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09/28/1989 DEVELOPMENT CODE ADJUSTMENT BOARD September 28, 1989 Members present: Kemper W. Merriam, Chairman John W. Homer, Vice-Chairman Otto P. Gans Thomas J. Graham Member absent: Emma C. Whitney Also present: Sandy Glatthorn, Planning Official Miles A. Lance, Assistant City Attorney Mary K. Diana, Assistant 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) Emily Collie for variances of 1) 10 ft to permit construction on a 40 ft wide lot, 2) 1400 sq ft to permit construction on a 3600 sq ft lot, 3) 7% building coverage to permit 49% building coverage, and 4) 4.67 ft to permit construction of house 5.33 ft from rear property line, at 1149 Tangerine St, Greenwood Park #2, Blk D, Lot 10, zoned RM-12 (multiple family residential). The applicant sent a letter requesting an extension of the time in which to obtain a building permit. Mr. Gans moved to grant a six month time extension for Variances #1 - #3 to March 9, 1990, and Variance #4 to March 23, 1990. The motion was duly seconded and carried unanimously. ITEM A - (continued from 9/14/89) Mac and Naomi Williams for variance of 11.6 ft to permit addition 13.4 ft from Carroll St. right-of-way, at 1300 Ridge Ave, Highland Pines 1st Addition, Blk 8, Lot 6, zoned RS-8 (single family residential). V 89-156 Michael Myrick, representing the applicant, stated by redesigning the addition and locating it to the rear of the house, they were able to reduce the variance. The second bedroom in the back will become the master bedroom and the addition will provide an extra bathroom. They are within the lot coverage requirements and the house will be compatible with other homes in the area. Based upon the information furnished by the applicant, Mr. Graham moved to grant a variance of 3.6 ft to the south side setback to the right-of-way of Carroll Street 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; the particular physical surroundings with 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 unnecessary hardship, that is being located on a corner lot in a neighborhood where original setbacks were 20 ft; 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 9/14/89) 2045 Corporation (Blockbuster Video) for variances of 1) one business identification sign to permit two such signs, and 2) 76 sq ft business identification signage to permit a total of 124 sq ft of such signage, at 2045 Gulf-to-Bay Blvd, Section 13-29-15, M&B's 42.03, 42.04 and part of 45.03, zoned CG (general commercial). V 89-158 Timothy Johnson, attorney representing the applicant, stated Blockbuster Video is similar to a major tenant store because of the volume of traffic generated. He submitted a revised plan showing a sign with 30 inch high letters which will face Gulf to Bay Boulevard. Adequate signage is needed for patrons to identify the store due to the heavy traffic and because most of the business is done during the twilight hours. Discussion ensued in regard to the size of the letters and Mr. Johnson indicated the store's visibility is blocked by the building next door. Mr. Johnson withdrew variance request #1. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance of 14 square feet to permit a sign of 62 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; it arises from a condition which is unique to the property; its westerly or near traffic visibility is substantially affected by the property next door, and was not caused by the applicant; and it is the minimum necessary to overcome the unnecessary hardship created by the lot size and the adjacent building; 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 - Joseph and Ann Donnelly for variances of 1) 6 ft to permit house 24 ft from a street right-of-way, 2) 3.2% open space for lot to permit 51.8%, 3) 15 ft to permit pool enclosure 15 ft from a street right-of-way, and 4) 12 ft to permit swimming pool 18 ft from a street right-of-way, 3366 Lake Shore Lane, Wynwoods Landing, Lot 14, zoned RS-4 (single family residential). V 89-163 The Planning Official explained the application in detail stating the property is a double frontage lot with no vehicular access to 66th Street. Staff recommends denial of the open space variance because they feel the hardship is self-imposed. Staff recommends approval of the setback variances. Kenneth Emery, representing the applicant, stated a condition for approval of the subdivision plat was no vehicular access to 66th Street. He indicated the front setback requirements have been met and there is more open space around the house than other houses in the area. Other homes in the area have similar sized pools and enclosures. He feels the pool cannot be moved closer to the house due to safety and structural reasons. One letter in opposition with 8 signatures was submitted for the record. Mr. Emery noted the letter was based upon the misinterpretation that the setback variance applied to Lake Shore Lane instead of 66th Street. Discussion ensued concerning whether the variances are minimal and concern was expressed in setting a precedent for other variance requests in the area. Based upon the information furnished by the applicant, Mr. Gans moved to grant variances #1, #3 & #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 were not caused by the applicant; the particular physical surroundings 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 which is 66th Street being located to the rear of the property which appears to be a fairly unused road; 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. Discussion ensued regarding the open space variance and redesigning the pool. Mr. Homer moved to continue Variance #2 to the meeting of October 12, 1989. The motion was duly seconded and carried unanimously. ITEM #2 - Ralph Lynn and Marlene Reed for variances of 1) 2 ft in height to permit a 6 ft high fence in setback adjoining a street right-of-way, 2) 3 ft to permit 6 ft high fence zero ft from a street right-of-way, and 3) landscaping requirement to permit zero landscaping on right-of-way side of fence, at 321 and 401 Mercury Ave, Reed's Sub, Lots 1 & 2, zoned RM-28 (multiple family residential) and CG (general commercial). V 89-164 The Planning Official explained the application in detail stating staff recommends approval of the variances. Lynn Reed stated he wishes to improve the appearance of Cornell Street. The fence would include an 8 foot gate at the end of the street which would be open during the day and buffer his property from the dead end unpaved street and abutting commercial property to the south. Pedestrian traffic is very heavy through the area. In response to a question, it was indicated a chain link fence would not block the unsightly view. Based upon the information furnished by the applicant, Mr. Gans moved to grant 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, the dead end road involved, create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied; subject to the conditions that there be a gate or removable fence panel to permit access to the existing manhole, and that a fence permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #3 - Gloria Williams Bailey for variances of 1) 2228 sq ft to allow construction on 2772 sq ft lot, 2) 0.5 ft to permit construction on 49.5 ft wide lot, 3) 24 ft to permit construction on 56 ft deep lot, 4) 15 ft to permit a house 10 ft from street right-of-way, and 5) 6 ft to permit a house 4 ft from rear property line, at 814 Jurgens St, Revised Map of Jurgens Addition to Clearwater, Blk A, part of Lot 2, Blk B, part of Lot 1, & part of vacated Vine Street, zoned RM-8 (multiple family residential). V 89-165 The Planning Official explained the application in detail stating the present substandard dwelling is to be demolished and the applicant wishes to replace it with a standard house. It was noted the proposed structure will be 800 square feet not 2,228 square feet as listed on the Planning Department comment sheet. Staff recommends approval of the variances. Michael Hughes, City Community Development, stated the structure was condemned a couple of years ago by the City and the owner has moved out. Because the lot is substandard, variances are needed to build a suitable house. The house will be similar to the old home with an additional utility area and carport. 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, and they are the minimum necessary to overcome the unnecessary hardship created by a change in the Code from the subdivision platted years ago which is now a substandard 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 2:40 p.m. to 2:50 p.m. ITEM #4 - The Church of God by Faith for variances of 1) 17,193 sq ft to permit construction on a 26,367 sq ft lot, 2) 29 ft to permit construction on a lot 71 ft wide, 3) 12 ft to permit building 23 ft from Myrtle Ave, 4) 19.67 ft to permit wheelchair ramp 15.33 ft from Metto St right-of-way and building 18.67 ft from Metto St right-of-way, and 5) 32 parking spaces to provide 34 parking spaces in lieu of 66 spaces required, at 1007 Myrtle Ave, Revised Map of Jurgen's Addition, Blk C, Lots 2-6, AND Sec 10-29-15, M&B 23.07, zoned P/SP (public/semi-public). V 89-166 The Planning Official explained the application in detail stating the variances are to build a church on the property. Staff recommends denial of the variances. Harvey Lawrence, pastor of the church, stated they are looking to purchase all the property on the entire block. The church wishes to start building immediately and purchase the other property next year. The property they are now renting is in poor condition. Presently, there is enough land to build the sanctuary and the other lots to be purchased later would be used for parking. There will be no money available to purchase the other lots until 1990. One citizen spoke in support stating the building they are now renting for a church is in a poor location and in need of repairs. Discussion ensued regarding whether or not the construction of the church would be overbuilding the present site, and the proposed purchase of the additional property, and it was indicated the church is negotiating a contract for this property. In response to a question, it was indicated funds are available to build the church. 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 and were not caused by the applicant; the particular shape 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 hardship created by the unique shape of the property and the use of the property as a church; subject to the conditions that the Church of God by Faith provide required parking prior to any further development on or around this parcel, 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 #5 - Edmund Morrissey (Econo Lube N' Tune) for a variance of 11 parking spaces to permit establishment of a 1125 sq ft sandwich shop and 5 bay vehicle service use (5 employees) with 27 parking spaces in lieu of 38 spaces required, at 719 S Missouri Ave, Sec 15-29-15, M&B 42.07, zoned CG (general commercial). V 89-167 The Planning Official explained the application in detail. The design of the project enables vehicles to drive directly to the staging area, into the service bays and then off site. There will be no overnight or all day parking. The proposed project will improve the site and increase the City's tax base. Staff recommends approval of the variances. Vickie Scott, representing the applicant, stated that, by meeting the open space requirements, the parking requirements cannot be met. The site is almost entirely paved. All setback requirements and parking required for the sandwich shop and the employees have been met. Most of the vehicle service will have a quick turnaround which decreases the amount of parking needed. In response to a question, the Planning Official stated the size of the parking spaces for the project do not meet standards and would need redesigning. 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; the particular physical shape 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 the parking plan be approved by the Traffic Engineer, that the variance be limited to the use as applied for, namely, Econo Lube N' Tune and sandwich shop, and 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 3:55 p.m. to 4:05 p.m. ITEM #6 - Florida VOA Elderly Housing, Inc. for a variance of 69 parking spaces to provide 69 parking spaces in lieu of 138 spaces required, in the 1300 block of Franklin St, Hibiscus Gardens, Blk W, Lots 1, 12-18; Blk Z, Lots 4-14 less Coldstream Condominium; AND vacated streets, zoned RM-28 (multiple family residential). V 89-168 The Planning Official explained the application in detail stating the variance is to provide parking for an apartment project for the elderly. This variance was previously approved by the Board on August 31, 1988, but has since expired. This variance is the same as the previous request and staff recommends approval of the variances with conditions. Edward Briggs, representing the applicant, stated the project will consist of 92 units housing the low-income and handicapped elderly with 1.1 persons per apartment. The average age will be between 73 - 75 years with the minimum age being 62 unless handicapped. The Stevenson's Creek right-of-way makes development of the site difficult. Less parking will be needed because there will be few residents driving. 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, specifically Stevenson's Creek, create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied; subject to the conditions that the time limitation set forth on the certified site plan and the additional 23 parking spaces shown on the site plan shall be developed if deemed necessary by either the property owner or the City, 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 #7 - Ordinance #4888-89 - An ordinance of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 135.099, Code of Ordinances, relating to the sale of gasoline at convenience foodstores in the Neighborhood Commercial (CN) District; providing that a convenience foodstore may include gasoline sales, subject to certain limitations; requiring the approval of the Planning and Zoning Board for more than eight (8) fueling spaces at a convenience foodstore; providing an effective date. Patricia Muscarella, attorney, stated the Code amendment was the result of an application that came before the City Commission whereby CN zoning was granted with staff being requested to look at the requirement of the three pumps. Staff researched the request to see what was reasonable and came up with the terminology of fueling spaces. The term "fueling space" relates to each space where fuel is dispensed. The ordinance allows convenience stores in neighborhood commercial (CN) to have 8 fueling spaces. A conditional use approval is required for more than 8 spaces. Mr. Homer moved to recommend approval of Ordinance #4888-89. The motion was duly seconded and carried unanimously. MINUTES Mr. Homer moved to approve the minutes of August 24, 1989, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. Discussion ensued concerning the meeting schedule for the months of November and December. Consensus was to schedule meetings for November 9th and 21st and December 14th. The Planning Official reported Ice Cold Air has been cited for code violation and the bus has been removed. Schlott Realty is filing a new variance application. The fence violation on the Gallant property has been corrected. The Board requested the Planning Official investigate the sandwich sign at Dimmitt Cadillac and the JOBS sign on Gulf to Bay Boulevard. The Board stated they would like to receive the Planning Department's recommendation sheets by the Monday prior to the meeting. Staff will check on this procedure. The Chairman noted Mrs. Whitney called him yesterday at 5:10 p.m. to say she would not be present at today's meeting. The Chairman felt this was not an excused absence. There was some discussion concerning the Christmas party for Board members and staff. The meeting adjourned at 4:40 p.m.