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02/14/1996 (2) ,...,,". ~ <,! '"',':+:\',,,' "',~"'" .,':',.'...."'~.F:, '.~" "',,~_." ',,:' ','.' :." ," '. '.""\: .,:. ,';. :...,," ..', '~""'::"', ," ~ ~. ". '\,'" ,':," '. ",.. . , " . ,. . " r' , " ,r ' _ . ~ .., ..' \ ",' c ,:. ~ " '.'.,.:. ~ . I '. c. ,:. .....~~,r-~.~~..,f .c"(~..~,.:.t:~~:~4"~""~,,,,,,_.c":'~.~ :.",: :.......~,~.....~...-t.....:'t...J"'~....!, ;~.." .;.~;.,.>~~: ~:~;'..~,l~ ':.::',rj.'..~l' ! ',' BAA , ,BLDG & FLOOD ;, Board of Adjustment & Appeal on Building & Flood Minutes Date FibnJ4Lf I ti r-1qq~ , I ) CJ ~l L' , " , " " , ' , ,'. .... ,\ , , ' " " . , (. .' " " , , . ' , " ' , , "" ' . ". '\' " ' ,-.""".".:.. '. \ ;" , :' ,," " . , , ".,"," . ' " ',' 'I'" , "~, ' -" \ '.". ,:'. ..: , . . '" ';,' ' ,', ~ I ..' ~ ' . 'I "" " .\'i<~ , I",~, l. " '...,: .~ ,;;, ~!,~:::~~~~" ; BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL CITY OF CLEARWATER February 14, 1996 Present: John H. Logan, Jr. Edward H. Walker, Jr. Michael O. Corcoran Pankaj Shah Carroll Nail; Jr. Vic Chodora William Wright Patricia O. Sullivan Chair Board Member Board Member Board Member Board Member Central Permitting Assistant Director Building Construction Inspector I Board Reporter 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 - (Cont'd from Januarv 24. 1996) 551 Saturn Avenue North. Clearwater. Florida. Church of Scientoloav. Flaa Service Organization. lnc.. 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 unit), 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 approximately 15% of the occupants and converting several apartments to central facilities such as lounges, exercise room, medical isolation unit, etc. The applicant requests to increase occupancy by one person to: 1) 8 persons in 'IA'I Units where current code allows 7 persons and 2) 6 persons in "8" Units where current code allows 5 persons. Occupancy in "C" Units is proposed to remain at 6 persons and occupancy in 110" Units is proposed to remain at 8 persons. The applicant indicates the request is to increase the quality of this religious and fraternal group's lifestyle by providing improved on-site facilities without reducing existing occupancy. Facilities planned for installation in existing apartments include: 1) exercise room; 2) reading lounge with library; 3) music lounge with live music; 4) executive staff lounge; 4) game lounge; 5) television/video lounge; 6) medical isolation unit and 7) larger laundry facilities with small, private, dry-cleaning facility. Robert Johnson, attorney for the applicant, said the applicant and City staff measured several apartments and reached agreement regarding dimensions. On February 6, 1996, the applicant filed an amended request. Building Construction Inspector William Wright disagreed with figures included in the applicantls amended request. According to City records, the proposal will reduce the total number of units by 17, not 20. The request is for 40 "0" Units; not 42. A total number of 182 units are being requested, not 180. The total occupancy would be 1,280, not 1,276. mbf02.96 1 02/14/96 It was noted this situation is unique. Concern was expressed granting the requested variances would set precedent and another developer could request similar considerations. Mr. Johnson said all residents are Sea Org members and felt few developers construct projects for religious organizations. It was noted the proposed development is similar to a fraternity house or dormitory. ') Mr. Johnson said the complex's total capacity is 1,293. This request will decrease density by 1 3. In answer to a question, Representative James Bond estimated the request is for: 1) 1 8 % above compliance - Units A; 2) 21 % above - Units B; 3) adequate space - Units C; and 4) 7% above - Units D. He said it is difficult to comply with the housing code and requested the Board consider the total property, counting proposed lounges toward habitable space. He said Unit 0 residents currently have 106 square feet of habitable space per person. If the Board considers all habitable space in the total complex, each of 1,280 residents will have 104 square feet of habitable space per person, within 2% of property-wide compliance. Nava Zalaig, who lives in a nearby condominium, said she is pleased by improvements to the complex which she feels have increased her property's value. She supported the requested variances and was glad the number of residents will not increase. She said residents are not rowdy, but are clean, quiet, and trustworthy. '~ Ben Dunham, an Oak Cove tenant with four children, liked the upgrades made to Hacienda Gardens and supported the requested variances. David Campbell expressed concern increased density in each apartment's living quarters would result in a YMCA-like facility. Central Permitting Assistant Director Vic Chodora reported staff did not object to transferring space from living rooms to common areas as these apartments will be available only to a select group. He agreed the City's minimum housing code contains no provisions qualifying certain groups for exemptions. In reply to expressed concerns, Mr. Chodora indicated a condition of approval could limit variances to current ownership and use so the variances are not conveyed with the property at sale. Concern was expressed the request contains inconsistencies regarding the number of apartments and permitted residents. It was noted only Units C currently comply with Code and Units D Bre 10 square feet shy of compliance. Mr. Bond stated the applicant and City measured apartments together, taking only two measurements per room. In some bedrooms, for example, window extensions provide extra space which was not counted. He noted the difficulty in determining wherB hallways begin and end. The request includes approximate measurements agreed on by both parties. Mr. Chodora said apartment sizes vary and each one was not measured. Bill Zinzow agreed with developing common areas to improve the complex but felt > apartments should meet code and contain adequate and appropriate living space. \;) mbf02.96 2 02114/96 .,.. :',"';" ',\ :',,",..."<:':'\.'~',' :":,:,.',',::..,r,'~:..:,:.".~".~~:""''''''.'~ ".,.",1.,,:,",: ',:~'l',.:,),':~'" ',l,j "":' ',t ",,;' ,., ,', 1'-'., ,') In answer to a question. Mr. Chodora said minimum code requires one bathroom per eight residents. Mr. Bond noted the maximum requested is six residents per bathroom. Concern was expressed the request does not meet standard building code requirements established to meet the minimum needs people expect. It was stated common areas are fine additions to multiple living units but should not count as auxiliary space for Jiving areas. Many local complexes feature amenities such as recreation rooms, etc. It was felt living space in each apartment should not be sacrificed for occupancy needs. Mr. Johnson said residents spend the majority of their time away from the property and eat meals in a central dining hall. not in the apartments. Mr. Bond said not all cultures have similar density standards and noted this request is not for the general population. It was noted City code does not contain provisions to adjust minimum density based on use. cleanliness. or ownership. Concern was expressed a change of lifestyle could cause residential dissatisfaction if the variance is granted based on the current lifestyle. Mr. Bond said the applicant does not intend to change the use. He recommended a condition specify the group and their schedule. Mr. Johnson said the request is not for economic benefit and felt strict application of the code would deprive the applicant of a reasonable use of the property. He said if the request is denied, improvements will stop and common areas will not be established. Scientology City Liaison Officer Jeffrey Litton said space in sleeping rooms would meet code. <:J Member Walker moved to deny the request by the Church of Scientology, Flag Service Organization, Inc., for variances to Sections 306.1 and 306.2 of the 1991 Edition of Standard Housing code for the Hacienda Garden apartment complex at 551 Saturn Avenue North. The motion was duly seconded and carried unanimously. ITEM #2 - 23924 US 19N. Clearwater. Florida. owner Johnson's Services. Inc.. d/b/a Dunkin Donuts, Frank Johnson, Representative. Requesting extension of time to repair building. Parcel # 06/29/16/09072/000/0100 Representative Frank Johnson said the lease for the Dunkin Donuts shop on the South end of his property expired when he purchased his Chevron station at the Sunset Point Road intersection. Norman Sotellio owns Sunset Donuts, Inc., which operates the doughnut shop. Mr. Johnson said Mr. Botellio had indicated he plans to sign a new lease and repair his building. He reported the Department of Health recently had identified problems at the doughnut shop. He said the roof, tile and ceiling have been fixed and mildew cleaned from the air-conditioning unit. A contractor repaired the soffit. He indicated repairs are temporary until the structure can be rebuilt and a new roof installed. v The lease agreement has been delayed because Mr. Botellio first must obtain a reconstruction loan. Dunkin Donuts, Inc. must approve the design and Chevron must authorize the lease. He said all agreements are near approval. Mr. Chodora agreed the applicant has alleviated the more dangerous problems on the property. Mr. Wright distributed pictures indicating progress has been made. Concerns were expressed mbf02.96 3 02/14/96 ................'"......~~,~'..~ .',,' .. , ". . T . I .., . "t4~....." ':::;":{"~"_:"'" " '.' ,." ;,.' ,; "', ,~' ", ':,: ,:.:.,'..'.: '.~",:,,! ':: ,;,' '",.:,':..":' ',",<:> ''',,' ',', ,I"., "<:',,:',' :', '~":",", :', "::"".'~:" ',' ;, ',';, ".' ," "':,,,' ':,:'~ ';:,>~\'::' ," " ':\ " :", .', "1'.':' '.',':', :'..,' , ."".." ,,',, i" ,,'''~'' ':",", :'-, ' . ' ".~J:! ',:' .", '..::, ;,";: "",' ':." ",':,' \~',: ' ",," . ,I, ' I. I ,.1., ",f... ," ' .' , '~ .,.,., .. , , ~ ~, ,: : " ~, ~c >. ",'. , ,J,~' '.. f~ regarding the structure's shabby condition. It was recommended that Mr. Johnson advise the attorneys that serious repercussions will result if appropriate agreements are not approved in a timely manner. Member Shah moved to approve a variance for an extension for Johnson's Services, Inc. 's property at 23924 US 19N, d/b/a Dunkin Donuts, with the following conditions: 1) construction plans for a permit be submitted within 60 days and 2) construction start within 90 days. The motion was duly seconded and carried unanimously. AODroval of Minutes Member Corcoran moved to approve the minutes of the regular meeting of January 24, 1 996, as recorded and submitted in written summation to each member. The motion was duly seconded and carried unanimously. New Business Mr. Chodora reported the terms of two Board members soon will expire. Chair Logan and Member Walker reported they had been contacted by the City Clerk's office and both indicated interest in continuing their service on the Board. ITEM #3 - Adiournment (tI~ "'f'J The meeting adjourned at 3: 13 p,m. ,1(~ ~ Board of Adjustment and Appeal on Building/Flood Control " mbf02.96 4, 02/14/96 ',. ..'.,., -...,~._.~.:...t.4""'",-~+",,,~,,,,.,., . -....'.-...-..,Ii...~~JoIcJ;.~..l.. ..,; (,......, ..<';~I...f..j,(_, ~ni}'~ ;~~t''''f '~j.~ ~4,f~~~...l,". ';.'.