11/13/1990
. I. .; '. ',' ...., ",. ~, "'h..., ' ,~'" ......': . ,I .. .' ~~ ~. ~ ,~. ~ . '" . ',~"" .: ',. J. ," ",f ..'~
ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, NOVEMBER 13, 1990 - 1:30 PM
J':i. r.', ~; )..... ...
.41 \, ~, 1 ;~.~. .... r <
~ t L....
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A.
APPROVAL OF MINUTES
1. October 30, 1990
ACTION
j'l()\1 1 '
IJ i' ,~'
,,~V
Approvod
" '. f'r"'"
.~ -.-...1J
,"'~ 'j' r' r J ,"'.....
I' -
, '......,..-1.:..,.
CONDITIONAL USES, ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. LAND
DEVELOPMENT CODE TEXT, AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. All TESTIMONY FOR
CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH.
1. The Chairperson reads from the Public Hearing Notice each item as it is presented.
2. The staff report and pertinent background Information ate presented. - 5 minutes maximum.
3. Staff presel1ts any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes maximum.
6. Persons who support the application speak. 3 minutes maximum for each Individual;
or spokesporson for group - 10 minutes maximum.
7. Persons who oppose the application speak - 3 mlnutos maximum for each Individual; or
spokosporson for group. 10 mlnutos maximum.
8. Persons supporting the application lather than applicant) may speak in rebuttal - 3 mInutes
maximum.
9. Persons opposing may speak in rebuttal. 3 minutes maximum.
10. The applicant has an opportunity faT final rebuttal - 5 minutes maximum.
11. Public Hearings are crosed.
12. Discussion by the Board.
13. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
B. REQUESTS FOR EXTENSION. DEFERRED
AND CONTINUED ITEMS:
Lots 7-11 and part of lot 12, Blk. L, Hibiscus
Gardens 121 1 S. Missouri Ave.l YWCA of
Greater Clearwater, Inc.
(Community Pride Child Carel
CU 89-82
C. CONDITIONAL USES:
1.
1.
Lot S, Countryside Village Square Sub.
(2549 Countryside Blvd.) Countryside Village
ltd. (Jo-To Japanese Restaurant)
CU 90-75
Request. To permit on premise consumption of
beer and wine
Zoned . CC (Commercial Center)
2.
Boat Slip 3. Bayside Condo (800 Bayway Blvd.)
Jack G. & Pierre Baratelli
CU 90-76
Request - To permit cradle boat lift
Zoned - CR.28 {Resort Commercial) and ALlC
(Aquatic Lllnds/Coaslal)
........
P & Z ACTION AGENDA
Approved Extension for additional 5 months.
,',
Approved subject to the following conditions:
1 J The applicant must obtain approval by the
City Commlsstan for a 75 ft variance to the 300
ft. separation distance required from a
residential zone;
2) Tho applicant shall obtain an occupational
license within six 151 months of this public
hearing: nnd
31 The alcoholic beverage sate shall be limited
to on-premise consumptlon only with no
package sales.
Approvod subject to the followtng conditions:
11 Tho applicant shall obtain requisite bull ding
permIt within sIx months of thIs pUblic hearing;
and
21 The lift shall bo for the exclusive use of the
owner for his boot only.
11113/90
3.
Lots 10 and 11, and part of Lot 12, Blk. D
Pine Ridge Sub. 11407,1409 Betty lane No.)
Bruce Mesagno (Betty Lane Supermarketl
cu 90-77
Request ' To permit paCkage sales of beer and
wine
Zoned - CG (General Commercial)
4.
Lot 17, Missouri Heights and Lots 10-' 2. Blk. A.
Sans Sub. 2nd Addn. (1395 Missouri Ave.)
Dennis R. DeLoach, Jr.
CU 90-78
Request - To permit vehicle service (auto
detailing)
Zoned - CG (General Commercial)
5.
Part of Lots 2 & 3, Mosell Acres
(2140 Drew Street) Drew Master Center. Inc.
IMurphy's Locker Room & Cafe, Inc.)
CU 90-79
Request. To permit on premise consumption
and package sales of beer and wine
Zoned - CG (General Commercial)
6.
Part of Blk. 6, Wallace's Addn. to Clearwater
(606 Turner StreeU
Harold S. & Hazel M. Wallace
CU 90-80
Request. To permit outdoor retail sales displays
and/or storage of plants
Zoned - CG (General Commercial)
P & Z ACTION AGENDA .
2
Approved .ubJoct to tho following conditions:
') Tho requisite occupational IIconse sholl bo
obtlllned within 6 months;
21 Tho hours of oporatlon shall bo Umlted to
6:00 a.m. to 11:00 p.m. dally: with the ule of
bAer and wine on Sundays to be restricted to
the hour. of , :00 p.m. to , 1 :00 p.m.:
31 The applicant .hall obtain variance approval
from the City Commission to the 200 foot
dlstaoce restriction to allow the establishment to
be within 79.24 'aet from tho adjacent property
to the north whIch Includes an existing 2APS
establlshmont:
4) The one door for the estllbllshment which Is
withIn 60 foot of rosldontlol shall bo used as an
emergency exlt only. Also, no dellvarlos or
bUlldlng servIces sholl occur botwoon the hours
of 10:00 p.m. to 6:00 a.m. on anv day:
5) Thero shall be no on-premlso consumption of
alcoholic bOl/oregos allowed: and ,
61 The conditional use pormlt shell be contIngent
upon receipt of a favorable report from the
Pollco Department; should tho report not be
favorable tho rOQuest shall bo rehoard by thIs
Boord.
Approvod subJoct to tho following conditions:
11 An occupational license shall be obtalnod
withIn six (6) months from the dete of this
public hoorlng:
21 The use shall bo limited to auto detailing/
cloanlng only, with no outdoor storago of parts,
outdoor display/storage of I/ehlcles for sale, and
no mechanical reparrs beIng conducted on tho
premIses: and
31 All vehicle serl/lce actlvlUes (auto dotallingl
cloanlng) shell be conducted Inside tho
structuras.
/'
Approved sublect to the followIng conditions: 1)
The requIsite occupational Hcense shall be
obtaIned within 6 months;
21 The hours of operntlon shall be Umlted to
11 :00 8.m. to 1 :00 e.m. dany; with the solo of
beer and wIno on Sundays to be restrIcted to
the hours of 1 :00 p.m. to 1 :00 a.m;
31 The perking lot shall be restored to tho
approvod layout whIch shall Include the
restoration of the landscapod planters. An
acceptable plen shall be submlttod to the Traffic
Engineer. The parking lot shall be restored and
approved by Tratric Engineering prior to the
Issuanco of the requisite occupational license:
41 Tho operation shall be Hmrted to on-premise
consumption only, with no paCkage $ales: and
5) All signs must conform to City Code prior to
Issuance of tho occupational license.
ContInued to 11127/90.
11/1 3/90
. ' ". ~': :j '. .;,. : ~. . ' , .'. '. , ' ,.,'~ . '.', " . , ,I., , " . , , ' ,I ' I ' , . ' . , . 'iI,. _ . ." .',
7.
700 Island Way II Condo,
(736 island Way, Unit 906\
Robert Dlrnoff
CU 90-S1
Request - To permit marina boat lift
Zoned - RM-2B (Multiple-Family Residentiall and
AL/C IAQuatic Lands/Coastall
Lot 1, Clearwater Tower Sub. 1600 Cleveland
St.1 MAS ONE Limited Partnership
(The Harbor....lew Club)
CU 90-82
~.-...
f
8.
Request - To permit on premise consumption of
beer, wine and liquor
Zoned . UC{C) {Urban Cenler Core}
D. LAND DEVELOPMENT CODE TeXT AMENDMENT:
1. An ordinance relating to the land Development
Code amending Sections 134.015, 134.018,
137.012, & 137.020, Code of Ordinances, to
provide that variances from the sign regulations
, may be granted by the City Commission rather
than the Development Code Adjustment Board
(DCABh clarifying the powers and duties of the
DCAB with respect to variances from the sign
regulatIons and alcoholic beverage establishment
minimum separation requirements; providing an
effective date; providin[) for application to
pending applications for variances from the sign
regulatIons.
E. BOARD & STAFF COMMENTS:
Approved lubject to the following condltlons:
, I The eppllcsnt shall obtnln requlslte building
permit within six (6) months of this public
henrlng: and
21 The 11ft .hall be for the exclusive used of the
owner for hi. boat only.
Approved subject to the following conditIon:
, I The requisite occupational license be obtained
with six 16) months from the date of this public
hoerlng.
Approved subject to the date In Section, 6 to be
changed from October 29, 1990 to the offoctlvo
dote of the ordlnanco...The Board spoclflod thot
the hearing officer approach should D21 be usod
for Commission decisIons.
A motion was' made by Mr. Schwab, and seconded by Ms. Nixon, that a possible amendment to the
Code be developed that would prohibit the serving of free alcoholic beverages by businesses in circumvention
of fuU conditional use approval. Motion carried unanimously (7 to 01.1
" .
P & Z ACTION AG ENDA
3
11/13/90
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, NOVEMBER 13, 1990 - 1 :30 PM
...
ro..
PLEDG E OF ALLEGIANCE
INVOCATION
ITEM
A. APPROVAL OF MINUTES
1, October 30, 1990
ACTION
CONDITIONAL USES, ANNEXATION. ZONING, LAND USE PLAN AMENDMENTS, LAND
DEVELOPMENT CODE TEXT AMENDMENTS, AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDITIOMAL USE REQUESTS IS GIVEN UNDER OATH.
1, The Chairperson reads from the Public Hearing Notice each item as it is presented.
2, The staff report and pertinent background information are presented. . 5 minutes maximum.
3, Staff presents any supporting written documents.
4. Staff presents any opposing written documents.
5. The applicant or his representative presents his case. - 5 minutes maximum.
6. Persons who support the application speak - 3 minutes maximum for each Individual;
or spokesperson for group - 10 minutes maximum.
7, Persons who oppose the application speak - 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes maximum.
a, Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes
maximum.
9. Persons opposing may speak in rebuttal - 3 minutes maximum.
10. The applicant has an opportunity for final rebuttal - 5 minutes maximum.
11 . Public Hearings are closed.
12.. Discussion by the Board.
13. The Board makes a decision,
FLORIDA SiA.TUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
,
i
I
t..:~ ..
B.
REOUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
NONE
C. CONDITIONAL USES:
1. lot 5, Countryside Village Square Sub.
(2549 Countryside Blvd.) Countryside Village
Ltd. (Jo-To Japanese Restaurant)
CU 90-75
Aequest - To permit on premise consumption of
beer and wine
Zoned - CC (Commercial Center)
2, Boat Slip 3, Bayside Condo (800 Bayway Blvd.)
Jack G. & Pierre Baratelli
CU 9()-76
3.
Aequest - To permit cradle boat lift
Zoned - CR-28 (Resort Commercial) and ALlC
(Aquatic Lands/Coastal)
lots 10 and 11, and part of Lot 12, Blk. D
Pine Ridge Sub. (1407-1409 Betty Lane No.)
Bruce Mesagno (Betty lane Supermarket)
CU 90-77
i'
\.-
....\ '
Request - To permit package sales of beer and
wine
Zoned - CG (General Commercial)
P & Z AGENDA
1
11/13/90
4, lot 17, Missouri Heights and Lots 1 0-1 2, Blk. A.,
Salls Sub. 2nd Addn. (1395 Missouri Ave.)
Dennis A. Deloach, Jr.
CU 90-78
r Request - To permit vehicle service (auto
detailing)
Zoned - CG (General Commerciall
5. Part of Lots 2 & 3, Mosell Acres
(21 40 Drew Street) Drew Master Center, Inc.
(Murphy's locker Room & Cafe, Inc.)
CU 90-79
Request - To permit on premise consumption
and package sales of beer and wine
Zoned - CG (General Commercial)
6. Part of Blk. 6, Wallace's Addn. to Clearwater
(606 Turner Street)
Harold S. & Hazel M. Wallace
CU 90-80
Request - To permit outdoor retail sales displays
and/or storage of plants
Zoned - CG (General Commercial)
7. 700 Island Way II Condo,
(736 Island Way, Unit 906)
Robert Dimoff
CU 90-81
Request - To permit marina boat lift
Zoned - RM-28 (Multiple-Family Residential) and
ALlC (Aquatic Lands/Coastal)
8. lot 1, Clearwater Tower Sub, (600 Cleveland
t'l'., St.) MAS ONE Limited Partnership
\~'" (The Harborview Club)
CU 90-82
Request - To permit on premise consumption of
beer, wine and liquor
Zoned - UC(Cl (Urban Center Core)
D. LAND DEVELOPMENT CODE TEXT AMENDMENT:
1. An ordinance relating to the Land Development
Code amending Sections 134.015, 134.018,
137,012, & 137.020, Code of Ordinances, to
provide that variances from the sign regulations
mav be granted by the City Commission rather
than the Development Code Adjustment Board
(DCAB); clarifying the powers and duties of the
DCAB with respect to variances from the sign
regulations and alcoholic beverage establishment
minimum separation requirements; providing an
effective date; providing for application to
pending applications for variances from the sign
regulations.
;~.
('
,-.,.
P & Z AGENDA
2
11/1 3/90
MINUTES
PLANNING & ZONING BOARD
TUESDAY, NOVEMBER 13, 1990
Members Present:
Chairman Johnson, Ms. Nixon (arriveO 1 :34 p. m.), Messrs, Mllzur, Schwob,
Ferrell, Hamilton and Gans
".-
t
Also Present:
James M. PoIntty, Director of 1>lanning and Dcvclorm~nt
Scott Shuford, Planning Manager
Chairperson Johnson outlined the procedures for conditional uses and udviscd 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. Florid.. Law requires uny Plwty lIppcaling a decision of
this Board to have a record of the proceedings to support the appeal.
ITEl\.JS ARE LISTED IN AGENDA ORDER THOUGH NOT NI~CESSt\RIL Y nlSCUSSED
IN THAT ORDER.
A. APPROVAL OF MINUTES
1. October 30, 1990
Motion was made by Mr, Gans, and seconded hy Mr. Schwoh, to npprovc minutes of Octl)l)er 30, 1990 as
conected. Motion carried unanimously (6 to 0).
E. REQUESTS FOR EXTENSION, DEFERRED ANI) C()NTINlJl~() ITEMS:
1, Lots 7-11 and part of Lot 12, Blk. L, Hihiscus Gardens (211 S. Missouri Ave.) YWCA of Greater
Clearwater, Inc., (Community Pride Child Caw). CU 89-82
Mr. Shuford stated the original conditi(mul use for this uppliclItioll was IIpprovcd October 31, 1989 and a 6
month extension was granted May 15,1990 which is due to cxpire Novclllh~r 15. 1990.
-<'
l\-Iartha Skelton, Director of Community l}ridc Child Cllrc. advised this location was formerly the YWCA.
thrift shop a year ago and planned to rent it for duy Cllre lIse. In the interim the YWCA changed their plans
and were no longer willing to rent the building. Ms. Skdton statcd Community Pride had to then arrange to
buy the building and this caused the delay. Ms. Skelton nokd Community Pride closed on the building August
30th and they now need more time to allow contntctors to hid llnd then procure their building permit and are
now requesting an additional 6 months extension.
I
L
",
No persons appeared in support of or in opposition to the ahove request.
Motion was made by Mr, Schwab, Hnd seconded by Mr. Hamilton, to approve the above request for a 6 month.
extension. Motion carried unanimously (7 100).
C. CONDITIONAL USES:
1. Lot 5, Countryside Village Square Sub. (2549 Countryside Blvd.) Countryside Village Ltd.
(lo-To Japanese Restaurant), CU 90-75
Request - To permit on prell1is~ consumption of heer and wine
Zoned - CC (Commercial C~ntcr)
Nr. Shuford gave the hackground of the ClISC und suhmitted, in writing, the staff recommendation,
Takeshi Teshima, 2833 57th Stl'L~t~ Sarllstlhl, llpplic4Ult, st3teu he would like to serve beer and wine with
dinner and is currenlly ol}crating restllllfllllts in Tampa llnd Sarasotu as well.
In response to questions by the Board, Mr. Teshima stated the only entertainment would be occasional
demonstration of Japanese music Hnd instrurllcnts.
David Han..4\on, employt.~ of the Tmlllltlcl Crow Cu., the leasing/management firm f(n the shopping
center, stated he handled the lease with Mr. Teshimn. nnd that the hours of operation will be approximately
5:30pm to 11: 30pm and the outdoor ded wi 1\ not be used. He noted that Mr. Teshima's restaurant in Tampa
was just voted the number one Japanese restaUfll/lt in Tampll Bay.
~.
P & Z MINUTES
11/13/90
Request - To pcnnit package sales of beer and wine
Zoned - CG (General Commercial)
.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by M r, Mazur, to approve the above request subject to the
following conditions: 1) The applicant must obtain approval by the City Commission for a 7S ft variance to
the 300 ft. separation distance required from a residential zone; 2) The applicant shall obtain an occupational
license within six (6) months of this public hearing; and 3) The alcoholic beverage sale shall be limited to on-
premise consumption only with no package sales. Motion carried unanimously (6 to 0).
2, Boat Slip 3, Bayside Condo (800 Bayway Blvd.) Jack G. & Pierre Baratelli, CU 90-76
Request - To permit cradle boat lift
Zoned - CR-28 (Resort Commercial) and ALlC (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr.
Shuford added that staff had contacted the Harbormaster who advised by telephone he had no problem with this
request, and that the proposed request will not negatively effect the waterview of surrounding properties.
Steve Brunner, 8579 95th Terrace North, Seminole, applicant's representative, stated the proposed boat lift
is an 8,000 pound Davit Master which is low profile and will not obstruct the view of surrounding properties.
In response to questions by the Board, Mr. Brunner slatt'Al the largest boat that could be handled by this lift
would be up to 8,000 pounds, the size would vary according to th~ type of boat. He noted that Mr. Baratelli's
boat is 25 ft, Mr, Brunner added that this lift will be used by Mr. BaratelIi only, and that Mr. Baratelli is the
owner a Bayway Condo Unit.
No persons appeared in support of or in opposition to the above request.
Discussion ensued with the Board members expressing concerns including the following: the effect on parking
and renting of boat slips.
Mr. Shuford advised that staff is considering a Land Development Code Amendment addressing this problem.
Motion was made by Mr. Schwab, and seconded by Ms. Nixon, to approve the above request subject to the
following conditions: 1) The applicant shall obtain requisite building permit within six months of this public
.~d hearing; and 2) The lift shall be for the exclusive use of the owner for his boat only. Motion carried
.. ",,' unanimously (7 to 0).
....'(.,,'
3. L)ts 10 and 11, and part of Lot 12, Blk. D Pine Ridge Sub. (1407-1409 Betty Lane No.)
Bruce Mesagno (Betty Lane Supemlarket), CU 90-77
Mr. Shuford stated that in order to allow the Police Department sufficient time to review this application, it is
recommended this request be continued.
Mr. Polatty stated that the applications are sent to three divisions within the Police Department and the Vice &
Intelligence Division advised that they need more time to review this application.
Discussion ensued concerning whether the request should be continued in this situation. Mr. Gans suggested
the approval be subje(:t to a favorable report being received from the Police Department.
In response to questions by the Board, Mr. Raleigh stated this is the first venture for this corporation and that
he has 8 years experience in retail foods, Mr. Raleigh stated this corporation is not connected in any way to
the previous tenants.
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Christopher J. Raleigh, 6861 98tll Ave. No., PinelhlS Park, applicant stated he has no problem with the
conditions recommended by staff. He stated a detective from the Police Department had contacted him and
advised that the essence of the investigation is to determine whether any officers of the corporation had been
arrested for a felony in the last five years and that will not be problem for either himself or his partner. Mr.
Raleigh stated this is a grocery store with fresh meat and poultry and other grocery items and well as specialty
ethnic foods, and wish to add the sale of beer and wine.
~: .
No persons appe.ared in support of or in opposition to the above request.
P & Z MINUTES
2
11/13/90
t
~
f
,t
"
\
Request - To permit on premise consumption and package sales of beer and wine
Zoned - CG (General Commercial)
Motion WII1't Illllde hy Mr. Sl.:hwoo, uno seconded by Mr. Ferrell, to approve the above request subject to the
foIlowi ng c{>I1ditions: I) The rl:quisi te llCCllpationul Iict:nse shill! bc obtained wi thin 6 months; 2) The hours
of operation shall he limited to 6:00 u,m. to 11:00 p.m. dllily; with the sale of beer and wine on Sundays to be
rcstrict~ to the hours (It' 1:00 p.m. to 11:00 p.m.; 3) The lIPplicant shall obtain variance approval from the
City COlnmission to the 200 fGot distullce restriction to 1I11ow the establishment to be within 79,24 feet from the
adjacent property III the nmth which includes an existing ZAPS establishment; 4) Tile one door for the
establishmcnt which is within 50 feet of residential shulI be used as an emergency ex. it only. Also, no
deliveries or building servic.~cs shall occur oetwccn the hours of 10:00 p.m. to 6:00 a.m. on any day; 5) There
shall be no on-premi se consumption of alcoholic beverages allowed; and 6) The conditionlll use permit shall be
contingent upon r~eipt of a fllvornblc report from the Police Department; should the report not be f~lvorable
the request shall h~ reheard hy this Bmwl. Motion carried unanimously (7 to 0).
4. Lot 17, Missouri Hci!lhts und Lots 10-12, Blk. A, Salls Sub, 2nd Addn. (1395 MissOUli Ave.)
Dennis R. DeLoueh, Jr., CU 90-78
Request - T(> permit vehicle serviee (auto detailing)
Zoned - CG (General Commercial)
Mr. Shuford guve tht: hackground of the case and submitted, in writing, the staff recommendation.
Dennis DeLoach, 8486 Scminulc Blvd., Seminole, upplicant, stated that he is the owner of the property and
has a lease with Mr, Glen Schafer and slated he felt the proposed use is ~lppropriate for th.is location. Mr.
DeLoach slated the rccollunen<.1ed conditions will not be II problem for his tenant,
In response to qucslions by the Board, Mr. Deloach stated there is room inside at this loclltion to work on 2 or
3 curs at a til1lc ano that the tenant's intention is for tlle work to he done inside.
No persons uppemed in support of or in opposition to the above request,
.'
i'
"
MotiGn wus 11111dc hy Mr. Schwob, and seconded by Mr, Mazur, to approve the above request subject to the
following conditions: 1) An occupational license shall be obtained within six (6) months from the date of this
public hcaring; 2) The use shall be limited to auto detailing/cleaning only, with no outdo<>r storage of parts,
outdoor disph\y/stornge of vehicles for sale, and no mechanical repairs being conducted on the premises; and 3)
All vehicle service activities (auto de-tailing/cleaning) shall be conducted inside the structures. Motion carried
unanimously (7 to 0).
5, Purt of Lots 2 & 3, Mosell Acres (2140 Drew Street) Drew Master Center, Inc. (Murphy's Locker
Room & Cafc, Inc.), CU 90-79
Mr. Shuford gave th~ background of the case and submitted, in writing, the staff recommendation.
Discussion ensued regarding t,ercentage allowed for window signage.
Dehra Pll)'IlC, 3034 Parkway Blvd., Kissimmee, Florida, President of Murphy's Locker Room & Cafe, Inc.,
stated they plan to operate II sports pub with beer, wine and food.
In rcspon~ to questions by the Board, Ms. Payne, stated there will be no entertainment, and that there will be
televisions showing sporting events. Ms. Payne stated she has ex.perience working in sports pubs,
John Esposito, 7849 46th Ave. No., St. Petcrsburg, Fl., applicant stated Ms, Payne is authorized to
represent him. In response to questions by the Board, Mr, Esposito stated the condition requiring the parking
lot to he restored to the approved layout would not be a problem.
No persolls app~ue<l in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the
folhlwing conditions: 1) The requisite occupational license shall be obtained within 6 months; 2) The hours of
opemtion shall he I in1.ited to 11:00 a. ro. to 1:00 a. m, daily; with the sale of beer and wine on Sundays to be
restricted to the hours of 1 :00 p. m. to 1:00 a. m; 3) The parking lot shall be restored to the approved layout
which "hull include the restoration of the landscaped planters. An acceptable plan shall he submitted to the
TTIlffic En~ineer. The parking lot shall be restored and approved by Traffic Engineering prior to the issuance
of th~ rC{luisite OCclIl'Hli()nal Ik:ense; 4) The operation shall be limited to on-premise consumption only, with
no p1\ckug~ sales; and 5) All signs must conform to City Code prior to issuance of the occupational license.
Motion curried ununiInously (7 to 0).
P & Z MINUTES
3
11/13/90
Request - To permit marina boat lift
Zoned - RM-28 (Multiple-Family Residential) and ALlC (Aquatic Lands/Coastal)
6. Part of Blk. 6, Wallace's Addn. to Clearwater (606 turner Street) Harold S. & Hazel M. Wallace
CU 90-80
Request - To permit outdoor retail stiles displays and/or storage of plants
Zoned - CG (General Commercial)
('.'.'.'
I
Mr, Johnson advised a letter from the applicant had been received requesting their application for conditional
use be continued. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to continue the above
request to November 27, 1990. Motion carried unanimously (7 to 0).
7. 700 Island Way II Condo, (736 Island Way, Unit 906) Robert Dimoff, CU 90-81
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
AI Schmoyer, 501 Lauden Avenue, Dunedin, applicant's representative stated this particlllar Condo
Association is active in regulating things such as the parking. The association requires that the boat slips are
not rented to anyone and that they are used by the tenants for their own boats only. Mr. Schmoyer added that
the Condo association also limits the size of the boats. Mr. Schmoyer stated the proposed lift is a low profile
lift and will not obstruct the view.
In response to questions by the Board. Mr. Schmoyer stHted: the boat lifts last indefinitely with very little
maintenance, depending on the quality of the lift,
Mr. Shuford asked Mr. Schmoyer to provide specifications for boat lifts so that a code amendment could be
considered to allow these low profile type boat lifts without requiring conditional use approval.
Discussion ensued regarding the possibility of requesting a "blanket" approval for boat lifts.
Robert Dimoff, 736 Island Way, applicant, stated that his boat will not be higher than his neighbor's boat
and will not be II deterrent to the area.
,\!'
C
""
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the
following conditions: 1) The applicant shall obtain requisite building permit within six (6) months of this
public hearing; and 2) The lift shall be for the exclusive use of the owner for his boat only, Motion carried
unanimously (7 to 0).
8. Lot 1, Clearwater Tower Sub, (600 Cleveland St.) MAS ONE Limited Partnership
(The Harborview Club), CU 90-82
Request - To permit on premise consumption of beer, wine and liquor
Zoned - UC(C) (Urban Center Core)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation, and
reported that the Police Department advised they have no objection to this request.
Discussion ensued regarding restricting the hours of operation.
Elise Winters, 525 Chestnut Street, applicant, stated the Harborview Club has been in existence since 1980
as a membership club, the only change is the club will no longer be membership owned, MAS ONE will be
the owner and the Club Corporation of America will be running the club. Ms. Winters slated she feels the
club will be an asset to downtown CleaIWater, She added that no restriction of the hours of operation would
enable them to bave private parties that may run later than the hours indicated on the conditional use
application and asked if that condition be deleted,
In response to questions by the Board, Ms. Winters stated the usual hours operation would be from 10:30 a.m.
to 11:00 p.m. on Saturdays, and 10:30 a.m. to 6:00 p.m. 011 Sundays.
'-,
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the
following condition: The requisite occupational license be obtained with six (6) months from the date of this
public hearing. Motion carried unanimously (7 to 0).
Mr. Shuford asked Ms. Winters to provide the Phmning & Development Department with a letter amending the
hours of operation as stated on the conditional use application for the file. Ms. Winters agreed to do so.
P & Z MINUTES
4
11/13/90
1.
An ordinance relating to the Land Development Code amending Sections 134,015, 134.018, 137.012, &
137.020, Code of Ordinances, to provide that variances from the sign regulations may be granted by the
City Commission rather than the Development Code Adjustment Board (DCAB); clarifying the powers
and duties of the DCAB with respect to variances from the sign regulations and alcoholic beverage
establishment minimum separation requirements; providing an effective date; providing for application to
pending applications for variances from the sign regulations,
D. LAND DEVELOPMENT CODE TEXT Ar.fENDJ\1ENT:
/-'
f.,
Mr. Shuford noted the following two concerns were expressed by DCAB in regard to this proposed ordinance:
1) the ordinance is written so that the ordinance shall apply to any application submitted after October 29, 1990
and the ordinance has not yet been passed, and 2) that the hearing officer should be included in the appeals
process.
Mr. Polattyadded that the City Attorney suggested to the City Commission that it is not appropriate to have a
hearing officer rule on the decision of the City Commission.
Motion was made by Mr, Schwob, and seconded by Ms. Nix.on, to approve the above ordinance subject to (1)
the date in Section 6 to being changed from October 29, 1990 to the effective date of the ordinance; and (2) the
appeal procedure for City Commission decisions go through the court system. rather than a hearing officer.
Motion carried 6 to 1 (Mr. Hamilton voting "nay" as he felt these decisions should be determined by the City's
administrative boards).
E. Board and Staff Comments
Discussion ensued regarding serving of "free beerK, A motion was made by Mr. Schwob~ and seconded by
Ms. Nix.on, that a possible amendment to the Code be developed that would prohibit the serving of free
alcoholic beverages by businesses in circumvention of full conditional use approval. Motion carried
unanimously (7 to 0).
Discussion ensued regarding advertising requirements for requests for extension and the issue of
ownership/renting of boat slips and related parking problems was discussed.
Ms. Nixon suggested a requirement that boat lifts be made of non-corrosive material.
$
~.,
..(,\;.,..
Meeting adjourned 3:45 p.m,
(
g and Development
(
'.......
P & Z MINUTES
5
11/13/90