06/30/1988
Book 3 1\FE
DEVELOPMENT CODE ADJUSTMENT BOARD
June 30, 1988
Members present:
Otto Gans, Vice Chairman
Mary Lou Dobbs
Kemper Merriam
John Homer
Member absent:
Alex Plisko
Also present:
John Richter, Planning Official Miles Lance, Assistant City Attorney Shirley Corum, Deputy City Clerk
The meeting was called to order by the Vice Chairman at 1:00 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised that anyone adversely affected
by any decision of the Development Code Adjustment Board may appeal the decision to an Appeal Hearing Officer within two (2) weeks. He noted that Florida law requires any applicant appealing
a decision of this Board to have a record of the proceedings to support the appeal.
ITEM (continued from 6/9/88) The Fisher Group for variances of 1) 14 ft to permit pool 21 ft from street right of way, and 2) 18.5 ft to permit pool enclosure 16.5 ft from street
right of way, at 1949 Oak Ridge Court, Oak Ridge Court Estates, Lot 4, zoned RS 2 (single family
residential).
The Planning Official reviewed the application stating the variances for the pool and enclosure setbacks have been reduced from the June 9 meeting. !
William Fisher, Jr., the applicant, stated they have attempted to address the Board's concerns and have reduced the size of the variances by one third. !
Based upon the information furnished by the applicant, Mr. Homer moved to *grant* a 7 foot variance for the pool and a 10 foot variance for the pool enclosure because the applicant
has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code and they are the minimum necessary to overcome an unnecessary hardship,
subject to the condition that a building permit be obtained within 6 months from this date. The motion was duly seconded and carried unanimously. Request *granted.* !
ITEM #1 Alexandros Galiatsatos for variances of 1) two parking spaces to provide zero additional parking spaces and 2) 2% open space to permit 23% open space for lot to permit 305
sq ft restaurant addition, at 305 Coronado Dr, Columbia Sub #2, Blk A, Lot 2, zoned CR 28 ((resort commercial).
The Planning Official reviewed the application.!
John Laliotis, representing the applicant, stated the Health Department instructed them to improve their food and refrigeration conditions. The expansion of the restaurant is to address
the Health Department's concerns and not to increase seating capacity. In repsonse to a question, Mr. Laliotis stated they are eliminating one parking space. !
Based upon the information furnished by the applicant, Mr. Merriam moved to *grant* the variances as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code, they arise from a condition which is unique to the property and they are the minimum necessary to overcome an unnecessary
hardship, subject to the condition that a building permit be obtained within 6 months from
this date. The motion was duly seconded and carried unanimously. Request *granted.* !
ITEM #2 Isle of Sand Key #1 Condominium Association for a variance of 23.5 ft to allow 4 ft high fence in setback adjoining waterfront, at 1621 Gulf Blvd, Isle of Sand Key #1 Condominiums,
zoned RM 28 (multiple family residential).
The Planning Official reviewed the application stating this variance request is to enclose a swimming pool. The fence would be in the setback adjoining the waterfront and will replace
an existing fence.!
Marilyn Dennis, representing Isle of Sand Key #1 Condominium Association, stated there is an existing wooden fence. One side is fenced with the aluminum picket style fence and they
wish to complete the fencing of the pool with this type fence with four inch openings. Their insurance company requires no larger than six inch openings but they are putting in the four
inch type for added safety.!
Based upon the information furnished by the applicant, Mrs. Dobbs moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a fence permit be obtained
within 6 months from this date. The motion was duly seconded and carried unanimously. Request *granted.* !
ITEM #3 Paul Falkowski for a variance of 2 ft to permit a 6 ft high fence in setback adjoining street ROW where property is not addressed, at 2166 Campus Dr, University Park Unit
1, Lot 8, zoned RS 8 (single family residential).
The Planning Official reviewed the application stating the request is to replace a backyard wooden fence 4 feet high with a 6 foot chain link fence. !
Paul Falkowski, the applicant, stated he has lived at that address for 12 1/2 years. The wooden fence deteriorated to the point that he had to take it down. He is requesting the variance
to replace it with a chain link fence which he feels will have a neater appearance and will provide greater safety for the children in the neighborhood.!
One letter in support was submitted for the record.!
Discussion ensued regarding the proposed height of the fence and the advantages of chain link over wooden.!
Based upon the information furnished by the applicant, Mrs. Dobbs moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and it arises from a condition of the current fence needing replacement, subject to the condition that a fence permit be
obtained within 6 months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Homer and Merriam voted "Aye;" Mr. Gans voted "Nay." Motion
carried. Request *granted.* !
ITEM #4 The Harborage II Condominium Association for a variance of 21 ft to permit 4 ft high fence in setback area adjoining waterfront, at 1631 Gulf Blvd, Harborage II, A Condo,
zoned RM 28 (multiple family residential).
The Planning Official reviewed the application stating this is a request for a fence in the waterfront setback area to enclose a pool.!
Paul Sentman, Harborage II Condominium Association President, stated their insurance requirements require an aluminum picket fence. They wish to install a four foot high aluminum picket
fence with 4 1/2 inch openings. !
Based upon the information furnished by the applicant, Mr. Merriam moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that the fence be an aluminum
picket fence, and that a fence permit be obtained within 6 months from this date. The motion was duly seconded and carried unanimously. Request *granted.* !
The Assistant City Attorney left the meeting at 1:40 p.m.!
ITEM #5 S.J. Vaccaro for variances of 1) 9.13% building coverage to permit 39.13% and 2) 0.3063 to permit 0.6063 floor area ratio, at 1011 N Ft Harrison Ave, J.J. Eldridge Sub, Blk
C, Lots 21 26, 28, 29 and part of Lot 27 AND Palm Bluff 1st Addn, Lot 1 and part of Lot 3, zoned RM 8 (multiple family residential) and CN (neighborhood commercial).
The Planning Official reviewed the application and stated the request is for 2 variances to enlarge an existing building.!
S.J. Vaccaro, the applicant, submitted a revised site plan. He stated the size of the variances has not changed but the parking has been redesigned to improve traffic flow. The parking
required for the enlarged building would be 56 spaces and he has 58. Mr. Vaccaro owns approximately 2 acres of land but cannot use the RM 8 portion for the building. He is proposing
to construct a two story building with a showroom on the upper floor where boats twenty feet and under will be displayed. The lower floor will consist of 9 retail businesses. The new
site plan eliminates the access on Garden Ave. In response to a question, Mr. Vaccaro stated the retail businesses on the lower floor will give him the cash flow he needs to make the
payments on the enlarged building. !
The Planning Official stated the parking required for the retail businesses is provided on the site plan in sufficient numbers. !
Charles Lykes, attorney representing Everybody's Tabernacle, spoke in opposition to the proposed expansion citing concerns regarding a blocked driveway and questioning whether the building
will extend into the right of way. !
Mr. Vaccaro stated he feels his boat dealership will improve the area and he feels the hardship is the fact that he cannot use the RM 8 portion of his property. !
Discussion ensued regarding the fact that North Ft Harrison is in need of development. The Board questioned the additional 5% building coverage and felt there were no conditions or
reasons for granting the variances. Concerns were that the development was too large and too intense for the area.!
Because the applicant has failed to demonstrate a necessity for the variance, Mr. Merriam moved to *deny* the variances as requested because there is no condition which is unique to
the property, no unnecessary hardship was shown, and they are not minimum variances. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Gans and Merriam
voted "Aye;" Mr. Homer voted "Nay." Motion carried. Request *denied*. !
ITEM #6 Emelita Bargar (Fulton) for a variance of 176 sq ft to allow Adult Congregate Living Facility with 7 residents on 7324 sq ft lot, at 3013 St. Croix Dr, Sall's Lake Park 3rd
Addn, Blk K, Lot 8, zoned RS 8 (single family residential).
The Planning Official reviewed the application stating the request is to allow an adult congregate living facility to increase the number of residents from five to seven.!
Donald Fulton, representing the applicant, stated they are now licensed for five residents and wish to increase the number in order to have two live in staff members. This would decrease
the amount of traffic coming and going from the facility. At the present time, they have staff on three shifts. Mr. Fulton showed photographs of the facility to the Board. He stated
the angle of the lot causes the lack of square footage and is the reason for the variance request. Inside the facility they have abundant space. !
One citizen spoke in opposition to the request stating he lives across the street from the facility. He feels increasing the number of residents will intensify the problems that already
exist, parking, increased traffic, and safety of the children in the neighborhood. One letter of opposition was also submitted for the record.!
Mr. Fulton stated they are attempting to eliminate all the neighbors' concerns. None of the residents have cars and by having live in staff they will be eliminating further parking
problems.!
Discussion ensued regarding the service provided to the community by the ACLF.!
Based upon the information furnished by the applicant, Mrs. Dobbs moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a license be obtained
within 6 months from this date. The motion was duly seconded and carried unanimously. Request *granted.* !
ITEM #7 Michael Preston for a variance of 5 ft to permit building separation distance of 15 ft, at 41 Baymont St, Clearwater Beach Park 1st Addn, Blk A, Lot 1 and Blk B, part of
Lots 2 5, zoned CB (beach commercial).
The Planning Official reviewed the application stating the variance request is to expand an existing restaurant on Clearwater Beach. He reviewed previous variances on this property
granted by the Board. !
Jim Dowling, representing the applicant, stated Mr. Preston wants to expand the restaurant by tearing down one of the existing residences. The expansion will be for storage purposes
and not to increase seating area. In response to a question regarding the other existing residence, Mr. Dowling stated it is not abandoned but lived in by one of the restaurant employees.
!
One letter of support was submitted for the record.!
Based upon the information furnished by the applicant, Mr. Merriam moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and it is a minimum variance, subject to the condition that a building permit be obtained within 6 months from this date.
The motion was duly seconded and carried unanimously. Request *granted.* !
The meeting recessed from 2:52 p.m. to 3:05 p.m.!
ITEM #8 Robert Young and Charles Rutledge Jr. for variances of 1) 17 ft to permit building addition 8 ft from street ROW and 2) 3.5% open space for lot to allow 26.5%, at 1005 Howard
St, Belmont Sub 2nd Addn, Blk F, Lots 1 4, zoned OL (limited office).
The Planning Official reviewed the application.!
Calvin Samuel of Mudano Associates stated the variance request is to square off an existing building on the east and west sides to provide additional space for offices. !
Based upon the information furnished by the applicant, Mrs. Dobbs moved to *grant* the variances as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code, they are the minimum necessary to overcome an unnecessary hardship and the squaring off of the building will not increase
the existing non conforming setback, subject to the condition that a building permit be obtained within 6 months from this date. The motion was duly seconded and carried unanimously.
Request *granted.* !
The Assistant City Attorney returned to the meeting at 3:10 p.m.!
ITEM #9 Golda Meir Center for variances of 1) 9 ft to permit pool enclosure 16 ft from street ROW, 2) 5 ft to permit pool enclosure 5 ft from side property line, and 3) 2 ft to permit
6 ft high wall in setback area adjoining street ROW where property is not addressed, at 300 S Saturn Ave, Skycrest Unit A, Blk B, Lots 1 & 8, zoned CG (general commercial).
The Planning Official reviewed the application, stating these variances were previously granted by the Board. The applicant did not request a time extension and, therefore, the requests
are again before the Board. !
Mike Shane, representing the applicant, stated the Golda Meir Center is a privately funded senior day care center. Mr. Shane stated the Board previously approved four variances. The
first variance was for a pool which has now been installed. The time ran out due to a lack of funding and they did not know they could apply for a time extension. They are now applying
for the three additional variances and the funding is complete. The variance requests have not changed and he requested the Board grant them. !
Discussion ensued regarding the request for the 6 foot wall. Mr. Shane stated the wall is a decorative wall to provide screening, privacy, and security. !
Based upon the information furnished by the applicant, Mrs. Dobbs moved to *grant* the variances as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code, these are the same variances as were granted last fall and nothing has changed in the situation and they are the minimum
necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within 6 months from this date. The motion was duly seconded and carried unanimously.
Request *granted.* !
ITEM #10 First Federal Savings & Loan Association of Largo, Ronald Niske and James Pope for a variance to permit vehicle and boat parking on grass surface rather than permanent all weather
surface required by Code, at 1051 US Hwy 19 S, Sec 17 29 16, M&B's 33.03 & 33.04, zoned CH
(highway commercial).
The Planning Official reviewed the application stating this parcel is partially vacant and partially developed. It is a car and boat sales lot which use has been approved by the Planning
and Zoning Board.!
Harry Cline, attorney representing the applicant, stated the parcel is a 3.5 acre site in highway commercial zoning. The applicant received the conditional use a month ago. The variance
request is to display automobiles on the grass portion of the land. Mr. Cline stated there is a pond centered on the land which dominates the property and makes development difficult.
The applicant feels the best way to display automobiles is on the grass which would require less paving and leave the property environmentally the same. Mr. Cline stated there are also
numerous easements on the property which prevent development. Site plan review will address the Board's concerns and the variance could be limited by conditions.!
Discussion ensued regarding the numerous trees on the property and the Board expressed a desire to see these trees protected. Mr. Cline submitted a site plan for the record. !
One letter in support was submitted for the record.!
Attorney Jerry Cobb, representing the seller, spoke in support of the application. One citizen of Seville Condominiums spoke in opposition expressing concern for the trees and stating
that some of the easements are owned by Seville residents.!
Based upon the information furnished by the applicant, Mr. Merriam moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code, the applicant wishes to maintain the existing trees and landscaping and is not changing the nature of the land, and it is
the minimum necessary to overcome an unnecessary hardship, subject to the condition that parking and displaying of boats and automobiles on the grass area apply only to this applicant
or the current purchaser or operator of the automobile and boat sales for as long as it is used for that purpose, and that a permit be obtained within 6 months from this date. The motion
was duly seconded and carried unanimously. Request *granted.* !
ITEM #11 Carlouel Yacht Club for a variance of 20.4 ft to permit building addition 14.6 ft from street ROW on P/SP zoned portion of property only, at 1091 Eldorado Ave, Mandalay Sub,
Blk 70, Lot 12 and part of Lot 11, AND Mandalay Replat, Blk 171, Lots 6 11, zoned RS 8 (single family residential) and P/SP (public/semi public).
Mr. Homer stated he is a stockholder in Carouel Yacht Club and would be abstaining from consideration of this item.!
The Planning Official reviewed the application.!
Attorney Harry Cline, representing the applicant, stated this variance request was previously before the Board. At that time, the measurements were incorrect and the storage area is
more intrusive into the setback than they thought. The building was constructed in good faith, consistent with the plans, but the measurements were incorrect. Mr. Cline suggested the
City require a new survey prior to remodeling construction in the future. Mr. Cline stated the configuration of the property constitutes the hardship.!
Based upon the information furnished by the applicant, Mr. Merriam moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship due to a prior variance being granted. The motion was
duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Gans, and Merriam voted "Aye;" Mr. Homer abstained. Motion carried. Request *granted.*!
ITEM #12 Chautauqua Co for a variance of 10 ft to permit 25 ft structural setback from secondary street ROW (2nd St E only), at 2185 and 2186 Centerview Ct N, and 2107 and 2108 Centerview
Ct S, Lake Chautauqua Estates, Lots 7, 8, 13 & 14, zoned RS 2 (single family residential).
ITEM #13 Chautauqua Co for a variance of 10 ft to permit 25 ft structural setback from secondary street ROW
(McCormick Dr only), at 2150 Centerview Ct N, Lake Chautauqua Estates, Lot 1, zoned RS 2 (single family residential).
The Planning Official reviewed the applications for Items #12 and #13 stating the development is in northeast Clearwater. The variance requests are setback variances from two streets
and there are five lots affected.!
Douglas Roach, general partner in Chautauqua Company, stated the property was annexed into the City and has met all Code requirements. Some of the lots were developed under County rules
which are less stringent than the City's requirements. The County has lesser side setbacks and larger houses were allowed to be built. Mr. Roach requested the City not place a six months
limitation for obtaining the building permit as not all of the lots have been sold.!
Two letters in support were submitted for the record.!
Based upon the information furnished by the applicant, Mr. Homer moved to *grant* the variances as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and they are the minimum necessary to overcome an unnecessary hardship, subject to the condition that the variances apply
to the following lots: Lake Chautauqua Estates, Lots 7, 8, 13, 14, and 1, and that a building permit be obtained within *1 year* from this date. The motion was duly seconded and carried
unanimously. Request *granted.* !
ITEM #14 Oxford/Concord Investments #1 for a variance of 0.39% open space for lot to permit 24.61%, at 2351 US Hwy 19 N, Cypress Pt Shopping Center, Lot 1, zoned CC (commercial center).
The Planning Official reviewed the application stating the variance request is for a storage facility behind Home Depot in Cypress Point Shopping Center. !
Nathan Hightower, attorney representing the applicant, stated the variance request is for an outdoor storage merchandise area. A conditional use was granted subject to a 6 foot fence
being erected with landscaping 8 feet high. The applicant has agreed to provide even higher landscaping to buffer the area from adjacent residential areas. Mr. Hightower stated there
would be no customer access to the facility, it would be for storage only, and the Fire Marshal is in favor of the request. The previous variance that was before the Board was for twice
the amount of square footage. The square footage has now been reduced to 6500 square feet and trees, shrubbery, and pervious concrete will be used. !
Steve Maxey, Home Depot Real Estate Division, stated they are attempting to clean up the area behind Home Depot and need the enclosure to house merchandise. Mr. Maxey stated landscaping
will be provided above what is required and will improve and increase the green space area. In response to a question, Mr. Maxey stated nothing will be stacked above the height of the
fence. !
Based upon the information furnished by the applicant, Mr. Merriam moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval
as listed in Section 137.012(d) of the Land Development Code and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building or other permit
be obtained within 6 months from this date. The motion was duly seconded and carried unanimously. Request *granted.* !
MINUTES!
The consensus of the Board was to *continue* approval of the minutes of the June 9, 1988 meeting to the meeting of July 14, 1988.
The Planning Official reported to the Board the Pick Kwik Market, Clearwater Beach, window signs have not been permitted and Pick Kwik will be required to either get a permit or remove
the signs. Regarding the Takeaway Deli on Clearwater Beach, the permit is for five window signs. A code inspector will be going out to measure the signs. !
Mr. Gans reported there are still used cars for sale in the right of way along U.S. 19. He reported the sign for the Mazda dealership adjacent to the Holiday Inn looks excellent.!
Mr. Homer reported the Workplace sign along U.S. 19 cannot be seen as it is obstructed by a tree. !
Mr. Gans reported a radio tower 100 foot high at 3005 Sarah Drive. The Planning Official stated it is in the County. He also reported the Thomas home on Clearwater Beach has not yet
been landscaped. Mr. Gans reported Julie's Restaurant on Clearwater Beach has now put 4 tables and 16 chairs out in front in addition to the tables upstairs, with only 4 parking spaces.
Mr. Merriam reported at a variance hearing heard May 11 for 643 Harbor Island, the applicant gave misleading information. The one month the Board gave the applicant to obtain his fence
permit has expired and no permit has been granted. The Planning Official stated he would handle the situation. !
The meeting adjourned at 4:57 p.m.!