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01/26/1989 DEVELOPMENT CODE ADJUSTMENT BOARD January 26, 1989 Members present: Alex Plisko, Chairman Otto Gans, Vice-Chairman Kemper Merriam Mary Lou Dobbs Member absent: John Homer Also present: John Richter, Planning Official 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) Branch Sunset Associates, Ltd. for variances of 1) 5 business identification signs to permit 6 such signs, and 2) 222.67 sq ft to permit a total of 462.67 sq ft business identification signage, at 1856 U.S. Hwy 19 N., Sec 6-29-16, M&B 41.01, 41.02, 41.04, 41.05, & 41.06 AND Blackburn's Sub, parts of Lots 1 & 12, zoned CC (commercial center). The Planning Official explained the application in detail stating the applicant has revised his variance requests by downsizing the signage requested at the meeting of December 20, 1988. He is now requesting variances of two signs and 80 square feet. George Marino, representing the applicant, stated they have revised their variance requests by eliminating two signs, downsizing one sign to become a directional sign, and using smaller sign letters. Based upon the information furnished by the applicant, Mr. Gans moved to grant variances of two signs to allow 3 signs and no more than 80 square feet of signage for a total of 208 square ft of signage because the applicant has substantially met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code, they are the minimum necessary to overcome the 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 B - (continued from 12/20/88) Herbert Brown (Wilson Development, Inc.) for variances of 1) 2.7% building coverage to permit 27.2%, and 2) 0.5% open space for lot to permit construction of a 3511 sq ft building, at 185 U.S. Hwy 19 N, Sec 17-29-16, M&B 22.01, zoned CC (commercial center). This item was withdrawn by the applicant. ITEM C - (continued from 1/12/89) 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. Zenona Niewiarowski submitted site drawings to the Board clarifying the layout of the house, pool, and enclosure. The President of the Coachman Ridge Homeowners Association had no objection to the request after seeing the plans. Based upon the information furnished by the applicant, Mr. Merriam moved to grant variance #1 for 5 ft and variances #2 & #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, due to the particular 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, and they are the minimum necessary to overcome an unnecessary hardship of lot size, 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 #1 - NCNB National Bank of Florida for a variance of 21 ft to allow auto teller room and drive-through canopy 4 ft from a street ROW, at 1640 Gulf to Bay Blvd, Sec 14-29-15, M&B 13.01, zoned CG (general commercial) and OL (limited office). The Planning Official explained the application in detail stating the request is to reconstruct a bank drive-through canopy on the CG zoned portion of the property. The canopy will align with the existing building. Dan Messaro, representing the applicant, stated they wish to demolish the old structure and build a new one with 6 customer lanes. The setback along Keystone Avenue will be the same. The canopy will be smaller, supported by four columns giving the customers better visibility. 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, the need for a variance arises from the need to improve the appearance and efficiency of the bank operation and the changes will be an advantage in terms of appearance and traffic, and 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. ITEM #2 - Jeremy Thayer for a variance of 6 ft to permit second floor addition 19 ft from a street ROW, at 710 Eldorado Ave, Mandalay Sub, Blk 2, Lot 3 & vacated st, zoned RS-8 (single family residential). The Planning Official explained the application in detail. Jeremy Thayer stated he wishes to build a second story addition on the existing garage to allow them to put a closet and bathroom in a small bedroom. The addition will provide more room for their child as well as improve the overall appearance of the house. Only part of the garage extends into the setback and the second story will have the same footprint as the garage. 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, and it is the minimum necessary to overcome the 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 - Michael Houllis for a variance of 8 ft to permit house 7 ft from rear property line, at 642 Harbor Island, Island Estates of Clearwater, Units 6D, 7A, 7C, Unit 7C, Lot 92, zoned RS-6 (single family residential). The Planning Official explained the application in detail stating the applicant wishes to build a single family house within 7 feet of the property line. In response to a question from the Board, the Planning Official stated corner lots can be re-addressed if owner wishes. Michael Houllis stated the property is unique because it is a corner lot with large restrictive setbacks. They wish to build the L-shaped house catty-corner on the property. The variance is for the west side of the house only. Barry Ullmann, architect for the applicant, stated the corner lot restricts the design of house. The two-story L-shaped house will be wrapped around the lot for aesthetic reasons. Open space will be by the northwest corner of the lot where the pool and enclosure will be built. Three citizens spoke in opposition stating the applicant knew the restrictions on the property before he bought it and should build within them, such a large structure will not conform to the neighborhood, and water runoff may be a problem. Five letters in opposition were submitted for the record. Discussion ensued regarding hardship being self-imposed, realigning the house for smaller variances, and aesthetics of the house. 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 is not a minimum variance, 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 #4 - Thomas Scott Davis for a variance of 42 inches to permit a 72 inch high fence in setback area adjoining a street ROW to which property is addressed, at 1941 E Druid Rd, Druid Acres First Addition, Lot 14, zoned RS-8 (single family residential). The Planning Official explained the application in detail stating the variance is for fencing replaced by the applicant without a permit. Louise Davis stated the fence has been there for years and is in line with his neighbors' fences. They only wish to hide any undesirable items from view. In response to a question, she stated they would be agreeable to landscaping the fence. 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 conditions that landscaping be provided on the Druid side of the fence equal to or greater than what is already there, and that a fence permit be obtained within thirty (30) days from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #5 - John C. and John J. Tabor for variances of 1) 17.7% front yard open space to allow 32.3%, 2) 29.12 ft in lot width to permit construction of parking lot on 70.88 ft wide lot, and 3) 1,060.4 sq ft lot area to permit construction of parking lot on 8,939.6 sq ft lot, at 512 N Garden Ave, Nicholson & Sloan's Addition, Lot 9 & part of Lot 8, zoned CG (general commercial) and RM-8 (multiple family residential). The Planning Official explained the application in detail stating the applicant wishes to build a parking lot for the commercial building on the property. The first variance is needed to allow the applicant to meet the driveway requirements. The other two variances are required because it is a substandard lot. John Tabor stated that when he purchased the lot, the Zoning Department told him everything was all right. However when he went for licensing, he found he needed the variances. He made extensive renovations to bring the condemned building up to Code. He plans to pave the driveway and parking lot and landscape the area. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances 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, they arise from a condition which is unique to the property and was not caused by the applicant, and they are the minimum necessary to overcome the hardship of the size of the lot, 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. The Board recessed from 2:45 p.m. to 3:00 p.m. ITEM #6 - Skylark Opportunities, Fred Wilder, Wilder Properties, and Stone Buick, Inc for a variance of 96.5 sq ft directional signage to permit a total of 102.5 sq ft on two such signs, at 1133 Cleveland St, Sec 15-29-15, M&Bs 21.04, 21.05, 21.06, 21.07 AND R.H. Padgett's Sub of Original Lots 2 & 5, Lots 1, 2, 5-6, 13 & 14, zoned UC(E) (urban center -eastern corridor). The Planning Official explained the application in detail stating the variance is to permit existing directional signage on awnings to remain. Fred Nichols, representing the applicant, stated the signs were installed without a permit. The sign on the awnings are to direct customers to the proper areas, and provide more visibility for the dealership. Discussion ensued regarding visibility of the dealership, and the necessity and purpose of the awning signage. 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 is not a minimum variance, and it 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 #7 - Southern Management Services Corporation for a variance of 39.5 sq ft to permit a 63.5 sq ft property identification sign, at 1111 S Highland Ave, Sec 14-29-15, M&Bs 34.05 & 34.06, zoned RM-28 (multiple family residential) and OL (limited office). The Planning Official explained the application in detail stating the variance is to allow existing property identnfication signage to remain. He noted that a variance was approved in April, 1988, for 16 square feet to permit a 40 square feet of signage. However, a total of 63.5 square feet of signage now exists. Donald Poteet, property manager, stated they did not realize they needed the extra square footage when they received their prior approval. They wish to keep the corporate logo on the sign because it is important for the public's recognition of their company. 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, subject to the condition that a sign permit be obtained within thirty (30) days from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #8 - Tio Pepe, Inc and E & R Properties, Inc for variances of 1) 22 ft to permit canopy 3 ft from a street ROW and storage room addition 20 ft from a street ROW, 2) 1.3% front yard open space, and 3) 0.27% open space for the lot, at 2930 Gulf to Bay Blvd, Sec 17-29-16, M&Bs 14.04 & 14.05, zoned CG (general commercial) and CR-24 (resort commercial). The Planning Official explained the application in detail. Frank Milano, representing Tio Pepe, stated the owners wish to construct a small storage area for beverages near the bar. The Department of Transportation took approximately ten feet of right-of-way which causes a hardship. The canopy is to cover the wheelechair ramp. Based upon the information furnished by the applicant, Mr. Gans moved to grant the variances 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, they arise from a condition which is unique to the property and was not caused by the applicant in as much as the property was taken by the State, 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 #9 - Jerry Yegge for variances of 1) two business identification signs to permit four such signs, and 2) 76.8 sq ft to permit a total of 154.8 sq ft business identification signage for two businesses, at 936 B & C Cleveland St, Cleveland Street Addition, Lots 4-7, zoned UC(E) (urban center (eastern corridor)). The Planning Official explained the application in detail stating the variances are for signage at a small strip shopping center. The request will permit them to use existing signs. Rich Crawford, purchaser of the property, stated there are three businesses in the building and they need signage on the east side to be visible to westbound traffic. There is signage on the awning, but it is not visible to traffic. The awning signage is within code requirements. Discussion ensued regarding the applicant downsizing the signs and reapplying to the Board for a smaller variance. Mr. Gans moved to continue this case to the meeting of February 9, 1989. The motion was duly seconded and carried unanimously. MINUTES Mr. Gans moved to approve the minutes of January 12, 1989, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The meeting adjourned at 4:00 p.m.