01/12/1995 (2)
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Development Code Adjustment Board
Minutes
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ACTION AGENDA
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, Jnnual'Y 12, 1995 - 1 :00 p.l11.
Commission Chambers, 112 South Osceola Avenue, Clearwater. Florida
Jt.cn~o.
A. APPH.OV AL OF MINUTES:
ActiaJl~Appl'O.l'ed_ the minutes of the December 8, 1994 meeting.
B.
VARIANCE REQUESTS:
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1. (cont from 11110/94) Jel'l'y H. Centel', James H. Center', M:u1ha A. Center, Sharon
Beth Vogel, and Mildred H. Centel', Tl'ustees of' the Mil{h'cd H. Center Rev. Tr., and
Mildred H. Center, Jel'l'Y H. Ccnh~I" James H. Ccntcl", Tt'llstces of the Raymond H.
Centel' Family Trllst/RicJulI'ds building for variances of (1) 15 n to permit a structural
setback of 10 ft from a street (Pierce St) right-of-way where 25 ft is required; (2) 13.8
percent to permit a maximum building coverage of 43.8 percent where a maximum of 30
percent is allowed; ruld (3) 25 percent to permit 5 percent of open space for the lot where
30 perccnt is required to allow new carports at 1253 Pm'l\. St, Hibiscus Gardens, Blk D,
Lots 9, 17, 18, and part of Lot 8, zoned OL (Limited Oftice). V 94~62
Actiuu:_Grallted_s,ubject to the following conditions: I) This variance is based on the application
for a variance and documents submitted by the applicant, including maps, plnns, surveys, and
other documents submitlcd in sllpport of the applicant's request for a variance. Deviation from
any of the abovc documents submitted in support of the request for a variance regarding the work
to be done with regard to the sitc 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) the carports shall be constructed as
indicated on the site plan and limited only to the location and size of seven carports,
2. (cont from 11110/94) Tom Selhol'~1 for a variance of 8.09 n to permit a structure 1.91
ft from a side (west) properly line where 10 n is requircd at 607-611 Palm Bluff' St, Palm
Bluff 1st Atldition, Lots 26, 28, ami 30, zoned CI (lnli\l COlllmcrcial). V 94~64
. tlclion:_GI'llIUeJ subject to the following conditions: I) This variance is based on the application
for a variance and duclImcnts submitted by the applicant, including maps, plans. surveys, and
other documents submitted in sllpport or 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 tu the site or any physical structure locatcd on the site. witl result in this
variance being null and of no effect; 2) the requisite building permil(s) shall be obtained within
three 1110nths from the date of this public hearing; and 3) the progress of this development be
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be closely supervised by the Central Permitting Department to ensure that everything is within
the lctter of the Code.
3. Vnugh & Mm'gnret Hnight (Discollnt Auto Parts) for variances of (I) 8 ft to permit
a side setback of 12.5 ft where 20 ft is required; and (2) 8 percent to permit 42 percent
of open space for the front yard where 50 percent is required to anow a new retail store
at 22991 U.S. 19 N, Sec 08-29-16, M&B 22.04, zoned CH (Highway Commercial). V
95-01
Action: Grallted 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 tocated on the site, will result
in this variance being null and of no effect; and 2) the requishe building permit(s) shall be
obtained within 12 months from the date of this public hearing.
4. Russell & BUl'bara Dilley, J.'. (Personalties, Inc.) for variances of (1) 8 ft to allow
a minimum structural setback from the centerline of the right-of-way of U.S. 19 of 167
ft where 175 ft is required; and (2) 3 additional parking spaces to allow 0 additional
parking spaces where 3 additional parking spaces are required at 20866 U.S. 19 N, See
18-29.16, M&B 14,11, zoned CH (Highway Commercial). V 95-02
\~) Action: Continlled to January 26. 1995.
5. John Zammctti (Light Club 117. Inc.) for a variance of 54 parking spaces to allow 0
parking spaces where 54 parking spaces are required at 315-321 Ft. Harrison Ave, Fort
Harrison, Lots 2 & 3, zoned CG (General Commercial). V 95-03
Action: Grallted 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 locatcd on the site, will result
in this variance being null and of no effect; 2) the requisite building permit shall be obtained
within six months from the dale of this public hearing; 3) the operation of the facility shall be
limited to juveniles use only; 4) the facility shall be opened only two days in a week on Fridays
and Saturdays from 5:00 p.m. to 10:00 p.m.; 5) facility shall be for the operation of a juvenile
youth game center and will be operated in accordance with the conditions as set forth in item
4; and 6) letter from the Salvation Army dated November 18; 1994 granting permission for a
limited number of parking spaces tor employees of this establishment is made part of the record.
6. Lyle G. & Mildl'ed H. Mitchell for variances of (1) 2 ft \0 permit a fence of 6 ft
where a 4 ft maximum height is allowed in a structural sctback from a street (S. Lady
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Mary Dr.) rightwof-way where the property is not addressed from; (2) 3 fL to permit a
fence and wall setback of 0 ft from a street (S. Lady Mary .or.) right-of~way where 3 ft
is required; and (3) 3 ft to provide 0 ft of landscc\pe buffer where 3 ft is required at 1326
Pierce St, Hibiscus Gardens, Blk X, Lot 2 and South half of vacated Park St, zoned RM
20 (Multiple Family Residential). V 95-04
A.ction: (hu"ted request (1) 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; and 2) the requisite building
permit(s) shall be obtained within six months from the date of this public hearing.
Actio,,: Denied requests (2) and (3).
7. City National Bank of Florida, TRE (Mandalay Shores Apartments) for a variance
to allow a 3.5 ft high fence within the rear structural setback area of a waterfront
property where it is prohibited at 880 Mandalay Ave, Mandalay, Blk 21, Tracts
1,IA,2,2A,3,3A,4,4A,S, and SA of unplatted Blk 21, and rip rights, zoned RM 29
(Multiple Family Residential). V 95-05
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Action: Cofltilluef! to January 26, 1995.
8. Alpha Beach Resort, Inc.!Stcphen Ginez (Quality Inn Beach Resort) for variances
of (1) 6 percent to permit a minimum open space for the lot of 19 percent where 25
percent is required; and (2) 25.4 ftlo permit 24 fl of continuous clear space where 49.4
ft is required to allow a new parking structure at 655 S. GlIlf'view Blvd, Bayside Sub.
No.5, Blk C, Lots 8-11, zoned CR 28 (Resort Commercial). V 95w06
Actz"on:, Continued to February 9, 1995.
9. Donald W. Johnson for a variance of 4.5 ft to permit a structural setback of 20.5 ft
from a street (Lotus Path) right-of-way where 25 ft is required to allow a new detached
single family dwelling at 316 Lotus Path, Corrected Map of Harbor Oaks, Lot 133 and
part of Lots 131 & 135, zoned RS 6 (Single Family Residential). V 95-07
Action: Gmulet! subject to the following conditions: 1) This variance is based on the application
for a variance and document~ :;ubmitted 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 cffcct~ and 2) the requisile building permit shall be obtained
within six months from the date of this public hearing.
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10. Cypress Point Holding Corp (Buffalo's Cafe) for a variance of 30 ft to permit a
side setback of 20 ft where 50 ft is required at 25801 U.S. 19 N, Cypress Point Shopping
Center, Lot 1, zoned CC (Commercial Center). V 9SM08
Action: Granted approval for the canopy only over the front door of the restaurant subject to
the following conditions: 1) This variance is based on the application for a variance anQ
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) appropriate transportation impact fees shalt be paid prior
to the issuance of the building permit.
Action: COlltillued the deck portion of the application to January 26, 1995.
D. LAND DEVELOP~lENT CODE AMENDMENTS:
1. Ordinance No. 5713-94 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Sections 44.05, 44.5l, and 44.57, Code of Ordinances,
to regulate neon and other forms of exposed signs or lighting, providing an date.
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Action: Recommend endorsement.
2. Ordinance No 5720-94 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Section 41.053, Code of Ordinances, to reduce the
minimum lot area requirement for manufacturing uses in the lnfill Commercial Zoning
District; creating Section 42.36 Code of Ordinances, to prohibit driveway access for
nonresidential uses across residential zoning districts; providing an effective date.
Actioll: Recommend endorsement.
3. Ordinance No. 5740-95 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Seclion 41. l71, Code of Ordinances, to revise
requirements for temporary commercial parking lot lISCS; providing an effective date.
Action: Recommend endorsemellt.
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MINUTES
DEVELOPMENT CODE ADJUSTMENT BOARD
Thursday, January 12, 1995 - 1 :00 p.m.
Commission Chambers, 112 South Osceola Avenue. Cleurwuter FL
Members present:
Alex Plisko, Chair
Emma C. Whitney, Vice-Chair
Otto Gans
Members absent;
John B. Johnson
Joyce E. Martin
Also present:
Lance Miles, Assistant City Attorney (arrived 1 ;26 p.m.)
John Richter, Senior Planner, Central Permitting Dept.
Sally Demarest, Board Reporter (arrived 1; 16 p.m.)
Gwen Letgers, Staff Assistant II (left 1: 17 p.m.)
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\'If~~;~ The meeting was called to order by the Chair aU :05 p.m. in the Commission Chambers of City Hall.
Ms. Whitney led the Pledge of Allegiance and invocation. Mr. Plisko outlined procedures and
advised anyone adversely affected by any decision of the Development Code Adjustment Board may
file an appeal through the City Clcrk Department within two weeks. He noted Florida law requires
any applicant appealing a decision of this Board to have a record of the proceedings to support the
appeal. Mr. Plisko noted the three members present and said an affirmative vote of three members
is required to grant in favor of the varia~ce and, an applicant muy request a continuance.
In order to provide continuity, the items will be listed in agenda order although not necessarily
discllssed in that order.
The minutes of the December 8. 1994 meeting were approved as submitted.
The following v~.riance requests were considered:
B I. (cant from] 1/10/94) .Jerl')' H. Center, .hlmes H. Center, Murtha A. Center, Sharon
Beth Vogel, and Mildred H. Center, Trustees orthe Mildred H. Center Rev. Tr., and
Mildred H. Center, .Jerry H. Center, .fumes H. Center, Trustees of the Raymond H.
Center Fumily Trust/Richards building for variances of (1) ] 5 ft to permit a structural
setback of 10 n from a street (Pierce St) right-of-way where 25 ft is required; (2) 13.8
percent to permit a maximum building coverage of 43.8 percent where a maximum of 30
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percent is allowed; and (3) 25 perccnlto permit 5 perccnt or open space for the lot whcre 30
pcrcent is required to allow new carports at 1253 l)l\rk St, Hibiscus Gardens~ OIk D, Lots
9. 17~ 18. and part of Lot 8, zoned OL (Limitcd Office). V 94-62
Senior Planner John Richter gave the background oCthe application and presented, in writing, the
stafT recommcndations. He indicated three variances arc requested to construct new freestanding
carports. The application was continued from the last meeting so the carports, now in the middle
of the property, could be relocated. The property is zoned OL and the principal use of is an office
building.
Attorney Carlton Ward, 1253 Park Street, Clearwater, said handicapped parking is located in the
center aisle and the dumpster is on the southwcst side of the building, which precluded locating
carports there.
Based upon the infonnation furnished by the applicant, Ms. Whitney moved to grant the variance
as requested becausc the applicant has substantially met all or the standards {or approval as listed
in Section 45.24 of the Lund Development Code, more specifically, bccause the variance arises from
a condition unique to the property and was not caused by the owner or applicant subject to the
following conditions: I) This variance is based on the application Cor a variance and documents
submitted by thc applicant, including maps. plans, surveys, and othcr documents submitted in
1 ""') support of the applicant's request for a variance. Deviation from any of the above documents
""W</. submitted in support of the request for a variance regarding the work to be done with regard to the
site or any physical structure locatcd on the sitc, will result in this variance bcing null and of no
effect; 2) the requisite building permit(s) shall be obtained within six months from the datc of this
public hearing; and 3) the carports shall be constructed as indicated 011 the site plan and limited only
to the location and size o1'scvcn carports. The motion was duly seconded and c~lrricd unanimously.
82. (cant trom 11/10/94) Tom Sclhorst for a variance 01'8.09 it to permit a structure 1.91
ft from a side (west) property line where lOft is required at 607-611 P~llm Bluff St, Palm
Bluff 1 st Addition, Lots 26, 28, and 30, zoned Cl (In11l1 Commercial). V 94-64
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the applicant is requesting a side setback variance in order to
upgrade an existing nonconforming building by installing a hurricane anchor to bring the structure
to Code. Improvements to existing properties have already begun with building permits and
Certificate orOccupuncy issued by the City for buildings C, D, B, and H as shown on the site plan.
No additional parking is required lor this particular building and usc.
The applicant, Tom Schlhorst, 611 Palm Bluff Street, Clearwater, asked for a continuance bcfore
making his presentation. The Chainnan advised Mr. Sehlhorst to make his presentation and request
continuance allcr discussion of the I30ard if he chose to do so. He presented two documents: 1) the
occupational license for the present business; and (2) evidence that the subject building, 221 x 23',
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"",", has been on the tux rolls since 1992. He cmphasized hc is talking only uboutlot 26 and not the tal
next door.
Therc werc three lctters in support of the application; there wcrc two Icttcrs from the same individual
in opposition. There were no persons to speak in support of or opposition to thc application.
Based upon the information furnished by the applicant and Mr. Shuford, Director of Ccntral
Planning, Mr. Gans moved to grnnt the variance as requcsted because the applicant has or will have
substantially met all of the standards for approval as listed in Section 45.24 of the Land
Development Code, more speciticaHy~ because the variance ariscs from a condition 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 variancc and documents submitted by the applicant,
including maps, plans, surveys, and other documcnts submitted in supp0l1, of the applicant's 'request
for a variance. Deviation from any of the above documents subl11 itted in support of the request for
a variance regarding the work to be done with regard to the site or any physical structure locatcd on
the site, will result in this variance being null and of no effect; 2) the requisite building permit(s)
shall be obtained within three months from thc datc ofthis public hearing; and 3) the progress of this .
development be closely supervised by the Central Permitting Department to ensure that everything
is within the letter of the Code. The motion was duly seconded and curried unanimously.
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Mr. Sehlhorst indicated for the record he was against the decision amI fclt his rights were violated.
He said it was his understanding that staff recommended un eight car parking lot. He was advised
by the Chairman that the variance had been granted, and to address thc matter with Ccntral
Permitting or City Clerk Department. .
83. Vaugh & Mnrgarct Haight (Discount Auto Parts) for variances or (1 ) 8 n to permit a
side setback of 12.5 n where 20 ft is required; and (2) 8 percent to pennit 42 percent of open
space tor the front yard where 50 percent is required to allow a new retail store at 22991 U.S.
19 N, Sec 08-29-16, M&B 22.04, zoned CH (Highway Commercial). V 95-01
Mr. Richter gave the background of the application and presented, in writing, the starr recommen-
dations. I-Ie indicated this is an L-shaped parcel and the proposed building will occupy 6,743 square
feet. The vacant restaurant 011 the site will be demolished and a discount auto parts store constructed
in its place. There are over 60 parking spaces on the prcmise; 40 arc required. Neighboring
apartment buildings are not in close proximity and the front section of thc property is the subject of
a DOT acquisition of 24 reet for road improvements; the applicant has considered this in his plan
for parking.
Todd Pressman. 28870 US Highway 19 North, Clearwater, speaking for the upplicant, statcd the
proposed discount auto site was formcrly ArLimus Restaurant. There exist signincant trees and
green growth between the subject premise and the neighboring apartmcnt buildings. He cxplained
the configuration or the property, the DOT acquisition. addition or grccnspace and subsequent
rearrangement of the pmking area.
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Responding to a question from the Board. Mr. Pressman said he did not meet the Tmffic Engineer
ut the site. but did meet with Mr, Etim Udoh there. The DRC hus reviewed the site amI approved
it.
The placement of the single driveway was questioned; Mr. Pressman said DOT has approvcd the
driveway location. He said to the bcst of his knowledge there has not been a problcm at that point.
It was mentioned the proposed new business would be compatible with the existing service station
on the corner.
There were no persons or documents in support or or opposition to the application.
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Based upon the information fllrnished by the applicant, Mr. Gans moved to grunt the variance as
rcquested because the applicant has substantially met all or the standards Jor approval as listed in
Section 45.24 ofthe Land Developmcnt Code, more specifically, because the variance arises from
a condition unique to the property and was not caused by the owner or applicant subject to the
following conditions: I) This variance is based on the application for a variance and documents
submitted by the applicant, including maps, plans, surveys, and othcr documents submitted in
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support of the applicant's request l()r a variance. Deviation from any of the ubove 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; and 2) the requisite building pcrmit(s) shall be obtained within 12 months from the date of
this public hearing. The motion was duly seconded and carr'ied unanimously.
B4. Russell & Burhura Dilley, .Jr. (Personalties, Inc.) lor variances of (1) 8 n to allow u
minimum structural setback from the centerline of the right-ofNway of U,S. 19 of 167 it
where 175 n is required: and (2) 3 additional parking spaces to allow () additional parking
spaces where 3 additional parking spaces arc required at 20866 U.S. 19 N. Sec 18-29N16,
M&B 14.11, zoned CH (l-lighway Commercial), V 95-02
Mr. Richter gave thc background or the application and presented. in writing, the starr recommen-
dations. He indicated the applicant is requesting approval to replace a deteriorating wood support
wall on the north cast side oCthe existing one story nightclub building. The proposed extension will
add 136 square feet of floor area to the ofJice space, and will be used for storage of records. StafT
indicates the parking variance causes the overall nonconlormity to increase to 33%, a signHicant
reduction, Mr. Richter acknowledged that the parking spuces were unclear 011 the site plan.
The property owner, Russell Dilley, 2870 Phillippe Parkway, Safety Harbor said there was no
intention to intrude on handicapped spaces. The proposed addition will replace the 5 foot planter.
He said the existing onice was formerly a clothes closet and is four feet wide; the additional space
is needed for storage. Mr. Dilley said the Fire Department representative agreed the proposed wall
will help to fireproof the area.
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The business owncr. Grcg Rose, 20866 US Highway 19 North, ClearwDter. said the back properly
owner \vill relocate his fence, providing additional parking; he was informed the Codc requires thut
all parking must be paved.
Mr. Dilley distributed an additional site plan. The Chairman suggested contimmncc and submission
of the site plan to the Trame Engincer to determinc whether it conforms to the City's parking
requirements.
Mr. Gans moved to continue thc request to January 26, 1995. The motion was duly seconded and
carried unanimously.
B5. .John Zammetti (Light Club #7, Inc.) for a variance of 54 parking spaces to allow 0
parking spaces where 54 parking spaces arc required al315~321 Ft. lInrrison Ave, Fort
Harrison, Lots 2 & 3, zoned CG (General Commcrcial). V 95-03
Mr. Richter gave the background of the application and presented, in writing, the staff recommcn-
dations. He indicated the subject vacant building was used as a book storc and is zoned CG. It is
proposed for use as a youth club for neighborhood kids to be opened 011 Friday and Saturday
evenings only, serving children who do not drive. Parking for two staff members would be required,
which the Salvation Army across the street has agreed to provide.
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Kenneth Vogel, 29836 69th Way North, Clearwater, speaking for the applicant, indicated there are
special circumstances concerning this property. He said the property is landlocked from the rear.
He described the business as a youth ministry for non~drivillg youngsters in their early teens as an
alternative to t1lmnging outlt on the streets. Mr. Vogel added all facilities oCthe club are free Cor the
youth.
JolUl Zammctti, 6891 San.Jose Loop, New Port Richey, reiterated the club would be open on Friday
and Saturday only.
There were no persons or documents in support of or opposition to the application.
It was agreed, although the parking variance appeared excessive, the fact that the facility is for non~
driving youth would justify granting a variunce.
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Based upon the information furnished by the applicant, Mr. GUllS moved to grant the variance as
requested because the applicant has substantially met all oCthc standards for approval as listed in
Section 45.24 of tile Land Development Code, more specifically, because the variance arises from
a condition unique to the property and was not caused by the owner or applicant subject to the
following conditions: I) This variance is based on the application t"or a variance and documents,
submitted by \hc applican\. 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
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"-" effect; 2) the requisite building permit shall be obtained within six months from the date of this
public hearing; 3) the operation of the facility shall be limited to juveniles use only; and 4) the
tacility shaH be opened only two days in a week on Fridays and Saturdays from 5:00 p.m. to 10:00
p.m.; 5) facility shall be for the operation of a juvenile youth game center and will be operated in
accordance with the conditions set forth in item 4; the variance will expire upon the termination of
Mr. Zammetti/Light Club #7. Inc. operation of this facility as a youth gamc centcr; and 6) lettcr from
the Salvation Anny dated November 18, 1994 granting permission for a limited number of parking
spaces for employees of this establishment is made part of the record. The motion was duly
seconded and carried unanimously.
B6. Lyle G. & Mildred 1-1. Mitchell for variances of (I) 2 n to permit a fence of6 n where
a 4 ft maximum height is allowed in a structural setback from a street (S. Lady Mary Dr.)
right~of~way where the property is not addressed from; (2) 3 n to permit a fence and wall
setback oro it from a street (S. Lady Mary Dr.) right~of':'way where 3 ft is required; and (3)
3 ft to provide 0 ft of landscape buffer where 3 fl is required at 1326 Pierce St, Hibiscus
Gardens~ Blk X, Lot 2 and South half of vacated Park St, zoned RM 20 (Multiple Family
Residential). V 95-04
<)
Mr. Richter gave the background of the application and presented, in writing, the staff
recommendations. He indicated the subject property is an extraordinarily small10t with a four~unit
apartment building, adding the applicant proposes to remove the existing four foot ehain link fence
and replace it with a six foot high wood fence. The layout would include the fenee coming on to
the cast property line, which is the west right-or-way line, for Lady Mary Drive. Mr. Richter said
statf recommended approval of the height variance, but could not justify the setback or landscape
variances. StalTfcels the fence should be set back three feet from the right-oC-way, with landscaping
on the ri!~ht-of~way side of the fence.
The owner of the property, Pat Wilson, 1326 Pierce Street, Clearwater, said she purchased the
property on December 29, 1994, and described police activity in the area, homeless traffic and
persons sleeping in the yard to justify the additional fcnce height. Ms. Wilson said she intends to
use xcriscape plants from the proposed zero setback fence line to the street for aesthetics and to deter
transients. She complained about debris surrounding an adjacent vacant Morrison1s restaurant.
A question was raised relative to a barking dog; Ms. Wilson said her two dogs will be penned within
a chain link fence inside the wood fcnce.
Based upon the information furnished by the applicant, Mr. Gans moved to grunt variance (1) as
requested because the applicant has substantially met nil of the standards for approval as listed in
Section 45.24 or the Land Development Code, more specifically, because the variance arises from
a condition unique to the properly and was not caused by the owner or applicant subject to the
following conditions: 1) This variance is based on the application for u variance and documents
submitted by the applicant. including maps, plans, surveys, and' other documents submitted in
support of the applicant's request for 11 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
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-.\ site or any physical structure located on the sitc~ will result in this variance being null and of no
effect; und 2) the rcquisite building permit(s) shall be obtained within six months from the date of
this public hearing. The motion was duly scconded and curried unanimously.
Based upon the information furnished by the applicant, Ms. Whitncy moved to deny the variances
(2) and (3) as requested because the applicant hus not substantially met all of the standards for
approval as Iistcd in Section 45.24 ofthc Land Development Code. marc specifically because there
arc not special circumstances related to the particular physical surroundings, shape or topographical
conditions upplicable to the land or buildings, or such circumstances arc not peculiar to such land
or buildings and do not apply generally to the land or buildings in the applicable zoning district. The
motion was duly seconded and carried unanimously.
B7. City National Bank of Florida, TRE (Mandalay Shores Apartments) for a variance to
allow a 3.5 It high fence within the rear structural setback area of a waterfront property
where it is prohibited at 880 Mnndnlay Ave, Mandala)', Blk 21, Tracts
I, I A,2,2A,3,3A,4AA,S, and SA of unplatted Blk 21, and rip rights, zoned RM 29 (Multiple
Family Residential). V 95MOS
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Mr. Richtcr gave the background of the application and presented, in writing, the staff
recommendations. He indicated the subject property is an apartment building zoned RM-28. He
noted City ordinance precluJes fences on any waterfront property within the structural setback area
adjoining the water; however, nonopaque fences located within tcn feet onhc edge of any swimming
pool shall be pemlittcd to a maximum hieght of 42 inches. The request is for n fence 3-1/2 feet high
abutting Lady Mary Drive, for sal:Cty of the pool and to satisJy an insurance obligation.
Representing the applicant, Rene Andreatta, 880 Mandalay Drive, Clearwater, explained the
insurance companyls request and saiety requires installation of a fence around the pool. rnlC coastal
line/property line is along the sea wall. The Chairman noted the absence of authorization by the
property owner for Mr. Andreatta to speak, and the Board agreed it would be necessary to continue
the item.
Ms. Whitney made a motion to continue V-9S-05 until the January 26, 1995 mceting. The motion
was duly seconded and carried unanimously.
B8. Alpha Beach Resort, Inc.lStcphcn Gincz (Quality Inn Beach Resort) for variances of
(l) 6 percent to permit n minimum open space Jor the lot of t 9 percent where 25 perccnt is
required; and (2) 25.4 n to permit 24 ft or continuous clear space where 49.4 ft is required
to allow a new parking structure at 655 S. Gulfview Blvd, Bayside Sub. No.5, B1k C, Lots
8-11, zoned eR 28 (Resort Commercial). V 95.06
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Mr. Ri.chter gave the background or the application and presented, in writing, the staff
recommendations. He indicated the property is on the south end of Cleanvatcr beach and the
construction will be a new one story elcvated parking deck over the cxisting pnrking area, west of
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the motel building. Mr. Richter explained the two variances. He said there urc presently 91 parking
spaces on the site for 91 motel units and a 60-seat restaurant. unu the owner is requesting relief from
resultant parking difficulties. It was notcd structures with a height of over 20 feet ure required to
have a setback equal to 15 leet plus 25% of the height orthe structure above 20 leet; according to
the plan. the structure is proposeu to be set back 16 feet from the rear property line.
The applicant's representative, Mr. Bob Fuks, Contemporury Designs, 1860 Murray Avenue.
Clearwater, said he met with Ci1y staff. and described the design of his addition, saying it will result
in 21 per cent additional open space. He indicated the height of the parking structure win bc 9 feet
six inches to the deck.
Guy Jasmine, 20000 US Highway 19 North, Clearwater, General Manager of the subjcct motel,
disputed the negative impact on the neighboring property. (-Ie noted the present parking garage is
only nine feet six inches high and sixty feet away from Econolodge and mentioned the additional
green space.
Attorney David Foster. 555 4th Street North, 8t Petersburg, attorney for Ted and Maria Leonard,
owners of the adjacent property to the west of the subject property, spoke in opposition to the
application. He cited individually the four conditions for denial noting each one is applicable to this
request. He said the most serious defect in the application is that it will be materially injurious of
the property owned by his clients with less open space and a blocked view.
<.:> Rebutting, Mr. Fuks the application will permit upproximately 50 additional parking spaces, for a
totul 145 parking spaces.
In the ensuing discussion, it was noted the application appeared to meet all standards for denial.
Concern was expressed that the parking plan lor this substantial structure has 110t been reviewed or
approved by the Traffic Engineer and whcther the proposed additional parking met the needs of
citizens. The Chainnan doubted whether the proposal created a negative impact and suggested the
applicant work closely with the City to obtain approvals before rcsubmission to the Board.
Ms. Whitney made a motion 10 continue VM95~()6 until1he February 9, 1995 meeting. The motion
was duly seconded and carried unanimously.
The Board recessed at 3:03 p.m.. reconvening at 3: I 0 p.m.
B9. Donnhl W. .Johnson for a variance of 4.5 n to permit a structural setback 01"20.5 II from
a street (Lotus Path) right-or-way where 25 Ii is requircd to allow a ncw detached single
family dwelling at316 Lotus }lath, Corrected Map of Harbor Oaks, Lot 133 and part of Lots
131 & 135, zoned RS 6 (Single Family Residential). V 95-07
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Mr. Richter gavc the background of the application and presented, in writing, the staff
recommendations. He indicated the subject property is in the Harbor Oaks Subdivision and contains
numerous specimen oak trees. To save the m~ority of the trees. the upplicant proposes to move the
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proposed building 4.5 leet forward on the lot. Mr. Richter reported no other applications [or
variances for this premise.
Representing the applicant. Attorney Tim Johnson. 911 Chestnut Street, Cleurwater described the
premise and pointed out it is not in the historic portion of Harbor Oaks bul a relatively new family
homc. The purpose ol'the variancc is to suve three specimen oak trees. The garage has already becn
shortencd two feel. I-Ie citcd other setback variances in the area. He notcd starrs support of the
request and a neighbor's lettcr in support.
Speaking in opposition, the owner of the adjacent property, Michael McQuigg, 310 Lolus Path,
Clearwater identiiied himself as a Director of the Harbor Oaks Ownds Association. He said he
opposed the application because I) it docs not meet the code of 25 feet; 2) it would present a
problem when parking a middle to large size car in front of the garage; and 3) it would inhibit the
view from his ii'ont porch. He describcd past mectings and attempts to rcach an amicable agreement
with the applicant.
Robert Kern. 321 Lotus Path, Clearwatcr noted a lctter datcd January lO, 1995 from Mr. Salterelli,
President of the Harbor Oaks Association, which Mr. Kern claimed was delivered to the City Clerk.
There was no record of its receipt. Mr. Kern read the letter or opposition from the homeowners
requesting modification of the plan to require a 25 foot setback. An additional letter in opposition
was received from one of the signcrs of the lettcr abovc.
<:} Rebutting, Mr. Jolmson said thc distance between the back of curb and the property line in Harbor
Oaks is very generous, in this case 21-1/2 feet. He said he docs not envision a problem parking in
the driveway as his extended cab pickup truck parks there comfortably. He disagreed that the
proposed building would block the view from the porch of the adjacent premise. Any and all
altcrnatives suggested, such as ltflipping the house,'. would cause all trees in the backyard to be
removed. He said he was surprised by the homeowners' "ambush" as past meetings with them led
him to believe everyone was in accord.
III the ensuing discussion, Mr. Richter providcd setback distance requirements; it was agreed that
a 4-1/2 foot variance requesl was minimal. The owner was credited for past efforts to save the
specimen oak trees.
u
Based upon the infonnation furnished by the applicant, Ms. Whitney moved to grunt 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, becausc the variance arises from
a condition unique to the properly and was not caused by the owner or applicant subject to the
foHowing conditions: moved to grant the request subjcct to the following conditions: 1) This
variance is based on the application lor a variance and documents submitted by the applicant,
including maps, plans, surveys, and other documents submitted in support of the applicantts request
for u variance. Deviation tram any ot'thc above documents submitted in support or the request for
a variance regarding the work to be done with regard to the site or any physical structure locatcd on
the site. will result in this variance being null and of no effect; und 2) the requisite building permit
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shall be obtained within six months rrom the date or this public heuring. The motion was duly
seconded und curried unanimously.
B I O. Cypress .)oint Holding Corp (BufTalo's Cute) 1'01' a variance or 30 1\ to pcrrnit n side
setback of20 Ii where 50 Ii is required at 25801 U.S. 19 N, Cypress Point Shopping Center.
Lot 1, zoned CC (Commercial Center).
Mr. Richter gave the background of the application and presented, in writing, the stafT rcconUl1en-
dntions. He indicated the deck and proposed canopy will extcnd approximatcly 10 feet out from the
existing building, positioned 20 feet from the side property line where 50 feet would ordinarily be
required. He said the required three additional parking spaces arc available.
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The applicant, Cliflard Soechtig, President of CJS Investments, Inc., 2417 Huntington Boulevard,
Safety Harbor identified himsel f as the owner/franchisee of Buffalo's Cafe. He indicated his
architect was present to answer technical questions. He said the front canopy is needed to protect
patrons from inclement weather. The deck is a integral part of the franchise concept and all existing
Bufiitlds restaurants feature decks lor outside dining. Proposed deck seating is eight tables of four
diners each.
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Steve Spencer, Spencer & Jonnatti, Architects, 1661 East Bay Drive, Clearwatcr said the parking
issue was addressed and he was infomled additional parking \Vas not required. I-Ie said a site visit
wiIJ reveal I) the front canopy is standard and no different from the existing shopping center canopy;
2) the covered deck, designed by a Georgia architect, docs not cause a hardship to surrounding
properties. He said a continuance may prove a hardship to the owncr in the opening of his
restaurant.
In the ensuing discussion it was noted the absence of two Board members today may adversely affect
the decision of the Board on the issue of the deck. Mr. Spenccr rcqucsted a continuance on the
mattcr of the deck and the Chairman agreed. indicating this will allow stafr to further investigate thc
number of parking spaces at the site now and the number originally grantcd.
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Based upon the infonnation furnishcd by the applicant, Ms. Whitney moved to grant approval for
the canopy illllx as requested because the applicant has substantially met all of the standards for
approval for the canopy as listed in Scction 45.24 of the Land Dcvelopment Code, more spccifically,
because the variance arises from a condition unique to the propcrty and was not caused by the owner
, or applicant subject to the following conditions: 1) This variance is based 011 the application for a
variance and documents submitted by the applicant, including maps, plans, surveys, and other
documents submitted in support of thc applicant's requcst for a variance. Deviation from any of the
above documents submitted in sllpport 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
nuB and of no effect; 2) the requisite building pennit(s) shnll be obtained within six months from the
date of this public hearing; and 3) appropriate transportation impact fees shall be paid prior to the
issuance orthe building permit; und to continue the deck portion ofthc application to January 26,
1995. The motion was duly seconded and curried unanimously.
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The following Land Development Code Amendmcnts wcre considered:
D 1. Ordinance No. 5713-94 or the City or Clearwater. Florida, relating to the Land
Development Code; amending Sections 44.05, 44.51. and 44.57, Code of Ordinances, to
regulate neon and other torms or exposed signs or lighting, providing an date.
Mr. Richter gave the background of the proposed code amendment and presented, in writing, the
staff recommendations. He indicated the amendment provides thut:: I) neon used to accentuate
architectural features will be allowed without regulation; and 2) neon unrelated to architectural
features would be regulated and measured against sign arcus.
The Board particularly notcd staff recommends deletion oCthe provision on p. I which states, "Also,
any portion of the surface area of a freestanding sign structure that exceeds 50 percent of the
permitted urea of the sign face shall be considered part of the sign area. II
Ms. V/hitney moved to recommend endorsement to the City Commission. The motion was duly
I
seconded and carried unanimously.
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D2. Ordinance No. 5720-94 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Section 41.053, Code of Ordinances, to reduce the minimum
lot area requirement for manufacturing uses in the Infill Commercial Zoning District;
creating Section 42.36 Code of Ordinances, to prohibit driveway access for nonresidential
uses across residential zoning districts; providing an encctive date.
Mr. Richter gave the background orthe proposed code amendment and presented. in writing, the
staff recommendations, saying this amendment will reduce the lot size in the Infill Commercial zone
and provide greater sensitivity to driveway accesses on commercial property opposite residential
properties, unless the property wcre landlocked and there was no other option to placc the drivcway
elsewhere. In such a case, the application would be reviewed by the City's Traffic Engineer and
Central Pem1itting Director.
Mr. Gans moved to recommend endorsement to the City Commission. The motion was duly
seconded and carried unanimously.
D3. Ordinance No. 5740-95 of the City of Clearwater, Florida, relating to the Land
Development Code; amending Section 41.17 I, Code of Ordinances, to revise requirements
for temporary commercial parking Jot uses; providing an effective date.
Mr. Richter gave the background of the proposed code amendment and presented, in writing, the
stafT recommendations, indicating this will allow temporary parking on private property zoned C-28
and Beach Commercial zones.
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TIle Board particular notcd the sentence on p 1 which reuds, lltn no cuse shall parking spaces wholly
or partially owned by the City of Clearwater be used as part of temporary commercial parking lot. It
It was strongly emphasized that the Commission be ad'/iscd of the Board's concurrence with this
stipulation.
Mr. Gans moved to recommend endorsement to the City Commission with the provision that the
Commission be made aware that the Board agrees that in no case shall parking spaces wholly or
partially owned by the City of Clearwater be used as part of the temporary commercial parking lot.
The motion was duly seconded and carried unanimously.
There being no' further business, the meeting adjourned at 4: 10 p.m.
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'Alex Pliska, Chaim1an ?
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