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04/23/1992 (2) DCAB . . DEVELOPMENT CODE AD.JUSTMENT BOARD DATE c27 04)z3/9~ -J7S3 :.~ .' . ~, . ", ":, ,..., t I '. : " ': " ",' ' , ...' " '. . ' .' , . ' . I ' ':,' ': - ," . """., DEVELOPMENT CODE ADJUSTMENT BOARD April 23, 1992 Members present: Alex Plisko, Chairman Emma C. Whitney, Vice~Chairman Thomas J. Graham Otto Gans John W. Homer Also present: Miles Lance, Assistant City Attorney Scott Shuford, Planning Manager Mary K. (Sue) 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 appea 1 the dec i s i on to an Appea 1 Hear i ng Off i cer wi th i n two week s. He noted Florida law requires any applicant appealing a decision of this Board to have a record of the proceedings to support the appeal. Mr. Graham arrived at 1:09 p.m. f' , In order to provide continuity, the items will be listed in agenda order although ~.~ not necessarily discussed in that order. " I. Public Hearings - requests for variances of the Land Development Code: Item A - (continued from 4/9/92) Jugal B and Manna J Shah (Sea Star Beach Resort) for variances of (1) 8 ft 4 in to permit 2nd floor addition 6 ft 8 in from a street right-of-way; and (2) 10.14 ft to permit 2nd floor addition 4.86 ft from a rear property line at 326 Harnden Dr, Columbia Sub No 3, Lots 3, 3a, 4, 4a, and part of Lots 2 and 2a, zoned CR 28 (resort commercial). V 92-18 Planning Manager Shuford explained the application in detail stating the application has been continued to allow the applicant to present additional information. He stated the variances are being requested to legitimize a 1,600 square-foot second-floor addition for which a building permit was issued in error. Mr. Shuford submitted the floor plan to the Board. He stated the applicant is requesting the variance to construct a railing to facilitate use of the first floor roof as a deck for the second floor. Harland Heshelow, contractor representing the applicant, stated the owners wish to reside on the premises, the number of units on the property is within the density requirements and the proposed railing will not extend around the entire building. He submitted a photograph illustrating the location of the proposed roof deck and stated FEMA was not involved due to the construction being above the flood plane and under the 50 percent rule. .......... OCAB 1 04/23/92 In response to questions, Ms. Shah stated she and her family formerly occupied a small unit behind the office but moved to have more living space. She indicated they now wish to live on the premises as it is difficult and inconvenient to attend to guests whi le 1 iving off the premises. She stated the downstairs portion of the building will be used as the business office. Jugal Shahl owner and applicant, stated operating the business is a 24-hour job and feels it is a hardship not to live on the premises. The addition would house a family of four. Concern was expressed regarding the possibility of the residential unit being converted to rental units in the future. 6fi" ",' "-'\ In response to questions, Mr. Heshelow stated the railing will extend around the corner of the building past the master bedroom. He stated the deck is only for use outside the master bedroom, will not be used to access the second floor, will be built on top of the existing roof and there is hardship due to the existing building layout. Discussion ensued with regard to the addition being in line with the original footprint. Concern was expressed regarding putting support posts within the setback area. Manna Shah, owner and applicant, stated she and her husband want to enjoy the beautiful view and add an aesthetic look to their motel. Discussion ensued regarding legitimizing the existing unit. ">, I Based upon the information furnished by the applicant, Mr. Graham moved to grant a variance of 3 feet to allow the permitted existing residential unit to be constructed to within 12 feet ot the right-ot-way and variance #2 as requested because the applicant has substantially met all of the standards for approval as 1 isted in Section 137.012(d) of the Land Development Code more specifically because, the variances arise from a condition which is unique to the property and 'not caused by the applicant; the particular conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant and the variances arc the minimum necessary to overcome the hardship created by the location of the existing building footprint on the site subject to the condition the applicnnt shall strictly adhere to all density requirements of the Land Development Code. The motion was duly seconded and carried unanimously. Request Qranted. Item B - (continued from 4/9/92) Branch Sunset Associates, Ltd (Sunset Point Shopping Center) for variances of (1) 2 percent building coverage to permit 27 percentj (2) 12.51 percent open space for lot to permit 12.49 percent; (3) 169 parking spaces to permit 1,190 spaces; and (4) a variance of 10 ft to permit zero landscape buffer between parking lot and U.S. 19 N right-of-way at 23660 U.S. Hwy 19 N, Sec 6-29-16, M&B 41.01, 41.02. 41.04, 41.05, 41.06, zoned CC (commercial center). V 92-22 ,-. DCAB 2 04/23/92 .:...,.'.,. ~ " ;" ." :/,'-'- "~I'.'.... . ..'., ,.,".'..~. +, ..',', I,'!'," .. -, ','. '. ." .'.'.. ," ",' <', " Planning Manager Shuford explained the application in detail stating the applicant is requesting the variances to allow the partial redevelopment of the Sunset Point Shopping Center. Proposed is the removal of an existing two-story bank building, replacing it with a one-story retail building and reconfiguring parking spaces, landscaping and driveways. He stated the City1s Traffic Engineering Department has expressed no objection to variance #3, indicating it improves traffic circulation and landscaping. Concern was expressed another retail establishment (Publix) in the center was granted variances conditioned upon upgrading the landscaping, which has not yet been accomplished. Staff is to investigate whether the above variances have expired. Mr. Shuford indicated Planning and Development has a commitment with the owner of the center to do everything possible to improve and upgrade the property. Nick Zarra, engineering consultant representing the applicant, stated a Walmart will be opening in Loehmann's Plaza and Ross Dress for Less shop wants to relocate to the Sunset Point Shopping Center. He stated he has met with the City Forester and Traffic Engineering Departments regarding landscaping, interior islands and improving traffic routes. He indicated the lO-foot landscaping buffer would not be necessary with sufficient internal landscaping and the Design Review Committee (ORC) approved the application without the buffer along U.S. 19. Mr. Zarra indicated he is having difficulty in complying with landscaping requirements due to existing leases with Joel & Jerry's that are very specific that their parking space configuration not be changed in any way. Copies of the lease were submitted to the Board. He requested approval of the variance from the required IO-foot buffer conditioned upon an expiration date to coincide with the expiration of Joel & Jerry1s lease. ~, In response to questions, it was indicated the redevelopment of the bank building would eliminate nine parking spaces and the existing bank building ground floor area contains 8,000 square feet. Discussion ensued regarding whether or not a hardship exists. . " '-. Timothy H. Powell, of Zarra Consultants, representing the applicant, indicated it is not the applicantts desire to eliminate parking spaces, but to create a better traffic circulation pattern as suggested by City staff. Bill Coates, representing the applicant stated the center is thriving and a hardship exists in the functional obsolete two-story bank building in the center of the retail complex. In response to a question, it was indicated the development is over the required coverage for the site; tearing down the building and replacing with a one-story structure would still require a parking variance. Concern was expressed that putting in a north/south accessway would not ease the traffic congestion problem as the dense retail use and associated parking is primarily on the south end of the complex. Mr. Zarra feels the north/south drive is a positive improvement and eliminates some confusion in front of the stores. Oiscussion continued regarding the landscape buffer and the "no change in parkingll clause in Joel & Jerryts lease with it being indicated other businesses also have a number of parking spaces that cannot be altered. Copies of a letter dated April 16, 1992 from Timothy Powell to the City Planning and Development OCAB 3 04/23/92 ': ,', ",." <""f~'" i ".: . "...." " ',,' ,'p., p.... I,' , . " . ,,~ ,; , .... .' " ~,. .. I.' '" . '" " ,~, . ,P':",.. I ' Department were submitted to the board. A question was raised regarding a section of the letter relating to alternatives to immediately installing the landscape buffer. It was indicated if this was a new site there would be no problems with developing the center; however, everything that is changed affects something else and there is an obligation to honor leases of the existing tenants in trying to create a better center. In response to questions, it was indicated additions to the Publix store are included in the calculations for the site. Regarding water retention, it was indicated landscaping will replace some impervious area and a fee will be paid in lieu of drainage. Discussion ensued with regard to parking lot reconfiguration concerns. Mr. Zarra indicated a substantial effort has been made to satisfy City requirements. He stated every attempt is being made to create a better, safer, more aesthetically pleasing site. Concern was expressed in adding a high~traffic tenant to an already congested area. . , Discussion ensued regarding building coverage and reconfiguring the parking lot to improve traffic circulation at the busiest end of the center. A question was raised if the code is too restrictive relating to parking ratio requirements. In response to a question, Mr. Zarra suggested changing the corner area to improve traffic circulation and alleviating backing out into heavy traffic flow. He requested a continuance to revise the site plan. Mr. Homer moved to continue this request to the meeting of May 14, 1992. The motion was duly seconded and carried unanimously. II. Public Hearings ~ applications for land Development Code Text Amendments: r b.,' 1. ORDINANCE NO. 5189~92 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODEj AMENDING SECTIONS 135.011, 135.017, 135.023, 135.029, 135.035, 135.036, 135.037, 135.043, 135.044 AND 135.045, CODE OF ORDINANCES, TO INCREASE THE MAXIMUM HEIGHT FOR STRUCTURES IN ALL SINGLE FAMILY ZONING DISTRICTS AND THE MULTIPLE FAMILY uEIGHT" AND "TWELVEII ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE. (lDCA 92~02) Mr. Graham moved to recommend approval of Ordinance 51B9~92 to the City Commission. The motion was duly seconded and carried unanimously. 2. ORDINANCE NO. 5192-92 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODEj AMENDING SECTION 137.029, CODE OF ORDINANCES, TO PROVIDE THAT CERTAIN LAND USE APPLICATIONS MAY NOT BE FILED IF A SIMILAR APPLICATION RELATING TO ANY PART OF THE SAME PROPERTY WAS DENIED WITHIN CERTAIN SPECIFIED TIME LIMITSj PROVIDING AN EFFECTIVE DATE. (lOCA 92~05) Mr. Graham moved to recommend approval of Ordinance 5192-92 to the City Commission. The motion was duly seconded and carried unanimously. ....-..." DCAB 4 04/23/92 ,"--' " .. ,..,,<~ , , I " l............ I ''''''...' 3. ORDINANCE NO. 5193-92 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 136.008, ,CODE OF ORDINANCES, TO PROVIDE FOR SPECIFIC FLOOR AREA STANDARDS FOR CERTAIN CLASSES OF ACCESSORY USES, AND TO CLASSIFY AN INDIVIDUAL DWELLING UNIT ATTACHED TO A HOTEL/MOTEL OFFICE AS AN ACCESSORY USE: PROVIDING AN EFFECTIVE DATE. (LOCA 92-06) In response to a question, Mr. Shuford indicated the intent of the ordinance is to provide clarification of the density/floor area ratio to give relief to small hotels/motels in meeting required parking. Mr. Graham moved to recommend approva 1 of Ordinance 5193-92 to the City Commission. The motion was duly seconded and carried unanimously. III. Board and Staff Discussion Discussion ensued regarding the FEMA requirements relating to the 50 percent building/flood rule. Consensus of the Board was to request a written legal interpretation of the rule. Discussion ensued in regard to the fee schedule for variances and it was indicated a flat fee of $200 would be charged for residential requests. III. Approval of Minutes of March 26, 1992 and April 9, 1992 Mr. Horner moved to approve the minutes of March 26, 1992, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. Mr. Graham moved to approve the minutes of April 9, 1992, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. IV. Adjournment The meeting was adjourned at 3:15 p.m. ATTEST: ('7n Ifl ~~\, ".J/~. Chairman ;(i DCAB 5 04/23/92 F~ ,. " -~-.. I ~'.....t~" , , t~,' ACTION AGENDA DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, April 23, 1992 - 1:00 p.m. - Commission Meeting Room, City Hall, 3rd floor - 112 South Osceola Avenue, Clearwater, Florida 1. Public Hearings to consider requests for variances of the Land Development Code: Item A - (continued from 4/9/92) Juga 1 B and Manna J Shah (Sea Star Beach Resort) for variances of (1) 8 ft 4 in to permit 2nd floor addition 6 ft 8 in from a street right-of-way; and (2) 10.14 ft to permit 2nd floor addition 4.86 ft from a rear property line at 326 Harnden Dr, Columbia Sub No 3, Lots 3, 3a, 4, 4a, and part of Lots 2 and 2a, zoned CR 28 (resort commercial). V 92-18 Item B - (continued from 4/9/92) Branch Sunset Associates, Ltd (Sunset Point Shopping Center) for variances of (1) 2 percent building coverage to permit 27 percent; (2) 12.51 percent open space for lot to permit 12.49 percent; (3) 169 parking spaces to permit 1,190 spaces; and (4) a variance of 10 ft to permit zero landscape buffer between parking lot and u.S. 19 N right-of-way at 23660 U.S. Hwy 19 H, See 6-29-16, M&B 41.01, 41.02, 41.04, 41.05, 41.06, zoned CC (commerc i a 1 . center) . V 92-22 II. Public Hearings to consider applications for the following Land Development Code Text Amendments: 1. ORDINANCE NO. 5189-92 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 135.011, 135.017, 135.023. 135.029, 135.035, 135.036, 135.037, 135.043, 135.044 AND 135.045, CODE OF ORDINANCES, TO INCREASE THE MAXIMUM HEIGHT FOR STRUCTURES IN ALL SINGLE FAMILY ZONING DISTRICTS AND THE MULTIPLE FAMILY IIEIGHT" AND IITWELVP ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE. (LOCA 92-02) DCAB 1. Public Hearings - Variances Item A - (1) Granted, a variance of 3 feet to allow the permitted existing residential unit to be constructed to withi n 12 feet of the right-of-way and (2) Granted as requested subject to the condition all density requirements of the Land Development Code shall be strictly adhered to. Item B - Continued to May 14, 1992 II. Public Hearings - LOeTA 1. Recommended approval 1 04/23/92 ,~ .,~+..... . ~ . , 'r......... \ "-vI 2. ORDINANCE NO. 5192-92 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE. LAND DEVELOPMENT CODEj AMENDING SECTION 137.029, CODE OF ORDINANCES, TO PROVIDE THAT CERTAIN LAND USE APPLICATIONS MAY NOT BE FILED IF A SIMILAR APPLICATION RELATING TO ANY PART OF THE SAME . PROPERTY WAS DENIED WITHIN CERTAIN SPECIFIED TIME LIMITS; PROVIDING AN EFFECTIVE DATE. (LDCA 92-05) 3. ORDINANCE NO. 5193-92 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 136.008, CODE OF ORDINANCES, TO PROVIDE FOR SPECIFIC FLOOR AREA STANDARDS FOR CERTAIN CLASSES OF ACCESSORY USES I AND TO CLASSIFY AN INDIVIDUAL DWELLING UNIT ATTACHED TO A HOTEL/MOTEL OFFICE AS AN ACCESSORY USEj PROVIDING AN EFFECTIVE DATE. (lDCA 92-06) Ill. Approval of Minutes of March 26, 1992 and April 9, 1992 IV. Adjournment DCAB 2. Recommended approval 3. Recommended approval III. Approved as submitted IV. Adjourned at 3:15 p.m. 2 ...~\ 04/23/92