01/08/1991 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, JANUARY 8,1991 - 1:30 PM
. I / t
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PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
,.
ACTION
A.
APPROVAL. OF MINUTES
1. November 13, 1990
2. November 27, , 990
Approved
Approved
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 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 - J minutes maximum for each Indivlduol;
or spokesperson for group - 10 minutes maximum.
7. Persons who oppose the application speak - J mlnutos maximum for oach Individual; or
spokesperson for group - 10 minutes maximum.
8.' Persons supporting the application (other than applicant) may speak In rebuttal - J mlnutos
maximum.
9, Persons opposing may speak In rebuttal - 3 mlnutos 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 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:
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REQUEST FOR EXTENSION
M&B's 33.03 & 33.04, See 17-295-' 6E
(1051 U.S. Highway 19 S) Gateway Marine,
Inc./Gateway Investments (Maxima Motors)
CU 90-44
Approved 6 month extension from tho data of
this pubHc hearing.
2.
Aequest - 11 Vehicle Service; 21 Outdoor Retail
Sales, Displays and/or Storage
Zoned . CH (Highway CommerciDII
REQUEST FOR EXTENSION
Lots 1 and 2. Blk I. Skycrest Unit 9, AND part
of Tract A, Central Park Resub, {2045 Drew St. I
Skycrest United Methodist Church, Inc.
CU 90.45
Approved 3 month extensIon from the date of
this public heorlng.
3.
Request - Child Daycare EXPANSION
Zoned - PISP (Public/Semi-publici
Continued from 11127/90 and 12/11/90
Lots 72.79, Clearwater Beach Park {454
Mandala" Ave.j Michael N. Kamberos and
Alexander and Mary Dervech
(Beach Bar & Lounge)
CU 90-B5
Withdrawn
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(11(
Request. To permit on premise consumption
and package sales of beer, wine and liquor
(CHANGE OF OWNERSHIP)
Zoned. CB lBeach Commercial)
P & Z ACTION AG ENDA
01/08/91
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4. Continued from 1 21t 1 190 Approvod subject to the following conditIons:
M&B 44.03, Sec. 31-28-16 11 The requisite occupational license shell be
12160 U.S. 19 NI obtained within she: 161 months of this public
Bank of Boston IHard Times Cafe) hearing; __. _ _ _
CU 90-88 . 21 Tho approval sholl be tor 0 six (61 month trial
'0,
period from the doto the occupatIonal Ilcaose Is
Request. To permit on premise consumption of obtained. after which tho Board sholl review ,..-' .
beer, wine and ,liquor' porrce actiVity reports associated with tho
Zoned - CH IHighway Commercial) subject property to determine If continued
lIpproval Is warrantod.
31 The restaurElnt lIhl'lll closo at 1 :00 e.m dally;
Bnd
41 No doHvorles shat! be made bofore 7:00 a.m.
or after 10:00 p,m.
5. Continued from 12'" 190 Contlnuod to FetJruary 5. , 991
Lots 8.10 and part of vacated arrey to the
north. Bile. 8. Bay View City Sub.
(3006 Gulf to Bay Blvd,) Thanh Phuoc
Nguyen and Klmtruc: Thi Nguyen
(BabY Dollsl
CU 90.90
Roquest - To permit on premise consumption of
beer and wine
Zoned - CG (General Commercial)
C. CONDITIONAL USES
1. M&B 13.02, Sec. 01-29.15 Approved sublect to the following conditions:
(1911-1915 N. Hercules Ave.1 11 The applicant must obtain approval by tho
Markos & Maria Poniros CIty Commission for a variance of 110 foot to
IBoomerang's Cafe) allow tho 4COP l1cense designation 190 feet
CU 91-01 from a residential zono where B minimum of JOO
feot Is required.
Request - To permit on premise consumption of 21 The applicant shall maintain the existing
beert wine and liquor kitchen facilities and operate such facUlties to (
Zoned - eN (Neighborhood Commercial) within ana 111 hour of closing and B full time \,
cook sholl be employed;
31 The requisite occupational license sholl be
obtained within six (61 months of this public
hearIng; and
41 Tho uso shall be rostrlcted to on.premisa
consumption only with no peckage sales.
2. Lot 4, Clearwater Collection First RepJat Approves subject to tho following conditions:
(21750 US 19 N,I Dayton Hudson Corp., 11 No temporary buHdlngs, portable buildings,
Target Stores Division tonts, sUmds, trailers, vending corts or Ilke
CU 91-02 buildings or structures shorr be utlll:zod lInclllary
to tho conditlonol use In accordance with
Request. To permit outdoor retail sales, displays Soction 136.025(22)0;
and/or storage (garden centerl 21 No outdoor storage outsldo the area coverod
Zoned . CPO tCommccial Planned Development} by the conditional use roquest shan bo
pormltted; and
31 Tho roqulslto cortlficoto of occupancy for the
Gordon Centor shall bo obtalnod within six 161
Olonths from tho data of this public hoarlng.
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P & Z ACTION AGENDA
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01/08/91
3.
Lot 70, L1oyd-Whlte-Skinner Sub
1351 S. Gulfview Blvd.l Julie F. Tiernan
(Se3food and Sunsets as Julie'sl
CU 9'-03
Approved subject to the following conditions: 1)
Tha raqulslte occupational IIconlD sholl be
obtaIned wlth.,lx ,(61-monthl from tho dete of
this public hearIng:
2) The landscaped aroal on the north, ealt and
south sldos of tho lito sholl bo Improvod through
tho Installation of additional landscepo motorial
8S well as on Irrigation system to ensure tho
survlvablllty of nny landscapIng Inltlll1od; tho
proposed landscape plan Ihall ba approvad by
the Plonnlng and Development Director and the
Environmental Group Manouer; all requIred
landscaping and associated Irrlgetlon Ihell be
Installod wi:hln thraa IJI month: of the data of
this public haarlng;
3) A 30 Inch toll wall sholl be Installed as a
borrler to separate tho outdoor seating llrOIl from
tho sidewalk and tho drlvoway; this wall ohall bo
Installed within throe (3) months of tho deto of
thIs public hoarlng;
41 Tho applicant shall obtain the reQulrod
parking variance from the Development Codl)
Adjustmont Board; and
51 Tho appHcant sholl obtaIn tho requlrod
alcohoHc beverage separotlon distance variance
from the City Commission. '
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Request - To permIt on premise consumption of
beer and wine
Zoned - CR.28 (Resort Commerclall
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT,
LAND DEVELOPMENT CODe TeXT AMENDMENT. AND lOCAL
PLANNING AGENCY REVIEW.
NONE
E. ELECTION OF PLANNING & ZONING BOARD OFfiCERS
William Schwab. Chairman
Kenneth Hamilton, Vice Chairman
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F.
CHAIRMAN'S ITEMS
P & Z ACTION AGENDA
3
01108/91
G. DIRECTOR'S ITEMS
H. BOARD AND STAFF COMMENTS
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l\IlNUTES
PLANNING & ZONING BOARD
TUESDAY, JANUARY 8, 1991
c:-y &:-.L
Members Present:
Chairman Johnson, Ms. Nixon, Messrs. Ferrell, Gans, Hamilton, Mazur, and
Schwob
A Iso Prcnclll:
James M. !JolaliY, Direttor of Plunnin.l1I>'lJ J),.vdopmelll
Scott Shuford, Planning l\lanager
Doreen Feldhaus, Recording Secretary
Chairperson Johnson ouUined the procedures for conditionul uses und auviscd that unyonc ud\'crscly affected by
11 decision of the Planning nnd Zoning Board, with regard 10 conditional Uses, has two weeks from this date in
which to file an appeal through the City Clerk's Office. Florida Lnw requires nny party uppellling a decision of
this Board to have a record of the proceedings to support the appeal.
B.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DlSCUS~ D
IN TIIAT ORDER. R E eEl V .t.
MAR 0 6 199\
C \l'Y CLERK
REQUESTS FOR EXTENSION, DEFERHED
AND CO!'.7INUED ITEl\IS:
J.
REQUEST FOR EXTENSION - M&B's 33.03 & 33.04, Sec 17-29S-16E (1051 V.S, Highwny 19 S)
Gateway Marine, Inc.JGntewllY Investments (Maximo Motors), CU 90-44
Request. 1) Vehicle Service; 2) Outdoor Retail Sules, Displays and/or Storage
Zoned - CH (HighwllY Commercial)
Mr. Shuford slated staff received a request for II six (6) monlh extension for the above item. He noted this is
the first extension requested for this conditionnl use pennit which was granted July 17, 1990. Mr. Shuford
advised the leUer from tbe applicant states they are preparing to sell the property and are not pursuing
construction plun approvul at this time. Mr. Shuford stated staff recommends nppro\'ul of the six (6) month
extension.
IInrry Cline, 400 Clel'elllUd St., applicunt's I'eprcscntllthe, stnted applicant was before this Board six
months ago on this issue with an applicntion to put [\ building to house tht: nlready upproved Cllr facility. Mr.
Cline advised that they have prepared final plans IInd haw now received an offer to sell the land. Mr. Cline
slllted the sale is currentl)' under negotiation and for lhat reason the)' lire requesling tht: extension.
In response to questions by the Board, Mr, Cline slllted the conditional use permit Ilppro\'al was limited to the
present corporntion and if the property is sold tht: use would probably nol be the same,
No persons appeared in support of or in opposition to tIll: above requesl.
Motion was made by Mr. Schwab, and seconded hy I\lr. Hamilton, 10 llppro\'e a six (6) month cxtension from
the dute of this puhlic hearing. /\lotion carried unanimously (7 to O)~
2, REQUEST FOR EXTENSION - Lois 1 und 2, Elk I, Sk}'cresl Unit 9, AND part of Tract A, Ccntral
Park Resub, (2045 DreW St.) Sk)'Cresl United I\tethodist Church, Jnc" CU 90-45
Rcqucst - Child Dn)'cnre EXPANSroN
Zoned - P/SP (Puhlic/Semi-pub] IC)
M r, Shuford SI;\It:d Ih~ nppJicant slIhllliued a leller requesling II llm~e (3) month extension in order 10 obtain n
certificalc of occupancy [lnd thai staff has no prohlcm wilh Ihis fequesl.
Ainu Gaylurd, Assndlltc Puster, 20-t5 Dn'\\' St., slah:d Ihat in July of 1990 they came hefoft: Ihis Board with
a request 10 expand their Jay I..'are facility fur "!\'Iollwrs l-.Iorning Qut" from onc uay to 3 dll)'s which WIIS
approwd. ?\Ir. Gaylord slall'J al that time IIll'Y fell six mouths would he suflici;;:nl timt:. however Ihc extension
is nnw needed to (lhlain Ihe file illSpc.:lil111.
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01/08/91
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No persons uppearcd in support of or in upposition 10 the ubovc request.
Motion wus milde hy 1\1 r, Schwoh. llnd Sl.'corHJ~d hy M r, Hamillon, to approvc n J munlh cxlcnsion from the
dnle of this public heuring. r-,Iotion carril:d unanimously (7 to 0).
3,
Continued from 11127/90 and 12/11/90 . Lots 72-79, Clt.!arwlltcr Beach Park (454 Mandalay Ave.)
Michael N, Knmheros llud Alexander lInd Mary Dt.!rvech (Beach Bar & Lounge), CU 90-85
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Reque~;l - To permit on premise consumpl:on and pack:lge sales of beer, wine amI liquor
Zoned - CB (Deach Commercial)
Mr. Johnson stated a lcller has been n:c:dvad withJmwing Ihis rcquest
Mr. Shuford staled stuff recommends approval of the wilhdmwlI!.
In oppositiun. John II. Pincnidis, 47 Pllpa)'u St., stated he has II petition in opposition signed by 95 % of lhe
property owners in the urea.
Mr. Gans stated this item is being withdrawn 01 this timc and felt Mr, Pincnidis should kecp the petition to
prescnt if this request should be rellPplied for ut II later d,lte.
Mr. Pinenidis agreed hc will wllit to sce if the llPplicant rCllpplies for this conditionllluse.
Juseph II. Fletcher, Sr., President of 'FI:Ul1ingll ApurllllCnl'i, stRteu hc has lived und conducted business
behind the Bench Bar for 30 years IInd the Dcrvcch huilcJing since it was buill 25 ycars ago, Hc st:ltecl he
realizes thul the Beach Bar :md connccling restaurnnt lire grandfatlwred hut if it reopens it l11\1st not be allowed
10 opemtc the wa)' it has in the past Mr, Flctcher slatcd lhey have cxpcrhmccd many problems with the
operation of this business which include the fullowing concerns: excessive noise by employees emptying trash
III 2:00 a.m. daily; a cloor heing opened on the norlh wall of the building, the disruptivc conduct b)' patrons
leaving the fllcility; cxcessive noise by employe!'::; throwing glass bottles inlo recycling conl:liners; IInd the
dumpsters, recycling containers and grease lanks being located under bedroom windows. Mr. Fletcher stated
Ihat this business should not be permilled to reopen, howcver if pennilled 10 reopen dumpsters or grease tanks
should not be permitted in the area of living quartcrs, the back door of the bar should be for emergency use
only, the business should be required to close nl midnighlllnd no dumping of trush permillccJ lifter 11 p, m.
Motion was made by 1\lr. Schwob, tlnd secondccJ by l\f:lzur, to withdraw this itcm us requesled b)' the
upplicunt. Motion cllrricd unanimousl)' (7 10 0).
4, Continued from 12/11/90 - M&B 44.03, S~c, 3 [-28-]6 (2160 U.S. 19 N) Bank of Boston
(Hurd Tilll~s Cufc), CU 90-88
Requesl - To permit on prcmise con~lImplion of bL:~r, wine und liquor
Zoned. CH (Hi1;hwll)' Commercial)
Mr, Shuford 1;:lve the background of the cas~ und submlth:d, in \\TJllng, the stuff recommend:llion. Mr.
Shuford st:lled this item was conlimlt:d from thc last m\:din1; and Ihat staff hus determincd the request is u valid
nonconforming use. 1\1 r. Shuford noted one leHer of objection was received.
Discussion ensuecl regard Ihe granc.lfuthering of the alcoholic bevcrage and occupational liccnsl;!s. M r, Shuford
explained thaI the occupational licen~e for Mdons remained :Ictive through September of 1990 IInd that a year
had not passed since thc cxpirution of the occuputional liccn!'e, Therefore, there is no need for II sepnnltion
distance v:lriance.
Dale Schmidt. I.WS SC:Lhreci'e, Slllkd at lhe lust n1l:cling thcn: was conccrll expressed ubout problt.!ms with
tmffic lInd fcnces. 1\1 r, Schmidt presenled pictures of whcn thc previous restnuranl opemled at this locution
showing Ihut everything \\',IS being donc that Hillcrest Iwd llsl:ed lhcm 10 UO, 1\1 r. Schmidt noted thert! Wert!
also lJuestions regarding ~t!\\'age and odors. lie advised the business h:',s hCl'lI orcn for 2 wecks IHlving passed
Health Department llnu nil other r!.!qLllfcd inspection.;, Mr, Sdllnicll noted thllt it W,LS stated nt the last lUt.!eting
that the npartl11L:nts behind Ihe businL::;s lire nol relll,.hle, auu he has sin\:c found OUI thul thc npartrl1~nt.s urc:
currL:ntly renled lInd OCL:L1ph:J. :-'1 r. S;:hrnidl Iltc~::tllt'd a Idh.'r frolll Claud!.! M iranua who furmerly worked at
Melons (alladwd). [n rel'unJ 10 a,~'id::tlts. ~d r, S..:hllUdl 11l1lnJ thar it was st:lll'U al ,hl' lasl mecling th:1I many
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P ~\:. Z. ~m":UTES
0\ 10R/9 \
accidents were caused by patrons of Mdons and other establishments in the center: howewr, in the last three
weeks there have been two accidents at this location and there have not been Bny u.lcoholic beverBges sold. Mr.
Schmidt stated this business is a restaurant not a bar, and that many clients who come in daily for lunch and
dinner are from Hillcrest Villas and that customers are asking when they will he able to have an alcoholic
beverage with their meals.
t"\
In response to questions by the Board, Mr. Schmidt stated he and his partner, John Goldman will be managing
the busine<;s, along with a kitchen mm~ager. Mr. Schmidt a:.kl::d h~ will work 11:00 a,m. to 6:00 p.m. an.:!
Mr. Goldman works from 6:00 p,m, to closing at miunight. Mr. Schmidt stated he has experience working in
restaurants and has been a resident of the community For 30 years.
Joy Zschau, 28050 U.S. 19 No., ottorney representing: the Bllnk of Boston (property owner), stated it is
the intention that this will be the only restaurant and the only facility selling alcoholic beverages on the
property. The major problems' in the past seem to have been created from T, W. Bobbers, which was a
"biker" bar and some from Melons and Rascals. Mr. Zschau stated this business is entirely different, it is a
family oriented restaurant an-J should not be confused with the ftHard Rock CafeA,
In response to questions by the Board, Mr. Zschau staled: T. W. Bobbers has not been in business at that
location since February, 1990; a six month. trial period is not a problem; there will be no entertainment; and
that a 1:00 a.m. closing time lIS a condition would be no problem.
In support, Alan Ncnse, 12760 Indian Rucks Road, 11555, stated he has been a resident for 22 years and has
applied for a position as a bartender/waiter at the Hard Times Cafe. He sUIted he has worked lIS a bartender
for 21h years and has been trained at the International Bartending Institute, which included the handling of
customers.
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In opposition, Poula Romao, 2340 Main St., Suite L, Dunedin, representing Hillcrest Villas
Condominium Association, stated she prepared a summary of incidents from 1984 - 1990 in which it is noted
whether the incidents Were alcohol related. Ms. Roman discussed a length the history of the occupational
license for this location, involving Melons and Rascals and expressed concern whether the licenses were valid
at that time. Ms. Roman asked the Board to consider the Stnndards for Approval which include not only
vehicle safety but that the use of the property should not adversely effect the value or use and enjoyment of
adjacent properties which is a problem in this case. Ms. Roman felt it is significant to consider how employees
and management will handle people who have had too much to drink. Ms. Roman added she felt traffic is a '
serious problem and that there will be more problems at this intersection if this request is approved.
Discussion ensued regarding the "grandfathering" issue.
.; ,~
Mr. Shuford stated that the "grandFathering" issue is referring to the separation distance variance. He noted a
4COPSRX license is allowed within a very limited distance from a residential zone in this zoning district as
long as the doors are not within 65 Feet of the zone. Mr. ShuFord added that a separation distance variance is
not needed for this request.
P 8.:. Z r-,.lINUTES
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01108/91
In response to questions by the Board r rvls, Roman stated odor problem in the past was caused by grease
overflowing from the grease tmp into the parkin~ lot and onto her clients' property and even if this problem is
corrected it would only solve part of the problems. She stated other problems included customers from this
location wandering over to Hillcrest property and "abusing" the pool. Ms. Roman stated that ever since there
have been restaurants at this location there have been problems and that this situation is very t,roublesome to the
residents of Hillcrest Villas.
III support rcbullalt Alan Nease Slated this is B fa mil)' restaurant and that a bartender/waiter takes
responsibility in good customer service and should establish a good rapport with them. In response to
questions by the Board. Mr, Nease stated customers who :lppear to have had enough to drink will be handled ill
a friendly manor which usual1y gets a friendly response in return.
In Opposilion rebuttal. Paula Roman. st:IlCU she would call attention to the Fact that one unit resident recently
observed a vehicle going the wrong way regardless of the traffic signs now in place, She added that alcohol
bdng served will anI)' compound problems already existing tit this location.
In rehulInl, Ja)' Zschau stated [hal this establishment is not i\ldllns or T.W. Bobbers, it is a rt:staurant that
caters to families and that the rear doors an.: lin emeq;'~ncy use only.
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In rehuttal, Dale Schmidt slated the grease is placed into two traps and there is no grease running into the
parking lot, sidewalks or median. In response to questions by the Board, Mr. Schmidt stated a taxi service will
be provided for patrons who needed it; and thnt servers will be dressed in cotton pull over shirts and walking
length shorts.
Discussion ensued with the Board members expressing concerns including the fonowing: imposing a trail period,
the Bank of Boston gUllnuttee that this will be the only alcoholic beverage establishment in the center.
Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to approve the above request subject to the
foHowingconditions: 1) The requisite occupational license shall be obtained within six (6) months oftbis public
hearing; 2) The approval shalt be for a six (6) month trial period from the date the occupational license is
obtained, after which the Board shaH review police activity reports associated with the subject property to
detennine if continued approval is warranted; 3) The restaurant shall close at 1:00 a,m daily; and 4) No
deliveries shall be made before 7:00a.m, or after lO:OOp.m. Motion carried 6 to I, with Ms. Nixon voting .nay..
S. Continued from 12/11/90 - Lots 8-10 and part of vacated alley to the north, Blk. 8, Bay View City
Sub. (3006 Gulf to Bay Blvd.) Thanh Phuoc, Nguyen and Kimtruc Thi Nguyen (Baby Dolls), CU 90-90
Request - To permit on premise consumption of beer and wine
Zoned - CO (Geneml Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Mr. Shuford
explained that this request was continued so that the operalor of the business could be present to provide
additional information on how the business will be run~ and to anow staff the opportunity to research the owner's
background and other eslablishments owned by Mr. Ward in the Orlando area. Mr. Shuford stated he bad
received the information from the past 3 years from the M.B.I. office on three establishments opemted by Mr.
Ward: the Centerfold Lounge - 9 arrests; D.O.'sLounge - 12 arrests; and Bourbon Street Lounge - 13 arrests.
Mr. Shuford stated tne..<;e arrests were M.B.I.adull entertainment code violations and State violation dealing with
lewdness.
No persons appeared in support of or in opposition to the above request.
The applicant was not present, therefore the item wns conlinued to the end of the meeting. The applicant was
not present at the end of the meeting.
Discussion ensued regarding whelher it wouhl be appropriate to deny this request since the applicant was
properly notified and did not appear.
Motion was made by Mr. Mazur, and seconded by Ms. Nixon, to continue the above request to February 5,1991.
Motion carried unanimously (7 to 0).
C. CONDITIONAL USES
l. M&8 13.02,500.01-29-15 (1911-1915 N. Hercules Ave.) Markos & Maria Poniros (Boomerang's Cafe),
CU 91-01
Request - To permit on premise consumption of beer, wine and liquor
Zoned - CN (Neighborhood Commercial)
Mr. Shuford gave the background of Ihe case lUld submilled, in writing, lhe staff recommendation.
George Greer, 600 Clcvchmd St., Suite 685, applicant's and owner's representative, stated in 1988 this Board
approved a 4COPSRX license for this facility. Since thal lime, Mr. Zuccolillo won a 4COP license in a drawing
by the Slate Alcoholic Beverage Commission. Mr. Greer stated there have been no changes, nor will there be
any chang~ 10 the busin~s. Mr. Greer added there is no problem with lhe starrs recommendation.
Michael Zucculillo, 1652 BeachwllY Lane, Odes-o;ll. Aoridu. uppHcunt, slaled that the entertainment consist of
a big screen television on which they show vidoo lapes of games that take place at the nearby ballfields and 2.3
piece bands. Mr. Zuccolillo noled the business calers to blue collar clientele of an average age of 35.
P & Z MINUTES
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01/08/91
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No pcrsons appeared in support of or in opposition to the above reque."i,t,
rc-,
Motion was Illude by Mr. Schwab. and seconded by Mr. Hamilton, to approve the ahove request subj~t to the
following conditions: J) The applicanl musl obtain approval by the Cily Commission for a variance of 110
fecI to allow the 4COP license designation 190 feet from a rc.sidenlial zone when:. a minimum of 300 feet is
required; 2) nle applicant shall maintain the existing kitchen facilities and opemte such facilities to within one
(1) hour of clo~inc and Q full time cook shull be employed; 3) The requisite occupational licen.<;e shaH be
pbblinClI \1Iithin ~il (I)) mont!u of Ihis l'llh1ir Ill~:!ring; ami 11) niP. IbC !hall be rL-.~tr;cll:d t') fm'!,1':1I1i~
consumption only with no package sates.. Motion carried unanimously (7 to 0).
2. Lot 4, Clearwater Collection First Reptllt (21750 US 19 N.) Dayton Hud~on Corp., Target Stores
Division CU 9 J-{)2
Request - To permit outdoor retail sales, displays andlor storage (garden center)
Zoned - CPD (Commercial Planned Development)
Mr. Shuford gllve the background of the ca$.e and submilled, in writing, the stuff recommendation.
David Palmquistt 1012 Culin Bh'd't Grcut Luke, Wisconsint representutive for Target Stores, stated that
the Garden Cenler was shown on the site plan and construction plans which were, reviewed and approved by lhe
City.
In response to qUt:Stions by the Board, Mr. Palmquist stated Targel StoreS arc quality discount stores and
represent an upgrade from K-Mnrt and Wal.Mnrt.
No persons appeared in support of or in opposition 10 the above request.
Motion was made by Mr. Schwob, und seconded by Mr. Gans, to approw the above request subject to the
following conditions: 1) No temporary buildings, portable buildings, tenls, stands, trailers, vending cnrts or
like buildings or structures shall be ulilized ancillary to the condilional use in accordance with Section,
136.025(22)a; 2) No outdoor storage outside lhe area covered by the condilional use request shall be
permittedj and 3) The requisite certificnte of occupancy for the Gurden Cenler shall be obtained within six (6)
months from the date of this public hearing. Motion carried unanimously (7 to 0).
3, Lot 70, Lloyd-White-Skinner Sub (35 t S. Gutfview Blvd.) Julie F. Tiemt\n (Senfood and Sunsets as
Julie's) CU 91-03
Request - To pennit on premise consumption of beer and wine
Zoned - CR-28 (Resort Commercilll)
Mr. Shuford gave the background of lhe case and submitted, in wnUng, the. staff recommendation. Mr.
Shuford made note of a memornndum from Sid Klein, Chief of Police indicating over the past severnt years
Ihere have been no complaints or probtems at this location. He added lhat a report from Traffic Engineering
slnted that a variance to the parking in this area of Clearwater Reach will add to the critical parking situation.
Discussion ensued regarding what type of wall should be insllllled.
Gl'or~e Grl'Cr, 600 Clcl'cland St., Suite 685, representing the llPpliC:Ull, stated it does not matter what kind
of wall is used as tong lIS it serves the purpose as a b.~rrier to s~parate the. outdoor sealing area from the
sidewalk and the driveway, however, they would like the oplion to design the wall to mutch the motif of the
business. Mr. Greer slated for 3 years their record has heen free of complaints and there has been no nesative
impact on the beach. Mr. Greer added that parking is not a problem, most of Julie's customers arc walkins
customers.
In response to question'i by the llmlrd, Julie Ticrn;m, 479 Et\sl<;hure Dr" llppliCJ.ll\t, stated the house next
door is rented on n month-to-month hasis nnd is used as nn office; !lnd that the sClItinf! docs not come nil the
Wn)' to the drive so that the watt cnn he malic. wider at the entnmce if necessary.
No persons nppe:lred in support of or in opposition to the abo\'~ requ~st.
......
Motion was mad..: hy Mr. Schwob, unu s..:comh:d hy Mr. 1 hlllliholl , to appm\'c the above rCl!u~st subject 10 tbe
P & 2 MINUTES
5
01/08/91
~ " .; /' . ." .' " . ' . ,." >. ~. ..,' ,
following conuitions: I) TIlll requi~il~' IK'.upatillnul JiCf.'IIS~ ~hall hll obtained with :;ix (6) months from th~
oak of this puhlic hCllrin~1i 2) The lanuscapcJ lIrl.'a~ on Ilw north, calit amI south sides of th~ sit~ shIll: be
improved through the installation of adJltjonlll landlicllp~ mah:rial us well u" un irriglllion s)'stem to ensure the
survivahility or uny lundlicaping In"lallcd; the propos~d 11Indscupc plun shllll he upprovcd by the Planning IInd
Development Director IIl1d the Environmental Group MlIl1ugllr; nil required lunuscuping and associated irrigation
shall be instlllh:d within three (3) Illonths of thl.' dalll of this public hc;tring: 3) A 30 inch tull wall shall he /'
instlllkd liS u barrier to scpnrut~ the olltJoor lieating ure;l from the sidewulk IInu lhe dr!vcwa)'; this wall shull be
in.;t.:.lk.1 within t;Hfl.l (3; nmnthr r.1 Ih... d::!e of thi<; Jl\liJhC' hell' illg; 4) T!;e urn]irnnt sl\:111 (.~'tllin th~ rc'tllirl'd
pnrkins vnriunce f~om th~ Development Code Adjustment Board; und 5) Thc upplicant shull obtain th~
rt:t!uin:() alcoholic bevcrage ~el'lIr;llion distance variance from tilt: City Commission. Motion carried
unanimollsly (7 to 0),
D. ANNEXATION, ZONING, LAND USE PLAN Ai\IENDJ\lENT. LAND DEVELOPJ\IENT CODE
TE).J A1\IENDl\IENTt AND LOCAL PLANNING AGENCY REVIEW,
NONE
E. ELECTION OF PLANNING &. ZONING BOARD OFFICERS
Discussion ensued rCBlmIing election procedur~s lInd policies for the Chairman und Vice Chaimmn of this
Doard.
Motion wns mllde by r>.lr. Gans and scconded hy Mr. Mazur 10 elcct II new Chairman Ilnd Vice Chnirmlm each
year. Motion carried unanimously (7 to 0).
Motion was mauc by Mr. 1'.IllZlIr und secontletl hy Mr. Hamilton to e!l:ct 1'.1r. Schwoh Chainnan. Motion
curried unani mously (7 to 0).
Motion Wt~S matle by Mr. Ferrell anJ sl.'con,h:d h)' Mr. Mazur to dcct Mr, Hamilton Vice Chuirmun. Motion
carried ununimously (7 to 0).
F. CIIA1Rl\JAN'S lTEl\IS
Mr. Johnson stated he sincerely enjo)'cu hi.lin,g on the Daaru since 1984 and serving as Chairman nml thnt
working with IInd gelling to know ;Ilt the DO:lrd nwmbcrs IInu staff was n very pleusunt experience.
l~,
G. DIRECTOR'S ITEMS
Mr. Shuford stated thnt he hnd cnjo)'~d working with Mr. Johnson. Chairman. ;lIld 1'.1s. Nixon, Vice Chairman.
H. BOARD AND STAFf COl\li\IENTS
Mr, Schwab staled he felt Mr, Johnson has heen a VIll")' fnir c1wirman and alwuys treatlld e\'cr)'one with lhe
ulmost respect.
Discussion ~nsued rc,g:lrding ~lppl icants coming before Ihis Board for conditiollul use approval lifter already
being opcn for businll5s wilhoul cOllllilional use permits; und transfers of ownerships involving alcoholic
beverage licenses.
Meeting lIdjoumcd 4:55 P,/Il.
\\'I'\~WI1l~9I,I'ZIl
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P &. Z {\11t\UTES
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