05/28/1992 DEVELOPMENT CODE ADJUSTMENT BOARD
May 28, 1992
Members present:
Alex Plisko, Chairman
Emma C. Whitney, Vice-Chairman
Otto Gans
John W. Homer
Absent:
Thomas J. Graham - excused
Also present:
Miles Lance, Assistant City Attorney
Jim Polatty, Director of Planning and Development
Scott Shuford, Planning Manager
Susan Stephenson, Deputy City Clerk
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Chairman at 1:00 p.m. in the Commission Chambers of 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 weeks. He noted 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.
I. Time Extensions
A. (2nd request for exten sion) Charles E. Knell, as Trustee, for variances of 1) 7 ft 11 inches to permit height of 32 ft 11 inches as measured to midpoint of a sloped roof, 2) 1
ft 11 inches to permit ridge height 5 ft 11 inches above midpoint of sloped roof and 3) 33 ft 4 inches to permit house 33 ft 4 inches beyond Coastal Construction Control Line (CCCL)
at 1170 Mandalay Point Road, Mandalay Point Sub, Lots 18, 18A, 19 and 19A, zoned RS-4 (single-family residen tial) and OS/R (open space/recreation). V 91-02
Tom Nash, attorney representing the applicant, stated the above variances were granted conditioned upon state DNR approval being obtained. A six-month time extension is being requested
as final approval has not been received.
In response to a question, Mr. Nash indicated State approval is being actively sought and it is hoped the application will go through the first time.
Ms. Whitney moved to approve a six-month time extension to January 10, 1993. The motion was duly seconded and carried unanimously. Request granted.
II. Public Hearings
1. Edward P & Cynthia B Malinski for a variance of 20 ft to allow a pool, deck, and enclo sure 10 ft from a street right-of-way at 3384 Lake Shore Lane, Wynwoods Landing, Lot 11, zoned
RS 4 (single family resi den tial). V 92-26
Planning Manager Shuford explained the application in detail stating the applicant wishes to construct a new in-ground swimming pool with a deck and screen enclosure on an irregularly-shaped,
double frontage lot. Mr. Shuford recommended eliminating the suggested condition to meet the landscaping requirements at the property line if the variance is approved since there is
an existing four foot fence.
Edward P. Malinski, owner and applicant, stated he believed the lot was pool-sized when it was purchased 3½ years ago and feels the pool should be situated north/south on the lot. They
desire a deck and feel the width of the proposed pool is necessary for safety reasons. He stated the adjacent property owners support the request.
A petition with 16 signatures was submitted in support of the application.
Based upon the information furnished by the applicant, Mr. Gans 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 not caused by the owner
or applicant; the particular physical surroundings of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship
upon the applicant subject to the conditions: 1) the swimming pool and the deck en closure shall be constructed as per the site plan and 2) the requisite building permit shall be obtained
within six (6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted.
2. Marinco, a Florida General Partnership, for
variances of (1) 12.5 ft to permit house 37.5 ft high; (2) 6 ft to per mit roof to project 10 ft above midpoint; and (3) 0.75 ft to permit house 4.25 ft from side property line at 1070
Eldorado Ave, Mandalay Sub, Blk 70, Lot 7, zoned RS 8 (single fami ly residential). V 92-27
Mr. Plisko declared a conflict of interest with regard to this application.
It was stated for the record the correct street address is 1076 Eldorado Avenue. Discussion ensued regarding whether or not readvertisment is necessary. Assistant City Attorney Lance
indicated readvertisment is not required as the legal description of the lot was listed correctly. It was later determined that 1070 Eldorado Avenue is the correct address for the subject
lot.
Planning Manager Shuford explained the application in detail stating the applicant wishes to construct a single-family residence. Due to a recent code amendment, variance #1 was reduced
to 7.5 feet to permit a house 37.5 feet high. He stated the air conditioning platform projects nine inches (.75 feet) into the side setback and requires a variance because it is elevated.
Mr. Polatty arrived at 1:30 p.m.
Richard Churchill, architect representing the applicant, stated sound baffling limits effective operation of air conditioning units; however, as new units are quieter and the platform
is elevated, he feels there will be no noise problem. He stated modifications would be made if there were any complaints from the neighbors.
In response to questions, Mr. Churchill indicated the elevated platform was built to be accessible from a deck area of the house. He feels it would be noisy and impractical to locate
the platform at the rear of the house as all living spaces open out into the back. He stated the proposed house will be a family home owned by a family corporation.
Mr. Churchill described drawings of the proposed house and stated the higher roof pitch is desirable to preserve the architectural integrity of the house and blend with the beach surroundings.
Discussion ensued regarding windows on the north side extending one inch into the side setback. Clarification was requested regarding whether or not variance #3 for .75 feet applies
to both sides of the property. Mr. Shuford indicated the intent of the application was to allow up to .75 feet on each side allowing for slight shifting of the house on the lot and
the applicant was instructed by staff to request the side setbacks in this manner. Concern was expressed this request is deceptive and does not accurately reflect what is being requested.
Consensus of the Board was to permit variance #3 to encompass both sides of the property.
One citizen, representing the property owner to the north, spoke in support of the application.
In response to questions, it was indicated the subject lot is the southernmost of two adjacent lots owned by the family corporation, each 60 feet wide by 110 feet deep.
Concern was expressed that requesting variances to build on one lot in order to keep the other lot available to other family members creates a self-imposed hardship. It was indicated
they are two separate lots.
Based upon the information furnished by the applicant, Mr. Homer moved to grant #1 a vari ance of 7.5 feet to permit house 37.5 feet high and variances #2 and #3 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 variances are the minimum
necessary to overcome the hardship created by the substandard 60 foot lot width and the necessity to elevate the air conditioning system on the south side of the property causing intrusion
into the side property line subject to the conditions: 1) the air condi tioning unit located on the platform shall be screened from the adjacent property and the street with materials
to reduce noise and 2) the requi site bui lding permit shall be obtained within six (6) months from the date of this public hearing. The motion was duly seconded and upon the vote being
taken, Ms. Whitney, Messrs. Homer, and Gans voted "aye"; Mr. Plisko abstained. Motion carried. Request granted.
III. Board and Staff Discussion
Concerns were expressed regarding apparent inconsistencies in interpretation of the FEMA 50 percent rule and clarification was requested. Jim Polatty, Director of Planning and Develop ment,
indi cated review of plans for building permit aplications differs from review of variance requests. Mr. Polatty stated he wishes to appoint a committee to investigate whether or not
implementation of the rule is consistent and asked for volunteers.
Discussion ensued with regard to parking at the Pelican Restaurant. It was indicated a temporary parking permit was issued in error.
In response to a question, it was indicated an item addressing parking on front lawns will come before the Commission in June or July.
Discussion ensued regarding whether or not the Board should be involved in code violations. It was felt that code enforce ment is not the Board's directive, but a matter worthy of pursuit
by the members as private citizens. Mr. Polatty commended the Board for their personal efforts in reporting violations. He explained job
duties in the Planning Department have been reorganized and a new system is being implemented to track code violations, report back to the Board and to improve consisten cy and reduce
errors in the Planning and Develop ment Depart ment.
Discussion ensued regarding various sign code violations, having dumpsters in front of properties on Clearwater Beach and landscap ing requirements for parking lots. Mr. Polatty invited
members to examine site plans in his office if they choose.
In response to a question, Mr. Shuford indicated the staff recommen da tions report will continue to be provided for each application.
Mr. Plisko complimented the Planning Department on acknowledging needed code changes which will allow a move toward better architec ture.
IV. Approval of Minutes of May 14, 1992
Ms. Whitney moved to approve the minutes of May 14, 1992, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously.
V. Adjournment
The meeting was adjourned at 2:48 p.m.
Chairman
ATTEST:
Assistant City Clerk