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02/25/1993 (2) DCAB DEVELOPMENT CODE AD-JUSTMENT BOARD DATE () 2. /2.,/j / '13 I c27 -- /05J , , \ '-.. .......r ACTION AGENDA DEVELOPMENT CODE ADJUSTMENT BOARD Thursday, February 25, 1993 - 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: t. Public Hearings Item A - (continued from 12/10/92, 1/28/93 & 2/11/93) Brian G salisbury for variances of (1) 1.37 ft to allow a minimum lot width of 58.63 ft where 60 ft is required; (2) 2 ft to allow a landscaped buffer 3 ft in width where 5 ft is required (east property line); and (3) 5 ft to allow zero landscape buffer where 5 ft is required (west property line) at 50S Druid Rd, Sec 16-29-15, M&B 44.01, 44.011, and vacated street, zoned OL (Limited Office). V 92-65 Item A Action: Tabled for six months to August 26. 1993. Item B - (continued from 1/14/93 & 1/28/93) Janusz and Roxana Nowicki (Gulf to Bay Pawn Inc) for a variance of 5 parking spaces to allow 18 spaces where 23 spaces are required at 2054 Gulf to Bay Blvd, Sec 13- 29-15, M&B 13.06, zoned CG (General Commercial). V 93-01 Item B Action: continued to the meeting of March 25. 1993. Item C - (continued from 1/14/93 & 2/11/93) Scott M Trefz (Gulf Bay Animal Hospital) for variances of (1) 6.25 ft to permit a building addition 3.75 ft from side property line where a 10 ft setback is required; (2) 7 ft to permit a building separation of 13 ft where 20 ft is required; and (3) 6 parking spaces to allow 22 spaces (including 7 temporary off site spaces) where 28 spaces are required at 125 S Belcher Rd, Sec 18-29-16, M&B 23.04, zoned CG (General Commercial). V 93-02 Item C Action: Granted subject to the following conditions: 1) the variance is based on the application for a variance and documents submitted by the applicants, including maps, plans, surveys and other documents submitted in support of the applicants' request for a variance. Deviation from any of the 'above documents submi tted in support of the request for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect; 2) landscap- ing shall be provided as shown on the site plan subject to the approval of the environmental division,' 3) the new kennel addition shall be constructed as shown on the site plan; 4) the applicant shall provide a minimum 4-foot walkway in line between the employee parking spaces and the animal hospital site, or alteration found to be acceptable by th e Ci t Y Tra f fie Eng i.neer i ng De partmen t,. 5) the long term parking DCAB Action 1 02/25/93 . . . ~', ~ . ~ . .' . ' '.I .... J .' ". " :..'. 'I : " ..', Ii': ..., " ' ~ . '1/. . . .'. " ~. r--', "-' ~..1 agreement with "The Big Orange" establishment shall be in accordance with section 42.34(6) (a), city Code of ordinances and shall be subject to the approval by the city Traffic Engineering Department and the City Attorney, and following his approval, shall be recorded with Pinellas county; 6) the existing 430 square-foot metal storage building shall be demolished prior to the issuance of the certificate of occupancy and 7) the requisite building permit shall be obtained within six (6) months from the date of this public hearing. Item D - (continued from 2/11/93) Carlouel point corp/stella F Thayer and Thompson L Rankin for variances of (1) 66 in to allow a gate 96 in in height where 30 in is permitted; and (2) 3 ft to allow a zero ft setback where 3 ft is required at 1098 Mandalay point Rd, a strip of land known as Palmer Hayward Reserved as described on plats of Mandalay Point Sub and Mandalay Point Sub 1st Add, zoned RS 4 (single Family Residential). V 93-12 Item D Action: Granted subiect to the requisite building permit being obtained within six (6) months from the date of this public hearing. 1. Austin Wand Emma C Whitney for variances of (1) 9.9 percent to allow 51.9 percent building coverage where 42 percent is permitted; (2) 4.5 percent to allow 30.5 percent open space for the lot where 35 percent is required; (3) 7.7 percent to allow 32.3 percent open space for the front yard where 40 percent is required; and (4) 10 ft to allow construction 15 ft from front property line where 25 ft is required at 756 E1dorado Ave, Mandalay SUb, Blk 4, Lot 2 and riparian rights, zoned RS 8 (Single Family Residential). V 93-15 1. Action: Continued to the meetinq of March 25. 1993. II. Approval of Minutes of 1/14/93, 1/28/93 and 2/11/93 Approved as submitted. III. Election of Officers continued to the meetinq of March 25. 1993. IV. Board and staff Discussion V. Adjournment Adjonrned at 3:12 p.m. DCAB Action 02/25/93 2 , ('~ r '\,'......J,! J '-:h'" DEVELOPMENT CODE ADJUSTMENT BOARD February 25, 1993 Members present: Emma C. Whitney, vice-Chairman otto Gans John W. Horner John B. Johnson Members absent: Alex Plisko, Chairman (excused) Also present: Miles Lance, Assistant city Attorney Scott Shuford, Planning Manager Sandy G1atthorn, Senior Planner Susan Stephenson, Deputy City Clerk Gwen J. Legters, Staff Assistant II The meeting was called to order by the Vice-chairman at 1:05 p.m. in the Commission Chambers of city Hall. She outlined the proce- dures 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. She 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. Public Hearings Item A -. (continued from 12/10/92, 1/28/93 & 2/11/93) Brian G Salisbury for variances of (1) 1.37 ft to allow a minimum lot width of 58.63 ft where 60 ft is required; (2) 2 ft to allow a landscaped buffer 3 ft in width where 5 ft is required (east property line); and (3) 5 ft to allow zero landscape buffer where 5 ft is required (west property line) at 505 Druid Rd, Sec 16-29-15, M&B 44.01, 44.011, and vacated street, zoned OL (Limited Office). V 92-65 senior Planner Glatthorn stated the applicant is not currently able to provide the required site plan. She recommended tabling this request for six months. Eva Tarrance submitted a notarized letter authorizing her to represent the applicant and requested the application be tabled for six months. DCAB Minutes 1 02/25/93 (, "1 '. .~ ~ ...~, Mr. Gans moved to table this item for six months to the meeting of August 26, 1993. The motion was duly seconded and carried unanimously. Item B - (continued from 1/14/93 & 1/28/93) Janusz and Roxana Nowicki (Gulf to Bay Pawn Inc) for a variance of 5 parking spaces to allow 18 spaces where 23 spaces are required at 2054 Gulf to Bay Blvd, Sec 13-29-15, M&B 13.06, zoned CG (General Commercial). V 93-01 Senior Planner Glatthorn explained the application in detail. The site was originally a ten-unit motel and the owner has converted three' of the units into a 1,313 square-foot pawn shop. The applicant is requesting the parking variance for the pawn shop. Construction was started to convert the remaining motel units to storage, office and retail uses. The city Traffic Engineering Department stated a traffic impact fee would be required if the variance is granted. Concern was expressed the additional storage area could be converted to retail use in the future, requiring another parking variance. Roxana Nowicki, the owner/applicant, gave a lengthy history of the subject property. She stated this request is for fewer parking spaces than a previous application which was denied (V 91-74, 12/12/91) and she is aware of the traffic impact fee requirement. She felt the proposed use is appropriate for the mixed zoning in the area and explained how her application is supported by each of the Code standards for approval. . Concern was expressed the proposed use is allowed only if required parking can be provided. It was felt the applicant has created a self-imposed hardship by contracting to do something which is not feasible. Discussion ensued regarding why the project was put on hold for a period of time. Ms. Nowicki explained construction was interrupted due to the contractor's failure to deliver what he promised, not because of lack of permits. The first contractor was fired and a new one hired. Ms. Glatthorn stated the applicant has received all the necessary approvals up to this point and the expansion of the retail area is now on hold pending the results of this variance request. Clarification was requested regarding what the applicant is proposing. Ms. Glatthorn stated the applicant wishes to increase retail/office space, reducing existing storage space. If the variance is denied, the storage area will remain and increased retail use will not be permitted, unless the property is converted back to hotel/motel use. DCAB Minutes 2 02/25/93 . "'. '. .... .,. . '.": . ' . ,; . ' ..I - .'..' ,.. , ',' . t. ' ~. . . , . " ., ,~. '... ".': I ~ '. ' : '. . " ". .' .' . .' . .;. ;. ~ Discussion ensued regarding the proposed use of the property. Placing a pawn shop in the same zoning category as a major discount retail store was felt to be too severe. It was indicated market conditions, not the amount of available parking, will determine whether or not a business succeeds and the applicant has acted in good faith. 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 45.24 of the Land Development code subject to the condi- tions: 1) prior to the issuance of any certificates of occupancy, the traffic impact fee must be paid; 2) the 2,175 square feet of storage area shall remain as such and shall not be converted to retail area without the prior approval of this board and 3) all appropriate certificates of occupancy 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. Homer and Johnson voted "aye"; Ms. Whitney and Mr. Gans voted "nay". Due to a tie vote, this item was continued to the meeting of March 25, 1993. "-... Item C - (continued from 1/14/93 & 2/11/93) Scott M Trefz (Gulf Bay Animal Hospital) for variances of (1) 6.25 ft to permit a building addition 3.75 ft from side property line where a 10 ft setback is required; (2) 7 ft to permit a building separation of 13 it where 20 ft is required; and (3) 6 parking spaces to allow 22 spaces (including 7 temporary off site spaces) where 28 spades are required at 125 S Belcher Rd, Sec 18-29-16, M&B 23.04, zoned CG (General Commercial). V 93-02 Senior Planner Glatthorn explained the application in detail stating the applicant wishes to expand an existing animal hospital. The new construction is proposed to abut and align with the westernmost of two existing buildings. Fifteen on-5i te parking spaces will be provided and the applicant has a lease agreement with the adjacent property owner to the south for seven additional spaces, to be used for employee parking. The applicant proposes to eliminate the existing eastern building to further expand the kennel in the future. Removing the eastern structure would eliminate the need for a parking variance if the seven leased spaces are retained. A copy of the parking lease agreement was submitted for the record. John C. Townley, contractor representing the owner/applicant, stated a conditional use for the expansion was granted in 1990; however, financing was not obtained and the building permit '''~T LC IJCAB Minutes 3 02/25/93 , ,......'..: ~j ~. 1<. '. ',.. ~,}, ',," ,+' ..: ,.t,. .'. ", .~..'... :,. ,'t . ~, ",' -, ". ' .' ',"J' '~.. , . . ",.. expired. stormwater and SWFWMD requirements have been met. He stated the eastern building is leased to a dog grooming business and will be torn down when the remaining 3 years of the lease expires. The required parking can be provided on the existing site; however, it would have to be torn up to allow for the future expansion plans. It was questioned if there will be adequate stormwater retention on the site if the proposed Belcher Road expansion occurs. Mr. Townley stated clearance of five feet was factored into the plans to allow for this. He stated due to the special design of the facility, it could never be used for anything but an animal hospital/kennel. An existing metal storage shed will be removed. Discussion ensued regarding the parking requirements and building plans. Concern was expressed granting a parking variance now would allow too many parking spaces, when they can legally be provided in the future. It was indicated the seven off-site spaces may not be available for long-term leasing and a variance of six spaces would still be required because only 22 spaces can be provided on the site. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances as requested because the applicant has substantially met all of the standards for approval as listed in section 45.24 of the Land Development Code more specifically because, the variances arise from a condition which is unique to the property and are not caused by the owner or applicant and the variances are the minimum necessary to overcome the temporary hardship created by an existing three-year lease on the property subject to the following conditions: 1) the variance is based on the application for a variance and documents submitted by the applicants, inclUding maps, plans, surveys and other documents submitted in support of the applicants' request for a variance. Deviation from any of the above documents submitted in support of the request for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect; 2) landscaping shall be provided as shown on the site plan subject to the approval of the environmental division; 3) the new kennel addition shall be constructed as shown on the site plan; 4) the applicant shall provide a minimum 4-foot walkway in line between the employee parking spaces and the animal hospital site, or alteration found to be acceptable by the city Traffic Engineering Department; 5) the long term parking agreement with tlThe Big orangetl establishment shall be in accordance with section 42.34(6) (a), city code of Ordinances and shall be subject to the approval by the city Traffic Engineering Department and the City Attorney, and following his approval, shall be recorded with Pinellas County; 6) the existing 430 square-foot metal storage building will be removed prior to the issuance of the certificate ',- ~ DCAB Minutes 4 02/25/93 Il:~ ........ ~. of occupancy and 7) 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. Item D (continued from 2/11/93) Carlouel Point corp/stella F Thayer and Thompson L Rankin for variances of (1) 66 in to allow a gate 96 in in height where 30 in is permitted; and (2) 3 ft to allow a zero ft setback where 3 ft is required at 1098 Mandalay Point Rd, a strip of land known as Palmer Hayward Reserved as described on plats of Mandalay Point sub and Mandalay Point Sub 1st Add, zoned RS 4 (Single Family Residential). V 93-12 senior Planner Glatthorn explained the application in detail stating the applicant wishes to construct a new wall and gate at the entrance to Mandalay Point SUbdivision, to replace an old, deteriorated gate. The entrance is attended by a private, part- time security guard. Harry Cline, attorney representing the applicant, presented a scale drawing of the proposed gate. He stated the wall, pillars and caps already exist and the variance is only for replacement of the deteriorated gate. He said the old gate, installed in the 1930's, was at least eight feet in height and is needed for the security and privacy of the residents of this subdivision, located on the northernmost part of Clearwater Beach. The proposed gate is of open, metal construction, is aesthetically pleasing and will not create a visual barrier. A gate height of 30 inches will be of no value and they are requesting the gate be eight feet high. The application is supported by all 13 property owners in the subdivi- sion. One resident spoke in support of the application, stating the old gate was destroyed by termites and he would like to have the variance granted. Five letters were submitted in support of the application, stating the new gate would not be higher than the existing pillars, is needed to help control trespassers and would add to the charm of the entrance. Discussion ensued regarding the configuration of the proposed gate. Concern was expressed the new gate will be taller than eight feet as the existing pillars are 13 feet tall. Mr. Cline said the gate would be remote controlled and would slide to one side for vehicle ingress/egress. A hinged opening would be provided on the left side for pedestrian access. It was indicated both the city Police and Fire departments would have a master key and the opening meets the clear width requirements. DCAB Minutes 5 02/25/93 '.......'; .........~~ 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 45.24 of the Land Development Code subject to the following conditions: 1) the applicant shall obtain approval from the City Police and Fire Departments 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 unani- mously. 1. Austin Wand Emma C Whitney for variances of (1) 9.9 percent to allow 51.9 percent building coverage where 42 percent is permitted; (2) 4.5 percent to allow 30.5 percent open space for the lot where 35 percent is required; (3) 7.7 percent to allow 32.3 percent open space for the front yard where 40 percent is required; and (4) 10 ft to allow construction 15 ft from front property line where 25 ft is required at 756 Eldorado Ave, Mandalay Sub, Blk 4, Lot 2 and riparian rights, zoned RS 8 (Single Family Residential). V 93-15 Ms. Whitney declared a conflict of interest with regard to this case. At the request of the applicant, Mr. Homer moved to continue this item to the meeting of March 25, 1993. The motion was duly seconded and upon the vote being taken, Messrs. Homer, Gans and Johnson voted "aye"; Ms. Whitney abstained. Motion carried. II. Approval of Minutes of January 14, February 11, 1993 January 28 and Mr. Homer moved to approve the, minutes of January 14, January 28 and February 11, 1993, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. Assistant City Attorney Lance left the meeting at 3:05 p.m. III. Election of Officers Discussion ensued with it being felt a full board should be present for the election of off lcers. It was felt the chair should be rotated to give all members the opportunity to make and second motions. Consensus was to continue this item to the meeting of March 25, 1993. DCAB Minutes 6 02/25/93 ,..........;.,,\ IV. Board and Staff Discussion Mr. Homer, having completed, his second three-year term on the Board, was thanked for his years of loyal service. The members stated he has been an asset to the Board and they have enjoyed working with him. Mr. Homer indicated serving on the Board has been a pleasure and he commended staff for their open-mindedness in dealing with public issues. Ms. Joyce E. Martin, a retired personnel management specialist, was appointed to the seat vacated by Mr. Homer. She will attend her first meeting on Ma~ch 25, 1993. It was announced the regularly scheduled meeting of March 11, 1993 will be canceled as there are no new i terns to come before the Board. V. Adjournment The meeting was adjourned at 3:17 p.m. ChafffV2>J2 ~.1 DCAB Minutes 7 02/25/93 (' ", .....",,) ATT.EST: ? ~~t/ lJ;-;I~tiUn1 Deputy City'cl~rk