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01/24/1996 (2) '.': '. .. <'.: ' ,I,', ":' I ..:' ' t", . "',' , '. : I . _', ' . : ..,' "+, ,~'.' " 'l, '.,' '. . 'I " , " ,', ',' " , " '" ' , , .. ,,1+ ", , ,. : " ...,,', t I: <: ' , , I , l , :", ,: , 'J ' . ,,~'. " -10.> ".' , ~ " " , , , ,.,' '. { , ",;':' ", '"I'''::>::,,~~':'~'.l'''' ~~":~"",tr.,.;;'''':' I:;V"'~~: '.... ~ , "..' ", c ,.' ,". . '. .;', 'c '" ',": ' '. .". BAA BLDG & FLOOD Board of Adjustment & Appeal on Building & Flood Minutes Date TO-iJ(){lrl a~ J Iqq~ ! t 0(0 'l < , ,'., '," " , , ~ ~.......--"""~l ,,"'lM".,l,'H'''''' . . ..,.o....'___...I'~ .'."r....__~___""~_.......irH.+'U.,I' '\'" ',.' . " ,t-l'.' , .....:_..~......._..-'~.......~..... - . ., . T~., ~'"'' , ". "'" ,-" .,..,'" "'-:'" '..,." ',', ",""" \" ,',;' ". ':: ","",;,'. ,',." ;.,'.' '>' ,.'.:':', ::'.:': :' ',.: '... ;'\:.:', . ."':" ~',,' ......,.,. ,\':'.' .. ,'," .'..,' ." [~I I'..' . I"'" . , . ' , j, " l,' J I ~~. , " ' .' . ,'~.,' ' ,~ BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL CITY OF CLEARWATER January 24, 1996 Present: John H. Logan, Jr. Edward H. Walker, Jr. Michael D. Corcoran Pankaj Shah Vic Chodora Kevin Garriott William Wright Patricia O. Sullivan Chair Board Member Board Member Board Member Central Permitting Assistant Director Central Permitting Supervisor Building Construction Inspector I Board Reporter Absent: Carroll Nail, Jr. Board Member The Chair called the meeting to order at 2:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. (~ ITEM #1 - 551 Saturn Avenue North. Clearwater. Florida. Church of Scientoloav. Flag Service Organization. Inc.. Owners. James Bond. Reoresentative. To request variance to the 1991 Edition of Standard Housing code, Section 306.1 (relating to minimum space required per person in a dwelling uniU, and to Section 306.2 (relating to minimum space required per person in a sleeping room), for the apartment complex at this address. Located at metes and bounds 41/03. The applicant requests to maintain, but not exceed, the maximum occupancy of the Hacienda Gardens property by redistributing 15% of the occupants and converting several apartments to central facilities such as lounges, exercise room, medical isolation, etc. The applicant requests to increase the occupancy of each apartment by one person to: 1) 6 persons in a one bedroom/one bath unit; 2) 8 persons in a two bedroom/two bath unit; and 3) nine persons in a three bedroom/two bath unit. The applicant indicates the request is to increase the quality of the lifestyle of this religious and fraternal group without reducing existing occupancy and to provide improved on-site facilities. Some new planned facilities to be installed in existing apartments include: 1) an exercise room; 2) central reading lounge with library; 3) central music lounge where live music can be played; 4) executive staff lounge; 4) game lounge; 5) television/video lounge; 6) a medical isolation unit and 7) increased laundry facilities with a small, private, dry-cleaning facility. Robert Johnson, attorney for the applicant, said the variance request was for a minor change of use and will not increase the number of occupants. Brian Anderson, Church of Scientology Vice President, said mombors of the church's Sea Organization live in this complex. Members dedicate their lives to church work and study and the church provides their room, board, medical and dental expenses. 1""''''\ \.;, mbf01.96 1 0' /24/96 ~,"""Ii."'14~:.i~.~"",F".'!~"'A,-. .f.'T'. ., .~, .'. . 'c' ~~.;# 1!Ir,. " ~ ',::-:: ':;, :',',:,' ':' ",,:,'," , ' '\' .'''' ....' , ':'>,: ," ':', "> ;-', ',' " :':'.' ' -,:: '; " " ':'<:':',:, r ,:,~ '," ..":.'::".',, ':,. '~:"'<.:"": ~ ;:: '~>:,:,:', /':': ....., '" '.~, ",: ',::' '" ';.:',' d::-' '; ~"'" ' ';' ..' ", "::-'.:<:.;' '" '::,..:': ',' ,.;':, ,\ '_. '.' ,'. "',', ' ,I,' " " '" "--'-0., "','" " , . .'" ' ,..\"" .. ',,' , " ' '\ ","', t1 ' Li' '(:1-,..,.,., " " ... , , , ' '. "I' J ' ,'" " "" ,', ",' , . . " ,~ "~ I ".' , .",: ' ,l " l' :, I ""'" . j',. , :' i :':~:-.":"I"V'~'; .;:,. ....\..~":.:>.~'" ..'".,.,~..,l.'r:~ "...'.:.,..:''t'':..!~..:.~~'\r;';.:~,:.,'...'.. ':,-:",:.: "\";T'.:' '.~,::"::,',\',',,... ': :r..:,.,:".",,"~":.'I""':"':'I"\': ":." '.,:'.": '.,. ,,:,: "'''~;'''''~:':'''. '} Representative James Bond said the complex has 200 units in 14 buildings on 10.3 acres. He said the organization's needs differ from those of the public. Members work and study 80 to 90 hours a week. Central lounges would allow members to meet for recreational activity. He said the complex, constructed in 1972, has no architectural merit. Refurbishment based on a Spanish theme with terra cotta tiles, wrought ironwork, and ornamental stonework is planned. Wood staircases will be replaced by steel and concrete ones. The interior design will be simple and clean. Capacity would be lost if the facility must meet the City's housing code. Under this proposal. Mr. Bond estimated between 150 and 175 members would be redistributed throughout the complex. Mr. Johnson said sleeping room occupancy would not exceed code requirements of 50 square feet per person. This request is for a variance on the requirement that every dwelling unit contain at least 150 square feet of floor space for the first occupant and at least 100 square feet of floor area per additional occupant. It was questioned how this proposal compared with the applicanfs request three years ago. Mr. Bond said that proposal was to increase capacity by 50%. He said this request is to shift 15% of the residents by increasing the number of occupants in each unit by one. He referred to floor plans that show residents will not be "piled on top of each other." Mr. Johnson said the previous proposal was to change the complex's designation from "dwelJing" to "dormitory." "~~ It was noted the number of tenants appears to increase dramatically. Building '..~.<;JJ.i Construction Inspector William Wright said the applicant has proposed to decrease the .. ~ .. number of units to 180. According to City records and code requirements, 1.1 80 tenants are permitted to dwell in the complex. The applicant proposes to increase occupancy to 1,402. Mr. Bond questioned the City's calculations. Mr. Wright said, according to City records regarding the size of each unit, the applicant is proposing to house: 1) 8 persons in each' of 98 units A & C (606 square feet) for a total of 784 people; 2) 6 persons in each of 40 units 8 (658 square feet) for a total of 240 people; and 3) 9 persons in each of 42 units 0 (859 square feet) for a total of 378 people. Mr. Bond indicated two units are planned for medical isolation and not to house residents. Mr. Wright said that change would lower the City's calculation of what is proposed to 1 ,384 persons. It was questioned if the City's calculation is based on the apartments' square footage. Central Permitting Assistant Director Vic Chodora said only habitable space can be counted. Habitable space is defined as space in a building used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage, utility space, and similar areas are not considered habitable space. w It was questioned if any of the bedrooms are large enough to house four people. Mr. Chodora said plans are to remove a wall to allow that occupancy. Mr. Johnson said bedrooms in the C Units would house four people. Mr. Chodora said, in concept. staff has no problem with the plan to remove living rooms and replace them with group facilities spread throughout the complex. Concern was expressed the applicant may convert some rounges to bedrooms in the future. Mr. Chadora said staff has recommended that approval mbf01.96 2 01/24/96 ....-.-.I..L,....,... L~..-,oi.'.,,~. .' c ,. '~.....h,.. ~','ri:'),._' <, ," " " ",' ':.... > ",':. .' ,.", ',:"',' '.:: ::" (:..;:', ",',',~' :,,':-: '.,":',:'.',>, ,,", ,':,'" ;',' :~"<::~:~', ::':'.",:~' ','.',:' ,,': ,"',.. ..' <, -":': ,',"~,<', ..:'.~.",::' '\' ,\ , , , " \ ,,' '.' '*""1' · , : I~'I, " \,' , '" ' " . I " ,'~' l -l ' , ' " ,I L I.' I, \,' Ill-.. . '..... ", t ~ . I,', ') ('i'~ -" u !~;;;\~':i i , include a stipulation allowing the City to make inspections to any and all units at random, without notice. Concern was expressed this complex would be difficult to monitor. Mr. Chodora said any changes to the complex would require permits. Mr. Chodora said the complex is in the airport hazard restriction area which restricts the complex from increasing its capacity. He expressed concern City calculations indicate 1 t 180 tenants currently are permitted while the applicant indicates that number is 1,341. Mr. Bond said the City's calculations differ from the building.s blueprint. Mr. Johnson thought the applicant and City previously had agreed on the permitted number of occupants. Mr. Wright said a City inspector measured the units in 1992. Records of this inspection are stored on microfilm. It was noted the Board of Adjustment and Appeal on Building/Flood Control cannot reach a decision until an accurate determination of the square footage of habitable space is made. According to City code, every dwelling unit shall contain at least 1 50 square feet of floor space for the first occupant and at least 100 square feet of floor area per additional occupant. The size of the variance. as a percentage figure, was requested. Mr. Johnson said that number varies from unit to unit. The size of the largest variance being requested was questioned. Mr. Bond said the proposed variance is between 15% and 17% per unit. He will provide the Board of Adjustment and Appeal on Building/Flood Control with the percentage of variance requested. Currently no common areas exist where members can gather. In answer to a question, Mr. Chodora said the applicant plans to convert one bedroom apartments to two bedroom units with no living rooms. Concern was expressed the proposal will increase the complex.s density. Accurate information regarding the measurements of the apartments was requested. It was questioned if the complex.s zoning permits dormitories. Mr. Chodora said the only dormitories allowed in the City are at the college. Scientology City Liaison Officer Jeffrey Litton said the proposed units are considered dwellings because they contain kitchens. It was questioned if a unit without dining or living rooms could be considered a dwelling unit. Mr. Chodora said that distinction is the decision of the Board of Adjustment and Appeal on Building/Flood Control. It was questioned if this proposal would be allowed for new construction. It was felt units need to stand on their own and cannot be credited for recreation facilities and common areas. Mr. Bond said this apartment complex is different from those rented to the public. He said proposed changes would not affect neighboring properties and the number of residents would not increase. In answer to a question, Mr. Chodora said an apartment building near the junior college could not be converted to a fraternity house or dormitory because that building would be zoned for apartments. It was questioned how a unit without a living room or dining room can be considered a dwelling unit. In answer to a question. Mr. Chodora said Scott Shuford, Central Permitting Director, indicated DCAB (Development Code Adjustment Board) would not have to approve a zoning variance for this conversion. Mr. Bond said according to the definition, a dwelling does not require a living room. Mr. Johnson said individual units are required to provide complete independent living facilities mbf01.96 3 01/24/96 , I : . ',:.' ~ ,', ',' !)",; ': ... : ': \'. ' ',' ,(, " :" '.:' .:: . " ':., j~ ,j~. ~',' \:' r~ '. ',', : '. < ~"'~:'H"~" , ;,. . }',' , , : / c' ,::: :' '.'. :, '.' ' : : " ': ': ',: I.. :.. " t.' ' .' " ,'.' ",' ,','~, ,,', '" ',' ,; .... \ -: ',: ,.:..: :' :..' .". , ""',", '... ,: ~ , ') for one or more persons including permanent prOVISions for living, sleeping, eating, cooking, and sanitation. ' Concern was expressed the unit would not meet the code's criteria for a living unit if the living and dining rooms are moved outside the dwelling unit. The living area would have been removed from the calculation. It was noted the proposal is similar to a dormitory. Elise Wright said she is married and has lived at Hacienda Gardens for six years. She does not spend much time at the complex and does not need a living room. Current living rooms are too small to entertain a group of visitors and music disturbs roommates trying to sleep. She said the change would be positive for residents. Ari Brenner said she has lived at the complex for four years. She welcomes plans for a convenient workout facility and on-site activities. ...~~} _,~tl Bob Lunt, President of St. Andrews Cove Homeowners Association, supported additional recreation facilities at Hacienda Gardens but expressed concern regarding plans to increase the number of residents by 170 people. He said restrictions at his complex limit bedroom occupancy to two people. Mr. Litton said most bedrooms would house no more than three people. Mr. Johnson said a few bedrooms would house four. Mr. Chodora said the C Units Bre proposed to house four people in each of two bedrooms. Mr. Lunt referred to plumbing problems associated with the lift station shared by St. Andrews Cove and Hacienda Gardens. He expressed concern additional occupancy would overload the system. Mr. Bond said that should not be a problem. No mechanical failures have been reported in the three years since the pump was rebuilt. He reiterated the number of occupants would not increase. In answer to a question, Mr. Bond said all residents of Hacienda Gardens are Scientologists. AI Higgins recommended tabling the request until calculations regarding the size of the units are confirmed and zoning and housing regulations are clearly defined. Mr. Wright read a letter of opposition from Marshall S. Harris with Harris Knight Properties who represents' an adjacent property owner. The letter said the complex is zoned as apartments and not as a motel. It was felt the property is rundown and concern was expressed the number of occupants would increase. Mr. Harris wrote the proposal has no merit. ' David Campbell said an apartment unit is an apartment unit. He noted the proposed units lack living room space where residents can relax without dressing to go outside. He expressed concern residents would be living under unfavorable conditions because of increased density. Mr. Bond said each unit would have a small common area. Mr. Chodora reiterated the density of the complex cannot be increased. Mr. Johnson said the exterior or the building already is being improved. Mr. Chodora said permits have been granted for exterior improvements. He noted ADA requirements have not been addressed. It was noted the Board of Adjustment and Appeal on Building/Flood Control cannot reach a decision until the maximum density is determined. Concern was expressed regarding the discrepancy of 162 people between calculations made by the applicant and o mbf01.96 4 01/24/96 '..........I.i.J'..,....I~..,'_. ,. ' ' <L;<,;': ," "':.','." ,I' ',' ':"" " '\, ': ' ,', '. "'< 'I' ,'.',", ~,...,:.., :. ;': ',", ',",~'..,,',', ',::~,',',,:~:': ;,,:::> '.' "',",:: '. .": ' ':~:,:':'.,' ::' >,<,: ':. .:" i,:,: ','.:''\'''':'<',- :,'.., ,': : ':', ~':,<, > '.':', "~':'"~ ',',:' ""_.""".",.",\""""""""..:"""(,,:..,,,,,",""'",, ',:' ::.. ",,',' ',,:;' ,"" ,:1"'..,, ,'.:". ',": ',', &:'1,,,, ,,' ":',"':..-,...':'.,,':'<":~';J::',<,.':.,/:'~:.:, :",':,:',': .:'.:' ".' ,',:' , . \ " " . I " " I" , , ' '. f! ,." , , ' , , " . I , ., I J' '. ,. , " I~ the City. It was questioned if a dwelling unit's living area can be moved outside that unit and still be considered 0 dwelling unit. Mr. Chodora said this situation is unique as the apartments would not be rented to the public. It was questioned if improvements could be added without disturbing the complex's configuration. Mr. Bond said one building will be removed in several years due to the Keene Road extension. There is not enough room to construct additional buildings on-site because of setback requirements. Mr. Chodora said code requires a 20~foot separation between all buildings. It was questioned if parking has been addressed. Mr. Bond said parking needs are about half of those at normal apartment complexes. Most members rely on church buses for transportation. Concern was expressed that married couples may not be provided separate rooms. Mr. Bond said some rooms are limited to two occupants. Most residents are single. He said plans are to replace a closet in the two bedroom/one bath units with an additional bathroom. He reiterated the complex's total capacity must be determined. Mr. Lunt suggested the problem could be solved by moving 180 residents to another facility. Mr. Johnson said the church does not have room off~site for that many residents. ...:.~A ~ Ms. Brenner said roommates arrange to use the bathroom facilities. She did not think an additional roommate would make a difference and felt the added facilities would be a positive change. Bill Zinzow expressed concern regarding the proposal to turn living rooms into sleeping quarters. Mr. Johnson said this is not a traditional apartment complex but addresses the needs of this fraternal organization. Mr. Zinzow questioned how the living rooms could be changed into dormitory rooms without increasing the complex's density. Mr. Johnson said the proposal views the complex as one property. Mr. Chodora said the complex now has 200 living units. The proposal is to reduce that number to 178. Mr. Zinzow suggested adding facilities without increasing per unit density. Mr. Bond said they want to use available space efficiently. Mr. Johnson said the property could remain as it is. The changes are proposed to meet members' wishes for a better living facility. Mr. Zinzow said adding recreational space would meet that goal. Mr. Campbell agreed. It YJas noted City staff must resolve the capacity calculations regarding the maximum number of tenants permitted at the complex. Member Walker moved to continue this item to February 14, 1996. The motion was duly seconded and carried unanimously. ITEM #2 - Discussion and aooroval of orocedurBs and minutes. Mr. Chodora said all members of the Board of Adjustment and Appeal on Building/Flood Control must vote regarding approval of each meeting's minutes. ~ mbf01.96 5 01/24/96 ,',~".",.'" ", .,..~':..,',. ;', .,.. '.,:,:~ ,.,::.J~':,.,:'"",'... l.' ':'., ,'::~, :~'" ,:",/..: ,.,',' ",.,:"". :""';' "r", ~"',:,',,' " : '" I' l.... l-' . "I . ',~:' \\":;-/::\;':i;/};\I,::;{:~~t/i~:~~;st~J.ii,:':::~'; :>i''<'y:'":'::\,.>',>': .! !:",: : " ,Ot: ': , '.r J""""l\ Aooroval of Minutes ; t , .., ~.; Member Corcoran moved to approve the minutes. of the regular meeting of December 20. 1995, as recorded and submitted in written summation to each member. The motion was duiy seconded and carried unanimously. ITEM #3 . Adiournment The meeting adjourned at 3: 13 p.m.~ +~ C air Board of Adjustment and Appeal on Building/Flood Control JO " , I " mbfO 1.96 6 01/24/96 '\ ' .: - 1r1~LIiIIIII"'WIQII,aJ~P'''''.~~'''''''-''''''''''''''''' .. < .-:.-.......-..."......... . .~.-.......--".."'~.LJ.;..,,'....J.I.:oI. 'T..t....}\. ~ ' I", ...,..J,.'i..' > \ ,:, J'd'" . ,,-" ,',' ""',':,;,.' ';("<...:,;..-' .',' ,', , , . " . ' -I' '" J' ',-' '. " ' , . , , " . i'" .. ' '-", + \ I ' . ,