10/09/1997 (2)
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DCAB'
. . . . . . Development Code Adjustment Board
Minutes
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DEVELOPMENT CODE ADJUSTMENT BOARD - ACTION AGENDA
Thursday, October 9/ 1997
Call to Order, Pledge of Allegiance, and Invocation
B. Continued Variance Requests
81. Olen K. & Pamela A. Marks. Jr. for the following variances: (1) a lot width
variance of 5.07 feet to allow a width of 94.93 feet where a minimum of 100 feet
is required; (2) a setback variance of 7.5 feet to allow a proposed house and
detached garage 7.5 feet from the northerly side property line and 7.5 feet from
the southerly property line where a minimum 15 foot setback is required; and (3) a
height variance of 3.5 feet to allow a wall 6 feet high where a maximum height of
2.5 feet Is permitted at 906 Druid Road South, Harbor Oaks Sub, Lot "G" and
submerged land No. 17492/ zoned RS-2 (single Family Residential.) VR 96-82
ACTION: Approved at one-year time extension to December 12/ 1998.
C. New Variance Requests
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C1. Alexandros. Stamo. & Nick Galiatsatos (Alex Family Restaurant) for the following
variances (1) a parking space variance to allow fewer parking spaces than the required;
and (2) a structural setback variance to permit a kitchen addition within the structural
setback from a side property line at 305 Coronado Dr., Columbia Sub No.2, Blk A,
Lots 1 & 2/ zoned CR 28 ICommercial Resort). V 97-63
.ACTION: Granted subject to the following conditions: 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; 2) The
requisite building permit shall be obtained within one year; 3) Prior to the issuance of a
building permit, the applicant shall contact Central Permitting staff to review tropical
seascape design criteria proposed for Clearwater Beach; 4) Prior to the issuance of a
building permit, the applicant shall contact Central Permitting staff to coordinate relocation
of the dumpster; 5) Prior to the issuance of a building permit, the applicant shall contact
the City traffic engineer to ascertain whether parking can be provided to the east of the
existing handicapped space. If determined feasible by the engineer, parking shall be
provided in this area prior to approval of a final inspection; 6) Prior to approval of a final
inspection for the addition, dense landscaping shall be provided in the area in front of the
restaurant where paving is to be removed. "Dense landscaping shall consist of shrubs and
one shade tree that, at maturity, will completely fill this area. Selection and specifications
for plant materials shall be reviewed and approved by the Environmental Official prior to
installation. The plants shall be maintained in a healthy condition; failure to do so shall
render variance approval void; and 71 Prior to approval of a final inspection for the addition,
a solid landscape buffer shall be provided on the north and west sides of the green space
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DCAB ACTION
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1 0109/97
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located north of the restaurant. Selection and specifications for plant materials shall be
reviewed and approved by the Environmental Official prior to installation. The plants shall
be maintained in a healthy condition: failure to do so shall render variance approval void.
C2. David Little for the following variances (1) the structural setback variance required to
permit a stairway within the structural setback from a side property line (south side);
and (2), for parking space variances to allow fewer parking spaces than the required at
333 South Gulfview Blvd., Lloyd-White Skinner Sub, Lot 67, zoned CR2S (Resort
Commercial). V 97-43
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ACTION: Granted Variance #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; 2) the requisite building permit{s) shall be obtained within one year from the
date of this public hearing; 3) Prior to approval of the final inspection, the paved parking
spaces in front of the porch and the pavement in front of the proposed stair-lift shall be
removed and replaced with dense landscaping. "Dense landscaping" shall consist of
shrubs and one shade tree that, at maturity, will completely fill this area. Selection and
specifications for plant materials shall be reviewed and approved by the Environmental
Official prior to installation. The plants shall be maintained in a healthy condition; failure to
do so shall void this variance approval; 4) Prior to the issuance of a building permit, the
applicant shall contact Central Permitting staff to review tropical seascape design criteria
proposed for Clearwater Beach; and 5) The area near the chair lift shall be made into a
handicapped loading/unloading area, posted with signs and strictly enforced.
Variance #2 continued to the meeting of October 23, 1997
Minutes Approval - September 25, 1997 -~ Approved as corrected by the board reporter
Board and Staff Comments -- Discussion
Adjournment -- 3:57 p.m.
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DCAB ACTION
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DEVELOPMENT CODe ADJUSTMENT BOARD
CITY OF CLEARWATER
October 9, 1997
Present:
otto Gans
William Schwab
William Johnson
Ron Stuart
Leslle Dougall-Sides
John Richter
Gwen Legters
Mark Jonnatti
Chair
Vice Chair
Board Member
Board Member
Assistant City Attorney
Senior Planner
Board Reporter
Board Member
Absent:
The meeting was called to order at 1 :00 p.m. in City Hall, followed by the Invocation, Pledge
of Allegiance, meeting procedures and explanation of the appeal process.
To provide continuity for research, Items are listed In agenda order but not necessarily
discussed in that order.
Continued Variance Requests
..,
81. Olen K. & Pamela A. Marks. Jr. for the following variances: (1) a lot width variance of 5.07
feet to allow a wIdth of 94.93 feet where a minimum of 100 feet Is required; (2) a setback
variance of 7.5 feet to allow a proposed house and detached garage 7.5 feet from the
northerly side property line and 7.5 feet from the southerly property line where a minimum 15
foot setback is required: and (3) a height variance of 3.5 feet to allow a wall 6 feet high where
a maxImum height of 2.5 feet Is permItted at 906 Druid Road South, Harbor Oaks Sub, lot
~G" and submerged land No. 17492, zoned RS.2 (single Family Residential.) VR 96-82
In a letter dated October 8. 1997, architect Alex Pliska requested a time extension due to delays
caused by the appeal process. The City has filed a petition to appeal the Administrative Law
Judge's decision to overturn the Marks' variance approval.
Member Schwob moved to grant a ona-year time extension to December 12, 1998. The
motion vvas duly seconded and carried unanimously.
c. New Variance Requests
Applicants were advIsed an affirmative vote of three members is required to approve
variances and continuance to the next meeting may be requested.
C1.Alexandros. Stama. & Nick Gallatsato~ (Alex Famlly Restaurant) for the following variances
(1) a parking space variance to allow fewer parking spaces than required; and (2) a structural
setback varIance to permit a kitchen addition within tho structural setback from a side property
Une at 305 Coronado Or., ColumbIa Sub No.2, elk A, Lots 1 & 2, zoned CR 26 (Commercial
Resort). V 97..a3
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Mr. Richter presented background Information and written staff recommendatIons, stating the
applicant proposes to build a 418 square foot addition to enlarge an existing restaurant kitchen.
He detailed site configuration, parking; and sotback requirements. Staff folt conditions support the
request and recommended approval with seven conditions.
Anthony Aloizakis, a owner/applicant, stated the restaurant needs a bigger kitchen. The
expansion will eliminate parking spaces; but 14 off-site spaces will be maintained for restaurant
use. The addition will align with the existing building along the side property line. Mr. Aloizakls
had no problems with recommended conditions regarding design, dumpster location, and
landscaping. He estimated 95 percent of his clientele walks from surrounding hotels, because the
parking lot is rarely filled. He has oporatod the business 11 years. General discussion ensued
regarding dumpster location, traffic engineer approval for handicapped parking, and off-site
employee parking.
No verbal or written support or opposition was expressed. Board members noted the
proposal's tropical seascape theme and additional landscaping treatments wi1llmprove the beach
without economic gain by the applicant.
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) This variance Is based on the variance
appl1cation 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; 3) Prior to tho issuance of a building pormit, the applicant shall contact
',,:,: Central Permitting staff to review tropical seascape design criteria proposed for Clearwater Beach;
4) Prior to the issuance of a building permit, the applicant shall contact Central Permitting staff to
coordinate relocatIon of the dumpster: 5) Prior to the Issuance of a building permit, the applicant
shall contact the City traffic engineer to ascertain whether parking can be provided to the east of
the existing handicapped space. If determined feasible by the engineer, parking shall be provided
In this area prior to approval of a final inspection; 6) Prior to approval of a final inspection for the
addition, dense landscaping shall be provided in the area in front of the restaurant where paving is
to be removed. "Dense landscaping shall consist of shrubs and one shade tree that, at maturity,
will completely fill this area. Selection and specifications for plant materials shall be reviewed and
approved by the Environmental Official prior to installation. The plants shall be maintained In a
healthy condition; failure to do 50 shall render variance approval void; and 7) Prior to approval of a
final Inspection for the addition, a solid landscape buffer shall be provided on the north and west
sides of the green space located north of the restaurant. Selection and specifications for plant
materials shall be reviewed and approved by the Environmental Official prior to Installatlon. The
plants shall be maintained in a healthy condition; failure to do so shall render variance approval
void. The motion was duly seconded and carried unanimously.
'C2. David Little for the following variances (1) the structural setback variance required to
permit a stairway within the structural setback from a side property line (south side);
and (2) for parking space varIances to allow fewer parking spaces than the required at
333 South Gulfview Blvd., Lloyd-White Skinner Sub, Lot 67, zoned CR28 (Resort
Commercial). V 97-43
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""') Mr. Richter presented background InformatIon and written staff recommendations. stating the existing
building Is occupied by D mix of commercial, office, and residential Uses. The applicant wishes to locate a
restaurant on the second floor. adding a 272 square foot bridge and stair lift. Existing ground floor retail
space will be reallocated to expand an existing Ice cream store. Setback, parking and landscapIng
requirements were summarized. Circumstances supporting variance approval wore noted: 1) the lot Is
small; 2) the proposal will upgrade, not redevelop the site; 3) the difference in parking requIrements for
existing and proposed use Is only 14 spaces; 4) the property is compactly developed with no opportunity
to add parking: 5) the parking variance Is reasonable as much of the clientele Is pedestrian oriented and a
large public parking lot Is located across the street; 6) the property is not significantly different from
properties in the Beach Commercial zone to the north where change of use does not require added
parking; 7) the bridge and stair lift will aUgn with the garage; 8) the proposed restaurant will enhance
ambiance and appeal of the property and Clearwater beach; and 9) the application Is an opportunity to
vastly improve the property and neighborhood by removing back--out parking, enhancing pedestrian and
vehicle safety, and Increasing visual appeal with dense landscaping. The request appears to comply with
an standards for approval providing paved parking spaces in front of the porch are removed and pavement
In front of the proposed stair lift Is replaced with dense landscapIng. Staff recommended approval with
four conditions.
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Clarification was requested regarding previous and proposed uses. site upgrade versus total
redevelopment. and amount of floor space increase. It was indicated elimination of front parking and
Increased landscaping are not shown on the plan submitted with the application. Updated plans will be
submitted today. M attorney representing a third party requested opportunity for cross examination
concerning the staff report. A decision was made to follow the board's customary order of presentation.
Harry Cline. attorney representing the owner/applicant. distributed copies of a plan showing removal
of the front parking spaces. He provided an overview of parking conditions and the stailWaY facility. He
detailed site history regarding ownership, construction. original and subsequent zoning, previous uses, and
proposed tropical seascape theme. The south stairway will not extend farther southward than what
currently exists. The footprint will not change with the addition of the 272 square foot open bridge
connecting the stairway to the second floor restaurant. The connection will provide a second exit to meet
fire code. A stair lift will provide handicapped patrons rare access to a second floor viow of the water. The
bridge will not run the length of the building and open banisters follow the seascape design. Principal
market will be beach tourist pedestrian traffic. A significant public lot exlsts across the street. He detailed
how the request meets each of the standards for approval. He requested reconsIderation of the
landscaping cond~ions, noting a tree in tho suggested location would not survive and would adversoly
impact the view.
In response to questions, Mr. Cline rei~erated all back-out parking onto South Gulfvlew Boulevard will
be eliminated from the site. Cars parked in two spaces serving the residential use at the rear of the
property will have adequate space to turn around on site. Discussion ensued regDrding two storage units
to be constructed at the rear of the site.
Steve Fowler, archItect representing the applicant. stated he has worked extensively with staff during
the summer to resolve the site issues. He displayed a site plan and detailed: 1) location of two remaIning
parking spaces serving the residential use; 2) location of the stairway. lift, and design ratlonale; and
3) landscaping and amenities proposed to convert the former back-out parking area into a pedestrian plaza
resembling Pelican Walk.
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One member suggested private drive signage to provent cars from mistakenly turning into the
driveway and having to back out. Concern was expressed the pedestrian plaza contains no
stopping area for vehicles carrying handicapped passengers. Pulling Into the driveway would
necessitate backing Into traffic. Discussion ensued regarding how to accommodate handicapped
patrons arriving in vehicles. Mr. Fowler submitted photographs of stair lifts. Discussion ensued
regarding the south elevation, use of tho deck for outdoor seating, 287 squaro foot total floor space
increase, ice cream store expansion into existing retail area, current use of the proposed restaurant
area, and changing uses within the existing footprint.
David Little, Property owner since 1972, related the property's history. He wishes to improve
the property with a commercial use. He noted restaurants in the vicinity report empty parking
spaces, even when thero is an hour wait for a table, because of heavy walk-up patronage. He has
met with City Economic Development Keller and other restaurant owners about the proposal. He
explained a number of reasons he anticipates the parking impact will be less than the previous real
estate use. He has considered outdoor seating on the bridgo, which will bo attractive and
functional. No liquor or pool tables will be provided. He expects the restaurant business will be
the Canary Island Cafll. Seating capacity will be about 55 to 60, with no more than beer, wine
and light cuisine menu. similar to Hyde Park, or Sarasota's St. Armand's Circle. He responded to
questions about parking requirements for tho rosidential/office uso of the rear unit.
One letter was submitted in support of the application, praising the owner for maintaining and
Improving the property In a manner consistent with the accepted tropical seascape theme.
Ed Armstrong, attorney representing the owner of surrounding property to the north, south
and cast, spoke in opposltion to tho request. He cross-examined Mr. Richter at length regarding
variance history, code parking and setback requirements, zoning provisions in the subject and
adjacent zones, staffs rationale for recommending approval, and how the four standards for
variance approval relate to the proposal with regard to physical uniqueness of the property,
reasonable use, economic gain, and safety. The surrounding property ownor feels the applicant is
overbuilding the site by changing to a use that doubles the parking requirement. He urged code
adherence or request for amendment. In response to questions, he said his client fears restaurant
patrons would park on her lot to the east, on the vacant lot to the south, and that the proposal
would negatively impact her view If she woro to dovelop her vacant lot. He noted the applicant
does not need variances to remove dangerous back-out parking, provide handicapped
accommodation, Improve the subject property and enhance neighborhood aesthetics. In response
to a question, Ms. Dougall-Sides said the public hearing notice, having been mailed nine days
prior to today's hearing, was reasonable notico, Mr. Armstrong stated he would not have propared
his case differently had he been given more time, but suggested a code amendment to establish a
specific public hearing notification time period..
In summary, Mr. Cline said great care was given to the wall prepared staff report, which
adequately details the request and adherence to the standards for approval. Discussion on sued
regarding times and availability of public parking, and the applicant's discussions with other
property owners In the vicinity.
Board members praised Mr. Richter's clear, concise, and well considered responses to
today's cross examination. They appreciated hIs careful attention to code requlremonts In his
recommendation:! to the board. Most could not see where the proposal would have a negative
impact on surrounding property. It was felt approval based on the board's Interpretation, using the
code as a guide, would have a positive impact on the beach. Discussion ensued regarding City
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and ADA handicapped parking requirements. One member disagreed with tho proposal to trade
parking spaces for landscaping, stating if the adjacent property owner feels the proposal will be
injurious, she is probably right. One expressed concern the board has no authority to grant a
request that does not meet al: the standards for approval. One reiterated extra parking Is not
needed in this location due to the presence of heavy pedestrian traffic. Discussion ensued
regarding comparison of parking requirements for a change of use In the Beach Commercial
district.
Member Schwob 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) 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; 2) the requisite building permit(s) shall be
obtained within one year from the date of this public hearing; 3) Prior to approval of the final
inspection, the paved parking spaces In front of the porch and the pavement in front of the
proposed stair-lift shall be removed and replaced with dense landscaping. uDense landscapingt1
shall consist of shrubs and one shade tree that, at maturity, will completely fill this area. Selection
and specifications for plant materials shall be reviewed and approved by the Environmental Official
prior to installation. The plants shall be maintained in a healthy condition; failure to do so shall
void this variance approval; 4) Prior to the issuance of a building permit, the applicant shall contact
Central Permltting staff to review tropical seascape design criteria proposed for Clearwater Beach;
and 5) The area near the chair lift shall be made Into a handicapped loading/unloading area,
posted with signs and strictly enforced. The motion was duly seconded.
One member requested separate motions for the variances, stating he would not approve
setback variance at the expense of neighboring property ownels and felt the applicant needs to do
more public relations work. Member Schwab withdrew the motion. The seconder concurred.
Member Johnson moved to grant the side setback 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 above conditions. The motion was duly seconded.
Members Gans, Schwob, and Johnson, voted "Aye;" Member Stuart voted "Nay." Motion carried.
Member Johnson moved to grant a total parking variance of 29 spaces, 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 above conditions. Members Schwab and Johnson voted
"Aye;" Members Gans and Stuart voted "Nay." Due to the tie vote, the request was automatically
continued to the next regular meeting on Octobor 23, 1997.
Board members suggested the applicant talk with the adjacent property owner regarding the
application. It was clarified only the parking variance will be addressed at the next meeting.
Submission of an accurate site plan was requested.
Member Schwob moved to commend Mr. Richter, and to bring to the attention of his
superiors, Mr. Richter's outstanding answers to today's cross-examination, his careful analysis of
the proposal, and logical recommendations to the board regarding Item C2, David Litue, V 97-43.
The motion was duly seconded and carried unanimously.
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'J Minutes Approval - September 25, 1997
Mrs. Legters reponed the board's second condition of approval for Item C3 had been
, deleted from the motion on page four Inadvertently. She corrected the minutes to add the
condition: 2) In the event the conditional use request is denied, the variance /s rescinded.
Member Johnson moved to approve the minutes as corrected. The motion was duly
seconded and carried unanimously.
Board and Staff Comments
Discussion ensued regarding schedUling cases for the next meeting. Consensus was
to schedule today's continued Item In the customary position at the beginning of the
agenda. The Chair requested information from staff regarding setting time limits for the
presentation. Consensus was to allow 20 minutes for the applicant's presentation.
Adjournment
The meeting adjourned at 3:57 p.m.
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Development Code Adjustment Board
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