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12/20/1988DEVELOPMENT CODE ADJUSTMENT BOARD December 20, 1988 Members present: Alex Plisko, Chairman Otto Gans, Vice-Chairman John Homer Mary Lou Dobbs Member absent: Kemper Merriam Also present: John Richter, Planning Official Miles Lance, Assistant City Attorney Susan Stephenson, Deputy City Clerk The meeting was called to order by the Chairman at 1:00 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised that anyone adversely affected by any decision of the Development Code Adjustment Board may appeal the decision to an Appeal Hearing Officer within two (2) weeks. He noted that Florida law requires any applicant appealing a decision of this Board to have a record of the proceedings to support the appeal. In order to provide continuity, the items will be listed in agenda order although not necessarily discussed in that order. ITEM A - (continued from 12/8/88) John Demetrakis and Harry Kahajas for variance of 71.88 sq ft business identification signage to permit 86.88 sq ft total signage, at 1759 Drew St, Sky Crest Unit #2, Blk D, part of Lot 2 AND Sky Crest Unit #3, Blk C, Lot 1, zoned CG (general commercial). The Planning Official explained the application in detail stating one variance for number of signs was granted on December 8, 1988, and the second variance for square footage of signage was continued to this meeting. Ron Bingham of Risser Oil, representing the owners, stated the smaller 20 inch sign letters are available, but the 40 inch letters would look better on the facia and are in keeping with Texaco's Standards of Appearance. Therefore, they are asking that the Board grant the variance as stated in the application. Discussion ensued regarding the fact that the variance was continued because the Board did not feel it was the minimum. Mr. Gans moved to deny the variance as requested since the applicant has not demonstrated that he has met all of the standards for approval as listed in Section 137.012 (d) of the Land Development Code because no unnecessary hardship was shown, it is not a minimum variance, and it would violate the general spirit and intent of this development code as expressed in Section 134.003 and 134.004. The motion was duly seconded and carried unanimously. Request denied. After doing some recalculation, Ron Bingham presented reduced signage measurements to the Board. The reduced square footage will be 41 square feet which requires a variance of 26 square feet. It was the consensus of the Board to reopen Item #A. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance of 26 square feet to permit a total of 41 square feet of signage because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, and it is the minimum necessary to overcome a hardship, subject to the condition that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM B - (continued from 12/8/88) Clinton Carter for variance of 71.88 sq ft to permit a total of 86.88 sq ft, at 1285 S Highland Ave, Forrest Hill Estates #5, part of Lot 1, zoned CG (general commercial). The Planning Official explained the application in detail noting this item is similar to Item A. Ron Bingham, representing the owners, stated they would be willing to use 20 inch sign letters rather than the 40 inch ones which would reduce the total square footage by one third. It was the consensus of the Board to continue this item to later in the meeting allowing the representative to obtain accurate sign square footage measurements with 20 inch letters. Ron Bingham presented reduced signage measurements to the Board. The reduced square footage will be 41 square feet which requires a variance of 26 square feet. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance of 26 square feet to permit a total of 41 square feet of signage because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, and it is the minimum necessary to overcome a hardship, subject to the condition that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #1 - Lark Investments for variances of 1) 35,283.6 sq ft to permit construction on 8,276.4 sq ft lot, 2) 15 ft to permit building 10 ft from rear property line, 3) 25 ft to permit construction on lot 75 ft wide at setback line, 4) 2 ft to permit landing 10 ft from south side property line, 5) 1 ft to permit loading dock 11 ft from north side property line, 6) 3.2% front yard open space to allow 51.8%, and 7) 7 ft to permit loading dock 28 ft from street R.O.W., at 344 Larboard Way, Island Estates of Clearwater Unit 5-A, parts of Lots 23, 24, & 25, zoned P/SP (public/semi-public). This item was withdrawn by the applicant. ITEM #2 - Clearwater Collections Associates, Ltd. for a variance of 27 sq ft business identification signage to permit a total of 75 sq ft of such signage, at 390 A & B U.S. Hwy 19 N, Clearwater Collection, Lots 2 & 3, zoned CPD (commercial planned development) AND AL/I (aquatic lands/interior). The Planning Official explained the application in detail stating this variance is for signage on the bank. On November 10, 1988, a variance for 3 signs was granted and a variance for 110 square feet of signage was denied. The applicant is now requesting 75 square feet total signage. Will Alexander, representing the applicant, stated they have downscaled their request to the minimum. The 14 inch letters on the signs are comparable with other sign letter sizes in the shopping center. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variance as requested because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #3 - Dean Young for variances of 1) 60 ft to permit second story addition and garage seaward of the Coastal Construction Control Line, 2) 85 ft to permit pool deck greater than 1 ft above grade seaward of the Coastal Construction Control Line, and 3) 5 ft 8 inches to permit second floor addition 30 ft 8 inches high, at 1176 Mandalay Point, Mandalay Pt Sub 1st Addn, Lots 20, 20A, 21, 21A, 22, & 22A, zoned RS-4 (single family residential). The Planning Official explained the application in detail stating the variances are for a second story addition, garage, pool and deck. He submitted a aerial photograph of the area to the Board. Harry Cline, attorney representing the owner, stated they wish to modernize the existing structure. This property was developed before the Coastal Construction Control Line and roof height requirements, so any construction would require variances. There also has been a great deal of beach accretion in the area. All construction will be within the existing footprint. The second story addition will follow the existing roofline. He feels the variances are minimal because other houses in the area have second stories. The hardships are the laws and requirements coming into effect after the house was built, and the unique property and physical surroundings. Discussion ensued between Ed Hoffman, Jr., architect for the owner, Harry Cline, and the Board regarding the pool size, houses to the north of the property, and other structures and variances on the beach beyond the Coastal Construction Control Line. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variances as requested because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, they arise from a condition which is unique to the property and was not caused by the applicant, in particular, the Coastal Construction Control Line, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #4 - 610 Island Way Development Corp for a variance of 47.53 ft to permit carports 4 ft from side property line, at 650 Island Way, Sec 5-29-15, M&B 31.012 & 31.03, zoned RM-28 (multiple family residential). The Planning Official explained the application in detail stating the variance for the carports was denied on November 10, 1988. At that time, Diamond Isle Condominiums, to the north of the subject property, objected to the carports. Since the last hearing, the applicant has worked with the adjacent condominium and reduced their request from 31 to 11 carport spaces which satisfies residents of Diamond Isle Condominium. They now support the application. Carlton Ward, attorney representing the owner, stated they were not aware, at the time of the last hearing, of the opposition from Diamond Isle Condominium. The revised plan being resubmitted at this hearing repositions the carports to have the least impact on Diamond Isle Condominium. Mr. Ward submitted a memo from the Utilities Department requiring the loss of 4 carports due to water main and utilities requirements. Don Smith, representing Diamond Isle Condominiums, spoke in support of the variance request stating the request is the least intrusive plan as far as Diamond Isle Condominium is concerned. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variance as requested because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that there be only 11 carports as per plan submitted by Mr. Ward and spaces 12 - 15 be deleted, and that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #5 - James Doran, Trustee, for a variance of 3 parking spaces to provide 9 parking spaces rather than 12 spaces required by Code, at 645 Bayway Blvd, Bayside Sub #5, Blk B, Lot 5, zoned CB (beach commercial). The Planning Official explained the application in detail stating the request is to convert a laundromat to a restaurant. Twelve parking spaces are needed. There are 10 existing spaces, but one space will be lost because of a dumpster. The existing spaces are nonconforming but they are grandfathered in until the lot is restriped or resealed. James Doran stated he purchased the property ten years ago for a car rental and retail use. The 10 parking spaces were on the site. A few years ago, he changed the use to a laundromat. He needs the parking variance because most of the people interested in the building wish to use it for a restaurant. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variance as requested because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, and it arises from a condition which is unique to the property and was not caused by the applicant, subject to the condition that a use permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #6 - Northside Square Associates for variances of 1) one property identification sign to permit two such signs, and 2) 47.4 sq ft to permit a total of 159.4 sq ft property identification signage, at 3211-3255 U.S. Hwy 19 N, Northside Square, Lot 1, zoned CH (highway commercial). The Planning Official explained the application in detail stating the variances are to place signage on an existing pole sign to identify the businesses in the retail/office center. Deborah Wilson, property manager for Northside Square, stated the location of the center is a hardship. The center is in the City limits but surrounded by Pinellas County which has lenient code regulations. The businesses in the center feel they need identification signage on U.S. 19 because they are located behind Olive Garden and Bob Evans restaurants and not visible from U.S. 19, which makes it hard for patrons to find them. Discussion ensued concerning present signage being adequate, adding to sign clutter, and Board's desire to be consistent when granting sign variances. Mr. Gans moved to deny the variances as requested since the applicant has not demonstrated that they have met all of the standards for approval as listed in Section 137.012 (d) of the Land Development Code because no unnecessary hardship was shown, they are not minimum variances, and they would violate the general spirit and intent of this development code as expressed in Section 134.003 and 134.004. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Plisko and Gans voted "Aye;" Mr. Homer voted "Nay." Motion carried. Request denied. ITEM #7 - Faith Bible Church of Clearwater, Inc. for variances of 1) 5 ft to permit addition 7 ft from east side property line, and 2) 13 ft to permit addition 22 ft from a street R.O.W., at 2177 NE Coachman Rd, Mosell Acres, part of Lot 8, zoned P/SP (public/semi-public). The Planning Official explained the application in detail stating the variances are to construct a gym/fellowship hall addition to the church. The addition will align with the existing building lines. Steve Kimball, pastor of the church and administrator of the school, stated they wish to build the addition as an indoor basketball court for the children as well as fellowship hall for church use. They plan to add to the driveway, making three lanes, one in and two out. The addition can not be placed at the back of the property because there is no plumbing and playground equipment has been set in cement. The kitchen in the front could open up into the gym/hall. They wish to obtain maximum use of the building with minimum safety problems. Discussion ensued regarding the importance of maintaining front setbacks especially along roads that might possibly be widened, reposition the addition to increase the front setback, and other designs for the entrance. The Engineering Department's comments regarding possible widening of Northeast Coachman Road were noted. It was the consensus of the Board that they had no problem with the side setback but needed more information to vote on the front setback variance. Based upon the information furnished by the applicant, Mr. Gans moved to grant variance #1 as requested because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, and it is the minimum necessary to overcome the unnecessary hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. Mr. Gans moved to continue variance #2 of Item #7 to the meeting of January 12, 1989. The motion was duly seconded and carried unanimously. ITEM #8 - Herbert Brown (Wilson Development, Inc.) for variances of 1) 2.7% building coverage to permit 27.2%, and 2) 0.5% open space for lot to permit construction of a 3511 sq ft building, at 185 U.S. Hwy 19 N, Sec 17-29-16, M&B 22.01, zoned CC (commercial center). Mrs. Dobbs moved to continue Item #8 to the meeting of January 26, 1989. The motion was duly seconded and carried unanimously. The Board recessed from 2:50 p.m. to 3:00 p.m. ITEM #9 - Belvedere Apartments of Clearwater for variances of 1) 4 ft to permit swimming pool 6 ft from rear property line, and 2) 20 ft to permit swimming pool 10 ft from a street R.O.W., at 300 N Osceola Ave, Belvedere Apts Co-op, zoned RM-28 (multiple family residential). The Planning Official explained the application in detail. Richard Miller, of Classic Pools and Spas, representing the applicant, stated they wish to construct a pool for the 24 unit complex. They have a hardship because there is nowhere else to place the pool. The area in front is used for retention and utilities. They have received approval from the Board of Adjustment and Appeal of Building/Flood Control. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances as requested because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, they arise from a condition which is unique to the property and was not caused by the applicant, and they are the minimum necessary to overcome a hardship, subject to the condition that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #10 - Branch Sunset Associates, Ltd. for variances of 5 business identification signs to permit 6 such signs, and 2) 222.67 sq ft to permit a total of 462.67 sq ft business identification signage, at 1856 U.S. Hwy 19 N., Sec 6-29-16, M&B 41.01, 41.02, 41.04, 41.05, & 41.06 AND Blackburn's Sub, parts of Lots 1 & 12, zoned CC (commercial center). The Planning Official explained the application in detail stating the signage is for a store now being constructed in the shopping center. Six signs are requested where one is allowed. The square footage being requested is 460 square feet where 128 square feet is allowed. George Marino, sign contractor representing the applicant and tenant, stated the proposed building has a red tower with the "Circuit City" signage on it. This is the focal point of the entrance. Across a long wall in front they propose to place the words "Audio," "Video," "Appliances." There is also a readerboard on the front of the store and two directional signs on the back of the store for customer pickup and car stereo installation. This is the standard sign package for Circuit City stores nationwide. Mr. Marino stated the sign package could be downscaled somewhat to come closer to the City's requirements. Discussion ensued as to the variances being the maximum and possible alternative sign packages. Mr. Gans moved to continue Item #10 to the meeting of January 26, 1989. The motion was duly seconded and carried unanimously. ITEM #11 - Jay Carpenter for variance to allow a 4 ft high chain link fence in setback area adjoining waterfront, at 612 Harbor Island, Island Estates of Clearwater Units 6D, 7A, 7C, Unit 7C, Lot 5, zoned RS-6 (single family residential). The applicant requested that this item be continued to January 12, 1989. Mr. Gans moved to continue Item #11 to the meeting of January 12, 1989. The motion was duly seconded and carried unanimously. MINUTES Mr. Homer moved to approve the minutes of December 8, 1988 in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The Planning Official reported to the Board that the fence at Druid and Phoenix has been permitted. Another fence at Druid Rd. across from Clearwater High School is in violation. A satellite dish at Drew and Ft Harrison meets code requirements. The window signs in the takeout deli on the beach exceed 15% and the owner, Clymer, is being sent a letter. The meeting adjourned at 3:52 p.m.