01/29/1999 (2)
, ,
"
, ,
~~,~~\t~. ~': \f ~'," ...~., .":~~' ~'~ '. :> "~;::' t.. /_~l ~.,
-.' "'..,
I .. . ~' ".~ .
J.' .
"
.' oj
.'
',. '.
~'
, "~~~
,c
!'.
~ i, I'"
~: ~ . I .
'I,....
, '
':.::' ..
. , ',"
~n .
;j'.;.
, ,
DCAB
"
~.~ .' " .
\'/~'
'.',1'"
;~/~ .:.. \': .
,lc
'," .
,~, '.
,,)" ""
,~ .
)'"~ .
t:~.' }.".
~~:~~.:. '.
:!;.~',/. '. \. ~
.. '
~ . 'J F.' .
':/~/. :. I "
~(~..'.:...
~l.~: t. : '.,'. ,
?:(":o ,>
~/;, "
~.:...I. '.
~ '. ~ ~
".,
I." .
':,Dev~Iopment Code Adjustment Board
Minutes
,,'
','
:.':,,'A,
,~
, ,
!,\I.
, .,
.. ',.::'
L'
-'
\, '
t' ':
~:~, .
Ii, .
.
ji ,:"
" '
~ '
~. ~
\' '
c.
I
I
!
.1
I
;",'
......
r '.
~~,J' .
I,
~, ,
if,
'C
~;. .
(:'-",
'"
,.'
J:
',>
'.
,
, ,
U,p.",
"
"
O~!36~
...._D..' H......... ,,..,.,.'__._.......~. "
. . . . ....
. . . . . \ ." . '. 'i .'. ':' . l ,",'.' .' . . .',' , , '.: :',' .' . I..... . . .' .'., t'.: . ': . . . _ I, . .', " .' , :':. ,~ .,.' ',l '. '.' . .':'.' " .,' : . . . .... : . '.' . l'
'~
DEVELOPMENT CODe ADJUSTMENT BOARD SPECIAL MeETING~
ACTION AGENDA
CITY OF CLEARWATER
January 29. 1999
Call to Order at 10:00 a.m., Pledge of Allegiance, and Invocation
ITEM A - Time Extension ReQuests
A1. (Time Extension Request) Helen V. RobinsonlTom M. Sehlhorstforthe
following variances: (1) a setback variance of 10 feet to allow a building zero feet from
the rear property line where a minimum setback of 10 feet is required; (2) a lot area
variance of 2,208 sq ft to allow an area of 5,292 sq ft where a minimum of 7,500 sq ft is
required; and (3) a lot depth variance of 58 ft to allow a depth of 42 ft where a minimum
of 100 ft is required at the SW corner of N. Myrtle Ave. & Pinellas Trail, J,J. Eldridge
Sub, North 71 ft of Blk E, South 20 ft of the North 91 ft of Blk E less street on East and
the South 35 ft of the North 126 ft less street on East. zoned CI (Infill Commercial). ~
9648 '
,.
1.\ .
ACTION: Granted a 90-day extension, with the understanding this is the
last extension the applicant will receive,
ITEM B - Continued Variance Requests - None.
~)
! c
.,J'.,....
":.+~
, ITEM C - New Variance Requests
/'t'
C1. Glen Johnson/Beach Communities II. Inc. for the following variances: (1) a
height variance of 145 ft; (2) a setback (front) of 50 ft; (3) a north side setback of 34 ft;
and (4) a south side setback of 34 ft at 1350 Gulf Blvd., See 19-29-15, M&B 14.03 &
14.08, zoned RM 8 (Multiple Family Residential). V 99-02
'"
ACTION:
Continued to the February 25, 1999, meeting,
~ ,.
C2. The Florida Department of Transportation has exercised its power of eminent
domain by purchasing right-of-way in connection with the Drew Street Widenin~
Project. The required front setback area of 25 feet is being reduced as follows:
~.,.,"
. c
,
· 1500 Drew St - Glenwood Estates, part of Lot 25 - Melanie E. Bost & Laurel B. Ebling
for a 4.24 ft variance,
· 1507 Drew St - Crest Lake Sub, Blk A, part of Lots 1 &2 - James D, & Dawn M. White,
Jr. & Paulette D.Olmstead for a 11.28 ft variance.
· 1521 Drew St - Crest Lake Sub, Blk B, Lot 2 - Kristian M. & Michele Griewahn for a
11.36 ft variance.
" 1529 Drew St - Crest Lake Sub, Blk 8, Lots 4&5 - Joel H. & Linda K. Guinand for a
11.5 ft variance.
· 1536 Drew St - Glenwood Sub, Lot 68 - Evelyn Donatello for a 14.13 ft variance.
· 1537 Drew St - Crest Lake Sub, Blk 8, Lot 6 - Joel H. Guinand for a 11,1 ft variance.
. 1541 Drew St - Crest Lake Sub, Blk B, Lot 7 - Richard L. Clark for a 10.23 ft variance.
· 1545 Drew St - Crest Lake Sub, Blk B, Lot 8 - Gordon McLeay for a 11,08 ft variance.
Mde01 b99.act
1
01/29/99
~':J
,. 1560 Drew St M Glenwaad Estates Add, Lot 32 ~ Frederick B, & Ellen B. Walbalt et ux
for a 6.4 ft variance.
. 1563 Drew St - Crest Lake Sub, Blk C, Lot 2 M Patricia L. Chellman for a 12.59 ft
variance.
. 1566 Drew St - Glenwaad Estates Add, Lot 34 ~ Charles J. & Clara R. Burke et ux for
a 6.56 ft variance.
. 1567 Drew St - Crest Lake Sub, Blk C, Lots 3&4 - Kenneth & Geary S. Humphreys et
ux for a 11.81 ft variance.
. 156B Drew St ~ Glenwood Estates Add, Lot 35 - Harry J. Rittman (Estate) for a 6.3 ft
variance. '
. 1600 Drew St - Glenwaad Estates Add, Lots 56&57 - Russell A. & Jean Schumacher,
Jr. et ux for a 5.96 ft variance.
. 1601 Drew St - Keystone Manor, Blk A, Lot 1 & part of Lot 2 - Liliana D. & Jurg Peter
et vir for a 10.B9 ft variance.
. 1611 Drew St - Keystone Manor, Blk A, Lot 3 & part of Lot 2 - Woody J. & Vito
. Marchionna for a 1.67 ft variance. '
, . 1615 Drew St - Keystone Manor, Blk A, Lot 4 & part of Lot 5 - Randy C. Higgins for a
3.11 ft variance.
. 1620 Drew St - Grand View Terrace, Lot 1 & part of Lot 2 - Louise C. Riley, TRE for a
11.48 ft variance.
. 1621 Drew 5t - Keystone Manor, Blk A, Lot 6 & part of Lot 5 - Louise C. Riley for a
15.17 ft variance.
. 1625 Drew St - Keystone Manor, Blk A, Lot 7 & part of Lot 8 ~ Harry L. Peterson, TRE
for a 6.56 ft variance.
. 1628 Drew St - Grand View Terrace, Lot 41 & part of Lot 2 - Evangelos & Maria Natsis
for a 11.57 ft variance.
. 1631 Drew St - Keystone Manor, Blk A, part of Lot 8 - Joy Alice Peterson, TRE for a
18.93 ft variance.
. 1635 Drew 5t - Keystone Manor, Blk A, Lot 9 - John Tsetsekas for a 10.62 ft variance.
. 1639 Drew St - J<eystone Manor, Blk A, part of Lot 10 - Jerry Max Wright for a 14.21 ft
variance.
. 1641 Drew St - Keystone Manor, Blk B, Lot 1 ~ Dorothy Smith Campi for a 16.63 ft
variance.
. 1645 Drew 5t - Keystone Manor, Blk B, Lots 2&3 - Tiffany 5. Harrell for a 11.03 ft
variance.
. 1655 Drew 5t - Keystone Manor, Blk B, Lot 4 & part of Lot 5 - Matthew J. & Carolyn C.
Miller for a 10.32 ft variance.
. 1661 Drew 5t - Keystone Manor, Blk 5, Lot 6 & part of Lot 5 - Paul J. & Carol Turcotte
for a 4.92 ft variance. '
. 1671 Drew St - Keystone Manor, Blk B, Lot 8 - Merwyn L. Hassell for a 4.76 ft
, variance.
. 200 Richards Ave - Grand View Terrace, Lot 46 & part of Lot 45 - Frank Urina for a
16.34 ft variance.
. 123 N. Glenwood Ave - Crest Lake Sub, Blk B, Lot 1 less rd. right-of-way - Angela M.
Karantanis for a 12.2 ft variance.
. 124 N. Glenwaod Ave - Crest Lake Sub, Blk A, Lot 4 & part of Lot 3 less rd. right-of-
way - Barbara J. Strother for a 12.5 ft variance.
. 203 N. Glenwood Ave - Glenwood Sub, Lot 64 - Dennis J. Pearson & Eileen F.
Meyers-Pearson for a 1.3 ft variance.
tl
, "
, c
,
"
~~
(It!!
Mdc01 b99.act
2
01/29/99
',\
ACTION:
Continued indefinitely.
: ~ ~
1'>.
..t.;--i"'.~:,::.I.~ "<,1:J_:: \.l':..~..':\,~. ."'I.:~.;,~...~ ,".
.,. .
-- .
0,'
. L.''1,'.
. 1533 Rosewood St ~ Glenwood Sub, Lot 67 and land on South ~ Daniel M. Macre, Jr.
for a 5.0 ft variance. '
~: l
ITEM 0 ~ Approval of Minutes - January 14. 1999
,'I.
i~.C \ '
j.....
!; .
ACTION:
Approved as submitted.
ITEM E . Board and Staff Comments
Board members and staff thanked Member Moran for attending the meeting since
the board is one member short, and another member was unable to attend,
, ,.' It was noted since this board will be phased out with the Implementation of the new
Land Development Code, the board will not appoint a fifth member to replace ,former
. Member Stuart.
I C
Director of Planning Ralph Stone said last Thursday the Commission approved the
New Land Development Code, which triggers a 45 day transition period before it becomes
, effective. In response'to a question, he said there are approximately 7 applications for the
February 25, 1999, Development Code Adjustment Board meeting. He thanked the board
. for attending today's special meeting.
,~
""W
Board members requested updated parking cards.
Adlournment
The meeting adjourned at 10:27 a.m.
" I
q
, C
: 0"""
i. ,"'
'. ,
Mdc01 b99.act
3
01/29/99
t)
. .,t
DEVELOPMENT CODE ADJUSTMENT BOARD SPECIAL MEETING
CITY OF CLEARWATER
January 29, 1999
Present:
William Schwob
William Johnson
Shirley Moran
Vacant Seat
Chair
Vice-Chair
Board Member
Board Member
Absent:
Mark Jonnatti
Board Member
Also Present:
Leslie Dougall-Sides
Ralph Stone
Antonia Gerli
Mark Parry
Brenda Moses
Assistant City Attorney
Planning Director
.' Planning Manager
Senior Planner
Board Reporter
The Chair called the meeting to order at 10:00 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
"J
A 1) (Time Extension Request) Helen V. Robinson/Tom M. Sehlhorst for the
following variances: (1) a setback variance of 10 feet to allow a building zero feet
from the rear property line where a minimum setback of 10 feet is required; (2) a lot
area variance of 2,208 sq. ft. to allow an area of 5,292 sq. ft. where a minimum of
7,500 sq. ft. is required; and (3) a lot depth variance of 58 ft. to allow a depth of
42. ft. where a minimum of 100 ft. is required at the SW corner of N. Mvrtle Ave. &
Pinellas Trail, J.J. Eldridge Sub, North 71 ft. of Blk E, South 20 ft. of the North 91
ft. of Blk E less street on East and the South 35 ft. of the North 1 26 ft. less street
on East, zoned CI (lnfiIJ Commercial). V 96~48
Planning Manager Antonio Gerli said this request will be the fourth extension
requested by the applicant. The first approval was in 1996. No reason was given for
this 'request. Staff recommends an extension of no more than six (6) months.
Discussion ensued regarding why the applicant is requesting another extension,
and concerns were expressed regarding the extensive compliance delay.
, Member Moran moved to deny the request for extension. The motion was
duly seconded.
Concern was expressed the applicant was not present to answer questions,
nor had he offered an explanation for the request. Staff suggested the board consider
::)
mdc01 b99
1
01/29/99
'J
granting an extension for a specific limited time, and stipulate this to be the final
extension.
Member Moran withdrew her motion. The seconder agreed.
Member Johnson moved to approve a SO-day extension for Item A 1 - V96~48,
and that this extension is the last one to be granted the applicant. The motion was
duly seconded and carried unanimously.
. ITEM B - Continued Variance Reauests - None.
ITEM C - New Variance Reauests
C1) Glen Johnson/Beach Communities II, Inc. for the following variances: 11} a
height variance of 145 ft.; (2) a setback (front) of 50 ft.; (3) a north side setback of
34 ft.; and (4) a south side setback of 34 ft. at 1350 Gulf Blvd., Sec 19-29-15,
M&8 14.03 & 14.08, zoned RM 8 (Multiple Family Residential). V 99-02
Planning'Director Ralph Stone reported numerous meetings with staff, the
applicant, and neighborhood groups recently took place to reach a compromise '
regarding the placement of the proposed structure. Yesterday, the applicant
requested ,this item be rescheduled to February. As all parties are attempting to
resolve site concerns, staff recommends continuing the item to February 25, 1999.
He said this item will be re-noticed.
"'''J
,i'." .
"....:~
'mi
Member Johnson moved to continue Item C1 - V 9S-02 to the February 25,
1999, meeting. The motion was duly seconded and carried unanimously.
Attorney Malouf, representative for opposition groups. questioned if staff had
received his letter. He said after review of the site plans, his clients believe the'
building encroaches on the parking area and retention pond. Mr. Stone
acknowledged Mr. Malouf's letter and noted staff's awareness of the easement,
site plan, and lease agreement.
2. The Florida Deoartment of Transportation has exercised its power of eminent
domain by purchasing right-of-way in connection with the Drew Street Widening
Proiect. The required front setback area of 25 feet is being reduced as follows:
2;
o 1 500 Drew 8t * Glenwood Estates, part of lot 25 - Melanie E. Bost & Laurel B.
Ebling for a 4.24 ft. variance.
. 1607 Drew St - Crest Lake Sub, Blk A, part of Lots 1 &2 - James D. & Dawn M.
White, Jr. & Paulette D. Olmstead for a 11.2811. variance.
. 1521 Drew 5t - Crest lake Sub, 81k 8, Lot 2 - Kristian M. & Michele Griewahn for
a 11.36 ft. variance.
. 1529 Drew St * Crest lake Sub, Blk B, lots 4&5 - Joel H. & Linda 1<, Gulnand for
a 11.5 ft. variance.
. 1536 Drew St * Glenwood Sub, Lot 68 - Evelyn Donatello for a 14.13 ft. variance.
. 1537 Drew St - Crest Lake S'ub, Blk B, Lot 6 - Joel H. Guinand for a 11.1 ft.
variance.
i
1
I
I
!
mdc01b99
2
01/29/99
')
'. ~'
. 1541 Drew 5t M Crest Lake Sub, Blk B, Lot 7 M Richard L Clark for a 10.23 ft.
variance.
. 1545, Drew St - Crest Lake Sub, Blk B, Lot 8 - Gordon McLeay for a 11.08 ft.
, variance. C
. 1560 Drew St - Glenwood Estates Add, Lot 32 - Frederick B. & Ellen B. Walbelt
et ux for a 6.4 ft. variance.
. 1563 Drew St - Crest Lake Sub, Blk C, Lot 2 M Patricia L. Chellman for a 12.59 ft.
variance.
. 1566 Drew St M Glenwood Estates Add, Lot 34 - Charles J. & Clara R. Burke et ux
for a 6.56 ft. variance.
. 1567 Drew St - Crest lake Sub, Blk C, Lots 3&4 - Kenneth & Geary S. Humphreys
et ux for a 11.81 ft. variance.
. 1568 Drew St M Glenwood Estates Add, Lot 35 ~ Harry J. Rittman (Estate) for a
6.3 ft. variance.
. 1600 Drew St - Glenweod Estates Add, Lots 56&57 - Russell A. '& Jean
Schumacher, Jr. et ux for'a 5.96 ft. variance.
. 1601 Drew St - Keystone Manor, Blk A, Lot 1 & part of Lot 2 - Liliana D. & Jurg
Peter et vir for a 10.89 ft. variance.
. 1611 Drew St - Keystone Manor, Blk A, Lot 3 & part of Lot 2 - Woody J. & Vito
Marchionna for a 1.67 ft. variance.
. 161 5 Drew St - Keystone Manor, Blk A, Lot 4 & part of Lot 5 - Randy C. Higgins
for a 3.11 ft. variance.
. 1620 Drew St - Grand View Terrace, Lot 1 & part of Lot 2 - Louise C. Riley, TRE
for a 11.48 ft. variance.
. 1621 Drew St - Keystone Manor, Blk A, Lot 6 & part of Lot 5 - Louise C. Riley for
a 15.17 ft. variance.
. 1625 Drew St ~ Keystone Manor, Blk A, Lot 7 & part of Lot 8 - Harry L. Peterson,
TRE for a 6.56 ft. variance.
. 1628 Drew St - Grand View Terrace, Lot 41 & part of Lot 2 - Evangelos & Maria
Natsis for a 11.57 ft. variance.
. 1631 Drew 5t - Keystone Manor, Blk A, part of Lot 8 - Joy Alice Peterson, TRE
for a 18.93 ft. variance.
. 1635 Drew St - Keystone Manor, Blk A, Lot 9 - John Tsetsekas for a 10.62 ft.
variance.
. 1639 Drew 5t - Keystone Manor, Blk A. part of Lot 10 - Jerry Max Wright for a
14.21 ft. variance.
. 1641 Drew St - Keystone Manor, Blk B, Lot 1 - Dorothy Smith Campi for a 16.63
ft. variance.
. 1645 Drew St - Keystone Manor, Blk B, Lots 2&3 - Tiffany S. Harrell for a 11.03
ft. variance.
. 1655 Drew 5t - Keystone Manor, Blk B, Lot 4 & part of Lot 5 - Matthew J. &
Carolyn C. Miller for a 10.32 ft. variance.
. 1661 Drew 5t - Keystone Manor, Blk 5, Lot 6 & part of Lot 5 - Paul J. & Carol
Turcotte for a 4.92 ft. variance.
. 1671 Drew 5t - Keystone Manor, Blk B, Lot 8 - Merwyn L. Hassell for a 4.76 ft.
variance.
. 200 Richards Ave - Grand View Terrace, Lot 46 & part of Lot 45 - Frank Urino for
a 16.34 ft. variance.
~~
t,,,.
""'.~~
mdc01 b99
3
01/29/99
I
1
I
l
I
i
!
,~,
c ~ ,. .
c;
:' p
'J
"
· 123 N. Glenwood Ave - Crest lake Sub, Blk B, lot 1 less rd. right-of-way - Angela
M. Karantonis for a 12.2 ft. variance.
· 124 N. Glenwood Ave - Crest lake Sub, Blk A, Lot 4 & part of lot 3 less rd. right-
of-way - Barbara J. Strother for a 12.5 ft. variance.
· 203 N. Glenwood Ave - Glenwood Sub, Lot 64 - Dennis J. Pearson & Eileen F.
Meyers-Pearson for a 1.3 ft. variance.
· ,1533 Rosewood St - Glenwood Sub, lot 67 and land on South - Daniel M. Macre,
Jr. for a 5.0 ft. variance.
In response to a question, Mr. Stone said a City ordinance allows FOOT
(Florida Department of Transportation), and other entities with power of eminent
domain, to apply for variances for properties on which they initiate eminent domain
action. The FOOT project to widen Drew Street will affect 34 properties. Staff has
concluded no application has met all four variance criteria. The City attempts to
'balance public purpose and FOOT's desire to solve road problems. Staff evaluates
the Code and applies that criteria on a uniform basis. Staff has several concerns.
Ongoing discussions between FOOT and staff are addressing these conflicts,
particularly proposed 'mitigation buffering and the project's impact on the
community.
FOOT's general counsel has requested a continuance in hopes of reaching
compromise through ongoing discussions. Staff concurs.
,..-'"
~l~)
In response to a question, Assistant City Attorney Leslie Oougall~Sides said
the board is authorized to grant a continuance for an indefinite time period. She
suggested re-noticing the matter due to the large number of affected property
owners.
Louis Garlisi, FOOT Assistant General Counsel in District 7, said FOOT
requests a continuance.
James Murphy, Tampa Bay Engineering, Inc., said the situation is unusual.
His firm has worked for months to bring this to a resolution. He indicated his
appreciation of staff's efforts in this matter.
Patrick Maguire, representative, said he had been retained by some Drew
Street property owners. He commended staff for protecting Drew Street citizens.
He suggested if these variances are approved his clients will be injured and not
receive full compensation in court for their property. Some homes were built in the
1920s before Drew Street expanded and changed. He hoped the City and FOOT
work together to address the needs of Drew Street citizens and turn it into a green
corridor.
Member Johnson moved to continue Item C2 indefinitely. The motion was
duly seconded and carried l.fnanimously.
ITEM D - Aoproval of Minutes - Januarv 14, 1999
,
. ....J
mdc01 b99
4
01/29/99
.~
I,
,~~~
.h'lRA~~
Chair., I ,
Development Code Adjustment Board
'~< \; ::'1.:'
'l'.. :<~"~i 1/":.'-- '~.'::. ;:'.::' .,...
,
. ,
. > . ~.
. ' ,. .',.
q ~ >T
. , c
',,' "
..' '/
'.~ ~...' t ." .
.,} . ~. ,
, : . ~ :
c.'....~
'<"<I .' .i
.:01....:
Member Moran moved to, adopt the minutes of the regular meeting of January
. 14; 1999, as submitted in written summation to each board member. The motion
was'duly seconded and carried unanimously.
, ITEM E - Board and Staff Comments
Board members and staff thanked Member Moran for attending today's board
meeting even though she was ill. Her presence was necessary for a quorum.
As DCAB will b~ phased out with the implementation of the new Community
Development Code, it was stated t~e board will not appoint a member to replace
former Member Stuart. .
. Mr. Stone reported on January 21, 19999, the Commission had approved the
new CommunitY Development Code, triggering a 45-day transition period before it
becomes effective. In response to a question, he said approximately 7 applications
are scheduled for the February 25, 1999, meeting. . The February 11, 1999, meeting
has been canceled. He thanked the board for attending today's special meeting.
< !. ""
, Board members requested updated parking cards.
'T \.
Adiournment
. The meeting adjourned at 10:27 a.m.
. Attest:
~dO- 7YlOXLJ
Board Reporter .
mdc01 b99
5
01/29/99
I-:'....~
'.'\
'-.-'
~ ..': h ~ r[~ '".:. . ..;
, ~ "" <' {I.; ;
, '< ,
. ',V~ ::.', . ~.':; +"; ..
, . ..'
", 11'
<",\.,',
. ; ~~. ",
( ,
': '
'J,. '
I
.','
.'
'", .
~ : l . . ~ (