Loading...
06/08/1989 DEVELOPMENT CODE ADJUSTMENT BOARD June 8, 1989 Members present: Kemper Merriam, Chairman John Homer, Vice-Chairman Otto Gans Thomas J Graham Michele Krentzman Also present: John Richter, Planning Official Mary K. Diana, Assistant City Clerk The meeting was called to order by the Chairman at 1:02 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 5/25/89) Elias Anastasopoulos and Gregory Politis (E & G Investors) for a variance of 7 parking spaces to provide 8 parking spaces in lieu of the 15 parking spaces required by Code, at 678 S Gulfview Blvd, Bayside Sub #5, Blk B, Lots 7-13 & 15-20, zoned CB (beach commercial). There has been a request from the applicant to continue this item to the meeting of June 22, 1989. Mr. Gans moved to continue this item to the meeting of June 22, 1989. The motion was duly seconded and carried unanimously. ITEM B - (continued from 5/25/89) 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). The Planning Official explained the application in detail stating there will be a 40 unit housing development for low-income physically handicapped individuals. Jim Chadwick, attorney representing the applicant, stated Goodwill Industries has a contract to purchase the property from Orlandi, Inc. The development is a Federal Government assisted #202 project, which restricts the project to low-income handicapped housing use only. A tree survey was done and a slightly altered parking plan was submitted to the Board. The parking use will be limited because many people in the project will not drive and there will be only two staff members. Meeting parking requirements would be a problem because they have limited funds from HUD and many trees would have to be removed. He feels the parking variance will not impose a hardship on the neighborhood; in fact this project will create create less traffic than other types of development. There is space for additional parking, if needed, in the future. 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 the particular physical surroundings, shape or topographical conditions of the property involved create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied, subject to the conditions that this parking variance be issued to the applicant and is not transferable in the event of a sale, ? (be tied to GIS Housing 3, Inc.), and that a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM C - (continued from 5/25/89) Mobil Oil Corp for variances of 1) 7% open space for lot to permit 18%, and 2) 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 case was continued to allow the applicant to redesign the site with more open space and landscaping. Angela Adams, attorney representing the applicant, stated they are withdrawing Variance #1 because the new plan has 30% open space, which meets the Code requirement. Interior landscaping has been increased to 5.1%, requiring a variance of .9%. They have increased the interior landscaping as possible without creating a safety hazard for vehicles. Based upon the information furnished by the applicant, Mr. Graham moved to grant Variance #2 for .9% interior landscaping 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 being located on the corner of U.S. 19 and S.R. 580 and taking of area by the State and was not caused by the applicant, the particular physical surroundings, shape or topographical conditions of the property involved create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied, and it is the minimum necessary to overcome the that 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 D - (continued from 5/25/89) 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). This item was continued to the end of the meeting because the applicant or representative was not present. Paul Dorris, representing the applicant, submitted drawings showing the signs location. The new right-of-way line will be 30 feet from the building. The signs would be in the service road if placed 5 feet back from the road. Discussion ensued concerning other possible locations for the signs and the relocation of the present road. Because large vehicles towing mobile homes require large turning radius, it was concluded the signs would be in the best possible location. 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 the road change, taking of property and the limited space available would be a hardship created were the applicant held to a strict interpretation of the Code, 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 #1 - Frank Crum, Jr. and Charles Chambliss, Jr. for variances 1) of 2 ft in height to permit 6 ft high fence in setback adjoining street right-of-way to which property is not addressed, and 2) to permit wall in setback area adjoining waterfront, at 3400 and 3406 Braeside Place, Braeside Place, Lots 1 & 2, zoned RPD-6 (residential planned development). The Planning Official explained the application in detail stating the variances are to allow a wall to be erected along subdivision down to the mean high water line. Tad Chambliss stated the south and west wall were completed under permit and they wish to continue the 6 foot wall along the north property line, decreasing to 5 feet high along the water. There are no objections from the neighbors. Ray Murray, the developer, stated the wall is needed to deter trespassers and complete the wall around the property. 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 the particular physical surroundings, shape or topographical conditions of the property involved create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied, 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. ITEM #2 - Highpoint Corporation (Norman Bie) for a variance of 60 ft in height to permit 120 ft tall building, at the southwest corner of the "T" intersection of Pierce Blvd and Pierce St, Sec 16-29-15, M&B 24.06, zoned UC(B) (urban center bayfront). The Planning Official submitted a memorandum to the Board recommending denial of the item and explained the application in detail stating a preliminary site plan for a 6 story structure has been approved by the City Commission in February. The structure being considered today is 12 stories high with 24 units. Discussion ensued regarding the memorandum and whether or not Code requirements for density have been met. Norman Bie, Jr. stated he has not seen the Planning Department memorandum. A certifed survey waas done to determine the mean high water mark and which differs from the City's old survey. A density variance is not needed because there is a total of 9/1/2 acres. Parking has been provided under the building. He feels they have complied with all City Codes and procedures for the 24 units structure. Many other structures in the area exceed the 60 foot height requirement. He feels a 24 unit residence will help revitalize the downtown area. One citizen spoke in support stating that a buiilding of this type would upgrade the downtown area. Two citizens spoke in opposition expressing concerns regarding environmental impact, adverse traffic conditions, maneuverability of fire fighting equipment, devaluation of property values, and size of structure on this site being impractical and inhibiting the view. One letter in opposition was submitted for the record. Discussion ensued regarding whether or not a hardship exists and whether or not are these are minimum variances to overcome a hardship. In rebuttal, Mr. Bie stated that such a project would be beneficial in revitalizing the downtown area. He requested a continuance to in order to submit a site plan of the 12 story, 24 unit structure. Mr. Graham moved to continue the item to a time at which a new site plan is presented and reviewed by the City. The motion was duly seconded and carried unanimously. Item continued. The Board recessed from 3:00 p.m. to 3:13 p.m. ITEM #3 - Steven Traum for variances of 1) 2 ft 6 inches in height to permit sundeck (railing) 27 ft 6 inches high, and 2) 2.09 ft to permit storage shed 2.91 ft from a side property line, at 407 Midway Island, Island Estates #3, Lot 53, zoned RS-8 (single family residential). The Planning Official explained the application in detail stating the variances are for a sundeck with railing and a storage shed. Steve Traum stated they are building a second floor addition with a sundeck on the roof. The height variance is only for the railing portion of the sundeck. The style and architecture is in keeping with the neighborhood. They will be replacing an existing shed with a larger shed for extra storage. One letter in opposition was submitted for the record. Discussion ensued regarding whether renovations were in keeping with the area. Based upon the information furnished by the applicant, Mr. HOmer 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 it is the minimum necessary to overcome the unnecessary hardship created by, 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, Messrs. Graham, Homer, and Merriam voted "Aye;" Mrs. Krentzman and Mr. Gans voted "Nay." Motion carried. Request granted. Based upon the information furnished by the applicant, Mr. Homer 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, 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. Krentzman and Messrs. Gans, Graham, and Homer voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. ITEM #4 - Branch Sunset Associates Ltd (The Sports Authority) for a variance of 128 sq ft to permit a 256 sq ft business identification sign, at 1848 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). The Planning Official explained the application in detail. Don Jackson, representing the applicant, stated the store's visibility is blocked by other buildings and trees. The sign has the the mimimal sized letters for visibility. They wish to establish their company name and logo in this area. The sign does not exceed signage of any other major tenant. There is signage on the pole sign but that would not help locate the store in the center. Discussion ensued comparing other signs in the shopping center to the subject signage. Based upon the information furnished by the applicant, Mr. Graham 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, it arises from a condition which is unique to the property and location of this particular facility in the far corner of Sunset Pt/19 shopping center, and it is the minimum necessary to overcome the unnecessary hardship created by, subject to the conditions that this sign be brought into conformance on or before October 13, 1992, the sign be limited to the current usange of The Sports Authority and that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Messrs. Homer and Graham voted "Aye;" Mrs. Krentzman and Messrs. Gans and Merriam voted "Nay." Motion failed. Mr. Gans 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 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 upon the vote being taken, Mrs. Krentzman and Messrs. Gans and Merriam voted "Aye;" Messrs. Graham and Homer voted "Nay." Motion carried. Request denied. ITEM #5 - Elias Anastasopoulos and Gregory Politis (E & G Investors) (Walgreen's) for variances of 1) 3 business identification signs to permit 5 such signs, and 2) 69.5 sq ft to permit a total of 165.5 sq ft business identification signage, at 657 Bayway Blvd, Bayside Sub #5, Blk B, Lots 7-13 & 15-20, zoned CB (beach commercial). The Planning Official explained the application in detail stating the 5 signs are for 2 Walgreen's signs, and one each of Food Mart, Pharmacy, and Liquor. Jerry Lee, of American Sign Company representing Walgreen's, presented Douglas Schwartz to the Board. Douglas Schwartz, architect representing the applicant, stated the signs have been downsized requiring a variance of 13 square feet. Permits have been issued for 2 signs, 42 square feet each. The signs will identify the Walgreen's name and services to the customer. In discussion with the Board and the Planning Official, it was determined that two different methods of measurement were being used. The City measures signage a a single geometric figure, highest letters to lowest bottom of letters, where as the applicant measured actual surface area of each letter. There was some discussion concerning what is the minimum variance. Mr. Graham moved to continue this item to June 22, 1989. The motion was duly seconded and carried unanimously. ITEM #6 - Lawrence Dimmitt III for variances of 1) one property identification sign to permit two such signs, and 2) 182 sq ft to permit a total of 294 sq ft property identification signage, at 2285 U.S. 19 N, Sec 32-28-16, M&B 32.02 & 32.03 zoned CH (highway commercial). The applicant's representative requested a continuance to the meeting of June 22, 1989 due to conflicting appointments. Mr. Homer moved to continue this item to the meeting of June 22, 1989. The motion was duly seconded and carried unanimously. Item continued. ITEM #7 - Branch Sunset Associates, Ltd. (Workplace) for variance to eliminate a condition imposed by the Development Code Adjustment Board to allow a sign identifying "Workplace" on two pole signs, at 1856 U.S. 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). The Planning Official explained the application in detail stating in November, 1988, a variance for sign square footage was granted with the condition that a "Workplace" sign not be placed on the pole sign. The applicant now wishes that condition removed. Alan Teggin, representing the applicant, stated they would like the Board to reconsider their decision. The sign on the building was granted based on the setback hardship only. The sign is blocked by tree cover. The pylon sign identifies the center and major tenants. The prior hearings were not handled properly and now they need the pole signage. The square footage on the pole sign was left the same, even though Workplace is not on the pole sign. Discussion ensued concerning the fact that the Board stipulated that signage could be either on the building or the pole, not both. William Coats, of Branch Sunset, stated the landlord intended all major tenants to be on the pole sign. Planned renovations were done before Workplace became part of the center. The space is already available on the pole sign for Workplace. Discussion ensued regarding the Board granting a large variance in lieu of the pole signage, and the conditions not being placed on other businesses. Mr. Homer 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, the hardship was caused by the owner or applicant. The motion was duly seconded and carried unanimously. Request denied. ITEM #8 - Ordinance #4827-89 - An ordinance of the City of Clearwater, Florida, relating to the Land Development Code; creating Sections 135.1001 through 135.1007, Code of Ordinances, to establish the North Greenwood Commercial (CNG) District; providing for permitted and conditional uses within the district; establishing use limitations, dimensional and numerical development requirements, and an optional reduction of parking standards for the district; amending Section 134.010, Code of Ordinances, to establish sign regulations for the North Greenwood Commercial District; creating Section 137.0235, Code of Ordinances, to establish the North Greenwood Design Review Board; establishing the membership, officers, powers and duties of the board; establishing North Greenwood design standards, and a scoring system to evaluate building plans for the district; amending Section 136.006, Code of Ordinances, relating to the minimum structural setback for properties fronting on Greenwood Avenue between Palmetto Street and Marshall Street; providing an effective date. The Planning Official requested the Board continue the ordinance to the meeting of July 13, 1989, in order to finish a design manual. He explained the term, "semi-tropical architecture," as being Carribbean style with use of color and ornamentation. The district will front on North Greenwood Ave and extend from Palmetto north to Grant St. Discussion ensued concerning expanding the boundaries of the district so that residential areas would not be behind commercial zones. The PLanning Official stated the objective is not to have too much commercial area initially. Mr. Graham moved to continue Ordinance #4827-89 to the meeting of July 13, 1989. The motion was duly seconded and carried unanimously. Item continued. Development Code Adjustment Board Meeting - May 25, 1989 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). A memo was submitted to the Board concerning the Branch Sunset (Circuit City) item that was voided at the meeting of May 25, 1989. Due to staff error, the representative was not notified of the meeting. Mr. Gans moved to continue this item to the meeting of June 22, 1989. The motion was duly seconded and carried unanimously. MINUTES Mr. Gans moved to approve the minutes of May 11, 1989, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The Planning Official reported to the Board that the City cannot take any action because the Gaslight Lounge is in the County. The Bernstein, McCafferty, and Lee sign is permitted because they are only changing the face. The Planning Department is investigating the Joel and Jerry's sign. The Board discussed the sign at L.L. Wings noting that the sign is not the one approved by the Board and there is signage in the windows. Mrs. Krentzman stated she will be on vacation July 13th. Mr. Merriam will be on vacation August 24th. Mr. Gans is taking vacation in November. Mr. Merriam requested the Board take out the "as requested" part of the motion and insert the amended variance rather than incorporating it as a condition of the approval. Mr. Gans requested the Planning Official inspect the sandwich sign at Shepard's on Clearwater Beach. At the request of the new Planning and Development director, the Planning Official stated he will be submitting written staff reports to the Board for each item on the agenda. The meeting adjourned at 5:30 p.m. director.