Loading...
01/14/1999 DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER January 14, 1999 Present: William Schwob Chair William Johnson Vice-Chair Shirley Moran Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Antonia Gerli Planning Manager Patricia O. Sullivan Board Reporter Absent: Mark Jonnatti Board Member Ron Stuart Board Member (resigned as of January 14, 1999) 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) (Approved 02/22/98) James Michael & Margee Hoe McDaniel for a time extension of an additional one year for the following variances (1) a setback variance of 21.2 feet to permit a 2nd floor addition 3.8 feet from the southerly right-of-way line of Eldridge St., rather than the 25 feet setback required; (2) a setback variance of 18 feet to permit a 2nd floor addition 7 feet from the westerly right-of-way line of Eldridge St., rather than the 25 feet setback required; and (3) a setback variance of 5.75 feet to permit a 2nd floor addition 4.25 feet from a rear property line, rather than the 10 feet rear setback required at 301 Eldridge St., Eldridge Town House, Lot 1 together with submerged land to West, zoned RM 16 (Multiple Family Residential). V 98-03 In his December 9, 1998, letter, Mr. McDaniel requested a continuation due to construction difficulties and delays in obtaining engineering documents. Steve Fowler, representative, said the owner has had health problems. In response to a question, he said this second floor project will continue forward according to submitted plans. Member Johnson moved to approve a one-year extension for Item #A1. The motion was duly seconded and carried unanimously. A2) (Approved 01/08/98) William M. Shepard, Trustee (Lagoon Resort) for a time extension of an additional one year for the following variances (1) a variance to allow a clear space distance of 15 feet where a distance of 77.8 feet is required; (2) a setback variance of 62.8 feet to allow a building 15 feet from the westerly side property line where a minimum setback of 77.8 feet is required; and (3) a front yard open space variance of 9.9% to allow 40.1% where a minimum of 50% is required at 619 S. Gulfview Blvd., Sect. 17-29-15, M & B 22.01, Bayside Subdivision No. 5, Block C, Lots 1-5 and riparian rights; zoned CR 28 (Resort Commercial). V98-05 In his December 16, 1998, letter, Stephen Fowler, representative, requested a one-year extension due to market changes and revisions to the schematic plans that delayed construction. Mr. Fowler said market generated decisions have resulted in some changes. While plans related to approved variances will not change, he said shops will not be constructed next to the street. Member Johnson moved to approve a one-year extension for Item #A2. The motion was duly seconded and carried unanimously. ITEM #B - Continued Variance Requests B1) (Cont’d from 12/10/98) James W. Soboleski & Deborah L. Groen for a variance to allow a 10.5 feet structural setback for a covered passageway where 25 feet is required at 191 Devon Dr., Bayside Sub, Lots 32-34, zoned RS 8 (Single Family Residential). V 98-81 The applicant seeks a variance to add a porte cochere (covered passageway) to a single family residence in the front yard setback. Staff indicates the cul-de-sac impacts only a small portion of the property. Planned renovations will move the front door closer to the property line and align the porte cochere with that door’s new location. The half-acre property contains one lot with a residence and one vacant lot and is large enough to construct additions without a variance. Staff recommends denial of the request. Planning Manager Antonia Gerli said setbacks are haphazard along Devon Drive. The new code would allow this request to be considered for approval as flexible development. Owners James Soboleski and Deborah Groen confirmed Harry Cline’s authority to speak on their behalf. Mr. Cline said the applicants purchased the property in its current two-lot configuration in this older neighborhood. He said the applicants seek to retain the architectural integrity of their 1930s era home and add a porte cochere to the home’s west side. He said the home’s floor plan necessitates the relocation of the front door. He said the porte cochere meets the front setback requirements except at the northern edge of the cul-de-sac. Mr. Cline distributed an aerial photograph for reference, noting Devon Drive is a dead-end street. He said vehicles in the driveway will have less impact on the neighborhood if the driveway is moved to the south as planned. He said the structure is 30 feet from the seawall and this addition to the property’s front will only impact the water view of one western neighbor, who has submitted a letter of support for the plan. He said previous plans were to construct a 3-story house on the vacant lot. He distributed three letters of support from immediate neighbors and the site plan. In response to a question, Mr. Sobelesk said he does not plan to alter the house. The only work planned is to move the front door and add the porte cochere. Member Moran moved to grant the variance as requested because the applicants substantially have 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 building permit shall be obtained within 6 months. The motion was duly seconded and carried unanimously. B2) (Cont’d from 12/10/98) L.O.M. Inc. (Legends Steakhouse) for a variance to construct a balcony with a front and side setback to zero feet and a variance to reduce parking to 29 spaces at 309 S. Gulfview Blvd., Lloyd-White Skinner Sub, Lots 60-62, 108-109, & part of Lot 107, zoned CR 28 (Resort Commercial). V 98-84 The applicant, Legend Steakhouse, has applied for variances to parking and setback requirements to build a balcony for outside food service with a front and side setback of 0-feet. The restaurant is located within a busy beach environment where many patrons park off-site while visiting area amenities. Staff recommends approval. Staff feels strict application of code would not be reasonable considering heavy beach pedestrian traffic and the addition will be in harmony with the surrounding environment. Concern was expressed DCAB (Development Code Adjustment Board) had granted setback variances to allow this structure to be of maximum size, and now the applicant has returned to the board with additional requests. It was felt the proposed balcony should have been part of the original plans for a smaller building properly sized for this addition. Assistant City Attorney Leslie Dougall-Sides said the new code would allow this incremental request to be considered for approval as flexible development. It was noted when approval for previous variances was granted, the owner had stated he had no plans for expansion. Ted Williamson, representative, said the building could have been taller and larger. David Zislin, owner, said he had constructed two buildings on the site instead of one larger building. He said parking requirements limited the building’s size. He said his upscale restaurant’s patrons have requested outside seating and the City is encouraging it. He said the addition will enhance the area. He said as the new code will allow it, he wanted to begin construction immediately. It was noted board approval will be necessary under the new code. In response to a question, Mr. Zislin said the restaurant currently has minimal outside seating and patrons want to see outside. He said he will improve the green space. It was noted the motel owner to the north who had objected to previous variances has sold the property to a new owner who does not object. It was felt this request should have been included when the original plans were approved 18 months ago. Concern was expressed regarding ramifications if the City approves large variances when requested in incremental amounts. It was noted DCAB had indicated it would not consider additional requests when the board approved earlier variances for this project. It was noted variances had been approved for outside seating at other beach restaurants. It was felt the setback requests cannot be approved under current code requirements. It was stated the proposal is based on economic gain. It was suggested Mr. Zislin withdraw his request until the new code is approved. Mr. Zislin withdrew his request. Considering other restaurants were granted variances to allow outside seating, he felt it was unfair his request was not approved. Member Johnson moved to withdraw Item #B2. The motion was duly seconded and carried unanimously. ITEM #C - New Variance Requests C1) Jay and Linda Polglaze for a variance to construct a swimming pool with a street right-of-way setback of 15 feet instead of the required 25 foot setback at 522 Richards Avenue, Lot 38 and the easterly part of Lot 37, Ambleside Subdivision, 1st Addition, zoned RS 8. V99-01 The applicants have requested a setback to construct a swimming pool at the rear of their residence. Staff feels no special circumstances justify granting a variance as the lot and back yard are large enough to construct a pool without encroaching into the setback. Jay Polglaze said the pool he could build under code would not meet the needs of his family which includes two young swim team members. He reviewed his actions necessary to have a utility easement vacated which is scheduled for City Commission approval on January 21, 1999. He said his 25-year old house was constructed in the center of the lot and previous owners had developed part of the back yard with a pond, screened room, and a shed. He presented a sketch of the planned pool which is oddly shaped and 40 feet long on the diagonal. He said the block wall will block the neighbors’ view of the pool which will not be screened. He said if he built the pool to code, it would not be centered in the yard and create a narrow walkway. He felt the pool would not be detrimental to the neighborhood but would enhance property values. Three letters in support from neighbors were submitted. It was felt special circumstances relate to the existing block wall. In response to a question, he said construction can begin after January 21, 1999. Another letter of support had been received. Mr. Polglaze said he may need less than the 10 feet requested. It was noted the lot is oddly shaped. Member Moran moved to grant the variances as requested because the applicant substantially has 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 building permit shall be obtained within 6 months. The motion was duly seconded. It was recommended Mr. Polglaze obtain a permit to replace the portion of block wall to be removed to install the pool. Ms. Dougall-Sides said approval of that permit will be determined by building officials based on the wall’s history. Upon the vote being taken, the motion carried unanimously. ITEM #D - Approval of Minutes Member Moran moved to approve the minutes of the regular meeting of December 10, 1998, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #E - Election of Board Chair and Vice Chair Member Johnson moved to suspend the election as the board will be dissolved in the near future, and for the Chair and Vice-Chair to continue their duties until the board’s dissolution. The motion was duly seconded and carried unanimously. ITEM #F - Board & Staff Comments Consensus was to recommend the Commission not replace the seat of Member Stuart, who has resigned, as approval of the new City Code is pending. Members wished former Member Stuart well. The regularly scheduled meeting of January 28, 1999, has been canceled. A special meeting has been scheduled on January 29, 1999, at 10:00 a.m. in Chambers. In reference to Judy Simmons’ December 21, 1998, letter to the newspaper, Member Moran said it was nice of Ms. Simmons to thank the board for their hard work. Adjournment The meeting adjourned at 2:20 p.m.