01/19/1988
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P&Z
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PLANNING & ZONING BOARD
DATE J / If Iyr
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AGENDA
PLANNING & ZONING BOARD
TUESDAY, JANUARY 19, 1988 - 1 :30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITE~
ACTION
A. 1. i\.pprovi11 of minutes of December 15, 1987
A. 2. t\pprova 1 0 f mi nutes of J anua ry 5, 1988
ALL TESTINONY IS GIVEN UNDER OATIL The Board follows the procedures outlined
below:
1 .
2.
3.
4.
5.
6.
/" 7 .
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9.
10.
11.
CONO[TIONAL USES:
The Chail"man ceads 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 \vritten documents.
Persons who oppose the application speak.
The Planning Director presents any opposing written documents.
Persons supporting t11C application (other than applicant) may speak
rebu t ta 1-
Persons opposing may speak in rebuttal.
The applicant has an opportunity for final rebuttal.
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATE:S: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE: A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
R. Conditional Uses:
1. (REQUEST FOR EXTENSION)
Lots 61, 62, & 63
(2002, 2004, & 2006 Sunset Grove Lane)
Dawn Kochtan/Kcrry Lawson
CU 87-40
(...
Request - Level I Group Care
Zoned - RM-12 (Nultiple Family Residential "Twelve")
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01/19/88
2.
Lot 2, Elk. A, Columbia Sub.
(305 Coronado Drive)
Alex Galiatsatos/Anthony Aloizakis
CU 88-07
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Request - 2-COP (On Premise Consumption
of Alcoholic Beverages)
Zoned - CR-28 (Resort Commercial "Twenty-Eight")
3. Lot 17, and Part Lots 16 & 18,
BlufE View Sub.
(326-328 Jeffords Street)
Morton Plant Hospital Assn., Inc./
Emil C. Marquardt, Jr.
CU 88-08
Request - Noncommercial Parking
Zoned - OL (Limited Office)
4. Lots 1 through 3, Blk. A,
Plaza Park Addition
(900-904 Drew Street)
Wests ide Communications of
Tampa, Inc./George Greer
CU 88-09
Request - Child Day Care
Zoned - OL (Limited Office)
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5.
Lots 1 and 2, Harrington's Oak Sub.
(500 North Ft. Harrison)
Michael Podniestrzanski/
Robert or JoAnn Frederici/
George Gree r
CU 88-10
Request - 1. Outdoor Retail Sales, Displays
and/or Storage
2. Vehicle Service
3. Noncommercial Parking
Zoned - CG (General Commercial) &
RM-28 (Multiple Family Residential "Twenty-eight")
c. Chairman's Items
D. Director's Items
E. Board and Staff Comments
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MINUTES
PLANNING & ZONING BOARD
TUESDAY, JANUARY 19, 1988 - 1:30 PH
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Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell,
Green (arrived at 1:37 PM), Hamilton, Hogan, and Schwab
Also Present: M. A. Galbraith, Jr., City Attorney
(A) 1 .
Motion was made by Nr. Schwab, seconded by Hr. Hogan, to approve the
minutes of the December 15, 1987 meeting as written. ~lotion carried
unanimously (6 to 0).
(A) 2 .
Motion was made by Nr. Hogan, seconded by Mr. Schwob, to approve the
minutes of the January 5, 1988 meeting as written. ~10tion carried
unanimously (6 to 0).
Mr. Green arrived at 1:37 PM.
Chairman Johnson outlined the procedures [or conditional uses and advised that
anyone adversely affected by a decision or tile Planning and Zoning Board, with
regard to conditional uses! has two weeks from thlS date in which to fi.le an
appeal through the City Clerk's Office. Florida Law requires any party
appealing a decision of this Board to have 3. record of the proceedings to
support the appeal.
B. Conditional Uses:
1. (REQUEST FOR E~TENSION)
Lots 61, 62, &. 63
(2002, 2004, &. 2006 Sunset Grove Lane)
Dawn Kochtan/Kerry Lawson
eu 87-40
Request
Zoned
Level I Group Care
RH-12 (Nultiple Family Residential "Twelve")
Ms. Harvey advised as follows: 111e above request is before this Board as a
result of a conditi.on placed on an applicant by the hearing officer after
applicant appealed a denial decision of this Board; the request before the
Board was for the use of the property as a congregate care facility after
three units within a condominium structure were to be converted into one unit;
and, when the hearing officer overturned the decision of the Board, he placed
conditions on the :1pproval, one of which is that the use permit be procured
within 6 months. Ms. Harvey stated applicant has notified the City that the
permitFing involved in obtaining a license from HRS will require an additional
period of time to obtain the use permit. Ms. Harvey felt the request should be
brought to the Board for official action. Ms. Harvey suggested if the request
is approved that the extension be extended s~x months to September 25, 1988.
Ms. Cathy Beckman, representatlve of applicant, stated there is no problem
with any conditions imposed by the hearing officer with the exception of
obtaining the llse perrni.t wi.thin six months. She stated that obtaining a
li.cense from HRS takes four to six months with the paperwork, permi tt ing
process, etc. After questioning by Mr. Schwab, Ms. Beckman assured the Board
the applic<lnt wLll have license before September 25, 1988.
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01/19/88
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Mr. Hogan expressed concern th.:lt the Bn':lrd would b(~ changing ;111 nrdl'f of a
hearing officer. Hs. Harvey ':Iuvisecl the Ci.Ly has gr:lnt(~d sllch l'xtunsions in
the 1)'1st but if tIll' Hoard felt more cOl1\[orL<lbll.~ n~r,~rring till: llh()VI~ n~qllest to
the hearing o[ ficer it may do so. Hr. CallH.1 itll advise!1 th:lt the hl':lrj ng
of[ic(~r orderi3d the application be approved with CI~I-t:lin conti it ions. lh~ [ldL
the above request should bl~ made to the hc,1ring or.rict~r since h(~ imposr~d t:hp
time limi.tation. After questioning by Ms. Nixon, Mr. G"lbraith stated the
request could be made by 1\1ai 1. lIe added he couldn't advise Itlhcth(~r the n~qllest
would cost Cle.1rwater citizens more money.
Mr. Green felt the request should be rcferrcu to the:, hcari.ng officer and Hs.
Nixon felt the Board should not give a recomml~nd;)tion.
Motion ,.,as made by Nr. Hogan, secondeu by Hr. Green, not to lH~ar
for extens ion and r-Jcornmend the appl icant take the proper steps
request for extension to the hearing officer. Notion c<1rricd
(7 to 0).
tIle request
to make the
unan imous 1.y
2. Lot 2, BIle. A, Columbia Sub.
(305 Coronado D~ive)
Alex Galiatsatos/Anthony Aloizakis
CU 88-07
Request - 2-COP
(On Premise Consumption
of Alcoholic Beverages)
(Resort Comme cc ia 1 "Twenty-Ei.ght")
Zoned
CR-28
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Ms. Harvey advised as follows: This is a request for on premise consumption of
alcoholic beverages in the CR-28 zoning district; the specific stnte license
being applied for ~s Cl 2-COP license; the governing sections of the Land
Developmen t Code are Sect i.ons l36.02S(b) and (c) Cl); there 15 an existing
restaurant on the property; the Traffic Engineer ~xpressed concern if the
operation would turn into an operation other than a restaurant; and the Police
Department saw no reason to deny license to applicant. Ms. Harvey advised the
Code pre sen t ly a 1Iows on prem is e cons ump t ion 0 f a lcoho 1 1.C bever ages in the
CR-28 zoning distri.ct only in a restaurant or hotel. Ns. Harvey advi.sed that
staff recommended :JpprovaL subject to the following: 1) That approval by the
City Commisslon of a variance to the 500 foot separation distance be obtained;
and, 2) That the use permit be obtained within six months.
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Mr. Anthony ~loizakis, representative of applicant, stated applicant has been
in the restauloant business [or 30 years. He advised the restaurant applicant
had in New .Jersey W3S located i.n a "dry" town and applicant felt he would not
need alcoholic beverage s31es ,.,hen he opened his restaurant in Florida. He
also advised that many customers request beer or wi.ne wi.th their meal and some
customers leave when they learn the restaurant serves no beer or wine. He
further advised the hours of operation are from 7 :00 AM to 9 :00 PM. He stated
applicant has no plans Eor a bar or tavern bu t intends a Eami 1y style
restaurant.
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Ms. Harvey advised two letters of objection were received from area residents.
The following persons appeared Ul opposition to the above request to give
their comments:
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Mr. Derek Upsall, 315 Coronado
speedi.ng cllrs. After questioning
Drive,
by Nr.
expressed
Schwab, Nr.
conce rn abou t noise 11 nd
Upsall stated he has no
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01/19/88
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problems with the current. restaurant. After questioning by Hr. Grel.~n, Mr.
Upsall stated il l1.mi.tat.ton on closing ttme would help but he cK.pressed concern
that the operation will turn into something else.
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Hr. Thomas Wi lk, 300 llamdcn Drive and 309 Coronado Drive, expressed concern
about noise nnd fumes from the cars that ':He parked only 5 feet [rom his
window. He stated the noise wak(~s up the residents of the hotel. Mr. Wilk
questioned why this B0<11-d \V0uld have previously approved a res taurant at this
location and Mr. Green advised that the Board had no effect on a decision for
a restaurant at the above location. ~lr. Green added that the zoni.ng on the
property allows for a restaurant without conditional use approval.
In rebuttal, Mr. Aloizakis stated that applicant was not aware of cars being
parked behind the restaurant. He added that when applicant found out about the
cars parking behind the restaurant on weekends the Police Department was
contacted and recommended applicant i.nstall a chain across the driveway to
prevent the cars parking behind the restaurant. He stated that the cars parked
behind the restaurant during operating hours are parked there because that is
what the City tnstructed applicant to dD. After questioning by Board members,
Mr. Aloizakis advised ,IS tollows: the hours of operati.on are from 7:00 AM to
9:00 PM; applicant would have no problem with a condition that would require
the sale of alcoholic beverages to cease at 9:00 PH or 9:30 PNj closing time
would not be extended after 9:00 PM becaus(~ the family is in the restaurant
for 16 hours a day; 5 or 6 tables of customers leave each night after finding
out they cannot purchase beer or wi.ne; and five parking s paces plus one
handicap parking space is required but applicant has six parking spaces plus
one handicap parking space.
Gr ee n, second cd by Mr. Fe rre 11, to approve the above
f 0 1 1 0 \.01 i n g con d i t ion s: 1 ) Th a tap pro val by the C i t Y
to the 500 foot separation distance be obtained; and,
obtained within six months; and, 3) Tbat no sales of
place after 9:30 PM. Motion carried unanimously
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Motion was made by Hr.
request subject to tht;";
Commission of a vartance
2) That the use permit be
alcoholic beverages t3Ke
(7 to 0).
3. Lot 17, and Part Lots 16 & 18,
Bluff View Sub.
(326-328 Jeffords Street)
H 0 r ton P 1 ant H 0 S P i. t <l I As s n ., In c . /
Emil C. Harquardt, Jr.
CU 88-08
Request - Noncommercial Parking
Zoned - 01 (Li.mited Office)
A letter dated January 14, L988 has been received from the applicant who seeks
to withdraw the above reques t.
Motion was made by Mr. Schwab, seconded by Mr. Hogan, to accept the withdrawal
of the above n~quest. ~1otion carrie:! unanimously (7 to 0).
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Request - Child Day Care
Zoned - OL (Limited Office)
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Lots 1 through J. Btk. A,
PlAza Park Additi.on
(900-904 Drew Street)
Wes ts ide Commun i.c ,1t lons 0 f
Tampa, Inc./George Greer
Cll 88-09
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Ms. Harvey advised as follows: This is a request for a child day care center
in the Limited Office zoning district located on the northeast corner of Vine
and Drew Streets; the governing sections of the Land Development Code are
See t ion s 1 3 6 . 0 2 5 ( b) and ( c )( 8); t lH~ T r a [ fie En gin e e r had no 0 b j e c t ion and
advised that a site plan has been reviewed regarding access and parking; and,
the application stated applicant proposed to provi.de services to the downtown
labor market. Ms. Harvey advised staff's ouly concern is whether there is
sufficient outdoor play area at the rear of the bUllding. She added the Code
specifically addresses that there be sufficient pl.:lY area. She requested
a p p lie ant add res s the spa c e for p 1. a y are a . Ms. Ha r v e y a d vis e d s t a f f
recommended approval of the nbove request subject to the following: 1) That
the applicant satisfy there is sufficient play area as detennined by the
Board; and, 2) That the building permit be obtained witllin six months.
After questioning by :-1r. Hogan, Hs. Harvey stated the detention areas are to
be located outside the play area.
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Mr. George Greer, representative of applicant :lnd contract purchaser, stated
the site is close to the downtown area, it has a good corner access, and the
Limited Office zoning district allows for child day care as a conditional use.
He added that the property is buffered by streets on three sides and the play
area is on the north side. He added there is adequate parking and the parking
is within city guidelines.
Mr. Philip lIelchek, contract purchaser, stated he wants to build a day care
center. After questioning by Hr. Hogan, Mr. Helchek stated Westside
Communications of Tampa owns the property and Mr. Helchek has a contract with
the property owner to purchase the property.
Mr. John Fernandez, nearby property owner, stated he is opposed to the child
day care center. He stated the previous plans for the area were to have
professional llses along Drew Street. He felt there were alternative places for
child day care centers. He also felt this is a request to which the Board
should say no. Mr. Fernandez stated the proposal will be contrary to the Land
Use Plan and the location should be left open for professional offices. After
questioning by Mr. Schwob, Mr. Fernandez felt day care facilities should not
be mixed with professional offices and nearby tenants have stated if a day
care center is built at the above location they will move out.
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In rebuttal, Hr. Greer felt the corridor concept is not being violated. He
felt a day care center next to professional offices is a reasonable request.
He also felt good quality development will breed further good quality
development in the area. After questioning by Board members, Mr. Greer stated
there is a 6-foot fence along the alley; the area in front of the building is
larger than necessary and building can be moved forward to allow for more play
area; and, a certain square footage per child is required. Mr. Greer added
that the building will be reduced to 5,500 square feet which would allow the
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01/19/88
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p lay area to be i nc n1a sed by a bOll t
Hogan, Mr. Helchel< stated he pl.1nll
that most day car(~ centers r~~(\llire
facili.ties.
500 squnr<~ fe~~t. After ql1(~stioni.llg by Mr.
for about 120 childn:n. Nr. Hogan advised
that ch ildrcn be :; igncd in <lnd out of the
Ms. Harvey stated that laws have chcll1g0.d nnG parents must slgn children in and
out of faci lities. She added that dropping children off nt a facility 1S
perm is sib 1 e but day car e c e n t c r s are 0 n 1 y allowed tor e 1. e a ~.H~ the chi 1 d r en to
authorized individuals.
After questioning by Hr. Schwab, Ms. Harvey stated t.hat i.f the applicant
reduces the building to 5,500 square feet an additional 500 square feet could
be devoted to play nrea and the configuration may change when a final plan is
submitted which may also allow more play area.
After ques tioning by Mr. Hogan, Ms. Harvey
building, the square footage of the play
limit the number of children rlllowed. She
are ve,ry well regulated.
advised the square footage of the
area, and the number of teachers
added that child day care centers
Mr. Schwob felt the proposed USI~ would fit
111 well in the (lreJ.
Mr. Green expressed concel~n about noi.se. ,\fter questioning by Nr. Green, Hr.
Greer advised applicant would have no objection to a condition that limits the
play area to the rear of the property or to the west of the property.
Ms. Nixon stated she 1S ()ppos~d
Office zoning district and felt
continuous all day long.
to a chi ld day ca 1'e
the nOise level from
center in the Limited
120 children would be
Mr. William Gregg, property owner directly east of subject property, appeared
in opposition to the above request. He stated, though he is in favor of child
day care the area is a quiet professional office area nnd a child day center
will change the area. He felt the proposed use is inappropriate. After
questioning by Mr. Green, Mr. Gregg felt a limitation of the play area would
not be sufficient to allow quiet for a professionn1 office area.
In rebuttal, Mr. Greer stated that public schools are less regulated than day
care centers. lIe added that he felt the area is appropriate for a day care
center. Mr. Greer stated the applicant meets requirements.
Ms. Nixon felt the day care center would be better located across Drew Street
\v her e i two u 1 dab u t c 0 mm ere i alp r 0 per t y .
Mr. Ferrell felt the applicant met the Code requirements.
Mr. John Eelt the location for the above request is inappropriate.
Hotion was made by Mr. Ferre 11, seconded by Mr. Schwob, to approve the above
request subject to the folLowing: 1) That the building permit be obtained
within six months; and 2) That the open play area be a minimum of 20 feet in
width as shown on the submi tted site plan and the play area be locntcd no
further cast than the ~ast huilding wal.l. Upon r.oll call, the motion failed
(3 to 4) with Hessrs. Ferrell, Hamilton, and Schwab, voti.ng "Aye" and Ns.
Nixon and Messrs. Green, Hogan, and Johnson voting "Nay."
P &. Z Minutes
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01/19/88
Request - 1. Outdoor Retail Sales, Displays
and/or Storage
2. Vehicle Service
3. Noncommercial Parking
Zoned - CG (General Commercial) &
RN-28 (Multiple Family Residenti.al "Twenty-eight")
5.
Lots 1 and 2, Harrington's Oak Sub.
(500 North Ft. Harrison)
Michael Podniestrzanski/
Robert or JoAnn Frederici/
George Greer
CU 88-10
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Ms. lIarvey adv is ed CIS fo llows : These req ues ts .a re for out doo r ret ail sa les,
displays and/or storage and vehicle service U1 the General Commercial zoning
district and for noncommercial parking 1n the Nultiple Fami ly Residential
zoning district; the governing secti.ons of the Land Development Code are
Sections 136.025(b) and (c)(l9), (c)(22), and (c)(27); and, the Traffic
Engineer expressed concern that the property was too small for the requested
uses. Ms. Harvey requested the Board to inquire of the applicant the type of
vehicle service requested which must be specifically authorized by the Board.
She advised that noncommercial parking requests must meet specific
requirements such as opaque fencing next to residential uscs, lighting on the
lot be no higher than opaque fencing and there be no parking of commercial
vehic 1es. She further advised noncolumercia 1 parking does not allow for long
term storage. She stated, though no plan for parking has been received, the
parking would be required to me~t Code requirements. She also stated the Code
t' . A.dministrator commented that there can be no commercial use of Lot 2 whi.ch is
\..,.. zoned RN-28. Ms. Harvey stated this Board and the previous Board of Adjustment
and t\.ppeal have reviewed other requests for vehicle servi.ce along North Ft.
Harrison and have denied similar requests. Ms. Harvey advised the City has
established it is not in favor of such requests for vehicle service, the only
exception being if the applicant can define vehicle service to the extent that
it is a type of service that is not noise pcoducing. Ms. Harvey advised that
without verification to the extent of vehicle service to provided staff cannot
recommend approval of the subject request.
Mr. George Greer, representative of applicant and proposed occupant of
premises, stated applicant plans basically sales of automobiles and the
vehicle service is requested because of Code requirements. He stated applicant
is aware of parking requirements and the only parking intended is that which
is required by the Code. He added applicants plans to buffer, screen and
landscape rear portion of property and there are no plans for ingress/egress
from Osceola Avenue. He also added there would be no storage of vehicles or
vehic Ie s for s a Ie 0 n La t 2 and pa r1<. ing on La t 2 would be for emp loyees and
customers. Mr. Greer stated, though applicant originally intended to do
repai rs on the property, 110 repairs are intended because the property is not
la rge enough and bec aus e there wo ul d be too much ob j ec t ion to repai rs. He
added applLcant intends to do only light maintenance such as changing ran
be lts and t i.res and the maintenance would be done only on cars that are for
sale. He stated that all service would take place indoors.
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After
work,
wo u 1. d
questioning by Board Members,
painting, or engine tune ups,
be performed off site.
Mr. Greer advised there would be no body
and any other work and light maintenance
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01/19/88
Mr. L. B.. Long, 1454 Palmetto Street., stated he owns property adjacent to the
parking lot on Osceola. He stated he had no objection to the use on North Ft.
Harrison but objects to the use on Osceola. He stated he has had continual
problems with the RM-28 property. He added he has lost tenants hecause of the
adjacent property.
~1s. Harvey advised that several letters of opposition havl~ b(~l~n recld.vcd.
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In opposition to the above request, the following persons appl.'ared to glve
their comments.
Mr.. Robert Zogby, 500 North Osceola, Apt. 506, stated he represents 92
residents of Harbor Bluffs Condomi.nium Association. lIe stated the rp.sidcnts
believe the property is too small (or repair work ot' autol1\obile sales and the
residents felt it would be too noi.sy. lIe expressed concern regarding the
request of noncommercial p.:lrking on Lot 2. Hr. Zogby submitted photographs
showing the existing condition of Lot 2 (see copir~s of photographs attached).
He s tat e d res ide n t s h a ve bee n be for e t his 13 0 a r d t w ice be for (~ con C c nl i 11 g t his
request which \oJ3S rernovl~d from the agenda and tabled. He stated l1nd~rgrol1nd
gas tanks have been removed in the rc~cent pas t and when the res idents
questioned such action they were told t.hat tile n~quest hnd been approved.
After questioning by Hr. Hogan, Mr. Zogby advised the residents werl~ told the
request had b(~en approved by the workers nIl site. After qUl~stioning by Nr.
Green, Mr. Zogby felt a fence around cl1e p<l~king lot tvould not be a help.
Hr. Z 0 g b y f l~ 1 t ': he use doe s not :)l~ 1. 0 :-. g L n t 11 e ;n".1.
Mr. Patrick Kreckel, 500 North Osceola Avenue, ~l>t. 304, stated he purchased
property in this location because it appeared L be a nice place to live. He
felt Osceola Avenue should not have commercial US(~s. He added that Osceola
Avenue is a one-way street and parking is already congested. He stated he is
paying substantial taxes and is strongly opposed to the above request.
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Mr. Joe Beno, 500 North Osceola, Apt. 305, stated he is in the real estate
business and S<1l(-~s in the builriing have dropped. He stated he is losing
customers because of what is across the street. He advised he questioned area
car dealers what they consider noncommercial parking and he \oJas shown back
parking lots with old cars on the lots. He stated he has gotten little help
from the City whe n he C 0mp 1..1 i nc~d aha ut ta nks be i ng removed from the proper ty.
Mr. Warren Moran, 500 North Osceola, Apt. 302, expressed concern about parking
and the congested traffic in the area.
Ms. Florence Driggs, 500 North Osceola, Penthouse, ~s opposed to having to
look out onto the subject Lot 2.
In rebuttal, Mr. Greer stated no one seems to have a concern with selling cars
on North Ft. Harri.son. He [cdt if Lot 2 is cleaned up, buffered, landscaped,
etc. there will be no pl:oblems. He added applicant \oJants to sell used cars
from the front and Lot 2 will be open space and fenced. After questioning by
Mr. Long, Mr. Greer advised that Lot 2 is small but there will be
approximate ly 6 automobi ll~s on the lot at anyone time. Mr. Greer added that
there is a probl(~m at the subject lot currently but conditi.onal use approval
for a minimal use is a good idea.
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After questioning by Mr. Schwob, Hr. Greer advised Lot 2 would be parking for
customers and employees and there would be no cars stored on Lot 2.
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Ms. Nixon stated she i.s somewhat conc\~rned with a req\J\~Bt o( vehicle ~ervice
on North Ft. Harr ison but she lS gn~<lt ly cnnc(~rned about tlll} noncomme rc ia 1
parking on Osceola.
Mr. Hami. lton Ee It it is not (Q;lS ib le to approve VQhic le
the property and not approve noncommercial p:1rking all
property.
servic\~ on one part oE
the other part of the
Mr.. Green
buffering,
better for
enforcement
enforced.
fL~ 1 t approva 1 0 f th is item wi th prov Ls ion
etc. and the provision on limiting the typl.~S of
the neighborhood than ..That is currl~l1tly thcr'~.
1S difficult, Planning will do its best to Sl}l~
Ear Inndscaping,
repairs might be
lie ildderl, though
limitations arc
Mr. Zogby felt that even with landscapi.ng illlll opaque L~ncing on a c(~ment base
where used cars are parked will not improve the lot.
Mr. Greer felt there
property is currently
be that junk cars are
was no rL~k in granting a conditi.onal use sinct; the
an eyesor e. He add(~d the wo rs t th a t caul d happen wou ld
011 the lot.
After questioning by Ms. Nixon, Mr. Gn.llH31.th stated if there is a violation
of conditions placed by this Board the request call come back before this
Board. He added the Board would first be n~qui.red to identify problems. He
further added that the conditions placed by this Boal-d must be specific 1.11
order that they can be enforced.
J'~'
Motion was made by Mr. Hogan, seconded by
request. Upon roll call, the motion f.:liled (3
Hogan, and Johnson voting "Aye" and i'lessrs.
Schwab, voting "Nay."
Hs. Ni xon, to de ny the :Jbove
to 4) with Ms. Nixon and Messrs.
Ferrell, Green, Hami.lton, and
j.
~fti;_,:
Mr. Green stated he wanted included
opaque fencing and no ingress/egress
fencing is required.
in a motion ror approval conditions fot"
from OsceolCl. Ms. Harvey stated opaque
Ms. Nixon felt there shonld be a condition limiting the number of vehicles
parked on the noncommercial parking lot.
Arter questioning by Mr. Hamilton, Ms. Harvey stated this Board requesting a
site plan would be appropriate if the Board felt it would recommend approval.
Mr.. Schwab expressed concern that conditions would not be specific enough and
that details of the request could become too complicated to monitor. Mr.
Schwab requested another vote on the motion be taken.
A rest.:1temcnt of motion IWS made. Motion was made by Mr. Hogan, seconded by
Hs. Nixon, to deny the above request. Upon roll cHll, motion passed (5 to 2)
with Hessrs. Green and Hamilton voting "Nay."
D. Director's Items
l
~.,,'
Ms. Harvey advised the City recei.ved the order of the HeRring Officer in the
appeal of RORe Leon wh.erein the Hearing Officer upheld the decision or this
Board. She advised Mr. Galbraith noted in Ilis memo to the City Commission that
the Hearing O[fic(~r Ul stiLL imposing the 500 foot separati.on distance. She
P & Z Minutes
8
01/19/88
,,' '. t .; :-'; ~~~i..,' ".j.
added thls is not, in the City's opinion, correct and the City Attorney is
going to request clarification from the Hearing OEElcer.
r
Ms. Ha l-vey a 1. so ud v is cd the f ina 1 read i ng 0 f propos ed Ord inance 4420 -8 7, wh ich
is the alcoholic beverage ordinance, is scheduled for January 21,1988 before
the City Commission.
E. Board and Staff Comments
Ms. Nixon requested copies of Hearing Officer orders regarding Planning and
Zoning Board decisions.
The meeting adjourned at 4:15 PM.
.- J!..
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C..<"~ -,"
Paula Harvey
Planning Director
C'
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P & Z Minutes
9
01/19/88
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