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09/24/1998 DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER September 24, 1998 Present: William Schwob Chair William Johnson Vice-Chair Mark Jonnatti Board Member Ron Stuart Board Member Shirley Moran Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Sandy Glatthorn Planning & Development Services Manager Patricia O. Sullivan Board Reporter 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 B1) (cont’d from 08/27/98) Barbara L. Bennett for the following variances (1) fence height; (2) fence setback from right-of-way; and (3) required landscaping at 1784 Thames St., Blackshire Estates, Lot 62, zoned RS 8 (Single Family Residential). V 98-64 This property is developed with a single family residence and swimming pool on Thames Street. The County plans to widen Keene Road, the non-addressed street. The applicant has applied for variances to erect a 6-foot privacy fence in the street setback area from Keene Road. The 6-foot fence on the abutting single family residential property to the North has no setback nor landscaping. The applicant proposes to align her fence with the one next door. The fence will not extend into the front street setback. Staff recommends approval as existing trees should provide adequate buffer. Barbara Lynn Bennett, applicant, said she has lived in her house for 25 years. She said the fence is necessary for protection now that the road is being extended. It was stated the proposal would extend the current fence line. Concern was expressed a precedent not be established and problems not be repeated such as the “alley-look” that resulted from fences placed in the Landmark Drive setback. No support or opposition was expressed. It was noted the position of neighbors’ fences is grandfathered and will have to be moved when replaced. Ms. Bennett said the required setback will make her fence look ridiculous. It was noted the setback is necessary to provide adequate space for landscaping. Ms. Bennett said if her variances are not approved, she will appeal the decision. In response to a question, she did not wish to continue Item #B1 until the next meeting so she could discuss the matter with her attorney. It was noted Clearwater motorists prefer to travel scenic corridors rather than past blank fences. Member Jonnatti moved to grant a fence height variance of 2 feet for a 6-foot high wood fence 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) variance based on the application, testimony, and documents submitted by the applicant, including maps, plans, surveys, and other documents in support of the request. Deviation from any of the documents beyond the scope expressly authorized by the Board in approval of this variance, will result in this variance being null and of no effect and 2) requisite occupational license shall be obtained within 6 months from the date of the public hearing. The motion was duly seconded. In response to a question, Ms. Glatthorn indicated the board had denied a previous request for a variance as it related to a front setback. The fences next to the subject property were built with permits in the mid-1970s before current code was established. Upon the vote being taken, the motion carried unanimously. Member Jonnatti moved to deny a fence setback from right-of-way variance and a setback landscape variance. The motion was duly seconded and carried unanimously. Ms. Glatthorn indicated staff will provide necessary information to the applicant’s contractor. It was noted by a board member that mature landscaping will help mitigate road noise. ITEM #C - New Variance Requests C1) Mobil Oil Corporation for a variance to the front yard open space requirements at 27050 US 19N, Sec 30-28-16, M&B 31.01, zoned CH (Highway Commercial). V 98-69 The applicant is requesting a variance to the front yard open space requirement as part of a new retail development. The site previously was developed with a service station. The applicant proposes to redevelop the site with a retail structure and related improvements. Landscaping is being coordinated with the City Landscape Architect, who is recommending minor changes to increase the front yard landscaping. Staff feels it is in the community’s best interest to provide adequate parking for the new development. Redevelopment requires flexibility in parking and landscape requirements. The applicant has reduced the size of the proposed structure by 500-square feet to 8,500-square feet. Cliff Levy, applicant, said he would prefer to provide 5 parking spaces for each 1,000-square feet of leasable space. He said it would be a hardship not to have parking in front of the retail stores. He said a planned buffer will look good. The site will not be used for gasoline sales. He anticipated the structure will house 2 to 5 tenants. In response to a question, Mr. Levy said he did not want to build less than 42 parking spaces. Ms. Glatthorn requested the board not limit the building’s size as staff is working with the developer. Mr. Levy said he had no problem reducing the structure’s size to 8,500-square feet. Ms. Glatthorn stated “One City. One Future” encourages increased landscaping. The City’s Landscape Architect must approve the landscape plan before a building permit is issued. It was noted this property is an outparcel of the new Loew’s development. No support or opposition was expressed. Member Johnson moved to grant a front yard open space variance of 40% 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) variance based on the application, testimony, and documents submitted by the applicant, including maps, plans, surveys, and other documents in support of the request. Deviation from any of the documents beyond the scope expressly authorized by the Board in approval of this variance, will result in this variance being null and of no effect; 2) a landscape plan, as recommended by the City Landscape Architect, shall be submitted and subject to approval by the City Landscape Architect before a building permit is issued; and 3) requisite occupational license shall be obtained within 1 year from the date of the public hearing. The motion was duly seconded and carried unanimously. ITEM #D - Land Development Code Amendments - None ITEM #E - Approval of Minutes Member Johnson moved to approve the minutes of the regular meeting of August 27, 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 Assistant City Attorney Leslie Dougall-Sides reported the LCC appeal is scheduled for October 16, 1998. A permit has been granted for a 50-foot tower which is under construction at the intersection of Highland and Belleair. LCC wants to construct a 120-foot tower. The City Commission has not considered yet an ordinance related to communications towers. In response to a question, she said the City had advertised availability on the nearby FDOT (Florida Department of Transportation) tower but had received no bids. This issue was pulled from the new LDC (Land Development Code) for early consideration. The LDC is scheduled to be presented to the City Commission for Receipt and Referral on November 5, 1998. Boards will consider the document during workshops. The ordinance to implement the LDC is scheduled for consideration in January. The new LDC will become effective at second reading. Plans are to replace the Development Code Adjustment Board, Planning & Zoning Board, Historic Preservation Board, Environmental Advisory Board, and Design Review Board with one 7-member board. In response to a question, Ms. Dougall-Sides recommended the board cite the appropriate code section when motioning approval of an item. Ms. Glatthorn reported the Central Permitting Department is now called the Planning and Development Services Administration. Adjournment The meeting adjourned at 1:59 p.m.