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10/17/1989 (2) ". ~,l. , . . . . \.... '. I. ',' .. .~ ."; '" '.: " j J, ,. ~.::. .". ~ ft., \'. " 5:' P&Z PLANNING &. ZONING BOARD DATE ::; JLfVnLe. (5 & 0 ") ........-..---.,.. .,'.. 'h " .r;" ~;:. I(:~ 1t: if., """.... ....,..'\. ~;C .:.t.-I/ p!::f : ~~l >> . . .., ~ .. , ~ I. . '. . '. . . PLEDGE OF ALLEGIANCE r- INVOCATION ITEM ACfION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, OcrOBER 17, 1989 - 1:30 PM A. Approval of minutes of September 19, 1989 CONDmONAL USES: ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below: 1. The Chairman reads from the Public Hearing Notice each item as it is presented. 2. The Planning Director advises the Board of any pertinent background information. 3. The applicant or his representative presents his case. 4. Persons who support the application speak. 5. The Planning Director presents any supporting written documents. 6. Persons who oppose the application speak. 7. The Planning Director presents any opposing written documents. 8. Persons supporting the application (other than applicant) may speak in rebuttal. 9. Persons opposing may speak in rebuttal. 10. The applicant has an opportunity for final rebuttal, 11. The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. Conditional Uses: i"., 'r.,;' 1. (REQUEST FOR EXTENSION) M&B 23.04, Sec. 18-29S-16E (125 South Belcher Road) Richard Brutus CU 88~98 Request - Animal Grooming and/or Boarding Facilities Zoned - CO (General Commercial) 2. Lots 1 through 5, Blk. C., Bayside Sub #5, and M&B 17~29S-l5E (601 South OuHview Boulevard) William M. Shephard, Trustee (Lagoon Resort Motel) . CU 89-70 Request - Rental of waverunners/sea- doos and catamaran sailboats Zoned - CR-28 (Resort Commercial "Twenty-Eight"); OSIR (Open SpacelRecreation); AND AL/C (Aquatic Lands/Coastal) i ~, P &, Z AGENDA 1 10/17/89 " 3. Lots 15 and 16, Blk. 7, Pine crest Sub. (700 North. Greenwood Avenue) Charlie Harris (C & C Food Mart)/Mike Cheaib CD 89.75 ~ Request - 2-APS (package Sales of beer and wine (CHANGE OF BUSINESS OWNERSHIP) Zoned - CN (Neighborhood Commercial) 4. Lots 8 through 10 and part of vacated alley to the north, Elk. 8, Blay View City Sub. (3006 Gulf-to-Bay Boulevard) Than Phudc and Kimtruc Thi Nguyen (Baby Dolls)/ William BullardlKeith Johnson CU 89.76 5. Request - 2-COP (On-premise consumption of beer and wine (CHANGE OF BUSINESS OWNERSHIP) Zoned - CG (General Commercial) Lots 7, 8, and 16 through 20, Blk. B, Bayside Sub #5 (672-4 South Gulfview Boulevard) Elias Anastasopoulos and Gregory C, Politis (Gondolier Pizza)/Bill Sioutis CU 89.77 (i;;", ~'i!.~;";~ Request - 2-COP (On-premise consumption of beer and wine (NEW UCENSE) Zoned - CB (Beach Commercial) 6. Island Yacht Club Condominium (200 Windward Passage, Boat Slip Unit 9) Patrick Maguire CU 89-78 Req\lest - Marina Charter Service Zoned - CG (General Commercial) & AL/C (Aquatic Lands/Coastal) C. Chairman's Items D. Director's Items 1. DISCUSSION ITEM - Draft of Planning and Zoning Rules and Regulations E. Board and Staff Comments c.. P & Z AGENDA 2 10/17/89 .",..... il':"l.>,iir;o, ,...; -t-i....,.. ~,\'!L.;_ l", i.\< t :;1, ,.,':l;;' ";.~~:;il'"j.'~iii\'.'~p..ii~:f'\l":~": MlNUTFS PLANNING & ZONING BOARD TUESDAYt OCTOBER 17,1989 -1:30 PM ~. lV11:, r< '~ Members Present: Chairman Johnsont Ms. Nixon, Messrs. Green, Hami1tont Mazur (arrived at 1:35 PM), and Schwob Members Absent: Mr. Ferrell A. Motion was made by Mr. Schwob, seconded by Ms. WlXon, to approve the minutes of the September 19, 1989 meeting as written. Motion canied unanimously (5 to 0). Mr. Mazur arrived at 1:35 p.m. 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. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. B. Conditional Uses: 1. (REQUEST FOR EXrENSION) M&B 23.04, Sec. 18-29S-16E (125 South Belcher Road) Richard Brutus CD 88-98 ~~: , ': ~~;, .. Request - Animal Grooming and/or Boarding Facilities Zoned - CG (General Commercial) Mr. Richter stated as follows: the subject request was approved by the P & Z Board on November 1, 1988 conditioned upon procuring a building permit within six (6) months; the initial six (6) month period expired; and an additional 6 month extension was granted May 2, 1989. He also stated the 6 month extension is about to expire and the applicant is requesting an additional 6 month extension. The applicant was not present. Discussion ensued regarding whether applicant's presence is required for a time. Motion was made by Ms. Nixon, seconded by Mr. Hamilton, to approve the six (6) month extension. Motion carried (S to 1) with Mr. Mazur voting "nay," 2. Lots 1 through 5, Blk. C., Bayside Sub #5, and M&B 17-29S-15E (601 South Gulfview Boulevard) William M. Shephard, Trustee (Lagoon Resort Motel) CD 89-70 Request - Rental of waverunners/sea-doos and catamaran sailboats Zoned - CR-28 (Resort Commercial"Twenty-Eight"); OSJR (Open Space/Recreation); AND AL/C (Aquatic Lands/Coastal) (~~ Ms. Glatthorn presented the background of the case and submitted, in writing, the staff recommendations. Mr. William M. Shephard, applicantt indicated where the waverunners would be located on the front of his property and stated the total frontage of the property will not be used. He advised an area has been selected near a sand jetty installed approximately 2 years ago. He pointed out that swimmers use the south end of the beach and arc not in the area proposed for the requested use. He stated that the person who will be in charge of this operation is experienced and well aware of safety rules. Mr. Paul B. Broganl, representative of Fun Rentals, appeared and answered questions from the Board members regarding operation of waverunners/sea.doos. He advised there is a note in the record from the Harbormaster in which he indicated this was a good place to run the machines (on the south side of the channel markers), and P & Z MINUTES 1 10/17/89 ,,<,~. .!.'';. ;;.al')'.."::\~H':' .\,4', 'f . ),'~ " /. ':,~., L \ '..,t~"~h.:~,:.;,. also 100 yards away from the bridge and all the way out to thc breakwater, and he did not bave objection to it at that time, as long as that was tbe operational area. He stated they have no intention of operating anywhere in the beach/swimmers area. In support of the above request, the following persons appeared to give their comments: Mr. Herbert Leonhard~ 706 Bavwav Blvd.. statcd if this use is to be permitted, that a specific area should be provided for this use, rather than having the watercraft run up and down the beach. Mr. Darryl Seaton. 4 Roscrv Lane. representing 3 motel owners in Clearwater Pass directly on the beach, stated they are in favor of the opcration of jct skies, sail boats and similar type of activities. He felt use of this watercraft is a very wholesome family activity, fitting the defmition of resort/tourist destination. His only concern is that the channel at Clearwater Pass is very congested, especially on weekcnds. Mr. Lewis Oakes. 601 South Gulfvicw Blvd.. general manager of the property, stated he was surprised to hear the Harbormaster's recommendation, having met with him prior to this application being submitted. He understood the Harbormaster had no objection to this use providing restrictions where adhered to. In opposition of the above request, the following persons appeared to give their comments: Peter Zhu~ 675 South Gulfvicw Blvd.. president of the homeowners association representing 84 homeowners at Continental Towers, stated thcy are concerned with another group of waverunners which comes from the Hilton Hotel. He stated he has observed waverunners dodging back and fortht has witnessed some near collisions and has seen waverunners coming dangerously close to swimmers. He stated if this application is approved, others would follow and create an even lUorc dangerous situationt and for thc above stated reasons the Homeowners Association of Continental Towers arc against approving this request. Bill Held. Clearwater Harbormastcr. advised there L<; 11 misunderstanding on the part of the applicant. He advised the applicant (prior to filing application) asked him about conditional use request to operate waverunners at Clearwater Pass, and he explained the applicant would have to apply for conditional lIse. He stated he did not give his permission to the applicant at that timet but advised him he would evaluate this request as he would for any other application. Mr. Held stated there has been a steady increase of boating activities in Clearwater Harbor and Clearwater has experienced numerous problems, complaintst and incidents involving waverunners. He stated renters of waverunners fmd it difficult, if not impossible to control them, due to the renter's lack of skill and familiarity with the craft. Mr. Held stated he cannot in good faitb recommend approval of this application, based on the strong currents and congestion in Cleanvater Pass. He further advised that the Clearwater Marine Advisory Board discussed this application and voted to recommend denial of this application. After questioning by the Board members, Mr. Held stated the current has steadily increased since Dunedin Pass has been closed and is presently 3-4 knots, and the ch.annel is 150-200 feet wide in this area. The Harbormaster advised the Board that Clearwater Police Officer Billy Farias was present should the Board wish to hear his comments. Officer Billv Farias. Clearwater Police Department. stated he and his partner, Officer Mike GlugIa, run the Police Boat for the City of Clearwatert they arc out on the water every weekend, and they have obscrved as many as 20-30 waverunners in Clearwater Pass at a one time. He advised radio stations have parties at the Hilton, which attract the Melons patrons who usually come in power boats. He stated that, in the area between Hilton and Channel Marker #9 there have been up to 10 boats from Melons alone, not counting the boats there normally. He stated that with 5.6 waverunners added it becomes a very dangerous situation. He stated he and his partner are now issuing citations for careless operation of a watercraft, and he felt the problems involved with operating these types of watercraft in the Channel off Clearwater Pass, would be much greater should this application be approved. After questioning by Board memberst Officer Farias advised that they arc issuing citations for careless operation of a watercraft Gumping the wakes, running too close to other vessels to the point evasive action must be taken by the other vessel, jumping so close to the wake that the operator looses control of the watercraft, not taking due care with other approaching vessels), and approximately 25 citations per holiday weekeml are issued to operators of these type watercraft, of which 50% are renting the watercraft. In rebuttalt Mr. Paul B. Brogard stated he understands whenever tbis type of activity takes place there is always the possibility of accidents, however if operated properly with very specific instructions being given (instructions sheets, video) and if operated on the south side of the Channel the problems would be considerably less. He stated that, as to the lack of control during operation of these watercraft, he would be willing to install communication devices on the machines enabling the rentee and the operators to communicate with one another, which would provide a W,IY for the rentee to advise operators they arc in tbe wrong area or are improperly P & Z MINUTES 2 10/17/89 .' \ ," ,.,,','" ,.... Request - Zoned - 2-APS (Package Sales of beer and wine (CHANGE OF BUSINESS OWNERSlllP) CN (N" eighborl1ood Commercial) operating the machine. He advised his machines are equipped with identification flags and are color coded for easy identification. He stated he bas operated a similar rental business for three (3) years in Indiana and has not h.ad any accidents with injuries. Mr. Brogard advised renters must be 16 years of age and possess a valid drivers license. ('.' In opposition rebuttal, Mr. Peter Zhun stated the argtunents presented by the applicant and supporters are valid in a certain environment. He stated he is very concerned about the danger that already exists for bathers and that would intensify if this application is approved. He felt this operation would only add to the already heavily congested area. He expressed concern that a precedent will be sct by approving this application and more of these businesses would make similar requests. In final rebuttal, Mr. Bill Shepherd, applicant, statcd he feds this business could be safely operated if operated properly and it is his intent to do so. He feels that \vaverunners would cause no DlorC ill effect than the boats in this area do, Mr. Schwob commented that he has had experience with maritime safety and he feels that tIus area would be a tremendous safety hazard and would recommend denial. Ms. Nixon agreed that this would be a safety hazard. Motion was made by Ms. Nixon, seconded by Mr. Schwob to deny the above request. Motion carried Ullanimously (6 to 0). 3. Lots 15 and 16, BIk. 7, Pinecrcst Sub. (700 North Greenwood Avenue) Charlie Harris (C & C Food Mart)!Mike Cheaib CD 89M75 Mr. Richter presented the background of tile case and submitted, in writing, the staff recommendations. r: 0/;". Mr. Charlie H~ applicant, stated he is the seller of tills family operated small grocery store, and the majority of the beverage sales are to families in the immediate area. He stated that in she (6) years of operation there have been no problems involving the police, and he does not allow teenagers to loiter at tile store. He requested the Board approve this request. No persons appeared in support of or in opposition to thc above request. Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to approved the above request subject to the following: 1) That the Occupational License be obtained within six (6) 1ll0ntl1s. Motion carried unanimously (6 to 0). 4. Lots 8 through 10 and part of vacated alley to the nortl1, Blk. 8, Bay Vic"W City Sub. (3006 Gulf. to-Bay Boulevard) Than Phudc and Krnltruc Thi Nguyen (Baby Dolls)! William BullardlKeith Johnson CD 89M76 Request - 2-COP (On-premise conswnption of beer and wine (CHANGE OF BUSINESS OWNERSHIP) Zoned - CG (General Commercial) Mr. Richter presented the background of the case and submitted, in writing, the staff recommendations. He advised that the Traffic Engineer has reviewed the application and indicates under the current code this parking lot would be required to l1ave 51 parking spaces, however the 2-COP license is in effect at this location and the parking is grandfathered. He stated the Police Department has reviewed the application and find no reason to recommend denial. Mr _ Kenneth Arsenaulp. applicant's attorney, 655 Ulmerton Road, Largo, advised the applicant plans to purchase the business which is currently operating under a management agreement, and plans to make renovations and operate with continuation of the existing use. He advised his client has no objection to the staWs recommended conditions. ", No persons appeared in support of or in opposition to the above request. Chairman Jolmson advised a letter of objection was received. P &. Z MINUTES 3 10/17/89 . Ill. ",.,.'. , After qucstioning by Ms. Nixon, Mr_ William H_ Bullard, applicant, statcd he is not tbe managcr of Tattletales, but he is part owner of Baby Dolls and Tattletales, which is the same type of business. Motion was made by Mr. Hamilton, seconded by Mr. Schwob, to approve this request subject to the following conditions: 1) That a new occupationalliccllse be obtained within six (6) months; 2) That no outdoor speakers be used; and 3) That there be no entertainment involving topless or nude dancing. Motion carried unanimously (6 to 0). 5. Lots 7, 8, and 16 through 20, Blk. B, Baysidc Sub 11=5 (672-4 South Gulfview Boulevard) Elias Anastasopoulos and Gregory C. Politis (Gondolier Pizza)/Bill Sioutis CU 89-77 Request - Zoned - 2-COP (On-premise consumption of beer and winc (NEW LICENSE) CB (Beach COIllmercial) Ms. Glatthorn presented the background of the case and submitted, in writing, the staff recommendations. Mr. Schwob questioned Ms. Glatthorn as to whether there is a parking rcquirement problem on this site. Ms. Glatthorn advised there is none. Mr. Bill Sioutis, applicant, stated his intent: is for a family style pizza restaurant. He stated the establishment will not be any type of a bar, but will serve beer only with meals. In support of the above request, the following persons appeared to give their comments: Mr. Herbert Leonhardt. 706 llavwav Blvd. spoke about the requirement by State Statutes require the kitchen remain open the entire time the establishment is open. He suggested the City research State/City/County requirements in order that all are consistent. Chairman Jolmson stated he felt Mr. Leonhardt's comments should not be included in the record as it had nothing to do with the subject item. Mr. Peter Zhun. stated has no objection to this request. He felt this restaurant would afford tourists the opportunity to dine at locations other than the hotel at which they are staying. In opposition to the above request, the following person appeared to give his comments: Lt_ Frank Palombo, 700 Bayway Blvd., stated that the police department does not now, nor have they ever, opposed license changes, location changes or business ownership changes, He felt the position of the Police Department is clear and consistent: the beach is saturated with alcohol establishments and that any new license should not be granted, as any additional similar establishments would be detrimental to the community. Mr. Hamilton stated he agrees with Lt. Palombo that something needs to prevent further saturation. He stated the previous denial recommendation was due to the request having been outdoor seating for 44 and for a 4- COP-SRX license, which is a totally different request. He advised as long as they keep everything inside and don't serve outside he has no problems with the applicant's current request. Ms. Nixon felt the Board must be consistent if allowing this type of establishment on the south end of the beach and not on the north end of the beach. Mr. Johnson felt it is a proliferation of stores all along the beach and is against it. Mr. Green felt, based on the code, he cannot vote against every liquor license on the beach, as there is nothing in the code that says no more liquor licenses on the beach. He felt the specific circumstances under the code must be examined for each particular request and the neighbors of this establishment are in favor of the request. Mr. Schwob stated that he too, would like to see proliferation of the sale of alcoholic beverages on Clearwater Beach stopped, but agrees with Mr. Hamilton and Mr. Green that there is nothing in the code to base voting against this request. Motion was made by Ms. Nixon, secooded by Mr. Mazur to deny the above request. After roll call, the motion ended in a tie (3-3), with Mr. Johnson, Mr. Mazur and Ms. Nixon voting "aye" and Mr. Schwob, Mr. Green and Mr. Hamilton voting "nay." Chairman Johnson advised a tie vote constitutes approval to deny the motion. Mr. Richter advised that Code Section 137.019(t), states that for conditional use applications approval of at least P & Z MINUTES 4 10/17/89 <,'.,..' .....:?, "- , '" .,; ;'..: '., '..:,I;',Yi " . 4 members of the board shall be required for approval, and any application receiving a tie vote shall be rescheduled to the next regular meeting of the board at which time the application will be reheard. If at the rehearing the majority does not approve the application with or without conditions the application shall be considered to be denied. This item shall be reheard Octobcr 31, 1989. 6. Island Yacht Club Condominium (200 Windward Passagc, Boat Slip Unit 9) Patrick Maguire CU 89-78 Request - Zoned - Marina Chartcr Scrvice CG (General Commercial) & ALlC (Aquatic Lauds/Coastal) Ms. Glatthorn gave the background of the case and submitted, in writing, the staff recommendation. Mr. Patrick Maguire, applicant, stated his request is to use a 26-foot boat as a commercial marina. He stated he knows there has been a recent problem with someone operating a dive-boat operation with 14 to 20 people. He stated the location is a commercial marina by definition in the Land Development Code and 70% of the slips in the marina are rented. He stated he is an owner/user of the subject slip, He stated he meets use standards in the Code and ingress/egress are morc than adequate. He stated the subject property borders commercially zoned property and is thc commercial area of Island Estates. He submitted a Dcclaration of Condominium which outlines uses of the Island Yacht Club (see attached) and people understand this is a commercial marina not a residential marina. He stated parking has always been available to him, the boat will be operated by licensed captains, charters will be geared more to the experienced nsherman, and competent people will run the operation. He submitted his OWll survey of parking usage which indicates parking has always been available (sec attached). He felt the use is no more than he could make of it himself with possibly a small pront. He stated the commercial use is an existing use and variances for parking at the location have been granted. He stated he is in agreement with conditions of approval recommended by staff. In support of the above request, the following person appeared to give his comments: Mr. Richard Harris.. licensed real estate broker and practicinR real estate appraiser, statcd he found, after investigation of the subject property, the surrounding property is commercially oriented, the entrance to the marina is enclosed, and a key is needed to get to the boat slip. He felt there would be no additional noise created by the request. He advised a parking variance has been granted in the past, there is adequate City parking, parking is available for Mr. Maguire's condo, and the use is consistent with private and governmental restrictions. He felt the oricntation of the use minimizes any impact on surrounding property and the use should not create any impact on the value of surrounding propcrties. He felt the use is appropriate for the property. Mter questioning by Mr. Mazur, Mr. Harris fclt parking would not be a problem because the captain could pick up customers and/or there is municipal parking adjacent to the property. Mr. Harris clarified he is speaking primarily to valucs of surrounding properties and as he understands the conditional use does not create an additional burden that he sees on the property. He stated on-site parking might possibly be a problem but with parking available adjacent to the suhject property there should be no problem. He also clarificd he did not think property values would be impacted. Aftcr discussion by the Board and staff it was determined that portion of Island Estates which included the marina was probably built under a different set of Code requirements in approximately 1960. In opposition to the above request, the following persons appeared to give their comments: Mr. David Alley. owner of slip 103, stated he knows of no commercial venture in the last 7 years and there has been no precedent set. He thought the dive"boat operation was operating illegally and thought it has since stopped. He stated the area has commcrcial uses but the adjacent usage is not commercial. He felt a commercial usage would change the entire atmosphere of the marina. He expressed concern tbat approval will set a precedent. He advised the Board at the marina has set up a parking committee which felt approval will create traffic problems. He stated he is opposed to the above request. He stated the Condominium Association is on rccord as opposing the abovc request. Mr. William C. HeleL Harbormaster. City of Clearwater. stated he received 3 letters from tenants, Mr. Robert Leeder, Ms. Cynthia Morgan, and Mr. & Mrs. Ray Drake, who oppose the request (see attached). He stated the Marine Advisory Board, on October 10, 1989, reviewed the use and recommended denial based on the fact that parking is a problem. He felt with 4 persons on the boat, the captain of the boat, and possibly a mate on the boat will add to parking problems at the marina. He stated that as Harbormaster he is recommending denial due to the parking situation and due to the Board of Island Yachts took a position against commercial activities, He statcd to his knowledge there is no commercial activity on Island Yachts. He stated this Board, after reviewing P & Z MINUTES 5 10/17/89 .... ,'.' .,:", T." ~'it > ;:.:. Mr. Maguire felt the operation would not impact the marina in any way and stated if he does not operate in an acceptable manner this Eoard should be able to revoke its approval. He felt the opposition of neighboring property owners alone is not sufficient reason to deny the request. liveaboard requests, has previously expressed concern about parkiIlg. After questioning by Ms. Nixon, Mr. Held stated he W~IS told by the condominium board that this type of activity was against its by-laws but was later told it is not against the by-laws but the Board of Directors has taken a position against any commercial activity against Island Yachts. After further questioning by Ms. Nixon, Mr. Held felt the Board of Directors should look into the by-laws if they arc going to take II position such as this. Mr. Hugh Swift. 200 Windward Passalte.. stated he opposes the request as the area does not have a business atmosphere. He expressed concern that approval will set a precedent. He also expressed concern about parking. He advised at the Condominium Board meeting held October 10 the Board members present voted to have the dive boat operation leave the marina. He also advised that the by-laws will be looked at in February 1990 and the by-laws will be changed if so voted. He also stated that at the meeting held in October all persons present were in opposition to the request. Ms. Barbara Allev. owner of slio 103. statcd she is in opposition and cited portions of the Declaration of Condominium which are pertinent to the above request. She expressed concern that insurance rates would rise. Ms. Glatthorn advised 6 letters from slip owners were received in opposition to the above request. f;: In [mal rebuttal, Mr. Maguire stated people did not buy residential units. He felt the request was to determine if the use would unreasonably diminish the use, enjoyment, or value of anyone else's property which has not been shown by the opposition. He stated Mr. Held is not the Traffic Engineer and he felt Mr. Held's comments regarding parking are irrelevant. He advised he would agree to additional conditions of approval that there be no on-site advertising or sign age. He felt the Clearwater Marina has many commercial operations. He stated there will be no mate on the 26-foot boat. He felt the Land Development Code protects his right to make reasonable use of his property and the use is not a heavy commercial operation. After questioning by Mr. Schwob, Mr. MaguiIe stated the facility is open to the public and there would be no insurance increase just because a boat would be used for hire. He stated most of the slips are currently being rented. He felt just because some people may not like the use proposed is not a reason to deny the request. He advised his own insurance would increase. Mr. Schwob expressed concern that people chartering the boat and using the common areas may affect insurance. Mr. Maguire felt there has been no showing that such would be the case. Mr. Mazur stated the City cannot enforce condominium by-laws and the Board must make its decision on the Land Development Code which requires a certain amount of parking for a certain number of slips. He expressed concern about setting a precedent if the request is approved. Mr. Green stated he is not concerned about the neighbors not wanting the operation but he is concerned the parking situation would impose on the other properties. Ms. Nixon stated there is no definition of "occasional" as it relates to charters. She felt the request is more an internal conflict as the applicant is meeting Code requirements but the Code is not specific when you turn a condominium into a commercial venture. She stated she is opposed because of the parking problems. C. Chairmml's Items Mr. Schwab expressed concern about parking and compatibilit)' with surrounding uses. He stated the people either own or rent the slips and felt there was a difference in private boat owners and carrying passengers for hire. He also stated federal law makes a distinction that paying for riding on a vessel puts one in a different category. He felt paying for riding on a vessel was a different use than the surrounding owners. Motion was made by Mr. Schwob, seconded by Ms. Nixon, to deny the above request. Motion carried unanimously (6 to 0). \, <:-'r.. Mr. Johnson expressed concern that the Board has been somewhat inconsistent in approvaVdisapproval of alcohol licenses, especially on the beach. Mr. Schwob stated he would like to see proliferation controlled, but does not see anything in the code that prohibits proliferation. He felt be cannot vote against these requests with nothing in the code on which to base a vote for denial. Mr. HaIOilton suggested the Board check into establishing a policy addressing convenicnce stores/package sales; P & Z 1vlINUTES 6 10/17/89 . c . ~. ,"" /" \ .; '-,' .....,.. \' j.>...... ,\' r ~ .. t ; ( and Ms. Nixon suggested having the City Attorney attend a meeting for the purpose of discussing same. Mr. Mazur felt a special meeting could be called for discussing this issue. D. Directo~s Items ("" Discussion Item - Draft of Planning and Zoning Rules and Regulations: Discussion ensued regarding voting for approvaVdenial of conditional use requests when there is a tie vote, what constitutes a majority when reheard. The code states "at least 4 members" must vote for approval and the Rules and Regulations states "a majoritY' must vote for approval. ,i Motion was made by Ms. Nixon, seconded by Mr. Mazur moved that Section VI, C be amended to read as follows "...if at the conclusion of the rehearing a majority (at least 4) members voting do not approve the application",". Motion carried unanimously (6 to 0). Motion was made by Mr. Green, seconded by Ms. Nixon, to approve the Planning and Zoning Board Rules and Regulations as amended. Motion carried unanimously (6 to 0). E. Board and Staff Comments Mr. Mazur commented there seems to be some confusion as to who can make application for and be required to attend hearings for conditional applications. He suggested the application provide information identifying the business owner/operator and that this person/persons be required to attend the conditional use hearings. Mr. Richter stated this change will be made on the conditional use application. ;. It was also discussed that an attorney may represent applicant/business owner/operator without a notarized statement of authorization being required. Meeting adjourned at 4:28 p.m. (. . 'f~ _ '" " ,~" '" ~: tment / ( '-... P & Z MINUTES 7 10/17/89 COMMERCIAL . ('-.. , DECLARATION OF CONDOMINIUM " OF ISLAND YACHT CLUB a condor.liniurn THIS Commercial Declaration of Condominium made and entered into this -I2')'1fC day of January, 1980, by ISLAND YACHT CLUB, LTD., a LimIted Partnership, hereinafter referred to as Developer, and its successors and assigns. WHERE IN the Developer makes the following dec larations: 1. Purpose. The purpose of this Declaration is to submit the lands described in this instrument and improvements on such lands to the condominium form of ownership and use in 'the manner provided in Chapter 718, Florida statutes, her~in- after called the Condominium Act. This is an Commercial cordominium f~at Slips and _lighlya~ina operations.---~ ( ------, 1.1 Name and Address. The name by which this condominium is to be identified is ISLAND YACHT CLUB, a condo- minium. 1.2 Land. The lands owned by Developer, which by this instrument are submitted to the condominium form of ownership, are the following described lands lying in pinellas County, Florida: -----The land s for Phase I are more full y shown in txhibit A which is appended hereto and incorporated here in by virtue of this reference. The lands for Phase II are mor~ fully shown in Exhibit A-i, which is appended hereto and :lncorpora ted herein by vir tue of th is reference.----- which lands are called "the land." 2. Definitions. The terms 'used in this Declaration and in its exhibits shall have the meanings stated in the Condo- minium Act, as applies to Commercial Condominium and as fol- lows, unless the context otherwise requires: 2.1 Boat Slip means a part of the condominium prop- erty which is subject to private ownership. _ I \. 1= '/, A- ;'K~''''''. r assessments on account of da(Tjage to common el ements and re- st~icted common elements, ~hall be in proportion to the owner's share in the common el~lllf;nt:s, 'ProyideCl, however, i.n the event that the insurance proceeQs- are insufficient to pay 'the trustee's fees and eKpenses and to make needed repairs and any owner is unable to pay ~n assessment to make up such insu f- f iciency, then such owne):" , S ~lC)rtgagee shall have the opt ion to make up paid insufficiency o~ to require the l\ssociation, the insurance t~uatee and the insurer to pay SQch mortgagee as its intere~ts ma~ appear f~om tn~ tnsurance proceeds, 10. Use Restrictiaoa. '1'h~ use of the c;ondominium prop- eJ:'ty ahall be in accord~nce with the following provisions as long as the condominium e~ista and the Boat Slips are in useful condition exi~ts upon the la~d, I I 1 I . I' I' I' i: I J I, ., { 1;. ..: , lO,t BOClt SLips, Each Boat Slip ahall be used only RR ~ mooring ~nd permanen~ dOCKqge for boats and accessory use H~ r~lated thereto, No perlll~IH~nt live-aboard ,shall be permit- ted. A permanent l.ive-~board shall be construed as any person ,R1?~nding continuous time qboqrd q vessel moo}:ed or docked at the slip fo~ more thqrl f ivc= (5) continuous days out of any thirty (30) ~ay perip~t ~h~ ~oard of Directors may change this restriction ~pon the $how~ng of proper ~anitation facilities. 10.2 Common Element~ and Lim!ted Common Elements, ':foe common ~lements ~nd l imLteo common elements shall be used only for the pqrposes for ~hLch they are int~nded. 10 t 3 Nllisanc~~ t ~Q n.uisances ~hall be allo\'led upon the condominium property, nD~ any use or practice that is the aource of ~nnoyance to othe~ Boat Slip OWners or which inter- f~res with the peqc~f~l pqSR~ssion and proper use of the prop- art~ by it~ owners, All pa~~s of the condominium shall be kept i-I) p cl~qn qnc1 sqni tary cOlldition, and no rubbish I re fuse or garbage allo\'/eq to accumulate nor any fire hazard allowed to exist, No aoat Slip owner shall permit any use of his Slip to make any use of the common elements that will increase the cost of insurance upon the condorn~nium property, II "I: ,I' ~I 10,4 Lawful Use. No immoral, improper, offensive or unlawful ua~ ~hall be m~~e of the condominium property nor any part pf it; ~nd qll val iq 1 aws, zoning ordinances and regul a- tions of flll goye:rnment.pl poqies hav iog jur isd iction ~hall be observed, f.fne responsipil i ty of meet iog the requirements of governmental bodies for maintenance, modification or repair of the condomi.niulI\ property sh~ll be the same as the responsi- pil i ty for the maintenance and repair of the property con- cerned, \ II ~ I'~ :~ : i l \. ;;1':--" " . Leasing, 'J...ease, 10,5 Leasing, There shall be no restrictions on ~ach owner shall be responsible for the acts of his - 11 - . ~ . " . . I '. I '.' ;,' . . '. . ': .' . '._ .. ~. . '.' ,~. . . .' ' '".'. . . . .' I , I · I; I I I I :1 :1 I :. .1(" I I I '. 'I . I' " I ~ I I 10,6 There ~gainst users of the owners shall closely not become a nuisance snqll be no age restrictions imposed premise~, provided, l)Qwever, Boat Slip supervi.s~ minors to insu re tha t they do to other, o\'/ners. " 10,7 Dogs, cats, or other pets may be kept or main- tained on the premises of the condominium, provided that such pets are closely supervised and are not allo\'/ed to become a n\lisance to other owners, 10. B No advertis~ments or notices of any type shall pe erected upon the common elements. provi.ded, ho\~ever, the J30ard of Directors in their regulations may vary this requil.-e- ment, The o\'/ner may displ ay his name, in.signia and flag to distingqish his 13o~t Slip, 10,9 Regulations. Rei.1sonable reg\llations concerning the use of the condomin ium property may be made and anended from time to time by the As~ociation in t~e manner provided by ita Articles of Incorporation and By-Laws. Copies of such ~e9ulatiQns ~nd amendments shall be furnisl1ed by the Associa- tion to All Boat Slil? owners and o\~ners of the condominium, 10,10 Proviso, Provided, howeverl that until Devel-. Qper has completed al ~ of the conternpla ted improvemen ts and plosed the sales of C-\~l of tbe Slips of the condominium, nl=ither th~ owners nor the hssociation nor the use of the condominium property shall interfere v/ith tne completion of the contemplated improvements and sale of the Slips, Developer may make such use of the unsaid units and cornmon areas as Inay facilitate ::iuch completion ~nd sale, including but not limited tq the showing of the propexty and the display of signs, 10,11 All Dock bo~es or othe:r appurtenances of each unit shall not intrude into the common elenents more than six (6) inches and shall not be permanent in nature, Fur-tIler access for repairs and service shall be maintained at all time~, 11, Maintenance of Community Interests. In order to maintain a community of congenial owners r/ho are financially r~sponsible and thus protect the value of the slips, the trans- fer of a Boat Slip by an~ owner other thaD the Developer shall be subject to the fOllo\jTi.ng provisions as long as the condo- minium extsts upon the land, which provi.sions each owner covenants to obserV~i 11.1 Transfers Subject to Approval, A. SC\le, No Boat Slip o\Vner may dispose of a Boat Slip or any interept in il BOut Slip by sale without ap- p~oval of the Association except to an owner-, B . Lease, Ho Boa t Slip 0\"/11e r may di spose of a slip or any interest in a Boat Slip by lease without approval - 12 - .',' ~ <. ,,~:''':~~.:''1>~.'.;;-L.'H.d'''.~ i:,":" t!t,k:;,~.;' '~." -......fi.:;j . iu..', . ". I. " . '" . .. ~. . " , , ". " ' " '. . . '. ' " . . I. . , . ;t\~ftll-> r1o'Jl4lL (' eLl ~) (i3) Sil ~ C; 'I . , q /J.'/B~ I~ " LIe A VVl. 1::5 ~ 0{ 1~9/gq (0),3 0 A. M, Ii ~ cr /Jo!S1 :J : ~ 0 p. M, ~~ 7 , ~ '-I : 40 p. tM I 11 6 Jrs/,'8 I / 10 I ' I gt:J 7 ~ ~ S P. ~l 1 2 7 ~~~D p. M I I S '-I , 0 I :2../ if I ) 'J C-{ 0 A.M, Cf D -' 101 'if 8, to: 00 P Nt . l'-l 0 folsf 81 . g~. DO ,Q-rM, S> / I 0/ C I gCj & Joo Pi YVl, Jo 2- .... {o( -, ( ~'t (I " <-I 0 4-, M. I 10 f, ~ 1~!?~1" I ( 81 l~oO ,(\,.M. 13 .3 . ~.. " .' ~.::~>',' lor I", I g1 b~5o PM.. lJ Lj I /:=)(~ 0 . '-"-'~oJ,:.',:,"""'''-: ......'.., ,. ~ ....,,..4.J.:--._..,, . , , ~ '-"'.\':'-'~,';:~' . ".c '," >~:: " ,i~(; . :' '/';~: 'J .; I , ." '~,' "." '.; ..... t; ..., ,., ..., :,'; ". ;f...f~\ .) ': ," '.. ' . . .' . "." " ..... .:"';' . '. ~, :' '.' . . . . '. ," ~. . '. . (r. . . Boat Slip 4tlOO 200 Windward Passage Clearwater, Fl. 3~630 Dc t 15, 1989 Mr. James M. Polatty Planning & Development Director P. O. Box 4748 Clearwater, Fl. 34618 Ref application for variance CU 89-78 by Mr. Patrick Maguire. Dear Mr. Polatty, The conditional use to permit a marine charter service to operate out of this marina violates the private nature af this condominium. The present zoning of general commercial serves to allow absentee slip owners to rent out their slips to other persons i.n need of dock space and the rental leases require approval from our board. There are also two offices rentable here and neither office has an ifi). entrance from within the condominium secLll-ity fences. This afforc1s ~;J us some assurance that only authorized persons and their guests have access to the marina's dock area_ Our parking facillities are limited to 39 spaces for 129 slips and I feel that the acidional rll--E'ssure of a cornmel-ci a1 opel-atiCln ~\I(lulc1 unduely stress this limitert resource. A copy of the condominium rules is provided each slip purchaser at the time his/her investment is made. Agreement to abide by these rules is one D1 the conditions of pUl-chase. Changes the condominium rp,gulations requires approval of 75" of the membership. I will appreciate your help in rejecting application CU 89-78. conditional use variance Ver y t\- LIe 1 y yoLifs ~ ~1T/t! #1d;y- ~Robert W. Leeder own E? ,-, s lip 1 00 ~.., . , ,>,"} \ <;.\ '''(~.J',t..;:~.,\- :.~"1~,.t..::;/~/'''j,:-,:, ':'~:; ~>,ln ':. ..', ('-' . , Cynth ia ilorgan 200 Wind~ard Passage Slip #86 Island Yacht Club Clearwater, Fla. 34630 October 10, 1989 Dear t1r. Held, In regards to the public hearing coming up ~n October 17th at City Hall. Sir, 1 am a slip owner at 200 Windward Passage, Island Yacht Club. I want it to be known that I am totally ~?Rose~ to the letting of a one C,.ii .;":4 &~./ - Patrick Maquire to be allowed to operate a marine charter service out of the marina. This is a quiet residenta] community that does not wish to have any commerical operations disturb our quality of life. r urge you, as a property owner in this marina, to deny the permit applied for. Thank you for your time. 5i nc;ere 1 y, /) //-.: }~ c.;ll~'- /' t"7~ CITY Or CLEJ,m"ilTER , ~ .- ,,> GCT 1 J 1989 HARBORMASTERS OFfiCE ..",......\i...i,; ': ' ~ ',' '.: ' ' , ' " '. ' " ,,' , I, ' ';' .. ' . " ' . , , "" . , ' , " ',., " , /""'" ( . , Mr. & Mrs. Kay Drake 200 Windward Passage Slip # Island Yacht Club Clearwater. Fla. 34630 October 10, 1989 In regards to the public hearing coming up on October 17th at City Hall. Sir, r am a sl ip owner at 200 Windward Passage, Island Yacht Club. r want it to be known that I am totally opposed to the letting of a one i~;' tf~', ': '~:;f/ Patrick Maquire to be allowed to operate a marina charter service out of the marina. This is a quiet resid~ntal community that does not wish to have any commerical operati.ons disturb our quality of life. I urge you, as a property owner in thi s mar; ne, to deny the penni t applied for. Thank you for your time. L" , ..,.to;,' v ":._k>~'''.J.; '.' .'i'- "-I '...r. >. ','