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07/11/1996 (2) ~. ,.... ~.., . ~ ,. + ' ", .;~;':::,,: : . ' , \;,;/J{:, ""',,' ,', ?t~'J.~.~: " ..... , . " .' ' , ~ ". 1\, .' ,:~< :, ~ < ~./" ~".:' '. l , , ..'... ' ~.I' i. ' " , . ,'. ' 1 ~".~ " " , " ." , ",'. ,<., ' , " ,~ '":< .' .' ' . . ':', L ~ < . ' , . " . t , . \ .' i/~'.:f;'" .:, . . ~~ii)':' < ,< .'. ....... '. ~?(~;:.:~::.,~"" : >,' .," . ' , ',,' ~:~~'~r~~~1J'11H~";._';'~\.;"'''''''''':,"''~:" ::.:.~;... ' ' .- ,.... '. ~.. ". ,"- ,>>. .'.,.', '.- ~.. '~'p ,'- ~ ..,"~ '.'...'\\,',., 't..,"".':',...,..tl!~ ..'~ '" '.W!W ~I . ' i. , <' , ~- " ' " , .. ~ L (. I' , .' DCAB Development Code Adjustment Board Minutes Date , '. . , 0' f- ~6 / 'I <J . .. . ..' '- " ,. . ". . . ~ .: "', . .- ....... ~ . .' ~ : ":., .' .:" .. '., ,~. ' " , ~ DEVELOPMENT CODe ADJUSTMENT BOARD - ACTION AGENDA Thursday, July 11. 1996 Call to Order, Pledge of Allegiance and Invocation B. Continued Variance Requests 81. tCont. from 6/13/96) John G. Powell/PPS Interests (Computer City) for the following variances: (1) an open space variance for the lot of 5 percent to allow 20 percent where a minimum of 25 percent is required; (2) a front yard open space variance of 20 percent to allow 30 percent where a minimum of 50 percent is required; (3) a parking variance of 6 parking spaces to per!11it 84 parking spaces where 90 spaces are required; and (4) a landscape buffer variance of 2 ft to allow a 3 ft wide landscape buffer strip where a minimum of 5 ft is required at 25000 US 19 N, Sec. 31-28-16, M&B 44.03. zoned CH (Highway Commercial). VR 96-32 ACT'ON~ Continued to the meeting of August 8, 1996 C. New Variance Requests ,.~;;) C1. Helen V. Robinson/Tom M. Sehlhorst for the following variances: (1) a setback variance of 10ft to allow a building zero ft from the rear property line where a minimum setback of 10ft is required; (2) a lot area variance of 2208 sq ft to allow an area of 5292 sq ft where a minimum of 7500 sq ft is required; and (3) a lot depth variance of 58 ft to allow a depth 42 ft where a minimum of 100 ft is required at the S.W. corner of N. Myrtle Ave & Pinellas Trail. J. J. Eldridge Sub, North 71 ft of Slk E, South 20 ft of the North 91ft of Blk E less street on East and the South 35 ft of the North 126 ft less street on East, zoned CI (Infill Commercial). VR 96-48 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 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; and 2) The requisite building permit(s) shall be obtained within one year from the date of this public hearing. C2. Joana Gonzalez (Coral Shell Motel) for the following variances: (1) a lot width variance of 90 ft to allow a width of 60 ft where a minimum of 150 ft is required; (2) an open space variance for the lot of 4.2 percent to allow 20.8 percent where a minimum of 25 percent is required; and (3) a setback variance of 2.5 ft to allow a swimming pool 7.5 ft from the West side property line where a minimum of 10ft is required at 140 Brightwater Dr, Bayside Sub No.2, Lot 48, zoned CR 28 (Resort Commercial). VR 96-49 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 the applicant's variance request. Deviation from any of the above documents submitted in support of the variance request .....,...1 DCAB ACTION 1 07/11/96 .; ~ ,; .' . ~ ' c' ": " >~'".i~~. ::' . .~':!!- i./:.: n ~ . (.':' '. , " 'j' ;. ~. . " \ ' t"', ,'t. <.1. .. . ':, ~, >~,~ . " ~ . . , r .'" ;.~ ..., \ .!~~; >~. . ",' '.\ . ,:......:.'..:..,, " I 1:~~~ I ,'i . " ,i'I' ~ ' .. t:',-:,i.~ ' , ' ," , ~~~.;.r~'~l-\~.,~N;I.::.~,~ -.i~,~.",-:..1;ij'~!.'~.' ~'"..:!: ;~....",r":1 ~;~.'r.: ~,~,{I.; i.~':~, ,~: ~~I '.' ' '., ~. > 1:- .' " e :.. " ~. ,>. . _. ' . ~. II, .,':< '-: ' ;'" ~ : '>" ~ : ./, -.,:<f':~J ."..:":',:' ~ :...'..:;o~"~t~~t~~t., ~, , '. I, , , . j,:' I j I , " , ,} ~ 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; and 2) The requisite building permit(s} shall be obtained within one year from the date of this public hearing. Minutes Approval -- June 27, 1996 .- Approved as submitted Board and Staff Comments -- Discussion 'J, Adjournment u 2:30 p.m. .. " ~ I, . .' " , " ,', " .' ;~: !.; " 'j,,' '.- , - " ",'(), , ,.> '. 'J , ' u DCAB ACTION 2 07/11/96 , , , , I . ~ "" , .. . . , ' . '. ,...' ,.~. . . .. . ~ . . . ,~ '. ~~:::~:~/;~. ~~ ~ DEVELOPMENT CODe ADJUSTMENT BOARD CITY OF CLEARWATER July 11, 1996 Present: Otto Gans William Schwob William Johnson Mark Jonnatti Leslie Dougall-Sides Sandy Glatthorn Gwen Legters Chair Vice Chair Board Member Board Member Assistant City Attorney Central Permitting Manager Board Reporter Absent: 5th Seat Vacant Board Member The meeting was called to order by the Chair at 1 :00 p.m. in City Hall, followed by the , Invocation and Pledge 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. B. Continued Variance Requests I::) 81. (Cant. from 6/13/96) John G. Powell'PPS Interests (Computer City) for the following variances: (1) an open space variance for the lot of 5 percent to allow 20 percent where a minimum of 25 percent is required; (2) a front yard open space variance of 20 percent to allow 30 percent where a minimum of 50 percent is required; (3) a parking variance of 6 parking spaces to permit 84 parking spaces where 90 spaces are required; and (4) a landscape buffer variance of 2 ft to allow a 3 ft wide landscape buffer strip where a minimum of 5 ft is required at 25000 US 19 N, Sec. 31-28-16, M&B 44.03, zoned CH (Highway Commercial). VR 96-32 Ms. Glatthorn presented written background information, stating the application was continued to allow time for the applicant to address board concerns regarding the extent of the open space variances. The applicant was requested to explore options for increasing open space. It was indicated lot open space and front yard open space were increased by two and nine percent, respectively, by reducing the width of the rear landscape buffer from five to three feet. Staff felt conditions support the reQuest and recommended approval with three conditions. Todd Pressman, representing the applicant, stated the changes to the site plan bring the proposal in compliance with staff concerns. Questions were raised and discussion ensued regarding parking lot and building access, and whether adequate parking exists for the adjacent building to the north. The applicant was requested to work with staff to ensure the plans meet code. \~ mdc07a.96 1 07/11/96 '. ..... r . .' L ~ I, _ .' ' r~ Mr. Pressman noted seven residents of the adjacent Hillcrest Villas were present to speak in support of the application. Denis Kleinrichert, secretary of the Hillcrest Condominium Association, responded to board questions that he did not object to the proposed reduction in landscape buffer and felt the proposal will be a great improvement. No one was present to speak in opposition to the request. One unsigned letter in opposition expressed concern the proposal will cause traffic problems for the villas. Concerns were expressed the building is too big for the site, the request violates open space requirements and is financially driven. The board was cautious regarding a request that could cause difficulty when US 19 is widened in the future. Discussion ensued regarding site constraints and the possibility of reducing the building size. The applicants were urged to consider acquiring additional land, such as the former Discount Auto Parts property to the north, to accommodate their proposal. Mr. Mooney, devel~per, said the Discount Auto Parts parcel was under contract, but it was not economically foasible for this project. He said completion of the Computer City store will enhance the subject property and the parcel to the north, which will in turn, attract a suitable tenant. He referred to his experience bringing clean, appropriate uses to non~conforming properties at other locations. While it is sometimes difficult to match a business with a site, he had no doubt this is the right use for the subject property. Mr. Pressman emphasized the fact the applicants have worked with staff and surrounding property owners to explore many different options. All found this plan to be acceptable. C~~) One board member indicated strong support of the request as a vast improvement over what exists. The mostly vacant strip shopping center has been, and is likely to continue being a nuisance for the neighbors if it remains. It was felt the proposal is an appropriate use along a highway where no dearth of open space exists. The store will have reasonable hours of operation and delivery, and will enhance rath~r than injure surrounding property. It was indicated the approval standard states a variance may not be granted exclusively for material gain. While all agreed this request is not exclusively material, strong concern was reiterated the building is too large for the site and no special circumstances exists on which to base approval. 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 tne work to be done with regard to the sits 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) The open space for the lot shall be 22% of the lot area and the open space for the front yard shall be 39% of the front yard area. The motion was duly seconded. Discussion continued regarding board concerns the proposal appears to be an ideal use for the property, but the building size violates open space requirements. The board did not -..J mdc07a.96 2 07/11/96 . . I, . . ~ . . , . . . . c ' " , '" f~ . \ . ,..... " .,,; -. oppose the parking and landscaping variances. As approval of the open space variances did not appear likely, the applicants were asked if they wished to request a continuance to give serious consideration to reducing the building size to meet open space requirements. Mr. Pressman affirmed the applicants wish to continue the request to address issues being raised for the first time today. It was indicated Member Schwob will not attend the next meeting, leaving a three member board. Mr. Pressman requested a continuance to the first meeting in August. Regarding the motion on the floor, the second was lifted and the motion withdrawn. Member Schwob moved to continue Item VR 96-32 to the meeting of August 8, 1996. The motion was duly seconded and carried unanimously. C. New Variance Requests C1. Helen V. Robinson/Tom M. Sehlhorst for the following variances: (1) a setback variance of 10ft to allow a building zero ft from the rear property line where a minimum setback of 10ft is required; (2) a lot area variance of 2208 sq ft to allow an area of 5292 sq ft where a minimum of 7500 sq ft is required; and (3) a lot depth variance of 58 ft to allow a depth 42 ft where a minimum of 100 ft is required at the SW corner of N. Myrtle Ave & Pinellas Trail, J. J. Eldridge Sub, North 71 ft of elk E, South 20 ft of the North 91 ft of Slk E less street on East and the South 35 ft of the North 126 ft tass street on East, zoned CI (lnfm Commercial). VR 96-48 .1!tUr......... \"".) Ms. Glatthorn presented written background information, stating the applicant wishes to develop the subject property with a 1,608 square foot commercial building. Discussion ensued regarding how CI (Infill Commercial) district provisions differ from other zoning districts by promoting redevelopment of existing commerciat and mixed use areas. Staff felt conditions support the request and recommended approval with two conditions. Tom Sehlhorst, the applicant. pointed out the majority of properties in the CI district need variances to meet the current code. He complained regarding the length of time the board has been short one member. The chair offered to continue this item until the Commission appoints a member to fill the vacancy. Mr. Sehlhorst chose to proceed. Mr. Sehlhorst circulated a packet of drawings and documents related to his property and the application. He discussed a number of design alternatives explored, stating staff favored the design before the board today. In response to questions, he said the building will be used for a business service, such as an electrician requiring only two parking spaces. He did not foresee any tie with the Pinellas Trail because the site cannot support the required parking. Discussion ensued regarding building configuration alternatives. No verbal or written support or opposition was expressed. In response to a question, Ms. Dougall-Sides said the Design Review Board has not adopted final design guidelines for this area. Design review may be required if construction does not occur before the guidelines are implemented \ ' -..-I mdc07a.96 3 07/11/96 i' . . . ' f .. ~,' . " '..... ' . ~ Y' .~ Member Johnson 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; and 2} The requisite building permit(s) shall be obtained within one year from the date of this public hearing. The motion was duly seconded and carried unanimously. C2. Joana Gonzalez (Coral Shell Motel) for the following variances: (1) a lot width variance of 90 ft to allow a width of 60 ft where a minimum of 150 ft is required; (2) an open space variance for the lot of 4'.2 percent to allow 20.8 percent where a minimum of 25 percent is required; and (3) a setback variance of 2.5 ft to allow a swimming pool 7.5 ft from the West side property line where a minimum of 10ft is required at 140 Brightwater Or. Bayside Sub No.2, Lot 48, zoned CR 28 (Resort Commercial). VR 96-49 Ms. Glatthorn presented written background information, stating the applicant wishes to construct a swimming pool for her existing motel. Staff felt conditions support the request and recommended approval with two standard conditions. C) David Schmidt and Ms. Gonzalez presented the application. They responded to questions regarding the site and tree placement. It was indicated the pool will not be fenced. No verbal or written support or opposition was expressed. 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; and 2) The requisite building permit(s) shall be obtained within one year from the date of this public hearing. The motion was duly seconded and carried unanimously. Minutes Approval -. June 27, 1 996 Member Johnson moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously. Board and Staff Comments Member Gans commended Ms. Legters for her ability to summarize complicated discussion in the minutes. i,..J mdc07a.96 4 07/11/96 , I' \, <, " , I " '\, . > ! ~~I~JJ!i:')::.~,::,,'-":~',:,:,,:;..""'~ ""::,""<:,'-:,; :::-i~,'" ",' ,', . ' . ' c" ~ , ; > . ~. , '.' '''~IT~.~ ~ The board was pleased to have Ms. Glatthorn present at today's meeting. Ms. Glatthorn will investigate the Design Review Board's anticipated schedule for preparation of design guidelines for the Clearwater beach and North Greenwood districts. Mr. Gans requested staff to relay to the City Commission the board's strong desire for prompt appointment of a member to fill the vacant seat. Members reiterated their feeling from the previous meeting, the most important qualifications are an interest in the good of the local community and willingness to spend time learning about the Code. The board did not feel the City will be able to find a large number of volunteers who meet the current criteria. Adjournment . , The meeting adjourned at 2:30 p.m. ~~ ~ ' '-::? L./ : -- , 'I.' ~ I'i ~-t.(). Chair '-....../ Development Code Adjustment Board \, I Attest: o ~ H~fr:- Bo rd Reporter u mdc07a.96 5 07/11/96