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01/24/1991 DEVELOPMENT CODE ADJUSTMENT BOARD January 24, 1991 Members present: John W. Homer, Chairman Kemper Merriam Thomas J. Graham Alex Plisko Emma C. Whitney Also present: Scott Shuford, Planning Manager Sandy Glatthorn, Planning Official Mary K. Diana, Assistant City Clerk The meeting was called to order by the Chairman at 1:05 p.m. in the Commission Chambers 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. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. 1. City of Clearwater (City Marina) for a variance of 10 ft to permit 0 ft buffer between parking lot and street right-of-way at 25 Causeway Blvd., City Park Sub, Lots 10-13, zoned P/SP (public/semi-public), OS/R (open space/recreation) and CB (beach commercial). V 91-04 This request was withdrawn by the applicant. 2. A. G. Spanos Construction, Inc. (Marketplace Apartments) for a variance of 5 ft to permit 0 ft landscaped buffer strip between parking lot and adjoining nonresidentially zoned property at 3021 State Road 590, South Oaks Fashion Square, Lot 2, zoned IPD (industrial planned development). V 91-05 Mr. Graham declared a conflict of interest with regard to this case. The Planning Official explained the application stating the construction of a retaining wall for the multiple development known as Marketplace Apartments was necessary due to a grade change between the adjacent property and the subject site. He said a revised landscape plan has been submitted and has been approved by the City's Urban Forester. Charles Brandt, project manager, distributed photographs of the site taken from the subject and adjacent properties, a revised landscape plan and a drawing of the wall system. He indicated the grade change was so extreme a massive retaining wall requiring a 5-foot wide footing was necessary and encroached into the planned landscape buffer strip. He indicated the wall is aesthetically pleasing as the stucco finish matches the existing building and supports a 4-foot railing. Discussion ensued in regard to the replacement of the landscaping damaged and removed due to excavation of the site. In response to questions, it was indicated the wall is built in approximately 2 to 3 feet from the property line and landscaping will be provided in front of the wall along S.R. 590 and will be in excess of code requirements. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variance as requested because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, more specifically, because the variance arises from a condition which is unique to the property and was not caused by the applicant due to the considerable grade at the point at which this retaining wall had to be placed and it is the minimum necessary to overcome the hardship created by the topography of the land subject to the condition that additional trees and shrubs equivalent to those which would have been required to be planted in the subject landscape strip shall be installed in the landscaped areas within close proximity of the requisite strip. The new landscape plan shall be subject to approval by the City's Urban Forester and shall be installed prior to July 10, 1991. The motion was duly seconded and upon the vote being taken, Mrs. Whitney, Messrs. Merriam, Plisko and Homer voted "aye;" Mr. Graham abstained from voting. Motion carried. Request granted. II. Board Comments Mr. Homer said he has enjoyed serving on the board with Mr. Merriam whose term will expire on January 31, 1991. Mr. Homer questioned the citing of flag violations due to the present crisis in the Middle East. Mr. Plisko requested staff investigate possible code violations at the Perma House. Staff is to investigate and report at the next meeting. III. Minutes of January 10, 1991 Mrs. Whitney moved to approve the minutes of January 10, 1991 in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. IV. Adjournment The meeting adjourned at 1:33 p.m.