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06/25/1998 (2) ., '~~~'J:' . I. " ',+. , , ) l. . . . <' :c"c . '~"'J 'Joh\\1~fl:,:,,'._;;~.:~,:.';';.;~~'I'.::!.~.I;~~l~:~::'I \~z~~~:'~;..::~i\';'.'~~,~ ,l' . " . cOj. : ~: { '::,':.:' ~': ::.: . : '.., ( .." .... . ':: ;,.:,\..,. ~. . ...... ' .>' ~ ~.' 1 , '. . , J. :f . j' ,I ,~ " i ...~~~"i' .1: .f. !.: , l", 'l ,C \) .:i" ~ ~ . , >;. , . DCAB .. " I' . i " " ". Development Code Adjustment Board Minutes I :, " ~ ' ';"0' ..' ~~.\ ., ,. c Date J/5 .,' ,', ., ". I. '. ,. Or" ; , ; .." '- . . ~ . > . . /)~.'/: ' ". "D ;. .~ 1.. ~ 1 ~: ;.'.'< .c , , " , , , . ,: . ~ ,',,'. .'~ . , " " . .. '~ DEVELOPMENT CODE ADJUSTMENT BOARD ~ ACTION AGENDA CITY OF CLEARWATER June 25, 1998 Call to Order at 1 :00 p.m., Pledge of Allegiance, and Invocation ITEM itA - Time Extension Reauests - None. ITEM #8 - Continued Variance Reauests C 1 ) James E. Tsourll for a structural setback variance from a street right-of-way of 14 feet to permit an addition 11 feet from a street right-of-way where a 25 feet setback is required at 1361 Park ~J., Overbrook Sub, Blk 6, Lots 1 & 2, zoned CG (General Commercial). V 98-48 ACTION: Granted as requested subject to conditions: 1} variance based on 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 and 2) the requisite building permit shall be obtained within one year. ti.,.:\ I,~!.l-t' C2) Americana Gulf Motels. Inc. (Surfing U.S.A./Michael's on the Beach) for the following variances (1) a side setback variance of 5 feet to permit a building 7 feet from a side property line where a setback of 12 feet is required; (2) a lot open space variance of 9 percent to allow 16 percent lot open space where 25 percent is required; (3) a perimeter landscaping variance to allow zero landscaping for portions of buffer along north and south property lines where a 5 feet landscaped strip is required; (4) a front yard open space variance of 4 percent to permit 46 percent front yard open space where a minimum of 50 percent open space is required; (5) a lot width variance of 82 feet to permit construction on a lot 68 feet wide at the setback line where a lot width of 150 feet is required; and (6) a variance of 1 parking space to allow 5 parking spaces in lieu of the 6 parking spaces required at 411 S. Gulfview Blvd., L1oyd-White-Skinner Sub, Lot 74 and part of Lot 75, zoned CR 28 (Resort Commercial). V 9849 ~ ACTION: Granted as requested except variance (3) modified to read "a perimeter landscaping variance to allow zero landscaping for portions of buffer along North Property line eastward from the one-story building that encroaches on this applicant's property to the east property line where a 5Nfoot landscaped strip is required" subject to conditions: 1) variance based on application for a variance and documents submitted by the applicant, including maps, plans~ surveys, and other documents submitted in support of the applicantts 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 issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater beach.; and 4) uses of the building to be limited to retail sales. adc06b98 1 06/25/98 I i I i I I I I 1 I \ '.~' \.'j j. .,' "',' . '" , \'.' , I . . .... : " \ . " ". '. " ,. . . .... . . ",' ,'. '. '.. . " , I .~. ~ . t' , I . ;' .. . . :,: ~ :- ~~:::i:;'\~'~)};~:1)'W~(;;:::~;(W)(,{:;;:,"'Ci:j:'.. !.~,:;. .... t> '~, . ~, : .~ ~: , ~\/,~.~ '..'" . ; I ; ~ . do'. '.:., ~::: ~ /::; :' .1 ., ' . , >~'Cb,. ,', , J '.' .: >:.". ' i," .'l,.J'. E.... . .c.... i.' , ~, . f. . ~ J;.> .~ ~:,.: :, ~ ~:,' ~'I' ". >, . i'..:.....:. j. :02>;.,:, r~;:\." .~" ~':::"< ';.""~ , 0:;'. . ,; '. . "" . 1; ,~~... . '. ' J..;~.'''' 1::\',:..:-,. :::t':i.:'" l'I'c. ::~r:. ;,,1,:, . ;. ; ~ . :: [%t( ti,n '. ~::'(" ~:j~c. iP.\." . t'(l: ~;~'. . 1.... " !{.:- : :";T>. , ' " .'\ ~ c , ? .: ~ ~" + ]. . }':' I:: . .:' \': ,. "~I , 'I' . t.:. ~. .' ;' ,~r-'i.t. ~. I ~. - . ~~ \ " ': ~. L :,. !..t" ~{, .'. , " ....c .> .... /. I ". ~ ,'. .~ , . j..: ", ..' ITEM He New Variance Reauests None. . :", Land DeveloDment"Code AmendmentQ Aooroval of Minutes. June 11, 1998 - Approved as corrected. ITEM liD None. ITEM liE ITEM ifF -.Board & St~ff Comments - ,Discu,ssion. 'Adjournment - 2:36 p.m.. .;> " ". \. I I .1 d' " .l: , " .' t , I f I ". " " " ,,' ",,'. . ; !f' I' , .. , , ". .1 " , , " " .1 ,', 'I ,:l "1 .1 .. . ~ " adc06b9B , . 2 06/25/9B I ,1'c', ~"': t, '.,. " '." ,'" ,:. .:", ,,' ',. . "i, i'. '. " , ;,~~ ::i ;'.; '. '. ': .' ,:..: ,.' . ': . . :'. '.c,: ::;;~,. },:. ::i. ': :.}~;::>:. _~I1i\"\'i..,;" """e "",0\\: """"l",,.v.'. . ""'" ",~";,,,;',,;, '~l!!';'?,!r";,,:, '.'./ Jt,' ",>;,: ii';;: : .;k: i.' ,;", i'i/li"C';".1 ,','" ii, ".. . "'i 'r .;.. '.) ,J.,;I "":"i.;i1 't!~'i;;,!.11",';\ i);:. ':~2':r<:':; .;' .,:',~. .,' '; '. , .' ", ., ,.... ?">'.,1."""o,o:A..,.) l;;."vn ',;;"?~"~,T<';"r.."":':"""""""",,,~,,,,, ',.'~', , " DEVELOPMENT CODe ADJUSTMENT BOARD MEETING CITY OF CLEARWATER June 25, 1998 Present: William Schwab William Johnson Mark Jonnatti Ron Stuart Shirley Moran Leslie Dougall~Sides John Richter Patricia O. Sullivan Chair Vice-Chair Board Member Board Member Board Member Assistant City Attorney Senior Planner Board Reporter The Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, review of meeting procedures, and explanation of appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #A . Time Extension Requests - None. ITEM #B - Continued Variance Requests - None. "0\ (;~tl ITEM hC - New Variance Reauests C 1) James E. Tsouris for a structural setback variance from a street right-at-way of 14 feet to permit an addition 11 feet from a street right-of-way where a 25 feet setback is required at 1361 Park St., Overbrook Sub, Blk 6, Lots 1 & 2, zoned CG (General Commercial). V 98- 48 The building and lot are small. The proposed addition will extend no farther into the setback than the current structure. The addition will be in character with surrounding development as many neighborhood structures do not adhere to current setback requirements. Staff feels approval of the requested variance will not adversely affect this neighborhood. Senior Planner John Richter indicated the 875-square foot addition will be used as an art gallery and will double the building's size. James Tsouris, owner, said the building would look odd if the setback is observed. He is now an artist and wants to display his own work in the gallery. No letters or testimony of support or opposition were received. Member Jonatti moved to grant the variance as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the Land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's variance request. Deviation from any of the above -J mdc06b98 1 06/25/98 .~ ~ documents submitted in support of the variance request regarding work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect and 2) 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} Americana Gulf Motels. Inc. (Surfing U.S.A./Michael's on the Beach) for the following variances (1) a side setback variance of 5 feet to permit a building 7 feet from a side property line where a setback of 12 feet is required; (2) a lot open space variance of 9 percent to allow 16 percent lot open space where 25 percent is required; (3) a perimeter landscaping variance to allow zero landscaping for portions of buffer along north and south property lines where a 5 feet landscaped strip is required; (4) a front yard open space variance of 4 percent to permit 46 percent front yard open space where a minimum of 50 percent open space is required; (5) a lot width variance of 82 feet to permit construction on a lot 68 feet wide at the setback line where a lot width of 150 feet is required; and (6) a variance of 1 parking space to allow 5 parking spaces in lieu of the 6 parking spaces required at 411 S. Gulfview Blvd., L1oyd-White-Skinner Sub, Lot 74 and part of Lot 75, zoned CR 28 (Resort Commercial}. V 98-49 -~~ ''"-0:,< ('..~ , ;.:'{~~ Several factors make this lot difficult to redevelop: 1) it's small size of approximately 7,000 square feet; 2) the neighboring hotel's laundry room encroaches on this property's North side; 3) the lot's shape is irregular; and 4) there is no opportunity to acquire additional land. Staff feels the variances are reasonable accommodations and the proposed redevelopment will enhance the appearance of this property and the neighborhood. Mr. Richter said the owner plans to raze the current gift shop and construct an 1,800 square foot building. In response to a concern, Mr. Richter said the 2 staff comments that do not support the variances only relate to concerns regarding the parking lot's layout and the landscape buffer. He said it would be difficult to provide a buffer and driveway that meet code. In response to a concarn, Mr. Richter said the stairs and structural elements in front of the building meet code. In response to a question, he said the property currently has 6 parking spaces. Robert Herberich, representative and architect, said project plans first were sUbmitted for a building permit in December 1996. He said problems related to the narrowness of the lot affect parking. The concrete parking lot constructed in the 1990s remains in good condition. While code requires the driveway be 24-feet wide, the current drive is only 10. feet wide. He reported at an October 1, 1997, meeting with staff regarding plans for a 1,500 square foot building, the Central Permitting and Engineering departments had approved a 20-foot wide driveway. He said the number of parking spaces was reduced to meet ADA (Americans with Disabilities Act) requirements for handicapped parking. All spaces will be in the rear to eliminate back-out parking. The building's size was increased by only 300-square feet to minimize the structure's impact on neighboring properties. The increased size is necessary due to ADA requirements for handicapped bathrooms. ~, mdc06b98 2 06/25/98 Mr. Herberich reviewed added costs related to incorporating the tropical seascape theme. He did not think the cupola will block the view of guests at neighboring hotels. He ~ said guests of the abutting hotel to the South could not view required landscape buffering due to an elevation change. He stated the stairs in front of the planned structure will be at the same elevation as the existing building. The sidewalk will be sloped for wheelchair access. A trash room constructed in the rear will hide trash cans. In response to staff concerns, the lease agreement forbids on4site vending machines. He expressed interest in working with the City's landscape architect regarding the sand dune. The amount of landscaping on the property will be increased. Most of the retall store's traffic is "walk-in." The store will be operated by the current tenants and owners. Betty Veley supported the variances, indicating the changes will upgrade and greatly improve the building's appearance. Harry Cline, representative for the owners of the Aegean Sands, complimented the design but opposed the requested variance for landscape buffer on the property's South side. He indicated the property owner also owns the hotel property to the North and suggested if the owner obtained a unity of title for the entire property, the proposed building could be constructed 7 feet to the North, reducing the number of necessary variances. He felt a 24- foot wide driveway is not necessary. Mr. Cline exhibited a survey that indicates the property currently encroaches onto the Aegean Sands property by 0.7-foot and requested that concrete be removed. Mr. Cline requested the building's use be limited to retail to avoid future uses as a fast foot restaurant. He also requested the pitch of the roof be modified. In response to a question, he supported the use of sidewalk planters approved by the ;l;\.~), ORB (Design Review Board). In response to a question, he said the 1991 deed of (:!:;., conveyance covered both the subject property and the property to the North. The properties are listed separately on the tax rolls. In response to a question, he said the Aegean Sands maintains the grassy area on Gulfview Boulevard as open space. Guests rarely use the space. No documentation of support or opposition was received. .. Mr. Herbarich said landscaping between the driveway and building is important to protect the building from vehicles. He noted the Aegean Sand's pool deck has no landscaping on its side of the wall. He preferred not to redesign the pitch as the change would obscure the view of the roof from ground level. He said the owners plan to operate a retail shop, only. The owners do not want to obtain a unity of title. Assistant City Attorney Leslie Dougall.Sides said the previous owner had used one instrument to convey the two separate parcels. The lots were platted separately. Concern was expressed regarding plans for the lot's South side. It was recommended the driveway's width be reduced so that landscaping could be installed. In response to a question, Mr. Cline said his request for additional landscape buffering was to improve the look of the beach, not to benefit Aegean Sands' guests. Discussion ensued regarding driveway widths on Clearwater beach. Concern was expressed regarding the stairs proposed for the front of the building. It was recommended staff approve a variance if the stairs do not meet code. Ms. Dougall-Sides stated the board cannot approve a variance that was not processed nor advertised. The consensus of the board was to accommodate the steps and planters as depicted on the i I \ [ i \ mdc06b98 3 06/25/98 \ '. ", ". Members indicated they could not support the entire motion. The motion and second were withdrawn. ~ plans. Concern was expressed regarding parking limitations on the beach. It was felt the retaining wall should be landscaped with a 5-foot buffer. It was felt the West property line also needs adequate buffering. It was recommended landscaping extend North from the existing building next to the handicapped ramp and abutting the Aegean Sands. Member Johnson moved to grant variances (1), (2), (4), (5), and (6) as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the Land Development Code and to modify variance (3) to read a perimeter landscaping variance to allow zero landscaping for portions of buffer along north and south property lines where a 5 feet landscaped strip is required a side setback variance of 5 feet to permit a building 7 feet from a side property line where a setback of 12 feet is required, subject to conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this. variance being null and of no effect; 2) requisite building permit(s) shall be obtained within one year from the date of this public hearing; 3) prior to issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater beach; and 4) uses of the building to be limited to retail sales. The motion was duly seconded. ('''',\ .;~,~~j1 Member Johnson moved to grant variance (1) a side setback variance of 5 feet to permit a building 7 feet from a side property line where a setback of 1 2 feet is required, as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the Land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect; 2) requisite building permit(s) shall be obtained within one year from the date of this public hearing; 3) prior to issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater beach; and 4) uses of the building to be limited to retail sales. The motion was duly seconded and carried unanimously. Member Johnson moved to grant variance (2) a lot open space variance of 9 percent to allow 16 percent lot open space where 25 percent is required, as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the Land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect; 2) requisite building permit(sl shall be obtained within one year <~ mdc06b98 4 06/25/98 , , ! r I I . t I , i Member Johnson moved to grant variance (3) as modified to read a perimeter landscaping variance to allow zero landscaping for portions of buffer along north and south property Iin~s where a 5 feet landscaped strip is required, as amended because the applicants have substantially met all standards for approval as listed in Section 45.24 of the land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect; 2} requisite building permit(s) shall be obtained within one year from the date of this public hearing; 3) prior to issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater beach; and 4) uses of the building to be limited to retail sales. The motion was duly seconded and carried unanimously. 1'1 from the date of this public hearing; 3) prior to issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater beach; and 4) uses of the building to be limited to retail sales. The motion was duly seconded and carried unanimously. Member Johnson moved to grant variance (4) a front yard open space variance of 4 percent to permit 46 percent front yard open space where a minimum of 50 percent open space is required, as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the land Development Code, subject to c:~,~;~ conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect; 2) requisite building permit(s} shall be obtained within one year from the date of this public hearing; 3) prior to issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater beach; and 4) uses of the building to be limited to retail sales. The motion was duly seconded and carried unanimously. Member Johnson moved to grant variance (5) a lot width variance of 82 feet to permit construction on a lot 68 feet wide at the setback line where a lot width of 1 50 feet is required, as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect; 2) requisite building permit(s) shall be obtained within one year from the date of this public hearing; 3) prior to issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater beach; and 4) uses of the building to be limited to retall sales. The motion was duly seconded and carried unanimously. .) mdc06b98 5 06/25/98 ~ Member Johnson moved to grant variance (6) a variance of 1 parking space to allow 5 parking spaces in lieu of the 6 parking spaces required, as requested because the applicants have substantially met all standards for approval as listed in Section 45.24 of the land Development Code, subject to conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect; 2} requisite building permit(s) shall be obtained within one year from the date of this public hearing; 3) prior to issuance of the building permit, applicant shall meet with Central Permitting staff to review tropical seascape design criteria for Clearwater, beach; and 4) uses of the building to be limited to retail sales. The motion was duly seconded. Members Johnson and Jonatti and Chair Schwob voted "Aye"; Member Stuart and Moran voted "Nay." Motion carried. Mr. Herberich questioned jf he could still construct a 20-foot wide driveway. It was noted the required 5-foot buffering would require City approval to narrow the drive to 5 feet or require the building be moved. Mr. Herberich said he had tried to maintain 2-way traffic. Consensus was to support a 15-foot wide driveway. (Uh':\ ~I~~f' ITEM #0 - Land Develooment Code Amendments - None ITEM HE - Approval of Minutes Member Moran moved to approve the minutes of the regular meeting of June 11, 1998, as recorded and submitted in written summation to each board member. Member Jonatti referred to page 3, paragraph 6, and indicated he had made the motion. Member Moran moved to approve the minutes of the regular meeting of June 11, 1998, as amended. The motion was dUly seconded and carried unanimously. ITEM #F - Board & Staff Comments Order - re VR 98-39, Scott & Ruth Hale/LCC International, Inc., Applicants Ms Dougall-sides reviewed the Telecommunications Act procedure related to an order. In reference to the final page of the draft, it was noted the member had indicated opponents' concern regarding safety issues had not been supported. Ms. Dougal1~Sides will amend the order to reflect that change. In response to a question, Mr. Richter indicated staff had felt the original application had not met all standards for approval. It was felt the application had met none of the standards. "_.) mdc06b98 6 06/25/98 ...'," " "". . '~ .' ,", .,:" ".: :'.:-::. ~', "', (; ',', ': _ " ':: : ' _ :,:(,;".,' ,: ::~""; ';;,:::,,:i::;:,);~;);''.,'::,: ,- .,1, . .. ,'. ", '., \ I I', ..J rl I'...., I " ..', . '., . . . " I. . . ..' , '" .', .' . .. . ~ ..' , ' ". '~~~::.;~{::;X:~:';:,:':i>:,t,:,.:,..t:\:; '<;;:,>,>;.:: ." ';'::. '..:'~. 1" " : ;..,. " ":!.:" "'~:" .' . '~~\' In response to a question, Ms. Dougall~Sides said the results of last week's meeting between staff and FOOT (Florida Department of Transportation) regarding collocation on FOOT property have not been reported. , . Member Johnson 'moved to adopt the order related to VR 98~39, Scott & Ruth Hale/Lee International, Inc., Applicants, as amended. The motton was duly seconded and . carried unanimously. :, . ~,-... . ,I.: ..~, . . .~ ,. . , . , . ,', . ~ .~ "', ~ ". / ~Y". : /,"' " . ~. .~ . . Ms. DougaU-Sides indicated a decision regarding the Curry Case should be reached in 30 days. " ., Adiournment '. "l' The meeting adjourned at 2:36 p.m.' .'-~l(J~ Chair '. . Development Code Adjustment Board "T,:' . ~. . '. ' ~:;: . ,':' '. . t'.;>.'.' ~~;").'. . ,.~..'. . ~y.:.>I'> ", ,.... . ~~ ~~ .' ~".,; 'I ~:I. i'~ ' :....,~ ':'<\'J " . .. '. I .' '" . , , '. ii' \. ." mdc06b~8 7 06/25/98 .. ""'I....... ~.. ~"'.":T~....;t.~ ",'1- :;<.:-.:~.. . . . . :" ~'\'f".;\, ; ~~i~ t.~ '~lt~ ~~. ;'.\ l:;o):' . ~.!.j}:4:~::';'.~~ .~ 't" :. ~ ::' '."" \ ;', . ..~"