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08/10/1989 DEVELOPMENT CODE ADJUSTMENT BOARD August 10, 1989 Members present: Kemper W. Merriam, Chairman John W. Homer, Vice-Chairman Otto P. Gans Emma C. Whitney Member absent: Thomas J. Graham (excused) Also present: Sandy Glatthorn, Planning Official Miles A. Lance, Assistant City Attorney Susan Stephenson, Deputy City Clerk The meeting was called to order by the Chairman at 1:07 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 7/13/89 & 7/27/89) 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). V 89-119 The Planning Official explained the application in detail stating the variance request has been reduced to 202.5 square feet of signage by reducing the pole sign to 130.5 square feet which allows a 72 square foot ground sign. Staff recommends approval of the variances. Douglas Schwartz, representing Walgreen's, stated the reduced variance request supports the owners' and Walgreen's efforts to comply with the Board's wishes. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance of 202.5 square feet 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, the application of existing standards creates a hardship until the new sign requirements take effect in 1992, subject to the conditions that the existing motel pole sign be reduced in proportion to the sign to be erected ie: reduced by 72 square feet, with the further conditions that the pole sign for the motel and the freestanding sign for Walgreen's be brought into conformance on or before October 13, 1992, 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, Mrs. Whitney and Messrs. Gans and Homer voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. ITEM B - (continued from 7/27/89) 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) 4% total paved area interior landscaping requirement to permit provision of 2% 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). V 89-133 The Planning Official explained the application in detail stating the site is being redeveloped with a new gas station. Since the site is being virtually rebuilt, staff feels the applicant should be able to comply with the codes and, therefore, recommends denial of the variances. Angela Adams, attorney representing the applicant, stated this site is the smallest of the three sites they are rebuilding in the area. They have problems with landscaping, safety, and traffic flow on such a small site, and are trying to reduce everything to a minimum and still leave room for tank trucks. Mobil's standards call for a 35 foot wide drive and they have reduced one to 31 feet and another to 27 feet. The proposed building will be 300 square feet smaller than the existing building. In addition, they will provide more landscaping than is required by Code and it will be of a larger size. Discussion ensued concerning whether or not the site is being overdeveloped and whether an increase from 2 pump islands to 3 islands is minimal. David McDonald, engineer for Mobil Oil, stated Mobil's new image is a gas station with three pump islands and the canopies will be placed parallel to Gulf-to-Bay Blvd because it is a major road. Discussion ensued regarding possible traffic flow and access problems to the station due to the proposed location of the gas islands and the routing of traffic behind the building. 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 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. ITEM C - (continued from 7/27/89) 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). V 89-129 The Planning Official explained the application in detail stating the variances are to correct existing nonconforming signage. This corner site has a canopy facing both streets. Staff recommends denial of the variances because the allowable square footage can be divided between the two signs on the canopy. Larry Schwartz, owner of Beach and Sport Mart, stated the letters are scotchguarded onto lighted panels. A sign company placed the signs and he was unaware of the violation. The storefronts are hidden by other buildings. He feels the number of letters in the store name creates a hardship. He is willing to reduce the variance request to 48 square feet. Based upon the information furnished by the applicant, Mr. Gans moved to grant Variance #1 as requested and Variance #2 for 48 square feet 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, as he faces two "streets," they are the minimum necessary to overcome the unnecessary hardship created by the location of the business in the shopping center, 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 D - (continued from 7/27/89) Andrew and Nicholas Cisek (Texaco) for variance of 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). V 89-125 The Planning Official explained the application in detail stating the applicant has lost signage due to road widening. Staff recommends approval. Ron Bingham, representing the applicant, stated a corner sign was lost due to road improvements and the existing signage is blocked by buildings and trees. One citizen from Tradewinds Condos spoke in opposition stating they are adverse to any additional signage, and already have noise and light problems. Two letters in opposition, both with the same 4 signatures, were submitted for the record. Ron Bingham stated the signs will face away from the condominiums and the lights will be low intensity neon. 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 double frontage of the lot and Department of Transportation road widening, 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 E - (continued from 7/27/89) 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). V 89-136 The applicant has requested this item be continued to the meeting of August 24, 1989. Mr. Gans moved to continue this item to the meeting of August 24, 1989. The motion was duly seconded and carried unanimously. ITEM #1 - Howard Jimmie for variances of 1) 43 ft to permit construction on a 57 ft wide lot, 2) 3 ft in height to permit a 7 ft high wall in setback areas adjoining street right-of-ways to which property is not addressed, 3) 3 ft to permit wall zero ft from street right-of-ways, and 4) 17.85 ft to permit building 2.15 ft from a street right-of-way, at 609 Seminole St, J.H. Rouse's Addition to Clearwater, Blk 3, Lots 19-21, zoned IL (limited industrial). V 89-137 The Planning Official explained the application in detail stating the site is long and narrow and bordered by streets on three sides with a railroad right-of-way on the fourth side. The building at the south end of the property will be completed and a block wall will extend along the south, east, and west sides of the property. Staff feels this will improve the neighborhood and recommends approval of the variances. Gordon Killion, representing the applicant, stated because this is a high crime area, they need security which will be provided by the completed building and the block wall. Landscaping will be provided outside the wall. 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, and it arises from a condition which is unique to the property and was not caused by 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 carried unanimously. Request granted. Based upon the information furnished by the applicant, Mr. Gans moved to grant variance #2 as requested to permit a 7 foot high wall 18.5 feet to the north of the building on the east side of the property to the gate 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 in as much as the existing building is 7 feet high at that point, and was not caused by 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 carried unanimously. Request granted. Mr. Gans moved to deny variance #3 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 violates 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. Based upon the information furnished by the applicant, Mr. Gans moved to grant variance #4 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 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 building permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Mrs. Whitney and Messrs. Gans and Merriam voted "Aye;" Mr. Homer voted "Nay." Motion carried. Request granted. The Board recessed from 3:10 p.m. to 3:20 p.m. ITEM #2 - Texaco, Inc for variances of 1) 5 business identification signs to permit a total of 6 such signs, and 2) 133.3 sq ft to permit a total of 148.3 sq ft business identification signage, at 1898 Highland Ave, Section 2-29-15, M&B 32.01, zoned CN (neighborhood commercial). V 89-138 The Planning Official explained the application in detail. Staff recommends denial of the variances. Discussion ensued concerning whether or not the applicant should have requested more square footage or additional signs based on the method used to calculate the signage; particularly, whether the logo and corporate name were counted as one sign or two. Mr. Sinnes, of Woodall Signs, stated a continuance of this item would be acceptable in order to clarify the signage requests. Mr. Gans moved to continue this item to the meeting of August 24, 1989. The motion was duly seconded and carried unanimously. ITEM #3 - Bert Munro for variances of 1) 8.3 ft to permit addition and wheelchair ramp 16.7 ft from a street right-of-way (S Greenwood Ave), and 2) 4.8 ft to permit addition 20.2 ft from a street right-of-way (Pine St), at 612 S Greenwood Ave, Magnolia Pk, Blk 23, pt of Lots 17 & 18, zoned OL (limited office). V 89-139 The Planning Official explained the application in detail stating the existing residence is being converted to office use. The requested variance will square off a corner of the house and the wheelchair ramp is in the most desirable location due to the layout of the parking area and large trees on the property. Staff recommends approval of the variances. Michael Soffarelli, representing the applicant, stated other homes in the area have been converted to offices. The lot coverage and parking requirements will be met. The ramp cannot be located elsewhere. 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 unnecessary hardship created by the 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 #4 - South Main Enterprises VIII, Ltd for variances of 1) one business identification sign to permit two such signs, and 2) 84.8 sq ft to permit a total of 88.8 sq ft business identification signage, at 2420 Enterprise Rd, NTW Subdivision, Tract 1, zoned CH (highway commercial). V 89-140 The applicant has requested this item be continued to the meeting of August 24, 1989. Mr. Gans moved to continue this item to the meeting of August 24, 1989. The motion was duly seconded and carried unanimously. ITEM #5 - Florida Power Corp for a variance to permit grass parking rather than the permanent all-weather surface required, in 2500 block of Gulf to Bay Blvd, Section 18-29-16, M&B 41.05, zoned P/SP (public/semi-public). V 89-141 The Planning Official explained the application in detail stating the variance is for El Capitan Restaurant overflow parking. Staff recommends approval of the variances with conditions. Discussion ensued concerning whether or not access aisles should be paved. Jerry Cobb, attorney representing the owner, stated the owners of the restaurant have attempted to purchase the property from Florida Power since 1982. The restaurant has a one year license agreement with Florida Power. Because the agreement has a 30 day cancellation notice, it is cost prohibitive to pave the area. The additional parking will be for peak business times because customers are now parking on surrounding properties. The area will bordered with railroad ties, landscaped, and have lights and irrigation. Similar variances have been granted in this area. In response to a question regarding why the site closest to Gulf-to-Bay Blvd is to be used, he stated they were only offered this parcel. It affords better lighting and safety for the customers. Discussion ensued regarding the conditions proposed by staff and it was pointed out that they are not consistent with the conditions for approval of similar requests. 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 arises from a condition which is unique to the property and was not caused by the applicant, subject to the conditions that improvements indicated on the plot plan be made by El Capitan such as lighting and irrigation, that landscaping be included extending from the El Capitan property adjoining Gulf-to-Bay to the end of the property as indicated on the plot plan, that this landscaping effectively serve the purpose of beautifying this area, that this variance be reviewed in 12 months, 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 #6 - Trizec Properties for variances of 1) 166 sq ft to permit a total of 550 sq ft property identification signage, 2) 40 ft in height to permit a 64 ft high pole sign, 3) pole signs to be used in lieu of ground signs for generous street frontage, and 4) 120 sq ft to permit a 160 sq ft building identification sign, in 2600 block of Gulf to Bay Blvd, Section 17-29-16, M&B 31.01, 32.01, & 32.02, zoned CC (commercial center) and OL (limited office). V 89-142 The Planning Official explained the application in detail stating the variance requests are for signs to promote a new image in conjunction with the renovation of Clearwater Mall. The height of the pole sign is due in part to the location of the overpass. Small pole signs are being used in lieu of ground signs by the driveways and a Burdine's sign is being relocated. Staff recommends approval of Variances #1, #3, and #4 as requested and a variance of 26 ft in height for Variance #2 with the condition that the City obtains easements on the property. Hoyt Isom, architect, stated the matter of the easements is under discussion with the City. The pole sign is currently 60 feet high and they are only remodeling it. The pole sign height is needed because of the overpass and to keep the sign from blending in with the background. The sign will become a landmark for the mall. The other signs are an airy design. The letters of the Burdine's sign will be reinstalled on a panel. The solid area of the sign on Gulf-to-Bay Blvd is 192 square feet and the green area at the base of this sign will be increased. John Waters, of Hahn Company, stated the easements issue is not related to the signs and an agreement is being worked out with the City. Discussion ensued concerning whether or not it is appropriate to tie the easement issue to approval of the variances. It was the consensus of the Board that the easements had no relation to the variance requests. There was some discussion regarding the appropriate height of the pole sign due to the impact of the overpass. Based upon the information furnished by the applicant, Mr. Gans moved to grant variance #1, #3, and #4 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, the particular physical surroundings, of the property involved create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied, and they are the minimum necessary to overcome the unnecessary hardship created by the lot size, subject to the conditions that the surface area of the main sign on S.R. 60 be restricted to the sign and advertising area as illustrated on the applicant's concept sketch submitted with this application and 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 a condition which is unique to the property and was not caused by the applicant, but caused by DOT construction of an overpass immediately to the west and north of the subject property, and it appears to be the minimum necessary to overcome this hardship, subject to the conditions of review by the appropriate City sign board on or before October 13, 1992, and that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. The Board recessed from 5:30 p.m. to 5:35 p.m. ITEM #7 - Church of Scientology Flag Service (Sandcastle Motel) for a variance of 53.16 ft to permit parking spaces in clear space, 5 ft strip to remain, at 200 N Osceola Ave, Section 16-29-15, M&B 43.07, zoned UC(B) (urban center - bayfront). V 89-143 The Planning Official explained the application in detail stating the applicant is converting the existing motel into offices. Providing parking is a hardship because of the shape and topography of the site. Staff recommends approval of the variance. Tom Robbins, architect representing the applicant, presented a revised site plan to the Board. The hardship is created by the narrow width of the lot and the natural bluff. Without the variance to allow parking in the view corridor, it will be necessary to construct a retaining wall and remove several large oak trees. An existing building will be removed from the view corridor. Robert Resch, architect, stated the existing parking in the clear space is grandfathered. In order to meet the parking requirement, they need to place 7 additional parking spaces in the clear space. Discussion ensued concerning the number of spaces presently located in the view corridor and the location of the new spaces to be placed in the corridor. Randy Young, of the Church of Scientology, stated they are renovating the entire site. One letter in opposition was submitted to the Board. The Board cited other requests involving clear space, noting most variances for structures in the clear space are denied. Based upon the information furnished by the applicant, Mr. Homer 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, 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, in particular the slope of the bluff, the oak trees, and the narrowness of the lot, subject to the conditions that parking in the clear space be limited to private cars only, except for loading and unloading of vehicles and a building permit be obtained within six (6) months from this date. The motion was duly seconded and upon the vote being taken, Messrs. Homer and Gans voted "Aye;" Mrs. Whitney and Mr. Merriam voted "Nay." Request continued to August 24, 1989 due to a tie vote. Discussion ensued by the Board members concerning the reasons behind their votes. Due to the absence of a board member for the August 24th meeting, consensus of the Board was to continue this item to the meeting of September, 14, 1989. Mr. Homer moved to continue this item to the meeting of September 14, 1989. The motion was duly seconded and carried unanimously. ITEM #8 - City of Clearwater (Chi Chi Rodriguez Youth Foundation) for a variance to allow a temporary building to remain one year in addition to initial three 120-day permitting periods allowed, at 1345 Court St, Section 15-29-15, M&B 41.01, zoned OS/R (open space/recreation). V 89-144 The Planning Official explained the application in detail noting the activities conducted in the temporary building will be relocated. Staff recommends approval of the variance. Polly Bateman, of Chi Chi Rodriguez, stated the program for children is expanding, and will be moving to a permanent location by January. Based upon the information furnished by the applicant, Mr. Homer 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 Code in that it is a foundation serving the community, subject to the condition that a permit be obtained within sixty (60) days from this date. The motion was duly seconded and carried unanimously. Request granted The Planning Official inquired as to the Board's interest in viewing videotapes of several of the sites discussed at today's meeting. It was the consensus of the Board that this should be done when all board members are present and they questioned the reason for the videotapes when all Board members make site inspections. The Planning Official is to report back regarding this matter. The Board requested receipt of the comment sheets from the Planning Department prior to their on site inspections. The meeting adjourned at 6:52 p.m.