Loading...
10/23/1997DEVELOPMENT CODE ADJUSTMENT BOARD CITY OF CLEARWATER October 23, 1997 Present: Otto Gans Chair William Schwob Vice Chair William Johnson Board Member Ron Stuart Board Member Mark Jonnatti Board Member Leslie Dougall-Sides Assistant City Attorney John Richter Senior Planner Brenda Moses Board Reporter The meeting was called to order at 1:00 p.m. in City Hall, followed by the Invocation, Pledge of Allegiance, meeting procedures and explanation of the appeal process. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. B. CONTINUED VARIANCE REQUESTS: 1. (Cont’d from 9/25/97) City of Clearwater (Kings Highway Rec. Center) the structural setback variance required to permit an addition to an existing building which is within the structural setback from a street right-of-way (Heaven Sent Lane) at 1175 Kings Highway, Sec 2-29-15, M&B 33.02, zoned OS/R (Open Space/Recreational). V97-60 WITHDRAWN In response to a question, Senior Planner John Richter stated Case V97-60 has been withdrawn by the City. Discussions ensued regarding the outcome. Mr. Richter said he did not know, but would research the matter and report to the board at a future meeting. 2. (Cont. from 10/9/97) David Little for parking space variances to allow fewer parking spaces than the required at 333 South Gulfview Blvd., Lloyd-White Skinner Sub, Lot 67, zoned CR 28 (Resort Commercial). V 97-43 It was noted the City Clerk’s office received a request from David R. Little’s attorney to continue Case V97-43 to the November 13, 1997, meeting, with the understanding that all 5 board members will be present at that meeting. Chair Otto Gans requested members inform Mr. Richter should they be unable to attend the November 13th meeting. Assistant City Attorney Leslie Dougall-Sides noted an appeal was filed on October 21, 1997, regarding the 9 foot south side setback variance this Board granted on behalf of Ms. Baldog at the last meeting. The appeal will be processed and sent to a Hearing Officer. Member William Johnson moved to extend Case V97-43 to the November 13, 1997, board meeting. The motion was duly seconded and carried unanimously. C. NEW VARIANCE REQUESTS 1. Terry L & Janet M. Wolford for a landscape buffer variance to waive the required 3 ft. wide landscape buffer strip at 2684 Cascade Ct. Northwood estates, Tract C., Blk. A, Lot 16, zoned RS 8 (Single Family Residential). V97-64 Mr. Richter presented background information and written staff recommendations, stating the applicant wishes to remove the existing 6 foot fence adjacent to the Landmark Drive right-of-way and replace it with a new fence. He detailed the property location, site conditions, and setback requirements. Staff felt conditions support the request and recommended approval with three conditions. No verbal or written support or opposition was expressed. Neither applicant was present for the hearing. Attorney Leslie Dougall-Sides stated if no one was present to express opposition, Case V97-64 would be automatically postponed to the next meeting, and the applicant would be sent written notification of the postponement. Discussion ensued regarding consideration of postponing the case to a later meeting, however it was noted there is only one meeting in November. Member William Johnson moved to temporarily suspend the rules of Policy and Provision #4 related to Case V97-64 in order to disposed of the case. The motion was duly seconded and carried unanimously. Member Ron Stuart 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; 2) the requisite building permit shall be obtained within one year; and 3) the property owner shall maintain the existing shrubs in a healthy condition and shall keep the shrubs trimmed so that they do not overhang or otherwise interfere with the use of the public sidewalk along Landmark Drive. Failure to do so will void the variance. Member William Schwob noted the shrubs do not create interference with handlebars of bicycles. He has personally ridden past the area on a bicycle and can offer this information first-hand. The motion was duly seconded and carried unanimously. 2. Vincent Fusari/Shera Atkinson for the following variances: 1) a setback variance of 15 ft. to allow an oval above ground swimming pool, partially sunk into the ground, 10 ft. from the Overlea Street right-of-way where a minimum setback of 25 ft. is required; and 2) a height variance of 2 ft. to allow a wood fence 6 ft. high within the setback area from the Overlea Street right-of-way where a maximum height of 4 ft. is required at 1401 Barbara Ave., Highland Terrace Manor, Blk F, Lot 11, zoned RS 8 (Single Family Residential). V 97-65 Mr. Richter presented background information and written staff recommendations, stating the applicant proposed to place a 15 X 30 foot above-ground pool on the south side of the home in the side yard adjacent to Overlea Street, and a 6 foot high wood fence to enclosed the side yard. Staff felt conditions do not support approval of the request. Within this neighborhood, yards adjacent to streets are uniformly open and green. The applicant’s request would be inconsistent with the developed character of the neighborhood. There are no pools within 10 feet of the right-of-way, nor are there any 6 foot solid fences enclosing yards located within 3 feet of a street right-of-way. Resident Donald Stere offered a petition with eleven signatures in opposition to the variance. He stated he felt the variance would be a definite devaluation of properties if approved, and could set a precedent. He also presented a letter from a neighbor Catherine Y. Bradfield, who also opposed the variance. Resident James F. Brown expressed his concern regarding the fence. He stated it would prevent his clear access to and from his driveway. He noted the swimming pool would be a safety issue if constructed in the location requested. several board members expressed concern regarding the requested variance and felt it would be out of character of the neighborhood. They noted they were not officially denying the variance today, but suggested Mr. Stere and Mr. Brown freely share this Board’s concerns with the applicants. Chair Gans noted a total of thirteen people were opposed to the variance. Neither applicant Vincent Fusari or Shera Atkinson were preset at the hearing. Attorney Dougall-Sides said whenever the applicant or representative is not present at the scheduled hearing and there is opposition, the application will be voided, as is the case today, and the applicant may reapply upon payment of another fee. 3. Clearwater Yacht Club for the following variances (1) a setback variance of 73.9 ft. to allow a shed 12 ft. from the Westerly side property line where a minimum setback of 85.9 ft. is required; and (2) a clear space variance of 24 ft. to allow a clear space distance of 61.9 ft. where a distance of 85.9 ft. is required at 830 Bayway Blvd., Bayside Sub No. 6 Unit A, Blk D, Lots 5-11, zoned CR 28 (Resort Commercial), V 97-67 Mr. Richter presented background information and written staff recommendations, stating the applicant wishes to remove an existing shed on the west side of the property and replace it with a new one. He detailed the property location, site conditions, and setback requirements. Staff felt conditions support the request and recommended approval with three conditions. General Manager of the Clearwater Yacht Club Elbert D. Humphers stated the variance is being requested since the existing shed is aging and is unattractive. The location is important to the safety of children frequenting the waterways. The conditions staff has recommended for the variance is acceptable to the Clearwater Yacht Club. He noted shrubs have already been planted on Bayway Boulevard and will eventually shield some of the view of the boats between the shed and street. In response to a question, Mr. Humphers explained that the footprint of the new shed will be the same as the existing shed, except the roof will be approximately 5 feet higher than the old shed. Mr. Humphers stated he has spoken to the present of the Bayside Condominium Association who indicated she would raise no objection to the new roof height. He also noted the setback would be twelve feet instead of the current six feet setback, and further away from Bayside Condominiums. Chair Gans suggested Mr. Humphers make a concerted effort to maintain the area where boats are stored, disposing of oil cans and other materials that create an unpleasant environment. Mr. Humphers agreed to police the area. No verbal or written support or opposition was expressed. Member William 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 tot he 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; 2) the requisite building permit shall be obtained within one year; and 3) within 30 days after placement of the new shed, shrubs shall be planted on the south side of the shed to soften its view from Bayway Blvd. Prior to installation, a landscape plan shall be submitted to the City’s Environmental Official and shall be subject to approval by the Official. Failure to maintain the shrubs in a healthy condition shall void the variances. The motion was duly seconded and carried unanimously. D. LAND DEVELOPMENT CODE AMENDMENTS: None E. APPROVAL OF MINUTES: October 9, 1997 Member William Johnson moved to approve the minutes as submitted in writing to each member. The motion was duly seconded and upon the vote being taken, Members Schwob, Johnson, and Stuart voted “Aye” and Member Jonnatti abstained since he was absent at the last meting. Motion carried. F. BOARD AND STAFF COMMENTS: Mr. Gans requested Mr. Richter ask Director of Central Permitting Scott Shuford for an update of the City Commission’s recent and continuing study of the beach. He noted an upcoming parking appeal is expected and this Board is requesting advice from the City Commissions regarding plans for parking on the beach, specifically on Gulf Boulevard facing the existing parking lot. Mr. Gans requested that Mr. Richter inform City Manager Michael Roberto the next meeting is expected to be longer than usual. The Board would understand if Mr. Roberto can only attend for a limited amount of time. Discussion ensued regarding properties throughout the City including the development to the north of Legends, Britt’s, and Pelican Walk. It was noted sidewalk tiles in front of Pelican Walk continue to break. Member Johnson requested Mr. Richter ask the City to consider changes to that portion of the sidewalk. Mr. Richter said he will contact Steve Fowler and the City Engineer regarding the matter. A remark was made about the lack of business participation in cleaning littered areas. Mandalay Avenue was mentioned as a problem area. In response to a question, Mr. Richter said Mr. Shuford is temporarily assigned to work on a plan for the beach. Former City Manager Shoemaker will be filling in for Mr. Shuford and working on redevelopment plans for Clearwater beach, downtown, and Gulf-to-Bay Boulevard. The meeting adjourned at 2:12 p.m.