Loading...
07/27/1989 DEVELOPMENT CODE ADJUSTMENT BOARD July 27, 1989 Members present: Kemper Merriam, Chairman Otto Gans Thomas J Graham Emma Whitney Member absent: John Homer (excused) 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 1:04 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 6/22/89) Sunshine Terrace Condominium Association for a variance of 7 ft 6 inches to permit carport structure 4 ft 6 inches from a side property line, at 1247 South Greenwood Ave, Sunshine Terrace Condominiums, zoned RM-28 (multiple family residential). The Planning Official explained the application in detail stating a parking variance was granted in June, but the setback variance was continued to allow the applicant to investigate relocation of parking. Michael O'Malley, secretary of the condominium association, stated, due to problems encountered by the developer, some units were sold without carports. These residents have now paid for carports to cover existing parking spaces and feel inconvenienced because of the delays. Placing the carports near the south property line puts them closer to the elevator than if placed at the north end of the property. The vacant land to the south is owned by Sunshine Mall and they have no objection to the carports. Rick Luccia, of Peterson Engineering, stated the carports would be 290 feet from the elevator if placed at the north end, but only 65 feet away if placed near the south property line as proposed. Finding that the property to the south is owned by Sunshine Mall alleviated the Board's concern about locating the carports in this area. Two letters in support were submitted for the record. 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 the existing buildings, and it is the minimum necessary to overcome the hardship of the distance to the elevator, 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 B - (continued from 7/13/89) Elias Anastasopoulos and Gregory Politis (E & G Investors) (Walgreen's) for a variance of 274.5 sq ft business identification signage to permit an additional 72 sq ft ground sign (existing 202.5 sq ft pole sign), at 678 Gulfview Blvd S, Bayside, Blk B, Lots 7-13 & 15-20, zoned CB (beach commercial). The applicant has requested this item be continued to the meeting of August 10, 1989. Mr. Gans moved to continue this item to August 10, 1989. The motion was duly seconded and carried unanimously. ITEM #1 - Andrew and Nicholas Cisek (Texaco) for variances of 1) one business identification sign to permit two such signs, and 2) 24.36 sq ft to permit a total of 39.36 sq ft business identification signage, at 3100 Gulf-to-Bay Blvd, Sec 16-29-16, M&B 24.05, zoned CG (general commercial). The Planning Official explained the application in detail stating the applicant wishes to place signage on both ends of the canopy. Staff recommends approval of the variances. Ron Bingham, representing the applicant, stated visibility of their gas station is blocked since they lost a corner sign due to roadway improvements and the existing pole signs are blocked by foliage and buildings. The signage will have the smallest letters available. One letter in opposition with four signatures citing lowered property values and problems with lights at night was submitted for the record. 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 was not caused by the applicant, but by a road change and the particular shape of the property involved creates an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied, 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. Based upon the information furnished by the applicant, Mr. Gans 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, it arises from an unusual condition of serving two streets with two canopies covering two sets of pumps and that strict interpretation of the Code, if it were to be applied, would create an unnecessary hardship upon the applicant, subject to the condition that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and, upon the vote being taken, Mrs. Whitney and Mr. Gans voted "Aye;" Messrs. Graham and Merriam voted "Nay." Item continued to August 10, 1989, due to a tie vote. ITEM #2 - Missouri Ave Baptist Church. This item was withdrawn by the applicant. ITEM #3 - Jean Stuart and Evelyn Hinsey for variances of 1) 6 ft to permit construction of house 19 ft from a street right-of-way, and 2) 3 ft 9 inches to permit construction of house 6 ft 3 inches from a rear property line, at 1539 Ridgewood St, Glenwood, Lot 140, zoned RS-8 (single family residential). The Planning Official explained the application in detail noting much of this subdivision is undeveloped due to poor soils in the area and staff recommends approval of the variances. Harry Cline, attorney representing the applicant, stated the property is a corner lot with a unique configuration and heavy mature vegetation. The front property line is concave and only a portion of the house encroaches into the rear setback. The house will be 40 feet from the street. The proposed house will be 3,000 square feet to accommodate a family of six, and will be canted to save three oak trees. Since the owner also owns the lot to the rear there will be no an adverse impact with a rear setback variance. 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, particularly the location of the established oak trees, create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied, 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 #4 - Herbert Weller for variances of 1) 12 ft to permit dock 26 ft wide, 2) 19 ft to permit dock 39 ft long, and 3) 9.2 ft to 11.2 ft to permit positioning of dock 2 ft to 4 ft from extended side property lines, at 110 Devon Dr, Bayside Sub Replat, Lot 7, zoned RS-8 (single family residential) and AL/C (aquatic lands/coastal). The Planning Official explained the application in detail noting the lot is pie-shaped and narrow in width along the seawall. Staff recommends approval of the variances. Richard Baden, of AAA Marine representing the applicant, stated the long dock is necessary due to shallow water in this area. The neighbors and the Harbormaster have no objection to the proposed dock. Discussion ensued concerning whether of not the proposed dock would interfere with the construction of a dock on the adjacent property. The applicant's representative assured the Board this would not be the case. Based upon the information furnished by the applicant, Mr. Graham 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, primarily the shape of the property and the silting of the bay in that area, and was not caused by the applicant, they are the minimum necessary to overcome the 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 - Countryside Village Ltd (Beach-n-Sport Mart) for variances of 1) one business identification sign to permit two such signs, and 2) 102 sq ft business identification signage to permit a total of 150 sq ft of such signage, at 2569 Countryside Blvd, Suite #17, Countryside Village Square, Lots 5, 7 & 8, zoned CC (commercial center). The applicant has requested this item be continued to the meeting of August 10, 1989. Mr. Gans moved to continue this item to August 10, 1989. The motion was duly seconded and carried unanimously. ITEM #6 - Salvatore Caruso for a variance of 11.55 ft to permit carport 13.45 ft from a street right-of-way, at 1524 Hillcrest Ave, Brookhill Unit 8, Blk H, Lot 19, zoned RS-8 (single family residential). The Planning Official explained the application in detail and stated staff recommends denial of the variances because other developed properties in this area meet the setbacks. Salvatore Caruso stated the carport is to protect his car from the elements. The existing garage is used for storage. One letter with six signatures in support was submitted for the record. Four letters in opposition were submitted for the record noting there are no other carports and the property values will be lowered. Mr. Graham 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 #7 - Gilbert Clark (Sophie's Subs) for a variance of 34 parking spaces to allow a restaurant with a 2-COP state alcoholic beverage license where 17 parking spaces have been provided, at 1710 N Hercules Ave, Suites 107 & 108, Sec 1-29-15, M&B 34.36, zoned IL (limited industrial). The Planning Official explained the application in detail stating a 2COP alcoholic beverage license was approved by the Planning and Zoning Board conditioned on a parking variance. If beer and wine were not to be sold, the parking variance would be considerably smaller and possibly not necessary. The Traffic Engineer has no objection and staff recommends approval of the variances. Cora Clark stated the tenant is leasing 2,050 square feet for the restaurant. It will be more than a sandwich shop but will not become a nightclub or bar. Since it will be open 11 a.m. to 11 p.m., the peak parking hours will be later than other businesses in the center. If parking at the rear and on the sides of the building is included, there are 132 spaces available. The building is 40-45% office use with the remainder being used as a warehouse. Discussion ensued regarding the effect the change of use has on the parking requirements. 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, it is the minimum necessary to overcome the unnecessary hardship created by the present lot size which will be substantially reduced upon improvement and restriping of the parking lot, subject to the condition the variance be limited to a restaurant known as Sophie's Subs and not be transferrable 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 #8 - Robert Bradley (Sand Dollar Motel) for variances of 1) 6 ft to permit swimming pool 4 ft from a side property line, and 2) 13.4% lot open space to allow 11.6% open space for lot, at 128 Brightwater Dr, Bayside Sub #2, Lot 51, zoned CR-28 (resort commercial). The Planning Official explained the application in detail. It is not unreasonable for a small motel to need a pool and staff recommends approval of the variances. Fred Bloom, representing the applicant, stated the owner is concerned about providing a safe walking area around the pool and is required to meet Health Department requirements. They will place stantions and rope around the pool. Three letters in opposition citing noise and parking problems were submitted for the record. Discussion ensued concerning the fact that it is a hazard to place the pool so close to the sidewalk. There was also concern that the site is being overdeveloped. In response to a question regarding the possibility of a smaller pool, Mr. Bloom stated the Health Department requires the walls to be at least 15 feet long. Mr. Graham 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 they are not minimum variances, they are based primarily upon the desire of the applicant to secure a greater financial return from the property, they adversely affect the public health, safety, order, convenience, or general welfare of the community by the location of the pool to the main entry allowing only 6 feet between the pool and the building for access to the manager's office, 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 #9 - Mobil Oil Corporation for variances of 1) 4 ft 9 inches to permit trash and storage facility 5 ft 3 inches from a side property line, 2) 1% lot open space to allow 14% lot open space, 3) 2% total paved area interior landscaping requirement to permit provision of 4% interior landscaping, and 4) 22.46% front yard open space to allow 27.64%, at 1601 Gulf-to-Bay Blvd, Longview Sub, Lots 1 and 2, zoned CG (general commercial). The applicant requested this item be continued to the August 10, 1989 meeting. Mr. Gans moved to continue this item to August 10, 1989. The motion was duly seconded and carried unanimously. ITEM #10 - Mobil Oil Corporation for variances of 1) 7 ft 2 inches to permit trash and storage facility 2 ft 10 inches from a side property line, 2) 2% of total paved area interior landscaping requirement to provide 4% total paved area, and 3) 21.26% front yard open space to allow 28.74%, at 1496 S Belcher Rd, Imperial Square Shopping Center, Sec 24-29-15, M&B 41.05, zoned CG (general commercial). The Planning Official explained the application in detail stating the interior landscaping has been increased to provide 5.44%. Staff recommends denial of Variance #2 and approval of Variances #1 and #3. Angela Adams, attorney representing the applicant, stated the site will be redeveloped with a gas station and snack shop. The size of the site and the traffic flow create difficulties in meeting the Code requirements. The overall landscaping has been increased, but due to the use of the property, interior landscaping cannot be increased further. Discussion ensued concerning the fact that gas stations have unique development problems that other businesses do not have. Based upon the information furnished by the applicant, Mr. Gans moved to grant Variances #1 & #3 as requested and Variance #2 for 0.56% in the revised plan providing 5.44% 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, and they are the minimum necessary to overcome the unnecessary hardship created by the lot size combined with the business use and the applicant has shown good faith in providing more than the required amount of exterior landscaping to make up for the shortage of interior landscaping, 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 #11 - Elias Anastasopoulos and Gregory Politis (E & G Investors) for a variance of 5 parking spaces in lieu of the 9 parking spaces required by Code to permit fast food restaurant (ice cream parlor), at 670 S Gulfview Blvd, Bayside Sub #5, Blk B, Lots 7-13 & 15-20, zoned CB (beach commercial). This item has been withdrawn by the applicant. ITEM #12 - Diana Mendez for variances of 1) 66 inches in height to permit a 72 inch high wall with 96 inch high pillars in setback adjoining a street right-of-way (Magnolia Dr) to which property is addressed, 2) 3 ft in height to permit a 5 ft high wall with 7 ft high pillars in setback adjacent to street right-of-way (Druid Rd) to which property is not addressed, 3) 3 ft to permit wall zero ft from both street right-of-ways, and 4) 25 ft to permit 6 ft high wall zero ft from waterfront, at 205 Magnolia Dr, Harbor Oaks, Lot I & part of Lot J, zoned RS-2 (single family residential). The Planning Official explained the application in detail stating the variances are to construct masonry walls for privacy. Staff recommends approval of Variances #1 and #2 because the walls are consistent with the house and the area, and denial of Variances #3 and #4 to preserve the open space by the waterfront. Nelson Simmons, representing the applicant, stated a prospective buyer wishes to erect the walls for security and protection from crime and trespassers. The property is nonconforming and they are requesting to place the wall on the property line if necessary to save trees and shrubbery. Discussion ensued regarding the exact location of the wall in relation to the hedge and it was the consensus of the Board that they wanted a drawing showing the exact location of the proposed walls. Mr. Gans moved to continue this item to August 10, 1989, meeting. The motion was duly seconded and carried unanimously. MINUTES Mr. Gans moved to approve the minutes of June 22, 1989, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The Planning Official reported the Joel and Jerry's sign is gone, and nothing was found in the minutes regarding additional businesses in David Little's variance request. Several portable signs questioned by the Board members are in the County. Board members requested the Planning Official investigate several signs and fences that may be in violation. There was some discussion concerning a memo from Mr. Polatty to Mr. Kimpton regarding his request for a ruling regarding parking requirements for shopping centers having less than 25,000 square feet. It was determined that the Code does not allow staff to impose additional parking requirements for a change of use. Mr. Merriam reported he will not be present at the August 24th meeting. Discussion ensued regarding the City Attorney's memorandum defining quorum and conflict of interest. The meeting adjourned at 5:45 p.m.