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05/25/1989 DEVELOPMENT CODE ADJUSTMENT BOARD May 25, 1989 Members present: Kemper Merriam, Chairman John Homer, Vice-Chairman Otto Gans Thomas J Graham Michele Krentzman Also present: John Richter, 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 - (request for time extension) Clearwater Collections Associates, Ltd, for a variance of 27 sq ft of such signage, at 390 A & B U.S. Hwy 19 N, Clearwater Collection, Lots 2 & 3, zoned CPD (commercial planned development) AND AL/I (aquatic lands/interior). The applicant sent a letter requesting an extension of the time in which to obtain a building permit. Mr. Homer moved to grant a time extension of six months. The motion was duly seconded and carried unanimously. ITEM - (request for time extension) Dean Young for variances of 1) 60 ft to permit second story addition and garage seaward of the Coastal Construction Control Line, 2) 85 ft to permit pool deck greater than 1 ft above grade seaward of the Coastal Construction Control Line, and 3) 5 ft 8 inches to permit second floor addition 30 ft 8 inches high, at 1176 Mandalay Point, Mandalay Pt Sub 1st Addn, Lots 20, 20A, 21, 21A, 22, 22A, zoned RS-4 (single family residential). The applicant sent a letter requesting an extension of time in which to obtain a building permit. Mr. Homer moved to grant a time extension of six months. The motion was duly seconded and carried unanimously. ITEM A - (continued from 4/27/89) Florida Clearwater Beach Hotel Company for variances of 1) two property identification signs to permit three such signs, and 2) 54.93 sq ft to permit a total of 110.93 sq ft of property identification signage, at 500 Mandalay Ave, Clearwater Beach Resub, Tract A & adjacent 15 ft vacated street & parts of vacated Ambler St and Beach Dr, AND Clearwater Beach Park, Lots 1-5 & Lots 49-52, AND Miller's Replat, Lots 1 & 10 & part of Lot 9, zoned CR-28 (resort commercial). The Planning Official explained the application in detail stating the variances are for existing signs on Mandalay St, Baymont St, and Gulfview Blvd. Harry Cline, attorney representing the applicant, stated a unity of title has been filed to combine the three parcels. The property is seven acres fronting on four streets. He feels the property is unique in size, configuration, and zoning. The signs were existing when the renovations were started. The sign company thought the signs were grandfathered in, and put them back up without permits. Their signage is smaller than others in the neighborhood. The Planning Official stated this property's zoning is the exception, and their signage is in keeping with the area. Based upon the information furnished by the applicant, Mr. Homer 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 are the minimum necessary to overcome the unnecessary hardship created by the seven acres of land, and the number of streets and frontage along Mandalay St and Baymont St, 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 B - (continued from 5/11/89) Orlandi, Inc (Goodwill Industries) for a variance of 24 parking spaces to provide 36 parking spaces in lieu of the 60 spaces required by Code, at 1135 Turner St, Sec 15-29-15, M&B 31.19 AND Turner Street Groves, Lots 14-22 & part of vacated Madison Ave, zoned RM-28 (multiple family residential). There has been a request to continue this item to the meeting of June 8, 1989. Mr. Gans moved to continue this item to the meeting of June 8, 1989. The motion was duly seconded and carried unanimously. ITEM #1 - Mobil Oil Corp for variances of 1) 10 ft to permit storage building 10 ft from a side property line, 2) 7% open space for lot to permit 18%, and 3) 5.25% interior landscaping to provide 0.75% interior landscaping for parking lot, at 2696 U.S. Hwy 19 N, Sec 30-28-16, M&B 31.01, zoned CH (highway commercial). The Planning Official explained the application in detail stating the variances are to reconstruct a gas station. Angela Adams, attorney representing the applicant, stated the site will have a smaller car wash, new gas pumps and canopies and a convenience store. Since the area surrounding the site is a parking lot, there is no problem with the trash/storage shed in the side setback. Because of condemnation of a portion of their property to U.S. 19, they have a hardship meeting the code requirements. Also, the code requirements have changed since the site was developed in 1974. The site will be much greener, improved in appearance than before, and with all new signage. It is hard for a gas station to have much green interior landscaping because of the large vehicle flow areas, but they will try to landscape as much as possible on the perimeters. The drives will be as far as possible from the intersection per the Traffic Engineer. Discussion ensued regarding whether the proposed use is too intense for this site and whether the open space variance is minimal. The Board asked the representative if they would be willing to redesign and increase their open space on the property. The Planning Official questioned whether or not there is a hardship for the open space variance, but understood the difficulties with providing enough open space for the gas station use. Based upon the information furnished by the applicant, Mr. Graham 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 use of the property, and it is the minimum necessary to overcome the hardship created by, subject to the condition and that a sign building fence permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. upon the vote being taken, Mrs. Krentzman and Messrs. Mr. voted "Aye;" Mrs. Krentzman and Messrs. Mr. voted "Nay." Motion carried. Request granted. ITEM #2 - Elias Anastasopoulos and Gregory Politis (E & G Investors) for a variance of 25 parking spaces to provide 8 parking spaces in lieu of the 33 parking spaces required for a restaurant with 2-COP alcoholic beverage license, at 678 S Gulfview Blvd, Bayside Sub #5, Blk B, Lots 7-13 & 15-20, zoned CB (beach commercial). ITEM #3 - Waldrest Associates Ltd Partnership (Allie's Restaurant) for variances of 1) 19 ft to permit addition 56 ft from a street right-of-way (Gulf to Bay Blvd), 2) 9.58% open space for lot to allow 15.42% open space, 3) 24.2% front yard open space to permit 5.8% front yard open space, and 4) 15 parking spaces to provide zero additional parking spaces to permit a 580 sq ft restaurant addition with a 2-COP alcoholic beverage license, at 1675 Gulf to Bay Blvd, Gulf to Bay Shopping Center, Lot 2, zoned CC (commercial center). ITEM #4 - Barbara Blombach for variances of 1) 2 ft in height to permit a 6 ft high fence in setback adjoining a street right-of-way to which property is not addressed, and 2) 18 inches in height to permit a 48 inch high fence in setback adjoining a street right-of-way to which property is addressed, at 1533 Jefferson Ave S, Sall's Sub, Blk E, Lot 9, zoned RS-8 (single family residential). ITEM #5 - Branch Sunset Associates Ltd for a variance of 4 ft in height to permit a 10 ft high chain link fence about a loading dock, at 1842 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, part of Lot 12, zoned CC (commercial center). ITEM #6 - Kalmia Condominium, Inc for variances of 1) one sign identifying a multifamily development to permit two such signs, and 2) 20 sq ft to permit a total of 44 sq ft of signage for a multifamily development, at 1235 S Highland Ave, Kalmia #1 Condos AND Kalmia #2 Condos, zoned RM-28 (multiple family residential). ITEM #7 - Merle Amic (Kapok Travel Park) for a variance of 5 ft to permit two pole signs zero ft from a property line, at 3070 Gulf to Bay Blvd, Sec 16-29-16, M&B 23.02 AND Bayview Terrace, Blk 3, Lots 18-23 AND Major's Manor, Lot 1 & part of vacated alley, zoned CG (general commercial). ITEM #8 - Western Auto for variances of 1) two business identification signs to permit three such signs, and 2) 757 sq ft business identification signage to permit a total of 772 sq ft of such signage, at 2436 Gulf to Bay Blvd, Sec 18-29-16, M&B 13.05, zoned CG (general commercial). ITEM #9 - Ted Wittner (Belleair Links Plaza) for a variance of 6 parking spaces to allow 4 parking spaces in lieu of the 10 spaces required, at 1465 S Ft Harrison Ave, Belleair Highlands, Lots 1-10, AND Belleair Highlands #1, Lots 1-12, zoned CG (general commercial) and RM-8 (multiple family residential).