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10/26/1989 DEVELOPMENT CODE ADJUSTMENT BOARD October 26, 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 John Richter, Planning Official (arrived at 3:05 P.M.) 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) Vernon Ford for a variance of 15.7% front yard open space to allow 34.3% front yard open space, at 115 Brightwater Dr, Bayside Sub #2, Lots 3-5, zoned CR-28 (resort commercial). The applicant sent a letter requesting an extension of the time in which to obtain a building permit. Vernon Ford stated additional time is needed to obtain site plan approval. Mr. Graham moved to grant a six months time extension to April 27, 1990, in which to obtain a building permit, with clarification that no parking be shown in the view corridor. The motion was duly seconded and carried unanimously. ITEM #1 - John Schultz (McDonald's) for a variance of 3 parking spaces to permit 522 sq ft outdoor seating area with zero additional parking spaces, at 409 Mandalay Ave, Barbour-Morrow, Blk A, Lot 15 and part of Lot 35, zoned CB (beach commercial). V 89-176 The Planning Official explained the application in detail stating the property is developed with a fast food restaurant fronting on Mandalay Avenue and a second story dwelling above. The parking lot to the rear, shared with the property south of the restaurant, has 11 spaces. Four spaces are for the exclusive use by the restaurant and its upstairs dwelling. Of the other seven spaces, four are reserved for the exclusive use of the retail store and its second story dwelling with the remaining three spaces shared by the restaurant/dwelling and store/dwelling. The required parking for the restaurant property in its current state is 12 spaces. On February 13, 1986, a variance for thirteen spaces was denied. This decision was appealed to a State hearing officer and the variance request was lessened to eight spaces by eliminating the proposed use of the court as an outdoor seating area. The hearing officer granted the amended variance. The City appealed this decision but it was upheld. The applicant is requesting a variance for three parking spaces in order to utilize the outdoor seating. They plan to lease the parking spaces off-site from the owner of the property to the northeast. Staff recommends denial of the variance. Todd Pressman, representing the applicant, stated the request is for non-contiguous parking. McDonald's proposes to lease one of the vacant storefronts in the retail center, which will remain vacant, making the parking for use by that unit available to the restaurant. He distributed a copy of a lease agreement for this unit. In response to questions, Frank Johnson of McDonald's stated there are 8 to 12 employees working during peak hours and indicated the off-site parking spaces could be marked for the restaurant. Discussion ensued regarding whether or not McDonald's has lived up to its promise to keep the area clean and Mr. Johnson indicated it is their policy to police a one to two block area around the restaurant and said he will check with Operations for McDonald's. Discussion ensued regarding whether or not a hardship exists and whether a commitment had been made by McDonald's not to add seating. Mr. Pressman indicated in listening to the tape from the appeal to the hearing officer no promise had been made in regard to no seating. One citizen spoke in opposition stating no hardship has been shown, a health hazard and trash problem exist, and other more viable properties were available on the beach to accommodate the restaurant. Discussion ensued in regard to the term "contiguous" property and it was defined as property adjoining or separated by a right-of-way not greater than 60 feet in width. Concern was expressed in regard to the installation of a freezer at the rear of the property possibly having eliminated two of the four existing parking spaces. It was noted the lease distributed by Mr. Pressman was different than the one the Board received earlier and it was indicated the one handed out by Mr. Pressman was the current lease. Concern was expressed in regard to the applicant wanting to enclose the seating at a later date. Discussion ensued regarding the lease and the need for a clarification of the number of parking spaces at the rear of the property. 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 there is no condition which is unique to the property, the hardship was caused by the owner who is the applicant, it is not a minimum variance and does not provide for employee parking, it is based primarily upon the desire of the applicant to secure a greater financial return from the property, it would be materially detrimental or injurious to other property or the neighborhood, it would detract from the appearance of the community, it would substantially increase the congestion in the public streets, it would substantially diminish the value of surrounding property, it would adversely affect the public health, safety, order, convenience, or general welfare of the community, and it would violate the general spirit and intent of this development code as expressed in Section 134.005 and 134.006. The motion was duly seconded and, upon the vote being taken, Mrs. Whitney and Mr. Gans voted "Aye;" Messrs. Graham, Homer, and Merriam voted "Nay." Motion failed. 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, subject to the conditions: 1) that the variance run with McDonald's and so long as McDonald's is a tenant in that building; 2) that the lease for the rental of the storefront run for a minimum of 5 years subject to approval by the City Attorney; 3) that if the lease is terminated early, the tenant by his own representation agrees to remove all seating; 4) that by tenant's own representation the outside seating area shall never be enclosed; 5) that the seating be acceptable to the City's Building Department; and 6) that any permits necessary 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. Whitney and Mr. Gans voted "Nay." Motion carried. Request granted. ITEM #2 - G & G Realty (Arby's) for variances of 1) 56.6 sq ft to permit a 120.6 sq ft of property identification signage, and 2) 5 ft 3 inches in height to permit a 25 ft 3 inch high pole sign, at 1920 Gulf to Bay Blvd, Skycrest Unit D, Blk B, part of Lot 6 AND Section 13-29-15, M&B 24.03, zoned CG (general commercial). V 89-177 This item was withdrawn by the applicant. The Board recessed from 2:45 p.m. to 3:00 p.m. ITEM #3 - Edward and Gloria Goocher (Pick Kwik #73) for a variance to allow two property identification signs to be primarily viewable from the same street frontage rather than one sign on each street frontage, at 1103 Court St, Section 15-29-15, M&B 31.11, zoned CG (general commercial). V 89-178 The Planning Official explained the application in detail stating the sign is for the Speed Queen Fabric Care Center. The furniture gallery next door obstructs visibility of the laundry. There is an existing pole sign for Pick Kwik located at the northeast corner of the property. The Traffic Engineer recommends no sign be located in a paved aisle. Staff recommends approval of the variance. Phil Fern, of Heath Sign Company, stated the laundry is not receiving adequate advertisement on Court Street. They will landscape the base of the pole sign which will allow for the clear distinction of an aisle. 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 arises from a condition which is unique to the property and was not caused by the applicant, in particular, the lack of visibility caused by the furniture store directly east of the property, subject to the conditions that landscaping be provided in the area around the sign and be approved by the Traffic Engineer, 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, Messrs. Graham, Homer, and Merriam voted "Aye;" Mr. Gans voted "Nay." Motion carried. Request granted. ITEM #4 - South Main Enterprises VIII, Ltd. (Schlott Realty) for a variance of 65.7 sq ft to permit a total of 69.7 sq ft of business identification signage, at 2420 Enterprise Rd, NTW Sub, Tract I, zoned CH (highway commercial). V 89-179 The Planning Official explained the application in detail stating there are two existing wall signs and one existing pole sign. The wall signs are the subject of this variance request. On September 14, 1989, a variance was approved for one identification sign but a variance for 84.8 square feet was denied. Staff recommends denial of the variance. Todd Pressman, representing the applicant, stated the U.S. 19 sign will be 44.6 square feet and the Enterprise Road sign will be 25 square feet. He indicated the other tenants agreed to no other wall signs on the building. Schlott Realty indicated they will remove their signage on the pole. The variance is needed due to the building being located a distance from U.S. 19 with a zoning of (CH) commercial highway, and the applicant is a major tenant in the building. Discussion ensued concerning whether or not this is a minimum variance. 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 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. ITEM #5 - An ordinance of the City of Clearwater, Florida, relating to the Land Development Code; amending Sections 136.022 and 136.025, Code of Ordinances, to establish standards for noncommercial parking as a conditional use on residentially-zoned property or in the Limited Office District to provide accessory parking for adjoining nonresidential property; providing an effective date. LDCA 89-09 The Planning Official explained the ordinance in detail stating it defines the term "contiguous" and establishes standards for noncommercial parking lots as conditional uses in residential zones only as an accessory use to adjoining non-residential uses and provides a definition of "adjoining" for this purpose. Mr. Homer moved to recommend approval of the ordinance. The motion was duly seconded and carried unanimously. The Assistant City Attorney returned at 3:30 p.m. Discussion ensued concerning possible changes to the Code and it was indicated the revisions should be identified as soon as possible. Mr. Richter indicated that by May 1990 the City will be required to have their concurrency program in effect. Mr. Graham said a task force has been formed to review the code. The Board requested the Planning Official investigate possible code violations at the bank parking lot next to McDonald's on the beach, the house next door to Julie's Cafe, and the decks at Penguin Palace and Saltwater Cafe. Discussion ensued regarding the David Little sign and the conditions for approval. The meeting adjourned at 3:55 p.m.