06/13/1996 (2)
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Development Code Adjustment Board
Minutes
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
Thursday, June 13. 1996
Call to Order, Pledge of Allegiance and Invocation
A. Time Extension Request
A 1. Pelican Oil Corporation (Amoco Service Station) for variances of (1) 43 ft to permit a new
canopy supports 132 ft from the center line of the right~of-way of US 19 where 175ft is
required; (2) 2 ft to permit a new canopy supports 33 ft from street rjght~of~way from
which the property is not addressed from where 35 ft is required; and (3) 29% to permit
front yard open space of 21 % where 50% is required at 18698 US 19 North, Sec 19.28.
16, M&B 41.12, zoned CH (Highway Commercial). VR 95-59
ACTION: Approved a six month time extension to November 30. 1996.
B. Continued Variance Requests
B1. (Cant. from 5/9/96) John G. Powell/PPS Interests (Computer City) for variances of
(1) 5 percent to allow 20 percent open space for the lot where 25 percent is required;
(2) 20 percent to allow 30 percent front yard open space where 50 percent is
required; and (3) 6 parking spaces to permit 84 parking spaces where 90 spaces are
required at 25000 US 19 N. Sec. 31-28.16, M&B 44.03. zoned CH (Highway
Commercia/). VR 96-32
~CTIQN: Continued to June 27. 1996 at the request of the applicant
82. (Cont. from 4/25 & 5/23/96J James E. & Jeanne B. Wagner for a separation distance
variance of 11 ft to permit an adult care living facility to be located 1189 ft from an
existing level 1 Group Care where 1200 ft is required at 2345 Nursery Rd. Pineltas
Groves Sub, SW y... a portion of Lot 19. lying in See 19-29-16, zoned RS 6 (Single
Family Residential). VR 96-24
ACTION: Continued to September 12. 1996
C. New Variance Requests
C 1. James K. HiQgins. Trustee of James K. Higgins Familv Trust and Clarence A. Johnson. II
(Amoco Service Station) for variances of (11 3.48 acres to permit a minimum lot area
of 0.52 acres where 4 acres is required; (2) 150 ft to permit a minimum lot width of
150 ft where 300 ft is required; (3) 150 ft to permit a minimum lot depth of 150 ft
where 300 It is required; (4) 57.83 ft to permit a canopy 17.17 ft from Highland
Avenue where 75 ft is required; (5) 4 ft to permit a canopy 71 ft from Greenlea Drive
where 75 ft is required; and (6) 5.33 ft to permit the fascia of a freestanding canopy
4.67 ft from Highland Avenue where 10ft is required at 1 S01 North Highland Avenue,
See 02-29-15. M&B 31.06. zoned CC (Commercial Center). VR 96.42
ACTION: Approved subject to the following conditions: 1 ~ These variances are based on
the variance application and documents submitted by the applicant. including maps. plans.
surveys, and other documents submitted in support of tt1e applicant's variance request.
Deviation from any of the above documents submitted in support of the variance request
regarding the work to be done with regard to the site or any physical structure located on
the site. will result in these variances ~eing null and of no effect; 2) The requisite building
permit(s) shall be obtained within one year from the date of this public hearing; and 3) Sign
permits shall be procured in advance of the placement of any signs on the canopy.
DCAB ACTION
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C2. George L. Mallorv. TRE. (Edgewater Investments/Realty) for variances of (1} 60 ft in height
to allow an antenna a height of 120 ft where 60 ft is allowed; (2) 54.83 ft to allow an
antenna 5.17 ft from the side property line where 60 ft is required (east property line); (3)
51.5 ft to allow an antenna 8.5 ft from the side property line where 60 ft is required (west
property line); (4) 56.33 ft to allow an antenna 3.67 ft from the rear property line where
60 ft is required; (5) 17.67 It to allow an antenna 42.3 ft from a street right-of-way line
where 60 ft is required; (6) 18,482.4 sq ft to permit a minimum lot area of 1.517.6 sq ft
where 20,000 sq ft is required; (7) 67.4 ft to allow a minimum lot width of 32.6 It where
100 ft is required; (8) 49 ft to allow a minimum lot depth of 51 ft where 100 ft is required;
and (9) 3.5 ft to permit a fence height of 6 ft from a street right-of-way where 2.5 ft is
allowed at 1375 South Ft Harrison Avenue. Town of Belleair, Blk 16, a portion of Lot 7,
zoned IL (Limited Industrial). VR 96-44
ACT'ON: Approved subject to the following conditions: 1) These variances are based an
the variance application and documents submitted by the applicant, including maps. plans,
surveys, and other documents submitted in support of the applicant's variance request.
Deviation from any of the above documents submitted in support of the variance request
regarding the work to be done with regard to the site or any physical structure located on
the site, will result in these variances being null and of no effect; 2) The requisite building
permit(s) shall be obtained within one year from the date of this public hearing; 3) The
base of the tower shall be screened from public view with landscaping approved by the
City Environmental Official; and 4} Every reasonable effort shall be made by all parties to
co-locate other telecommunication facilities on this tower.
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D. Land Development Code Amendments
01. Ordinance 6028-96 of the City of Clearwater. Florida, relating to the Land
Development Code. amending Section 45.23, Code of Ordinances to exclude City
owned property from eligibility for minor variance consideration and to exclude any
property from eligibility for minor variance consideration where variances are granted
in excess of specified limits; to allow minor variances for freestanding sign setback up
to five feet; providing an effective date.
ACTION: Recommended approval to the City Commission
Minutes Approval -- May 23, 1996 _. Approved as corrected by staff
Board and Staff Comments -- Discussion
Adjournment -- 4:22 p.m.
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DCAB ACTION
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
June 13, 1996
Present:
Absent:
Otto Gans
William Schwab
William Johnson
Mark Jonnatti
Leslie Dougall-Sides
John Richter
Gwen Legters
Roberle Pratt, resigned
Chair
Vice Chair
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
Board Member
The meeting was called to order by the Chair at 1 :00 p.m. in City Hall, followed by the
Invocation and Plepge of Allegiance. He outlined meeting procedures and the appeal process.
To provide continuity for research, Items are listed in agenda order although not
necessarily discussed in that order.
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A. Time Extension Request
A 1. feJican Oil Corooration (Amoco Service Station) for variances of (1) 43 ft to permit a new
canopy supports 132 ft from the center line of the right-at-way of US 19 where 175 ft is
required; (2) 2 ft to permit a new canopy supports 33 ft from street right-of-way from
which the property is not addressed from where 35 ft is required; and (3) 29% to permit
front yard open space of 21 % where 50% is required at 18698 US '9 North. See 19-28-
16, M&B 41.12, zoned CH (Highway Commercial). VR 95-59
In a letter dated May 13, 1996, the property owner requested a six month time
extension as he is waiting to receive DOT and SWFWMO permits. He will pull the building
permit within the required time frame if the necessary approvals are received in time.
Member Schwab moved to approve a six month time extension to
November 30, 1996. The motion was duly seconded and carried unanimously.
B. Continued Variance Requests
81. (Cont. from 519/96) ~ohn G. Powell/PPS Interests (Computer City} for variances of
(1) 5 percent to allow 20 percent open space for the lot where 25 percent is required;
(2) 20 percent to allow 30 percent front yard open space where 50 percent is
required; and (3) 6 parking spaces to permit 84 parking spaces where 90 spaces are
required at 25000 US 19 N. Sec. 31-28-16. M&B 44.03. zoned CH (Highway
Commercial). VR 96-32
Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to demolish a small shopping center and build a new 18,000
Computer City store. He explained the open space and parking requirements for this
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proposal, stating staff feels a new development should start with a clean slate. No
compelling reasons appear to support the proposed reduction in parking or open space.
Staff recommended denial as the application does not appear to comply with the standards
for approval.
Todd Pressman. representing the applicant, outlined the reasons he felt the variances
should be approved. He explained in detail how properties to the north and south constrain
development of this site, each of the requested variances improves what exists currently,
and City Traffic Engineering and Environmental departments have reviewed and expressed
no opposition. Mr. Pressman explained the store wlll provide state of the art support for
individual retail computer users of big ticket items. Developers have worked with staff to
reduce the area to 18,000 square feet. He did not feel parking would be a problem, based
on experience with their 21,000 square foot Tampa store. which provides 84 parking
spaces. One member verified he has not experienced parking problems when doing
business at the Tampa store.
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Mr. Pressman reported severe site constraints. detailing problems with drainage and
retention from other properties, a court mandated reduction of ingress and egress.
restricted delivery truck access. and location of driveways in relation to US 19. He
circulated and lor distributed copies of the following documents: 1) photographs of the
existing building, parking lot and restricted ingress/egress, 2) the court settlement document
related to the driveway reduction. 3) site data calculations. 4) three site plans detailing non-
historical drainage, parking, traffic circulation and landscaping, 5) a proposed
merchandising/floor plan, and 6) a letter from Ron Phillips, Traffic Engineer with Tampa
Public Works, reporting no parking problems at the Tampa store.
Discussion ensued regarding how the proposal will meet or exceed landscaping
requirements, a comparison of Clearwater and Tampa parking calculations. and the
possibility of h:tcreasing the number of parking spaces by covering the retention area.
Mr. Pressman said the engineers have been very specific that driveways and drain fields
may not be moved and covering retention reduces open space. Board members continued
to express concern the proposal overbuilds the site and urged consideration of further floor
space reduction, or pursuit of a different site.
Four persons from Hillcrest Villas Condominiums spoke in support of the application:
1) Denis Kleinrichert, unit owner and Secretary of the Board of Directors; 2) Celeste Spaldi.
Manager; 3) William Arlia, Vice President of tho condominium association, and 4) Mary
Kleinrichort, resident. They strongly urged approval. detailing the impact they have endured
from different types of businesses in the strip center. especially bars. Problems were
reported with neighborhood devaluation, public safety. rapid business turnover. restaurant
drainage flowing onto condominium property. beer delivery trucks and overflow parking. As
the existing center is largely vacant and deteriorating, they felt the proposed store will be a
vast improvement and a good neighbor.
A letter from Virginia Fogarty, President of the Board of Directors, Hillcrest Villas
Condominium Association, was submitted in support of the application. No verbal or
written opposition was expressed.
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Discussion continued regarding open space, parking, drainage and retention
reconfiguration, the court ordered driveway reduction and conditions In the surrounding
community. In response to questions, Mr. Richter stated most of the properties developed
along US 1 9 since the current code went into effect 11 years ago are likely to meet open
space and setback requirements. Mr. Pressman said the site plan has passed the Development
Review Committee subject to the necessary board and agency approvals. Ms. Dougall-Sides
reviewed a copy of the court settlement related to the driveway reduction, stating it is unlikely
to be modified.
While most members supported a parking variance and felt the proposal to be a good
solution to a long standing problem, concerns were expressed with the requested amount of
" open space reduction. The applicant was urged to explore alternatives to increase open space.
Kevin Scherer, Engineer for the applicant, responded to questions regarding drainage
configuration. He said Florida Power will grant parking easements, but they do not allow
excavation for retention. He has wrestled with retention alternatives for six weeks. He noted
the proposal will pick up stormwater runoff from the Hillcrest Villas Condominiums,
alleviating a flooding condition on that site, which was another reason they support the
request. Mr. Arlia verified this was his understanding.
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Member Johnson moved to continue Item 81 to the meeting of June 27. 1996. to
allow the applicant to work with staff toward reducing the open space variances. The
motion was duly seconded and carried unanimously. Mr. Richter said two weeks is not
enough time to revise the site plan and prepare a written staff report for inclusion in the
board packets. He will work with Mr. Pressman regarding the number of revised site plan
copies needed for distribution at the next meeting.
82. (Cant. from 4/25 & 5/23/96) James E. & Jeanne B. WaQner for a separation distance
variance of 11 ft to permit an adult care living facility to be located 1189 ft from an
existing Level 1 Group Care where 1200 ft is required at 2345 Nursery Rd, Pinellas
Groves Sub, SW 14, a portion of Lot 19. lying in See 19-29-16, zoned RS 6 (Single
Family Residential). VR 96-24
In a letter dated June 12, 1996. applicant Judith Beezhold requested a continuance to
allow time to decide whether she wishes to pursue this request, in light of another pending
ACLF to the east of the Wagner residence.
The board recognized the chain of circumstances had become extremely complicated
and questioned the feelings of those present to speak in opposition.
Deborah Kines, attorney representing the opposition, stated they do not object to a
continuance, but most of her clients are on vacation during the summer months. If the
board approves a continuance, sha requested postponing the hearing until September 12,
to allow time for her clients to return.
Member Johnson moved to Item 82 to September 12, 1996. The motion was duly
seconded and carried unanimously.
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C. New Variance Requests
C 1 . James K. HIQgins. Trustee of James K. Higains Familv Trust and Clarence A. Johnson. II
(Amoco Service Station) for variances of (1) 3.48 acres to permit a minimum lot area
of 0.52 acres where 4 acres is required; (2) 150 ft to permit a minimum lot width of
150 ft where 300 ft is required; (3) 150 ft to permit a minimum lot depth of 150 ft
where 300 ft is required; (4) 57.83 ft to permit a canopy 17.17 ft from Highland
Avenue where 75 ft is required; (5) 4 ft to permit a canopy 71 ft from Greenlea Drive
where 75 ft is required; and (6) 5.33 ft to permit the fascia of a freestanding canopy
4.67 ft from Highland Avenue where 10ft is required at 1801 North Highland Avenue,
Sec 02-29~15. M&B 31.06, zoned CC (Commercial Center). VR 96-42
Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to replace the pump island canopy of an existing service station.
Staff felt conditions support the request and recommended approval with three conditions.
James LaRussa, attorney, and Mr. Hinman, the contractor. presented the request. In
response to a question, Mr. LaRussa said the proposal is concerned with nothing but the
canopy, in accordance with the drawing submitted. He said Amoco has developed a slightly
larger canopy recently to protect customers from the weather. One member noted the
extended canopy provides opportunity for additional signage.
Richard VanPeer, the business owner, said he has been a dealer at this location since
1980. He gave a brief history of his business. stating the canopy is needed if he is to remain
I.'M~') competitive. In response to a question, he said Amoco pays for all improvements. Board
~,,",,~ members complimented the appearance of his establishment.
No verbal or written support or opposition was expressed.
Member Schwab 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, subject to the following conditions: 1) These variances are based on the
variance application and documents submitted by the applicant. including maps, plans.
surveys. and other documents submitted in support of the applicant's variance request.
Deviation from any of the above documents submitted in support of the variance request
regarding the work to be done with regard to the site or any physical structure located on
the site, will result in these variances being null and of no effect; 2) The requisite building
permit(s) shall be obtained within one year from the date of this public hearing; and 3) Sign
permits shall be procured in advance of the placement of any signs on the canopy. The
motion was duly seconded and carried unanimously.
C2. GeorQe L. Mallorv. TRE (Edgewater Investments/Realty) for variances of (1) 60 ft in height
to allow an antenna a height of 1 20 ft where 60 ft is allowed; (2) 54.83 ft to allow an
antenna 5.17 ft from the side property line where 60 ft is required (east property line); (3)
51.5 ft to allow an antenna 8.5 ft from the side property line where 60 ft is required (west
property line); (4) 56.33 ft to allow an antenna 3.67 ft from the rear property line where
60 ft is required; (5) 17.67 ft to allow an antenna 42.3 ft from a street right-of-way line
where 60 ft is required; (6) 18,482.4 SQ ft to permit a minimum lot area of 1.517.6 sq it
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where 20.000 sq ft is required; 01 67.4 ft to allow a minimum lot width of 32.6 ft where
100 ft is required; (8) 49 It to allow a minimum lot depth of 51 ft where 100 ft is required;
and (9) 3.5 ft to permit a fence height of 6 ft from a street right~of.way where 2.5 ft is
allowed at 1375 South Ft Harrison Avenue. Town of Belleair, Blk 16. a portion of Lot 7.
zoned IL (Limited Industrial). VR 96-44
Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to construct a monopole telecommunication tower with an antenna
having an overall height of 120 feet. He noted the site is very small, restricting any opportunity
to comply with setbacks. He said the fence height is needed for security, the tower will
enhance service to the community and will not appreciably affect the appearance of the
neighborhood. He noted no buildings of sufficient height to support the antenna are located
within 1/4 mile of where the need exists. Staff felt conditions support the request and
recommended approval with four conditions.
Ms. Dougall-Sides gave an overview of the power of local government to regulate
placement. construction and modification of personal wireless facilities. She listed restrictions
and requirements in case of denial.
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Mr. Richter responded to questions. stating the City's discouragement of additional towers
does not create a monopoly, because the City strongly encourages co-location of
telecommunication equipment by other companies on the same tower. Ms. Dougall-Sides
pointed out the ramifications of franchising and fees for different types of facilities are under
review by the City Manager and City Commission. She encouraged the board to limit their
consideration to examination of the variance criteria.
George Mallory, the owner/applicant, stated he has explained the proposal to
approximately 25 surrounding property owners within the past three weeks. He submitted
photographs depicting conditions on the subject and surrounding properties, explaining the
visual and financial impacts will be minimal or nonexistent. He compared the one watt of
radiation from the antenna to the five watts generated by household portable telephones. He
said the tower will be approximately four feet in diameter at the base, and designed to
withstand hurricane force winds similar to those experienced during Hurricane Andrew. He
was happy to meet the conditions as proposed by staff.
Stacy Frank, attorney representing AT&T, agreed with Mr. Mallory's presentation. With
the use of visual aids. she explained the system works on a honeycomb type configuration of
"cells" that transfer the signals on a demand basis. Each cell can handle only a certain number
of calls. The proposed antenna must be within about 1/4 mile of existing cells to meet the
current demand in this area. As signal demand increases. she said more cells and more
antennas will be nel;!ded and will be closer together. She explained this offers the advantage of
being able to make the antennas shorter in height. Ms. Frank said they try to place antennas
on tall buildings when any are located within the needed service area, because they are not in
the business of building poles. but providing telecommunication service. While the business is
competitive, she said the industry recognizes the need to cooperate and joint location of
facilities is cornman. Each pole has the capacity to handle three carriers.
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Mr. Mallory indicated 21 of the business owners he contacted signed a letter in
support of the application. He read the form letter and submitted the signed copies for the
record. letters with approximately 25 additional signatures were received in the City Clerk
Department prior to the hearing and brought to the attention of the board. Mr. Richter said
the majority of the signatures appear related to business rather than residential owners. No
verbal support was expressed.
Two persons spoke in opposition to the request. 1) Bob Snibbe, local realtor.
requested postponing approval until his sale of the property across the street is
consummated. In response to a question. he said it has been on the market three or four
years and did not know how much longer it will take to sell. 21 Patrick Sheppard objected
to the height and visual impact of the tower on the beautiful surroundings. and proximity
within 40 feet of heavily traveled Fort Harrison Avenue. He felt it will be detrimental to
the value of a property at 521 0 Street in which he has interest and encouraged the
applicant to find a more industrial location.
Ms. Frank responded to the opposition. stating the tower will be heavily buffered at
ground level to reduce the visual impact. It will replace an unattractive existing utility pole.
She pointed out the zoning and nature of the site are suited to this use. The antenna will
facilitate 911 and local government service. She did not feel granting this request will lead
to a proliferation of towers, because antennas are located primarily on buildings. Mr.
Mallory gave a brief history of the site and its surroundings. stating he felt the tower will
be like a monument beautiful. He said he went over the proposal in detail with respected
neighborhood advocate lois Cormier, who indicated she had no concerns whatsoever. Mrs.
Cormier was in the audience but did not speak to the request.
Board members felt a telecommunication tower was a very efficient use of this
particular property. It was indicated the proposal has the support of the majority of those
in the vicinity.
Member Schwob 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. subject to the following conditions: 1) These variances are based on
the variance application and documents submitted by the applicant. including maps. plans.
surveys, and other documents submitted in support of the applicant's variance request.
Deviation from any of the above documents submitted in support of the variance request
regarding the work to be done with regard to the site or any physical structure located on
the site, will result in these variances being null and of no effect; 2) The requisite building
permit{s) shall be obtained within one year from the date of this public hearing; 3) The
base of the tower shall be screened from public view with landscaping approved by the
City Environmental Official; and 4) Every reasonable effort shall be made by all parties to
co-locate other telecommunication facilities on this tower. The motion was duly seconded
and carried unanimously.
D. land Development Code Amendments
01. Ordinance 6028-96 of the City of Clearwater. Florida, relating to the land
Development Code. amending Section 45.23. Code of Ordinances to exclude City
owned property from eligibility for minor variance consideration and to exclude any
property from eligibility for minor variance consideration where variances are granted
in excess of specified limits; to allow minor variances for freestanding sign setback up
to five feet; providing an effective date.
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Mr. Richter presented background information stating he and Central Permitting
Director Scott Shuford prepared this ordinance at the request of the Development Code
Adjustment Board. Staff recommends endorsement. Brief discussion ensued and the
board thanked Mr. Richter for handling this request so expeditiously.
Member Johnson moved to recommend approval of Ordinance 6028-96 to the City
Commission. The motion was duly seconded and carrIed unanimously.
Minutes Approval -- May 23, 1996
Staff corrected the last sentence in the paragraph at the bottom of page 5, to indicate
the motion to grant variance # 1 (Cowley, VR 96-37) was duly seconded and carried
unanimously.
Member Johnson moved to approve the minutes corre'cted by the Board Reporter. The
motion was duly seconded and carried unanimously.
Board and Staff Comments
Mr. Gans announced a letter of resignation has been received from Member Pratt. He
thanked members for their support during his extended illness, stating he was very glad to
return to board service.
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Adjournment
The meeting adjourned at 4:22 p.m.
Ch~~
Development Code Adjustment Board
Attest:
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B rd Reporter I/.
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