10/13/1994 (2)
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Minutes
Date
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, October 13, 1 994 ~ , :00 p.m.
City Hall, 3rd floor - 112 South Osceola Avenue, Clearwater, Florida
AGENDA ITEM NO.:
B. REQUF.STS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS:
1.
(cont. from 9/8/94) L.M. Loken (ImDerial Sauare Produce Market) for a variance of 12
parking spaces to permit 1 5 parking spaces where 27 parking spaces are required to
allow indoor and outdoor retail sales at 1496 S. Belcher Rd, See 24-29-15, M&B
41.05, zoned CG (General Commercial). V 94-51
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Action: Continued to November 10, 1994 meeting.
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2. (cant. from 8/25/94 & 9/22/94) Valentinos Koumoulidis for variances of (1) 83 ft to
permit a lot width of 67 ft at setback line; (2) 28.75 percent to permit 21.25 percent
of front yard open space where 50 percent is required; (3) 3.5 ft to permit 1.5 ft of
perimeter landscape buffer where 5 ft is required; (4) 20 percent to permit zero percent
of clear space where 20 percent is required; (5) 1.45 ft fa permit an average of 3,55
ft of perime'ter landscape buffer adjoining a street right-of-way where a 5 ft average
is required to allow the expansion and conversion of retail space and one dwelling unit
at 606 Bayway Blvd, Bayside Sub No.5, Blk A, Lot 7, zoned CR 28 (Resort
Commercial). V 94-52
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Action:" Denied.
:~;~:~~~':'"' .'; 3. (cent. from 6/9/94 & 8/25/94) John T. Schultz/McDonald's Restaurant for a variance
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: MDC Associates 81-A L TD/PNC Realtv Holding COrD. for variances of (1) 1.5 ft to
, permit a 3.5 ft landscape buffer 'where 5 ft is required; (2) 3.5 ft to permit a 1.5 ft
landscape buffer where 5ft is required at 2670 &. 2680, Gulf to Bay Blvd, See 17-29-
,', ' ,16, M&B 23.10, zoned CG (General Commercia!). V 94.58
1
10/13/94
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2.
James D. Mllbv for variances of (1) 8.23 ft to permit a structural setback of 16.77 ft
from a street (Island Dr) right-of-way where 25 ft is required; (2) 2.83 percent to
permit 32.17 percent of open space for the lot where 35 percent is required to allow
residential expansion and a circular driveway at 1001 Eldorado Ave, Mandalay Sub,
Blk 68, Lot 1 and part of Lot 2, zoned RS 8 (Single Family Residential), V 94-59
Action: Part 1 M Granted as reauested subject to the following conditions: 1) This variance
is based on the application for a variance and documents submitted by the applicant,
including maps, plans, surveys, and other documents submitted in support of the
applicant's 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} the requisite building permit(s) shall be obtained
within six months from the date of this public hearing; and 3) this house continue to
be a single family residence.
A ctlon: Part 2 . Denied.
D.,
LAND DEVELOPMENT CODE AMENDMENTS:
(cant. from 8/25/94 & 9/22/94) ORDINANCE NO. 5668-94 OF THE CITY OF
CLEARWArER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE;
AMENDING VARIOUS SECTIONS WITHIN CHAPTERS 35.36,40,41, AND 42, CODe
OF ORDINANCES, TO REVISE THE ALCOHOLIC BEVERAGES SALES REGULATIONS.
ESTABLISH NEW DEFINITIONS, CREATE A NEW APPEALS PROCESS, ESTABLISH A
NEW "NIGHTCLUBS, TAVERNS, AND BARS" USE, AND ESTABLISH CONDITIONAL
USE STANDARDS; PROVIDING AN EFFECTIVE DATE.
A'ctlom,Aooroved for recommendation to City Commission with the recommendation that
Section 2(b) be deleted.
CHAIRMAN'S ITEMS
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DIRECTOR'S ITEMS
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BOARD AND STAFF COMMENTS
2
10/13/94
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~~~'(>):'--:';>'.::,":" September 8, 1994 at the applicant's request because of his inability to attend that meeting.
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mi'L' ::: :>', ", ,,'Mr. :Richter explained the site was formerly a gas station, which has been torn down. It is
~;C.", ',designed 'to accommodate a one story indoor retail building with 2.535 sq. ft indoors and
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MINUTES
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, October 13, 1994 - 1 :00 p.m.
Members present:
Alex Pliska, Chair
Otto Gans
Joyce E. Martin
John B. Johnson
Members Absent:
Emma C. Whitney, Vice-Chair
Also present:
John Richter, Senior Planner, Central Permitting Dept.
Sally Demarest, Board Reporter
The, meeting was called to order by the Chair at 1 :00 p.m. in the Commission Chambers of
, . City Hall. Ms. Martin led the Pledge of Allegiance and invocation. Mr. Plisko outlined
proce:duresand advised anyone adversely affected by any decision of the Development Code
Adj!Jstment Board may appeal the decision to an Appeal Hearing Officer within two weeks.
, Be n~ted Florida law requires any applicant appealing a decision of this Board to have a record
,of,t~e'"proceedings to support the appeal.
In ~rder to provide continuity, the items will be listed in agenda order although not necessarily
',' , discussed in that order. '
",The minutes of the September 22, 1994 meeting were inadvertently omitted from meeting
p'ackets. Mr ~ Richter distributed copies of the minutes at the meeting.
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"The foilowtng: are requests for extention, deferred and continued items: '
1
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. B1.- (cant. from 9/8/94) l.M. Loken Umoerlal Sauare Produce Market} for a variance
, of 12 'parking spaces to permit 15 parking spaces where 27 parking spaces are
'. " required ,to allow indoor and outdoor retail sales at 1496 S. Belcher Rd, See 24-29-15,
, M&B'41.05, zoned CG (General Commercial). V 94~51
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1,944 sq. ft. outdoor retail area, for a total of 4,479 sq. ft. Fifteen parking spaces are
provided as indicated on the site plan, representing a 44% reduction. Two handicapped
spaces are required; the site plan shows one. Mr. Richter distributed copies of a cross access
agreement wit~ the shopping center which referenced non-harassment of persons parking in
either area. He said staff preferred a cross parking agreement for the additional 12 additional
spaces and that the agreement run with the land and not be terminable before the expected
life of the proposed use for this property. Mr. Richter indicated staff could not recommend
approval in the present form and a cross parking agreement was required.
Mr. Stephen R. Fowler, Architect, speaking for the applicant. described the premises and
indicated under normal conditions the number of existing parking spaces would be adequate
for indoor sales as described, but the sale of produce in the outdoor sales area requires
additional parking spaces be provided. As it addresses the cross parking easement, Mr.
Fowler indicated this is a potential redevelopment site and if an easement were provided, he
believed the property would be encumbered with an easement which might present a problem
in future development of the site.
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Mr. William J. Kimpton, a practicing Florida attorney who represented Mr. Loken when he
purchased Imperial Square eight years ago, spoke in support of the application, Mr. Kimpton
explained ,the previous (ass of Food Lion as a prospective tenant and problems inherent in
older shopping centers of this type. He indicated the subject shopping center is in a state of
transition and the site will be redeveloped in the future. He speculated that present cross
agreements would result in potential future problems.
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Mr. Elihu Berman, Clearwater attorney, represented Mr. John Tagares. the proposed leasee,
and indicated the tenancy would benefit both the shopping center and the community.
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In the ensuing discussion it was noted the proposed business would require a total of 27
spaces for retail sales and the required additional parking would service the outdoor area under
the covered walkway.
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There were no other documents or persons in support of or in opposition to this application.
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It was suggested that an additional condition be added to indicate an approved variance
in full force and effect only as long as the site is owned by Mr. Loken and leased by Mr.
Tagares, and that the variance not go with the property. Mr. Fowler was questioned as to
whether the tenant could make the substantial outside retail sales area smaller in size; he
offered to consult his client in this regard.
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It was the consensus of the Board the applicant was not in compliance with all requirements
that support the standards of approval. Mr. Johnson moved for a continuance of until the
November" O. 1994 meeting. The motion was duly seconded and carried unanimously (4-Q).
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82. (cant. from 8/25/94 & 9/22/94) Valentinos Koumoulidls for variances of (1) 83 ft
to permit a lot width of 67 ft at setback line; (2) 28.75 percent to permit 21.25
percent of front yard open space where 50 percent is required; (3) 3.5 ft to permit 1.5
ft of perimeter landscape buffer where 5 ft is required; (4) 20 percent to permit zero
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percent of clear space where 20 percent is required; (5) 1.45 ft to permit an average
of 3.55 ft of perimeter landscape buffer adjoining a street right-of~way where a 5 ft
average is required to allow the expansion and conversion of retail space and one
dwelling unit at 606 Bayway Blvd, Bayside Sub No.5, elk A, Lot 7. zoned CR 28
(Resort Commercial). V 94-52
Senior Planner Richter described the property, located at the south end of Clearwater Beach.
He said the item had been continued several times in order to present the various variance
applications as a package, advertised and considered as a whole. He described a two-story.
six-unit motel to be converted to a first floor retail store with second story apartment. On
October 8, 1992 five variances were acted upon. Four variances covering lot width. open
space, landscape buffer, and clear space were approved but lapsed, and permits also lapsed.
Mr. Richter described how the present variance request differs from the former application,
indicating an increase of 300 sq. ft. of retail area and 900 sq. ft. of residential area.
Staff indicated approval of this application because 1) Lot is small for this zone; 2) property
is already developed in a non-conforming manner; 3) substantial work has been done on the
basis of the prior approval. It was noted, however. that the applicant had not proceeded
according to plans submitted.
Mr. Robert e, 'Gregg, Architect. representing the applicant. described former applications,
approvals and work completed. He noted basic changes are in living area and handicapped
bathrooms on the first floor. He indicated flaws in the original plans and said the building
permit ran out while they were trying to get changes approved, adding they were told to both
finish the project and stop in the same week. Replying to a question, Mr. Gregg said at the
present time the property owner was in Greece.
The present condition of the property indicated disrepair of the building and pictures showed
neglect of the lawn. A dumpster is used jointly under an agreement with Mr. Uro.
There were no documents or persons in support of or in opposition to this application.
In the ensuing discussion, it was agreed the applicant had not complied with plans and
specifications submitted and the present application indicated overbuilding of the property and
its current shabby condition was noted. The applicant dId not stay within the footprif)t of the
existing building and has circumvented everything the Board granted them when they first
applied.' It was noted the applicant was originally granted the option to develop the property
within the parameters of the footprint on the site according to plans and specifications
submitted, not to hlcrease the footprint.
, Based upon the information furnished by the applicant, Mr, Gans moved to deny the variance
as requested because the applicant has not substantially met all of the standards for approval
as listed In Sections 45.24 and 45.25 of the Land Development Code, more specifically,
because the granting of the variances will not be in harmony with the general purpose and
intent of the land development code and comprehensive plan and will be materially injurious
to the surrounding properties or otherwise a detriment to the public welfare as expressed in
36.04 and 35.05. The motion was duly seconded and carried unanimously (4-0).
mlndo10a.94
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Chairman Plisko noted any person feeling adversely affected by a decision of the Board has
fourteen days to file an appeal at the City Clerk's office.
B3. (cant. from 6/9/94 & 8/25/94) John T. Schultz/McDonald's Restaurant for a
variance of 3 parking spaces to permit a total of 0 parking spaces where 3 parking
spaces are required at 409 Mandalay Ave, Barbour-Morrow Sub, Blk A. lot 15 and part
of L.ot 35, zoned CB (Beach Commercial). V 94-26
Senior Planner Richter indicated the subject application had been continued several times to
allow the City to act on the pending sidewalk cafe ordinance. City Commission action has
been delayed, and staff recommends continuance of subject application V94~26 to October
27, 1994.
Todd Pressman, speaking for the applicant, said a change in the proposed sidewalk cafe
ordinance will affect this request, and requested continuance.
Ms. Betty Trudeau, representing McDonald's Corporation, replying to a question, indicated
payments for required office area and parking spaces are being maintained and signs are in
place.
In the ensuing discussion, the number of allowable continuances was questioned. Mr,
Pressman said his client filed the application subsequent to the proposed ordinance. It was
specifically noted in the record that McDonald's originally agreed to keep its general area clean
and objection was expressed as to its failure to do so.
Based upon the information furnished by the applicant, Mr. Gans 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, more specifically, because 1) there
are special circumatances related to the particular physical surroundings, shape ro
topographical conditions applicable to the land or buildings, and such circumstances are
, peculiar to such land or buildings and do not apply generally to the land or buildings in the
applicable zoning dis~rict; and 2} the granting of the variance will be in harmony with the
general purpose and intent of the land development code and comprehensive plan and will not
be materially injurious to surrounding properties or otherwise detrimental to the public welfare;
,subject to the condition that McDonald's corporation will be responsible for the policing of the
area surrounding McDonald's on a regular basis for the removal of "litter" as a result of
purchases made at the McDonald's restaurant. The motion was duly seconded and carried
unanimously.
The followIng variance requests were considered:
C1. MOC AssocIates 81 -A L TD/PNC Realtv Holding CorD. for variances of (1) 1.5 ft
to permit a 3.5 ft landscape buffer where 5 1t is required; (2) 3.5 ft to permit a 1.5 ft
landscape buffer where 5 ft is required at 2670 & 2680 Gulf to Bay Blvd, See 1 7 -29-
16, M&B 23.10, zoned CG (General Commercial). V 94-58
Mr. Richter explained the application in detail, indicating the applicant intends to construct
three separate restaurants and a retail building with associated parking and landscaping on
four outparcellots in Park Place. He described the property as heavily wooded, indicating the
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applicant is requesting two variances to reduce the minimum landscape buffer requirements
for each of the two parcels. He indicated the Environmental Management Division has beem
consulted on the site plan. particularly noting the trees.
Mr. Jonathan Gotwald, King Engineering Associates: speaking for the applicants, for Lincoln
Commercial Properties. developer of the outparcels, and PNC Realty Holding Corporation. the
present owner, cited approved site plans and said all other landscape, buffer and parking
requirements have been met in all respects. with the exception of the subject area. He
specified seven trees which Mike Quillen and Environmental Management designated to be
saved which, together with other trees, creates a problem with the required landscape strip.
Mr. Gotwald indicated there would be cross access agreements per plat and utility easements
, for sewer and water. A dumpster will be provided for Parcel A. Parking exceeds City
requirements.
There were no documents or persons in support of or in opposition to this application.
In the ensuing discussion, Mr. 'Gotwald indicated the retail space is still vacant; three
restaurant have leased space. Concern was expressed relative,to possible excessive removal
of trees. It was agreed that the subject site had been a continuing problem and the proposed
applicants had done an admirable job.
Based upon the information furnished by the applicant, Mr. Gans 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) This variance is based on the application for a variance and documents submitted by the
applicant, including maps. plans, surveys, and other documents submitted in support of the
appiicant's 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 nulland of no effect;
2) the requisite building permit{s) shall be obtained within six months from the date of this
public hearing; and 3) the landscape and the statement that this variance will benefit the
City's environmental goals. The motion was duly seconded and upon the vote being taken.
Mr. Gans and Ms. Martin voted "aye"; Mr. Plisko and Mr. Johnson voted "nay". Due to a tie
vote, the application was continued to the November 1 0, 1994 meeting.
C2. James D. Milby for variances of (1) 8.23 ft to permit a structural setback of
16.77 ft from a street (Island Dr) right-of-way where 25 ft is required; (2) 2.83 percent
to permit 32.17 percent of open space for the lot where 35 percent is required to
allow residential expansion and a circular driveway at 1001 Eldorado Ave, Mandalay
Sub, Blk 68. Lot 1 and part of lot 2. zoned RS 8 (Single Family Residential). V 94.59
Mr. Richter explained the application in detail, indicating the applicants are requesting
variances to construct a porch and ten foot circular driveway at their residence at 1001
Eldorado Avenue.
Mr. Ray Osinga, Osinga Construction, representing the applicant. described the open Key
West style porch and said he became aware of the setback problem after the original
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application was filed. Originally multi-family use, he said the property is now a single family
vacation home. The absence of on-street parking creates a need for the circular driveway.
An additional drawing showing the front elevation of the structure was offered and explained,
There were no documents or persons in support of the application.
Mr. Victor Ferger, 975 Mandalay Avenue, Clearwater, spoke in opposition to multi-family
residences in the area and asked for restrictive covenant prohibiting further construction. The
Chairman indicated zoning does prohibit multi-family, but such a condition is difficult to
prove.
Mr. Solom Manikakis, 980 Mandalay Avenue, Clearwater, described at length various phases
of construction relative to the subject property, He strongly objected to multi-family on the
premises and distributed photographs.
A letter in opposition from Mr. Doug Aldeman, 958 Narcissus Avenue, Clearwater, was read
into the record.
In rebuttal, Mr. Osinga indicated the full kitchen above the garage has been removed. and only
one kitchen remains in the house; there is no rental situation at all. He justified the shortage
of green space by citing restricted on-street parking.
,Based upon the information furnished by the applicant, Mr. Gans moved to grant Part 1 of the
variance as requested, more specifically, 8.23 feet setback variance to permit the construction
of a covered front porch, because the applicant has substantially met all of the standards for
approval as listed in Section 45.24 of the Land Development Code, because the variance
arises from a condition which is unique to the property and was not caused by the owner or
applicant subject to the following conditions: 1) This variance is based on the application for
a variance and documents submitted by the applicant, including maps, plans, surveys, and
other,' documents submitted in support of the applicant's request for a variance. Deviation
from any of the above ,documents submitted in support of the request tor 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) the requisite building permit(s) shall be
, obtained within six months from the date of this public hearing; and 3) this house continue
t'o be a single family residence. The motion was duly seconded and carried unanimously (4-0),
'Based upon the information furnished by the applicant, Mr. Johnson moved to deny Part 2
of the Variance ,as' requested because the applicant has not substantially met all of the
standards'for approval as listed in Section 45.24 of the Land Development Code. The motion
was duly, seconded and carried unanimously (4-0).
At his request, Chairman Plisko explained to Mr. Manikakis what had been granted and said
a copy of the minutes of this meeting could be obtained from the City Clerk's office.
The following Land Development Code Amendment-was considered:
(cont. from 8/25/94 & 9/22/94) ORDINANCE NO. 5668-94 OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE;
AMENDING VARIOUS SECTIONS WITHIN CHAPTERS 35,36,40,41, AND 42. CODE
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OF ORDINANCES, TO REVISE THE ALCOHOLIC BEVERAGES SALES REGULATIONS,
ESTABLISH NEW DEFINITIONS, CREATE A NEW APPEALS PROCESS, ESTABLISH A
NEW "NIGHTCLUBS, TAVERNS, AND BARS" USE, AND ESTABLISH CONDITIONAL
USE STANDARDS; PROVIDING AN EFFECTIVE DATE.
Mr. Richter explained the revisions to the ordinance and distributed a table showing a general
description of proposed new alcoholic beverage code requirements. He specifically noted
those sections which permitted and conditional uses of each of the zones. provided standards
for alcoholic beverage sales, and indicated future alcoholic beverage use appeals will go to the
City Commission for review.
Folloiwng a brief discussion, motton by Mr. Gans, duly seconded, approved this item for
recommendation to the City Commission with the recommendation that Section 2 paragraph
b) be deleted. Motion carried unanimously (4-0). It was reiterated the Board feels strongly
alcoholic beverage appeals should go to a Hearing Officer rather than City Commission,
The followIng are Board and Staff comments:
Clarifying a question, Mr. Richter said in this instance the Court likened McDonald's to a retail
use in approving a parking variance. It was the consensus that food had to be served in order
for an establishment be considered an outdoor cafe.
, Adjournment:
BY'motlon, duly seconded, the meeting adj~urned at 3:50pm.
t2J?~
Chairman I
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