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APP2011-00006 Case num�ber: APP2011-00006 Agenda item : G . 1. Appellant: Avi Ovaknin, Surf West, inc. Agent: Alex Piisko, Plisko Architecture, PA Director Michael Delk, Plannin� Director CDB Meeting Date: December 20, 2011 Case Number: APP2011-00006 Agenda Item: G. 1. Appellant: Avi Ovaknin, Surf West, Inc. Agent: Alex Plisko Plisko Architecture, PA CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: An appeal of an administrative interpretation of Sections 3-913 (outdoor display/storage) and 3-1502.F.1. (exterior storage and display/nonresidential properties), Community Development Code, denying outside display at 311 Gulfview Boulevard. BACKGROUND & ANALYSIS: On August 9, 2011, it was noticed by a City of Clearwater Code Inspector that goods/merchandise were being displayed outside of the business (Surf Style) located at 311 Gulfview Boulevard. The manager was instructed that a Temporary Use Permit (TMP) was required in order to have an outdoor display of goods/merchandise. On August 1 l, 201 l, it was identified that the goods/merchandise in question had not been removed; therefore a Notice of Violation (CDC2011-01586) and a Notice to Appear (NTA) to County Court were issued. Subsequently, on September 12, 2411, a second violation (CDC2011-01875) was issued for the same property and reason. On November 18, 201 l, the aforementioned cases were heard by the (� 4 r� r4 � �lf r ��n4�t�lic �un�v� �v vv�in �:,un�y .,:,u�� a��u a gu:.�y ver..:,,� �.u� .. . On November 22, 2011, at the request of the appellants' representative, the following interpretation on outdoor display was issued: The outdoor displczy of goods is permitted as either a principle icse in the Commercical (C) or Industric�l, Research and Technology (IRT) Districts, or as temporcary retail sales and display pursunnt to Article 3, Division 21, Community Development Cocle (CDC). As defined in the CDC, temporary retail sales and displcrys rneans "any nonpermanent sales or displays which are of the same procluct and must be related with the permanent or principal use of the property. " On Clearwater Beach, the display of goods outsicle a structure/bti�ilding can only be permitted in conjunction with cz temporary use. In sum, tlie above provisions, as applied to Surf Style,prohibit the storage/display of goods/merchandise outside of the builcling unless in conjunction with an appYOVecI temporary use permit. We do not consider the area outside the building mc�in entrance to constitute "enclosecl"clisplay area. The basis of the appeal, as stated by the appellant in their application, is that the Community Development Coordinator denied outdoor display at the west entry into the Surf Style building, despite said outdoor display being on the owner's property and being surrounded by three walls Community Development Board—December 20,2011 APP2011-00006-Page 1 of 3 with a canopy above. In addition to this, the appellant also states that the appeal is of Sections 3- 913 (outdoor display/storage), and 3-1502.F.1 (exterior storage and display/nonresidential properties); however neither of the Sections are referenced in the interpretation issued by the Community Development Coordinator. The Sections referenced by the appellant are provided below: Section 3-913 Unless otherwise expressly permitted in the zoning district in which the property is located, the outdoor displczy and storage of goocls and materials is prohibited. Section 3-1502.F.1. All equipment, materials c�nd merchanclise shall be stored ancl located at all times within an enclosed structure and no exterior storage of merchandise for sale shall be permitted unless expressly czuthorized pursuant to the provisions of this Development Code. The above provisions make it clear � � '� `�� ` �� that outdoor display and storage is "`�`' �- :,, not permissible unless expressly ��. authorized within the Community ,.,: Development Code, and that ` otherwise all such goods must be ; �� , located within an enclosed structure. � �'� � �� . i =� The appellant notes that the area t.,, � �` �� '�,� � :� �� where they have goods displayed is '' within an area surrounded by three � � �<<. - ` '��- ;: walls with a canopy above (see � �'�,�� ., �' ` r ��, adjacent photos). However, this � � �: ; �°� i �� ,�� t the � �� would not seem to mee ti , definition of "enclosed." While the �'' �� '``` , ��`��'�� '�� word "enclosed" is not defined by � ` ! � the Community Development Code, according to dictionary.com, ��,;.� � � °�:,��. � "enclosed" may mean "to shut or � � �- � �� , � � � � n�,, hem in; close in on all sides: a valley enclosec� by tall mountains;" or as � � defined by Merriam Webster, "to close in: surrouncl." There would �� j �� seem little doubt that area being used �� _ for outdoar display does not '" � s� constitute an enclosed area as there is � ' � an entire side that is "unenclosed" �� `""� ��`� �� ° �'° : � �- � �� : � � � � and open to the adjacent sidewalk. � . � �t��, s,�;�, , :�" ` EDC � -` �: 5y �.� .� �n�r"�� =k°' 'i. ��':......KK..,. �4 �'jv + , � , , �� Community Development Board—December 20, 2011 APP2011-00006-Page 2 of 3 APPEAL PROCESS: The appeal from the aforementioned determination was filed on by Mr. Alex Plisko, Jr. on behalf of the appellant, Avi Ovaknin (Surf West Inc.), on November 22, 2011, consistent with the timeframe established for an appeal to be initiated in Section 4-502.B., CDC. Pursuant to Section 4-SO1.A.1., CDC, the Community Development Board (CDB) has the authority to hear appeals from orders, requirements, decisions or determinations made by an administrative official in the administration of the development code. Pursuant to Section 4-504.A., CDC, the CDB shall review the application, the recommendation of the Community Development Coordinator, conduct a quasi judicial public hearing on the application, and render a decision in accordance with the provisions of Section 4-206.D.5., CDC, granting the appeal, granting the appeal subject to specified conditions, or denying the appeal. It is noted that pursuant to Section 4-504.B., CDC, in order to grant an appeal, overturning or modifying the decision appealed from, the CDB shall find that based on substantial competent evidence presented by the applicant or other party that each and every one of the following criteria are met: l. The decision appealed from misconstrued or incorrectly interpreted the provisions of this development code; and 2. The decision of the CDB will be in harmony with the general intent and purpose of this development code; and 3. The decision of the CDB will not be detrimental to the public health, safety and general welfare. �-- ��//' Prepared by Planning and Development Department Staff: /' Michae��De � , AICP Planning and Developmen Director Community Development Board—December 20, 20ll APP2011-00006-Page 3 of 3 Resume Michael L. Delk,AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4561 michael.delk(�a,mvclearwater.com PROFESSIONAL EXPERIENCE o Planning Director City of Clearwater February 2005 to Present ❑ Community Development Director City of Temple Terrace 1994 to 2005 ❑ Planning Technician,Planner,Assistant Planner,Acting Community Development Director City of Casselberry,FL 1985 to 1994 Over 20 years of experience as a practicing planner. Over ten years in a management position. Management responsibility for Planning and Development, Building, Permitting, Code Enforcement, Minimum Housing Code, Housing Rehabilitation Program, and Geographic Information System. Experience in current planning,long range planning. EDUCATION Master of Public Administration,University of Central Flonda, 1992 Bachelor of Science, Urban and Regional Planning, Missouri State University (Former Southwest Mo. State Univ.), 1984 Pi Alpha Alpha—National Honor Society for Public Affairs and Administration LICENSES/CERTIFICATES/MEMBERSHIPS AICP (American Institute of Certified Planners) American Planning Association Urban Land Institute Congress of New Urbanism APA City Planning and Management Division APA Economic Development Division APA New Urbanism Division Tefft, Robert From: Delk, Michael Sent: Tuesday, November 22, 2011 1:30 PM To: 'archp' Cc: Tefft, Robert; Clayton, Gina Subject: RE: Outside Dispiays INTERPRETATION ON OUTDOOR DISPLAY The outdoor display of goods is permitted as either a principle use in the Commercial (C) or Industrial, Research and Technology (�RT) Districts, or as temporary retail sales and display pursuant to Article 3, Division 21, Community Development Code (CDC). As defined in the CDC,temporary retail sales and displays means "any nonpermanent sales or displays which are of the same product and must be related with the permanent or principal use of the property." On Clearwater Beach, the display of goods outside a structure/building can only be permitted in conjunction with a temporary use. In sum, the above provisions, as applied to Surf Style, prohibit the storage/display of goods/merchandise outside of the building unless in conjunction with an approved temporary use permit. We do not consider the area outside the building main entrance to constitute "enclosed" display area. Michae) L. Delk, AICP Planning and Development Director City of Clearwater, Florida 727-562-4561 727-562-4865 fax michael.delk@mvclearwater.com From: archp [mailto:archp@verizon.net] Sent: Monday, November 21, 2011 10:05 AM To: Delk, Michael Cc: Ovaknin Gili Subject: Outside Displays Michael, Are 3-1502.F.1 and 3-913 the only ordinance sections that that define outdoor displays in the T district? Please provide a written interpretation on when outdoor displays are acceptable by you as the administrator of the Community Development Code. I will need this info for presentation to the CDB hopefully in December. Iilteresting article in the Sunday St. Pete Times. Alex Alex Plisko Plisko Architecture,P.A. 1 � Planning&Development CASE#: �� 000�0 ° Clearwater Department DATE RECEIVED: l 'L l 100 South Myrtie Avenue RECEIVED BY(staff initial ): _ Clearwater. Florida 33756 Te l e pho ne:727-562-4567 Fax:727-562-4576 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APP�ICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION ❑ APPEAL TO THE COMMUNITY DEVELOPMENT BOARD-RESIDENTIAL 5100.00 �APPEAL TO THE COMMUNITY DEVELOPMENT BOARD—NON-RESIDENTIAL 3250.00 ❑ APPEAL TO HEARING OFFICER$500.00 APPEAL APPLICATION Lz�'el One�i��l Lecel T��o Re�iz�cs(Rz�iseil tU'7?Ill l l �PLEASE TYPE OR PRINT� APPLICATIONINOTICE OF APPEAL(Code Section 4-502.A 8 B) Section 4-502.A:An appeal of a Levei One approval(Flexible Standard Development)may be initiated by a property owner abutting the property which is the subject of the approval within seven days of the date the Development Order is issued. The filing of an application/notice of appeal shall stay the effect of the decision pending the finai determination of the case. The hearing before the Community Development Board shall be scheduled at the first available meeting of the Board(sufficient to provide notice under Section 4-206)and may be continued at that meeting of the Board so that the Board may receive more information, clarification.or research. The Community Development Board shall render a decision at the meeting but not later than 70 days from the receipt of the notice of appeai, unless the parties by mutuai consent extend the time frame for the Board's decision until a subsequent meeting. Section 4-502.8: An application/notice of appeal of appeal of any decision of the City. as provided in Section 4-501, may be initiated by'the applicant or any person granted party status within 14 days of the decision. Such appiication shall be filed with the City Cierk in a form specified by the Community Development Coordinator identifying with specificity the basis for the appeai and accompanied by a fee as required by Section 4- 202.E. The filing of an appiication/notice of appeal shall stay the effect of the decision pending the final determination of the case. A. APPELLANT AND AGENT INFORMATION: APPELLANT NAME:_____��1'" ��`7� ��G �V( �V A�}� j O✓ MAIUNG ADDRESS: "I �O� �� (/v ��/ ��w ��L�l�«od.D �v � ° D`� � PHONE NUMBER: �f �� w ��"'``"� FAX NUMBER: � ✓�� /�� / � � AGENT NAME: p�'I�I�O �� G��/� ��C� � �7 ` " �iG X �L C /K � MAILING ADDRESS: (rJ D� f//`�V`'� �7 I G(��-I�(�/i � �(r �� PHONE NUMBER: l �7 � �� v� FAX NUMBER: � v� " ��' � �� J v B. APPEAL INFORMATION CHECK THE SPECIFIC APPEAL: Appeais to the Communitv Development Board ❑ Level One(Flexible Standard Development and Minimum ❑ Orders,requirements,decisions or determinations made by Standard)approval decisions an administrative official in the administration of the ❑ Denials of any permit or license issued under the provisions of Community Development Code.except for enforcement the Community Development Code �actions ❑ Any denials deemed to have occurred as result of the failure Administrative interpretations of the Community Development of the Community Development Coordinator to act within the Code time limits provided in this Community Development Code Page 1 of 2—Appeal Application(Level One and Leve�Two Reviews)—City of Clearwater 4 Appeals to a hearrnq officer ❑ Decisions of the Community Development Board regarding Level Two approvals ❑ Decisions of the Community Development Board regarding Level One approvals ❑ OTHER(as ailowed by Code) ADDRESS OF SUBJECT APPEAL(if applicable): SPECIFIC CASE NUMBER TO BE APPEALED(if applicable): DATE OF DECISION: C. BASIS OF APPEAL: Explain in detail the basis for the appeal.Use additional sheets if necessary. 5 Cd 1�� //�/G �S �PP�RL i�lC� �C �DM�n��5 i/�A i�� I,r-� T��2E i A Tl o� o� oK I�i��vG� � 3-�13 o u ,-Poo� t7�5�'G./��/�,i o/��kC-�� p�e�D 3-��d2. F. / ��X i�r2�o�2 �vRA�Co� A N!� ��h��`f�/�lOx�t��,r TJ��I 1//�L �/�O�'E�T/� TA6 �LAti-I ,G�p P'1�lJ(9%2W Tb(� JEI�I!E� DU T�t t�� /5 PC.l4� �kT' i�E�[�S, E��n-�{ r� 5��zF �rY��'. 7'l�E o Nrs�� !,�/yPG�`� /5 0� �6 Dwn��2_` 5 �i2�1°�� A�D � 5 �, �R��NeG t� �`� TFtRE� 1+`�.4LL S �r �t tti ��va �4r3�✓� . �R�P�n..T"� N�r�R� 5 5 3 �l C��.� �L� G��Lv,�'r�t2 ��Gh� � � D. SIGNATURE: I. the undersigned. acknowledge that all representations made in this STATE OF FLORIDA,COUNTY OF PINELLAS application are true and accurate to the best of my knowledge. Sworn to and subscribed before me this ]�5�h day of �a,i e.,.,�.�,- 201 ( to me r by /-� i�u Qli� �c�.J� who is ersonally known`,�has produced as identification. � �. ^ -----��,_ � � Signature of property owner or representative Notary pu lic, ,( /�x f�G l��/.�� My commission expires: I�__� _�V r � �C(�i ( ' •,�:�^v�;.. CLAI�DIA BINNS :�� = Commission#EE 133442 :��o: Expires October 2,2015 � '%�;,p��,�.P` Ba!ded Tiru 7roy Fain k�v►ar�ce 80a38S7ot9 S IPlanning DepartmentWpplication FormslDevelopment Revie�-v12010 Forms updated with new Department namelAppeal Application 5.2010.docx Page 2 of 2-Appeal Application(Level One and Level Two Reviews)-City of Clearrvater