory boards are being
consolidated to streamline processes, and allow ono body to review similar matters.
Unlike other boards, it was noted DCAB reviews excoptlons to the code. Mr.
Siemon said the new code advocates flexibility necessary for revitalization. It is
anticipated 80me of the new board' 8 workload will be shifted to staff. Concern
was expressed regarding the loss of citizen input as it was felt a board with only 7
representatives is insufficient. It was noted the new LDC Is intended to simplify
the process, not to dispense with community input. Mr. Siemon said the
administration's priority is to ensure professionalism Is in place to do the job
properly.
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Two citizens expressed concerns: 1) the number of proposed changes Is
overwhelming, with inadequate time for resident review; 2) locating an IAT
(Industrial, Research & Technology District), particularly related to adult uses, a
block from residential property; 3) the need for a Police Department review of the
code related to adult uses; 4) the definition of a residential infill project; 5)
opposition to multi-family' uses such as mother-In-law and garage apartments in
single family residential areas; 6) parking on front lawns; 7) the loss of advisory
boards; 8) long response times by the new Planning and Development Services
Department; 9) TOR (Transfer Development Rights) should include a maximum
percentage or donation clause; 10) the definition and location of neighborhood
conservation districts; 1 1) unclear rules regarding alcoholic beverage uses; 12) a
suggestion to clarify rules rather than simplifying code to eliminate conflict; and 13)
the flexible standard allowing buildings to be 1 50 feet high, especially on
Clearwater beach. It was remarked the new code is simplified and easier to read.
It was suggested these concerns be addressed.
Mr. Siemon suggested residents contact Assistant City Attorney Rob
Surrette regarding adult use theaters and the separation of multi~family from single
family residential properties. He said the Commission had directed him to shift the
default to a tiered system and away from exceptions to rules. Due to their original
design, neighborhood conservation districts should not have flexibility but will have
additional standards. He said residential in-fill properties cannot be used
economically for other uses due to area annexations, for example. The in-fill
residential designation allows a property owner to demonstrate to the new
Community Development, Board that the parcel is not economically feasible and
should be subject to a specific set of standards.
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Mr. Siemon said TOR will avoid future conflicts that could result from the
transfer of a cluster of units. Once transferred, the subject property cannot have
future allocations of density transferred. The City cannot mandate a parcel of land
be donated for private ownership. In response to a question, he said the code's
property management standards ensure staff can address every conceivable
circumstance. He said alcoholic beverage and land uses are regulated. He felt the
mdclla98
4
11/12/98
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new code substantially enhances neighborhood protections by focusing on external
impacts such as lighting, sound, etc.
Concern was expressed boards are pushed to give recommendations before
all information is reviewed. One member remarked revision to the code has been in
the works for a couple years. The first draft was available for review 3 months
ago. B,oard mF.lmbers commented they were unaware they would be asked to make
a recommendation on revisions to Chapters 40, 42, and 44 today.
Member Johnson moved that a recommendation regarding revisions to
Chapters 40, 42, and 44 be continued to December 10, 1998. The motion was
duly seconded and carried unanimously.
It was requested the topic be placed on the agonda. In response to a
question, Ms. Dougall-Sides said the board can accept public hearing comments
regarding this topic at the next meeting.
ITEM E - Aooroval of Minutes - October 22. 1998
The board approved 1999 meeting dates: 1) January 14; 2) January 28; 3)
February 2; 4) February 16; 6) March 2; 6) March 16; 7) April 8; 8) April 22; 9)
May 13; 10) May 27; 11) June 10; 12) June 24: 13) July 8; 14) July 22; 15)
August 12; 16) August 25: 17) September 14; 18) September 28; 19) October 14;
20} October 28; 21} November 11; 22) November 25; 23) December 14, 24)
December 28.
2. REQUEST TO RECONSIDER VARIANCES DENIED ON SEPTEMBER 24,1998,
DUE TO THE DISCOVERY OF NEW INFORMATION AFFECTING THE FENCE
LOCATION: Don McFarland, Attorney, for Lynn Bennett for variances to allow the
construction of a 6 foot high wood privacy fence along the property line adjacent to
Keene Road, on property located at 1 784 Thames StreliL zoned RSS (Single Family
Residential). V9S-64.:.
Ms. Glatthorn stated environmental and City forestry staff had discovered
trees on the site conflict with the Installation of a fence in the proposed location.
Due to this information, staff requests the board reconsider the case on December
10, 1998. It was requested the board be supplied with forestry and environmental
reports, and tree surveys regarding the interference of the existing trees.
."..)
Member Johnson moved to ra-hear Case V98-54 on December 10, 1998.
The motion was duly seconded and carried unanimously.
mdclla98
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The m~etln9 edjourned at 3:02 p~~
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Development Code Adjustment Board
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