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PLANNING & ZONING BOARD MEETING -- ACTION AGENDA
Tuesday, October 7, 1997
Call To Order, Invocation, Pledge Of Allegiance
Minutes Approval - September 16, 1 997 - Approved as amended
C. Conditional Uses
C1. Mitchell I. Singer/Russell Remick/VVZ. Inc. (bw-3 Grill & Pub) to permit nightclubs,
taverns, and bars (new license) at 2284 Gulf to Bay Blvd., See 18-29-16, M&B 23.18
zoned CG (General Commercial). CU 97.53
ACTION: Approved subject to the following conditions: 1) The applicant shall obtain
the requested 2-COP alcoholic beverage within six months of the date of this public
,hearing; 2) The applicant shall obtain the requisite occupational license within six months
of the date of this public hearing; and 3) The sale of beer and wine shall be limited to on
premises consumption only, with no package sales.
C2. William & HODe Georailas (Bob & Eddie's Diner) to permit noncommercial parking at
1849 Gulf to Bav Blvd., Sec 13-29-15, M&B 32.02, zoned RM 8 (Residential Single
Family). CU 97-54
ACTION: Continued to October 21, 1997
C3. Jomil 5alhab/Avman A. Elahazal IWanna Save Wise) to permit package sales of beer
and wine (change of business ownership) at 1495 S. Greenwood Ave., Harvey Park,
Blk A, Lots 8-12, zoned CG (General Commercial). CU 97-55
ACTION: Approved subject to the following conditions: 1) The applicant shall transfer
ownership of the State of Florida alcoholic beverage license within 90 days of the date of
this public hearing; 2) The requisite occupational license shall be obtained within 90 days of
this public hearing; and 3) Alcoholic beverage sales are limited to the following hours: 8:00
a.m. to 11 :00 p.m., Monday through Saturday; and 1 :00 p.m. to 11 :00 p.m. on Sundays.
C4. Gail Patricia Ahamed/Hashim Sullaiman (Discount Deli and Meat Market) to permit
package sales of beer and wine (change of business ownership) at 1504 N. Garden
Ave., E.A. Marshall's Sub, part of Lots 5-8 and part vacated alley on the West, and
Lesley's Sub; part of lot 3, zoned CI (ln1i11 Commercial). CU 97-57
ACTION: Approved subject to the following conditions: 1) The applicant shall transfer
ownership of the State of Florida alcoholic beverage license within 90 days of the date of
this public hearing; 2) The requisite occupational license shall be obtained within 90 days of
this public hearing; and 3) Alcoholic beverage sales are limited to the following hours: 8:00
a.m. to midnight, Monday through Saturday; and 1 :00 p.m. to midnight on Sundays; and
4) The applicant shall maintain the parking lot in a litter-free condition, inclUding the area
around the dumpster.
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C5. Davton Hudson CorD oration (Target Stores) to permit outdoor retail sales, displays,
and/or storage at 21750 U.S. 19, The Clearwater Collection 2nd Replat, Lot 4, zoned
CPD (Commercial Planned Development). CU 97-58
ACTION: Approved subject to the following conditions: 1) A minimum handicapped
access width of five feet shall be provided on the s.idewalk outside the display area at all
times; the clear and continuous five foot width shall be designated by a white painted line;
and 2) The applicant shall pay the transportation impact fee, as applicable, prior to
commencement of the display.
C6. Amoco Oil Corooration/Ashraf Zald (Gulf to Bay Amoco) to permit package sales of
beer and wine {new license) at 2198 Gulf to Bay Blvd., Sec 13-29-15, M&B 14.06,
zoned CG (General Commercial). CU 97-59
ACTION: Continued to October 21, 1997
,C7. Sharlvnn ProDerties (K.P. Nascar, Inc.) to permit vehicle sales at 1559 Gulf to Bay
Blvd., Boulevard Pines, Blk B, Lots 1 & 2, zoned CG (General Commercial). CU 97-60
ACTION: Continued to October 21, 1997
D. Annexation, Zoning, land Use Plan Amendment, Land Development Code Text
Amendment, and local Planning Agency Review
c,
01. 2301 Campbell Road, Sec. 06-29-16, M&B's 34.01 & 34.011 (Judith N. Coachman.
Paul A. 8t Carolyn L. Young) A 97-10
ZONE: AS 1 ISingle Family Residential)
ACTION: Tabled
, 02. 1487 Otten Street, Terra Alto Estates, Lot 2 (Brenda M. Evans) A 97-11
ZONE: RS 8 (Single Family Residential)
ACTION: Endorsed to the City Commission.
Boord and Staff Comments - Discussion
Procosed Clearwater Causeway Bridae - Mashid Arasteh, Acting Chief Engineer
Central Permittina Department Updates - Scott Shuford, Director
Adjournment -- 5: 14 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
October 7, 1997
Present:
Edward Mazur
Brenda Harris Nixon
Robert D. Bickerstaffe
Frank Kunnen
Douglas Hilkert
Leslie Dougall-Sides
Sandy Glatthorn
Steve Doherty
Gwen Legters
Gerald Figurski
Gene Crossley (resigned)
Chair
Vice Chair
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Zoning Section Supervisor
Board R~porter
Board Member
Board Member
Absent:
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The meeting was called to order at 2:00 p.m. in City Hall, followed by the Invocation,
Pledge of Allegiance, meeting procedures and the appeal process.
To provide continuity for research, items are listed In agenda order although not
necessarily discussed in that order.
Minutes Approval - September 16, 1997
Member Nixon added language to page 1, clarifying that Item B1. A 97-08, was
continued at the applicant's request. The Board Reporter corrected page 6 to indicate
Member Figurski will not attend the first meeting in October. The minutes were
unanimously approved as amended.
C. Conditional Uses
Conditional use applicants were advised an affirmative vote of four members is
required for conditional use approval, and were given the opportunity to request a
continuance.
C1. Mitchell I. Sinaer/Russen Remick/YYZ.. Inc. (bw~3 Grill & Pub) to permit nightclubs,
taverns, and bars (new license) at 2284 Gulf to Bay Blvd., See 18~29-16, M&B 23.18
zoned CG (Goneral Commercial). CU 97~53
u
Mr. Doherty presented background information and written staff recommendations,
stating the appiicants propose to change their alcoholic beverage license designation
because of recent difficulty meeting the State's 51 percent food and non-alcoholic
beverage safes requirement. No changes are proposed to the business operation; the
applicants are merely seeking relief from the minimum non-alcoholic beverage sales
requirement. The Development Code Adjustment Board approved a parking variance
conditioned upon the applicant obtaining change of license designation approval. The site
is adequately landscaped and buffered from adjacent residential property. Staff felt the
request appears to comply with standards of approvel, and recommended approval with
three conditions.
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Angelina Grimes, attorney representing the applicant, agreed with staff's report. The
goal is to improve food sales to about 70 percent of total revenues. She reiterated the
current grill and pub operation will not change. She submitted a copy of the restaurant's
full menu for the record.
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item Cl, CU 9753, subject to the following
conditions: 1) The applicant shall obtain the requested 2-COP alcoholic beverage within
six months of the date of this. public hearing; 2) The applicant shall obtain the requisite
occupational license within six months of the date of this public hearing; and 3) The sale of
beer and wine shaH be limited to on premises consumption only, with no package sales.
The motion was duly seconded and carried unanimously.
C2. William & HODe Georgilas (Bob & Eddie's Diner) to permit noncommercial parking at
1849 Gulf to Bay Blvd., Sec 13-29-15, M&B 32.02, zoned RM 8 (Residential Single
Family). CU 97-54
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Mr. Doherty presented background information and written staff recommendations,
stating the applicant proposes a temporary non-commercial grass parking lot adjacent to an
existing restaurant. Staff felt the request appears to comply with the standards of
approval, providing the parking lot is surrounded by a masonry wall set back 24 feet from
the property line, and a 24-foot wide landscaping strip is installed outside the wall to
buffer the adjacent residential properties from parking lot noise and activities.
Reconfiguration of the parking design to accomplish staff's recommendations would
reduce the number of parking spaces the lot could contain. Discussion ensued regarding
whether staff's recommendation was according to code.
Robert Gregg, architect representing the applicant, said he worked at length with City
Engineering staff to create a parking lot design compatible with site features and
surroundings. He stated he was not aware of staff's setback and landscaping suggestions
until today, and objected strongly. He expressed concern with the associated loss of
parking spaces: ' He said the property owner was surprised and was not interested in
pursuing the project with the recommended conditions. Mr. Gregg requested the board to
defer voting on this item until the issue can be discussed with staff and a full board is
present.
Lengthy discussion ensued regarding staff and applicant rationale, site and surrounding
conditions, code requirements for non-commercial parking lots, and effects on the proposal
of reconfiguration to meet the suggested conditions. One member expressed objection to
recommending conditions of approval not supported by Code.
No verbal or written support or opposition was expressed.
Member Hilkert moved to continue Item C2, CU 97-54, to the meeting of October 21,
instructing staff to replace the fourth bullet under condition # 1 with language in
Section 41.053(20)(d), Clearwater Code of Ordinances, regarding opaque fences and walls
adjoining property lines adjacent to' residential properties. He wanted the applicants and
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staff to be aware the suggested condition is not required by code. The motion was duly
'~ soconded.
Ms. Glatthorn stated landscaping code sections are more restrictive and would
supersede the section quoted by Mr. Hi/kart. Staff was requested to research and
recommend fencing and landscaping more similar to what was required for the Morton
Plant Hospital parking lot.
Mr. Hilkert amended his motion to "suggest" that staff replace the suggested condition
with code language as indicated above. The seconder concurred. Upon the vote being
taken, the motJon carried unanimously. "
C3. Jamil Salhab/Avman A. Elahazal (Wanna Save Wise) to permit package sales of beer
and wine (change of business ownership) at 1495 S. Greenwood Ave., Harvey Park,
Blk A, Lots 8-12, zoned CG (General Commercial). CU 97-55
Mr. Doherty presented background information and written staff recommendations.
Staff felt the request appears to comply with the standards of approval, and recommended
approval with three conditions.
Bages Elghassal, representing the applicant, agreed with staff's report.
(,
No verbal or written support or opposition was expressed. One person stated the
business has proven to be a good neighbor. He stated the new owner has agreed to a
name change at the request of the forme"r owner, and asked to have the new name
entered into the record. Mr. EIghassal responded his application for the fictitious name,
"Stop & Shop" is in process and should be completed within two weeks.
Member Kunnen moved to approve Item C3, CU 97-55, subject to the following
conditions: 1) The applicant shall transfer ownership of the State of Florida alcoholic
beverage license within 90 days of the date of this public hearing; 2) The requisite
occupational license shall be obtained within 90 days of this public hearing; and
3) Alcoholic beverage sales are limited to the following hours: 8:00 a.m. to 11 :00 p.m.,
Monday through Saturday; and 1 :00 p.m. to 11 :00 p.m. on Sundays. The motion was
duly seconded and carried unanimously.
C4. Gall Patricia Ahamed/Hashim Sullaiman (Discount Deli and Meat Market) to permit
package sales of beer and win'e (change of business ownership) at 1504 N. Garden
Ave., E.A. Marshall's Sub, part of Lots 5-8 and part vacated alley on the West, and
Lesley's Sub, part of Lot 3, zoned CI (lnfill Commercial). CU 97-57
Mr. Doherty presented background information and written staff recommendations,
stating the applicant has expressed his intent to clean up the property, improve lighting,
work with law enforcement to improve safety, and participate in community activities.
Staff indicated two conditions imposed upon the previous owner's 1995 conditional use
approval have not been met. Staff felt the current request appears to comply with the
standards of approval, subject to the applicant meeting original conditions regarding litter
and signage, and three new conditions.
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Concerns were expressed the conditional use application was accepted despite the
signage violation, and that enforcement has not been pursued during the past two years.
Ms. Dougall-Sides noted the City may not refuse a conditional use application. She
responded to questions regarding the code enforcement process.
One member did not feel signage was reasonably connected to the conditional use
request and recommended striking sign compliance from the conditions of approval. Ms.
Dougall-Sides responded it is stand.ard to require bringing substandard properties up to
code as 8 condition of approval. Mr. Doherty stated signage giving a cluttered appearance
does not meet the general standards for conditional use approval because such signage is
considered inconsistent with neighborhood character and incompatible with its
surroundings. He suggested linking sign compliance with occupational license approval.
Hashim Sullaiman, the applicant, stated he will cooperate fully with the local authority.
He said the previous owner was refused an occupational license twice due to
nonconforming signage. Mr. SuHaiman assumed compliance was achieved because an
occupational license had been issued. Staff, indicated attached signage on a wall and
above the roof remain in violation. Staff responded to questions regarding the violation,
appJicabiUty of the sign code, and the City's systematic enforcement efforts during and
since the sign code amortization period. Mr. Doherty said application to the City
Commission for a sign variance would be perceived as an attempt at compliance. In
response to a question, Ms. Dougall-Sides said the 1985 sign code is in full effect today,
with the exception of two sections that do not apply to the subject property.
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No verbal or written support or opposition was expressed.
Member Nixon moved to approve Item C4, CU 97-57, subject to the following
conditions: 1) The applicant shall transfer ownership of the State of Florida alcoholic
beverage license within 90 days of the date of this publjc hearing; 2) The requisite
occupational license shall be obtained within 90 days of this public hearing; 3) Alcoholic
beverage sales are limited to the following hours: 8:00 a.m. to midnight, Monday through
Saturday; and 1 :00 p.m. to midnight on Sundays; 4) The applicant shall maintain the
parking lot in a litter-free condition~ including the area around the dumpster; and 5) All
signage on the property shall be brought into compliance with the sign code and if
nec6ssary, permits for existing sign age shall be obtained, prior to issuance of the
occupational license. There was no second.
Member Bickerstaffe moved to approve Item C4, CU 97-57, subject to conditions
#1 through #4, above, deleting #5. The motion was duly seconded.
Discussion'resumed regarding deletion of the condition requiring sign compliance. The
majority felt the sign violation should be addressed through the code enforcement process,
not as a condition of conditional use approval. The applicant was cautioned deletion of the
sign compliance condition does not indicate the board believes subject signage is in
compliance.
Upon the vote being taken, the motion carried unanimously.
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C5. Dayton Hudson Corooration (Target Stores) to permit outdoor retail sales, displays,
and/or storage at 21750 US 19, The Clearwater Collection 2nd Replat, lot 4, zoned
CPO (Commercial Planned Development). CU 97-58
Ms. Glatthorn presented background information and written staff recommendations,
stating the applicant is seeking approval for an outdoor plant display in front of the retail
garden center, extending 1 50 feet to the south. Staff felt the request appears to comply
with the standards of approval and recommended approval, subject to compliance with
handicapped accessibiUty code and traffic impact fee requirements.
Raymond Zurenda, representing the applicant, requested clarification of the traffic
impact fee requirement. Discussion ensued regarding minimum continuous width for safe
pedestrian access and the need for a painted line delineating the outdoor display area.
Member Kunnen moved to approve Item B5, CU 97-58, subject to the following
conditions: 1) A minimum handicapped access width of five feet shall be provided on the
sidewalk outside the display area at all times; and 2} The applicant shall pay the
transportation impact fee, as applicable, prior to commencement of the display. The
motion was duly seconded.
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One member reiterated his objection to using covered pedestrian areas for outdoor
display, feeling such use creates a cramped, cluttered and messy storefront. Discussion
ensued regarding the issue. One member stated he would support the request only
because the Home Depot store in the same shopping center enjoys a similar use. The
need for a clearly delineated display area wa~ reiterated.
Member Kunnen withdrew the motion. The seconder concurred.
Member Kunnen moved to approve Item B5, CU 97-58, subject to the following
conditions: 1) A minimum handicapped access width of five feet shall be provided on the
sid~walk outside the display area at all times; the clear and continuous five foot width shall
be designated by a white painted line; and 2) The applicant shall pay the transportation
impact fee, as applicable, prior to commencement at the display. The motion was duly
seconded and carried unanimously.
CG. Atnoco Oil Corooration/Ashraf Zaki (Gult to Bay Amoco) to permit package sales of
beer and wine (new license) at 2198 Gurf to BaV Blvd., Sec 13-29-15, M&B 14.06,
zoned CG (General Commercial). CU 97-59
Mr. Doherty presented background information and written staff recommendations.
Staff felt the request appears to comply with the standards of approval, and recommended
approval with two conditions. Questions were raised regarding staff's recommendation to
landscape between two existing drivoways along Gulf-to-Bay Boulevard. As the site is
almost entirelv paved, it was suggested to allow planters to beautify the site and better
accommodate the businessperson. Staff indicated potted plants do not have a good
survival rate, compared to in-ground plantings. Central Permitting Director Scott Shuford
stated in response to a question, the City has planted large palm trees in City rights-at-way
adjoining Gulf-to-Bay Boulevard, but cannot landscape State rights-of-way. The
appearance of many properties has been improved by the City requirement tor landscaping
\~ improvements along Gulf-to-Bay Boulevard.
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Ashraf Zaki, the business owner, did not object to landscaping the site in accordance
with staff recommendations. He operates four similar establishments in St. Petersburg, St.
Pete Beach, and Hillsborough County.
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No verbal or written support or opposition was expressed.
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Two board members indicated they would vote against the request. One objected to
the concentration of alcoholic beverage sales establishments in the vicinity. One reiterated
a long-standing objection to allowing sale of single-serving sized containers and/or cold
alcoholic beverages where gasoline is sold. In response to a member's concern, Ms.
Dougall-Side,s stated expression' of personal opinion by a board member does not disqualify
the member from voting. She reminded the board to consider each case individually.
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The applicant was advised an affirmative vote of four members is required for
conditional use approval. After discussion of his options, the applicant requested a
continuance.
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Member Kunnen moved to continue Item C6, CU 97-59, to the meeting of
October 21, 1997. Members Mazur, Bickerstaffe, Kunnen, and Hilkert voted U Aye;"
Member Nixon voted "Nay." Motion carried.
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C7. Shartvnn ProDertles (K.P. Nascar, Inc.) to permit vehicle sales at 1559 Gulf to Bay
Blvd.; Boulevard Pines, Blk B, lots 1 & 2, zoned CG (General Commercia!). CU 97-60
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In a letter dated October 3, the applicant's attorney requested a continuance to work
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(, with staff regarding issues described in the staff ,report. No verbal or written support or
'IW. ' opposition was expressed.
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Member Kunnen moved to continue Item C7, CU 97-60 to October 21, 1997. The
motion was duly seconded and carried unanimously.
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D. Annexation, Zoning, Land Use Plan Amendment, Land Development Code Text
Amendment, and Local Planning Agency Review
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D1.2301 Campbell Road, Sec. 06-29-16, M&B's 34.01 & 34.011 (Judith N. Coachman,
Paul A. & Carolyn L. Young) A 97-'0
ZONE: RS 1 (Single Family Residential)
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It was indicated this item is being continued at the applicant's request. land owner
Paul Young appeared to express concern he was not aware of this City-initiated annexation
until he received notice four days ago of today's public hearing. He understood 60 day
notice is typical for annexation agreements and requested more time to investigate the
issue. Adjacent property owner Carl Charlton expressed concern rezoning may change the
neighborhood's character. No other verbal or written support or opposition was expressed.
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Member Kunnen moved to table Item 01, A 97.10. The motion was duly seconded.
Members Mazur, Nixon, Kunnen, and Hilkert voted UAye;" Member Bickerstaffe was not
present for the vote.
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D2. 1487 Otton Street, Terra Alto Estates, Lot 2 (Brenda M. Evans) A 97-11
mpz10a97 6
10/07/97
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ZONE: RS 8 (Single Family Residential}
Ms. Glatthorn presented written background information, stating staff recommends
endorsement of annexation to obtain City water and sewer service. The applicant did not
appear and was not represented. No verbal or written support or opposition was
expressed.
Member Hilkert moved to endorse Item 02, A 97-", to the City Commission. The motion
was duly seconded and carried unanimously.
Director's Disc4ssJon Items
Acting Chief Engineer Mashid Arasteh provided a brief overview regarding history and
status of the Clearwater Memorial Causeway Bridge project. She related the proposed
schedule for environmental assessment, design implementation, funding, public hearings,
and right-of-way acquisition. One member expressed strong concerns with the City
Commission's choice of bridge configuration. It was. felt cost should not be a factor when
building a project of this magnitude on valuable waterfront land. Ms. Arasteh discussed
plans for development of a waterfront park in conjunction with the bridge, existing and
proposed street elevations, traffic access and circulation through downtown, and the
attention being given to ensuring an aesthetically pleasing project. General discussion
ensued regarding alternative bridge alignments, elevations, effects on downtown, traffic
flow, and project management. '
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Central Permitting Director Scott Shuford spoke of the planning involved in meeting
the challenges of putting a bridge downtown to ensure the bridge project is a valuable
asset to downtown and Clearwater beach.
Mr. Shuford reported plans are underway to bring in an expert Land Development Code
consultant to help finish the rewrite process. Working with the consultant will result in an
end product that more comprehensively covers the legal aspects of land development
planning. A draft is expected to be ready for distribution in February or March 199B. He
hit the projected consultant cost of about $235.000 is reasonable, as the code will last
for ten or fifteen years and will solve many systematic problems with which the board
'Nrestles currently.
Mr. Shuford is planning an informal staff and advisory board workshop to talk about
land Development Code issues, how staff can better serve the boards, and what is
expected of board members. The workshop will start with a presentation of the City's
complicated permitting procedures. Mr. Shuford invited members to bring their issues of
concern to the workshop. It is hoped the Planning and Zoning Board vacancy is filled
quickly so the workshop can be scheduled within the next two weeks.
Board and Staff Comments
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Chair Mazur addressed earlier comments regarding his bias or predisposition to vote
against conditional uses for sale of single-serving sized containers and/or cold alcoholic
beverages where gasoline is sold. He stated verbalizing his objection is no different from
other board members frequently expressing their biases regarding environmental, marine,
mpz10a97
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10/07/97
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or legal issues. General discussion ensued regarding how to solve the drinking and driving issue
City.wide.
Member Bickerstaffe felt the board's job is to vote based on their understanding of code.
While the board strongly encourages landscaping for City beautification, he expressed concern
with applicants being ~it with a barrage of compliance Issues when requesting temporary uses.
Member Nixon commented about a letter from Mr. Shuford addressing conditions of
approval. She spoke at length about her frustration with frequent board debate of staff
recommendations designed to improve the City. She said she does not plan to seek
reappointment when her term expires.
Mr. Sh~ford responded one of his jobs is to avoid putting board members in compromising
positions. He reiterated the need to schedule a staff and board workshop within the next two
weeks. He will prepare special orientation materials for the benefit of new board members.
Member Kunnen thanked Mr. Shuford for' the letter mentioned above, and requested
discussion of specific incidents to which the letter refers during the workshop. He thanked
Mr. Mazur for his response to the bias issue and pointed out the need for board members to
remain fair and impartial.
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Member Hilkert did not feel board members should automatically vote to deny conditional
use requests based on personal objections to specific activities, when such activities are
allowed by Code. Staff evaluates each request and board members are charged with
considering each application on its merits. He praised the City's beauty and appreciated the
fact that property owners take pride in their properties.
Member Mazur responded he does not oppose alcoholic beverage sales or use, or the jobs
such uses bring to the community, but reiterated his concern that sale at gasoline
estabJishments endangers the health, safety, and welfare of the community. He requested
discussion of this issue during the board and staff workshop with a view toward changing the
code.
Member Nixon expressed concern with the number of alcoholic beverage sales
establishments in the immediate vicinity of today's requested location. She expressed concern
with board members who would automatically approve a request because it was not illegal,
regardless of whether the request was in the City's best interests. General discussion ensued
regarding this issue.
Adjournment
The meeting adjourned at 5:14 p.m.
Chair
Planning and Zoning
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Attest:
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Board' Reporter
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