09/29/1987
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MINUTES
PLANNING & ZONING BOARD
SEPTEMBER 29, 1987 - 1:30 PM
Members Present:
Chairman Johnson, Mesdames Nash and Nixon,
Messrs. Hogan and Schwob
Also Present: M. A. Galbraith, Jr., City Attorney
Members Absent:
Messrs. Ferrell and Green
(A) 1 .
Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the
minutes of the September 1, 1987 meeting as written. Motion carried
unanimously (5 to 0).
(A) 2 .
Due to noncompletion of minutes, motion was made by Mr. Hogan,
seconded by Mr. Schwob, to delay approval of minutes of
September 15, 1987 until the Planning and Zoning Meeting scheduled
for October 13, 1987. Motion carried (5 to 0).
Chairman Johnson outlined the procedures for conditional uses and advised that
anyone adversely affected by a decision of the Planning and Zoning Board, with
regard to conditional uses, has two weeks from this date in which to file an
appeal through the City Clerk's Office. Florida Law requires any party
appealing a decision of this Board to have a record of the proceedings to
support the appeal.
.
Ms. Harvey addressed the Board regarding Ordinance No. 4470-87, recently
passed by the City Commission, which effects all decisions made by the
Planning and Zoning Board in regard to requests for sale of alcoholic
beverages made today and in the future.
Ms. Harvey advised that all requirements as written in the Land Development
Code remain in effect with the exception of the "sufficient distance" rule and
that requirement in effect will now be at least 500 feet distant from
churches, schools, and residences. She advised there was also a change to the
extent that the 500 foot separation is a requirement on the application and
any change to the 500 foot separation may only be granted by the City
Commission granting a variance.
Ms. Harvey advised the Board the order of procedure for review in obtaining
zoning approval by the City of Clearwater for an alcoholic beverage license
will be as follows:
Step 1) The applicant will make application for conditional use to be
heard by the Planning and Zoning Board in the form of a public hearing,
review of which is subject to all of the standards in Section l36.025(b)
of the Land Development Code; in terms of the Board making or receiving
comments as to whether or not a proposed business is or is not too close
to a residence, church or school will for the most part have to be
considered only whether the Board feels the use is compatible, if the use
will create noise etc.; the actual determination whether a proposed
business is too close to restricted area is to be referred to the City
Commission for review of the variance request;
.
P & Z Minutes
1
9/29/87
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Step 2) In regards to review by the City Commission if the Planning and
Zoning Board denies the conditional use, the applicant's only course of
further review is to appeal the Board's decision to a State hearing
officer; the applicant does not go before the City Commission to request
a variance if the Board denies a reques t; if the Planning and Zoning
Board approves the conditional use reques t subject to City Commission
approval of a variance, the request will be advertised and hearing
notices sent in the same manner as conditional uses and there will be a
public hearing before the City Commission to hear the request for the
variance to the separation requirement; if the City Commission denies the
request for variance, the applicant's only course of further review will
be to go to Court;
.
Step 3) Any further variance such as a variance for parking, setback, or
anything affecting the development or the application with the exception
of the distance requirement will be required to be heard by the
Development Code Adjustment Board as it is now.
.
After questioning by Ms. Nixon, Ms. Harvey advised the City Commission chose
not to change the order of procedure as this Board had recommended. Ms. Harvey
also advised that maps indicating the 500 foot separation distance have been
prepared and will be forwarded to the City Commission if the variance requests
go forward. She stated Planning Staff will not sign off on an applicant's
alcoholic beverage license until the City Commission has taken action on the
variance request. She also stated this procedure will make the process longer
and is more costly to the applicant. She further advised that staff will be
including maps that will show not only the 200 foot advertised di,stance but
will also show the 500 foot separation distance as it applies to the
particular facility.
After questioning ,by Mr. Hogan, the Board's approval of a conditional use
request for the sale of alcoholic beverages would be subject to approval of a
variance by the City Commission and should be included in the Board's motion.
After questioning by Mr. Schwob, Ms. Harvey advised if such a request is more
than 500 feet distant from a church, school or residence, it will not be
necessary for the applicant to seek variance approval by the City Commission.
After questioning by Mr. Hogan, Ms. Harvey confirmed that all four requests
for alcoholic beverage sales heard today will be required to be heard by the
City Commdssion for variances to the 500 foot separation distance.
(B) Conditional Uses:
1. Lot 8, Blk. F, SaIl's Lake Park Sub.
(2869 Sarah Drive)
Eventide Homes, Inc./
Diane Schwartz/Marion Burean
CU 87-67
(CONTINUED PROM 9/1/87 P & Z MEETING)
.
Request - Level I Group Care Facility
Zoned - RS-8 (Single-Family Residential "Eight")
Ms. Harvey advised as follows: This is a request for conditional use for a
Level I Group Care Facility in the RS-8 (Single-Family Residential) zoning
P & Z Minutes
2
9/29/87
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district; the governing sections of the Land Development Code are Sections
l36.025(b) and (c)(14) and Section 136.020; the specific request is to
increase capacity from 6 to 8 persons; this request was continued from
September 1, 1987 in order for the applicant to submit a proposed parking plan
to the Traffic Engineer and Code Administrator for determination if proposed
parking met requirements; there is a requirement for 4 parking spaces for a
facility of this size; the proposed parking plan was signed off by both the
Traffic Engineer and the Code Administrator as meeting Code requirements; and,
a variance to the lot size was reviewed and approved by the Development Code
Adjustment Board on August 27, 1987. Ms. Harvey advised that, based on the
review by the Traffic Engineer and the Code Administrator in meeting the
requirements for the parking in the appropriate manner, staff recommended
approval subject to the following: 1) That the use permit be procured within 6
months of approval of the conditional use; and 2) That the maximum number of
persons to be housed in the facility is eight persons.
After questioning by Mr. Johnson, Ms. Harvey advised the recommendation for
approval of for a maximum number of eight persons to be housed in the facility
would include resident supervisors and/or cared-for persons.
Ms. Harvey advised one letter of support was received from a nearby resident.
Ms. Harvey advised one letter of objection was received from a nearby
resident.
."'"
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Ms. Diane Schwartz, applicant, appeared to request approval to serve 8 persons
at the above location. She stated she has met requirements and has obtained
building permits.
After questioning by Mr. Hogan, Ms. Schwartz advised it waa not possible to
use a circular driveway and also meet the open space requirements and it was
more conducive to the neighborhood to construct another driveway next to the
present driveway. She added she is looking into using turf block for one of
the driveways so it is not as noticeable but the Traffic Engineer did not
require the use of turf block.
After questioning by Mr. Schwob, Ms. Schwartz stated the residents are all
elderly who get very few visitors and the parking is adequate but 2 spaces
will not meet Code requirements for 8 persons.
Ms. Nixon stated she doesn't feel the house will be compatible with the
surrounding neighborhood with two full driveways. Mr. Hogan stated he doesn't
like 2 asphalt driveways on the small lot. Ms. Nixon stated she would not vote
in favor of allowing the ACLF to increase to 8 persons while having 2 16 foot
driveways because it would be incompatible with the surrounding area.
Mr. Schwob felt the wide driveway will not detract from the neighborhood. He
felt what detracts from a neighborhood is a driveway that is full of cars. He
also stated that at the September 1, 1987 meeting he advised he would be
inclined to vote for the request based on the approval of the Traffic Engineer
and City staff.
.
After questioning by Mr. Hogan. Ms. Schwartz advised her lot is 51 or 52 feet
wide. Ms. Nash expressed concerned about the number of persons in the small
house.
P & Z Minutes
3
9/29/87
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Mr. Schwob stated there has not been significant objection from a neighborhood
where there is good investment in houses.
.
After questioning by Mr. Johnson, Ms. Schwartz stated one 32-foot driveway was
not discussed as an option with the Traffic Engineer and the Traffic Engineer
felt the subject proposal was the best plan for the property.
Mr. ffogan felt the requirement of 4 parking spaces will change the look of the
entire front of the house whether turf block or asphalt is used and 4 cars are
parked in front of the houses it will still look like a parking lot. He would
be more in favor of waiving the required parking. Ms. Harvey advised if the
Board felt 4 parking spaces would be incompatible to the neighborhood the
Board's option would be to approve the request subject to approval of a
parking variance. She further advised if the variance is not granted the use
will not be allowed.
Motion was made by Mr. Schwab to approve the above request subject to the
following: 1) That the use permit be procured within 6 months of approval;
and, 2) That approval is granted for a maximum of 8 persons. Motion died for
lack of a second.
Motion was made by Mr. Hogan, seconded by Ms. Nixon, to approve the above
request subject to the following: 1) That a variance to the 4-space parking
requirement be approved by the Development Code Adjustment Board; 2) That the
use permit be procured within 6 months of approval; and, 3) That approval is
granted for a maximum of 8 persons. Motion carried (4 to 1) with Mr. Schwob
voting "nay."
e,..
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Ms. Nixon explained to the applicant that what was designed for parking is
less acceptable than a variance being approved.
2. Lots 8 and 9, Blk. E, Pineridge Sub.
(1315 North Betty Lane)
Thomas and Elizabeth Floyd, Sr.
CU 87-79
Zoned
2-COP (On Premise Consumption
of Beer and Wine)
CG (General Commercial)
Request
.
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the General Commercial zoning district; the governing
sections of the Land Development Code are Sections 136.025(b) and (c)(l)j the
specific request is for a bar and restaurant with a 2-COP license which is a
beer and wine license; the license is actually a license proposed to be
relocated from another facility leased by the applicant north of the subject
property; the Planning and Zoning Board, on March 18, 1986, reviewed and
denied a similar request for a 4-COP-SRX license, the applicant appealed the
decision to a hearing officer which was upheld, and the applicant further
appealed to the Circuit Court which affirmed the decision of the hearing
officer; a drawing included with the application proposes a l80-seat facility
which requires approximately 55 parking spaces; since there is not 55 parking
spaces available, the applicant will be required to obtain a parking variance
to proceed with the use on the property; the Traffic Engineer had no comment;
the Police Department provided a list of incidents that have occurred at
applicant's establishment north of the subject property and the Police
P & Z Minutes
4
9/29/87
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Department stated it has a concern about the number of incidents occurring at
applicant's current establishment; and, the property is within 500 feet of
residential uses and if the Board approves the request it will be necessary
for the applicant to apply to the City Commission for a variance to the 500
foot rule. Ms. Harvey advised that, based on the previous review by the Board
and comments received by other departments, s taf f reconunended denial of the
above request.
Ms. Harvey advised one letter of objection was received from a nearby resident
and a petition containing 99 signatures was also received from nearby
residents.
Hr. Thomas Floyd, applicant, stated he is proposing to relocate to the subject
building because his current location is rundown, his rent is high and he
wants to have a restaurant and serve beer and wine. He advised there is
approximately 2,500 square feet at the subject location. After questioning by
Mr. Schwob, Mr. Floyd stated there is no food served at the current location
but there will be food at the subject location. He also stated he will serve
food both for sit-down dinners and take out.
A.
W
After questioning by Ms. Nixon, Mr. Floyd advised he currently has 42 parking
spaces. Ms. Harvey clarified that the drawing provided with the application
indicated more than 2,500 square feet for the area shown to be the restaurant.
Mr. Floyd advised the drawing provided is an older drawing and when he found
out he could not use the entire building he decided to add a partition which
will make the square footage of the res taurant less. Ms. Harvey advised
without up-to-date information she can only provide the information supplied.
She also advised without a proper drawing it is not possible to advise the
Board how many parking spaces will be required.
After questioning by Mr. Johnson, Mr. Floyd stated the building is presently
used for a gym for teenagers and also used for storage. He advised that
Ervin's All American Youth Club may stay at the subject location in a part of
the building that will not be used as a restaurant.
In support of the above request, Ms. Elizabeth ()'fieal Floyd, 1471 Fairmount
Street, presented a petition in support of the above request, signed by 132
persons (see attached). She stated what they are proposing to do is to
relocate from a building they are currently renting to a building they are
purchasing. She stated they are cu~~ently paying both rent plus a mortgage.
After questioning by Mr. Hogan, Mr. Floyd advised that Ervin's is not tenant
as the youth club has free use of the building. He stated Ervin's also has a
recreation center on Holt Street and the subject location is used for boxing
and training. He also stated that Ervin's All American Youth Club has no
dances held at the subject location.
After questioning by Mr. Schwob, Mr. Floyd felt there will be new clientele in
the new operation. He stated that at the present location there are 2 bars
separated by only 1 door, one bar being black clientele and one bar being
white clientele. He felt this situation constantly creates a problem. He also
felt all the incidents did not happen at Big T'S but since it is the popular
place it is the name given when calls are made to the police. After further
questioning by Mr. Schwob, Mr. Floyd stated he is at his operation most of the
time.
P & Z Minutes
5
9/29/87
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In opposition to the above request, Mr. William L. Rogers, 1329 Overlea
Street, stated he opposes the zoning of the sub ject building but he does
support Mr. Floyd in his desire to move. He also stated he would like to see
Mr. Floyd move his establishment to some other location. He stated he doesn't
know whether the police are called because of problems at Big T's or the other
bar in the shopping center, but as a homeowner on Over lea Street he is greatly
concerned about the area and problems in the area are on the increase.
Mr. Rogers felt these incidents would not happen if Big T's was not there.
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In rebuttal, Mr. Floyd stated he was hoping the Board would understand his
position with regard to finances and the problems in the area. He stated he
has 3 children and he also lives in the neighborhood and doesn't want to bring
down the neighborhood. He stated that when the subject property was purchased
he was assured the property was ideal for what he wanted to do. Mr. Floyd
assured the Board and the community that he would do his best in the future to
make sure that problems like this will not occur.
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After questioning by Mr. Hogan, Mr. Floyd stated he never intended to open a
second establishment. He stated he was previously trying to get a 4-COP-SRX
license but he decided to drop his request to sell liquor. He stated he never
intended to open a second establishment but to move his location. After
further questioning by Mr. Hogan, Mr. Floyd stated he would have given up his
2--COP license if the Board had approved his previous request for a 4-COP-SRX
license. Mr. Floyd added he has no intention of having 2 licenses now.
.uti.
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Ms. Floyd stated she sympathizes with Mr. Rogers and she does not want to
promote something that would be bring the neighborhood down. She felt that
since the Police Substation was placed in the North Greenwood area the subject
area has gotten a lot of the people who used to be in North Greenwood. She
also felt that the subject area is not as properly supervised. She felt if
there was more support from the Police Department there would not be as many
problems at the current location. Ms. Floyd stated that the employees are
encouraged to call police at the first sign of problems since they do not want
anyone hurt at the current location.
Mr. Schwob stated this appears to a situation within 500 feet of a residential
area and this request appears to be a controversial case. He felt that based
on the ordinance recently passed there was no way to vote in favor of
something that was within 500 feet of a residential area.
Mr. Galbraith clarified that a "no" vote by the Board should not be based on
the distance factor since the City Commission will decide the distance rule.
He stated factors other than distance should be considered and the Board
should not be compelled to vote "no" on distance alone. After questioning by
Mr. Schwob, Mr. Galbraith advised the Board does not recommend anything to the
City Commission but the Board approves a conditional use application subject
to getting any necessary variances whether the variance is for setback, the
SOO-foot rule, etc. Mr. Galbraith stated that residences within 500 feet of a
request for sales of alcoholic beverages is not a basis for denial.
Ms. Nixon felt this would be incompatible with the neighborhood. She also felt
a restaurant at the subject location would be fine but a bar-type restaurant
would not be compatible with surrounding uses.
.
Motion was made by Me. Nixon, seconded by Mr. Hogan, to deny the above
request. Motion carried unanimously (5 to 0).
P & Z Minutes
6
9/29/87
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Lot 1. Blk. C. Skycrest Unit 3 &
Part Lot 2, BIk. D, Skye rest Unit 2
(1759 Drew Street)
John Demetrakis and
Harry Kahajas (Dubes Texaco)
CU 87-80
.
Request
2-APS (Package Sales of
Beer and Wine)
CG (General Commercial)
Zoned
Ms. Harvey advised as follows: This is a request for package sales of
alcoholic beverages in the General Commercial zoning district; the governing
sections of the Land Development Code are Section l36.025(b) and (c)(2)j the
specific request is upgrade an existing license from a l-APS license, which is
for beer only, to a 2-APS license. which is for beer and winej there is a
gasoline station located on the subject property; the Traffic Engineer had no
comment and the Police Department saw no reason to deny license to applicant;
and. the property is within 500 feet of residential uses and will require a
variance by the City Commission if the Board approves the above request.
Ms. Harvey advised that staff recommended approval subject to the following:
1) That approval is granted .subject to approval of a variance to the 500-foot
separation distance by the City Commissionj and 2) That the use permit be
procured within 6 months of approval of the conditional use.
AhA
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Hr. John De~traki8. applicant, stated he intends to sell some wine coolers if
his license is approved. He also stated he does not intend to have a whole
line of wines. He further stated he cannot sell the wine coolers with only a
beer license.
No persons appeared in support of or in opposition to the above request.
Mr. Hogan stated he is against the sale of alcoholic beverages in gasoline
stations.
Ms. Nixon felt there have been no complaints with the subject establishment.
She also stated this is a small station and only wine coolers are intended to
be sold.
Motion was made by Ms. Nixon. seconded by Mr. Schwob. to approved the above
request subject to the following: 1) That approval is granted subject to
approval of a variance to the SOD-foot separation distance by the City
Commission; and 2) That the use permit be procured within 6 months of approval
of the conditional use. Motion carried (4 to 1) with Mr. Hogan voting -nay.-
Ms. Harvey advised the applicant it will be necessary to make application for
a variance to the SOO-foot rule in the City Clerk's Office. She also advised
Planning staff cannot sign off on applicant's license until a variance is
approved by the City Commission.
.
P & Z Minutes
7
9/29/87
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M&B 31.02, Sec. 22-29S-15E
(1475 South Greenwood Avenue)
Anthony C. Kiggins & Arnold Ken1y
(Lifetime Radiators)/Robert Knox
CU 87-81
.
Request
Vehicle Service (Air Conditioning
and Radiator Service)
CG (General Commercial)
Zoned
Ms. Harvey advised as follows: This is a request for vehicle service in the
General Commercial zoning district; the governing sections of the Land
Development Code are Sections 136.025(b) and (c)(27); the specific request is
to provide vehicle service at 1475 South Greenwood and applicant is proposing
to do radiator and air conditioning repair; and, the Traffic Engineer had no
comment on the application. Ms. Harvey stated staff recommended approval
subject to the following: 1) That the use permit be obtained within 6 months
of approval of the conditional use; 2) That any tires, parts, or other
materials would be stored indoors; and 3) That the use is granted specifically
for radiator and air conditioning repair.
.
Ms. Wendy Nichols, representative of applicant, radiators are repaired and/or
replaced at the subject location. She stated there are very few wholesale
customers and there is very little air conditioning repair done at the subject
location. After questioning by Mr. Johnson, Ms. Nichols stated the operation
was located a few doors away for 1 1/2 years. After questioning by Mr. Schwob,
Ms. Nichols stated there are very few radiators stored and everything
including equipment is stored indoors.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hogan, seconded by Mr. Schwob, to approve the above
request subject to the following: 1) That the use permit be obtained within 6
months of approval of the conditional use; 2) That any tires, parts, or other
materials would be stored indoors; and 3) That the use is granted specifically
for radiator and air conditioning repair. Motion carried unanimously (5 to 0).
5. M&B 33.02, Sec. 2a-28S-16E
(2550 McMullen Booth Road)
Rutenberg Associates, Ltd.
(The Frog Pond)/John Donnelly, III
eu 87-82
Request 2-COP (On Premise Consumption
of Beer and Wine)
Zoned - ce (Commercial Center)
.
Ms. Harvey advised as follows: This is a request for on premises consumption
of alcoholic beverages in the Commercial Center zoning district; the governing
sections of the Land Development Code are sections l36.025(b) and (c) (1); the
specific request is for change in ownership of a bar/restaurant with a 2-COP
license at the subject location; the use was previously granted by the Board
on November 18, 1986; the Traffic Engineer commented there are no problems
with parking and the Police Department saw no reason to deny license; and, the
proposed establishment is within 500 feet of residential uses and a church
which will require that a variance to the 500-foot separation distance be
P & Z Minutes
8
9/29/87
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approved by the City Commission if the conditional use is approved by the
Board. Ms. Harvey stated staff recommended approval of the above request
subject to the following: 1) That approval is granted subject to approval of a
variance to the 500-foot separation distance by the City Commission; and
2) That the use permit be procured within 6 months of approval of the
conditional use.
Hr. John Donnelly, applicant, stated he is requesting approval of a 2-COP
license to sell beer and wine in his restaurant to help increase volume. He
stated most sales of alcoholic beverages are expected to be during lunch time.
He felt the proposed operation should not hurt the surrounding uses. After
questioning by Mr. Johnson, Mr. Donnelly stated his operation is open for
breakf as t and lunch only and the hours of opera tion are 7: 30 AM. to 3: 00 PM
Tuesday through Saturday and 8:00 AM to 2:00 PM on Sunday with the restaurant
closed on Monday.
No persons appeared in support of or in opposition to the above request.
Mr. Schwob stated he sees no interference with the surrounding uses.
Motion was made by Mr. Schwob, seconded by Ms. Nixon, to approve the above
request subject to the following: 1) That approval is granted subject to
approval of a variance to the SOO-foot separation distance by the City
Commission; and 2) That the use permit be procured within 6 months of approval
of the conditional use. Motion carried unanimously (5 to 0).
.
Ms. Harvey advised the applicant it ~ill be necessary to make application for
a variance to the 50D-foot rule in the City Clerk's Office. She also advised
Planning staff cannot sign off on applicant's license until a variance is
approved by the City Commission.
6.
Lot 1, Loehman's Plaza
(1730 u.s. Hwy. 19 Nortn, #700)
Rrandon NuWest (Cahoots Cafe)!
Richard Pavlick (Coyote's Restaurant)
CU 87-83
Request - 4-COP-SRX (On Prenise Consumption of
Beer, Wine, and Liquor)
Zoned - CC (Commercial Center)
Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the Commercial Center zoning district; the governing
sections of the Land Development Code are sections l36.025(b) and (c)(l); the
specific request is for change in ownership of a resta~rant with a request for
a 4-COP-SRX license at the subject location; the Traffic Engineer had no
objection and the Police Department saw no reason to deny license to
applicant; and the proposed establisllment is witnin SOO feet of residential
uses. Ms. Harvey stated that staff recommended approval subject to the
following: 1) That approval is granted s~bject to approval of a variance to
the 500-foot separation distance by the City Commission; and 2) That the use
permit be procured within 6 months of approval of the conditional use.
.
P & Z Minutes
9
9/29{87
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Mr. Richard Pavlick, applicant, stated he is proposing to open a full service
restaurant and lou.nge with a bakery and delicatessen. He also stated he is
p1'oposing to serve preakfast, lunch and dinner, specializing in barbecued
prine rib, steaks and seafood. He advised the use for the building is
established, there is 325 seating capacity and plenty of parking. He felt the
operation would not be a deterrent to the neighborhood. He advised the
Occllpational License is still in effect for the former operation. He also
advised the operation is proposed to be nore food oriented and there will be a
banquet room for catering and parties. He felt the proposed operation would be
a pIlls for the area. ~fter questioning by Mr. Schwob, Mr. Pavlick stated the
operation proposes to have a live disc jockey and there may be functions with
live entertainment but not on a regular basis. He advised there is another
similar operation in existence that has been open since February and there has
been no live entertainment with the exception of a one-person or two-person
band to play du ring happy hour from 4: 00 PM to 7: 00 PM. Af ter further
questioning by Kr. Schwob, Mr. Pavlick advised there is a patio area in front
of the bakery and delicatessen that has a permanent roof and tables and chairs
are available for serving lunches but there will no loud music outside. After
further questioning by Mr. Schwab, Mr. Pavlick stated a 24-hour operation is
proposed since breakfast is served. He added lunch would be served from 11:00
AM until 2: 00 Plot, dinner would be served until 10: 00 PM or 11: 00 PM, and
breakfast would be served from 11:00 PM to 11:00 AM. After questioning by Mr.
Kogan, Mr. Pavlick stated no outside speakers are planned for the patio area.
No persons appeared in support of or in opposition to the ahove request.
Kotion was made by Kr. Hogan, seconded by Mr. Schwob, to approve the above
request subject to the following: 1) That approval is granted subject to
approval of a variance to the SOO-foot sepa1'ation distance by the City
Commission; and Z) That the use permit be procured within 6 months of approval
of the conditional use. Kotion carried unanimously (5 to O).
Ks. Harvey advised the applicant it will be necessary to make application for
a variance to the SOO-foot rule in the City Clerk's Office. She also advised
Planning staff c.annot sign off on applicant's license until a variance is
approved by the City Commdssion.
ee) Zoning A.tlas Amend1leut:
1. Lot 12, Pinellas Groves
(Located on the north side of Nursery Road
immediately adjacent on the west to the
Florida Power RIght-of-Way and west of
[J.S. 19)
(Curtis, Trust)
Z 87-17
Zonill8 A.tlas
lROH: lPD-6.S (Residential Planned Development)
TO: RS-8 (Single-Family Residential "Eight")
The above property is located on the north side of Nursery Road, immediately
adjacent on the west to the Florida Power Right-Of-Way and west of U.S. 19.
P & Z Minutes
9/29/87
10
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Mr. Pruitt advised as fallows: This is a request far a Zoning ~tlas amendment
from RPD-6.5 (Residential Planned Development) to R5-8 (Single-Family
Residential); the property contains 4.5 acres and the property owners want to
development single-family homes; the request is in conformance with the City
Land Use Plan and the County Land Use Plan; and the surrounding zonings are
Public/Semi-Public to the east and to the west, Single-Family Residential to
the north, and a Mobile Home Park to the south. Mr. Pruitt stated staff
recommended approval of the request for a Zoning Atlas amendment from RPD-6.5
(Residential Planned Development) to R5-8 (Single-Famdly Residential).
Hr. Ned Helmuth, representative of applicant, stated the property is proposed
to be developed into 16 single family lots and the homes an the lats will
range from approximately 1~400 square feet to 2,000 sq~are feet with a selling
price of $90,000 to $120,000. He felt the proposed development was conducive
to the surrounding neighborhood.
Motion was made by Mr. Schwob, seconded by Ms. Nash, to recommend approval of
the request for a Zoning Atlas amendment from RPD-6.5 (Residential Planned
Development) to R5-8 (Single-Family Residential). Motian carried unanimously
(5 to 0).
(l) Board and Staff Comments
8,,"
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Ms. Nixon requested that a record be kept of this Board's decisions concerning
alcoholic beverage requests that also go to the City Commission for variances
to the 500 foot separation distance.
Mr. Galbraith advised the request for a Level I Group Care Facility to be
located in condominiums heard and denied by this Board several months ago was
heard by a State Hearing Officer. He advised the Rearing Officer reversed this
Board and approved applicant's request. He stated he is recommending to the
City Commission that the City not go to Court but that the Intervenor is in a
position to go to Court if they want. Mr. Galbraith stated the Hearing
Officer's Order stated the Board was inf luenced by the objections of the
neighbors and the Hearing Officer felt the objections by the neighbors were
not sufficient under City Ordinance for denial. He advised he would forward
copies of the Hearing Officer's Order to the Board.
After questioning by Mr. Hogan, Mr. Galbraith stated that individual
condominium rules must be enforced by the condomini~m association. After
questioning by Ms. Nixon, Mr. Galbraith advised condominium rules are in the
nature of private deed restrictions, which the City does not enforce. Ms.
Harvey advised that when the Ordinance was written it was contemplated that
ACLF's would be located in condominiums and multiple falIlily complexes. After
questioning by Mr. Johnson, Mr. Galbraith stated private deed restrictions
cannot be handled without going to Court.
.
After questioning by Ms. Nixon, Ms. Karvey advised the Board that the
conditional uses to be heard by the City Commission will be handled
procedurally the same as variances before the Development Code Adjustment
Board but unless instructed otherwise she assumes persons will be sworn in for
these items before the City Commission.
P & Z Minutes
11
9/29/87
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PETITION FOR CONDITIONAL USE OF ALCOHOLIC BEVERAGES (BEER & WINE)
CONSUMPTION ON PREMISES
1315 N BETTY LANE
CLEARWATER, FL
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CONSUMPTION ON PREMISES
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CONSUMPTION ON PREMISES
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AGENDA
PLANNING & ZONING BOARD
SEPTEMBER 29, 1987 - 1:30 ~
ITEM
ACTION
1-
2.
Approval of minutes of September 1, 1987
Approval of minutes of September 15, 1987
CONDITIONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined
be low:
.
9.
10.
11.
1.
The Chairman reads from the Public Hearing Notice each item as it
is presented.
The Planning Director advises the Board of any pertinent background
information.
The applicant or his representative presents his case.
Persons who support the application speak.
The Planning Director presents any supporting written documents.
Persons who oppose the application speak.
The Planning Director presents any opposing written documents.
Persons supporting the application (other than applicant) may speak
rebut tal.
Persons opposing may speak in rebuttal.
The applicant has an opportunity for final rebuttal.
The Board makes a decision.
2.
3.
4.
5.
6.
7.
8.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF TffIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT sueff APPEAL.
(D) Condi t:ional Uses:
1. Lot 8, Blk. F, SaIL's Lake Park Sub.
(2869 Sarah Drive)
Eventide Homes, Inc./
Diane Schwartz/Marion Burean
crr 87-67
(CONTINUED paOK 9/1/87 P & Z MEETING)
Request
Zoned
Level I Group Care Facility
RS-8 (Single-Family Residential "Eight")
2. Lots 8 and 9, Blk. E, Pineridge Sub.
(1315 North Betty Lane)
Thomms and Elizabeth Floyd, Sr.
crr 87-79
.
,..,1'.
Request 2-COP (On Premise Consumption
of Beer and Wine)
Zoned - CG (General Commercial)
':. " .. 'I,
,',' '
Agenda of the Planning and Zoning Board - September 29, 1987
Page -2-
.
3. Lot 1, Blk. C, Skycrest Unit 3 &
Part Lot 2, B1k. D, Skycrest Unit 2
(1759 Drew Street)
John Demetrakis and
Harry Kahajas (Dubes Texaco)
CU 87-80
Zoned
2-APS (Package Sales of
Beer and Wine)
CG (General Commercial)
Request
4. M&B 31.02, Sec. 22-29S-15E
(1475 South Greenwood Avenue)
Anthony C. Kiggins & Arnold Kenly
(Lifetime Radiators)/Robert Knox
CU 87-81
Request - Vehicle Service (Air Conditioning
and Radiator Service)
Zoned CG (General Commercial)
5.
M&B 33.02, Sec. 28-28S-16E
(2550 MCMullen Booth Road)
Rutenberg Associates, Ltd.
(The Frog Pond)/John Donnelly, III
CU 87-82
.
Request - 2-COP (On Premise Consumption
of Beer and Wine)
Zoned - CC (Commercial Center)
6. Lot 1, Loehman's Plaza
(1730 u.S. Hwy. 19 North, #700)
Brandon NuWest (Cahoots Cafe)/
Richard Pavlick (Coyote's Restaurant)
CU 87-83
Request 4-COP-SRX (On Premise Consumption of
Beer, Wine, and Liquor)
Zoned - CC (Commercial Center)
.
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