01/23/1986
.
Based upon the information furnished by the applicant. whioh
olearly shows that the requirements of Seotion 131.012. City Code.
have been met and that the s~riot applioation of the Development Code
would. result in an unnecessary hardship upon the appl1cant as the
reault of unique conditions not caused by the applicant. Mrs. Dobbs
moved to pwst the varianoe as requested subjeot to the oondition
that the sign permit be obtained within six (6) months of this date.
The motion was duly seconded and carried unanimously. Request
: .....ted.
ITEM 12 - P. Anthony Civitello (Premier Shelters) for 11
varianoe of 3 ft b inches to oonstruct 6 ft high masonry
wall within structural setbaok area from street ROW. in
2300 block of Nursery Rd, Pinellas Groves SW l Sea 19-29-16,
part of Lot 19, (proposed new subdiv1:Jion to be known as
Premier Plaoe, Lot 1), zoned RS-6 (single family residential
"six").
1'.
The Board, with tho applioant's permission, eleated to hear this
oase in oonjunotion with Item ,g.
ITBM 13 - Maurioe Browning, Jr. for a varianoe of 2 ft to
. ereot a 6 tt high wooden fenoe 21 rt from property line
abutting Landmark Dr, at 2993 Buxton Ct, Countryside Traot
55, Unit 2, Lot 98, zoned RS-6 (single family rosidential
"aix"). ,
-
The Planning Offioial stated this is a request for a 0 ft high
fence abutting Landmark Drive. He noted this area of Landmark Drive
is relatively free of fences.
Maurioe Browning, Jr. stated he reoently moved into the home.
Both he and his wire work and the' preVious owner had told them that
.sahool children often olimbed on top of the low wall to look into
the yard. He feels his pool is an attraotive nuisanca to young
ohildren and, in addition, he has a large dog and does not teel the
low wall would prevent the dog from jumping over it. There is
,ourrently a 6 ft oypress fenoe on 3 sides of the yard and he wishes
to ereot the same type of fenoe abutting the existing wall. They
have no privaoy in their baokyard and feel the 6 ft fenoe would reduce
":the noise lavel from the traffic on Landmark Drive.
,,,
.'
. >.1. '. \ . . .
,~" ":,,...",;..;." One ,letter from the homeowneroS assooiation and one petition with
,::..>>,,::;"::" ,,<,- 8 :'signaturea 1n objeotion were submitted for the reoord.
:;;~:!'::~:.''':'~'':.:,..~:.'' '.,. .,. I ,
'?"~>:;<:,:.:,:,:;' i,:: ,,::.~, ,:....' '. Beoause ,the applioant has failed to demonstrate a neoesel ty for
'f.~~~;;:,",~,:,:::':;:::, ;,~', the: .var18noe 88' requl!sted, Mr. Gans moved t.hat suoh appeal be
':i{,?:;~:,/,.';",':,',::,;-"_"~,:The motion was duly seoonded and upon the vote being taken,
~'~F:~-~~'s'::{'.f1~,::\:Hr.~'~: ',Dobbs and ~es5rs. Pliska, Oans. and Dallmann voted "Aye;" Mr..' , '
''':;'i\:la<; ': iY~'~ ~ ,,' 'Merriam, voted "Nay." Hot 1 on , cal'rlecl. Request ~....
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ITEM 14 - Countryside V1l.1age Ltd (Sound Management of St
Pete) (ICCOC Systems Ino) for a varianoe of 12 inohes to
permit sign to extend above roof line, at 2569 Countryside
Blvd, SuUe 3, Countryside Village Square, Lot 5, zoned
CC (oommeroial oenter).
The Planning Offioial stated the request 1s for a business
identifiaation s1gn whioh will extend above the roof line. 'The
property 1s allowed an identifioation sign along the Main
thoroughfares.
e
Arthur Stanton, representing the applioant, submitted several
photos showing his business. He wishes to attaoh a ohannel letter
sign with 24 inoh letters on the fascia or the bUilding. The sign
will be approximatelY 21 rt long and will be supported by the
raoeway. The sign win be lower than the adjaoent signs and will
be consistent with the type of sign next door. He is asking for a
12, inoh varianoe but feels he will aotuallY only need an 8 inoh
varianoe. They made every effort to oonform as olose to the Code
as possible and still adequately identify their business.
The Building Offioial stated if the sign has a olearanoe of leas
than 8 ft, the Building Inspeotion Department would request the
applicant to raise it whioh might require a groater varianoe.
Disoussion ensued in this regard and the applioant requested it be
heard as advertised.
Two letters of SUPP01't were submitted for the reoord. Two
oitizens, both preSidents of oondo aasoolations, spoke in objeotion
oiting the development of a oarnival type situation at the shopping
oentor and expressing a oonoern about sp.tting a preoedent for other
businesses to request similar varianoes.
Based upon the information furn15hed by the applioant, whioh
olearly shows that the requirement!] of Section 131.012, City Code,
have been met and that the striot applioation of the Oevel~pment Code
would result in an unneoessary hardship upon the applioant as the
result of unique oonditions not caused by the applioant, Mr. Pliska
moved to sraat tile varianoe as requested subjeot to tho oondition
that th~ sign permit be obtained within six (6) months of this date.
The motion was duly seoonded and oarried unanimously. Request
....ted.
. ,.>
,ITEM .5 - R.B.E. - Florida Corp. for a varianoe of
'open spaoe to ,plaoe conorete deck, at Q30 S Gulfview
Lloyd~White-Skinner SUb, Lots 33-35 & part of Lot 36,
CR-28 (re~ort oommeroial "twenty-eight").
12.Q~
Blvd,
zoned
~ .; c.' .
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:~;/~>:,:;:,,;, :',' ~>~':" The :Plannlng Offiolal stated the, request is to reoonstruot a
'i:i':k;~;;.~.~::',: ;",; ,,', 'deck', :~hloh ..as ,damaged by, reoent 'hurrlol\nes. Tile, varianoe is
?N/t,;:;:]~;;i:>.< \;; neo;ssary,'.AII the applioant does' not.. moet the open spaoe, reqUirement. ' , " "
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Catherine Civitello, representing P. Anthony Civitello, and Ned
Helmuth, representing Premier Shelters, stated the subdivision has
been platted with Lots 1 a.nd 9 platted to the oenter of the private
road. The subdivision is to be developed with Qustom homes in the
$200,000 plus range. The wall wll1 be 30 inohe" high until 25 ft
from Nursery Road and then will increase to 6 ft in height. The
landsoaping at the entranoe road will be maintained by the owners
of Lots 1 and 9. Tho City has requested the lots be platted in this
manner and the maintenanoe responsibilities for maintaining the entry
w!ll be divided between the two owners. Mr. Wagner, the adjaoent
property owner, intends to take down his ohatn link fenoe when' the
wall has been oonstructed. They feel a lower wall height would be
detrimental to the aesthetios and the value of the area.
Three letters of support were submitted for the'reoord.
Based upon the information furnished by the applioant, whioh
olearly shows that the requirements of Seotion 131.012, City COde,
have been met and that the striot applioation of the Development Code
would result in an unnecessary hardship upon the applioant as the
result of unique conditions not caused by the applicant, Mrs. Dobbs
moved to .....t the varianoe on Item '2 as requested subjeot to the
oondition t.hat the wall be no higher than 30 inohes tor the first
25 ft from Nursery Road and the building permit be obtained within
six (6) months of this date. The motion was duly seconded and oarried
unanimously. Motion oarried. Request sranted.
Based upon the information furnished by the applioant, whioh
olearly shows that the requil'aments of Seotion 131.012, City COde,
have been met and that the striot application of the Development Code
would result in an unnecessary hardship upon the applioant as the
result of unique aonditioms not oaused by the applioant, Mrs. Dobbs
moved to pwDt the variance for Item '8 as requested subjeot to
the oondition that the wall be no higher than 30 inohes for the first
25 1't trom Nursery Road and the building permit be obtained within
six (6) months of this date. The motion ~as duly seconded and oarried
unanimously. Motion carried. Request .,aDted.
ITEM 19 - Pioneer Servioe Corp. (John C. Graves, Jr & Assoo,
1no.) (Coldwell Banker Residential Real Estate) for
varianoes 1) to, allow one additional identifioation sign
and 2) ot 136 sq ft t.e allow total signage of 192 sq ft,
at 2600 US 19 Nt Sea 30-28-16, M&B 43.01, zoned OG (general
offloe).
The Planning Oftiolal stated the sign is looated in the .ijO tt
,right-of-way' easement and, due to the widening and proposed overpass
on, U.S.', 19 1n this ,area, it is neoessary the sign be relooated. It;
.' '7 ::',;:, ,was disoovered a" permit was never obtained tor the existing sign.
;-:~: ':' ~"/ ~ ':, ,," It 15, h1s,,' understancUng the eXisting sign will be replaoed by a
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. " \. :. "
57\
John Graves and Ann Bartlett, representing the owner, stated
they propose to move the existing sign out of the ~O ft right-of-way
whioh has already been sold to D.O.T. The Dootors Walk-in Clinic
sign is 136 square ft. An invoioe was submitted with the applioation
indioating they had paid for permits but upon investigation determined
the sign oompany never aoquired the neoessary permit. They. reel a
smaller sign w111 not be easily 8een, partioularly in view ot the
proposed overpa~s. The property was rezoned from oommeroial in
January, 1985, a faot they were not aware of until later. They
questioned whether the signs were granted 1n the site plan prooess
whioh was their understanding.
Disoussion ensued as to whether the variances reque3ted were
oorrect and whether there were additional varianoes required. Through
'disoussion, it was determined the varianoe with regard to 'the square
footage is not suffioient and an additional variance with regard to
the height of the pole sign will also be required.
Hr. Plisko moved to CODtlnue this item to the meeting of
Vebl'uar, 13. 1986. The motion was duly seoonded and oarried
unanimously.
ITEM 110 - l~ or Cbarlu V.-pler from the deoision
of the City Manager regarding a tree removal request.
Charles and Mildred Wampler stated there is a large magnolia
tree located in front of their Florida room which blooks out most
of the sunlight. Mr. Wampler has an eye oondition whioh makes it
dirficult for him to see in the darkened house and requires he oarry
a flashlight around. There i5 another large tree on the other side
ot the house, but it io 1n the area of the bedrooms and does not pose
a problem.
Alan Mayberry, Forestry Inspeotor, stated this 1s a 16 inoh
diameter magnolia tree in very good health. He estimated the age
of the tree at approximately 20 years and stated these are long-lived
'trees. This type of tree is very dense and because of its looation,
probably soreens the Florida room until the afternoon. Pruning of
this type tree is diffioult and not good for the tree. He questioned
whether the applicants might install artifioial light rather than
remove the tree. He stated that should the Board grant their request
to remove the tree, the Oi ty usually requires inoh for inoh
replaoement with a native shade tree. He would be willing to allow
them to plant one native shade tree at. least 8 tt in height with a
trunk 2 inohes in diameter.
Hr. , Plisko 'moved that, the applicant be 'able to rellove the tree
with the oondition that one' shade tree of 2"inoh oaliber and 8 tt
'in height be .replaoed in the yard and the applioant make a donation
. . ' ot $120~OO to the City ',Tree Bank to plant 3 trees somewhsre else in
~;:":~"~~;;A'::'" ': ':' "the City~ "The motion was duly seconded and upon the vote being taken, '
',::1ffSiL~~.;:..,' .::,:'::';:'I:.Meas~a!,,'.Pl1akof a,ans,- and Herriam voted "Aye". Mrs. Dobbs, and : Hr.
~~.0:-j~,;i,i;,;/>~~~f~,.._,!~~~4' ~NaY".,,'Hot~~n oarried.Hequeat a:ruted. ' " . I
'N. . ,:,~~t~~K2i~ii~;~~,~~(;,!:i~,;,\.c~;,:~~:.t'hn~\.~4Pt;.:~;-";;,!>"",,:'~1)~8.nt~;J,~,,ll,;:,t",ct;,.;i~~,.;fki
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ITEM '11 - ORDINANCE NO. 4116-85 - AN ORDINANCE OF THE CITY
OF CLEARWATER, FLORIDA, RELATING TO SIGNS; AMENDING SECTION
134.010 A 3 a( 1) AND (2), CITY CODE OF ORDINANCES, 10
PROVIDE THAT CERTAIN IDENTIFICATION SIGNS SHALL BE PERMITTED
FOR BUSINE8S ESTABLISHMENTS WITHIN CERTAIN DESIGNATED ZONING
DISTRICTS; PROVIDING AN EFFECTIVE DATE.
The Planning Offioial stated the City Attorney is looking into
proposed ohanges and requested the Board oontinue oonsideration of
this ordinanoe to the meeting of February 13, 1986.
Mr. Gans moved to 00Ilti.Due the above item to Pebruu7 13,
1986. The motion was duly seconded and carried unanimously.
MINUTES
,Mrs. Dobbs indioated a correction would be required on the fourth
line of the rirst page to ohange the Board name from "Board of
Adjustment and Appeal on Zoning" to "Development Code Adjustment
Board" and to change the appeal time from 10 days to 14 days.
There was some disoussion regarding Page 11, seoond paragraph,
seoond 11ne, as to whether the the words "on this property" were
oorreot. It was decided to delete this phrase.
Mr. Gans moved to approve the minutes of January 9, 1986, as
oorreoted, in aocordanoe with copies submitted to eaoh Board member
in writing. Motion was duly seoonded and oarried unanimously.
.," ,
\'''EW BUSINESS
Disoussion ensued as to whether an item should be disoussed
before or arter a motion is made. There was also disoussion with
regard to stating the reasons for granting or denying a request and
whether letters in support and objection should be 'read tor the
reoord. It was the concensus of the board to make the motion first
and inolude reasons. It was also deoided that the letters should
be read so the applioant 1s aware or what has been written with regard
to his request. '
The 'Planning Offioial informed the Board that the Planning
Department is in tha prooess of hiring an additonal sign inspector
and they are beginning to 'cite violators of the portabla sign' code
under the ,old code.
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pnokage store near, ,U.S. ,19.'
meet',the parki~g requirement.s
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The Planning Offiofal informed
· the 'oomplaint, oonoerning ths dri ve-thru
and S.R.590.' The operation'1s able to
under the 'new'oode.' '
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The,meet1ng adjourned at 5:25 p.m.
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