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10/22/1992 DEVELOPMENT CODE ADJUSTMENT BOARD October 22, 1992 Members present: Alex Plisko, Chairman Emma C. Whitney, Vice-Chairman Otto Gans John W. Homer John B. Johnson Also present: Miles Lance, Assistant City Attorney Scott Shuford, Planning Manager Sandy Glatthorn, Senior Planner Mary K. Diana, Assistant 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. Public Hearings Item A - (continued from 9/24/92) David J Gangelhoff (Gulf Marine of Clwr, FL) to permit variances of (1) an unpaved vehicle (boat) storage area; and (2) 2 ft to permit a fence 6 ft in height at 405 N Ft Harrison Ave, Sec 9-29-15, M&B 44.02; Fort Harrison Sub, Lot 1; Hart's 2nd Add to Clwr, Blk 3, Lots 5 thru 10, part of Lot 3, and part of vacated alley; and Jones' Sub of Nicholson's Add, Blk 3, Lots 6 thru 10, zoned CG (General Commercial). V 92-44 Concern was expressed the applicant has not submitted a site plan as specified at the meeting of August 27, 1992. Robert W. Bell and Lori Nelson, representing the applicant, stated they have been working with the City's Planning and Development Department and are drawing up the final revisions to the plan. Mr. Homer moved to continue this item to the meeting of November 12, 1992 in order for the applicant to submit the site plan as requested on September 24, 1992. The motion was duly seconded and carried unanimously. Item B - (continued from 9/24/92) City of Clearwater (Island Estates Marina Station expansion) to permit variances of (1) 2.6 ft to permit 24 ft of clear space; and (2) two parking spaces to permit four additional marina slips at 205 Windward Passage, Island Estates of Clwr Unit 5, Blk D, Lot 7, zoned CG (General Commercial) and AL/C (Aquatic Lands/Coastal). V 92-50 Planning Manager Shuford explained the application in detail stating the applicant has revised the application to maximize the clear space by providing fewer parking spaces. In the revised plan, water retention has been provided in the southeast corner of the facility and the remaining two handicapped parking spaces are located closer to the boat ramp. He stated there is no way to provide the total required clear space due to the pie-shaped lot. As parking will be by permit only, he does not anticipate the two space variance will cause any problems. Bill Held, City Harbormaster, explained the revised site plan, dated October 16, 1992. He stated there will be no boat slips along the east side of the dock, no dredging is required, the marina facility will be unstaffed and the landscaping will be in accordance with code. In response to a question, Peter Yauch, City Traffic Engineer, said the right-of-way on the north side of Windward Passage is City-owned and it is preferred it not be used for overflow parking. Concern was expressed the marina parking would not be sufficient on weekends and holidays for boaters and their guests. Mr. Held indicated parking permits may be obtained in advance of any potentially busy period and he felt the parking would be adequate. A suggestion was made to reconfigure one section of the parking layout where space width was questioned. Staff is to provide a copy of the final site plan to the Board. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variances 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 lot configuration subject to the conditions: 1) parking shall be by permit only; 2) all marina facility lighting shall be directed away from residential land uses; 3) no habitable buildings or structures shall be constructed; 4) the applicant shall apply for a variance from the Building/Flood Board of Adjustment and Appeal for a variance to permit construction within 18 feet of the existing seawall; 5) the City shall amend the site plan to reconfigure the three parking spaces near detention area #3 and 6) the requisite building permit shall be obtained within one year from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. Item C - (continued from 10/8/92) Robert L and Janet M Schueszler for variances of (1) 6.5 ft to permit a lot width of 63.5 ft where 70 ft is required; and (2) 15 ft to allow a garage addition 10 ft from street right-of-way where 25 ft is required at 1440 Rogers St, Breeze Hill, Blk A, Lot 11, zoned RS 8 (Single Family Residential). V 92-52 Planning Manager Shuford explained this application was continued to determine why a garage depth of 42 feet is desired. Art Shand, architect representing the applicants, stated they wish to add a two-car garage to their existing single family home. He indicated they are willing to reduce the size of the garage to bring it in line with the front of the house for aesthetics. The applicants desire the addition to have sufficient depth to permit storage due to the elimination of an existing storage shed on the property. Mr. Shand indicated an existing detached garage on the property is filled with tools and heavy machinery and is being used as a workshop. In response to questions, Mr. Shand stated a van and trailer currently parked beside the house are used in Mr. Schueszler's business. It was not known if these vehicles would be parked in the proposed garage, nor how long the applicants have owned the home. In response to questions regarding the hardship, Mr. Shand stated Mr. Schueszler is in poor health, with failing eyesight and the applicants desire a secure environment for parking their cars, entering their home and storing their belongings. Concern was expressed the lack of storage is self-imposed due to the use of the existing garage as a workshop. Concern was expressed the proposed size of the addition is not the minimum for a two-car garage. Mr. Shand responded the applicants are planning ahead for their future and extra space could be needed for maneuvering a wheelchair if Mr. Schueszler was to require one in the future. In response to questions, Mr. Shand said he estimates Mr. Schueszler's age to be around 70 and he believes the applicants could attend a meeting, if necessary. Mr. Shand requested a continuance to allow the applicants to be present to answer further questions regarding the size of the addition and whether or not a hardship exists. It was pointed out if the applicant's property was located on an interior lot rather than a corner lot, the structure could be erected without a variance. Ms. Whitney moved to continue this item to the meeting of November 12, 1992 in order for the applicants to be present to show is a hardship exists. The motion was duly seconded and carried unanimously. Request granted. II. Board and Staff Discussion A question was raised should cases be continued to allow applicants another opportunity to show whether a hardship exists and whether their request is minimal. Staff was requested to investigate possible code violations at Gionis Plaza. III. Adjournment The meeting was adjourned at 2:21 p.m.