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05/26/1988 Book 3 1\FE DEVELOPMENT CODE ADJUSTMENT BOARD May 26, 1988 Members present: Alex Plisko, Chairman Otto Gans, Vice Chairman Mary Lou Dobbs Kemper Merriam Member absent: John Homer (excused) Also present: John Richter, Planning Official Miles Lance, Assistant City Attorney (arrived 1:11 p.m.) 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  (continued from 5/12/88) Automanage, Inc for a variance of 33 sq ft of business identification signage to permit 48 sq ft, at 505 U.S. 19 N, Sec 82916, M&B 33.02, zoned CH (highway commercial). The Planning Official explained the application and stated the request is for a business identification sign for the Mitsubishi dealership which is one of two dealerships located on the property.! Lee Haas, attorney representing the applicant, stated the request is for a dealership identification sign, not a product identification sign. A sign permit for the other dealership was issued 10/27/87 by Carol Cicero. The sign they are now requesting is to be placed on a separate building for a separate dealership.! The Planning Official stated that previously, the property was looked at as one property being used as a commercial complex and a permit was issued on that basis. Since then, there has been a change of intepretation by the Legal Department that the Toyota and Mitshubishi dealerships are separate properties. Because of this, they are only permitted a 15 square foot sign. ! Mr. Haas stated the applicant has met with staff and has decided to replat the property. It will be split into three separate parcels as a third dealership is proposed to be placed on the property and they were informed no signage could be granted for the third dealership without replatting. He stated it is a hardship to the applicant to be denied the variance because other dealers have larger identification signs and his client's building is set considerably back from the road. ! Because the applicant has failed to demonstrate a necessity for the variance, Mr. Merriam moved to *deny* the variance as requested because there is no condition which is unique to the property, no unnecessary hardship was shown, it is not a minimum variance, and it violates the general spirit and intent of this development code as per Section 134.003 and 134.004. The motion was duly seconded and carried unanimously. Request *denied*. ! ITEM #1  Ralph O'Brian for variances 1) of 2 ft to permit pool 13 ft from rear property line and 2) of 5 ft to permit pool enclosure 10 ft from rear property line, at 1954 Oak Ridge Ct, Oak Ridge Court Estates, Lot 5, zoned RS2 (single family residential). The Planning Official explained the application. The parcel is in a small subdivision with private roads that was platted in March, 1987.! Brian Fisher, representing the applicant, stated it is a pie shaped lot with an existing house. He has checked with abutting property owners and they have no problem with the pool and enclosure. The pool is approximately 17 feet wide.! Based upon the information furnished by the applicant, Mrs. Dobbs moved to *grant* variance #1 as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition which is unique to the property because of the shape of the property and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within 6 months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Merriam and Plisko voted "Aye;" Mr. Gans voted "Nay." Motion carried. Request *granted.* ! Based upon the information furnished by the applicant, Mr. Merriam moved to *grant* variance #2 as requested because the applicant has clearly 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 due to the particular physical surroundings, shape or topographical conditions of the property involved, subject to the condition that a building permit be obtained within 6 months from this date. The motion was duly seconded and carried unanimously. Request *granted.* ! ITEM #2  Oxford/Concord Investment No. 1 for a variance of 1.5% open space for lot to allow 23.5% open space, at 2351 U.S. 19, Cypress Point Shopping Center, Lot 1, zoned CC (commercial center). The Planning Official explained the application and stated the request is to pave the storage area behind the Home Depot store in the Cypress Point Shopping Center. In January, the Board approved a variance for an 8 foot high fence to enclose this area.! Nathan Hightower, attorney prepresenting the applicant, stated the fence will be 8 feet high with a landscape buffer between it and Main Street. At the time the variance was granted, they were unaware that the concrete pad would affect open space. They will use pervious type concrete and the drainage system will be moved. The adjoining property owners are in support. They feel 3,000 square feet, which is the size of the pad allowed without a variance, will not provide enough storage space. They need the variance in order to have sufficient storage area and the fence will enclose the area. ! Discussion ensued regarding the merits of giving up green space for outdoor storage. There was also some question as to whether there is a hardship.! The Planning Official stated open space is required under the Code for both aesthetics and groundwater recharge.! Because the applicant has failed to demonstrate a necessity for the variance, Mr. Merriam moved to *deny* the variance as requested because there is no condition which is unique to the property, no unnecessary hardship was shown, and it is not a minimum variance. The motion was duly seconded and carried unanimously. Request *denied*. ! ITEM #3  James Cox for variances 1) of 12 ft to permit 4 ft high berm wall to encroach into setback area adjoining waterfront and 2) of 12 ft to allow deck (4.5 ft above grade M.O.L.) 3 ft from rear property line, at 441 Palm Island N.E., Island Estates Unit 6B, Lot 94, zoned RS6 (single family residential). The Planning Official explained the application and stated tbe variance is needed because the deck height requires that it meet the setbacks. ! Jim Cox stated the pool is only 10 feet wide and 4 feet deep because he wished to keep the variance needed to a minimum. He has spoken with his neighbors and they have no problem with his plans. ! The Building Official, by written comment, pointed out that a railing will be required. ! The Planning Official, in response to a question, stated this railing would not be considered a fence or wall.! Based upon the information furnished by the applicant, Mr. Gans moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition which is unique to the property and was not caused by the applicant, and it is the minimum necessary to overcome an unnecessary hardship, subject to the condition that a building permit be obtained within 6 months from this date. The motion was duly seconded and carried unanimously. Request *granted.* ! ITEM #4  Sand Key Associates, Ltd for a variance of 520 ft (M.O.L.) to permit a 20 ft by 50 ft fence area seaward of Coastal Construction Control Line in OS/R zone, at 1160 Gulf Blvd, Sec 172915, M&B 33.01, zoned CR28 (resort commercial) and OS/R (open space/recreation). The Building Official, by written comment, stated the applicant will need approval from the State in order to proceed.! The Planning Official stated the request is to erect a 5 foot chain link fence on the beach.! Dennis Kellenburger, Executive Director of the Clearwater Marine Science Center, representing the applicant, stated they have a permit from the Department of Natural Resources to establish a turtle hatchery. The beaches have been impacted by development and it is necessary to relocate the nests of sea turtles. They have found that temperature is a determining factor in the sex of the turtles and because of this, most turtles hatched inside are males. Having a hatchery on the beach will maintain the temperature naturally. They will take the fence down in October. When asked why they did not use the public property adjacent to this parcel, he stated they felt there would be less activity on the private property.! Based upon the information furnished by the applicant, Mrs. Dobbs moved to *grant* the variance as requested because the applicant has clearly met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition which is unique both to the property and to the project for which this variance is being applied, and it is the minimum necessary to carry out the project, subject to the condition that the variance will be through October, 1988, and that a fence permit be obtained within *one month* from this date. The motion was duly seconded and carried unanimously. Request *granted.* ! ITEM #5  Morton Plant Hospital and Metco Real Estate and Insurance Co for variances 1) of 1 building identification sign to permit 2 such signs and 2) of 92.37 sq ft to permit 132.37 sq ft of building identification signage, at 1220 S Ft Harrison Ave, bounded in part by Jeffords St, Ft Harrison Ave, Druid Rd, and the Clearwater/Belleair City limits, Bluff View Court, Lots 13, 715, 17, 1921, 2636, and parts of Lots 16, 18 & 25; Reynolds Sub, Lot 9; Westover Sub, Blk A, Lots 122; Sec 212915, M&B's 12.04, 12.05, 12.06, 12.07, 12.09, 12.10, 12.11, 12.12, 12.13, 12.14, 12.14A & 12.15 AND vacated part of Sadler St, zoned P/SP (public/semi=public). Mr. Plisko stated he had a conflict of interest with regard to this item.! The Assistant City Attorney left the meeting at 2:30 p.m.! The Planning Official explained the application in detail.! Emil Marquardt, attorney representing the applicant, stated there are two identification signs proposed for the building. One will be on the south side of the building and the other at the northeast corner of the Imaging Center building. They feel the signs are necessary so people will know which building is the Imaging Center. The size was based on what was required in order for people to read the signs. They will be backlit at night and the temporary signage will be removed. In response to a question regarding shortening the name Morton Plant Health Services, Inc., he stated it is important legally that this be shown as a separate entity from the hospital itself. ! Doug Dalhauser, VicePresident of the hospital, verified the location of the signs and stated it was the sign company that recommended the location on the building. The building is situated on a busy intersection and Pinellas Street will be widened when the parking project is completed. In response to a question as to why a sign was not placed on the canopy, he stated it was their decision not to due so. Because there was some concern regarding whether there was a hardship, he stated Morton Plant Health Services, Inc. is only on one of the signs and he does not feel their board felt strongly about their name being on the building. He expressed a willingness to work with the City in order to reduce the variances. ! The Assistant City Attorney returned at 2:55 p.m.! Based upon the information furnished by the applicant, Mr. Gans moved to *grant* variance #1 as requested because the applicant has clearly 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, subject to the condition that a sign permit be obtained within 6 months from this date. The motion was duly seconded and carried unanimously. Mr. Plisko abstained from voting. Request *granted.* ! Mr. Gans moved to *continue* variance request #2 to the meeting of June 9, 1988. The motion was duly seconded and carried unanimously.! ITEM #6  City of Clearwater for a variance of 35 ft to permit a parking attendant booth zero ft from a street ROW in OS/R zoned portion of the property (Rockaway Street), in the SW Corner of the parking lot adjacent to Rockaway St, Clearwater Beach Revised, Clearwater City Park, zoned (open space/recreation) and P/SP (public/semipublic). The Planning Official explained the application and stated it is a request to place an attendant booth at the entrance to a City owned parking lot.! Keith Crawford, Traffic Engineer for the City, stated the parking lot was developed many years ago. Several years ago, he was instructed by the Commission to put in a booth to solve some of the problems and a temporary building was erected. It is necessary that they have a more permanent building and they will construct an island to place the building on. The permanent building will be of a type that can be moved. This parking lot is maintained mainly for the businesses in that area.! One citizen spoke in opposition stating a lot of money was being spent on this parking lot and there was no revenue coming in. He expressed concern that the island will obstruct daytime traffic and asked that the island be smaller than proposed. ! Discussion ensued as to whether or not there was a better way to meet the City's needs and not obstruct the flow of traffic in the daytime.! Mr. Gans moved to *continue* this item to the meeting of June 9, 1988. The motion was duly seconded and carried unanimously.! The meeting recessed from 3:25 p.m. to 3:32 p.m.! ITEM #7  Linda Gantz for a variance of 4.91% open space for lot to allow 40.09% open space, at 3068 Ashland Terrace, Ashland Heights, Lot 9, zoned RS6 (single family residential). The Planning Official explained the application.! Todd Pressman, representing the applicant, stated there is a deed restriction which requires a threecar garage. This adds to the impermeable space on the lot. The house was placed on the lot in order to facilitate orientation in relation to the sun. There is one acre of undeveloped land behind the home which is owned by an adjacent property owner. There is also a ten foot wide rightof way buffer for drainage. He presented six letters in support. The pool was designed as close to the house as possible but a mistake was made as to the overall lot coverage. There is no impact on the community and the neighbors have no problem with the variance.! Jim Beckett, builder, stated he applied for the permit to construct the house and discovered the open space problem when the pool contractor applied for a permit. They are changing the driveway to allow more open space to compensate for the space taken by the pool. In response to a question about lessening the size of the deck, he stated that taking five feet off the deck still will not allow enough additional open space to compensate for the pool. ! Linda Gantz stated she trusted the builder and architect and was unaware there was any problem until the pool contracter requested a permit for the pool. ! Discussion ensued with regard to the fact that the variance is excessive and the applicant was aware of the deed restrictions and the orientation of the lot prior to purchasing it. It was the consensus of the Board that a variance is needed but the exact size of the variance is unclear.! Mr. Merriam moved to *continue* this item to the meeting of June 9, 1988. The motion was duly seconded and carried unanimously.! MINUTES The Planning Official questioned the motion on Item #9 for the meeting of May 12, and stated the way it was worded he was unable to issue a permit for the Country's Best Yogurt Company. ! Mr. Merriam moved to *amend* the motion of May 12, 1988, on page 90 to read in part as follows: "... Country's Best Yogurt Company and in the event the Country's Best Yogurt Company discontinues operation, fast food establishments in the project shall not exceed 2,000 square feet for the total project and ..." The motion was duly seconded and carried unanimously.! Mr. Gans moved to approve the minutes of May 12, 1988, as corrected, in accordance with copies submitted to each Board member in writing. Motion was duly seconded and carried unanimously. ! The Planning Official reported there has been a change of ownership at 610 Island Way and a Notice of Violation will be issued shortly. Susie's Surplus was granted permission by the Building Director in May, 1983, for the fence on the basis that the Code allowed the Building Director to authorize security fences and fences for hazardous situations. With regard to the violation at the Phillips station at Drew and Myrtle, he stated a Notice of Violation will be sent to them. ! Mr. Gans asked the Planning Official to check into the large sign and 6 foot fence at 440 Palm Island. ! There was a brief discussion regarding Dimmitt's appeal and their attorney's request for a de novo hearing. The Assistant City Attorney reported there is no provision for a de novo hearing under our Code.! The meeting adjourned at 4:14 p.m.!