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05/25/1995 DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, May 25, 1995 - 1:00 p.m. Commission Chambers, 112 South Osceola Avenue, Clearwater, FL Members present: Alex Plisko, Chair Emma Whitney, Vice-Chair Joyce Martin Otto Gans William Schwob Also present: John Richter, Senior Planner, Central Permitting Department Miles Lance, Assistant City Attorney, Legal Department Gwen Legters, Staff Assistant II, City Clerk Department The meeting was called to order by the Chair at 1:00 p.m. in the Commission Chambers of City Hall. He 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. A. APPROVAL OF MINUTES of April 27, 1995 This item was continued to the next meeting. B. VARIANCE REQUESTS 1. Joseph L. Wells - Extension Request - 1010 Eldorado Avenue for a variance of 5 ft. to permit construction of a home 20 ft. from a street right-of-way. (Approved 11/10/94). V 94-33 The applicant requested an extension to allow time for additional planning, design and construction document preparation. It was indicated conditions have not changed since the variance was granted last November. Staff recommended granting a six month extension. Ms. Whitney moved to grant an extension to December 12, 1995. The motion was duly seconded and carried unanimously. 2. Ciro L. & Ann M. Gaccione for a variance of 2 ft to permit a fence height of 6 ft where 4 ft maximum height is allowed in a structural setback from a street (Charter Oaks Dr) right-of-way where the property is not addressed from at 2057 Red Cedar Lane E, Charter Oaks Sub, Lot 36, zoned RS 8 (Single Family Residential). V 95-26 In a letter dated May 23, 1995, the applicants withdrew this request. 3. Gary H. & Mary L. Dworkin for variances of (1) 3 ft to permit a structural setback of 22 ft from a street (Magnolia Drive) right-of-way where 25 ft is required; (2) 11 ft to permit a structure 4 ft from a rear property line where 15 ft is required; and (3) 5 percent to permit 40 percent of open space for the lot where 45 percent is required at 415 Magnolia Drive, Harbor Oaks, part of Lots 78 & 80, zoned RS 6 (Single Family Residential). V 95-27 Mr. Plisko declared a conflict of interest with regard to this case. Ms. Whitney assumed the chair. Senior Planner Richter described the request, stating the owner/applicants wish to enlarge their home to the east with a swimming pool, pool house and other outdoor amenities. An existing garage is to be demolished and a new one built. Staff position was the circumstances support granting the variances as requested. The proposal will extend no closer to the property lines than what currently exists and will align with the existing structure. Front yard open space will be greater than required by code and substantial landscaping is proposed to lessen the effect of the setback variances. The investment in the proposed improvements is significant and will reflect positively on the Harbor Oaks subdivision and the City. Approval with two conditions was recommended. Clarification of the open space requirement was requested. Mr. Richter explained, while a five percent reduction in the overall open space of the lot is proposed, the front yard open space will be greater than required by code. It was questioned why variances are needed if the proposal extends no further into the setbacks. Mr. Richter responded, when a non-conforming structure is demolished, it cannot be replaced without variances. Gary Dworkin, the owner/applicant, distributed copies of two handouts to the Board. He noted in an excerpt of 1984 Development Code Adjustment Board minutes, a variance to build a pool was previously granted for this property. He explained the second handout is a list of neighbors who have seen his plans and support the application. Mr. Dworkin stated Harbor Oaks is recognized as one of the earliest architectural developments in Florida. He described the historical character and significant architecture of the area, stating he wishes to perpetuate the ambiance. The materials and construction of the additions will reflect the Mediterranean Revival architectural style of his home and of many other homes in the neighborhood. He stated he has worked diligently with the architect to maximize the front yard open space while creating the scale needed for the façade. Regarding the variances, he stated two adjacent homes have similar setbacks. A driveway turnaround at the rear of the property is a practical consideration that will preserve two trees. Sunlight and foliage considerations mandate location of the pool in the center of the lot. Mr. Dworkin stated the renovation and expansion plans were created with sensitivity to the prevailing style of the 1920's, based on familiarity and research. Concern was expressed the plan overbuilds the lot. Reasonable use of the land was discussed. Mr. Dworkin said his proposal is in keeping with surrounding properties and the neighbors are thrilled. The plan was felt to be very attractive and a positive reflection on the neighborhood and the City. Three letters were submitted in support of the application. It was noted the 1984 variance was for a pool which was never built. It was questioned if the new pool will be constructed at the same time as the other improvements. Mr. Dworkin stated he was not sure, as this was a financial consideration. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances as requested 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 6 months. The motion was duly seconded and upon the vote being taken, Members Whitney, Gans, Martin and Schwob voted "Aye"; Mr. Plisko abstained. Motion carried. Mr. Lance left the meeting at 1:26 p.m. D. LAND DEVELOPMENT CODE AMENDMENTS: (cont from 4/27/95) ORDINANCE NO. 5820-95 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 42.34, Code of Ordinances, to require an aisle width of fifteen feet within parking lots that have parking spaces at an angle of 50 degrees, to cap the number of paved parking spaces within a parking lot at 125 percent of the code requirements, to allow grass parking for warehouse stores, to establish new off street parking spaces requirements for three family dwellings, accessory dwellings, mobile homes, multiple family dwellings, elderly and low income dwellings, retail sales and shopping centers, vehicle services uses, personal services uses, offices, private clubs, lodges and other fraternal, civic, union-related, and religious organizations, boat slips with live-aboard vessels, and fabricating, processing, and manufacturing uses, and to require conformance to the uniform system of traffic control devices; providing an effective date. Mr. Richter stated, last month, an outside agency surveyed local zoning ordinances relating to large commercial parking areas. Staff reviewed the City parking requirements and recommended amendments to certain portions of the proposed ordinance. Changes were recommended to language concerning the City Engineer and in calculating the parking space ratio. In response to a question, Mr. Richter indicated a medical office typically has a greater parking demand than does a general office due to a greater customer turnover. He recommended approval of the ordinance based upon the current changes Mr. Gans moved to recommend approval of Ordinance 5820-95 as revised by staff. The motion was duly seconded and carried unanimously. E. CHAIRMAN'S ITEMS Concern was expressed the Community Response Team has not followed up with Board members requests for inspection of code violations. Mr. Richter is to relay the information. F. DIRECTOR'S ITEMS - Presentation on Water Sufficiency and Xeriscaping by Mike Quillen, Environmental Mr. Quillen addressed the Board, stating staff is in the early stages of amending the landscaping code. He wished to inform the Board what is being done and invite their input, either today, or later through staff. Outlining the process, Mr. Quillen stated their main focus is on water conservation and water efficient landscaping to reduce watering requirements. As the landscaping code affects both large and small developments, it is hoped to generate a plan feasible for all. Some of the areas of interest include: 1) using more water efficient and native species of plants, 2) following SWFWMD's recommendation to group plants by water usage, 3) redesigning parking lot interior landscaping requirements to increase the minimum size of landscape islands and discourage the use of turf grass on small buffer strips. Staff hopes to use this ordinance, once completed, as a teaching tool for the public. There is discussion of creating incentives for following the new practices and whether to regard them as "requirements" or "guidelines". Guidelines were considered to be preferable to firm requirements which would be difficult to enforce. Long term maintenance of required vegetation was indicated to be a problem. Low volume irrigation systems were discussed as an alternative to spraying. Mr. Quillen stated all irrigation systems will be required to have rain sensors. Discussion ensued regarding the environmental benefit of interior landscaping for parking lots. Green space, amount and type of tree canopy and size and shape of islands, were explored. Mr. Quillen explained increasing the size of landscaped islands, using mulch instead of turf grass and planting for tree canopy would be encouraged. Use of palm trees versus live oaks was discussed. While some members preferred palms as being cleaner, others stated they often sought shaded parking spaces. Use of palm trees to satisfy tree requirements was discussed. The percentage used on Clearwater Beach was compared to that on the mainland. Mr. Quillen stated he has made presentations to the Environmental Advisory Board and the Planning and Zoning Board. He will seek input regarding the Tropical Seascape theme before drafting the ordinance language. One member expressed concern his condominium is wasting money trying to achieve an attractive decorative scheme with Xeriscaping. While acknowledging manpower is limited, he questioned if it would be possible to have staff consult with developers during construction, recommending the best plants for different conditions. Mr. Quillen agreed staff is limited. Occasionally the forester is sent out to consult in the field. In response to a question, Mr. Quillen stated staff is developing a selection and usage guide for Xeriscaping trees, shrubs and ground cover. He stated there are many native species which work well under a variety of conditions and SWFWMD has a useful brochure on the subject. It was noted the County has an informative display which labels the plants. Concern was expressed regarding landscaping on Memorial Causeway. It was noted that, while beautiful, the landscaping requires constant maintenance and frequent watering. G. BOARD AND STAFF COMMENTS A question was raised why state legislators are allowed to dine together and members of volunteer boards are not. It was indicated the legislature is exempt from the sunshine law. Regarding a recent Hearing Officer appeal, it was questioned why so many questions are directed to staff, which does not decide whether to grant or deny. Mr. Richter stated this is because he serves as liaison. Both parties file written findings of fact and conclusions of law before the hearing officer issues the final order. Mr. Richter and Mr. Lance were commended for doing a good job at the appeal hearing. A question was raised regarding a note from the City Clerk Department regarding a citizen's call concerning a Habitat for Humanity project. Mr. Richter did not feel any action was needed. H. ADJOURNMENT The meeting was adjourned at 2:07 p.m.