treasure island planning and zoning board city hall auditorium

TREASURE ISLAND PLANNING AND ZONING BOARD
CITY HALL AUDITORIUM - 120 108th AVENUE
TREASURE ISLAND, FLORIDA
THURSDAY, MARCH 19, 2015 AT 2:00 PM
1.
MEETING CALLED TO ORDER BY PRESIDING OFFICER
2.
PLEDGE OF ALLEGIANCE
3.
CELL PHONE ANNOUNCEMENT
4.
ROLL CALL
TIM BUTLER
KEVIN JOHNSON
LARRY LUNN
SALEENE PARTRIDGE
STEVE YOST
DENNIS FAGAN (CHAIRPERSON)
JOHN LAYNE
FRANK MCCONNELL
GUY PETIX
DAN YOUNKMAN
RICHARD HARRIS
JIM LORENZ (VICE - CHAIR)
DARRELL MEACHUM
MITCHELL SHENKMAN
5.
APPROVAL OF MINUTES – DECEMBER 18, 2014 (Revised) AND FEBRUARY 19, 2015
6.
EX PARTE COMMUNICATION DISCLOSURE
7.
ADMINISTRATION OF WITNESS OATH
8.
PRESENTATION OF ITEMS:
a. Case No. PZ-2015-12V A variance request to reduce the north side yard setback
from 7.5 feet to 3.83 feet to install an addition. This variance will increase the
st
nd
living area 18 square feet on both the 1 floor and the 2 floor and allows for
the alignment with the existing side wall of the house. (RM-15)
9.
REPORTS AND COMMENTS OF CITY ATTORNEY, STAFF, AND BOARD MEMBERS
10.
NEXT PLANNING AND ZONING BOARD MEETING – THURSDAY, APRIL 16, 2015 AT 2 P.M.
11.
ADJOURNMENT
Ex parte communication - The substance of any ex parte communication with a board member which relates to quasi-judicial
action pending before the Board is not presumed prejudicial to the action if the subject of the communication and the identity of
the person, group, or entity with whom the communication took place is disclosed and part of the record before final action on
the matter. The board member may read a written communication from any person. However, a written communication that
relates to quasi-judicial action pending before a board member shall not be presumed prejudicial to the action, and such
written communication shall be made a part of the record before final action on the matter. Board members may conduct
investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such
activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit or expert opinion is made
a part of the record before final action on the matter. Disclosure must be made before or during the public meeting at which a
vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication
are given a reasonable opportunity to refute or respond to the communication. (For more information see Florida Statutes
286.0115)
Any person desiring to file an appeal to any action taken by the Board at this meeting will need a record of the proceedings
and for such purpose may be required to insure that a verbatim transcript is made. Said transcript shall be made by the
appellant at his or her expense. The City maintains a tape recording of all public hearings. In the event that you wish to appeal
a decision, the tape may or may not adequately insure a verbatim record of the proceedings. Therefore, you may wish to
provide a court reporter at your expense.
Any person with a disability who needs any accommodation in order to participate in this proceeding is entitled to assistance at
no cost. Please contact the office of the City Clerk in writing at 120 108th Avenue, Treasure Island, Florida 33706, or by phone
at 727-547-4575, at least two working days prior to the meeting to advise what assistance is needed.
CITY OF TREASURE ISLAND
PLANNING AND ZONING BOARD
MINUTES
Thursday, December 18, 2014
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
Tim Butler
Dennis Fagan (Chairperson)
Richard Harris
Cecil Hersey
Kevin Johnson
John Layne
Jim Lorenz (Vice-Chair)
Frank McConnell
Darrell Meachum
Saleene Partridge
Guy Petix
Susan M. Reiter
Mitchell Shenkman
Steve Yost
Dan Younkman
Absent
Present
Present
Absent
Present
Present
Absent
Present
Present
Present
Present
Absent
Present
Present
Present
The Chairperson called the meeting to order at 2:03 pm. Present were the City
Attorney, Maura Kiefer, the CI Director, Paula Cohen and the City Planner,
Michelle Orton.
It was noted that Mr. Hersey, Mr. Lorenz and Ms. Reiter have reported their
absence.
3. APPROVAL OF MINUTES:
Motion was made by Mr. Butler and seconded by Ms. Partridge to approve the
minutes of the meeting of November 20, 2014 as printed. Upon a voice vote the
motion was passed unanimously.
4. EX PARTE COMMUNICATION:
There was no Ex Parte communication reported.
5. ADMINISTRATION OF OATH:
All applicants, witnesses, members of staff and other persons wishing to address
any item before the Board of quasi-judicial nature were duly sworn.
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P & Z minutes 12/18/2014
6. PRESENTATION OF ITEMS:
A. [PZ-2014-32–SR – Site Plan Review ]- New Florida Property Rental, LLC,
275 104th Avenue, is requesting a site plan review for a new 4 unit multifamily structure, accessory garage and swimming pool along the Boca
Ciega Bay. Resort Facilities Medium (RFM-30).
The CI Director offered a verbal presentation of the staff report and answered
questions of the Board.
The applicant’s agent, Hani Matta, addressed the Board and offered a review
of the site plan.
There were no public comments.
ACTION:
Motion was made by Mr. Harris and seconded by Mr. Butler to approve the
site plan in accordance with subject site plan and subject to staff conditions.
Upon roll call the vote to approve the site plan was unanimous.
B. [PZ-2014-35-SM – Site Plan Modification] – PV-Treasure Island, LLC,
10681 Gulf Boulevard is requesting a site plan modification for an
existing commercial strip center. Planned Redevelopment-Mixed Use
(PR-MU Core)
The CI Director offered a verbal presentation of the staff report and
answered questions of the Board.
Board discussion ensued expressing a concern with the location of the
proposed handicapped parking space, the outside dining area and the use of
the second floor office space.
The applicant, Meagan Vieren, addressed the Board and answered
questions of the Board.
Public Comments:
Ms. Mel Lenehan, 8251 Bayshore Dr., addressed the Board and expressed a
concern with traffic but stressed the need for improvement of the building
and encouraged approval of the project.
Public comments closed.
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P & Z minutes 12/18/2014
Upon a request for clarification from Mr. Shenkman regarding signage, the
applicant responded that signage details have not been determined.
ACTION:
Motion was made by Mr. Harris and seconded by Ms. Partridge to approve
the site plan modification in accordance with the submitted site plan
excluding signage and subject to staff conditions.
Mr. Meachum questioned the accuracy of the submitted site plan and the
fact that the applicant has not determined signage criteria.
The applicant’s architect addressed the Board and stated that the site plan
submitted is a general representation of the planned project and the criteria
for signage will be followed.
Upon a question from Mr. McConnell regarding the prospect of another
doorway being established to allow the handicapped parking to be moved
further east, the applicant’s architect responded that there will be new doors
installed but the doorways will remain on the Gulf Boulevard side but that
there has been discussion pertaining to moving the handicapped parking
further east.
Upon a statement by Mr. McConnell in which he asked that if the approval
was of the present configuration or a similar configuration which permitted
the handicapped parking further to the east, could that be done without the
submission of a new site plan, the CI Director responded that this could be
included in the motion if the first and second person’s agreed to amend the
motion.
Mr. Harris stated that since he made the original motion he has no objection
to the idea of the modification of moving two spaces easterly and if this is
possible it could be included in his motion.
Further discussion included statements by the Chair that the modification
would be according to code and from Ms. Partridge indicating that perhaps
one of the windows could be made into a door. Mr. McConnell stated that the
reconfiguration is not a requirement but that the applicant is permitted to
reconfigure if allowed by code without presenting a new site plan.
The Chair then asked Mr. Harris if this is how he wishes to amend his motion
and Mr. Harris responded that it is and Ms. Partridge agreed.
Further discussion ensued with Mr. Yost requesting clarification regarding
the eastern alley as it is indicated on the plans and the CI Director
responded that the alley in question is privately owned.
3
P & Z minutes 12/18/2014
The discussion then continued with Mr. Shenkman and Mr. Butler expressing
a concern with the parking requirements if an eating establishment were to
be a new tenant and were informed by the CI Director that parking
requirements are a City Commission decision.
Mr. Meachum than wished to confirm that the motion about to be approved is
the site plan modification as proposed with the exception of signage and a
caveat that if the owner wished to move the handicapped spots to the east
they may do so without again coming before the Board.
For clarification, the amended motion as agreed by Mr. Harris and Ms.
Partridge reads: to approve the site plan modification in accordance with the
submitted site plan excluding signage and subject to staff conditions and
recommendations and to include the caveat that if the owner wished to
modify the handicapped parking spots there would be no need for a new site
plan to be presented to the Board.
Upon roll call the vote to approve the site plan modification was unanimous.
C. [PZ-2014-36-SM – Site Plan Modification] – Jeffrey and Holly Pohler, 8484
West Gulf Boulevard, are requesting a site plan modification to a single
family property along the Gulf of Mexico to install a swimming pool,
deck and fence in the waterfront yard. Residential Medium (RM-15)
The CI Director offered a verbal presentation of the staff report and answered
questions of the Board
The applicant, Jeff Pohler, addressed the Board and indicated that there are
no objections to the pool from neighbors.
There were no public comments.
ACTION:
Motion was made by Mr. Yost and seconded by Mr. Harris to approve the site
plan modification as presented with staff recommendations.
Upon roll call the vote to approve the site plan modification was unanimous.
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P & Z minutes 12/18/2014
7. REPORTS AND COMMENTS FROM THE CITY ATTORNEY, STAFF AND BOARD
MEMBERS:
The Chair wished to open discussion regarding the PD and upon a
suggestion from the City Attorney the Chair decided to instead begin the LPA
meeting with the discussion regarding the PD since it is an LPA item.
The CI Director informed the Board that there are seven cases for the
January15, 2014 meeting and would like to see a full Board in attendance.
The Chair announced that Ms. Reiter has submitted her resignation effective
December 22, 2014 due to a planned relocation.
8. NEXT MEETING:
The next regularly scheduled P & Z meeting will be Thursday, January 15, 2015
at 2:00 pm.
9. ADJOURNMENT:
Motion was made to adjourn the meeting.
The meeting was adjourned at 3:22 pm.
A. J. Sarko
Recording Secretary
Dennis Fagan
Chairperson
5
P & Z minutes 12/18/2014
CITY OF TREASURE ISLAND
PLANNING AND ZONING BOARD
MINUTES
Thursday, February 19, 2015
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
Tim Butler
Dennis Fagan (Chairperson)
Richard Harris
Kevin Johnson
John Layne
Jim Lorenz (Vice-Chair)
Frank McConnell
Darrell Meachum
Saleene Partridge
Guy Petix
Mitchell Shenkman
Steve Yost
Dan Younkman
Present
Present
Present
Absent
Present
Present
Present
Present
Present
Present
Present
Absent (arrived 3:23 pm)
Present
The Chairperson called the meeting to order at 2: 05 pm. Present were the City
Attorney, Maura Kiefer, the CI Director, Paula Cohen and the City Planner,
Michelle Orton.
Mr. Hersey submitted his resignation by e-mail on February 4, 2015.
It was noted that Mr. Johnson has reported his absence.
3. APPROVAL OF MINUTES:
The revised minutes of the meeting of December 18, 2014 were tabled at the
request of the Chair to allow for another review as Mr. Meachum indicated some
confusion due to a lack of clarification as to the final motion.
Motion was made by Mr. Harris and seconded by Mr. Shenkman to approve the
minutes of the meeting of January 15, 2015 as printed. Upon a voice vote the
motion to approve the minutes was unanimous.
1
P & Z minutes 02/19/2015
4. EX PARTE COMMUNICATION:
There was no Ex Parte communication reported.
5. ADMINISTRATION OF OATH:
All applicants, witnesses, members of staff and other persons wishing to address
any item before the Board of quasi-judicial nature were duly sworn.
6. PRESENTATION OF ITEMS:
A. [PZ-2015-08-V - Variance ]- Ronald Schmidt, 11775 7th St E, is requesting
a variance to increase the combined maximum width for a residential
dock and boat lift from 35 feet to 41 feet. Residential Urban (RU-75)
The CI Director offered a verbal presentation of the staff report and answered
questions of the Board.
Board discussion ensued regarding the criteria and computation of width for
docks and marine structures.
The CI Director noted that an opinion would come from the Pinellas County
Water and Navigation who oversee all dockage in the waters.
The applicant, Mr. Ron Schmidt, addressed the Board and in response to a
question from the Chair regarding a continuation of the case Mr. Schmidt
stated that he would like an answer today.
The City Attorney read, for the benefit of the Board, the definition of a dock
and catwalk.
Board recessed 2:45 pm.
Board reconvened 2:50 pm.
In response to a suggestion from Mr. Petix to continue the case even though
the applicant declined a continuation, the City Attorney responded that there
is nothing in the code to allow the Board to suspend the hearing over the
objection of the applicant.
The applicant’s representative, Mr. Chuck Juneau from Tampa Dock and
Seawall, addressed the Board and answered questions of the Board. Mr.
Juneau quoted Florida Statute 120.542 which relates to undue hardship.
2
P & Z minutes 02/19/2015
The applicant offered for the record a notarized affidavit from Mr. Lothar
Amenda indicating no objection to the proposed construction.
There were no public comments.
ACTION:
Motion was made by Mr. Harris and seconded by Mr. Butler to approve the
variance request stating reasons of some maneuvering hardships in the
area, that there is a lot of waterfront footage and also that there is a
notarized letter from the abutting neighbor stating no objection. Motion
includes staff conditions and recommendations.
Upon roll call the vote to approve the variance was 8 ayes and 3 nays (Mr.
Meachum, Mr. McConnell and Mr. Shenkman the dissenting votes).
B. [PZ-2015-09-V – Variance] – Peter and Pamela Delaney, 11120 8th St, are
requesting a variance to reduce the southeastern side yard setback
from 10 feet to 8feet 6 inches to install a pergola. Residential Urban
(RU-75)
The CI Director offered a verbal presentation of the staff report and
answered questions of the Board.
The applicant, Mr. Delaney, addressed the Board and explained the reasons
for the pergola request.
Mr. David Greiner, the applicant’s agent, addressed the Board and answered
questions of the Board.
The Chair read into the record an anonymous letter dated February 15, 2015
from a neighbor requesting the variance be denied.
There were no public comments.
Mr. Yost arrived at 3:23 pm.
ACTION:
Motion was made by Mr. Harris and seconded by Mr. Shenkman to deny the
variance request as presented.
Upon roll call the vote to deny the variance was unanimous.
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P & Z minutes 02/19/2015
C. [PZ-2015-010-V - Variance] – Navneet and Neerja Anand, 8490 West Gulf
Boulevard are requesting a variance to reduce the north side yard
setback from 10 feet to 1 foot 8 inches to install a landscape water
feature approximately 12 feet 8 inches in width, 14 feet 1 inch in length
with a 12 inch water depth. Residential Medium (RM-15)
The CI Director offered a verbal presentation of the staff report and answered
questions of the Board.
The Chair requested clarification from staff regarding Section 70-221 of the
code.
Mr. Andrew Dohman of Design Styles, the applicant’s agent, addressed the
Board and answered questions of the Board. Mr. Dohman distributed copies
of the original site plan which indicated the original location of the water
feature. Mr. Dohman offered a video presentation of the house and the
proposed new location of the water feature.
Mr. Steve Perry, the general contractor for the project, addressed the Board.
The applicant, Mr. Navneet Anand, addressed the Board.
Ms. Susan Holzinger, 8540 West Gulf Boulevard, an abutting neighbor
addressed the Board and stated that she very much approves of the project.
The Chair read into the record a letter from Wayne and Josephine Leece,
8479 West Gulf Boulevard dated February 17, 2015 and an e-mail from
Rosalie and Anthony LoCicero, 8475 West Gulf Boulevard dated February 13,
2015. Both properties are located across the street and both owners are
objecting to the water feature variance.
There were no public comments.
The Chair requested that the City Attorney research the definition of a
structure, accessory structure and she then read the definition for the benefit
of the Board.
Board recessed 4:31 pm
Board reconvened at 4:35 pm
4
P & Z minutes 02/19/2015
ACTION:
Motion was made by Mr. McConnell and seconded by Ms. Partridge to
approve the variance request as presented specifically and only for the
creation of the water feature. Noted that the proposed encroachment will not
block anyone’s view, this is a landscape water feature, it is not a swimming
pool or an accessory structure. The minimum setback should not apply to
this improvement. The 2010 Florida Building Code does not regulate this
structure as a pool because it is not 24 inches in depth. Since this is not a
swimming pool the minimum setback should not apply to this water feature.
Upon roll call the vote to approve the variance request was 11 ayes and 1 nay
(Mr. Lorenz the dissenting vote).
The Board recessed at 4:25 pm.
The Board reconvened at 4:30 pm.
D. [PZ-2015-11-SM – Site Plan Modification] – Navneet and Neerja Anand,
8490 West Gulf Boulevard are requesting a site plan modification to a
single family property located at 849 West Gulf Boulevard along the Gulf
of Mexico. The applicant proposes to build a 6 foot wall on the south
side of the property and relocate the landscape water feature on the
site. Residential Medium (RM-15)
The CI Director offered a verbal presentation and answered questions of the
Board.
Mr. Andrew Dohman, the applicant’s agent, addressed the Board.
There were no public comments.
ACTION:
Motion was made by Mr. Butler and seconded by Mr. Layne to approve the
site plan modification as presented with staff recommendations and
conditions.
Upon roll call the vote to approve the site plan modification was unanimous.
5
P & Z minutes 02/19/2015
7. REPORTS AND COMMENTS FROM THE CITY ATTORNEY, STAFF AND BOARD
MEMBERS:
There were no reports.
8. NEXT MEETING:
The next regularly scheduled P & Z meeting will be Thursday, March 19, 2015 at
2:00 pm.
9. ADJOURNMENT:
Motion was made to adjourn the meeting.
The meeting was adjourned at 4:40 pm.
A. J. Sarko
Recording Secretary
Dennis Fagan
Chairperson
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P & Z minutes 02/19/2015
CITY OF
TREASURE ISLAND
PLANNING AND ZONING BOARD
120 - 108th Avenue, Treasure Island, Florida 33706
Telephone (727) 547-4575; Fax (727) 547-4584
CASE NO. PZ-2015-12-V
STAFF REPORT
March 19, 2015; 2:00 p.m.; Planning and Zoning Board
120 108th Avenue – City Hall Auditorium
PROPERTY
OWNER:
Gary Dybul
712 Huntington Pines Dr.
Ocoee, FL 34761
AGENT:
Sean Roney, Roney Design Group
535 Central Avenue, Suite M-1
St. Petersburg, FL 33701
REQUEST: A variance request to reduce the north side yard setback from 7.5 feet to 3.83
feet to install an addition. This variance will increase the living area 18 sq. feet on both the 1st
floor and 2nd floor and allows for the alignment with the existing side wall of the house.
GENERAL INFORMATION:
Location:
318 Bay Plaza
Land Use:
Residential Medium
Zoning:
RM-15
Adjacent Property (Use):
North: 312 Bay Plaza – single dwelling unit
South: 324 Bay Plaza – 3 dwelling units
East: Boca Ciega Bay
West: Smugglers Cove of Sunset Beach Condo
215 85th Avenue
8 dwelling units
Site Area:
4500+/- square feet
Flood Zone:
AE 11, Flood Insurance Rate Map
Community Panel No. 12103C0257G, September 3, 2003.
1
Site Legal:
Herron’s Sub, No. 8, Lot 25
Parcel #:
25-31-15-38448-000-0250
BACKGROUND:
The structure was built in 1941. The subject structure is 2 stories in height and non-FEMA
compliant. Also on the site is a detached, semi-finished structure approximately 300 square feet
in size located close to the seawall. This accessory structure is also non-FEMA compliant
This lot previously held a local business tax receipt for 3 dwelling units. The detached semifinished structure served as one unit and the 2-story house provided for 2 units. The rental of
units ended in 2008.
The applicant purchased this property in May 2013. The applicant proposes to remove all of the
illegal construction from the rear of the 2-story house. The illegal construction includes the
balcony, porch area, and staircase. Due to water damage and deterioration, the applicant
needs to reconstruct the existing rear wall of the residence. He will also establish a structurally
safe, open 2nd floor balcony on the rear. There are also structural changes that he wishes to
make to complete the conversion from a 2-unit structure to a single family structure. While it is
not rented or used as a 2-family structure, the interior alterations of the structure were never
completed.
STAFF ANALYSIS – VARIANCE REQUEST:
1.
The variance is in fact a variance as set forth within the Land Development Regulations
and within the province of the Planning and Zoning Board based upon the opinion of the
City Manager or his designee.
The variance being requested is set forth within the Land Development Regulations and
under the purview of the Planning and Zoning Board.
2.
Special conditions or circumstances exist which are peculiar to the building, structure, or
land for which the variance is sought and do not apply generally to buildings, structures,
or lands in the same district.
Section 68-431, Schedule of lot and bulk regulations describes the dimensional
requirements of the RM-15, Residential Medium District.
The restrictions and controls intended to regulate the property development characteristics of
each zoning district are set forth in the following schedule of lot and bulk regulations
supplemented by other sections of this chapter:
2
District/Use
Minimum
Lot
Width
(Feet)
Minimum
Lot
Depth
(Feet)
Minimum
Lot
Area
(Square
Feet)
Maximum
Density
Dwelling
Units
(Per
Acre)
Maximum
Building
Height
(Above
BFE +2 feet of
freeboard)
90
90
90
4,500
6,000
9,000
35
35
35
Group Homes (licensed)
70
90
(Excl. ACLF's)
Maximum lot coverage in all districts: 50%
Impervious surface ratio—RM-15: 70%
9,000
9
11
15 (2 living
levels max.)
15 (2 living
levels max.)
RM-15 Residential Medium
Dwelling, Residential
Single-family
Two-family
Multiple-family
40
50
70
35
The subject lot is 50 feet x 90 feet. The lot is 4500 sq. ft. This is the minimum area for an
RM-15 lot. The applicant proposes to make improvements to the 2-story structure to
better establish its use and function as a single family home. In making those
modifications, it is appealing to the applicant and designer to “square off” the house by
allowing the side wall to be the same width for the entire structure rather than inset
toward the rear of the building.
3.
Strict application of the provisions of the land development regulations would not permit
the applicant reasonable use of the building; structure, or land.
A literal interpretation of the Land Development Regulations continues to provide the
property owners’ full use of the subject site with a habitable structure and an outbuilding
in the rear waterfront yard.
4.
The peculiar conditions and circumstances existing are not the result of the actions of
the applicant, the applicant’s agents, or the applicant’s predecessors in title.
There were a number of actions by predecessors in title that influenced the layout of the
living structure, the number of rental units on the site, and the unpermitted balcony and
porch areas at the rear of the 2-story structure. Lack of attention to maintenance has led
to the deteriorated condition of the rear and side wall where the applicant is seeking to
align with the existing exterior wall of the structure.
5.
The variance proposed to be granted is the minimum variance that will make possible
the reasonable use of the building, structure, or land.
The variance is being requested for a small addition into the side yard (toward the rear
portion of the house) to align with the existing side wall. The proposed addition will
provide for 18 square feet on the 1st floor and 18 square feet on the 2nd floor.
The minimum variance would be zero feet because the house exists and functions
without any additional encroachment into the side yard.
3
6.
Owing to special conditions, a literal enforcement would result in unnecessary hardship.
Special conditions to be considered pursuant to this section of the land development
regulations shall include, but not be limited to, the following circumstances:
 Redevelopment. If the proposed project involves the redevelopment or utilization
of an existing developed or partially developed site.
 Substandard Lot(s). If the proposed project involves the utilization of an existing
legal nonconforming lot(s).
 Neighborhood Character. If the proposed project promotes the established
development pattern of a block face, including setbacks, building height, and
other dimensional requirements.
 Public Facilities. If the proposed project involves the development of public parks,
public facilities or public utilities.
 Architectural and/or engineering considerations. If the proposed project utilizes
architectural and/or engineering features that would render the project more
disaster-resistant.
Comments:





7.
Redevelopment – Applicable. The applicant wishes to remodel the 2-story
structure with permits to ensure it is a functional, safe single family house
Substandard Lot(s) – This property is not substandard for the RM-15 district.
Neighborhood Character– The character of the neighborhood will not change
as a result of this variance. The encroachment is no greater than currently exists
in the side yard.
Public Facilities – Not applicable
Architectural and/or engineering considerations – The proposed
improvement will not provide for a more disaster-resistant dwelling unit. The
improvement will remove unpermitted construction and deteriorated walls which
exist currently.
The granting of the variance will be in harmony with the general purpose and intent of
this chapter.
The use of the property as single family is in conformance with the zoning and
future land use assignment for the property. The location of the site is residential
in character. Formerly as a 2-unit structure, this 2-story building was considered
a non-conforming use.
The reduction of north side yard setback from 7.5 feet to 3.83 is less than the
smallest side yard setback of 5 feet permitted within the City of Treasure Island.
8.
The granting of the variance will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
It is unlikely that granting this variance will be injurious to the neighborhood. The
side yard is already partially blocked by an existing side wall of the structure. The
newly proposed addition aligns with that same exterior wall. No greater
encroachment occurs in the side yard; however this action is considered an
extension of any existing non-conformity on the site.
4
STAFF RECOMMENDATION:
Staff recommends DENIAL of the variance request to reduce the north side yard setback from
7.5 feet to 3.83 feet to install an addition. This variance will increase the living area 18 sq. feet
on both the 1st floor and 2nd floor and allows for the alignment with the existing side wall of the
house based on the following:

This is a self-imposed hardship.

This variance request constitutes an extension of any existing non-conformity on the site.
Should the Planning and Zoning Board wish to APPROVE this request for a variance to reduce
the north side yard setback from 7.5 feet to 3.83 feet to provide for an addition; the approval
would be based on the following:

The proposed encroachment will not block anyone's view.
encroachment of the same width in the same side yard.
There is already an
Conditions for approval:

The applicant shall complete the conversion of the 2-story structure to a single family
house through interior modifications which brings this use into conformity with the land
use and zoning assignments.

The applicant shall remove the illegal construction currently attached to the rear of the 2story structure to provide for a safer building.

Upon conclusion of this renovation, there shall only be one Duke Energy electric meter
on the site and the existing 220V power supply to the accessory structure must be
removed.
CASE PZ 2015-12V
REQUEST: A variance request to reduce the north side yard setback from 7.5 feet to 3.83 feet
to install an addition. This variance will increase the living area 18 sq. feet on both the 1st floor
and 2nd floor and allows for the alignment with the existing side wall of the house.
Planning and Zoning Board Action:
[ ] Approved
[ ] Denied
[ ] Deferred
5
[ ] Approved with Conditions
.
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i certify that i have reviewed the Land Development Regulations and that my submission meets all requirements. The only exceptions are those
items to whichI am requesting variances to or waivers from certain sections of the code and understand that they must be listed on the plans
individually aim on the attached transmittal. I understand that if an item does need a variance, it will be necessary to file through the appropriate
review entity./
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Signature must be original (No copies, scans, faxes or e-mails)
Owner/Ag
Date
VARIANCE APPLICATION
FOR ADDITIONS
TO THE
Dybul Residence
318 Bay Plaza
Treasure Island, Florida 33706
NARRATIVE STATEMENT
1. The Owner of this property is requesting an approval of a variance to the RM-15, side yard setback regulations, to
allow for a side yard setback encroachment (1st & 2nd floor) from 7.5 ft. to 3.83 ft. The total encroachment will be
no more than 18 sq. ft. (each floor) and will align with the existing side walls of the residence as shown on
attached Proposed Site Plan (2/C1). The addition will not encroach more than the current building encroachments
and will maintain a clear access path that the side yard currently has. The lot size is 50' wide x 90' deep, with an
area of 4,500 sq. ft.
2. The existing main residence currently encroaches into the side yard setback. By aligning the new addition with
the existing side wall, we will be keeping the building in square and also aligning existing roof lines continuously
to match the existing architectural design of the residence. The existing rear walls of the residence (interior &
exterior) appear to be dilapidated and neglected, leading to extensive water damage, in addition to substandard
construction methods. By allowing for the addition, the new walls will be constructed to meet and exceed all
building code requirements for hurricane and moisture distresses to the structure, (see attached existing photos of
residence)
3. Since the existing main residence already encroaches into the side yard setback, and by following the current side
yard setback regulations, the new addition will have to step towards the interior of the lot. This would create the
addition to not align with the existing structure and would make it out of square, resulting in a difficult structural
solution with roof and walls not matching the existing shape and architectural design. Furthermore, the interior
uses for each room would create greater non-functioning spaces than currently exists.
4. The existing building does not meet the current setback regulations, therefore these conditions are not a result of
the actions of the applicant or agent.
5. We believe this variance request is the minimum required to help develop and maintain the architectural features
to the rear of the existing residence, without imposing any sight restrictions to neighboring properties. By doing
so, we are aligning with the existing side wall and encroaching no more than 5 ft. past the existing rear wall (18
sq. ft. max.)
6. Special conditions:
a. This property currently has (3) separate meters. With approval of the variance request, we will be
converting this property to a single family use to follow the required zoning regulations and reduce the
number of meters from 3 to 1. In addition, we are removing the existing 220V power supply that
currently feeds the existing detached frame structure in the rear. We are also removing the south side
entrance and steps into the residence, resulting in a front and rear entrance to follow single family home
design patterns. Furthermore, we will also be eliminating the existing rear wood balcony, roof, stairs and
1st Floor covered and open deck areas since they were not permitted and are determined to be in conflict
with the addition and not structurally sound to meet or exceed current building code regulations. By
taking these actions, our intention is to bring the entire property in compliance with a single family use,
and have no resemblance of a multi-family use.
b. The existing building was constructed by previous setback regulations which are not relevant to current
setback regulations. Therefore, in order to construct an addition, a variance would be required to align
with the existing building and make it structurally square.
c. The existing neighborhood has many non-conforming structures in this zoning district, ie: rear and sides
of buildings not meeting the required setbacks. Furthermore, there are neighboring seawalls that encroach
past the property line that raise question.
d. This is not a public project.
e. As stated above, this project has been designed to meet the existing architectural style and structural
design by aligning and squaring off with the existing side wall of the residence.
7. The granting of this variance will be in harmony with the intent of the code in order to provide relief to structures
with hardships, while at the same time develop an attractive architecturally and structurally designed home.
8. The granting of this variance will enhance the character of the neighborhood and we feel the addition will not be
detrimental to the public welfare since all the work is being constructed in the rear of the property which is
consealed by fences and not accessed by the public.
We ask for your thoughtful consideration of this variance request, as we feel that it will have little or no adverse effect to
the neighboring properties or the city, as well as, stay within the neighborhood character and architectural style of the
building. It will also bring the entire property in compliance to a single family use as described in detail in section (a.)
Special Conditions.
Date: February 11, 2015
To: City of Treasure Island
I am the current owner of the residence located at 318 Bay PIz Drive, Treasure Island,
Florida 33706
I am writing this letter to give permission to Sean Roney, Managing Partner of the
RONEY DESIGN GROUP, LLC. Located at 535 Central Avenue, Suite M-1, St.
Petersburg, Florida 33701 to represent me at the March 19, 2015 City of Treasure
Island Planning and Zoning Board hearing to present on our behalf to the City of
Treasure Island in reference to a building variance.
Owner
Mailing Address
Gary Dybul
712 Huntington Pines Drive
Ocoee, FL 34761
P 407-509-1049
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318 Bay Plaza
Street View
Google Maps – March 2014
CITY OF TREASURE ISLAND, FLORIDA
PUBLIC NOTICE
TREASURE ISLAND PLANNING AND ZONING BOARD
PUBLIC HEARING
CASE NO. PZ 2015-12 VARIANCE
DATE: THURSDAY, MARCH 19, 2015 at 2:00 P.M.
TREASURE ISLAND CITY HALL AUDITORIUM LOCATED AT 120 108TH AVENUE
PROPERTY
OWNER:
Gary Dybul
712 Huntington Pines Drive
Ocoee, FL 34761
AGENT:
Sean Roney – Roney Design Group
535 Central Avenue, Suite M-1
St. Petersburg, FL 33701
LOCATION:
318 Bay Plaza, Treasure Island.
The Planning and Zoning Board will consider

A variance request to reduce the north side yard setback from 7.5 feet to 3.83 feet to
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install an addition. This variance will increase the living area 18 sq. feet on both the 1
floor and 2nd floor and allows for the alignment with the existing side wall of the house.
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PLANS FOR THE APPLICATION MAY BE REVIEWED AT THE COMMUNITY IMPROVEMENT DEPARTMENT, 120 108
AVENUE, TREASURE ISLAND, FLORIDA, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM, MONDAY TO FRIDAY.
FOR FURTHER INFORMATION CALL THE COMMUNITY IMPROVEMENT DEPARTMENT AT 547- 4575 EXT. 239.
Ex parte communication - The substance of any ex parte communication with a board member which relates to quasijudicial action pending before the Board is not presumed prejudicial to the action if the subject of the communication and the
identity of the person, group, or entity with whom the communication took place is disclosed and part of the record before
final action on the matter. The board member may read a written communication from any person. However, a written
communication that relates to quasi-judicial action pending before a board member shall not be presumed prejudicial to the
action, and such written communication shall be made a part of the record before final action on the matter. Board members
may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before
them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit or expert
opinion is made a part of the record before final action on the matter. Disclosure must be made before or during the public
meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex
parte communication are given a reasonable opportunity to refute or respond to the communication. (For more information
see Florida Statutes 286.0115)
Any person desiring to file an appeal to any action taken by the Board at this meeting will need a record of the proceedings
and for such purpose may be required to insure that a verbatim transcript is made. Said transcript shall be made by the
appellant at his or her expense. The City maintains a tape recording of all public hearings. In the event that you wish to
appeal a decision, the tape may or may not adequately insure a verbatim record of the proceedings. Therefore, you may
wish to provide a court reporter at your expense.
Any person with a disability who needs any accommodation in order to participate in this proceeding is entitled to assistance
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at no cost. Please contact the office of the City Clerk in writing at 120 108 Avenue, Treasure Island, Florida 33706, or by
phone at 727-547-4575, at least two working days prior to the meeting to advise what assistance is needed.
NOTE: THE STAFF COMMENTS AND OTHER CORRESPONDENCE MAY ALSO BE VIEWED AT THE COMMUNITY
IMPROVEMENT DEPARTMENT OFFICE.
_________________________________________
Paulette E. Cohen, Community Improvement Director