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07/09/1998 DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER July 9, 1998 Present: William Schwob Chair Mark Jonnatti Board Member - arrived 1:31 p.m. Ron Stuart Board Member Shirley Moran Board Member John Carassas Assistant City Attorney - arrived 1:33 p.m. 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 A1) Helen V. Robinson/Tom M. Sehlhorst for the following variances: (1) a setback variance of 10 feet to allow a building zero feet from the rear property line where a minimum setback of 10 feet is required; (2) a lot area variance of 2,208 square feet to allow an area of 5,292 square feet where a minimum of 7,500 square feet is required; and (3) a lot depth variance of 58 feet to allow a depth of 42 feet where a minimum of 100 feet is required at the SW corner of N. Myrtle Avenue & Pinellas Trail, J. J. Eldridge Sub, North 71 feet of Blk E, South 20 feet of the North 91 feet of Blk E less street on East and the South 35 feet of the North 126 feet less street on East, zoned CI (Infill Commercial). VR 96-48 Senior Planner John Richter reported DCAB (Development Code Adjustment Board) had approved these variances 2 years previously. This request is for a second extension. Rowenna Dorn, representative, said the property owners could not attend today’s meeting. She submitted a City receipt listing the balance due for permitting fees and a letter from the applicants requesting a 1-year extension. An earlier delay was related to title insurance. She said the plans are complete. Concern was expressed the project was not completed within 2 years. Mr. Richter indicated the applicants had made progress toward completion and felt the variances are reasonable as neighborhood conditions have not changed. He recommended approval. No other support or opposition was expressed. Member Stuart moved to grant a 6-month time extension for Item #A1. The motion was duly seconded and carried unanimously. ITEM #B - Continued Variance Requests - None. ITEM #C - New Variance Requests C1) Derek & Rose Greenwood for the following variances (1) a side setback variance of 0.7 feet to permit an above ground swimming pool to be located 4.3 feet from a side property line where a setback of 5 feet is required; and (2) a rear setback variance of 6.7 feet to permit an above ground swimming pool to be located 3.3 feet from a rear property line where a setback of 10 feet is required at 315 Prescott Avenue, Country Club Addition, Blk 7, Lot 11, zoned RS 8 (Single Family Residential). V 98-51 The garage and oak tree dictate the pool’s location. There is little opportunity to reposition the swimming pool which is centered in the area bounded by the garage, tree, and side and rear property lines. The pool, which is partially sunk into the ground, will not impact any neighboring property. The view of the pool is obstructed from neighboring properties by a 6-foot stockade fence in the rear, and vegetation along the north property line. The pool is a reasonable amenity and will not adversely impact on this neighborhood. Derek Greenwood stated their family had moved to Clearwater from Seattle in December 1997, and were unfamiliar with City permitting requirements. The applicants had placed the pool as close to the oak tree as possible without damaging its roots. He said a chain-link fence is hidden in the side property vegetation. He said the pool was installed approximately 8 weeks ago. In response to a question, Mr. Richter said the City had received an anonymous complaint regarding the pool on May 26, 1998. No support or opposition was documented. Member Moran moved to grant the variance as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the Land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's variance request. Deviation from any of the above documents submitted in support of the variance request regarding work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect and 2) requisite building permit(s) shall be obtained within 30 days from the date of this public hearing. The motion was duly seconded and carried unanimously. C2) Lawrence H. Dimmitt, III for the following variances (1) a street setback variance of 14-feet to permit a rain collection cistern 11-feet from Bruce Ave. right-of-way where a 25-foot setback is required; (2) a fence landscaping variance to allow a wall with no landscaping adjacent to a street right-of-way (Bruce Avenue); (3) a setback variance of 3-feet to allow a wall 0-feet from a street right-of-way (Bruce Avenue) where a minimum setback variance of 3-feet is required; (4) a wall height variance of 2.5-feet to permit a 5-foot high wall within the setback area adjacent to Bay Esplanade where a maximum 2.5-foot wall height is permitted; (5) a wall height variance of 1.0-foot to permit a 5-foot high wall within the setback area from a street right-of-way where a maximum 4-foot wall height is permitted; (6) a wall height variance of 1.5-feet to permit a 4-foot wall in a waterfront setback where a maximum wall height of 2.5-feet is permitted; (7) a variance to permit an opaque wall in a waterfront setback area where only non-opaque walls are permitted; and (8) a variance of one percent lot open space to allow 34% open space where a minimum of 35% open space for the lot is required at 1015 Bay Esplanade, Carlouel Sub, Blk 273, Lot 6 and part of Lot 5, zoned RS 8 (Single Family Residential). V 98-52 A new home is under construction on this waterfront property. On June 26, 1997, variances were approved for the house and perimeter wall. Minor revisions are proposed. In addition, the applicants propose to construct two 49-square foot cisterns to collect rainwater for irrigation. Staff feels the South cistern will not crowd the space alongside Bruce Avenue. The 1% open space variance requested for the cisterns is minimal. Variances also are requested to accommodate design adjustments to the wall. On December 12, 1996, DCAB granted variances to allow a 4-foot masonry wall along Bruce Avenue with no setback or landscaping, a 6-foot high extension along the property’s front to tie the new wall to the existing 6-foot wall that parallels Bay Esplanade, and a 3-foot high wall abutting Bruce Avenue within the 10-foot waterfront setback. The applicants wish to increase the height of the Bruce Avenue wall by 1-foot and realign the wall 3-feet closer to Bruce Avenue. The proposed adjustments will affect the wall’s appearance as viewed from Bruce Avenue to the South. This unimproved street end provides open space and a public view of Clearwater Harbor. Staff feels approval will not impede views unreasonably nor detract from the neighborhood’s appearance. The added height is requested for security and privacy. Alex Plisko, Architect, said the applicant is environmentally sensitive. The cisterns could not be buried due to the high water table. He said the wall’s design has been modified to address flooding during minor storms. The garage has been raised, causing a substantial slope to the yard. The higher wall is needed for privacy and security. The applicants will continue to maintain the Bruce Avenue street end. In response to a question, he said the 10-foot tall cisterns will be constructed of masonry and covered with siding similar to the residence. A metal roof will bond the top to the house’s roof. A July 8, 1998, letter from Charles and Sandra Peterson objected to the cistern’s location on the subject property’s North side and expressed concern the new construction would cause drainage problems and jeopardize their wall. Mr. Plisko stated a variance is not required for the North cistern. He said the applicants most likely will construct a fence along the Petersons’ wall. He said the new fill will not extend to the property line and exert pressure on the wall. The cistern’s foundation will not affect the next door property. In response to a question, he said the cisterns will store up to 6,000 gallons of water which will not be used for potable purposes. Genevieve Dimmitt said the cisterns were designed to catch as much water as possible from the roof to avoid flooding neighboring properties. Drip hoses will water the property. She said the driveway will be constructed of grass blocks to maximize permeable space. Other environmental features are planned. Had she seen the letter earlier, she said she would have discussed their concerns with her new neighbors. She requested the wall be raised to keep children from accessing her pool. In response to a question, she said the opaque fence will provide a solid barrier for the swimming pool but will not block the side view of any neighbors. In response to a question, Mr. Richter indicated the Petersons are aware the requested variances do not affect their side of the subject property. Concern was expressed the planned cisterns are unattractive. The advantages of cisterns were discussed. No other support or opposition was expressed. Member Moran moved to grant the variance as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the Land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's variance request. Deviation from any of the above documents submitted in support of the variance request regarding work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect and 2) requisite building permit(s) shall be obtained within 30 days from the date of this public hearing. The motion was duly seconded. Members Stuart, Moran, and Chair Schwob voted “Aye”; Member Jonnatti voted “Nay.” Motion carried. ITEM #D - Land Development Code Amendments - None ITEM #E - Approval of Minutes Member Stuart moved to approve the minutes of the regular meeting of June 25, 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 In response to a question, Mr. Richter said next meeting he will report on draft procedures to advise residents regarding required permits. It was suggested homeowner associations be invited to brainstorm ideas. It was recommended the City establish ways to educate the citizens via posting signs in building supply stores, homeowners newsletters, and notices on C-View TV. It was suggested more than one method be used. Adjournment The meeting adjourned at 1:44 p.m.