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10/13/1988 DEVELOPMENT CODE ADJUSTMENT BOARD October 13, 1988 Members present: Alex Plisko, Chairman Mary Lou Dobbs Kemper Merriam John Homer Member absent: Otto Gans, Vice-Chairman Also present: John Richter, Planning Official Miles Lance, Assistant City Attorney (left at 2:55 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 A - Thanh Phuoc Nguyen for a variance of two parking spaces to allow expansion of R.O.W. and relocation of sign, at 3004 Gulf-to-Bay Blvd, Bay View City Sub, Blk 8, Lots 8-10, zoned CG (general commercial). The Planning Official explained the application in detail stating the sign relocation and loss of two parking spaces is due to road widening. Pamela Joyce, of the Department of Transportation representing the owner, stated the road widening will take 10 feet off the front of the property. The variance is needed to relocate the sign and avoid litigation against the State by the property owner. 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 it be brought into conformance on or before October, 1992, and 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 - Richard Brutus for a variance of 1 business identification sign to permit 2 such signs, at 125 S Belcher Rd, Sec 18-29-16, M&B 23-04, zoned CG (general commercial). The Planning Official explained the application in detail noting the variance is for one additional sign, but the total square footage of both signs is within the limit allowed under the Code. Dr. Dick Brutus stated he did some renovating and needs the variance to put the lettering back on the building. The building is not very visible because it is set back from the road further than the buildings on either side of it. The signs will help people locate his business. He submitted photographs of the property. Based upon the information furnished by the applicant, Mr. Merriam 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, 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 of a deep setback from a busy road, 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 - Marshall Harris and James Knight for a variance of 42 inches in height to permit a 72 inch high fence in setback area adjoining a street right-of-way where property is addressed, at 1867 Douglas Ave, Harbor Vista, Blk A, Lots 10-12, zoned CN (neighborhood commercial). The Planning Official explained the application in detail. Marshall Harris stated semi-trailers are stored at this location and the owners wish to erect a fence for security reasons and to beautify the area. They are willing to put up any type of fence the Board wishes and it will be landscaped. The Board expressed concern regarding the fence being so close to the road and whether it will cover the semi-trailers. In response to questions, the Planning Official stated a conditional use is needed because the outdoor use is not grandfathered in. About 2-1/2 years ago, this property was brought before the Municipal Code Enforcement Board because of the outdoor use but the case was dismissed because the City did not present evidence to support their case. Mr. Merriam 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 there is no condition which is unique to the property, no unnecessary hardship was shown, it would detract from the appearance of the community, and it would violate the general spirit and intent of this development code as expressed in Section 131.005 and 131.006. The motion was duly seconded and carried unanimously. Request denied. ITEM #2 - SDS Investments for a variance of 2 ft in height to permit a 6 ft high fence in setback area adjoining a street right-of-way where property is not addressed, at 2086 Gulf to Bay Blvd, Gunn's Addn, Blk A, Lots 2-5 & Lots 7-10, zoned CG (general commercial). The Planning Official explained the application in detail stating this property is a car sales lot and the applicant wishes to place fencing along Cornell St. Emil Marquardt, attorney representing the applicant, stated that during site plan review, the City Commission requested the 6 ft fence in order to separate the commercial and residential areas. The value of the fence will be lost if it is erected further back than requested because vehicles could be parked in front of the fence. The Planning Official stated the fence was not a condition of site plan approval. Based upon the information furnished by the applicant, Mrs. Dobbs 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 related to property's closeness to residential property, subject to the condition that proper landscaping be installed and that a fence permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #3 - Stephen Watsey for a variance of 1 ft in height to permit a 5 ft high wall in setback area adjoining a street right-of-way where property is not addressed, at 2821 Chelsea Place South, Chelsea Woods, Lot 1, zoned RS-6 (single family residential). The Planning Official explained the application in detail noting the wall will be 18 feet from the right-of-way line. Marilyn Watsey stated they are building a house with a wing wall consisting of 2 columns with a 3 foot wrought iron gate between them. The purpose of the wall is to hide the air conditioner. Based upon the information furnished by the applicant, Mr. Merriam 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, subject to the condition it applies only to the two columns and gate at the northeast corner of the structure 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 #4 - Roscoe Dobson, Jr. for a variance of 3 ft 6 inches to permit addition 21 ft 6 inches from a street right-of-way, at 116 S Keystone Dr, Keystone Manor Rev, Blk I, part of Lots 14 & 15, zoned RS-8 (single family residential). The Planning Official explained the application in detail noting that the north side of the house has less setback. Roscoe Dobson, Jr. stated he wishes to add a room to his house for a spa. His wife requires this type of therapy due to an orthopedic problem. The house is non-conforming. The addition will not extend the nonconformity. The addition cannot be placed on the north side of the house because access to it would be through the children's bedrooms and he would have to change the roof style. Based upon the information furnished by the applicant, Mrs. Dobbs 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 the addition does not involve going beyond any existing building lines already on the property, 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 #5 - Molly Brandt and Anna Koutsoubos for a variance of 1,018 ft to permit establishment of an Adult Congregate Living Facility 182 ft from another such facility, at 315-317 Pleasant St, North Shore Park, Blk 6, Lot 4, zoned RM-8 (multiple family residential). The Planning Official explained the application in detail and stated the applicant wishes to convert a duplex into an Adult Congregate Living Facility. The nearest Adult Congregate Living Facility is on the south side of Sunburst Ct and has 5 residents. Molly Brandt, one of the owners, stated she is a nursing home administrator. The residents would be split between the two apts. The residential look of the facility will be maintained. The property was not originally purchased for this use. Two citizens spoke in opposition citing problems with other ACLFs, increased traffic, parking problems, decreased property values, and the facilities being businesses in a residential area. A petition in opposition with 14 signatures was submitted for the record. Mr. Homer moved to deny the variance as requested since the applicant has not demonstrated that she has met all of the standards for approval as listed in Section 137.012 (d) of the Land Development Code because there is no condition which is unique to the property, and no unnecessary hardship was shown. The motion was duly seconded and carried unanimously. Request denied. ITEM #6 - Gerald Burns for a variance to allow fence in setback area adjoining waterfront, at 26 Midway Island, Island Estates of Clearwater #3, Lot 11, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Marilyn Burns stated the fence is needed to enclose the pool for safety reasons, to keep their dog in the yard, and for aesthetic reasons. The fence will range from 6 feet high near the house to 4 feet in height near the water. Discussion ensued regarding types of fences and their heights in this zoning area. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variance as per the application which will allow a fence 4 ft high to extend from the seawall for a distance of 32 feet because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, subject to the condition that a fence permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs Plisko, and Homer voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. ITEM #7 - Duane Barton for variances of 1) 2 parking spaces to provide 4 spaces, 2) 25.43% front yard open space to provide 24.57%, 3) 1097 sq ft to permit construction on 8903 sq ft lot, and 4) 30 ft to permit construction on 70 ft wide lot, at 514 Brookside Dr, Brookside Sub, Lot 3, zoned CG (general commercial). The Planning Official explained the application in detail stating the applicant wishes to convert a single family residence to an office. Duane Barton stated he recently purchased this house to fix it up for resale. The property was recently rezoned and cannot be used as a residence. They plan to provide four parking spaces in the front yard. Discussion ensued regarding the property use and placing parking in the rear. One citizen spoke in opposition stating that she and her neighbors did not want the front yard of the property to be paved for a parking lot. Duane Barton stated he had spoken with some of the neighbors prior to the meeting and they had no objections. Based upon the information furnished by the applicant, Mr. Homer moved to grant variances #3 and #4 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 they arise from a condition which is unique to the property and was not caused by the applicant, 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. Merriam moved to deny variances #1 and #2 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 there is no condition which is unique to the property, no unnecessary hardship was shown, and they would detract from the appearance of the community. The motion was duly seconded and carried unanimously. Request denied. ITEM #8 - Countryside Associates Ltd Partnership for variances 1) to allow signs to be placed on roof of building, 2) of 1 business identification sign to permit 2 such signs, and 3) of 12.52 sq ft to permit a total of 27.52 sq ft of business identification signage, at 2474 U.S.19 N, The Village at Countryside Parcel 4 Replat, Lot 3, zoned CC (commercial center). The Planning Official explained the application in detail. Emerson Wamsley, of Federal Express, stated the building is a 6 ft by 10 ft prefab structure including signage. It will be used as a mail drop. The building is 9 ft in height and signage is on both ends below the roofline. The building is so small the signs are needed for visibility. Based upon the information furnished by the applicant, Mrs. Dobbs 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, it arises from a condition related to the small size of the Federal Express building to be erected and it is the minimum necessary to overcome the unnecessary hardship of identifying the building, 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. Mr. Homer moved to deny variances #2 and #3 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 there is no condition which is unique to the property, no unnecessary hardship was shown, and the hardship was caused by the owner or applicant. The motion was duly seconded and upon the vote being taken, Messrs. Plisko, Merriam, and Homer voted "Aye;" Mrs. Dobbs voted "Nay." Motion carried. Request denied. ITEM #9 - James, Janet, and Jane Yearout for a variance of 1 parking space to allow conversion of office to fast food deli with zero additional parking, at 55 Baymont St, Clearwater Beach Park 1st Addn, Blk B, Lot 1, zoned CB (beach commercial). The Planning Official explained the application in detail stating this property is developed with a two story building with commercial uses on the first floor and apartments on the second floor. The applicant wishes to convert the downstairs unit from an office use to a deli. The property use requires 24 parking spaces and there are 17 spaces available. There is no on-site parking but there is parking around the building in the street right-of-way. Don McFarland, attorney representing the owners, stated the building was built many years ago with outdated code requirements. Most of the customers will be walk-ins and the deli will have only take-out service. Parking is always a problem on the beach and the owners should not be penalized because of this. One citizen spoke in support of the application. 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, 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 - Robert Alpaugh and E.E. Sitton for a variance of 42 sq ft of business identification signage to permit 74.7 sq ft of total signage, at 2551 Drew St, Campus Walk Sub, Lot 2A, zoned CH (highway commercial). The Planning Official explained the application in detail stating this property has been before the Board previously for sign variances. A variance for the number of signs was approved, but a variance for total square footage of signage was denied. This variance has been scaled down. Todd Pressman, representing the tenant, stated they have reduced the sign size by eliminating the logo but PIP Printing Company will not allow much change to the configuration of the words. The store has hardships because of its distance from U.S. Highway 19. Mr. Homer 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 there is no condition which is unique to the property, and no unnecessary hardship was shown. The motion was duly seconded and carried unanimously. Request denied. ITEM #11 - Mountasia Fantasy Golf of Florida for variances of 1) 2 ft in height to permit a 6 ft high fence in setback area adjoining a street right-of-way where property is not addressed, and 2) 2 ft in height to permit a 6 ft high screen fence about dumpster in setback area adjoining a street right-of-way where property is not addressed, at 2040 U.S.19 N, Blackburn's Sub, Lot 7, zoned CH (highway commercial). The Planning Official explained the application in detail. Scott Demereau, President of Mountasia Fantasy Golf of Florida, stated they wish to withdraw variance request #1. He modified Variance #2 to a variance of 6 inches rather than the 2 feet originally requested to fence in the dumpster. Based upon the information furnished by the applicant, Mrs. Dobbs moved to grant variance #2 for 6 inches to construct a 4 foot 6 inch high fence around the dumpster because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, subject to the condition that a fence permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #12 - Babcock Co for variances of 1) 1.25% building coverage to permit 31.25% building coverage, and 2) 10.8 ft to permit house 19.2 ft from street right-of-way, at 3378 Lake Shore Lane, Wynwoods Landings, Lot 12, zoned RS-4 (single family residential). The Planning Official explained the application in detail. Hilda Heitler, representing the applicant, stated the variances are for a pool and pool enclosure. It is a double frontage lot with a 30 foot setback. There will be a wood fence and landscaping in the rear. She feels the building coverage variance is minimal and the house cannot be redesigned to eliminate the 10 feet variance. Discussion ensued concerning whether it is a self-imposed or actual hardship. One letter in support was submitted for the record. Based upon the information furnished by the applicant, Mr. Homer 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, subject to the condition a building permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Messrs. Homer and Merriam voted "Aye;" Mrs. Dobbs and Mr. Plisko voted "Nay." Variance #1 continued to 10/27/88 due to tie vote. Mr. Merriam moved to deny variance #2 as requested since the applicant has not demonstrated that she has met all of the standards for approval as listed in Section 137.012 (d) of the Land Development Code because there is no condition which is unique to the property, and no unnecessary hardship was shown. The motion was duly seconded and carried unanimously. Request denied. MINUTES Mr. Homer moved to approve the minutes of September 8, 1988, and September 22, 1988, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The Planning Official discussed the new motions with the suggestion that the word "substantially" be left out of the motion if possible. The consensus of the Board was to leave out the word when possible. The Planning Official reported to the Board that Island Estates Realty pulled sign permits for two signs of 80 square feet each prior to the adoption of the Land Development Code. He also noted that Lake Starcrest Village is working on a new parking plan. Discussion ensued regarding the citizens group that is gathering petitions to eliminate billboards on Gulf-to-Bay Blvd. Sign amortization and portable sign regulations were also discussed. The meeting adjourned at 4:30 p.m.