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09/08/1994 MINUTES DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, September 8, 1994 - 1:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION Members present: Alex Plisko, Chair Emma C. Whitney, Vice-Chair Otto Gans Members absent: Joyce E. Martin John B. Johnson Also present: John Richter, Senior Planner, Central Permitting Miles A. Lance, Assistant City Attorney Sue Diana, Assistant City Clerk Sally Demarest, Board Reporter The meeting was called to order by the Chair at 1:00 p.m. in the Commission Chambers of City Hall. Mr. Plisko outlined procedures and advised 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. Minutes of the August 11, 1994, and August 25, 1994, meetings were approved as written. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. B1. Francis J. & Kristin R. Ferraro (Colonial Mechanical Inc.) for a variances of 3.3 ft to permit a 6.7 ft setback from a side (east) property line where 10 ft is required; two additional parking spaces to permit zero additional parking spaces where two are required; and 4.5 ft to permit a lot width of 55.5 ft where 60 ft is required for a 400 sq ft office addition at 804 Pinellas St, Milton Park, Blk 10, Lot 11, zoned OL (Limited Office). V 94-47 This item was continued from August 25, 1994, meeting to allow the applicant an opportunity to negotiate for parking with the nearby church, and to submit a cross parking agreement letter for three parking spaces from the church. Mr. Steven Klar had indicated to Mr. Richter that the applicant requested a continuance because the informtion he had requested in support of his application had not been received from the church. Motion by Mr. Gans duly seconded and unanimously approved, continued this item to the September 22, 1994, meeting. C1. L. M. Loken (Imperial Square Produce Market) for a variance of 12 parking spaces to permit 15 parking spaces where 27 parking spaces are required to allow indoor and outdoor retail sales at 1496 S Belcher Rd, Sec 24-29-15, M&B 41.05, zoned CG (General Commercial). V 94-51 This item was continued from the August 25, 1994, meeting to allow the applicant to secure the required parking spaces. Due to the owners' inability to attend this meeting and at his request, motion by Ms. Whitney, duly seconded continued this item to the October 13, 1994, meeting. C2. Robert F. McManamon for variance of 15 ft to permit a structural setback of 10 ft from a street (Landmark Dr) right-of-way where 25 ft is required to allow an above ground spa at 1864 Oak Forest Dr W, Forest Woods Estates, Lot 33, zoned RS 6 (Single Family Residential 6). V 94-53 Senior Planner John Richter explained that the applicants received a permit to construct slab for a proposed spa, to be aligned with existing swimming pool, and a permit for an existing 6' high fence. Subject property line borders Landmark Drive, a "paper street" which is overgrown with thick woods, and numerous big oak trees. An existing fence obstructs the proposed spa location from adjoining properties. To observe required 25 ft. setback from Landmark Drive property line would preclude the applicant from locating a spa in his yard. Staff reports the variance is necessary for the purpose of making a reasonable use of the property, and the granting of the variance will not violate the intent and general spirit of the Land Development Code. Mr. Robert McManamon, 1864 Oak Forest Drive West, Clearwater, the applicant, complimented Mr. Richter on his presentation. He offered two letters from Mr. William Baker and his physician in support of his request. There were no other persons present or documents submitted in support or opposition to the application. Based upon the information furnished by the applicant, Ms. Whitney moved to grant the variance 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 variance arises from a condition which is unique to the property and was not caused by the owner or applicant subject to the following conditions: 1) this variance is based on the application for a variance and documents submitted by the applicant, 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 variance 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 building permit(s) shall be obtained within six months from the date of this public hearing. The motion was duly seconded and unanimously approved. C3. Norman D. Beach for variances of 5 ft to permit a structural setback of 20 ft from a street (Ewing Ave) right-of-way where 25 ft is required; 13 ft to permit a minimum lot width of 57 ft for a corner lot where 70 ft is required to allow a new detached single family dwelling at 922 Pinellas St, Milton Park Sub, Blk 11, Lot 12, zoned RS 8 (Single Family Residential 8). V 94-54 Sr. Planner Richter explained the application in detail, indicating the property is located in the South Greenwood area, at the corner of Ewing and Pinellas Streets. The existing structure, a one story frame building built prior to current development code, will be demolished. Proposed new construction will follow existing pattern of development. Staff supported the request mainly due to the corner lot and existing setbacks of Ewing Avenue, which will enable the applicant to make a reasonable use of the land, and that the granting of the variances will have no adverse impact on the adjoining properties. Mr. Norman Beach, 920 Pinellas Street, Clearwater, a general contractor, spoke as owner of the premises. He read a letter dated October 19, 1993, addressed to Mr. Paul Castle from Mr. William Baker for the record. There were no persons present or documents submitted in support or opposition to the application. Based upon the information furnished by the applicant, Ms. Whitney moved to grant the variance 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 variance arises from a condition which is unique to the property and was not caused by the owner or applicant subject to the following conditions: 1) this variance is based on the application for a variance and documents submitted by the applicant, 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 variance 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 building permit(s) shall be obtained within six months from the date of this public hearing. The motion was duly seconded and unanimously approved. The following Land Development Code Amendments were also considered: D1. (cont. from 8/25/94) ORDINANCE NO. 5666-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.23, CODE OF ORDINANCES, TO INCREASE THE ALLOWABLE HEIGHT BONUS FOR STRUCTURES PROVIDING PARKING BENEATH THE BUILDING IN CERTAIN ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE. This item was approved for recommendation to the City Commission by Motion of Mr. Gans, duly seconded and unanimously approved. D2. (cont. from 8/25/94) ORDINANCE NO. 5667-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; CREATING SECTION 36.039, CODE OF ORDINANCES, TO ESTABLISH A TROPICAL SEASCAPE DESIGN REVIEW COMMITTEE, AND TO ESTABLISH POWERS, DUTIES, AND JURISDICTION FOR THE COMMITTEE; PROVIDING AN EFFECTIVE DATE. This item was continued until the September 22, 1994, meeting by motion of Ms. Whitney, duly seconded and unanimously approved. D3. (cont. from 8/25/94) ORDINANCE NO. 5668-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING VARIOUS SECTIONS WITHIN CHAPTERS 35, 36, 40, 41, AND 42, CODE OF ORDINANCES, TO REVISE THE ALCOHOLIC BEVERAGES SALES REGULATIONS, ESTABLISH NEW DEFINITIONS, CREATE A NEW APPEALS PROCESS, ESTABLISH A NEW "NIGHTCLUBS, TAVERNS, AND BARS" USE, AND ESTABLISH CONDITIONAL USE STANDARDS; PROVIDING AN EFFECTIVE DATE. This item was continued to the September 22, 1994, meeting by motion of Ms. Whitney, duly seconded and unanimously approved. D4. ORDINANCE NO. 5681-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION, CODE OF ORDINANCES, TO ESTABLISH DEFINITIONS FOR "BLOCK" AND "BLOCKFACE;" AMENDING SECTION 42.24 TO REVISE REQUIREMENTS FOR STRUCTURAL SETBACK REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. Senior Planner Richter explained several of the features of the Central Permitting Department work program realtive to development of a comprehensive revision of the Setback Section of the Land Development Code scheduled for this fiscal year. A short discussion ensued. Motion by Ms. Whitney, duly seconded, approved this item for recommendation to the City Commission. There were no Chairman's or Director's items presented. BOARD AND STAFF COMMENTS A comment was made about the July 28, 1994, minutes relative to "concern was expressed..." regarding contractors' installation of signs. Mr. Richter offered to have more information at the next board meeting. A short discussion ensued relative to sidewalk cafes and whether McDonald's qualifies as a restaurant according to law. It was questioned as to whether there were code violations on the property. Mr. Galbraith's opinion regarding contiguous property was mentioned. A letter received by the City Clerk's office this date from Mr. and Mrs. Fina, neighbors of the Lowreys (V-94-46), indicated that they did not believe they had been given sufficient notice relative to the Lowrey application. Sr. Planner Richter offered affidavit of mailing of notice and and copy of newspaper advertisement as proof of proper notification. The walls at the northeast corner of Druid and Magnolia Drive were mentioned. Sr. Planner Richter introduced Ms. Sally Demarest and indicated that in the future she will serve as board reporter. ADJOURN: By motion duly seconded, the meeting adjourned at 1:53 p.m. ______________________________________ Chairman