11/30/1995 (2)
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DeAB
Development Code Adjustment Board
Minutes
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
CITY OF CLEARWATER
Thursday, November 30, 1996 - 1 :00 p.m., City Hall
Calt to Order, Pledge of Allegiance and Invocation
Variance Requests
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1. G..itv of Clearwater (Clearwater Airpark) for a variance of 13ft to permit a
structural setback of 22 ft from a street right-at-way where 36 ft is required
to allow airplane hangers at 1000 N Hercules Ave, Replat of Marymont Sub, a
portion of Tract A, zoned PSJP (Public Semi/Public). V 95-57
ACTION: Granted as requested subject to the following conditions: 1) This
variance is 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 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.
2. John & Cathy' Tecco for a variance of 2 ft to permit a fence height of 6 ft
where 4 1t is allowed within the structural setback area from which the
property is not addressed at 3236 San Jose St, DelOra Groves, Lots 36, 37,
38, and part of Lot 36, zoned RS-4 (Single Family Residential). 0 V 95-58
ACTION: Granted as requested subject to the following conditions: 1) This
variance is 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 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.
3. Pelican 011 Corooratlon (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 U.S. 19 where 176 1t is required; (2) 2 1t to permit a new canopy supports
33 ft tram street right-at-way from which the property is not addressed from
where 36 ft is required, and (3) 29% to permit front yard open space of 21 %
where 50% is required at 18698 US 19 N, See 19-28-16, M&B 41.12, zoned
CH (Highway Commercial). V 95-59
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DCAB ACTION
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, , /30/95
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ACTION: Granted as requested 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 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) as part of the plan review and permitting process, City
staff is directed to look for reasonable design options to increase the front
yard open space, including decreasing the width of the driveway access and
increasing the width of landscape buffer strip.
Approval Of Minutes - November 9, 1995 - Approved as submitted
Director's Items ~ Discussion
Board And Staff Comments - Discussion
Adjournment - 2:55 p.m.
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DCAB ACTION
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DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
November 30, 1995
Present:
Alex Pliska
Otto Gans
Joyce Martin
William Johnson
William Schwob
Leslie Dougall-Sides
John Richter
Gwen Lagters
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.
Variance Requests
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1. City of Clearwater (Clearwater Airpark) for a variance of 13 ft to permit a
structural setback of 22 ft from a street'rightwof~way where 35 ft is required to allow
airplane hangers at 1000 N Hercules Ave, Aeplat of Marymont Sub, a portion of Tract
A, zoned PS/P (Public Semi/Public). V 95~57
Mr. Richter gave the background of the case and presented, in writing, staff
recommendations. He stated the applicant proposes to construct two new hangars at the
south end of the airpark in accordance with the master plan approved by the City
Commission in 1989. He explained setback requirements and site conditions. The new
hangars are designed to conform to the available space. in alignment with other existing
hangars. Staff felt the proposal is consistent with continuity of the facility and
recommended approval with two standard conditions.
Glen Bahnick, City Staff Engineer, explained the proposal in relation to site constraints
and the existing hangars. Responding to questions, he said the new hangars will be
enclosed and will accommodate 17 aircraft. He stated many aircraft owners are on the
waiting list for hangar space.
Mr. Bahnick responded to questions regarding cleanup of the ,north end of the
property, formerly used as a City landfill. He said City Environmental and Engineering
groups are actively working with the State to remediate underground contamination. While
he acknowledged buildings cannot be constructed on the area to be cleaned, it was the
City Commission's desire to proceed with construction on the southerly portion while
actively remediating the landfill problem. The north end can still be used for tied owns and
taxiways.
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Concern was expressed the proposal is based on economic gain due to the large
number of potential customers. Mr. 8ahnick reiterated the project simply aims to renovate
the airpark in compliance with the approved master plan. He stressed the new hangars are
an integral part of refurbishment, not expansion. The intent is to modernize and beautify
the facility, making it more attractive to the public and thus better able to be self-
supporting.
Discussion ensued regarding negotiations currently underway for a new contract
agreement with the Fixed 8ase Operator (FBO). Concern was expressed with overgrowth
on the site. Staff was strongly urged to include routine grounds maintenance as the
responsibility of the FBO instead of the City. Mr. 8ahnick said this is already under
negotiation. Ms. Dougall-Sides indicated this is a reasonable and typical term of lease
agreements. Discussion ensued regarding enclosed versus open hangars. One member
felt it was a safety advantage to store aircraft out of the weather.
Three area residents spoke in opposition to the request as follows:
Syd Snair, 40 year resident, spoke on behalf of the Clearview Lake Homeowners
Association. He stated the airpark represents a marginal nuisance and they question
whether it is beneficial to the community. He indicated they are willing to live with the
facility as an airpark, but strongly object to improvements leading to expansion.
, '~'" Tom Christopher expressed concern with noise and accidents, as his home is in the
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'__/ flight path of the low flying aircraft. He felt the purpose of the airpark was for storage and
routine maintenance of craft. He objected to expansion and construction of a longer
runway, expressing concern with attracting larger aircraft and more accidents.
Betty Hunt expressed concern with the noise level and potential for airplane crashes.
She said she did not object to the airplanes as much as the increase in car traffic.
Mr. Bahnick responded to concerns, stressing the proposal is not an expansion. He
indicated the facility has not been upgraded for many years and this plan is a way to work
toward improvements that can be accomplished with available funds. He said a longer
runway is not part of this plan, but has been discussed as a safety consideration for the
distant future. In response to questions, he estimated the number of annual takeoffs and
landings, reported hours of operation are sunup to sundown, and said about 125 airplanes
use the facility.
Discussion ensued regarding landscaping improvements. Mr. Bahnick reported crepe
myrtle trees have been planted all along Hercules Avenue from Grand Avenue to Airport
Drive. While no landscaping code requirements are associated with this request, one
member stressed improved landscaping and maintenance is needed. In response to a
question, Mr. Bahnick said the areas between taxiways are grass. Staff was requested to
pursue additional landscaping improvements and placing responsibility for grounds keeping
with the lessee.
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Board discussion ensued. It was felt the proposal has been studied and approved and
should be supported as being in conformance with the master plan. Enclosed hangars
were felt to benefit safety, improve aesthetics and mitigate any repair noise. As long as
hours of operation and construction standards are upheld, no public detriment was found.
However, concerns were expressed with neighborhood safety, noise, additional traffic and
increasing a non-conformity.
Member Johnson moved to grant the variance as requested because the applicant has
substantially met all of the standards for approval as listed in Section 45.24 of the Land
Development Code, subject to the following conditions: 1} This variance is based on the
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 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. The
motion was duly seconded. Members Gans, Johnson and Schwab voted t'Aye"; Members
Plisko and Martin voted "Nay. If Motion carried.
2. John & Cathy Tecco for a variance of 2 ft to permit a fence height of 6 ft where 4
ft is allowed within the structural setback area from which the property is not
addressed at 3236 San Jose St, Delara Groves, Lots 36, 37, 38, and part of Lot 35,
zoned RS-4 (Single Family Residential), V 95~58
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,,_.' Mr. Richter gave the background of the case and presented, in writing, staff
recommendations. He stated the applicant wishes to reposition a portion of the six foot
tall side yard fence, moving it 13.5 feet closer to the street right of way on the corner 'lot.
Fence height is restricted to four feet in this area. He detailed neighborhood conditions
which support approval of the variance. Staff recommended approval with two standard
conditions. He responded to a question regarding a six foot fence on a property across the
street.
John and Catherine Tecco, the owner/applicants, displayed photographs and drawings
of the neighborhood and the proposal, explaining how it fits into the surroundings. Mrs.
Tecco stated they used copies of aerial maps to draw the scale representation of their
proposal. Mr. Tecco explained how the house is situated, stating more than 30 feet of
side yard will remain between the side fence and the sidewalk. They explained the reason
for extending the fence is to create a protected play yard for their two small children,
away from the busy street and their open swimming pool. Mrs. Tecco said the additional
two feet in height is needed to help buffer the children's bedrooms from noise, road dirt
and exhaust fumes from the large volume of traffic coming in from McMullen Booth Road.
The applicants submitted a petition with seven signatures representing five
neighboring properties in support of the application.
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Member Schwob moved to grant the variance as requested because the applicant has
substantially met aU of the standards for approval as listed in Section 45.24 of the Land
Development Code, subject to the following conditions: 1) This variance is based on the
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 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. The
motion was duly seconded and carried unanimously.
3. Pelican on CorDoration (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 , 9 where 175 ft is required; (2) 2 ft to permit a new canopy supports 33 ft
from street right-at-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 N, Sec 19~28-'6, M&B 41.12, zoned CH (Highway
Commercial). V 95-59
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Mr. Richter gave the background of the case and presented, in writing, staff
recommendations. He stated the applicant wishes to renovate and open for business a
currently unoccupied gas station. The 8){isting building is to be refurbished and the site
redeveloped by reconfiguring driveways, traffic circulation, parking, service islands and a
sheltering canopy. He described at length the conditions associated with each of the
variances. Regarding open space, he particularly noted the plan increases the existing five
percent to twenty-one percent. He reported the City Environmental group endorsed the
plan as an improvement to the site. The City Traffic Engineering department noted
driveway width exceeds requirements and reducing driveway width would increase open
space without any adverse effect on safety or maneuverability. Staff recommended
approval with three conditions.
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Mr. Richter responded to questions concerning canopy overhang and service islands.
In response to questions concerning code requirements, he affirmed that it the variances
are denied, the gas station use could resume as it presently exists, without any
improvements.
Mr. Tim Bauer, of Tampa Bay Engineering, represented Pelican Oil Corporation. He
said the proposal would bring the property up to company standards, rehabilitate the site
and make it safer and more attractive. He referred to an artists rendering of the existing
site, comparing it to a second drawing Illustrating the proposal. He explained the design
modifications at length, stating he worked extensively with Traffic Engineering and
Environmental to ensure conformance with the current code.
Concerns were expressed with the extent of the building renovation and retaining a
driveway behind the building. It was felt to be more beneficial to rebuild the convenience
stofe farther back on the site. Mr. Bauer stated the driveway serves an open bay, or
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tunnel, which was a drive through car wash. They wish to retain the drive, as new owner
may decide to install another car wash. In response to a question, he said an aluminum
building has been removed from the property and will not be replaced.
George Price, Engineering Services Manager for Pelican Oil, further explained their plans for
the facility. He described proposed modifications to create a convenience store and office
area, driveway reconfiguration and projected business volume. He stated it was his
understanding if the existing building was torn down, they would not be allowed to construct
another gas station with a canopy and similar building. It was not known where he received
this information. Mr. Price also noted the proposed improvements will enhance the safety of
the site. In response to a question, Mr. Price explained the difference between service bays
and islands. He said raised islands are no longer being used.
No one was present to speak in support or opposition to the request
Discussion ensued regarding site constraints and the previous business. Concern was
expressed with sacrificing green space to fit in three fueling locations and two driveways. It
was felt two fueling locations and one driveway would be adequate for amount of business
projected. The present location of the building was felt to be overutilization of the site.
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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 docum,ents 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 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) as
part of the plan review and permitting process, City staff is directed to look for reasonable
design options to increase the front yard open space, including decreasing the width of the
driveway access and increasing the width of landscape buffer strip. The motion was duly
seconded. Members Gans, Johnson and Schwab voted "Aye"; Members Pliska and Martin
voted "Nay." Motion carried.
Minutes Approval H November 9, 1995
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
Directorts Items
Mr. Richter was recently requested to investigate the location of the seawall in relation
to the CCCL (Coastal Construction Control Line) along a certain section of Clearwater
Beach. He distributed copies of an aerial photograph with a drawing of the CCCL
superimposed. It was indicated construction of the new house in question across a buried
seawall does not appear to be seaward of the CCCL.
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Mr. Richter responded to another Board request for information regarding a new
fence section constructed on the Adams Mark Caribbean Gulf property. He said a
permit check indicated the original fence was properly built before 1981. Repair of an
existing nonconforming fence is allowed by code.
Board And Staff Comments
Member Gans requested to be notified when the parking garage ordinance opposed
by DCAB is to go before the City Commission.
Member Schwob noted the applicant in today's third item will likely go before the
Planning and Zoning Board with a conditional use request for alcoholic beverages in the
convenience store. If that is the case, he pointed out the landscaping requirements
will be examined again.
Member Pliska questioned a large new sign and refurbished store front at the Pick
Kwik store on North Fort Harrison Avenue and Chestnut Street. He expressed
concerns that an oak tree was chopped down and part of the stormwater detention
area was filled. Staff was requested to investigate if the work was permitted and if
the sign is in compliance with the City's sign code.
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Adjournment
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The meeting adjourned at 2:55 p.m.
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Chair 0/
Development Code Adjustment Soard
Attest:
A'bYhJ,:~ ziu)
S6ard Reporter (/
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