09/28/1995 DEVELOPMENT CODE ADJUSTMENT BOARD
September 28, 1995
Members present: Alex Plisko, Chair
Otto Gans, Vice Chair
Joyce Martin
William Johnson
William Schwob
Also present: John Richter, Senior Planner, Central Permitting Department
Gwen Legters, Board Reporter
The meeting was called to order by the Chair at 1:00 p.m. in the Commission Chambers of City Hall, followed by the Invocation and Pledge of Allegiance. 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.
The following variance requests were considered:
A. VARIANCE REQUESTS:
1. Jay T. Gilman for a variance of 3 ft to permit a side setback of 2 ft where 5 ft is required at 1582 Ewing Ave., Belmont Sub 2nd Addition, Blk G, Lots 16 & 17, zoned RM 8 (Residential
Multi-Family). V 95-49
Mr. Richter gave the background of the case and presented, in writing, the staff recommendation. He stated the applicant wishes to enlarge the living area of his single family home by
converting the carport into a bedroom and bathroom. Staff recommended approval subject to two standard conditions.
Jay Gilman, the owner/applicant, responded to questions, stating he suffers from ill health and needs the extra space to accommodate his sister and niece who take care of him. He stated
he has lived in the house for over five years.
In response to questions, Mr. Richter stated enclosing the carport will take away one of the two required parking spaces. After discussions with staff, it was determined the applicant
may build a driveway on the other side of the house without variances.
Based upon the information furnished by the applicant, Member Schwob 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.
B. LAND DEVELOPMENT CODE AMENDMENTS:
1. ORDINANCE NO. 5908-95 Of The City Of Clearwater, Florida, Relating To The Land Development Code; Amending/Creating Sections 42.26(6), Code Of Ordinances, to allow fences enclosing
swimming pools up to four feet high within waterfront setback areas and street right-of-way setback areas; providing an effective date.
Mr. Richter gave the background of the case and presented, in writing, the staff recommendation. He stated the ordinance is proposed to reduce the number of variances requested for fencing
swimming pools in waterfront or street setbacks by bringing the City’s fence code into alignment with insurance industry standards.
In response to a question, Mr. Richter stated the ordinance specifies non-opaque fencing material, but does not specify the type.
Member Martin moved to endorse Ordinance 5908-95 to the City Commission. The motion was duly seconded and carried unanimously.
C. APPROVAL OF MINUTES - September 14, 1995
Member Schwob moved to approve the minutes of September 14, 1995 in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously.
D. CHAIRMAN'S ITEMS - None
E. DIRECTOR'S ITEMS - None
F. BOARD AND STAFF COMMENTS - None
G. ADJOURNMENT
The meeting adjourned at 1:15 p.m.
Chair
Attest:
Board Reporter