01/14/1999 (2)
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
January 14, 1999
Call to Order at 1 :00 p.m., Pledge of Allegiance, and Invocation
ITEM #A - Time Extension Requests - None.
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A 1) (Approved 02/22/98) James Michael & Moraee Hoe McDaniel for a time extension of
an additional one year for the following variances (1) a setback variance of 21.2 feet to
permit a 2nd floor addition 3.8 feet from the southerly right-of.way line of Eldridge St.,
rather than the 25 feet setback required; (2) a setback variance of 18 feet to permit a 2nd
floor addition 7 feet from the westerly right-of-way line of Eldridge St., rather than the 25
feet setback required; and (3) a setback variance of 5.75 feet to permit a 2nd floor addition
4.25 feet from a rear property line, rather than the 10 feet rear setback required at 301
Eldridge St., Eldridge Town House, Lot 1 together with submerged land to West, zoned RM
16 (Multiple Family Residential). V 98-03
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ACTION: Granted as requested.
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A2) (Approved 01/08/98) William M. Shepard. Trustee (Lagoon Resort) for a time extension
of an additional one year for the following variances (1) a variance to allow a clear space
distance of 15 feet where a distance of 77.8 feet is required; (2) a setback variance of 62.8
feet to allow a building 15 reet from the westerly side property line where a minimum
setback of 77.8 feet is required; and (3) a front yard open space variance of 9.9% to allow
40.1 % where a minimum of 50% is required at 619 S. Gulfview Blvd., Sect. 17-29-15, M &
B 22.01, Bayside Subdivision No.5, Block C, Lots 1-5 and riparian rights; zoned CR 28
(Resort Commercia!), V98-05
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ACTION: Granted as requested.
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ITEM #8 - Continued Variance Requests
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81) (Cont'd from 12/10/98) James W. Soboleski & Deborah L. Groen for a variance to
allow a 10.5 feet structural setback for a covered passageway where 25 feet is required at
191 Devon Dr., Bayside Sub, Lots 32-34, zoned RS 8 (Single Family Residential). V 98-81
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ACTION: Granted as requested subject to conditions: 1) variances 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 these
variances, will result In these variances being null and of no effect and 2) requisite building
permit shall be obtained within 6 months.
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B2) (Cont'd from 12/10/98) l.Q,M. Inc. (Legends Steakhouse) for a variance to construct a
balcony with a front and side setback to zero feet and a variance to reduce parking to 29
spaces at 309 S. Gulfvlew Blvd., Lloyd-White Skinner Sub, Lots 60-62, 108-109, & part of
Lot 107, zoned CR 28 (Resort Commercial), V 98-84
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ACTION: Request withdrawn.
ITEM #C - New Variance Reauests
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C 1) Jav and Linda Polalaze for a variance to construct a swimming pool with a street right-
of~way setback of fifteen feet instead of the required twenty-five foot setback at 522
Richards Avenue, Lot 38 and the easterly part of Lot 37, Ambleside Subdivision, 1 at
Addition, zoned RS 8. V99-01
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ACTION: Granted as requested 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) requisite building permit shall be
, obtained within 6 months.
ITEM #E - Aporoval of Minutes p December 10, 1998 - Approved
ITEM #E - Elect'ion of Board Chair and Vice Chair
Election suspended. Chair and Vice-Chair to continue their duties until board is,dissolved.
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ITEM #F - Board & Staff Comments
It was recommended Member Stuart, who resigned, not be replaced as approval of
new City Code is pending. Members wished former Member Stuart well.
Regularly scheduled meeting of January 28, 1999, is canceled.
Special meeting scheduled on January 29, 1999, at 10:00 a.m. in Chambers.
In reference to Judy Simmons' December 21, 1998, letter to the newspaper, Member
Moran said it was nice of Ms. Simmons to thank the board for their hard work.
Adjournment - 2:20 p.m.
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DEVELOPMENT CODE ADJUSTMENT ,BOARD MEETING
CITY OF CLEARWATER
January 14, 1998
Present: '
William Schwob
William Johnson
Shirley Moran
Chair
Vice~Chair
Board Member
Also Present:
Leslie Dougall-Sides
Antonia Gerli
Patricia O. Sullivan
Assistant City Attorney
Planning Manager
Board Reporter
Absent:
Mark Jonnatti
Ron Stuart
Board Member
Board Member (resigned as of January 14,
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The Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by the
Invocation, p,ledge of Allegiance, review of meeting procedures, and explanation of appeal
process.
To provide continuity for research, items are in agenda order although not necessarlJy
discussed in that ordor.
(;) ITEM #A - Time Extension Reauests
A 1) (Approved 02/22/98) James Michael & Margee Hoe McDaniel for a time extension of
an additional one year for the following variances (1) a setback variance of 21.2 feet to
permit a 2nd floor addition 3.8 feet from the southerly right-of-way line of Eldridge St.,
rather than the 25 feet setback required; (2) a setback variance of 18 feet to permit a 2nd
floor addition 7 feet from the westerly right-of-way line of Eldridge St., rather than the 25
feet setback required; and (3) a setback variance of 5.75 feet to permit a 2nd floor
addition 4.25 feet from a rear property line, rather than the 10 feet rear setback required
at. 301 Eldridge St., Eldridge Town House, Lot 1 together with submerged land to West,
zoned AM 16 (Multiple Family Residential). V 98w03
In his December 9, 1998, letter, Mr. McDaniel requested a continuation due to
construction difficulties and delays in obtaining engineering documents.
Steve Fowler, representative, said the owner has had health problems. In response
to a question, he said this second floor project will continue forward according to
submitted plans.
Member Johnson moved to approve a one-year extension for Item #A 1. The
motion was duly seconded and carried unanimously.
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feet to allow a building 1 5 feet from the westerly side property line where a minimum
setback of 77.8 feet is required; and (3) a front yard open space variance of 9.9 % to allow
40.1 % where a minimum of 50% is required at 619 S. Gulfview Blvd., Sect. 17-29-15, M &
B 22.01, Bayside Subdivision No.5, Block C, Lots 1 -5 and riparian rights; zoned CR 28
(Resort Commercial). V98-05
In his December 16, 1998, letter, Stephen Fowfer, representative, requested a one-
year extension due to market changes and revisions to the schematic plans that delayed
construction. Mr. Fowler said market generated decisions have resulted in some changes.
While plans related to approved variances will not change, he said shops will not be
constructed next to the street.
Member Johnson moved to approve a one-year extension for Item #A2. The motion
was dUly seconded and carried unanimously.
ITEM #8 - Continued Variance Reauests
B1) (Cont'd from 12/10/98) James W. Soboleski & Deborah L. Groen for a variance to
allow a 10.5 feet structural setback for a covered passageway where 25 feet is required at
191 Devon Dr., Bayside Sub, Lots 32-34, zoned RS B (Single Family Residential). V 98-81
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The applicant seeks a variance to add a porte cochere (covered passageway) to a
single family residence in the front yard setback. Staff indicates the cu/-de-sac impacts
only a small portion of the property. Planned renovations will move the front door closer to
the property line and aligh the porte cochere with that door's new location. The half-acre
property contains one lot with a residence and one vacant lot and is large enough to
construct additions without a variance. Staff recommends denial of the request. Planning
Manager Antonia Gerli said setbacks are haphazard along Devon Drive. The new code
would allow this request to be considered for approval as flexible development.
Owners James Soboleski and Deborah Groen confirmed Harry Cline's authority to
speak on their behalf. Mr. Cline said the applicants purchased the property in its current
two-lot configuration in this older neighborhood. He said the applicants seek to retain the
architectural integrity of their 1930s era home and add a porte cochere to the horne's west
side. He said the home's floor plan necessitates the relocation of the front door. He said
the porte cochere meets the tront setback requirements except at the northern edge of the
cul-de-sac.
Mr. Cline distributed an aerial photograph for reference, noting Devon Drive is a
dead-end street. He said vehicles in the driveway will have less impact on the
neighborhood if the driveway is moved to the south as planned. He said the structure is 30
feet from the seawall and this addition to the property's front will only impact the water
view of one western neighbor, who has submitted a letter of support for the plan. He said
previous plans were to construct a 3-story house on the vacant lot. He distributed three'
letters of support from immediate neighbors and the site plan. In response to a question;
Mr. Sabelesk said he does not plan to alter the house. The only work planned is to move
the front door and add the porte cochere.
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The applicant, legend Steakhouse, has applied for variances to parking and setback
requirements to build a balcony for outside food service with a front and side setback of Ow
feet. The restaurant is located within a busy beach environment where many patrons park
off~site while visiting area amenities. Staff recommends approval. Staff feels strict
application of code would not be reasonable considering heavy beach pedestrian traffic and
the addition will be in harmony with the surrounding environment.
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Member Moran moved to grant the variance as requested because the applicants
substantially have 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 and 2) requisite building permit shall be obtained within 6
months. The motion was duly seconded and carried unanimously.
82) (Cont'd from 12/10/98) L.O.M. Inc. (legends Steakhouse) for a variance to construct a
balcony with a front and side setback to zero feet and a variance to reduce parking to 29
spaces at 309 S. Gulfview Blvd., Lloyd-White Skinner Sub, Lots 60w62, 108-109, & part of
Lot 107, zoned CR 28 (Resort Commercia!). V 98-84
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Concern was expressed DCAB (Development Code Adjustment Board) had granted
setback variances to allow this structure to be of maximum size, and now the applicant has
returned to the board with additional requests. It was felt the proposed balcony should
,have been part of the original plans for a smaller building properly sized for this addition.
Assistant City Attorney Leslie Dougall-Sides said the new code would allow this
incremental request to be considered for approval as flexible development. It was noted
when approval for previous variances was granted, the owner had stated he had no plans
for expansion.
Ted ,Williamson, representative, said the building could have been taller and larger.
David 2islin, owner, said he had constructed two buildings on the site instead of one larger
building. He said parking requirements limited the building's size. He said his upscale
restaurant's patrons have requested outside seating and the City is encouraging it. He said
the addition will enhance the area. He said as the new code will allow it, he wanted to
begin construction immediately. It was noted board approval will be necessary under the
new code. In response to a question, Mr. Zislin said the restaurant currently has minimal
outside seating and patrons want to see outside. He said he will improve the green space.
It was noted the motel owner to the north who had objected to previous variances has
sold the property to a new owner who does not object. It was felt this request should
have been included when the original plans were approved 18 months ago. Concern was
expressed regarding ramifications if the City approves large variances when requested in
incremental amounts.
It was noted DCAB had indicated it would not consider additional requests when the
board approved earlier variances for this project. It was noted variances had been
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approved for outside seating at other beach restaurants. It was felt the setback requests
cannot be approved under current code requirements. It was stated the proposal is based
on economic gain. It was suggested Mr. Zislin withdraw his request until the new code is
, approved.
Mr. Zislin withdrew his request. Considering other restaurants were granted
variances to allow outside seating, he felt it was unfair his request was not approved.
Member Johnson moved to withdraw Item #82. The motion was duly seconded
and carried unanimously.
ITEM #C - New'Variance ReQuests
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C1) Jav and Linda Polalaze for a variance to construct a swimming pool with a street right-
of-way setback of 15 feet instead of the required 25 foot setback at 522 Richards Avenue,
Lot 38 and the easterly part of Lot 37, Ambleside Subdivision, 1 at Addition, zoned AS 8.
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The applicants have requested a setback to construct a swimming pool at the rear
of their residence. Staff feels no special circumstances justify granting a variance as the
lot and back yard are large enough to construct a pool without encroaching into the
setback.
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Jay Polglaze said the pool he could build under code would not meet the needs of his
family which includes two young swim team members. He reviewed his actions necessary to
have a utility easement vacated which is scheduled for City Commission approval on January
21, 1999. He said his 25-year old house was constructed in the center of the lot and
previous owners had developed part of the back yard with a pond, screened room, and a
shed. He presented a sketch of the planned pool which is oddly shaped and 40 feet long on
the diagonal. He said the block wall will block the neighbors' view of the pool which will not
be screened. He said if he built the pool to code, it would not be centered in the yard and
create a narrow walkway. He felt the pool would not be detrimental to the neighborhood but
would enhance property values. Three letters in support from neighbors were submitted.
It was felt special circumstances relate to the existing block wall. In response to a
question, he said construction can begin after January 21, 1999. Another letter of support
had been received. Mr. Polglaze said he may need less than the 10 feet requested. It was
noted the lot is oddly shaped.
Member Moran moved to grant the variances as requested because the applicant
substantially has 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 and 2) requisite building permit shall be obtained within 1
year. The motion was, duly seconded.
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It was recommended Mr. Polglaze obtain a permit to replace the portion of block
wall to be removed to install the pool. Ms. Dougall-Sides said approval of that permit will
be determined by building officials based on the wall's history.
Upon the vote being taken, the motion carried unanimously.
ITEM #0 - Approval of Minutes
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Member Moran moved to approve the minutes of the regular meeting of December
10, 1998, as recorded and submitted in written summation to each board member. The
motion was duly seconded and carried unanimously.
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ITEM HE ~ Election of Board Chair and Vice Chair
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Member Johnson moved to suspend the election as the board will be dissolved in the
near future, and for the Chair and Vice. Chair to continue their duties until the board's
dissolution. The motion was duly seconded and carried unanimously.
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ITEM #F - Board & Staff Comments
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Co'nsensus was to recommend the Commission not replace the seat of Member
Stuart, who has resigned, as approval of the new City Code is pending. Members wished
former Member Stuart well.
The regularly scheduled meeting of January 28, 1999, has been canceled.
A special meeting has been scheduled on January 29, 1999, at 10:00 a.m. in
Chambers.
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In reference to Judy Simmons' December 21, 1998, letter to the newspaper,
Member Moran said it was nice of Ms. Simmons to thank the board for their hard work.
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Adiournment
The meeting adjourned at 2:20 p.m.
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Chair .
Development Code Adjustment Board
Attest:
~rldo- 1n02f2L::J
, Board Reporter
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