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11/21/1989 DEVELOPMENT CODE ADJUSTMENT BOARD November 21, 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) Dean Young for variances of 1) 60 ft to permit second story addition and garage seaward of the Coastal Construction Control Line, 2) 85 ft to permit pool deck greater than 1 ft above grade seaward of the Coastal Construction Control Line, and 3) 5 ft 8 inches to permit second floor addition 30 ft 8 inches high, at 1176 Mandalay Point, Mandalay Pt Sub 1st Addn, Lots 20, 20A, 21, 21A, 22, & 22A, zoned RS-4 (single 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 time extension of six months to June 20, 1990. The motion was duly seconded and carried unanimously. ITEM A - (continued from 11/9/89) Star Enterprise (Texaco) for a variance of 3.6 interior landscaping for parking lot to allow provision of 2.4% at 1501 Gulf to Bay Blvd, Druid Hills, Lots 1, 2, 4 & 18, zoned CG (general commercial). V 89-184 The Planning Official explained the application in detail stating the applicant is proposing to develop the site with a Texaco food mart/filling station/car wash. Staff recommends denial of the variance. Mr. Homer moved to continue this item to later in the meeting as no representative was present at this time. The motion was duly seconded and carried unanimously. As there was still no representation later in the meeting, Mr. Gans moved to void this item. The motion was duly seconded and carried unanimously. ITEM B - (continued from 11/9/89) Forrest and Renee Garrison (Checkers Drive-In Restaurant) for variances of 1) 30 ft to permit building 145 ft from centerline of U.S. Highway 19 South, 2) 15 ft to permit structure 5 ft from a side (south) property line, and 3) 30% front yard open space to allow 20%, at 1474 U.S. Highway 19 S, Section 19-29-16, M&B's 41.09 & 41.10, zoned CH (highway commercial). V 89-186 The Planning Official explained the application in detail stating the applicant is proposing to develop the site with a fast food restaurant. Staff recommends denial of the variances. Harry Cline, representing the applicant, stated the site plan has been revised providing for more open space with the applicant proposing to locate 13 feet from the property line. The motel owner next door to the proposed establishment spoke in opposition expressing concern that a business of this nature would have an adverse effect on his motel trade. Mr. Cline indicated the site plan was difficult to redesign due to the proposed location of the establishment and the environment surrounding it and he indicated this is a minimum request. Discussion ensued in regard to the selected site not being appropriate due to its size. Concern was expressed regarding ingress and egress to the site presenting a dangerous situation due to the limited frontage. In response to questions, it was indicated the fence on the south side of the property will remain; however, the billboard is not located on this property. Discussion ensued in regard to the traffic problem that could be created due to the limited frontage and it was indicated there is a right turning lane leading to the site. Based upon the information furnished by the applicant, Mr. Graham 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 is unique to the property and was not caused by the applicant; the particular surroundings of 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 created by its location on U.S. 19 and the adjacent buildings which would block the view of this particular building; subject to the conditions that a 6 foot fence be maintained on the south property line, that the blockades remain as they are on the property, and a building permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Upon the vote being taken, Mrs. Whitney, Messrs. Graham, Gans, and Homer voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. Based upon the information furnished by the applicant, Mr. Graham moved to grant a variance of 7 feet to permit structure 13 feet from the south property line 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, shape, and size of the property involved, because of the entry drive and existing parking, create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied; it is the minimum necessary to overcome the unnecessary hardship created by the lot size and the location along U.S. 19; 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. Graham and Homer voted "Aye;" Messrs. Gans and Merriam voted "Nay." Motion carried. Request granted. Mr. Homer moved to continue variance request #3 to the end of the meeting, or if necessary, to December 14, 1989, so that the applicant could recalculate the open space requirement. The motion was duly seconded and carried unanimously. Mr. Cline said the open space requirement has been recalculated and the applicant is proposing to provide 28 percent. The Planning Offical indicated that the calculations appear to be correct; however, a burden is placed upon the City to approve a variance of percentage. In response to questions, it was indicated that parking requirements for this site meet code and that the sanitation issue has been addressed. Discussion ensued in regard to relocating the building further to the back. Based upon the information furnished by the applicant, Mr. Graham moved to grant a variance of 22% front yard open space to allow 28% 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 of the property involved create an unnecessary hardship upon the applicant if a strict interpretation of the Code were to be applied; it is the minimum necessary to overcome the unnecessary hardship created by the location of the building on the property and the location of the existing driveway and parking; 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 Mr. Graham voted "Aye;" and Messrs. Homer, Gans, and Merriam voted "Nay." Motion failed. Mr. Gans moved to continue this item to the meeting of December 14, 1989. Upon the vote being taken, the motion carried unanimously. ITEM #1 - Thomas and Sonja Jones for variances of 1) 9.37 ft to permit garage addition 15.63 ft from a street right-of-way (Gardenia St.), 2) 1.0 ft to permit garage addition 24 ft from a street right-of-way (Bay Esplanade), and 3) 10 ft to permit construction on 60 ft wide corner lot, at 841 Bay Esplanade, Mandalay, Blk 40, Lot 1, zoned RS-8 (single family residential). V 89-187 The Planning Official explained the application in detail stating the applicant is proposing to construct a single car garage. The property consists of a 60-foot wide non-conforming lot. Staff recommends approval of the variances. Thomas Jones stated the garage will provide protection for his automobile. In response to a question, it was indicated the existing garage was converted to living quarters possibly in the early 1960's. 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 it arises from a condition which is unique to the property and was not caused by the applicant, i.e, the street right-of-way (Gardenia Street) being a dead end street, the side setback would have a minimal effect if any; 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 #2 - TOC Retail, Inc. (Majik Market Corporation) for variances of 1) 67.3 sq ft business identification signage to permit a total of 82.3 sq ft of such signage, and 2) 3 business identification signs to permit a total of 4 such signs, at 1840 Gulf to Bay Blvd, Section 13-29-15, M&B 23.04, zoned CG (general commercial). V 89-188 The Planning Official explained the application in detail stating there is one existing pole sign and three business identification signs on the property. The only hardship appears to be the way the facility was constructed with the gas canopy extending over the building on three sides, which he indicated to be self-imposed. Staff recommends denial of the requested variances. Glen A. Denard, representing the applicant, indicated the existing Tenneco sign and separate emblem on the gas canopy are proposed to be removed and replaced with a Majik Market sign. The existing three identification signs on the property are proposed to remain. Concern was expressed that the property has excessive signage due to Tenneco, the previous owner, advertising its brand of gas in addition to the food mart. Discussion ensued in regard to the number of signs, the total square footage of the signage, and what message would be displayed on the signs. Based upon the information furnished by the applicant, Mr. Gans moved to grant a variance of 9 square feet business identification signage to permit a total of 24 square feet of such signage and one business identification sign to permit two such signs 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 condition and that a sign permit be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #3 - TONE 40 Ltd and Matthew Feshbach (Off-Limits) for variances of 1) 32 sq ft to permit 80 sq ft of total business identification signage, and 2) one business identification sign to permit two such signs, at 628 Cleveland St, Gould & Ewing's 2nd Addition, Blk 19, Lot 11 & part of Lot 12, zoned UC(C) (urban center-core). V 89-189 The Planning Official explained the application in detail stating the property is developed with a two-story commercial building and the intended use of the building is a nightclub. Staff recommends approval of the variances. Raymond Cassano, representing the applicant, stated the variance is being requested because the visibility of the building is blocked by other buildings in the area and he would like his business to be noticeable to the beach traffic. He indicated the nightclub will be a non-alcoholic establishment for young adults. Concern was expressed that the 48 square foot canopy sign was excessive and it was noted this size canopy sign is permitted. Mr. Cassano indicated he already has the signage from his other nightclub on U.S. 19 that he will be closing. He indicated neon lighting will be placed around the building and the canopy sign will be brightly lit with flourescents. Mr. Cassano indicated the building has been empty for some time and said he is taking a risk by relocating in downtown Clearwater. Concern was expressed in regard to the placement of signs above the first floor and Mr. Cassano said he would restrict the signage to this level. 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 use of the property and was not caused by the applicant; 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 the sign on the east building wall not be placed above the first story, that these variances apply only to the extent that the building be used for the purpose as stated by the applicant, i.e., a teenage non-alcoholic establishment, 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 meeting recessed from 2:55 P.M. to 3:10 P.M. ITEM #4 - Jack and Betty Simpson for a variance of 10% lot open space to allow 35% open space, at 896 Island Way, Island Estates of Clearwater, Unit 8, Lot 49, zoned RS-6 (single family residential). V 89-190 The Planning Official explained the application in detail stating the applicant is proposing to construct a single family home. Staff recommends denial of the variances. Alex Plisko, Jr., representing the applicant, indicated the property is rectangular shaped, relatively small, and slopes five feet to the seawall. He said the proposed wooden decks will be drainable. Jack Simpson, applicant, indicated the green space will be greater than required by proposing a single driveway. One citizen spoke in opposition to the application expressing concern that the proposed wooden deck would create a gathering place for snakes, rats, and other rodents. A petition with fourteen (14) signatures in opposition to the wooden deck was submitted for the record. Mr. Plisko indicated the deck would be sealed around the bottom with a gravel bed underneath for drainage. Discussion ensued in regard to whether or not landscaping would cause more of a rodent problem rather than decking. Concern was expressed as to whether this was a minimum variance and whether or not the deck should be sealed around the bottom. 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 that Lot 49 was originally platted to be a street end and the other cul de sacs were designed for development and are larger shaped lots; subject to the condition that a building permit be obtained within one year from this date. The motion was duly seconded and upon the vote being taken, Mrs. Whitney, Messrs. Gans, Graham, and Homer voted "Aye:' Mr. Merriam voted "Nay". Motion carried. Request granted. ITEM #5 - Dimmitt Car Leasing for a variance of 97 sq ft to permit a total of 145 sq ft business identification signage, at 611 S Ft Harrison Ave, Wallace's Addition, Blk 3, Lots 2, 3, part of Lot 10, and all of Lot marked Parsonage Acre, zoned CG (general commercial). V 89-191 The Planning Official explained the application in detail stating the property is developed with an automobile sales and service establishment. The existing sign is the subject of an enforcement proceeding with the sign being three times larger than allowed. Staff recommends denial of the application. Victor F. Able, applicant, indicated he contracted with a sign company to erect the existing sign. He indicated his business is difficult to locate in that it is 165 feet back from the road with a building on each side. In response to a question, it was indicated the sign company that erected the non-conforming sign is no longer in the area and cannot be located. Mr. Able said he has been requested by staff to remove a pole sign in front of his property which he has done. In response to questions, Mr. Abel indicated his hours of business are Monday through Saturday from 7:00 A.M. to 4:00 P.M. and that he has no employees working for him at the present time. Discussion ensued in regard to the view of his business being minimal at this location. 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; and it arises from a condition which is unique to the property and was not caused by the applicant in as much as his business is set 165 feet back from Fort Harrison and is bounded and obstructed on the north and the south by buildings making this a unique situation; subject to the conditions that this variance shall only be granted to Mr. Victor F. Abel for as long as he conducts the business of Abel Auto Repair 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. Gans, Graham, and Homer voted "Aye;" Mr. Merriam voted "Nay." Motion carried. Request granted. ITEM #6 - Charles and Ypapanti Alexiou for variances of 1) 59.69 ft to permit building seaward of the Coastal Construction Control Line, 2) 25 ft to permit building zero ft from a side (west) property line, and 3) 25 ft to permit building zero ft from a rear (south) property line, at 7 Rockaway St, Miller's Replat, Lots 2 & 3, zoned CR-28 (resort commercial) and OS/R (open space/recreation). V 89-192 James Polatty, Planning & Development Director, explained the application in detail stating the variances are being requested to allow the placement of two (2) storage buildings for a sailing rental business on Clearwater Beach. He said the coastal construction control line and side lot setback requirements were not being addressed at this time. A conditional use permit for the rental of recreational sailcraft was approved with restrictions by the Planning & Zoning Board on October 3, 1989. He noted the structures are unsightly and he indicated it would be more desirable to locate the structures adjacent to the restaurant at the southwest corner. The Department of Natural Resources (DNR) must grant permission for the proposed structures before the City will issue a required building permit. In response to a question, it was indicated the buildings are presently located on the Penguin Palace property. Mark Robinson, representing West Coast Sailing Center, indicated the buildings will be positioned in such a way as to not restrict the view from the Clearwater Beach Hotel. The facilities will be used for locking up valuables and housing an inflatable boat as a safety feature. Harry Cline, attorney representing the Clearwater Beach Hotel, spoke in opposition to the application expressing concern that the proximity of the buildings to the hotel will block the view. He indicated locating the buildings on City property would be more beneficial to the public. Discussion ensued in regard to the location of the buildings and whether or not this issue meets the required standards. In response to questions regarding locating the buildings on City owned property, Assistant City Manager Charles Hunsicker indicated there is a liability concern as well as a concern of setting a precedent in regard to having private businesses on public property. He recommended this issue be presented to the City Commission. Mr. Hunsicker said the City Commission has approved a waiver to allow the use of a corridor through the restrictive swimming area westward of the Penguin Palace Restaurant for the operation of rental watercraft. In response to the Boards request, Mr. Hunsicker said he would check with staff in regard to the City leasing property to Mr. Robinson for his operation. Mr. Homer moved to continue the item until the Board hears from staff. The motion was duly seconded and carried unanimously. The meeting adjourned at 6:00 P.M.