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04/09/1998 DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER April 9, 1998 Present: William Schwob Chair Mark Jonnatti Board Member Ron Stuart Board Member Shirley Moran Board Member Leslie Dougall-Sides Assistant City Attorney John Richter Senior Planner Patricia O. Sullivan Board Reporter Absent: William Johnson Vice-Chair The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, review of meeting procedures, and explanation of appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #A - Time Extension Requests - None. ITEM #B - Continued Variance Requests - None. ITEM #C - New Variance Requests C1) Roy Eugene Fleming, Jr. & Sara E. Green for a setback variance of 5 feet to allow a garage addition 20 feet from the Venetian Point Drive right-of-way where a minimum setback of 25 feet is required at 1837 Venetian Point Dr., Venetian Point, Blk A, Lot 31, zoned RS 8 (Single Family Residential). V 98-34 This property is developed with a single family home which the owners propose to enlarge. Construction of the planned bathroom and garage requires a variance as it will extend into the front building setback from Venetian Point Drive. Staff feels conditions support approval. The new bathroom will be wheelchair accessible with a “roll-in” shower and the garage will provide sheltered wheelchair accessibility to a motor vehicle. This addition cannot be built on any other portion of this property. This is a minimum variance to accommodate this family’s needs. In response to a question, Senior Planner John Richter said the proposed rear addition comports with code. Roy Fleming, Owner, said the addition is designed to meet the needs of his handicapped daughter, who is almost 13-years-old. He said he had distributed letters to his neighbors regarding this issue and had heard no opposition. In response to a question, he said his family had moved into the house in 1989. No other support or opposition was expressed. Member Jonnatti moved to grant the variances as requested because the applicant has substantially met all standards for approval as listed in Section 45.24 of the Land Development Code, subject to 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) requisite building permit shall be obtained within one year. The motion was duly seconded and carried unanimously. C2) Aqua Clara Bottling & Distribution, Inc./Pocotopaug Investments, Inc. for the following variances (1) a height variance of 2 feet to allow a fence 6 feet high within the setback area from both South Fredrica Avenue and South Lady Mary Drive right-of-way where a maximum height of 4 feet is permitted; and (2) a fence setback variance of 3 feet from a street right-of-way at 1315 Cleveland St., Brookwood Terrace Revised, Blk 5, Lots 1-20 inclusive and the N. ½ of vacated Street lying S. of Lots 19 & 20, zoned CG (General Commercial). V 98-35 The building on this property, the former site of a Morrison’s Cafeteria, is undergoing renovation for use as a bottling and distribution center. The variances are requested to enclose the rear 200 feet of this property with a fence. Staff feels conditions support approval. The fence height variance is requested to secure the loading dock and rear area. The setback variance would locate the fence within the permeable area between the public sidewalk and parking lot. The variances are reasonable accommodations for this business provided the fence’s exterior is heavily landscaped to soften its appearance from the public streets and nearby properties. Approval will not adversely affect this neighborhood. Two letters of support from Pat Wilson and Clearwater Police Sergeant Joseph Tenbieg also recommended the fence on the South boundary abut existing fencing to prevent an easement. If constructed as planned, the resulting 3- to 4-foot gap would provide ideal space for transients to gather and sleep. Staff supports the recommendation. John McAvoy, Owner, said he will relocate his business from Largo to the subject property in 3 weeks. He had no objection to erecting the 6-foot privacy fence so that it ties in with neighboring fences. He said proposed fencing along South Fredrica Avenue and South Lady Mary Drive will protect equipment and temporary storage in the rear dock area. He was aware the property had been vacant and previously used by transients. He said the fence will be well landscaped. Installation of the plants has begun. In response to a question, Mr. McAvoy said the rear fence will be wood to provide a visual block, while fencing along South Fredrica Avenue and South Lady Mary Drive will be chain-link coated with green vinyl. Rolling gates, with green vinyl slats, will provide access to both streets. He said production will be clean and limited to day-time hours. Cardboard will be the only waste product. The structure is protected by a security alarm firm. The Police Department will complete a security inspection after his business relocates. In response to a question, he said the only type of on-site retail contemplated is the occasional sale of water at cost from a kiosk type booth in the parking lot as a marketing tool during hot weather. He said he plans to develop a good relationship with staff assigned to the Police substation at the new shelter. No other support or opposition was expressed. In response to a question, Mr. McAvoy said he would agree to a 4th condition related at the rear fence but requested several inches of leeway, where necessary, to preserve some shrubbery. Member Jonnatti moved to grant the variances as requested because the applicant has substantially met all standards for approval as listed in Section 45.24 of the Land Development Code, subject to 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; 3) within 60 days after installation of the fence, a landscape buffer shall be planted between the fence and public sidewalks in accordance with a landscape plan approved by the City’s Environmental Official. Failure to maintain the buffer in a healthy condition shall void the variance; and 4) 6-foot fence on South property line to be erected as near as possible to existing fencing along the rear property line. The motion was duly seconded and carried unanimously. ITEM #D - Land Development Code Amendments - None ITEM #E - Approval of Minutes In his March 10, 1998, letter to the City Clerk, Representative Harry Cline referred to Item #C8, V 98-33, reported in the March 26, 1998, DCAB (Development Code Adjustment Board) minutes, and suggested the board remove Condition #2, as a change of use does not require a building permit. Assistant City Attorney Leslie Dougall-Sides reviewed options for board consideration. It was noted Condition #2 is valid only if a building permit is required. Consensus was to not change the motion nor the minutes. Member Stuart moved to approve the minutes of the regular meeting of March 26, 1998, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #F - Board & Staff Comments 1997 Minor Variance Report Lieutenant Jeff Kronschnabl was thanked for this in-depth report. In response to a question, Mr. Richter said the current code identifies approximately 11 circumstances that qualify as a minor variance. It was suggested the list be expanded. It was noted some items that appear routine attract extraordinary attention. Consensus was that all government agencies should appear before the board for consideration of all variance requests. Mr. Richter will forward board comments for consideration during development of the new Land Development Code. That code will be presented to DCAB for comment before it is forwarded to the City Commission. Consensus was that current procedures work well. Procedures It was recommended board members and staff introduce themselves at the beginning of the meetings. Concern was expressed that meetings not be lengthened. It was suggested the board should be as user friendly as possible. Ms. Dougall-Sides said the issue does not have to be addressed formally in the board’s formal procedures. She suggested the introductions could be woven into the meeting’s opening. The majority agreed the procedure should be tried for several meetings. Adjournment The meeting adjourned at 1:34 p.m.