02/09/1995 MINUTES
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, February 9, 1995 - 1:00 p.m.
Commission Chambers, 112 South Osceola Avenue, Clearwater, FL
Members present:
Alex Plisko, Chair
Emma C. Whitney, Vice-Chair
Joyce E. Martin
Otto Gans
John B. Johnson
Also present:
John Richter, Senior Planner, Central Permitting Dept.
Miles Lance, Assistant City Attorney
Sally Demarest, Board Reporter, City Clerk Department
The meeting was called to order by the Chair at 1:03 p.m. in the Commission Chambers of City Hall. Ms. Whitney led the Pledge of Allegiance and invocation. Mr. Plisko outlined procedures
and advised anyone adversely affected by any decision of the Development Code Adjustment Board may file an appeal with the City Clerk Department 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.
By motion duly seconded, the minutes of the January 12, 1995 were approved with correction to condition 5), item B-5. The January 26, 1995 meetings were approved as submitted.
The following variance request was considered:
B1. cont from 1/12/95) Alpha Beach Resort, Inc./Stephen Ginez (Quality Inn Beach Resort) for variances of (1) 6 percent to permit a minimum open space for the lot of 19 percent where
25 percent is required; and (2) 25.4 ft to permit 24 ft of continuous clear space where 49.4 ft is required to allow a new parking structure at 655 S. Gulfview Blvd., Bayside Sub. No.
5, Blk C, Lots 8-11 and riparian rights, zoned CR 28 (Resort Commercial). V 95-06
Senior Planner John Richter distributed a letter dated February 6, 1995 from Harry S. Cline of MacFarlane, Ausley Ferguson & McMullen, Attorneys, recently retained by the applicant.
Mr. Cline requested a continuance of the application for an additional 45 days to enable the firm to have sufficient time to review the circumstances of the application.
Attorney David Foster, spoke as representative for Ted and Marie Leonard, of Chicago, Illinois,
owners of the adjoining property. Assistant City Attorney Miles Lance opined it would be procedurally incorrect for Mr. Foster or the Leonards to make a presentation at this time because
the applicant or his representative was not present or prepared to offer a rebuttal. It was recommended that Mrs. Leonard submit a presentation statement in writing to the City Clerk
if she were unable to attend the meeting on a date of continuance.
Ms. Whitney made a motion to continue variance request V95-06 to April 13, 1995; the motion was duly seconded. Speaking briefly, Mrs. Leonard said because of the Easter holiday, the
board meeting date of April 27, 1995 was the most convenient date in April to enable her to attend the meeting. Ms. Whitney offered and the board agreed to change the date of continuance
in her motion to April 27, 1995. The motion carried unanimously.
The following Chairman's item was discussed:
Chairman Plisko reported that he did not receive a parking permit; Mr. Richter said he will provide a parking permit for the chairman.
The following are Board and Staff comments:
Mr. Richter distributed the 1995 meeting schedule, particularly noting the November and December schedule.
Mr. Richter will determine the status of the ordinance which provides for the granting of minor variances.
The matter of the process of appeal moving to the City Commission rather than a Hearing Officer as recommended by the advisory boards was briefly discussed. It was noted the Commission
will be handling the appeal process on a six-month trial basis.
Memorandum from Central Permitting Director Scott Shuford to Betty Deptula, City Manager, dated January 13, 1995 re: Board appeals - Recommendation, was discussed. Mr. Richter was asked
to provide clarification.
There being no further business, by motion duly seconded, the meeting adjourned at 1:20 p.m.