10/10/1996 (2)
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DCAB
Development Code Adjustment Board
Minutes
Date
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DEVELOPMENT CODe ADJUSTMENT BOARD.. ACTION AGENDA
Thursday, October 10, 1996
~all to Order, Pledge of Allegiance and Invocation
C. New Variance Requests
1. Lawrence H. Dimmitt. II tor variances of: (1) a setback variance of 17 ft to allow a
swimming pool without a screen enclosure 8 ft from Bruce Ave right-of way where a
minimum setback of 25 ft is required; (2) a height variance of 3.5 tt to allow a 6 ft
high masonry wall within the setback area from the Bay Esplanade right-of-way where
a maximum height of 2.5 ft is allowed; (3) a landscape buffer variance of 3 ft to allow
a zero ft wide landscape buffer strip where a minimum of 3 ft is required; and (4) a
landscape variance of 50 percent to waive the planting requirement of shrubs along 50
percent of the exterior length of a wall at 1015 Bay Esplanade, Carlouel Sub, Blk 273,
lot 6 and part of lot 5 zoned RS 8 (Single Family Residential). VR 96-64
ACTION: Continued to October 24 at the applicant's request.
2. Bavview Baptist Church of Clearwater. Inc. for a setback variance of 22 ft to permit a
building to be located 13 ft from a street right-of-way where a minimum setback of 35
ft is required at 201 Meadow lark lane, 8ayview City Sub, Block 2, Lots 6-8, Block 3,
Lots 1-8, together with abutting vacated Kentucky Avenue and alley in said Block 3.
zoned P/SP (Public/SemiPublic). VR 96-65
. ,.J,,- \ ACTION: Approved subject to the following conditions: 1) These variances are based on
\'.!~(I 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
variance shall take effect when the Certificate of Occupancy, the impact fee is paid, and
the landscaping requirement is met to the satisfaction of City staft; 4) the applicant shall
work with staff to provide landscaping to minimize the temporary appearance of the
facility; and 5) the variance is granted with the understanding this is a temporary building
and the variance will continue for a time period not to exceed, either the life of the
structure, or the use as a temporary structure for church purposes, whichever is shorter.
3. HRE ProDerties (Countryside Square Shopping Center) for variances of: (1) a parking
variance of 27 spaces to allow 952 spaces where 979 spaces are required; and (2)
an open space variance for the Jot of 3 percent to allow 22 percent where a minimum
of 25 percent is required at 25683 US 19 Nand 2555 Countryside Blvd., Countryside
Vii/age Square, Lot 7, less road right-at-way, together with Lots 5 & 8 less SW 46.75
ft for road right-of-way, zoned CC (Commercial Center). VR 96.66
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
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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 re'quisite
building permit(s) shall be obtained within one year from the date of this public hearing.
4. Bellwether ProDerties of Florida (Steak 'n Shake Restaurant) for a setback variance of
40 ft to allow a structure 35 ft from Countryside Blvd right-of-way where a minimum
of 75 ft is required at 2566 Countryside Blvd, Sec 30-28-16, M&B 41.02, zoned CC
(Commercial Center). VR 96-67
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; 2) The requisite building
permit{s) shall be obtained within one year from the date of this public hearing; 3) A
landscape buffer averaging 10 feet in width shall be provided along Countryside Boulevard
in the project araa; and 4) The two striped landscaping areas along Countryside Boulevard
shall be configured for landscaping planter areas, the two interior striped areas shall be
investigated for inclusion as planter areas, and the applicant will work with staff to ensure
the specifications of the City Traffic Engineering Department are met with regard to
whether or not the two interior planters are feasible.
D. land Development Code Amendments
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1. Ordinance 6091-96 of the City of Clearwater, Florida, relating to the land Development
Code; creating Section 42.36, Code of Ordinances, to establish site lighting restrictions for
residential and nonresidential properties; providing an effective date.
ACTION: Continued to November 14, 1996 at staff's request
Minutes Approval - September 26, 1996 - Approved as corrected
Board and Staff Comments -- Introduction and Comments by City Leadership Group
Adjournment -- 2:45 p.m.
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DCAB ACTION
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
October 10, 1996
Present:
Otto Gans
William Schwab
William Johnson
Mark Jonnatti
Ron Stuart
Leslie DougallwSides
John Richter
Gwen Legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
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.
C. New Variance Requests
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C1. Lawrence H. Dimmitt. II requesting: (11 a setback variance of 17 ft to allow a
swimming pool without a screen enclosure 8 ft from Bruce Ave right~of way where a
minimum setback of 25 it is required; (2) a height variance of 3.5 ft to allow 'a 6 ft
high masonry wall within the setback area from the Bay Esplanade right-of-way where
a maximum height of 2.5 ft is allowed; {31 a landscape buffer variance of 3 ft to allow
a zero ft wide landscape buffer strip where a minimum of 3 ft is required; and (4) a
landscape variance of 50 percent to waive the planting requirement of shrubs along 50
percent of the exterior length of a wall at 1015 Bay Esplanade, Carlouel Sub, Blk 273,
Lot 6 and part of Lot 5 zoned RS 8 (Single Family Residential). VR 96-64
In a letter dated October 4, 1996, architect Alex Plisko requested a continuance on
behalf of the applicant. No verbal or written support or opposition was expressed.
Member Schwob moved to continue Item C1, VR 96-64 to October 24, 1996. The
motion was duly seconded and carried unanimously.
C2. Bavview Baotist Church of Clearwater, Inc. for a setback variance of 22 ft to permit a
building to be located 13 ft from a street right-ot-way where a minimum setback of 35
ft is required at 201 Meadow Lark Lane, Bayview City Sub, Block 2, Lots 6-8, Block 3,
Lots 1-8, together with abutting vacated Kentucky Avenue and alley in said Block 3.
zoned P/SP (Public/SemiPublic). VR 96-65
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Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to construct a new building on the irregularly shaped property,
already developed with a church. He detailed existing conditions regarding right-at-way,
setbacks, drainage and landscaping, stating the proposed building will not affect any ot the
existing tree cover. Staff felt conditions support the request and recommended approval
with two standard conditions.
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City Building Official comments stated they did not object to the new building, but
noted the applicant has not paid the traffic impact fee or obtained the required Certificate
of Occupancy for the existing building. In response to a question, Mr. Richter stated the
Central Permitting is addressing the matter and those conditions to not apply to the
variance request. Ms. Dougall-Sides concurred, stating because the matter has not come
before the Municipal Code Enforcement Board, she assumed staff is working with the
property owner.
Walter Campbell, Pastor of Bayview Baptist Church, stated the new structure is
needed for temporary use as Sunday school classrooms and office space. In its proposed
location, the new building will not have to be moved when the main building is expanded in
the future. He indicated this will give them breathing room, and a chance for the church to
grow while becoming more financially stable. His congregation numbers approximately
200. In response to questions, he stated has been working with the City and has received
a time extension regarding the Certificate of Occupancy and impact fee.
Blaine Yoquelet and Lisa Kadlet, area residents, spoke in opposition to the application.
They expressed concerns the existing sheet metal building is not consistent with the area
and creates an eyesore that adversely affects surrounding property values. Concerns were
expressed trees were removed for the first building and required landscaping has not been
completed. Ms. Kadlet questioned the wisdom of allowing a second building before all
requirements are met for the first building. They questioned if sufficient parking exists for
,,-~, 200 people and strongly objected to any further expansion on the subject property. Mr.
f""",.J Yoquelet submitted a letter reiterating some of the above concerns. Mr. Richter responded
parking appears adequate, and will be verified during site plan review.
Rev. Campbell explained the proposed building is a 24 by 60 foot mobile home type
structure set up with offices, a kitchen and bathroom. He clarified it is a temporary
structure that will be removed after completion of future church expansion. He will
improve -the front of the existing building to create a more traditional church appearance.
He hopes to build a steeple, cover the front with stucco brick, build a canopy and repaint
the structure within the next two years, as finances permit. He has been in the current
location only since June, 1996, and has received a time extension for installation of the
required 12 trees and 300 plants. He responded to questions regarding the days and times
of services and planned activities, to help the board get a feel for the type of impact the
church has on the neighborhood.
Discussion ensued regarding, site configuration and conditions in the area. One
member indicated the majority of surrounding property is under County jurisdiction, and a
variety of uses exist, including a trailer park, in proximity to the subject property.
Mr. Richter affirmed the zoning is consistent for the proposed use. One member shared
the concern that sheet metal buildings are not compatible with the surrounding residential
property and questioned whether this is a routine practice in the City. Mr. Richter
responded it is not routine, but code does not preclude sheet metal buildings. He
suggested passing this concern along to the City Commission.
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One member acknowledged the existing structure appears plain, but he did not
consider it unattractive, nor inconsistent with conditions he observed in the surrounding
neighborhood. He hoped the congregation will be happy in their building as they make the
planned improvements. The majority felt the proposal should have a more positive impact
on the neighborhood once the landscaping is completed. One member agreed with the
proposed location, in view of site constraints. Staff was requested to work with the
applicant toward augmenting landscaping around the mobile facility to remediate its
temporary look, and to keep the lines of communication open throughout completion of the
project.
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Member Schwab moved to grant the variance(s) 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; 31 the variance shall take effect when the Certificate of Occupancy, the
impact fee is paid, and the landscaping requirement is met to the satisfaction of City staff;
4} the applicant shall work with staff to provide landscaping to minimize the temporary
appearance of the facility; and 5) the variance is granted with the understanding this is a
temporary building and the variance will continue for a time period not to exceed, either
the life of the structure, or the use as a temporary structure for church purposes,
whichever is shorter. The motion was duly seconded and carried unanimously.
The chair reiterated the appeal process for the benefit of the speakers in opposition.
C3. HRE Properties (Countryside Square Shopping Center) for variances of: (1) a parking
variance of 27 spaces to allow 952 spaces where 979 spaces are required; and (2)
an open space variance for the lot of 3 percent to allow 22 percent where a minimum
of 25 percent is required at 25683 US 19 Nand 2555 Countryside Blvd., Countryside
Village Square, Lot 7, less road rightwof-way, together with Lots 5 & 8 less SW 46.75
ft. for road right-of-way, zoned CC (Commercial Center). VR 96-66
Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to expand three areas of an existing shopping center, a total of
7,000 square feet. He explained the necessary variances, stating staff felt conditions
support the request and recommended approval with two standard conditions. In response
to a question, he said an original plan included some of the outparcels in the parking space
tabulations, but outparcels are not included in the documents before the board today.
Member Jonnatti declared a potential conflict of interest regarding this case.
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Todd Pressman, agent, spoke on behalf of the applicants, pointing out the areas of
propose~ expansion on the site plan. He profiled open space, access easements, and
parking provisions, stating a substantial FOOT rightaof-way taking removed 45 parking
spaces from the development. In response questioning, Mr. Pressman did not know the
proposed uses of the three expanded areas, but indicated the proposal will provide needed
aesthetic improvements.
No verbal or written support or opposition was expressed. Discussion ensued with
Mr. Pressman regarding existing conditions in the development.
Member Johnson moved to grant the var;ance(s) 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: 11 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. Members Gans, Johnson, Schwob, and
Stuart voted "Aye"; Member Jonnatti abstained. Motion carried.
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C4. Bellwether Prooerties of Florida (Steak 'n Shake Restaurant) for a setback variance of
40 ft to allow a structure 35 ft from Countryside Blvd. right-of-way where a minimum
of 75 ft is required at 2566 Countryside Blvd., Sec 30-28-16, M&B 41.02, zoned CC
(Commercial Center). VR 96-67
Mr. Richter presented background information and written staff recommendations. He
stated the applicant wishes to build a 3,600 square foot Steak In Shake restaurant on a
leased outparcel on the south side of Countryside Mall along Countryside Boulevard. The
new construction will be set back further than the existing building, which will be
demolished. He responded to questions regarding setback, perimete'r drive, landscaping,
and open space requirements. Staff felt conditions support the request and recommended
approval with three conditions.
AnneMarie IIBemmie" Eustace, with the development firm representing the applicants,
stated she concurred with the staff report and requested clarification regarding the
required 1 0 foot landscaping buffer required along Countryside Boulevard. She explained
the variance is needed to allow construction of their restaurant without alterations to the
prototype. They are working with mall personnel regarding parking lot improvements. Ms.
Eustace circulated a color photographs of the proposed restaurant
Discussion ensued regarding traffic and drive-through circulation and proposed
landscaping within the confines of the lease lines. Board members suggested additional
landscaping rather than pavement striping in IIno-drive" areas, to soften the impact of the
driveathrough lane on the side facing Countryside Boulevard. It was not known why
Traffic Engineer's review and comments were not included in the board packets.
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Ms. Eustace agreed to examine the turning radii and work with City and mall staff to
see where additional landscaping may be provided, but emphasized the drive aisle widths
and parking lot layout are at the mall's discretion. Board members felt additional
landscaping should be a condition of approval, in order to increase the likelihood it will be
accomplished. It was indicated, if the applicant makes a good faith effort, but is unable to
comply because of mall restrictions, the applicant has the option of requesting
reconsideration of the condition. One member who lives in the neighborhood, stated the
establishment will be a welcome addition. Ms. Eustace estimated construction will be
completed within 90 days after obtaining the necessary approvals.
No verbal or written support or opposition was expressed.
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Member Jonnatti moved to grant the variance(s) 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) A landscape buffer averaging 10 feet in width shall be provided along
Countryside Boulevard in the project area; and 41 The two striped landscaping areas along
Countryside Boulevard shall be configured for landscaping planter areas, the two interior
striped areas shall be investigated for inclusion as planter areas, and the applicant will
work with staff to ensure the specifications of the City Traffic Engineering Department are
met concerning whether the two interior planters are feasible. The motion was duly
seconded and carried unanimously.
D. Land Development Code Amendments
01. Ordinance 6091-96 of the City of Clearwater, Florida, relating to the Land
Development Code; creating Section 42.36, Code of Ordinances, to establish site
lighting restrictions for residential and nonresidential properties; providing an effective
date.
Mr. Richter requested a continuance to November 14, stating staff is in the process of
amending the ordinance as requested by the Planning and Zoning Board. Ms. Dougall-
Sides said she will be working on the revisions.
Minutes Approval - September 26, 1996 - Approved as corrected
The minutes were corrected to reflect that Member Stuart had voted in favor of the
motion on page 2. Member Schwab moved to approve the minutes as corrected. The
motion was duly seconded and carried unanimously.
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Board and Staff Comments ~- Introduction and Comments by City Leadership Group
Mr. Richter recognized members of the City of Clearwater Leadership Group who
observed the meeting as part of the City leadership training program. Individual group
members introduced themselves and Clearwater Police Officer William Farias acted as
spokesperson, profiling how the program provides leadership training to City employees.
Member Gans was pleased Ms. Dougall-Sides has returned and he wished her a quick
recovery from her recent injury.
Adjournment
. The meeting adjourned at 2:45 p.m.
dV~.
. Chair ~
. Development Code Adjustment Board
. Attest:
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