10/27/1994
MINUTES
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, October 27, 1994 - 1:00 p.m.
Members present:
Alex Plisko, Chair
Emma C. Whitney, Vice-Chair
Joyce E. Martin
Otto Gans
John B. Johnson
Also present:
John Richter, Senior Planner, Central Permitting Dept.
Sally Demarest, Board Reporter
The meeting was called to order by the Chair at 1:00 p.m. in the Commission Chambers of City
Hall. Ms. Whitney led the Pledge of Allegiance and invocation. Mr. Plisko outlined procedures
and advised anyone adversely affected by any decision of the Development Code Adjustment
Board may appeal the decision to an Appeal Hearing Officer within two weeks. He noted
Florida law requires any applicant appealing a decision of this Board to have a record of the
proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda order although not necessarily
discussed in that order.
The following are requests for extension, deferred and continued items:
B1. (cont from 9/22/94) for a
Grande Bay Apartments, Ltd. (Beach Club Apartments)
variance of 25 ft to permit 0 ft of vegetative buffer to allow placement of an erosion
control revetment structure at , Brown's Bayview, Wm., Lots 6,
2909 Gulf-to-Bay Blvd
13, 14, and parts of Lots 5 and 15 together with vacant alley between and submerged
land, zoned RM 28 (Multiple Family Residential).
V 94-56
Senior Planner Richter relayed staff's recommendation that this item be continued for two
more weeks to the November 10, 1994, meeting. Mr. Richter indicated there are two dates
which are pertinent to this application, 1) on November 10, 1994, the City's Environmental
Advisory Board will be reviewing this project; and 2) unless the applicant requests more time,
on November 14, 1994, the State of Florida Department of Environmental Protection will make
a ruling as to the acceptability of this project. Mr. Richter said an updated staff report including
any additional information received could be completed in time for presentation at the
November 10, 1994, meeting. However, if the Board chooses to wait longer to obtain
information from the City's environmental board and the State of Florida Department of
Environmental Protection, staff would have no objection to extending the date.
DCAB Minutes 1 10/27/94
A question arose whether two weeks were a realistic time frame for the State to complete a
review of the structure to determine whether it will be acceptable to the State. There was
general agreement a State review would be completed within that period of time.
Acknowledging that the applicant may not be prepared to give a formal presentation to the
Board, the Chairman invited the applicant to speak briefly relative to the two proposed dates of
continuance.
Mr. Andrew M. Nichols, Challenger Enterprises, Inc., speaking for the applicant, said he was
prepared to offer a presentation, but understanding staff's position, concurred with a
continuance to November 10, 1994. He added DEP has made a request of the applicant for
additional information and in order to provide this material, he said the applicant is going to
extend the DEP schedule. Replying to a question, Mr. Nichols said he would be unable to
make County application until the City rules on this matter, adding County and City applications
were not parallel processes. He indicated a possible damage situation.
Mr. Alan Stowell, the adjoining property owner, expressed concern and indicated his support of
the continuance issue. He said he had been aware of staff's recommended continuance, and
he and a number of speakers would want to be present to address this issue. He indicated a
ruling on the applicant's permit request will be available on November 14, 1994, and the next
Board meeting after that date is December 8, 1994. Further, Tampa Bay Regional Planning
Council and the National Estuary Program have asked to also provide input.
Mr. Stowell said the Office of Environmental Protection sent the applicant a copy of a letter of
opposition dated October 25, 1994, written by Mr. Stowell, to which a response has not been
received. Also, DEP hydrological surveys indicate insufficient information and the hydrological
engineer in Tallahassee stated, from a hydrographic standpoint, reasonable assurance has not
been provided that the project will not result in erosion to adjacent properties due to changes
in the existing littoral system. Mr. Stowell then requested this item be continued to the
December 8, 1994, meeting.
Mr. Nichols agreed a continuance was advisable, and said he had understood this would be for
the November 10, 1994, meeting, indicating that the purpose for the continuance was for staff
to complete its recommendation which should be finished by that date. He repeated his
request for a November 10, 1994, continuance date.
In the ensuing discussion, consideration was for the technical aspects of this particular matter.
To allow for more comprehensive gathering of information for a more thorough evaluation, the
consensus was the December 8, 1994, continuance date would be deemed most appropriate.
Ms. Martin moved for a continuance to the December 8, 1994, meeting. The motion was duly
seconded and carried unanimously.
DCAB Minutes 2 10/27/94
The following are requests for variances:
C1. for variances of (1) 8.7 ft to
Vaughn Y. & Margaret B. Haight/Discount Auto Parts, Inc.
permit a side setback of 11.3 ft where 20 ft is required; (2) 8 percent to permit 42
percent of open space for the front yard where 50 percent is required to allow a new
retail store at , Sec 8-29-16, M&B 22.04, zoned CH (Highway
22991 U.S. 19 N
Commercial).
V 94-60
This item was withdrawn at the request of the applicant.
C2. for variances of (1) 19.75 ft to permit a
Grace E. Crawford/Cash America Pawn
structural setback of 5.25 ft from a street (S. Missouri Ave) right-of-way where 25 ft is
required; (2) 7.5 ft to permit a side setback of 2.5 ft where 10 ft is required to allow a
new awning at , Carolina Terrace, Blk C, Lots 8-11 & Lots 18-21
1530 S. Missouri Ave
less street, zoned CG (General Commercial) & RM 8 (Multiple Family Residential).
V
94-61
Mr. Richter directed the Board's attention to a letter from the applicant dated October 25, 1994,
to Mr. Stephen Sarnoff, Central Permitting Specialist, from Mr. Joseph Couturier, Electric Sign
Fabrication, W. Melbourne, Florida, wherein the applicant requests a continuance of a
maximum of thirty days to explore other available options in an effort to solve their problem
without resorting to a variance.
The Chairman noted absence of a site plan with the application, and asked if a continuance
were granted, a site plan be included with any future application; Mr. Richter agreed.
Mr. Richter said, in view of the requested thirty (30) day maximum continuance request, two
weeks would be the only available meeting date within that time frame. Mr. Johnson moved
for a continuance to the November 10, 1994, meeting. The motion was duly seconded and
passed unanimously.
There were no Land Development Code amendments for consideration.
Approval of Minutes:
Ms. Whitney moved to approve the minutes of the September 22, 1994, meeting. The motion
was duly seconded and carried unanimously. Mr. Gans moved to approve the minutes of
October 13, 1994. The motion was duly seconded and carried unanimously.
There were no Chairman's items for consideration.
The following Director's item was considered:
In the packet distributed by Mr. Richter at the meeting, a memorandum written by Scott
Shuford, Central Permitting Director, dated October 7, 1994, was noted. Mr. Shuford asked
the Board members to indefinitely continue the Site Lighting and Refuse Container Ordinances
due to the need to further coordinate these two ordinances with other departments and
agencies.
DCAB Minutes 3 10/27/94
DCAB Minutes 4 10/27/94
The following are Board and Staff comments:
A question was raised as to the necessity of indicating "excused" if a member is absent from a
meeting. It was briefly discussed and agreed staff would assume a member had notified staff
of his/her absence, unless an emergency situation existed, and indication of the word
"excused" for an absence in the minutes would no longer be required.
Members noted their parking "stickies" ended with November 10th and they would need future
date stickies for future meetings. Mr. Richter said he would handle.
Mr. Gans complimented Ms. Demarest that, in his opinion, the minutes as now submitted were
in greater detail, more complete with more reasons and background. The Chairman agreed.
Mr. Gans asked that his compliment be made part of the minutes.
Mr. Richter distributed the first quarter, 1995, meeting schedule to the Board members, who
read the schedule and approved. It was noted the meetings will continue to be held on the
second and fourth Thursdays of the month. Chairman Plisko noted there will be no "second
Thursday" meeting scheduled for November or December due to the holidays.
Ms. Whitney made a motion, duly seconded and the meeting adjourned at 1:50 p.m.
DCAB Minutes 5 10/27/94