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10/27/1988 DEVELOPMENT CODE ADJUSTMENT BOARD October 27, 1988 Members present: Alex Plisko, Chairman Otto Gans, Vice-Chairman Mary Lou Dobbs Kemper Merriam John Homer Also present: Grace Loyd, 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 - The Babcock Company for a variance of 1.25% building coverage to permit 31.25% building coverage, at 3378 Lake Shore Lane, Wynwoods Landings, Lot 12, zoned RS-4 (single family residential). The Planning Official explained the application in detail stating this application was originally heard on October 13th. At that time, a variance for the front setback was denied and a variance for building coverage was continued due to a tie vote. Paul Jenkins, of Babcock Company, stated they have revised the plan to reduce the size of the house but a building coverage variance will still be needed. Discussion ensued as to whether it was proper to hear the building coverage variance before the revised setback variances for the new plan are heard at the next meeting. Mrs. Dobbs moved to continue this item to the meeting of November 10, 1988. The motion was duly seconded and carried unanimously. Item continued. ITEM #1 - Dan Douglas Enterprises for variances of 1) one business identification sign to permit two such signs, and 2) 15 sq ft to permit a total of 63 sq ft business identification signage, at 225 N Ft Harrison Ave, Jones' Sub of Nicholson's, Blk 5, Lots 8-10, zoned UC(C) (urban center core). The Planning Official explained the application in detail stating variances for one additional sign and 15 square feet of signage were approved on April 14th, but the applicant failed to get the permits in time. The signs are existing at this time. Todd Pressman, representing the owner, stated the signs were put up according to the variances granted, but the time elapsed before permits were obtained. Based upon the information furnished by the applicant, Mr. Homer moved to grant the variances as requested because the applicant has met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, subject to the condition the signs be brought into conformance on or before October 13, 1992, and that a sign permit be obtained within two (2) weeks from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Gans, Homer, and Merriam voted "Aye;" Mr. Plisko voted "Nay." Motion carried. Request granted. ITEM #2 - Blaise Sciarra for a variance of 2 ft in height to permit a 6 ft high fence in setback area adjoining a street R.O.W. where property is not addressed, at 2853 Gloria Court, Northwood West, Lot 4, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Blaise Sciarra stated his property is along Enterprise Road. He feels the higher fence is needed for security reasons because people can jump over a lower fence. The fence would also provide privacy and some reduction of noise from Enterprise Road. Most homes in the area have 6 foot fences along Enterprise Road and his fence would be a continuation of the fencing already there. Two letters in support were submitted for the record. Based upon the information furnished by the applicant, Mrs. Dobbs moved to grant the variance as requested because the applicant has met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, it arises from a condition for which variances have been granted before, of a very crowded and busy street, and it is the minimum necessary to overcome an unnecessary hardship, subject to providing the landscaping as required by Code 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 - Edwin Foster for a variance of two parking spaces to provide zero additional parking spaces for Adult Congregate Living Facility expansion, at 585 Casler Ave, Ambleside 2nd Addition, Lot 79, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Edwin Foster stated the existing Adult Congregate Living Facility has five people and the facility is being upgraded to eight residents. The front yard would be 48% concrete if they had to meet code requirements for parking. Presently cars for other houses are parked on both sides of the street. The garage is being used as two parking spaces. The garage can be enclosed but he has no plans to use it for living area at this time. He wishes to maintain the residential look of the property. Discussion ensued regarding whether the Board could grant the variance with the condition that the garage be used for parking only. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variance as requested because the applicant has 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. The motion was duly seconded and carried unanimously. Request granted. ITEM #4 - Diane Hearing for a variance of two parking spaces to permit expansion of ACLF with two parking spaces in lieu of four parking spaces required, at 509 N Prescott Ave, Country Club Addition, Blk 14, Lots 10 & 11, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Jane Roberts, representing the owner, stated meeting the parking requirements would take away from the single family residential look of the property. Discussion ensued regarding statements made at the previous variance hearing for this property concerning the ACLF size and the intentions of the applicant. Jane Roberts noted that the ACLF has eight residents and two employees, which is the maximum. Financially they need the additional residents. 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, no unnecessary hardship was shown, the hardship was caused by the owner or applicant, it is not a minimum variance, and it is based primarily upon the desire of the applicant to secure a greater financial return from the property. The motion was duly seconded and upon the vote being taken, Messrs. Plisko, Gans, Homer, and Merriam voted "Aye;" Mrs. Dobbs voted "Nay." Motion carried. Request denied. ITEM #5 - Donald Rabideau & Keith McKerrow for a variance of one business identification sign to permit two such signs, at 10 S Ft Harrison Ave, John R. Davey's Resub, Blk B, part of Lot 1, zoned UC(C) (urban center core). The Planning Official explained the application in detail stating the signage is within the allowed square footage but the applicant wishes to have two signs instead of one. Bob Nelson, representing the owner, stated they wish to have an additional sign on the front of the boutique to advertise the designer name and logo. One letter in support was submitted for the record. 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 #6 - Charles Destefano for a variance of 2 ft 8 inches to permit room addition 22 ft 4 inches from a street R.O.W., at 1004-1006 Amble Lane, Hallmark Sub, Lot 2, zoned RM-12 (multiple family residential). The Planning Official explained the application in detail stating the property is developed with a duplex and the applicant wishes to construct an addition to one unit. Brian Collier, representing the owners, stated they originally purchased the property for investment with plans to retire there. They now wish to occupy one unit of the duplex. Because their family has two teenagers, they need to build a one bedroom/bathroom addition. Due to the location of the building on the lot and the interior layout, there is nowhere else to place the addition. A smaller addition on the front would be only 8 feet wide. Based upon the information furnished by the applicant, Mr. Merriam moved to grant the variance as requested because the applicant has 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 of an expanding family, 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 #7 - 610 Island Way Development Corp for a variance of 39.7 ft to permit carport supports 8 ft from side property line, at 650 Island Way, Sec 5-29-15, M&B 31.012 & 31.03, zoned RM-28 (multiple family). This item was continued to the meeting of November 10, 1988. ITEM #8 - Opus South Corp for a variance of 81 sq ft to permit two business identification signs with 89 sq ft of total signage, at 2605 Enterprise Road East, Sec 32-28-16, M&B 22.02, zoned OG (general office). The Planning Official explained the application in detail noting a sign permit was issued in error. Todd Pressman, representing the owner, stated a mistake was made by the sign inspector in issuing the permit. There is one existing sign for Gulf Bank. The request is for a sign for Metropolitan Life. The site is severely limited by Southwest Florida Water Management District regulations, trees on the property, and visibility from U.S. 19 and Enterprise Road. Metropolitan Life will be a major tenant. The sign will be channel letters. There is a property identification sign on Enterprise Rd. Mark Brandt, attorney representing the Gulf Bank, stated they were not advised of the variance application until after it was filed. He stated there is only one building on the site. The error under which the sign permit was issued was not the bank's fault and he feels the City should allow the sign to remain. Gulf Bank supports Metropolitan Life's request. Gulf Bank has about 8% of the square footage of the building and Metropolitan Life has 72%. Jerry Shaw, representing the owner, stated Metropolitan Life has yet to sign a lease. Approximately 10,000 square feet of the building is still available for leasing. Ray Koreniowski, of the Greater Clearwater Chamber of Commerce, stated they strongly support the variance request. It will have a very important economic impact on the community. One letter in support and one letter in opposition were submitted for the record. Jerry Shaw stated the sign on Enterprise Road identifies the property but additional signage is needed on the building for visibility. He mentioned the positive economic effect on the community of this project. Discussion ensued regarding signs of the size requested being acceptable for the two major tenants. 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 the maximum number of signs on the building will be two, one for Metropolitan Life and one for Gulf Bank, 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 #9 - K.D. Sauder for variances of 1) two parking spaces to provide 93 spaces in lieu of 95 spaces required, and 2) 9% front yard open space to permit 41%, at 924 McMullen Booth Rd, Sec 9-29-16, M&B 32.01 & 32.02, zoned CG (general commercial). The Planning Official explained the application in detail stating the property is the former Savoy Restaurant. A large portion of the land has been taken for the widening of McMullen Booth Road. The Planning Official also noted that if the request is granted, the time limit for obtaining the permit should be longer than the usual 6 months. Ken Sauder stated because the property is only 117 feet deep, it is difficult to renovate and lease. They plan to have unique shops and 75% of the customers will be walk-in traffic. Discussion ensued regarding problems with the site plan such as loading zones, dumpsters, and the variance requests being premature. Anthony Melkey, architect representing the owner, stated the building would have to be shortened to meet the parking requirements and the building will be difficult to lease if it is too short. Discussion ensued regarding the front yard open space and the parking situation. The site plan has gone through preliminary approval, but modifications are needed concerning dumpster locations, parking requirements, interior landscaping, and loading zones before final site plan approval. It was determined that a variance is needed before the final site plan approval. Mr. Gans moved to deny variance #1 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. The motion was duly seconded and upon the vote being taken, Messrs. Gans, Homer, Merriam, and Plisko voted "Aye;" Mrs. Dobbs voted "Nay." Motion carried. Request denied. Based upon the information furnished by the applicant, Mr. Gans moved to grant variance #2 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 is the minimum necessary to overcome an 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. Plisko announced the meeting of November 10, 1988, will start at 2:30 p.m. Discussion ensued regarding using the word "substantially" in the motions. MINUTES Mr. Homer moved to approve the minutes of October 13, 1988, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The meeting adjourned at 3:25 p.m.