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03/23/1995 MINUTES DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, March 23, 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 1:00 p.m. in the Commission Chambers of City Hall. Mr. Johnson 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 appeal through 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 February 9, 1995 meeting were approved as submitted. The following variance requests were considered: B1. (cont from 2/23/95) LLOYD S. RUTH B. MARKS (Dunkin Donuts) for a variance of 3 additional parking spaces to permit 0 additional parking spaces where 3 additional parking spaces to allow a 194 sq. ft expansion at 600 S. Missouri Ave, Turner Street Groves, Lots 6-13, zoned CG (General Commercial). V 95-19 Chairman Plisko relayed to the board that the applicant has requested a continuance to the April 27, 1995 board meeting. Mr. Gans moved to continue the request to April 27, 1995. The motion was duly seconded and carried unanimously. B2. (cont from 2/23/95) TOM SEHLHORST & DOROTHY M. CASEY (Catarelli Construction) for variances of (1) 25. ft to permit a minimum lot width of 50 ft where 75 ft is required; (2) 550 sq. ft to permit a minimum lot area of 6950 sq. ft where 7500 sq. ft is required; (3) 3.2 ft to permit a structure 6.8 ft. from a side (west) property line where 10 ft. is required; (4) 0.7 ft to permit a structure 9.3 ft from a side (east) property line where 10 ft is required; and (5) 7.3 ft to permit a structure 2.7 ft from a rear property line where 10 ft is required at 604 Palm Bluff St., Palm Bluff 1st Addition, Lot 23, zoned CI (Infill Commercial). V 95-14 Mr. Richter gave the background of the application and presented, in writing, the staff recommendations. He indicated the continuance from the February 23, 1995 meeting was caused by an error in the advertisement for the variance request, adding that the flaw has been corrected and all parties have been properly notified. Mr. Richter explained the need for a hurricane anchor to place the building in compliance with code was the reason for the application, and relayed the dimensions of the building, property and setbacks. The construction trailer now on the property does not have the required authorization from the Planning & Zoning Board and staff recommends this as a condition for approval, as well as parking comply with City code and be approved by the Traffic Engineer prior to issuance of a building permit. Tom Sehlhorst, 611 Palm Bluff Street, Clearwater, asked that requests 1) and 2) be voted upon separately, and said the conditions for approval suggested by staff are not acceptable to him. He spoke at length, sharing his views as to his needs and the conditions he would prefer. He said the Traffic Engineer has approved a 4-space parking plan. He asked that parking be on pervious soil, recommended that there be district parking lots in the subject area and indicated that new business should be encouraged. Mr. Sehlhorst shared his Business Plan and offered options for remedial activities for the building in question, which he built without a permit in 1988. He mentioned there are 146 additional lots in the area which will need variances. The Chairman noted that a variance for the lot area or lot width would not be required if variances of other types were not requested, and structures in this area will conform as a legal buildings if all setback and lot coverage requirements are met; Mr. Richter agreed. Mr. Richter reported there are three documents in support of the application. There were no persons or documents in opposition to the request. Mr. Sehlhorst concluded by saying the suggested staff conditions should be open for discussion with the applicant so that a conclusion or compromise more acceptable to the applicant could be reached. Exception was taken to the owner of an illegal building dictating conditions for approval to the board. A motion was made by Mr. Gans to approve the request subject to the following conditions suggested by staff: 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; 2) the requisite building permit(s) shall be obtained within six months from the date of this public hearing; 3) the parking lot layout shall meet City parking standards and approval from the City Traffic Engineer prior to the issuance of a building permit; and 4) the construction trailer be removed from this property. The motion was duly seconded and carried unanimously. There were no Land Development Use code amendments on the agenda for consideration. The following Chairman's item was discussed: Chairman Plisko encouraged board members to contribute to the DCAB report to the City, scheduled for May 18, 1995. The following Board and Staff items were discussed: Mr. Richter noted the applicant for 606 Bayway Boulevard (V-95-09) has filed an appeal. Code Enforcement There was a general discussion relative to the code enforcement process, and its current drive to educate violators rather than using an "enforcement" approach. Diverse opinions were expressed. Members' points of contention that the Community Response Team does not respond to the person making a complaint, the Building Department does not answer phone calls, and the lack of follow-up was expressed. A specific instance of the spillage of diesel fuel, referral to the Sheriff's Department and the subsequent lapse of six-months without a satisfactory response was mentioned. Ms. Martin, who resides at Imperial Cove concurred, stated that code enforcement officials responded to a complaint within 48 hours from a resident who complained about light spillover from the association's security lights. It was noted the lights were installed for the safety of the 65 residents, some of whom are elderly. It was questioned why such a relatively insignificant or minor irritant would take precedence over enforcement violation circumstances on the streets which would threaten the public welfare. There was concern that action on the part of Code Enforcement would cite or fine the association for violation of the City Code of Ordinances. Conversely, there were opinions that Lt. Kronschnabl is conscientious with his group's code enforcement efforts, and a suggestion was made to invite him to address the board to clear any area of concern or failure of communication, and enable the members to discuss rational enforcement of the code. The Chairman asked Mr. Richter to establish a date when a representative may speak to the board and share the current philosophy of Code Enforcement; Mr. Richter agreed. St. Petersburg Times Concern was expressed with the absence of news items from the Clearwater area in the Clearwater Times section of the St. Petersburg Times, and the negativism in those few articles which are included. It was opined that the newspaper cited the request (V95-21) of "political consultant Mary E. Repper and her husband, William," in its March 20, 1995 edition, and included inferences about City Commission candidates and DCAB members which were unjust and untrue. The board agreed that there was little that could be done about such newspaper reporting, and the short discussion which ensued reinforced the unbiased action taken by the board. Mr. Johnson's Farewell Addressing the board at his last meeting before assuming the position of City Commissioner, following is Mr. Johnson's commentary: I was appointed to this board over two years ago and it has been a real pleasure for me to have been a part of this board. To me, it has been truly a board that measures the problems that people have, and go to the extreme in trying to solve these problems the best that we can. I leave the board with mixed emotions, but I have a great challenge before me. I wanted the job; I got the job thanks to your help and others, and I can assure that the campaign I ran on and the different platform items, I can assure you that what I said is true, and it will be carried out, and it's all going to be for the betterment of the City of Clearwater, and all citizens, not just a portion here and there. So I thank you all for your support of me as a learning member of this board when I first came on a few years ago, and I wish you all the best of health, happiness, and may God bless you all. The Chairman and board members wished Mr. Johnson well, good luck and God bless. There being no further business, by motion duly seconded, the meeting adjourned at 2:00 p.m.