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04/13/1995 MINUTES DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, April 13, 1995 - 1:00 p.m. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL Members present: Emma C. Whitney, Vice-Chair Joyce E. Martin Otto Gans Members absent: Alex Plisko, Chair Also present: John Richter, Senior Planner, Central Permitting Dept. Sally Demarest, Board Reporter, City Clerk Department The meeting was called to order by Vice-Chair Emma C. Whitney at 1:00 p.m. in the Commission Chambers of City Hall. Mr. Gans led the Pledge of Allegiance and invocation. Ms. Whitney 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. 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. By motion duly seconded, the minutes of the March 23, 1995 meeting were approved as submitted. The following variance requests were considered: 1. Paschoalina C. Potter (Southmore Apartments) for a variance of 1 additional parking space to permit 0 additional parking spaces where 1 additional parking space is required to allow a 2 unit motel conversion at 463 East Shore Dr, Clearwater Beach Park 1st Addition Replat, Blk C, Lot 8 and riparian rights and part of Lot 9, zoned CB (Beach Commercial). V 95-22 Mr. Richter indicated he had been advised by the applicant earlier in the week that they would request a continuance of this item. The applicant was present, and spoke from the audience, indicating that she wished to address the matter today. Mr. Richter then gave the background of the application and presented, in writing, the staff recommendations. He noted a statement of concern from the traffic engineer relative to parking, and added staff does not recommend approval. Attorney Tom Nash, MacFarlane Ausley, 400 Cleveland Street, Clearwater, said he spoke representing the applicant, Lina Potter. He referenced a survey indicating the present parking on the west side of the property showing a paved area with two additional "not approved" parking spaces, and two additional spaces approved by traffic engineering. He said the premise is occupied by long term residents and employees of the owner who do not own motor vehicles. A question was raised if this application for a variance were premature in view of the possibility of conversion of the additional parking spaces. Charles Taylor, Taylor General Construction Company, l1600 Dauphin Avenue, Largo was present but did not speak. Mr. Nash said he was not sure whether the additional parking spaces could be converted for use by the applicant and asked the board for a continuance to investigate this prospect. A motion was made by Mr. Gans to continue item B-1 to the April 27, 1995 meeting. The motion was duly seconded and carried unanimously (3-0). 2. Pinellas Habitat for Humanity for variances of (1) 1300 sq ft to permit a minimum lot area of 3700 sq ft where 5000 sq ft is required; (2) 6 ft to permit a minimum lot depth of 74 ft where 80 ft is required; and (3) 5 ft to permit a structural setback of 20 ft from a street (Betty Lane) right-of-way where 25 ft is required to allow a new detached single family dwelling at 112 N Betty Lane, Kellett's Sub, Lot 6, zoned RM 20 (Multiple Family Residential). V 95-23 Mr. Richter gave the background of the application and presented, in writing, the staff recommendations. He described the vacant property which is located on the west side of Betty Lane, between Drew and Cleveland Streets, and zoned RM-20. He said the area is a mix of uses, lot sizes and setbacks and other single family homes in the neighborhood are positioned as close as 5 feet to the right-of-way. The proposed footprint of the home is 14 feet from the rear property line to provide a slightly larger rear yard and provide an average distance from the street right-of-way. Tom Magraw, 426 13th Avenue NE, St. Petersburg, spoke as President of Pinellas Habitat for Humanity. He said staff did an excellent job of presenting the facts in the case and gave the background of Habitat, an organization which provides homes for families living in substandard housing conditions. He cited benefits to individuals and the community. Responding to questions from the board, Mr. Magraw indicated Pinellas Habitat for Humanity owns the property and homes are usually donated. In this case, the building of the home was donated by Chapel by the Sea. No garage or carport will be provided; however, Mr. Richter stated parking will be in accordance with code. Mr. Magraw described the homes as "modest" and said the approximate cost of building is $45,000. Engineer Ralph Hansen, 4336 St. Lawrence Drive, New Port Riche, said he has been in charge of the City's Habitat for Humanity construction program for the last several years, and said the house plan was developed in conjunction with the City of Clearwater for their building program. He said the size of the house is limited by the income of the home owners who live in them. He described the homes, said they are built for considerably less than regular construction costs and four homes, 1,140 square feet in living area, have already been built in Clearwater. Based upon the information furnished by the applicant, Ms. Martin 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 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 carried unanimously. There were no Land Development Use code amendments for consideration. Following are Board and Staff Comments: At the last meeting, concern was expressed with the timeliness of the response of Code Enforcement staff and the need for additional follow-up. Mr. Richter said the Chairman had asked that the board proceed in this regard notwithstanding his absence today; Chairman Plisko, a City of Clearwater architect, had indicated several problem areas at the last board meeting. Mr. Gans stated the DCAB board is a "very careful" one, and members are disturbed with applicants who are in violation of the code or proceed with proposed changes even though they have been denied. In response to these concerns, Lt. Jeff Kronschnabl and Geri Doherty, Code Enforcement Response, addressed the board. They invited members to tour their facilities regarding code issues. Lt. Kronschnabl explained Response Team activities and said the purpose of the group is education, communication and cooperation. He said enforcement is used as a last resort, through the County Court, the Code Board or a Hearing Master and offered statistics in support of the Code Enforcement program. He added the group is both pro-active and reactive. He addressed several examples of complaints which appeared to indicate late responses, gave his telephone number (462-6565) and offered to personally follow-up on each of the board's complaint concerns. Lt. Kronschnabl said he would contact Ms. Martin and her condominium association in an effort to resolve the problem the association was experiencing with a neighbor who had complained about the association's security lighting. The Acting Chairman thanked Lt. Kronschnabl for his presentation, expressed satisfaction at the opportunity of getting to know him and learn about Code Enforcement activities, and indicated the board will be keeping in touch with him and his group. There being no further business, by motion duly seconded, the meeting adjourned at 2:16 p.m. _______________________________ Emma C. Whitney, Vice-Chair Acting Chairman