04/24/1997 (2)
I ., '.. " ,;.\' " " .'. ..' . + " ' .... '.' .:. ,', " '..,' I I . _ " , '. " ' '. '. .~, . " ~. : . . ' . . " . '.' . '. . ' , . ' .' . ~ ' :' " . . I, .': '..,'
. ..
.
'. I ~ .' ~ ,', :~ ,", "
I.
"
;, . '
, ,
. ~ - , : .,
. I I ,
. '
. .' I,", ., . .,
,:<:. ,:;.'....'.'. ... :.,' ,"! ;.(. '''; .,., '>:' ":'<!'~:"~~~'~~';',",":"''r''W~''~'' ,,,... .,..~..., ,(." f .,,~, ,:I;,....,;'.,... I '. :--\ " <. .' .' .' '. .. ."
. ,
. M'.. .
DCAB
. "
. ' 'Development Code Adjustment Board'
. ' Minutes
, '.'
'D'ate
A.p.O\3Y) /qq7
. r
. .'
t..: .
I.
)L/7'
. '.
,. ,
" .
, ,
:: ~ :
~-",:--"":,",".....-..~_..,-.....---_..........._...............~,. ..,......... WR,r ~..l:1o.~,,~""oI.,',-,,', ,0'. ., #,....,'. '., t" ;""j-'>~'\'c"'C.~L--. ,~
. "~"~'... 1
'.'.1 "_' '. .," .,. . .... ". ,:/.;':. " . ,; ,"":',' '.,".. ...., ,:';'....,. .::,....':." :";\.',:.'.: '^'. :::.1.;: :"~,:.'..."\.' .",!... "',,;', .":.' .:': ,,,..,'
, . l " . ' ....... , , ' '\ \ . I .' , ,\' . . " .' '\
. . . . . .' '" ',.' . ,," , ' . ,', , . I" ...... 'I' " , ,/ , . I .,
, . . " . ..' .:', 1-' 'I.' ,.. ..: ... , " . . ", ; " '. ,.', .' ,...
. , ",';0 '. .\ ,,', "j'o" L' ~,';, ,. . "'" .1:' c " I... I
. . \.. . .
I' ..
. ,
I.'
./
.}
,"
. ,
.\
"
.> .,
. . ~ . " .
'.:'.':~: .'" "", '. . '..
, ,..:
. . "
, .
,,'< ..'
.
.
DEVELOPMENT CODE ADJUSTMENT BOARD ACTION AGENDA
Thursday, April 24, 1 997
Call to Order, Pledge of Allegiance and Invocation
c. New Variance Requests
C1. Thomas Terrv. Jr. for the following variances: (1) a front yard open space variance of
30 percent to allow 20 percent where a minimum of 50 percent is required; and (2) a
permanently surfaced parking space variance of 7 parking spaces to allow 67 parking
spaces where the maximum of 60 parking spaces is allowed at 18627 U.S. 19 N., See
20-29-16, M&B 33.01, zoned CH (Highway Commercial). V 97-28
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; 2) the requisite building permit(s) shall
be obtained within one year from the date of this public hearing.
~)
C2. PhiliD Halchuk (Clearwater Children Center) for a front yard open space variance of
27.2 percent to allow 27.8 percent where a minimum of 55 percent is required at
802 Turner St., Magnolia Park, Blk 17, Lots 14, 15, & part of Lot 16 less road right-of-
way, zoned OL (Limited Office). V 97-29
ACTION: Continued to May 8, 199? because the applicant was not present
Minutes Approval - April 10, 1997 - Approved as submitted
Board and Staff Comments - Discussion
Adjournment - 1:35 p.m.
',:)
DCAB ACTION
1
04/24/97
. . ,.'
~
(~
o
:\1"
. .". . ~ '
~ .: . '
DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
April 24, 1997
Present:
Otto Gans
William Schwob
William Johnson
Ron Stuart
Chair
Vice Chair
Board Member
Board Member
Absent:
Leslie Dougall~Sides
John Richter
Gwen Legters
Mark Jonnatti
Assistant City Attorney
Senior Planner
Board Reporter
Board Member
The meeting was called to order at 1 :00 p.m. in City Hall, followed by the meeting
procedures and the appeal process.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in thot order.
C. New Variance Requests
C1. Thomas Terrv. Jr. for the following variances: (1 ~ a front yard open space variance of
30 percent to allow 20 percent where a minimum of 50 percent is required; and (2) a
permanently surfaced parking space variance of 7 parking spaces to allow 67 parking
spaces where the maximum of 60 parking spaces is allowed at 18627 US 19 N., See
20-29~16, M&B 33.01, zoned CH (Highway Commercial). V 97-28
Mr. Richter presented background information and written staff recommendations,
stating the applicant wishes to redevelop the subject property with a new Steak and Shake
restaurant. The existing unoccupied bUilding on the site will be demolished. He detailed
the existing and proposed site development, zoning classification, front yard open space
and landscaping requirements, and maximum number of paved parking spaces allowed by
code. Staff felt conditions support the request and recommended approval with two standard
conditions.
Carl Woods, representing Steak 'N Shake, Inc., concurred with staff's analysis of the
proposal. In response to questions, he confirmed the existing building will be demolished
and replaced with the new restaurant. The restaurant will operate 24 hours a day, and no
alcoholic beverages will be served,
No verbal or written support or opposition was expressed.
Member Schwob 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
mdc04b97
1
04/24/97
. ~ .... ... .
i . ' .' < .. ~..i . :. "",' .. y .' . ,.' ':.
: D :1 c~ J. ~'.1I
1',.........' I
L ~." : l 'I 'j ".: .'. '
. ,
. ,
~ d- ~ !
....,"', " "
..,,:
<~ I. \ '
~
..~' :
,.:.
.~, ..
:;\;'
:': '
'::i.~.::;.!
..; ,.
.:.; ~ ~{:
'::;:.'\
'".:c"::,
j. p~
..:.....
~ . ,~
.:.'
. ~. c.
/:.:'
..."'l
.. '.<
I.....
\}
.',:',
I ':f',"
., .
. ~ . ~ :'
.::\;
+...\....l
':"
...' ..
'~Ol:'.~' .
:::,\':,
~. ',~'::
~;a'
1"1~~
.....
.~. .:..:- .
,::0,;
..,....
.: .~: j
;.-: .-
':.,.'.
. ~.t . :
::+:.,<~:
:"":".:
(p'
\~ '.;..
I.,.'
.',}::~:
'I'
,:,'. ,i
'.~..' :,';
: ., '. . . ~
.. "
!.: :'1':
.:'. ~:..
1.":.":'/
:;.~ '..' >!.
;i,;?~
;:;~'
'.>.....~:. .
: ~. '.
.,;.:
':>'.'.\.'.
." ..~.:
.:;,::.;,i":.
,,'
\~
I:.~ ~ :.
....
':J".' ':~
.'. : :,~.'.
.,:1;.;"
. ,
;. ~ I:..~ :
. ...
,,,.'.
;...;1'
'. .'~ . ~ .
',;";,J <\::~,~.,
~. : :/~. ":. .1> ~.
variance application and documents submitted by the applicant, including maps, plans, surveys,
and other documents submitted in support of the applicant1s 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
one year from the date of this public hearing. The motion was duly seconded and carried
unanimously.
C2. Philio Halchuk (Clearwater Children Center) for a front yard open space variance of
27.2 percent to allow 27.8 percent where a minimum of 55 percent is required at
802 Turner St, Magnolia Park, Blk 17, lots 14, 15, & part of lot 16 less road right-of-
way, zoned OL (Limited Office). V 97-29
This item was moved to the end of the agenda to allow time for the applicant or
representative to arrive. When the applicant had not arrived at the conclusion of business,
staff was requested to telephone the applicant to determine whether he intends to proceed
with the request. The meeting was recessed from 1 :25 to 1 :32 to allow time for the call.
When the meeting reconvened, Mr. Richter reported the applicant's wife had said he had
been called away on a family emergency, but wished to pursue the request. and a
continuance was acceptable. While it was indicated the item could be heard in the
applicant's absence, same members were reluctant to proceed in this manner and preferred
the continuance.
Member Schwob moved to continue Item C2, VR 97-29, to the meeting of May 8,
1997. The motion was duly seconded and carried unanimously.
Minutes Approval - April 1 O. 1997
Member Schwob moved to approve the minutes as submitted in writing to each
member by the Board Reporter. The motion was duly seconded and carried unanimously.
Board and Staff Comments
Ms. Dougall-Sides reported Mr. Shuford will attend an upcoming meeting to update the
board to and answer questions regarding the land Development Code rewrite. In response
to questions, she reported the Britt's Cafe appeal was heard last Wednesday and a decision
is expected within 45 days. A hearing officer has been assigned in the appeal of the
Carlouel Yacht Club decision, but no hearing date has been set.
Mr. Gans questioned whether anyone had contacted the applicant's representative
regarding access to the Dushas property in case VR 97-26, continued from the last
meeting. Mr. Richter responded his office has received a request to continue that item to
May 22. He will make arrangements for the board to view the property before the hearing
date. He reported of the six items scheduled for the May 8 agenda, two are being
continued.
mdc04b97 .
2
04/24/97
.' c. ."'I~;~.. l'. .' . .'~"
'. I
..,
'. :, ~ I', .
The meeting adjourned at 1 :35 p.rn,
Chfleilt
I'
,
.'\;.j.
:;'!U!if;;l;l\j~,;j;:~,::!!"::~~W~);/;':l ." , ,::';; ',' i
. " ;"". .
. 'I,
. " t. .
, ,',
...~_. 'c
~,
Mr. Gans requested. for the board to be provided with a pitcher of water at future'
meetings. He expressed strong concern with the air conditioner noise and excessively cold
temperatu're in chambers. He stated such conditions would endanger the health of anyone
attending a lengthy meeting. When he reported the problem to the City Manager's office,
he. was told the problem would be reported to Building and Maintenance.
Adjournment
Development Code Adjustment Board
Attest:
~od~
Board Reporter' /
(:')
.,
o
mdc04b97
3
04/24/97
t.
.H J ""' . ~t"'''~~~'q.t''~'~;';~.~.''1':'':''~'.' ..~~_ ~:.i..~:~";!.U'.'::i~.~,~'....1. ~~ '.r~~T~,;lH.f.l"'tY ~ ; ( ,
~ ~ . ..; i" . ~ <
. t'.
, . ~ .. . >,'. ~ ,.
.*;~!D1~'i,~,.Zi~}?:~~t;~r-:; ~y::