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01/29/1999DEVELOPMENT CODE ADJUSTMENT BOARD SPECIAL MEETING CITY OF CLEARWATER January 29, 1999 Present: William Schwob Chair William Johnson Vice-Chair Shirley Moran Board Member Vacant Seat Board Member Absent: Mark Jonnatti Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Ralph Stone Planning Director Antonia Gerli Planning Manager Mark Parry Senior Planner Brenda Moses Board Reporter The Chair called the meeting to order at 10:00 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) (Time Extension Request) 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 sq. ft. to allow an area of 5,292 sq. ft. where a minimum of 7,500 sq. ft. is required; and (3) a lot depth variance of 58 ft. to allow a depth of 42 ft. where a minimum of 100 ft. is required at the SW corner of N. Myrtle Ave. & Pinellas Trail, J.J. Eldridge Sub, North 71 ft. of Blk E, South 20 ft. of the North 91 ft. of Blk E less street on East and the South 35 ft. of the North 126 ft. less street on East, zoned CI (Infill Commercial). V 96-48 Planning Manager Antonio Gerli said this request will be the fourth extension requested by the applicant. The first approval was in 1996. No reason was given for this request. Staff recommends an extension of no more than six (6) months. Discussion ensued regarding why the applicant is requesting another extension, and concerns were expressed regarding the extensive compliance delay. Member Moran moved to deny the request for extension. The motion was duly seconded. Concern was expressed the applicant was not present to answer questions, nor had he offered an explanation for the request. Staff suggested the board consider granting an extension for a specific limited time, and stipulate this to be the final extension. Member Moran withdrew her motion. The seconder agreed. Member Johnson moved to approve a 90-day extension for Item A1 - V96-48, and that this extension is the last one to be granted the applicant. The motion was duly seconded and carried unanimously. ITEM B - Continued Variance Requests - None. ITEM C - New Variance Requests C1) Glen Johnson/Beach Communities II, Inc. for the following variances: (1) a height variance of 145 ft.; (2) a setback (front) of 50 ft.; (3) a north side setback of 34 ft.; and (4) a south side setback of 34 ft. at 1350 Gulf Blvd., Sec 19-29-15, M&B 14.03 & 14.08, zoned RM 8 (Multiple Family Residential). V 99-02 Planning Director Ralph Stone reported numerous meetings with staff, the applicant, and neighborhood groups recently took place to reach a compromise regarding the placement of the proposed structure. Yesterday, the applicant requested this item be rescheduled to February. As all parties are attempting to resolve site concerns, staff recommends continuing the item to February 25, 1999. He said this item will be re-noticed. Member Johnson moved to continue Item C1 - V 99-02 to the February 25, 1999, meeting. The motion was duly seconded and carried unanimously. Attorney Malouf, representative for opposition groups, questioned if staff had received his letter. He said after review of the site plans, his clients believe the building encroaches on the parking area and retention pond. Mr. Stone acknowledged Mr. Malouf’s letter and noted staff’s awareness of the easement, site plan, and lease agreement. 2. The Florida Department of Transportation has exercised its power of eminent domain by purchasing right-of-way in connection with the Drew Street Widening Project. The required front setback area of 25 feet is being reduced as follows: 1500 Drew St - Glenwood Estates, part of Lot 25 - Melanie E. Bost & Laurel B. Ebling for a 4.24 ft. variance. 1507 Drew St - Crest Lake Sub, Blk A, part of Lots 1&2 - James D. & Dawn M. White, Jr. & Paulette D. Olmstead for a 11.28 ft. variance. 1521 Drew St - Crest Lake Sub, Blk B, Lot 2 - Kristian M. & Michele Griewahn for a 11.36 ft. variance. 1529 Drew St - Crest Lake Sub, Blk B, Lots 4&5 - Joel H. & Linda K. Guinand for a 11.5 ft. variance. 1536 Drew St - Glenwood Sub, Lot 68 - Evelyn Donatello for a 14.13 ft. variance. 1537 Drew St - Crest Lake Sub, Blk B, Lot 6 - Joel H. Guinand for a 11.1 ft. variance. 1541 Drew St - Crest Lake Sub, Blk B, Lot 7 - Richard L. Clark for a 10.23 ft. variance. 1545 Drew St - Crest Lake Sub, Blk B, Lot 8 - Gordon McLeay for a 11.08 ft. variance. 1560 Drew St - Glenwood Estates Add, Lot 32 - Frederick B. & Ellen B. Walbolt et ux for a 6.4 ft. variance. 1563 Drew St - Crest Lake Sub, Blk C, Lot 2 - Patricia L. Chellman for a 12.59 ft. variance. 1566 Drew St - Glenwood Estates Add, Lot 34 - Charles J. & Clara R. Burke et ux for a 6.56 ft. variance. 1567 Drew St - Crest Lake Sub, Blk C, Lots 3&4 - Kenneth & Geary S. Humphreys et ux for a 11.81 ft. variance. 1568 Drew St - Glenwood Estates Add, Lot 35 - Harry J. Rittman (Estate) for a 6.3 ft. variance. 1600 Drew St - Glenwood Estates Add, Lots 56&57 - Russell A. & Jean Schumacher, Jr. et ux for a 5.96 ft. variance. 1601 Drew St - Keystone Manor, Blk A, Lot 1 & part of Lot 2 - Liliana D. & Jurg Peter et vir for a 10.89 ft. variance. 1611 Drew St - Keystone Manor, Blk A, Lot 3 & part of Lot 2 - Woody J. & Vito Marchionna for a 1.67 ft. variance. 1615 Drew St - Keystone Manor, Blk A, Lot 4 & part of Lot 5 - Randy C. Higgins for a 3.11 ft. variance. 1620 Drew St - Grand View Terrace, Lot 1 & part of Lot 2 - Louise C. Riley, TRE for a 11.48 ft. variance. 1621 Drew St - Keystone Manor, Blk A, Lot 6 & part of Lot 5 - Louise C. Riley for a 15.17 ft. variance. 1625 Drew St - Keystone Manor, Blk A, Lot 7 & part of Lot 8 - Harry L. Peterson, TRE for a 6.56 ft. variance. 1628 Drew St - Grand View Terrace, Lot 41 & part of Lot 2 - Evangelos & Maria Natsis for a 11.57 ft. variance. 1631 Drew St - Keystone Manor, Blk A, part of Lot 8 - Joy Alice Peterson, TRE for a 18.93 ft. variance. 1635 Drew St - Keystone Manor, Blk A, Lot 9 - John Tsetsekas for a 10.62 ft. variance. 1639 Drew St - Keystone Manor, Blk A, part of Lot 10 - Jerry Max Wright for a 14.21 ft. variance. 1641 Drew St - Keystone Manor, Blk B, Lot 1 - Dorothy Smith Campi for a 16.63 ft. variance. 1645 Drew St - Keystone Manor, Blk B, Lots 2&3 - Tiffany S. Harrell for a 11.03 ft. variance. 1655 Drew St - Keystone Manor, Blk B, Lot 4 & part of Lot 5 - Matthew J. & Carolyn C. Miller for a 10.32 ft. variance. 1661 Drew St - Keystone Manor, Blk 5, Lot 6 & part of Lot 5 - Paul J. & Carol Turcotte for a 4.92 ft. variance. 1671 Drew St - Keystone Manor, Blk B, Lot 8 - Merwyn L. Hassell for a 4.76 ft. variance. 200 Richards Ave - Grand View Terrace, Lot 46 & part of Lot 45 - Frank Urino for a 16.34 ft. variance. 123 N. Glenwood Ave - Crest Lake Sub, Blk B, Lot 1 less rd. right-of-way - Angela M. Karantonis for a 12.2 ft. variance. 124 N. Glenwood Ave - Crest Lake Sub, Blk A, Lot 4 & part of Lot 3 less rd. right-of-way - Barbara J. Strother for a 12.5 ft. variance. 203 N. Glenwood Ave - Glenwood Sub, Lot 64 - Dennis J. Pearson & Eileen F. Meyers-Pearson for a 1.3 ft. variance. 1533 Rosewood St - Glenwood Sub, Lot 67 and land on South - Daniel M. Macre, Jr. for a 5.0 ft. variance. In response to a question, Mr. Stone said a City ordinance allows FDOT (Florida Department of Transportation), and other entities with power of eminent domain, to apply for variances for properties on which they initiate eminent domain action. The FDOT project to widen Drew Street will affect 34 properties. Staff has concluded no application has met all four variance criteria. The City attempts to balance public purpose and FDOT’s desire to solve road problems. Staff evaluates the Code and applies that criteria on a uniform basis. Staff has several concerns. Ongoing discussions between FDOT and staff are addressing these conflicts, particularly proposed mitigation buffering and the project’s impact on the community. FDOT’s general counsel has requested a continuance in hopes of reaching compromise through ongoing discussions. Staff concurs. In response to a question, Assistant City Attorney Leslie Dougall-Sides said the board is authorized to grant a continuance for an indefinite time period. She suggested re-noticing the matter due to the large number of affected property owners. Louis Garlisi, FDOT Assistant General Counsel in District 7, said FDOT requests a continuance. James Murphy, Tampa Bay Engineering, Inc., said the situation is unusual. His firm has worked for months to bring this to a resolution. He indicated his appreciation of staff’s efforts in this matter. Patrick Maguire, representative, said he had been retained by some Drew Street property owners. He commended staff for protecting Drew Street citizens. He suggested if these variances are approved his clients will be injured and not receive full compensation in court for their property. Some homes were built in the 1920s before Drew Street expanded and changed. He hoped the City and FDOT work together to address the needs of Drew Street citizens and turn it into a green corridor. Member Johnson moved to continue Item C2 indefinitely. The motion was duly seconded and carried unanimously. ITEM D - Approval of Minutes - January 14, 1999 Member Moran moved to adopt the minutes of the regular meeting of January 14, 1999, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM E - Board and Staff Comments Board members and staff thanked Member Moran for attending today’s board meeting even though she was ill. Her presence was necessary for a quorum. As DCAB will be phased out with the implementation of the new Community Development Code, it was stated the board will not appoint a member to replace former Member Stuart. Mr. Stone reported on January 21, 19999, the Commission had approved the new Community Development Code, triggering a 45-day transition period before it becomes effective. In response to a question, he said approximately 7 applications are scheduled for the February 25, 1999, meeting. The February 11, 1999, meeting has been canceled. He thanked the board for attending today’s special meeting. Board members requested updated parking cards. Adjournment The meeting adjourned at 10:27 a.m.