06/10/1993 DEVELOPMENT CODE ADJUSTMENT BOARD
June 10, 1993
Members present:
Emma C. Whitney, Vice-Chairman
Otto Gans
John B. Johnson
Joyce E. Martin
Members absent:
Alex Plisko, Chairman (excused)
Also present:
Miles Lance, Assistant City Attorney
Sandy Glatthorn, Senior Planner
Susan Stephenson, Deputy City Clerk
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Vice-Chairman at 1:02 p.m. in the Commission Chambers of City Hall. She outlined the proce dures 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. She 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 - (Cont. from 5/27/93) Scot M. Trefz for vari ances (1) of 3 ft to allow perimeter landscape buffer of 4 ft where 7 ft is required (eastern p/l) and of 5 ft to allow perimeter
landscape buffer of zero ft where 5 ft is required (southern p/l); (2) of 3 ft to allow circulation aisle zero ft from perimeter landscape where 3 ft is required and 2 ft to allow parking
space 1 ft from perimeter landscape where 3 ft is required; and (3) to allow turf block or permeable concrete on circulation aisle at rear of property at 125 S Belcher Rd, Sec 18-29-16,
M&B 23.04, zoned CG (general commer cial). V 93-40
In accordance with a written request from the applicant, Mr. Johnson moved to continue this item to on or before the meeting of August 26, 1993 to allow time for the applicant to work
with staff in finalizing the application. The motion was duly second ed and carried unanimously.
1. City of Clearwater for variances of (1) 13 ft to allow a structure 12 ft from street right-of-way where 25 ft is required; and (2) 20 ft to allow a lot width of 50 ft where 70 ft
is required at 918 Plaza St, Plaza Park, Blk G, Lot 10, zoned RM 12 (multi-family residen tial). V 93-42
Senior Planner Glatthorn stated the Clearwater Neighbor hood Housing Services, Inc., is engaged in a partnership with the Challenge 2000 Infill Housing Program and the City of Clearwater
to build new homes in the North Greenwood area that are afford able to low and moderate income families. She explained the application in detail, stating the applicant wishes to construct
a single family residence on a legal non-conforming lot which was platted in 1909 and is considered a standard lot for the area.
Gerry Spilatro, representing the applicant, gave a brief history of the project. He said this variance request is for the twenti eth home to be built under this program and this is
only the third time a variance has been requested. He displayed a photo graphic layout of the project and spoke of the positive publicity being received. He stated the proposed house
is only 32 feet in width, is attrac tive and the request is minimal.
In response to a question, Mr. Spilatro indicated a tree survey will be ordered prior to construction; however, he believes the three huge trees at the rear of the site will remain.
This was felt to be a wonderful project and it was questioned if this revitalization of the North Greenwood area is solely resi den tial, or is related to business as well. Mr. Spilatro
indi cated the program is important to the economic development of the area because it provides training and technical financial assis tance to residents.
Steve Watry, Community Development Housing Specialist, spoke in support of the application. He said the City sponsors and strongly supports the Infill Housing efforts and the provision
of affordable housing opportunities.
Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances as requested because the applicant has substantially met all of the standards for approval
as listed in Section 45.24 of the Land Development Code, more specifically because, the variances arise from a condition which is unique to the property and are not caused by the owner
or applicant and the variances are the minimum necessary to overcome the hardship created by the corner lot size subject to the following condi tions: 1) this variance is based on the
application for a variance and documents submitted by the appli cant, including maps,
plans, surveys, and other documents submitted in support of the applicant's request for a variance. Deviation from any of the above documents submitted in support of the request for
a vari ance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect and 2) the requisite
build ing permit shall be obtained within one year from the date of this public hearing. The motion was duly seconded and carried unani mously.
II. Approval of Minutes of May 13 and May 27, 1993
A request was made to change the wording in the motion on page 12 from "requirements" to "recommenda tion." Mr. Gans moved to approve the minutes of May 13, 1993 as amended. The motion
was duly seconded and carried unanimously.
Mr. Gans moved to approve the minutes of May 27, 1993, in accor dance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously.
III. Board and Staff Discussion
Ms. Whitney stated she was present for staff's inspection of the Pelican Restaurant site and she expressed concern regarding the parking situation. She indicated the restaurant depends
on off-site parking spaces that will no longer exist if the shopping center development proposed by BJE, Inc./Pelican Two takes place.
In addition, Ms. Whitney was concerned that a Unity of Title would not be possible because the properties are under different owner ship. She expressed concern the facts pre sented
were inaccurate regarding ownership of the two properties. Since the variances granted to BJE, Inc. (V 93 36; 5/13/93) are condi tioned upon getting the Unity of Title, she felt the
situation invali dated the variances.
Ms. Glatthorn stated, under the new proposal, the Pelican Restau rant will be considered as part of the retail center and the proposal meets the overall require ments of the code. She
agreed a Catch-22 exists because parking for the existing restau rant cannot be provided until construc tion on the site is complet ed. However, as a condition of the variance approval,
the site plan will not be certified and construction cannot proceed until the Unity of Title is provided. She said that, according to the City Attorney, all the properties involved
are not required to be owned by the same person for a Unity of Title to be obtained.
Assistant City Attorney Lance stated action can be taken if it is determined that misrepresen tation of information material to the case did occur. This could result in the applicant
not being allowed to proceed, or having to remove any completed construc tion. In response to a question, he stated the Board cannot rescind variances without scheduling and advertis ing
another public hearing, and the applicant should be given the opportunity to be present.
Ms. Whitney expressed a desire to review the final site plan with staff before it is approved.
Discussion ensued regarding the proposed final order in the Hearing Officer appeal of L.O.M/Surf West heard on May 11, 1993.
Discussion ensued regarding a citizen's concern that the Develop ment Code Adjustment Board (DCAB) is impeding problem solving by the City Commission.
It was noted the Advisory and Regulatory Boards list contains outdated information regarding the duties of the Develop ment Code Adjustment Board. Staff is to update the list.
Discussion ensued regarding whether or not the City's building and zoning codes are too restrictive, requiring too many varianc es to make reason able use of one's land. It was felt
the eight standards for approval of variances are too strict and there was some discussion of asking the City Commission to look at reducing those standards.
IV. Adjournment
The meeting was adjourned at 2:45 p.m.
Chairman
ATTEST:
Assistant City Clerk