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01/12/1989 DEVELOPMENT CODE ADJUSTMENT BOARD January 12, 1989 Members present: Alex Plisko, Chairman Otto Gans, Vice-Chairman Kemper Merriam John Homer Mary Lou Dobbs (arrived at 1:10 p.m.) Also present: John Richter, Planning Official Miles Lance, Assistant City Attorney (arrived 1:10 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 - (continued from 12/20/88) Faith Bible Church of Clearwater for a variance of 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 noting the variance to be considered today is the setback from NE Coachman Road only. Reverend Steve Kimball submitted photographs showing the proposed addition if built with a greater front setback. They wish to position the building as originally proposed for safety reasons and future driveway widening. The building will be 20 ft high with a flat roof. Discussion ensued concerning NE Coachman Road right-of-way problems in the area, a building of that height close to the road, and alternative locations for the addition. 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, and it is not a minimum variance. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Plisko, Gans, and Merriam voted "Aye;" Mr. Homer voted "Nay." Motion carried. Request denied. ITEM B - (continued from 12/20/88) Jay Carpenter for a variance to allow a 4 ft high chain link fence, a 36 inch high rail fence about pool and a 5 ft (m.o.l.) high masonry wall in setback area adjoining waterfront, at 612 Harbor Island, Island Estates Units 6D, 7A, 7C, Unit 7C, Lot 5, zoned RS-6 (single family residential). The Planning Official explained the application in detail stating the request is for three fences in the waterfront setback area where none are allowed. Two fences, one around the pool and another masonry retention wall are already existing. The applicant wishes to add a chain link fence along the seawall and connect it to fencing on the side. Jana Carpenter stated they have spent two years constructing the backyard of their dreams. They had not planned originally to put up the fencing but they need it for the safety of their children. Shields Clark, representing the owner, stated the applicant has done extensive pool construction on the site. Approval has been obtained from the Board of Adjustment and Appeal for Building/Flood Control. Everything has been done to make the area safe for the children. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance for the two existing items in the setback 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, shape or topographical conditions 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 fence permit be obtained within three (3) weeks, from this date. The motion was duly seconded and carried unanimously. Request granted. Based upon the information furnished by the applicant, Mr. Merriam moved to grant a variance for a chain link fence on west and south sides of the seawall only 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 of safety for small children to prevent them from falling off the seawall, subject to the condition that a fence permit be obtained within four (4) weeks from this date. The motion was duly seconded and upon the vote being taken, Mrs. Dobbs and Messrs. Plisko, Meriam, and Homer voted "Aye;" Mr. Gans voted "Nay." Motion carried. Request granted. ITEM #1 - Waclaw Niewiarowski for variances of 1) 8 ft to permit house 27 ft from street R.O.W., 2) 2 ft to permit swimming pool 13 ft from rear property line, and 3) 5 ft to permit pool enclosure 10 ft from rear property line, at 2366 Wetherington Rd, Coachman Ridge Tract A-III, Lot 251, zoned RS-2 (single family residential). The Planning Official explained the application in detail stating this location is a vacant lot to be developed with a single family home. Zenona Niewiarowski stated they wish to put a 13 ft by 35 ft pool and enclosure behind the house. The lot is very narrow and they need the variances for the width of the pool. Concern was expressed by the board members regarding the driveway and front of the house as shown on the drawing. The case was postponed to later in the meeting to allow the applicant to bring in a site plan. The applicant returned to the meeting with site plans of the lot, but the plans were still inconclusive concerning the design of the front of the house. Mr. Merriam made a motion to continue this item the meeting of January 26, 1989. The motion was duly seconded and carried unanimously. ITEM #2 - John Taylor III (KFC National Management Co) for variances of 1) 8 parking spaces to allow 18 in lieu of the 26 required, 2) 5 ft to permit addition 20 ft from a street R.O.W., and 3) 18% front yard open space to allow 32% front yard open space, at 1280 Missouri Ave, Sec 22-29-15, M&B 21-14, zoned CG (general commercial). The applicant made a request to continue this item to a later date. Mr. Gans made a motion to continue this item to February 9, 1989. The motion was duly seconded and carried unanimously. ITEM #3 - Jeret Homes, Inc. for variances of 1) 2 ft to permit a 6 ft high wood fence in setback area adjoining a street R.O.W. to which property is not addressed, 2) 3 ft to permit fence with zero setback from street R.O.W., and 3) zero landscaping on R.O.W. side of fence, at 2415 Old Coach Trail, Coachman Ridge Tract A-II, Lot 194, zoned RS-6 (single family residential). The Planning Official explained the application in detail stating the variances are for fencing along N E Coachman Road. The applicant wishes to have the 6 ft high fence on the rear property line, and with no landscaping. Jeanette Lightner of Jeret Homes, Inc. stated they built the house for resale. They wish to erect the fence across the back of the property for safety reasons. The fence will link up with existing fencing next door. The zero setback is to allow more room for the yard. There can not be any landscaping because the property slopes to a drainage area and a retention pond. Don Allen, president of the Coachman Ridge Homeowners Association, spoke in opposition stating the fence height variance is acceptable, but they are opposed to the zero setback and landscaping variances. 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, 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 fence permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. Mr. Gans moved to deny variances #2 and #3 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 no unnecessary hardship was shown, they will be materially detrimental or injurious to other property or the neighborhood, and they 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 #4 - Florida Power Corporation for a variance to allow grass parking spaces where a permanent all weather paving material is required, at 2501 Drew St, Sec 18-29-16, M&B 11-10, zoned P/SP (public/semi-public). The Planning Official explained the application in detail stating the variance is requested for St Petersburg Junior College parking. They are requesting 141 spaces out of 482 parking spaces be grass surface. Grass surfacing is generally for parking areas with less use. Stanley Wohl, representing the applicant, stated that for easier access to the utility, they do not want to pave the area over an oil line. The additional parking is not required parking but is needed by St. Petersburg Junior College. In response to questions concerning the parking lot becoming dirt and dust, Mr. Wohl stated they will stabilize the ground with compaction, sod the area, and add car stops. The grass area is the most distant part of the parking lot. The area would be maintained by the college staff. 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, and it arises from a condition which is unique to the property and the need for the school to use additional parking and the school has worked with Florida Power regarding the parking, subject to the condition 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, Plisko, and Merriam voted "Aye;" Mr. Homer voted "Nay." Motion carried. Request granted. ITEM #5 - Charles Weaver for a variance of 7 ft to permit wheelchair ramp/deck 18 ft from street R.O.W., at 120 Glenwood Ave N, Crest Lake Park, Blk A, Lots 16 & 17, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Linda Moody, representing the applicant, stated the ramp is already there for wheelchair use. The owner wishes to add a deck to the ramp. The deck will not be more than 2 feet in height. The owner wishes to have the deck to hide the ramp, give a nicer look to the area, and provide steps to the house. 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 a hardship caused by the health of the proposed owner of 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 #6 - M. Joseph Connelly, Jr. for variances of 1) 8 ft to permit additions 2 ft to 3 ft from west side property line, 2) 8 ft to permit addition 2 ft from east side property line, 3) 4 ft to permit addition 6 ft from a rear property line, and 4) 4 parking spaces to allow 19 parking spaces, at 1821 Drew St, Skycrest Unit 4, Blk F, parts of Lots 1-3, zoned CG (general commercial). The Planning Official explained the application in detail stating the setback variances are for repair bay and paint booth additions to a vehicle service operation. Buildings adjacent to the property are right up to the property lines. Only 19 parking spaces are available where 23 are required. Frank Morris, representing the applicant, stated the property originally was a gas station. The pumps and tanks were removed and the property changed to vehicle repair. Discussion ensued regarding the parking situation on the property. Based upon the information furnished by the applicant, Mr. Gans moved to grant variances #1, #2, and #3 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 particular physical surroundings, shape or topographical conditions 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 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, Plisko, and Homer voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. Mr. Gans moved to deny variance #4 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, and it would violate(s 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 #7 - N. L. Clearwater Associates for variances of 1) 247 sq ft to permit 359 sq ft of property identification signage and 2) 16 ft to permit a 36 ft high pole sign, at 2350 U.S. 19 North, Sec 31-28-16, M&B 14-06,zoned CH (highway commercial). The Planning Official explained the application in detail noting the variances are to enlarge an existing pole sign. The sign is presently nonconforming in size and height. Steve Seibert, representing the applicant, stated they wish to make the sign 4 feet higher which creates an additional 48 square feet of signage. The shopping center is on a curve of U.S. Highway 19 which creates a visibility problem. Other signs in the area are high, also. Mia Blackwood, representing the applicant, stated City staff gave her the erroneous information that the sign could be up to 35 feet high, and she allotted her signage space accordingly. She since has discovered she needs a 4 foot variance in order to put the center's name and tenants on the sign. Discussion ensured regarding the sign size already exceeding the height and size allowed and having enough visibility. Mr. Gans 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, 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 carried unanimously. Request denied. ITEM #8 - J. Marvin Guthrie for variances of 1) 3 ft to permit 4 ft high wall zero ft from a street R.O.W. and 2) zero landscaping on R.O.W. side of wall, at 1006 Bay Ave, Harbor Oaks, Lots 123 & 125, zoned RS-6 (single family residential). The Planning Official explained the application in detail stating the variances are for a wall abutting the Lotus Path right-of-way. Phil Graham, architect representing the applicant, stated they wish to build a brick wall surrounding the property to provide a buffer from traffic and protect the property. Parking for the children's vehicles is also needed. The wall is being pushed to the property lines to accommodate this parking and retain the oak trees on the property. Discussion ensued concerning walls and fences enclosing the neighborhood, aesthetics, several variances having been granted on this property, the trees in the parking area, and the necessity of the setback variance for a yard of this size. Mr. Merriam 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, they are not minimum variances, and they 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. MINUTES Mr. Homer moved to approve the minutes of 12/20/88 in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The Planning Official reported on several items to the Board. The pawn shop on Gulf to Bay Blvd has been sent a notice of violation concerning the sign on their vehicle. Import Auto Clinic on Cleveland Street was found in violation of sign codes by the Municipal Code Enforcement Board. Julie's Cafe has been notified that they need additional parking for their outdoor seating. The fence at 800 Audubon has a permit. The fence at 1941 Druid Road will be on the January 26th agenda of the Development Code Adjustment Board. The Commission passed the billboards ordinance on first reading. David Healey's report has been accepted by the Commission and should be implemented by the City Manager. The Board asked the Planning Official to check on the signage at the mini-mart at 207 Coronado and the jewelry store's portable sign at Sunset Pt and U.S. Hwy 19. The meeting adjourned at 3:50 p.m.