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06/26/1997DEVELOPMENT CODE ADJUSTMENT BOARD CITY OF CLEARWATER June 26, 1997 Present: Otto Gans William Schwob William Johnson Ron Stuart Mark Jonnatti (arrived 1:04 p.m.) Chair Vice Chair Board Member Board Member Board Member   Leslie Dougall-Sides John Richter Gwen Legters Assistant City Attorney Senior Planner Board Reporter   The meeting was called to order at 1:00 p.m. in City Hall, followed by the meeting procedures and the appeal process. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. C. New Variance Requests C1. Lawrence H. Dimmitt, III for a structural setback variance required to permit a single family home within the street setback area of Bruce Avenue at 1015 Bay Esplanade, Carlouel Sub, Blk 273, Lot 6, part of Lot 5, zoned RS 8 (Single Family Residential.) Mr. Richter presented background information and written staff recommendations, stating the applicant received a number of variances on December 12, 1996; one of which was a five foot setback variance from the Bruce Avenue right-of-way. Redesign has occurred, increasing the width of the home. The applicant wishes to increase the setback variance from five to ten feet to allow construction 15 feet from the Bruce Avenue right-of-way. He explained the site configuration; construction alternatives; and vertical scale considerations due to the 40 foot height of the house. Staff recommended approval with two standard conditions. Alex Plisko, architect representing the applicant, concurred with Mr. Richter’s presentation of the issues. Because the Dimmitts plan to use this home as their full time residence, the plan was redesigned to add closet and living space. He tried to move the footprint as far away from the home to the north as possible to address possible scale considerations. In response to a question, Mr. Plisko said a 36-inch masonry wall and landscaping details remain as presented at the previous hearing. Discussion ensued regarding vehicles parking at the end of the Bruce Avenue right-of-way. Genevieve Dimmitt, the applicant, stated she is environmentally active and aware that beach properties have problems with water runoff. She addressed drainage considerations on the site and explained what she plans to do with the landscaping and wall to avoid any problems in the future. One member expressed concerns the proposal is not minimal, and asks for an additional variance to move closer to a public right-of-way. Other board members did not share the concerns as the property is neither commercial nor located on a heavily traveled thoroughfare. 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, 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 one year from the date of this public hearing. The motion was duly seconded and carried unanimously. One member reiterated his concern regarding vehicles parking in the Bruce Avenue right-of-way and blocking public access to the water. Discussion ensued with Mrs. Dimmitt regarding the issue. Staff will investigate whether or not such parking is legal. Minutes Approval – June 12, 1997 Member Schwob moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously. Board and Staff Comments 1. Britt’s Café Appeal Follow-up Ms. Dougall-Sides reported she reviewed with the City Attorney the recommendation to pursue Circuit Court appeal of the decision to overturn the board’s denial. She explained the standards for additional review and the appeal procedure. She said it would be difficult for the City to prevail on appeal, because of testimony that staff had approved plans as submitted and had recommended approval with conditions. She responded to questions regarding the process. Board members agreed Circuit Court appeal may not be advisable at this point. Discussion ensued regarding the issue of whether or not the building permit was issued in error. Strong concerns were expressed with the appliants’ failure to comply with conditions of approval. Ms. Dougall-Sides said building beyond the scope of the previous variance and failure to obtain a certificate of occupancy are enforcement questions she will discuss with Central Permitting Director Scott Shuford. It is hoped a City task force being created will be effective in helping keep this type of situation from happening in the future. Mr. Jonnatti suggested a procedure to administratively prevent any deception on the part of applicants by requiring certification their project complies with the terms of variance approval. He said it is not unusual for construction plans to differ from those submitted as part of a variance request application packet. Staff was strongly urged to pursue enforcement of building code and certificate of occupancy violations. Board members requested to be notified if this case comes before the Municipal Code Enforcement Board. Mr. Richter provided a follow-up on board direction to arrange the agenda with the simplest cases first. He said several cases are scheduled for the first meeting in July, so he will have his first opportunity to test the procedure. The board agreed to revisit the issue after a suitable trial period. Adjournment The meeting adjourned at 1:48 p.m.