Loading...
10/12/1989 DEVELOPMENT CODE ADJUSTMENT BOARD October 12, 1989 Members present: Kemper W. Merriam, Chairman John W. Homer, Vice-Chairman Otto P. Gans Thomas J. Graham 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) Charles & Ypapanti Alexiou (Penguin Palace) for variances 1) to permit a deck 52.3 ft seaward of the Coastal Construction Control Line, 2) of 7.67 ft to permit deck 7.33 ft from rear property line, and 3) of four parking spaces to provide zero additional spaces for an 852 sq ft deck expansion, at 7 Rockaway St, Miller's Replat, Lots 2 & 3, zoned CR-28 (resort commercial) and OS/R (open space/recreation). The applicant submitted a letter requesting an extension of time in which to obtain a permit. Discussion ensued regarding this case in which the variances were granted to allow an existing deck to remain seaward of the Coastal Construction Control Line and for a deck addition. Randy Milne, representing the applicant, stated they are requesting the time extension to reapply for State permits due to site plan changes. It was noted the variances were granted on the original plans and specifications that came before the Board. Mr. Homer moved to deny the request for a time extension. The motion was duly seconded and carried unanimously. ITEM A - (continued from 9/14/89) Willow Run, Inc. (A.A.J.R. Enterprises, Inc.) for a variance of 8 parking spaces to provide zero additional parking spaces to permit expansion of restaurant with package sales store, at 1045 N Greenwood Ave, Section 10-29-15, M&B 24.01, zoned RM-24 (multiple family residential), proposed CNG (N Greenwood commercial). V 89-160 The Planning Official explained the application in detail stating the project will help stimulate revitalization of the North Greenwood area. Staff recommends approval of the variances with conditions. Mark Brandt, attorney representing the applicant, stated this property is a unique part of an area that is a candidate for redevelopment. The applicant has a substantial investment in the project and plans to refurbish the property. The property is now a restaurant/lounge and plans are to expand to create a catering service. Johnny Long, owner of the business, stated the catering kitchen will be limited to storage and preparation of food. No additional seating will be added at this time. Discussion ensued regarding additional seating in the future and it was indicated a variance would need to be obtained for additional parking. It was noted the "covered employee parking" is not of adequate dimensions" as per the Traffic Engineer. Concern was expressed regarding the open space and it was indicated this should be addressed by the North Greenwood Task Force. One citizen spoke in support indicating this expansion would be an asset to the North Greenwood area and 13 letters in support were submitted for the record. 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, and it is the minimum necessary to overcome the unnecessary hardship created by the combination of lot size and improvements, subject to the conditions that the new construction of a "catering kitchen" with dimensions of 1400 square feet not include any customer seating and other customer service unless additional parking spaces are provided, that the building plans be subject to approval by the North Greenwood Design Committee, and that a building permit be obtained within one (1) year from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM B - (continued from 9/28/89) Joseph and Ann Donnelly for variance of 3.2% open space for lot to permit 51.8%, at 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 setback variances were approved at the last meeting. Staff recommends denial of the open space variance because there is no apparent hardship shown. Kenneth Emery, representing the applicant, stated the pool area has been redesigned to meet family needs as well as Code requirements. The owner wants a larger pool for health reasons. Discussion ensued as to whether or not a hardship exists. Mr. Emery indicated when the owner purchased the lot, he was not aware of the setbacks involved because of the double frontage lot. Discussion ensued regarding the size of the pool. It was indicated this is a new subdivision which has been designed in accordance with the Code and other homes in the area are in conformance. 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, this property is a standard lot in a typical subdivision that was developed under the Land Development Code; no unnecessary hardship was shown; the hardship was caused by the owner or applicant; 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 upon the vote being taken, Mrs. Whitney and Messrs. Gans, Graham, and Homer voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request denied. ITEM #1 - Charlie Harris for a variance of 11 parking spaces to provide 19 spaces in lieu of 30 parking spaces required to convert an office to a fast food restaurant, at 702 North Greenwood Ave, Pine Crest Sub, Blk 7, Lots 15 & 16, zoned CN (neighborhood commercial). V 89-169 The Planning Official explained the application in detail stating the property is in the North Greenwood community area with uses being dependent on less parking than in other Neighborhood Commercial zones in the City. Staff recommends approval of the variances with conditions. Charlie Harris stated he sold the convenience store and wants to convert the real estate office into a fast food restaurant. One citizen spoke in opposition citing problems with patrons loitering in the area between her home and the restaurant, trash and unpleasant odors. Discussion ensued concerning erecting a fence with a gate to allow for clean-up and relocating the dumpster to help alleviate the neighbor's problems. 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, and it is the minimum necessary to overcome the unnecessary hardship created by the lot size and change of use at the north end of the property, subject to the conditions that the existing parking lot be striped within the standards of the Traffic Engineer, that a fence be constructed at either end of the property in the rear with a gate at one end of the fences for the purpose of accessibility to the area to clean and police it, and 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. Gans, Graham, and Merriam voted "Aye;" Mrs. Whitney and Mr. Homer voted "Nay." Motion carried. Request granted. ITEM #2 - Nancy Cummings for variances of 1) 24.5 ft to allow deck extension 0.6 ft from street right-of-way and an addition 13 ft from street right-of-way, and 2) 15% front yard open space to allow 35% front yard open space, at 707 Bayview Ave, Revised Map of Town of Bay View, Blk 7, Lot 2, zoned RS-6 (single family residential). V 89-170 The Planning Official explained the application in detail stating the variances are for an addition to an existing residence. There is room to construct the addition to the rear of the house, however several large trees might be lost. Staff recommends denial of the variances. Nancy Cummings stated the house is old and built close to the property line and right-of-way. Renovations are needed to provide additional space in the small house. Discussion ensued regarding the availability of land on the site for the addition and whether or not the location of the trees creates a hardship. Concern was expressed that approval would be extending a nonconformity. Mr. Gans moved to deny the variance as requested since the applicant has not demonstrated that she 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, it would detract from the appearance of the community, 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 #3 - Steve Weintraub (The Gold & Diamond Source) for variances of 1) 229.4 sq ft to permit a total of 341.4 sq ft property identification signage, 2) 15 ft in height to allow a 35 ft high pole sign, 3) one property identification sign to allow two property identification signs, and 4) 45 sq ft to allow a 60 sq ft wall sign, at 3241 U.S.19 North, Northside Square, Lot 3, zoned CH (highway commercial). V 89-171 The Planning Official explained the application in detail. Staff recommends denial of the variances. Jon R. Wright of Adco Sign Corporation, representing the applicant, stated this property is surrounded by businesses located in unincorporated Pinellas County with less restrictive signage regulations. Kelly R. Coleman of Adco Sign Corporation stated they thought the property was in the County and designed the signage accordingly. The height variance is needed because of trees blocking the visibility of the property. He indicated they would be willing to delete the readerboard sign to reduce the square footage. Joe Ullrich, of The Gold and Diamond Source, submitted a letter of no objection with seven signatures from surrounding businesses. Steve Weintraub, of The Gold and Diamond Source, stated the diamond shape sign is their trademark and needs to be visible to the public. He indicated trees in the area create a visibility problem. Discussion ensued regarding redesigning the sign and the location of the trees in relation to the signs. Mr. Homer moved to continue this item to the end of the meeting to allow the applicant to revise his signage proposal. The motion was duly seconded and carried unanimously. The Board recessed from 3:12 p.m. to 3:23 p.m. Steve Weintraub revised his request as follows: Variance #1 - 83 square feet for total signage of 195 square feet. Variance #2 - 9 feet for total of 29 feet in height. Variance #3 - Withdrawn. Variance #4 - 9 square feet for total of 24 square feet of signage. Discussion ensued concerning whether or not the location of the trees creates a hardship and the October 13, 1992 conformance requirement for signs. Mr. Gans moved to deny Variance #1 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, it is based primarily upon the desire of the applicant to secure a greater financial return from the property, 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 carried unanimously. Request denied. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance of 9 feet in height to increase the height to a maximum of 29 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 and was not caused by the applicant, and the particular physical surroundings, i.e. the trees, create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied, subject to the conditions that this sign variance be brought into conformance with the sign code 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 Graham voted "Aye;" Messrs. Homer and Merriam voted "Nay." Motion carried. Request granted. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance of 9 square feet for a wall sign not to exceed 24 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, and the particular physical surroundings create 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. ITEM #4 - Ted Wittner (Le Petit Cafe) for variances of 1) 173 sq ft to allow 827 sq ft floor area in lieu of 1,000 sq ft required for restaurant use, 2) 14 seats to provide 36 seats rather than 50 seats required for restaurant use, and 3) one business identification sign to allow two such signs, at 1465 S. Ft. Harrison Ave, #105, Belleair Highlands, Blk A, Lots 1-10, AND Belleair Highlands 1st Addition, Lots 1-12, zoned CG (general commercial) and RM-8 (multiple family residential). V 89-172 The Planning Official explained the application in detail stating the establishment is a breakfast and lunch restaurant operating from 8:00 a.m. to 3:00 p.m. There is additional existing seating outside to the south of the cafe. A conditional use for 2 COP alcoholic beverage sales was approved on September 5, 1989, with conditions. Staff recommends approval of the floor area variances and denial of the sign variance. Anna Imbert, co-owner of the restaurant, stated a second sign is needed for more visibility on Ft. Harrison Ave. At this time, there are no plans to serve dinner. Jerry Suetholz, of Ted Wittner Company, stated the additional signage is to identify the restaurant and to help maintain a steady flow of customers. In response to a question, the Planning Official stated the existing sign is well below the permitted square footage. One citizen spoke in opposition, not to the signage, but to the sale of alcoholic beverages close to a residential area. She indicated she would have no objection if the operating hours were restricted. Discussion ensued concerning restricting the hours of operation. 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 size of the available facilities to conduct their business, subject to the conditions that the hours of operation be restricted from 8:00 a.m. to 3:00 p.m., the variance be in effect for the operation of Le Petit Cafe by Alex and/or Anna Imbert only, that the second sign be no larger that than existing 15 square foot sign, and that the sign and building permits be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #5 - Arnaldo & Merina Giampaolo and John & Iva Conti for a variance of 3 ft to place a sign 2 ft from the setback rather than the 5 ft required by Code, at 353 Coronado Dr, Columbia #2, Blk A, Lot 14, zoned CR-28 (resort commercial). V 89-173 The Planning Official explained the application in detail stating the sign will be located near the intersection of Coronado Drive and Fifth Avenue. Staff recommends approval of the variance. John Conti, co-owner, stated they are upgrading the property and, due to a name change, wish to replace the old sign. Because of the shuffleboard court, the sign cannot be located within the setback. Jim Blahut, of Garrison Graphics Sign Company, stated the existing neon cabinet will be used and electrically checked. Discussion ensued regarding setting a precedent for other beach businesses by allowing signage close to the street and it was indicated the applicant made every effort to comply. 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, and it is the minimum necessary to overcome the unnecessary hardship created by the existing shuffleboard court as the sign is being placed as close to the shuffleboard as practical, 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 #6 - City of Clearwater for variances of 1) 66 inches in height to permit a 96 inch high chain link fence in setback adjacent to street right-of-way where property is addressed, 2) 4 ft in height to permit 8 ft high chain link fence in setback adjacent to street right-of-way where property is not addressed, 3) 32 ft to permit ticket booths 3 ft from street right-of-way (Seminole St), and 4) 31 ft to permit ticket booths 4 ft from street right-of-way, and 32 ft to permit visitors clubhouse 3 ft from street right-of-way (Phillies Dr), at 801 Phillies Dr. (Jack Russell Stadium), New Country Club Addition, Blk D & part of Blk A, zoned OS/R (open space/recreation). V 89-174 The Planning Official explained the application in detail stating the variances are being requested to make necessary improvements and additions to Jack Russell Stadium to keep the stadium a viable facility for the Phillies and indicated expansion space is limited. Staff recommends approval of the variances. Ream Wilson, Parks and Recreation Director, stated a 10 foot concrete wall on Phillies Drive will be replaced with an 8 foot high chain link fence. Two ticket booths on Seminole Drive and two on Phillies Drive will help alleviate long ticket lines. A new clubhouse will replace the antiquated clubhouse which is beyond repairs. Chain link fencing will abut the clubhouse and will be landscaped. 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 to the type of use the property is being put to, and was not caused by the applicant, and they are the minimum necessary to overcome the unnecessary hardship of that type of use, 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 #7 - MAS One, Ltd for a variance to permit the erection of a 30 ft cold air balloon to draw attention to a ground breaking event whereas wind devices to draw attention to a use are prohibited, at 600 Cleveland St, Gould & Ewing's Sub, Blk 8, Lots 1-9 AND Section 16-29-15, M&B 11.04, zoned UC(C) (urban center (core)). V 89-175 The Planning Official explained the application in detail stating the balloon will be for a one day ground breaking event at the construction site of Clearwater Tower, a new office/retail building. It will help showcase the rebirth of downtown Clearwater. Staff recommends approval of the variance. Jeffrey Story, of C. Michael Smith Agency representing the applicant, stated the 30 foot cold air balloon will be part of an exciting groundbreaking on November 1st for the new 12-story Clearwater Tower building. The balloon will be 30 yards from the public and within the construction site wall with controlled entrance and exit. 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, and it arises from a condition which is unique to the property and was not caused by the applicant, i.e. the downtown market and downtown concept, subject to the condition that the cold air balloon be removed within seven (7) days of the groundbreaking. The motion was duly seconded and carried unanimously. Request granted. MINUTES Mr. Gans moved to approve the minutes of September 14, 1989, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. Mr. Gans moved to approve the minutes of September 28, 1989, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. The Board requested the Assistant City Clerk distribute copies to the board members of a newspaper article concerning zoning requests coming before the County Commission. The Board also requested the Assistant City Clerk to send a magazine article to Johnnie Long regarding the North Greenwood area. The Board requested the Planning Official investigate the Blockbuster Video signage, a revolving stand and vehicles on the right-of-way at Maximo Motors on U.S.19., and Abel's sign. The Board was informed the Planning Department is already investigating these requests. There was discussion concerning the Christmas party. Consensus was to schedule the party for December 9th. The meeting adjourned at 5:10 p.m.