02/13/1992 (2)
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DEVELOPMENT CODE ADJUSTMENT BOARD
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DATE
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DEVELOPMENT CODE ADJUSTMENT BOARD
February 13, 1992
Members present:
Alex Pliska, Jr., Chairman
Emma C. Whitney, Vice-Chairman
Thomas J. Graham
John W. Homer
Absent:
Otto Gans (excused)
Also present:
Sandy Glatthorn, Senior Planner
Mary K. Diana, Assistant City Clerk
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Chairman at 1:05 p.m. in the Commission
Chambers of City Hall. He outlined the procedures and advised that anyone
adversely affected by any decision of the Development Code Adjustment Board may
appeal the decision to an Appeal Hearing Officer within two weeks. He noted
Florida law requires any applicant appealing a decision of this Board to have a
record of the proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda order although
not necessarily discussed in that order.
I. Time Extensions
1. Hans Frederic Heye (1st request far time extension) for
variances of (1) 5 ft to permit lot width of 95 ftj and (2) 14.1 ft
to permit second floor addition 0.9 ft from a side property line at
800 W Druid Rd, Harbor Oaks, part of Lot 8, zoned RS 2 (single
family residential). V 91-55
On August 22, 1991, the applicant was granted two variances to construct a
second-floor addition to an existing house. In a letter dated February 3, 1992,
Mr. Heye requested a time extension due to delays in choosing final architectural
plans for the renovation.
Mr. Homer moved to grant a 90-day time extension. The motion was duly seconded
and carried unanimously. Time extension qranted to May 22. 1992.
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II. Public Hearings
1. V Jack Kennedy/Life Savings & Loan Assn (Pelican Car Wash/Quick
Lube, Inc) for a variance of 15 ft to permit a canopy 5 ft from a
side property line at 2620 Drew St, Sec8-29-16, M&B 33.07 and part
of M&B 33.04 and 33.09, zoned CH (highway commercial). V 92-09
Senior Planner G1atthorn explained the application in detail stating the
applicant wishes to construct a freestanding canopy five feet from a side
property line on the site of the Pelican Self-Serve Car Wash and Quick Lube
currently under construction. She stated the construction site is a leased
outparcel of the nearby savings and loan property, the canopy wi 11 not be
enclosed and will serve as a shaded shelter for customers using the vacuum
cleaners.
Farhod Nikjeh, applicant and owner of the carwash, presented two photographs of
the subject property.
In response to questions, Mr. Nikjeh stated the canopy cannot be placed adjacent
to the building due to ingress and egress drive lanes on both sides of the
building currently under construction. He indicated the vacuums will serve the
bays nearest the vacuums and the quick lube area is in the lower section of the
facility.
Discussion ensued regarding whether or not a hardship exists and it was indicated
due to an existing private drive on the east side of the property connecting the
site to the bank property to the north and due to the drive-through nature of the
business, it is difficult to relocate the proposed structure on the site.
Concern was expressed regarding locating the canopy so close to the property
line. There was discussion regarding there being no impact if the canopy remains
open.
Based upon the information furnished by the applicant, Mr. Graham moved to grant
the variance as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012(d) of the Land Development
Code more specifically because, the variance arises from a condition which is
unique to the property and not caused by the applicantj the particular physical
surround i ng s, shape, and cond it ion s of the property in vo 1 ved and the s t r i ct
application of the provisions of this development code would result in an
unnecessary hardship upon the appl icant and the variance is the minimum necessary
to overcome the hardship created by the existing private drive which runs through
the east side of the property creating a developable area of the property which
is very narrow, the type of access to this facility, and to the car wash areas.
subject to the conditions: 1) the parking spaces, canopy and vacuum areas shall
be used by patrons in conjunction with the carwash/quick lube only; there shall
be no additional auto detailing, maintenance, or repair performed and shall only
be used for vacuuming and cleaning of the cars and 2) the requisite building
permit shall be obtained within six (6) months from the date of this public
hearing. The motion was duly seconded and upon the vote being taken, Messrs.
Pliska and Graham voted "aye"; Ms. Whitney and Mr. Homer voted "nay", Due to a
tie vote, the request was rescheduled to the meetinQ af Februarv 27. 1992.
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2. L M Loken/Mobil Oil Corp (Imperial Sq Shopping Center) for a
variance of 30 parking spaces to permit 311 parking spaces at 1444-
1494 S Belcher Rd, See 24-29-15, M&B 41.02, 41.03, 41.04, and 41.05,
zoned CC (commercial center) and CG (general commercial). V 92-10
Senior Planner Glatthorn explained the application in detail stating the
applicant wishes to lease existing vacant store area to a prospective grocery
store tenant who requires additional space. She said the owner of the shopping
center has acquired the adjacent vacant gas station and proposes to demolish the
structure and convert the area to parking and stormwater retention. Ms.
Glatthorn indicated bringing the property into compliance with Code entails
recording a Unity of Title for the two parcels and meeting perimeter and interior
landscaping requirements. Eliminating dangerous backout parking hinders the
applicant providing the required number of parking spaces.
Ms. Glatthorn indicated the City Traffic Engineering Department recommended
revising the proposed parking layout and felt the variance of 30 parking spaces
is within acceptable parameters. If a variance of more than 30 spaces is
required, the applicant would need to reappear before the Board. In response to
a question, it was indicated the application has not gone through the Development
Review Committee (DRC).
Steve Fowler, representing the applicant, stated the applicant has a petition
with approximately 800 signatures of area residents indicating support of having
a grocery store on the subject property; however, did not bring it with him. Mr.
Fowler indicated the parking lot ;s being redesigned with five of the eight
existing driveways being eliminated and the main driveway will be aligned with
the property directly across Belcher Road. He said eliminating sixteen backout
parking spaces onto Catalina Drive would cause a hardship and indicated a
neighboring condominium to the west has backout parking.
In response to questions. Mr. Fowler indicated the new design will meet code
requirements for interior landscaping, exterior buffer landscaping and stormwater
requirements.
Mr. Fowler indicated negotiations are proceeding relating to the development of
the subject property and requested additional time for obtaining the requisite
building permit.
William Kimpton, applicantls attorney, said this will be a valuable project for.
the area and the applicant, as well as the prospective tenant, are striving to
make it work.
Oiscussion ensued regarding the difficulties involved in meeting the new
landscaping ordinance and the applicant was commended for his work.
Based upon the information furnished by the applicant, Mr. Graham moved to grant
the variance as requested because the applicant has substantially met all of the
standards for approval as listed in Section 137.012(d) of the Land Development
Code more specifically because, the variance arises from a condition which is
unique to the property and not caused by the applicant; the particular physical
surroundings, shape, and conditions of the property involved and the strict
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application of the provisions of this development code would result in an
fr:,,~ unnecessary hardship upon the applicant and the variance is the minimum necessary
to overcome the hardship, created by the existing development of this shopping
center under the prev i ous' deve 1 opment codes and the d i ff i cu 1 ty in obta in i og
suitable space for a development of this type under the current code, subject to
the conditions: 1) prior to the issuance of a building permit, the applicant
sha 11 obta i n approva 1 of an amended site plan from the Deve 10pment Rev i ew
Committee and a final certified site plan within one (1) year from the date of
this public hearing: 2) the requisite Unity of Title tying the shopping center
parcel with the service station parcel shall be recorded by the applicant prior
to certification of the site plan and 3) the requisite building permit shall be
obtained within one (1) year from the date of certification of the amended site
plan. The motion was duly seconded and carried unanimously. Reauest aranted.
III. Board and Staff Discussion
James Polatty, Director of Planning and Development, and John Richter, Code
Enforcement Manager, addressed the Board regarding the City's code enforcement
procedures.
Mr. Polatty stated an ordinance relating to a two-tier system for variance fees
has been drafted. The proposed ordinance would differentiate between residential
and commercial properties.
Mr. Polatty indicated a new system of responding to code violation complaints is
being implemented by the Code Enforcement department. A complaint form has been
developed to facilitate tracking and follow-up of complaints which will allow for
a quicker response.
Mr. Richter indicated the Code Enforcement Department's three primary areas of
responsibility include enforcing the Land Development Code, Occupational Licenses
and Lot Clearings and distributed a code enforcement guide to the Board.
Discussion ensued regarding how code violation complaints are handled by the
City. It was indicated Code Enforcement, Building, Public Works Environmental
and Public Works Engineering enforce different sections of the code and use of
the new form should expedite routing a complaint to the correct authority.
In response to questions, Mr. Polatty said an attempt is being made to ~work
smarter~ by handling code enforcement pro-actively rather than re-actively as was
done in the past.
Discussion ensued regarding more enforcement being needed in downtown Clearwater
relating to lot clearings and abandoned vehicles.
IV. Approval of Minutes of January 9, 1992 and January 23, 1992
Mr. Homer moved to approve the minutes of January 9, 1992 and January 23, 1992,
in accordance with copies submitted to each board member in writing. The motion
was duly seconded and carried unanimously. Approved as submitted.
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Adjournment
The meeting was'adjourned at 2:25 p.m.
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ATTEST:
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Assistan Ci y Clerk. ,
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY "OSlrIO:> IS:
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WHO MUST FILE FORM 88
This form is for use by any person serving at the COUlIty, city, or other local level of government on an appointed or elected board,
council, commission, mllhority. or committee. 11 applies equally to members of advisory and lion-advisory bodies who arc presenled
with a vOling connict of interest under Section 112,3143, Florida Statutes.
Your responsibilities under I he law when faced with n measure in which you haye a connict of inlcrcst will vary greatly depending
on whether you hold all eleclivc or appointiyc position. For this renson, please pay close attention to thc instructions on lhis form
beCore completing lhe reverse side and riling lhe forlll.
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INSTRUCTION'S FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal. or other local public office MUST ADSTAIN from voting on n mcasure
which inures to his special pri\'ale ga in. Each elected or appointed local orticer also is prohibitcd from knowingly voting on a meaSllre
which inures 10 the special suin of 11 principal (other than a government agency) by whom he is retnincd (including the parenl
organi7.ation or subsidiary of u corporate principal by which he is rewined); to the special privute gain of a rein tivc; or 10 the lipecial
private gain of a business associ;\\e, Contmissiom:rs of community redevelopment agencies under Sec. 163.356 or 163.357. F.S" llnd
officcrs of indepcndenl specialta.>,; districts c1ccted on a one-acre, one-VOle basis arc not prohibited from yoting in thal capacity,
For purposes of this law, a "relativc" includes only the officer's futher. mother, son, daughtcr. husband. wire, father-ill.law, mother-in.
la\\', son-in-law, and daughtcr.in-Iaw. A "busim:ss associate" means any persoll or entity engaged in or carrying on a business
enterprise with Ihe officcr as a partner. joint vcnturcr, coowncr of propcny, or corporate shareholder (where the shareli of the
corporation arc not listed on any national or n.:gional stock exchunge),
EI.ECTED OFFICERS:
In addition to abswining from voting in the siluations described above. you musl disclose the connict:
PRIOR TO THE VOTE BEING TAKEN by puhlicly stating to the asscmhly the nature of your interest in the lllcasure on
which you arc abslaining from voting: ami
WITH I N 15 DAYS A FrER TU E VOTE ace U RS by completing nnd filing this form with thl: person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes,
APPOINTED OFFICEHS:
Altbougb you must abslain from voting in the sil\laliollS described abO'e. you otherwise may participllte in thesemallers.llowe.."er.
vou must disclose the nilture or Ihe connict bdorc making any ath,:mpt to innuencc the decision. whether orally or in writing lInd
~~'hethcr madc by you or nt your direction.
IF YOU INTEND TO MAKE ANY A1TEMPT TO INFLUENCE TilE DECISION PRIOR TO TilE !\1l:ETING AT WIIICH
THE VOTE \1.,'1.1. BE TAKE)';:
You must complete and file this form (befme making any allempt II) influencc tIll: decision) wilh the person responsible for
."-' " rccording the minutes of the rnceling, who will incorporHte the C orll1 ill the minutes.
. A copy of the form must be provided immediately to Ihe other members of the agency.
. The form must be rcad puhlidy at the /lext mceting after the form is filed:
CE FOfUoI ~H - 10.91 I',\(il' I
IF YOU MAKE NO A'TEMPTTO INFLUENCE THE DECiSION EXCEPT BY DISCUSSION ATTHE MEETING:
. You mllsl disclose orally the nature of your connicl in the measure before participaling.
. You mus.t complele the f?rnl and file it within I~ dnys nf!er the vote occurs with t~e person responsi~le fo~ recor~ing the miTll'r~
lhe mL'Ctlng, who Olllst Incorpor.Jte Ihe form In the minutes. A cnpy of the form must he provided Lmmedlately 10 the Oi ..
members of the agency. and the form mmt be read publicly lit the next meeting afler lhe form is filed.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
t110)~,~"~ / .j ~".~1~/?7 , hereby disclose lhal on ...,1.;;....,"'2 '3
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(a) A measure came or will come before my agency which (check one)
_ inured to my special privale gain:
_ inured to the specilll gain of my business nssocinte,
L)nUred to the special gain of my relalive,
inured to lhespccial gain of lJi -f1/V1/11.:- :t?EV/~/#7'E..A/1
whom I am retained: or
_ inured to the special gain of
is the parenl organi7alion or subsidiary of a principal which has retuined me.
Cb) The measure before my agency and the nature of my eonnicling interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FI.OIUDA STATUTES *J 12.317 (1991), A FAILURE TO MAKE ANY REQ'.L P
J)lSCl.OSURE CONSTITUTES GROUNDS FOR AND to.'IA Y BE PUNISIIED BY ONE OR MORE OF TH E FOLLa~:
lMPEACIIME:\T, REMOVAl. OR SUSPENSION FROM OFFICE Ol~ EMPI.OYMENT, DEMOTION, REDUCTION IN
SALAR y, REPRIMAND. OR A CIVIl. PENALTY NOT TO EXCEED S5.000.
("I, FORM ~II ' 10.91
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
T~ursday, Fe~ruary 13, 1992 - 1:00 p.m. - Commission Meeting Room,
C1ty Hall, 3rd floor - 112 South Osceola Avenue, Clearwater, Florida
To consider requests for variances of the Land Development Code:
1.
Time Extensions
1. Hans Frederic Heye (1st request
for time extension) for variances of
(1) 5 ft to permit lot width of 95
ft; and (2) 14.1 ft to permit second
floor addition 0.9 ft from a side
property line at 800 W Oruid Rd,
Harbor Oaks, part of Lot B, zoned
RS 2 (single family residential).
V 91-55
II. Public Hearings
1. V Jack Kennedy/Life Savings &
Loan Assn (Pelican Car Wash/Quick
Lube, Inc) for a variance of 15 ft to
permit a canopy 5 ft from a side
property line at 2620 Drew St, Sec 8-
29-16, M&B 33.07 and part of M&B
33.04 and 33.09, zoned CH (h i ghway
commercial). V 92-09
2. L M Loken/Mobil Oil Corp
(Imperial Sq Shopping Center) for a
variance of 30 parking spaces to
permit 311 park i ng spaces at 1444-
1494 S Belcher Rd, Sec 24-29-15, M&B
41.02, 41.03, 41.04, and 41.05, zoned
CC (commercial center) ,and CG
(general commercial). V 92-10
DCAB
1.
1.
Time Extensions
Granted
extension
a gO-day time
II. Public Hearings
1. Tie vote - application to be
rescheduled to the meeting of
February 27, 1992
2. Granted subject to the
following conditions: 1) prior to
the issuance of a building permit,
the applicant shall obtain approval
of an amended site plan from the
Development Review Committee and a
final certified site plan within one
(1) year from the date of this public
hear i ng; 2) the requ i site Un ity of
Title tying the shopping center
parcel with the service station
parcel shall be recorded by the
applicant prior to certification of
the site plan and 3) the requ i s ite
building permit shall be obtained
within one (1) year from the date of
certification of the amended site
plan.
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III. Board and Staff Discussion
IV. Approval .of Minutes of
January 9, 1992 and
January 23, 1992
V. Adjournment
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III. Board and Staff Discussion
Jim Polatty and John Richter of the
Planning and Development Department
discussed Code Enforcement procedures
wi th the Board and presented a new
form designed to more quickly process
code violation complaints. .
IV. Approved as submitted
V. Adjourned at 2:25 p.m.
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