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06/25/1992 (2) ", . ", .:" . ~"'. , . . ". ."', .: ." . " ." 'I r ' I . ' . "' " . .. . I " r .; t' i ." , DCAB DEVELOPMENT CODE ADJUSTMENT BOARD ;, DATE tU /28 /91l1 , , ;17 ~ 861 " .......-. DEVELOPMENT CODE ADJUSTMENT BOARD June 25, 1992 Members present: Alex Plisko, Chairman Emma C. Whitney, Vice-Chairman (arrived at 1:01) Thomas J. Graham otto Gans John W. Homer Also present: Miles Lance, Assistant city Attorney (arrived at 1:02) Scott Shuford, Planning Manager Mary K. Diana, Assistant city Clerk Gwen J. Legters, Staff Assistant II The meeting was called to order by the Chairman at 1:00 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 The applicants were not present and concern was expressed they may not have been notified of the date and time of the hearing. A. Valentino Koumoulidis (2nd request for -axtension) for variances of (1) 83 ft to permit a 67 ft wide lot; (2) 3 parking spaces to permit 6 spaces; (3) 24.85% front yard open space to allow 25.15%; (4) 3.5 ft to permit 1.5 ft of perimeter landscape buffering; and (5) 12.8 ft to permit 0 ft of clear space at 606 Bayway Blvd, Bayside Sub No 5, Blk A, Lot 7, zoned CR-28 (resort commercial). V 91-25 Mr. Graham moved to continue this request to the meeting of July 9, 1992. The motion was duly seconded and carried unanimously. B. Robert E. MaIke (Rose Garden Restaurant) (3rd request for extension) for a variance of 14 seats to permit 2-COP licensed establishment with 36 indoor seats at 348 and 348-1/2 Coronado Dr., Lloyd-White-Skinner Sub, Lots 118- 119, zoned CR-28 (resort commercial). V 91-17 DCAB 06/25/92 1 ~ .......... Ms. Whitney moved to continue this request to the meeting of July 9, 1992. . The motion was duly seconded and carried unanimously. staff was directed to ask the applicants to bring background information and drawings relating to their variance requests to the next meeting. II. Public Hearings Item A - (continued from 6/11/92) Lowell W Paxson (Paxson Broadcasting, Inc) for variances (to allow construction of car ports) of (1) 3.54 acres to permit construction on a 0.46 acre loti (2) 179.5 ft to permit construction on a lot 120.5 ft in width; (3) 135.6 ft to permit construc- tion on a lot 164.4 ft in depth; (4) 41.5 ft to permit construction 8.5 ft from rear property line; (5) 2.1 ft to permit construction 47.9 ft from south property line; and (6) 20 ft to permit construction 30 ft from north property line at 18401 US 19 N, See 20-29-16, M&B 33.06, zoned CC (commercial center). V 92-33 In a letter dated June 25, 1992, the applicant has requested this item be continued to the meeting of August 13, 1992, in order to obtain additional information. Mr. Graham moved to continue this request to the meeting of August 13, 1992. The motion was duly seconded and carried unanimously. 1. Mary L Lea, as Trustee, for variances of (1) 12.25 ft to permit a dock 38.50 ft in width; and (2) 9.25 ft to permit dock placement 10.75 ft from extended property line at 1039 Bay Esplanade, Carloue1 Sub, B1k 271, Lot 1, zoned RS 8 (single family residential) and AL/C (aquatic lands/coastal). V 92-34 In a letter dated June 18, 1992, the applicant's representative has requested this item be continued to the next meeting. Mr. Graham moved to continue this request to the meeting of July 9, 1992. The motion was duly seconded and carried unanimously. 2. L M Loken (Imperial Square Shopping center) for a variance of 58 parking spaces to permit a shopping center with 293 parking spaces at 1440-1494 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 92-35 Planning Manager ShUford explained the application in detail stating the request results from a proposed expansion to accommo- date a new Food Lion store. He stated the applicant has acquired an adjacent gas station located southwest of the site to provide additional parking spaces and stormwater retention. A Unity of DCAB 06/25/92 2 Ti tIe would be required to combine the two parcels. A variance for 30 parking spaces was approved on February 13, 1992 and is currently under appeal. It is anticipated either the variance request or the appeal will be dropped. It was indicated any non-conforming signage on the property will be required to be brought into compliance by the October, 1992 deadline. steve Fowler, architect representing the applicant, stated some employee parking spaces in the rear will be eliminated as the applicant proposes to move the building back 15 feet. He stated additional landscaping is proposed for the front, that moving the building back will allow more parking spaces in front and rearrang- ing existing landscaping, water retention areas and driveways will improve traffic cirCUlation on the site. The City Traffic Engineering Department concurs with the request, stating the applicant is attempting to improve internal circulation and eliminate parking on the right-Of-way. A question was raised with regard to the parcel pick-up lane in front of the store. Mr. Fowler indicated the lane is required by Food Lion and felt it did not violate the fire code as unattended vehicles are not allowed. In response to a question, it was indicated seven handicapped parking spaces would be required. Discussion ensued regarding the parking design and Mr. Fowler stated the required number of handi- capped spaces will be provided. Discussion ensued regarding whether. or not a pending Hearing Officer appeal affects this variance request. It was indicated the appeal, filed by Pinch-A-Penny, is based on the proposed location of a main driveway near their loading area. Assistant City Attorney Lance stated the appeal does not affect the current variance request. The rearrangement of the driveways on the site has satisfied the appellant, who is expected to withdraw the appeal. Based upon the information furnished by the applicant, Mr. Homer 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, that the center was developed 30 years ago and has to conform to standards set forth today and not caused by the owner or applicant subject to the conditions: 1) the site shall be devel- oped in general conformance with the submitted site plan and this plan shall be submitted for certification within six months of this public hear~ng; 2) all signs shall be brought into compliance with the City Sign Code on or before October 13, 1992; 3) a Unity of DCAB 3 06/25/92 ...~_.~ Title tying the shopping center parcel with the service station parcel shall be recorded prior to certification of the site plan and 4) 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. Request. qrant.ed. 3. Jan Guyette (Viking Motel) for variances of (1) 90 ft to permit construction on a lot 60 ft in width; and (2) 5 percent lot open space to permit 20 percent at 124 Brightwater Dr, Bayside Sub No 2, Lot 52, zoned CR 28 (resort commercial). V 92-36 Planning Manager Shuford explained the application in detail stating the applicant wishes to install an in-ground swimming pool on a substandard lot. He stated permits do not appear to have been obtained for existing fences or dock improvements and additional variances may be required. .1... It was noted, an existing wooden fence located in front of the property is indicated on the site plan to be six feet tall; however, is only 30 inches in height. Phillip Hobby, representing the applicant, indicated the six and eight-foot fences abutting the subject property belong to adjacent property owners. Addressing concerns regarding the dock, he stated the previous property owner had installed, on an existing dock, an electric boat lift which was found to be non-conforming and was removed. Mr. Hobby indicated the dock was in compliance with the Code and nothing had been added to the dock. He did not feel a continuance to apply for additional variances was necessary. Discussion ensued regarding whether or not the applicant was given sufficient credit for green space. Mr. Hobby indicated some concrete was removed to increase permeable area on the lot. In response to questions, it was indicated a survey was submitted with the application and City staff visited the site. Discussion ensued with it being indicated the applicant wishes to develop and improve the property and a hardship exists due to the lot size and the existing structure being built prior to the current code. A petition with 12 signatures of area hotel/motel owners was submitted in support of the application. One letter from the property owner to the east was submitted in opposition to the application. Concern was expressed regarding the proposed location and noise potential of the pool equipment. DCAB 06/25/92 4 .......c. \ "ftt.;~ ' Mr. Hobby indicated the machinery is to be self-contained inside a box located directly beside the pool equipment of the eastern neighbor. In response to a question, he indicated the box would extend approximately 30 inches from the ground. The applicant was complimented on the improvements that have been made to the property. Discussion ensued with regard to the possibility of locating the pool at the rear of the property. Mr. Hobby indicated the city had said this could not be done. Discussion ensued in regard to whether the applicant had been misled and whether he wanted to pursue locating the pool in the rear. He indicated there would be no advantage to the relocation and expressed a desire to complete the installation as soon as possible. Based upon the information furnished by the applicant, Mr. Graham moved to grant the variances 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 variances arise from a condition which is unique to the property and not caused by the owner or applicant; the particular physical shape, 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 are the minimum necessary to overcome the hardship created by the property being developed prior to the current code and the locations of the existing buildings and other hard surfaces on the property subject to the conditions: 1) the swimming pool shall be constructed as per the site plan 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 carried unanimously. Request granted. III. Approval of Minutes of June 11, 1992 Mr. Gans requested the minutes be amended to include a paragraph informing applicants that when only three members are present, all three members must vote in favor of an application for it to be approved and they have the choice of continuing the request to the next meeting or proceeding. Mr. Homer moved to approve the minutes of June 11, 1992, as amended. The motion was duly seconded and carried unanimously. IV. Board and Staff Discussion Staff was requested to investigate whether or not the dock at the Viking Motel is in compliance with the code. DCAB 5 06/25/92 . " .. : . ", . ~. , ' , . , . r. ,," . . . : . " '. '" '. t . " ~, .' " ',' ~" ~ . ", . . " , .' f' (~ (~) \......... ' V. -Meeting Schedule for August . Discussion ensued in regard to the meeting schedule for August due to a city Commission meeting being rescheduled to August 13, the same date as a DCAB meeting. Consensus was not to change the DCAB schedule. Oiscussion ensued regarding going back to the 3:00 p.m. starting time when there are four or fewer cases on the agenda. Consensus was to keep the starting time at 1:00 p.m. VI. Adjournment The meeting was adjourned at 2:28 p.m. chairmf/r (?p~ ATTEST: " DCAB 6 06/25/92 ~ ',' '. .,. .' l , ';. .,. " ~ '.)' :: _. . . ,,: '" : ~' ... . . I I '.' . ", r:. . .". ." .' ., . .' ACTION AGENDA DEVELOPMENT CODE ADJUS~MENT BOARD /. Thursday, June 25, 1992 - 1:00 p.m. - Commission Meeting Room, city Hall, 3rd floor - 112 South Osceola Avenue Clearwater, Florida To consider requests for variances of the Land Development Code: I. Public Hearings Item A (continued from 6/11/92) - Lowell W Paxson (Paxson Broad- casting, Inc) for variances (to allow construction of car ports) of (1) 3.54 acres to permit con- struction on a 0.46 acre lot; (2) 179.5 ft to permit construc- tion on a lot 120.5 ft in width; (3) 135.6 ft to permit construc- tion on a lot 164.4 ft in depth; (4) 41.5 ft to permit construc- , tion 8.5 ft from rear property line; (5) 2.1 ft to permit con- struction 47.9 it from south property line; and (6) 20 ft to permit construction 30 ft from north property line at 18401 US 19 N, Sec 20-29-16, M&B 33.06, zoned CC (commercial cen- ter). V 92-33 1. Mary L Lea, as Trustee, for variances of (1) 12.25 ft to permit a dock 38.50 ft in width; and (2) 9.25 ft to permit dock placement 10.75 ft from extended property line at 1039 Bay Espla- nade, Carlouel SUb, Blk 271, Lot 1, zoned RS 8 (single family residential) and AL/C (aquatic lands/coastal). V 92-34 2. L M Loken (Imperial Square Shopping center) for a variance of 58 parking spaces to permit a shopping center with 293 parking spaces at 1440-1494 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 92-35 '-, DeAB I. Public Hearings Item A Continued to the meeting of August 13, 1992. 1. continued to the meeting of July 9, 1992. 2. Granted subject to the fol- lowing conditions: 1) the site shall be developed in general conformance with the submitted site plan and this plan shall be submitted for certification within six months of this public hearing; 2) all signs shall be brought into compliance with the city Sign Code on or before 1 06/25/92 October 13, 1992; 3) a Unity of Title tying the shopping center parcel with the service station rV>~'\ parcel shall be recorded prior \. 1 to certification of the site plan and 4) the requisite build- ing permit shall be obtained within one (1) year from the date of certification of the amended site plan. 3. Jan Guyette (Viking Motel) for variances of (1) 90 ft to permit construction on a lot 60 ft in width; and (2) 5 percent lot open space to permit 20 per- cent at 124 Brightwater Dr, Bayside sub No 2, Lot 52, zoned CR 28 (resort commercial). V 92-36 3. Granted subject to the fol- lowing conditions: 1) the swim- ming pool shall be constructed as per the site plan and 2) the requisite building permit shall be obtained within six (6) months from the date of this public hearing. DCAB 2 06/25/92 II. Approval of Minutes of June 11, 1992 II. Approved as amended. III, Board and staff Discussion III. IV. Meeting Schedule for August IV. Consensus of the Board not to change the meeting schedule. .'. v. Adjournment V. Adjourned at 2:28 p.m.