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11/22/1988 DEVELOPMENT CODE ADJUSTMENT BOARD November 22, 1988 Members present: Alex Plisko, Chairman Otto Gans, Vice-Chairman Kemper Merriam John Homer Mary Lou Dobbs Also present: John Richter, Planning Official Miles Lance, Assistant City Attorney (arrived at 3:30 p.m.) Susan Stephenson, Deputy City Clerk The meeting was called to order by the Chairman at 2:30 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 #1 - Wayne Wetzel for variances of 1) 17 parking spaces to allow 70 parking spaces, 2) 15 ft to permit construction of building 10 ft from a street R.O.W., and 3) 2 ft in height to permit 6 ft high fence around dumpster in setback area adjoining a street R.O.W. where property is not addressed, at 2436 Gulf-to-Bay Blvd, Sec 18-29-16, M&B 13.05, zoned CG (general commercial). The Planning Official explained the application in detail stating the variances are to construct an auto parts and service store. The proposed parking provides 70 spaces where 87 are required. The parking is calculated by the customer use, the number of employees, and the number of service bays. The setback variance is to position the store closer to Shelley St. The third variance is to construct a fence higher than allowed around the dumpster. A fence around the dumpster is not required by Code but staff usually recommends the dumpster site be enclosed. The preliminary site plan has been approved by the Commission and now must go to the Development Review Committee. Thomas Robbins, architect representing the applicant, stated the store will be auto parts sales and service. The setback variance is requested to allow more access to the front entrance. He feels the parking would be adequate for that type of store because the customers would be in and out of the store quickly. Rick Bedia, architect for Western Auto, spoke in support stating he feels the parking is sufficient. There will be 6 service bays facing Kilmer as well as shipment receiving. Maneuvering of vehicles would be on-site, not in the public street. One letter in opposition to Variances #1 and #2 was submitted for the record. Thomas Robbins stated the store hours will be from 7:00 a.m. to 9:00 p.m. All work will be done in the bays. He feels the parking variance is reasonable for that type of business. Discussion ensued regarding the fact that the project is an improvement to the site but the design could be better and the dumpster could be relocated. There was additional discussion as to whether there is a hardship. It was noted the location is bounded on three sides by streets. 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 the particular physical surroundings, primarily the 3 street involved, subject to the conditions that the variance be granted for the applied use by Western Auto and does not continue with any other use, and that a building 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. Gans, Homer, and Merriam voted "Aye;" Mr. Plisko voted "Nay." Motion carried. Request granted. Mr. Gans moved to deny variance #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, it is not a minimum variance, it will be materially detrimental or injurious to other property or the neighborhood,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. Mr.Gans moved to deny variance #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, it will be detrimental to vehicular safety, and it would detract from the appearance of the community, endangers the public safety, and substantially diminishes or impairs the value of surrounding property. The motion was duly seconded and upon the vote being taken, Messrs. Plisko, Gans, and Homer voted "Aye;" Mrs. Dobbs and Mr. Merriam voted "Nay." Motion carried. Request denied. ITEM #2 - Frank Novak for variances of 1) one ft to permit house 24 ft from a street R.O.W., 2) 5 ft to permit house 5 ft from rear property line, 3) 500 square ft to permit construction on 4500 square ft lot, and 4) 30 ft to permit construction on 50 ft deep lot, at 1496 Michigan Ave, Zephyr Hills Sub, part of Lot 17, zoned RS-8 (single family residential). The Planning Official explained the application in detail stating the applicant wishes to construct a single family home. The placement of the house on the lot is unusual because it is a substandard size lot and the width is greater than the depth. Robert Hughes, representing the owner, stated the house on the property burnt down a year ago. They wish to build an affordable home here as well as other target areas throughout Clearwater. The total cost of the house and lot will be $27,000. All financing is private money, with no Federal funding. 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, they arise from a condition which is unique to the property and was not caused by the applicant they are 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. ITEM #3 - Taco Bell for a variance to permit alteration of a nonconforming sign, at 1824 Gulf-to-Bay Blvd, Sec 13-29-15, M&B 23.03, zoned CG (general commercial). This item was withdrawn by the applicant. ITEM #4 - James Daniel for variances of 1) 7 ft to permit pool 18 ft from a street R.O.W., and 2) 10 ft to permit pool enclosure 15 ft from a street R.O.W., at 1750 Palmetto St, Highland Pines 8th Addn, Blk 46, Lot 1, zoned RS-8 (single family residential). The Planning Official explained the application in detail. James Daniel stated he wishes to build a pool and pool enclosure on his property. He has spoken with the neighbors and they do not object. Other houses in the neighborhood have pools. Based upon the information furnished by the applicant, Mrs. Dobbs 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, the hardship arises from the particular physical surroundings, shape and size of the property, and they are 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. ITEM #5 - Elias Anastasopoulos and Gregory Politis (E & G Investors Inc) for a variance of 42 sq ft to 537 sq ft to regard units larger than 500 sq ft as motel units, at 678 Gulfview Blvd, Bayside Sub #5, Blk B, Lots 7-13 & Lots 15-20, zoned CB (beach commercial). The applicant wishes this item to be continued to the meeting of December 8, 1988. Mr. Homer made a motion to continue Item #5 to the meeting of December 8, 1988. The motion was duly seconded and carried unanimously. ITEM #6 - Nasbarb, Inc. (Rodeway Inn)for variances of 1) 2 property identification signs to permit 3 such signs, and 2) 261 sq ft to permit a total of 373 sq ft property identification signage, at 401 U.S. Highway 19 S, Sec 17-29-16, M&B 23.05, zoned CH (highway commercial). The Planning Official explained the application in detail stating there are 3 signs on 2 poles. They wish to replace the "Lowest Rates" sign with a larger marquee sign. Larry Sandefer, attorney for Roadway Inn, stated their main concern is the marquee sign. The previous owner had a marquee sign but it was taken down and never put back up. He feels a marquee sign would be an improvement and is important to welcome special groups and advertise special activities at the hotel. The location of the business is unique because it is on a service road by an overpass which blocks visibility. The "Hilarities" sign was put up illegally by a former tenant. "Hilarities" is still a tenant of Roadway Inn and they would prefer to keep the sign up rather than remove the pole and sign. Nasir Alarakhia, owner, stated the "Lowest Rates" sign was put up by a former owner. He feels the marquee sign is important to advertise the business. Patricia O'Neil, employee of Roadway Inn, spoke in support stating the "Lowest Rates" sign was there under previous owners. She stated they are losing business because tours and other special groups will not stay there without advertising and welcome marquee signs. Larry Sandefer stated the signage is needed as good business practice and not just financial gain. He felt they had a hardship due to the overpass. Discussion ensued regarding whether the overpass was a hardship, and the size of the proposed signs being 3 times the allowed signage. Mr. Homer moved to deny the variances 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, the hardship was caused by the owner or applicant, they are not minimum variances, they would violate the general spirit and intent of this development code as expressed in Section 134.003 and 134.004, and they are asking approval of a variance 3 times what is allowed. The motion was duly seconded and carried unanimously. Request denied. ITEM #7 - City of Clearwater (Clearwater Beach Seafoods) for a variance of 6 parking spaces to allow the expanded use of the restaurant during the hours of 11:00 a.m. to 5:00 p.m., at 37 Causeway Blvd, City Park Sub, part of Lot 12 & 13, zoned CB (beach commercial). The Planning Official explained the application in detail stating the business was previously authorized to be open 5:00 p.m. to midnight. The applicant was denied a variance to expand business hours from 11:00 a.m. to 5:00 p.m. The hearing officer, however, reversed the Board's decision and allowed the restaurant to open from 11:00 a.m. to 5:00 p.m. on a temporary basis for 1 year. They are now reapplying for a permanent change in the hours. John Doran, attorney representing the applicant, stated they feel the modification in the hours has not been detrimental to the Marina parking. The Harbormaster supports the granting of the variance. The business is within a City-owned parking lot and there is no way they can provide more parking. Discussion ensued regarding the variance application being premature because not enough time has elapsed, parking problems experienced by charter boat people, and whether hardship should be considered or just modification of Hearing Officer's order. Bill Goodwin stated he felt there has been sufficient time to see the effect of the expanded hours. His busiest months are from March to April. This is not being made for financial gain because his business is not open during all the hours permitted by his lease. He wants a family type business and is not interested in attracting the late night crowd. Having a server on the first level will help customer traffic flow for those buying raw fish to take home and those eating at the restaurant. 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, the applicant's present hours of operation do not extend beyond 6:00 p.m. in the retail and lower part of the building which in itself is considerably less utilization of the property than is permitted, and the particular physical surroundings of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant, subject to the condition that a 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. Gans and Plisko voted "Aye;" Messrs. Homer and Merriam voted "Nay." Motion carried. Request granted. ITEM #8 - Robert Alpaugh and E Eugene Sitton (PIP Printing) for a variance of 27.3 sq ft to permit a total of 60 sq ft business identification signage, at 2551 Drew St, Campus Walk Sub, Lot 2A, zoned CH (highway commercial). The Planning Official explained the application in detail stating the business has a 30 square ft sign on the front of the store and wish to place the same size sign on the east side of the building. Previously, they were granted the second sign, and the Board must now consider the size. They have reduced their variance from 60 square ft to 27.3 square ft. Charles Frank, property manager for Campus Walk Shopping Center, stated they are in favor of the sign and no one else in the shopping center will be allowed signage on that side of the building. Paul Dorris, of Sewell Signs, stated they are not concerned with visibility from U.S. 19 N, but need the sign because of Bob Evans Restaurant. Jeff Jafornia, owner of PIP Printing, stated customers are having problems finding his store. In response to a question regarding the difference in size of the letters and logo lines on the existing sign and the proposed sign, he stated the company authorized the changes in the proposed sign. Paul Dorris commented he had spoken with the Planning Official and it was his feeling this is a minimum variance. 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, there is hardship because of the corner position and some obstructions in front, and it is the minimum necessary to overcome an unnecessary hardship, subject to the conditions that the sign be the only one on the east side of that building, and a sign 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. Merriam and Plisko voted "Aye;" Messrs. Homer and Gans voted "Nay." Motion carried. Request granted. MINUTES Mr. Merriam moved to approve the minutes of November 10, 1988, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The Planning Official informed the Board that Import Auto on Cleveland St will be brought before the Code Enforcement Board in January, 1989. He also reported the David Little property has sufficient parking. Mr. Plisko asked the Planning Official to check into the satellite dish at 427 Druid Road which is in the Historical District and two fences across the street from the School Administration building on Druid Rd. The meeting adjourned at 5:22 p.m.