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03/22/1990 DEVELOPMENT CODE ADJUSTMENT BOARD March 22, 1990 Members present: John W. Homer, Chairman Thomas J. Graham, Vice-Chairman Kemper Merriam Alex Plisko Emma C. Whitney Also present: Scott Shuford, 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 Chambers 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. I. Public Hearings ITEM - (continued from 2/22/90) UPARC Foundation for variances of 1) 5 ft to permit building 8 ft from a side (north) property line, 2) 3 ft to permit building 10 ft from a (south) side property line, 3) 29 parking spaces to allow 4 spaces in lieu of the 33 parking spaces required by Code, and 4) 150 sq ft habitable floor area to permit 400 sq ft floor area in lieu of the 550 sq ft average required, at 1225 N Highland Ave, Sec 11-29-15, M&B 21.11, zoned RM-28 (multiple family residential). V 90-22 Mr. Plisko stated he had a conflict of interest with regard to this case. The Planning Official explained the application in detail stating the site will be developed with 22 residential units in two buildings for UPARC to house mentally retarded adults. The site plan was approved on September 15, 1988; however, expired while waiting HUD approval, which has now been obtained. Variances were approved with conditions by the Board on September 22, 1988; however, the setback variance from the north property line has been increased and a setback variance to the south property line is necessary due to the required easements for the environmental preserve and preservation of a large tree. On September 22, 1988, a variance of 150 square feet average habitable floor area and a variance of 19 parking spaces were granted. While 14 parking spaces may actually be provided, 4 is the number actually needed. Staff recommends approval of the variances with conditions. Mr. Plisko indicated one year would be needed to obtain a building permit. The Planning Official indicated staff had no problem with that time frame. Richard Churchill, representing the applicant, stated the variances had been previously granted by the Board, but the time had lapsed before a building permit could be obtained. Steve Hankin of UPARC, indicated the residents could use public transportation or an available UPARC van. It was noted the site has the potential for more parking if needed. Based upon the information furnished by the applicant, Mr. Merriam 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 because they arise from conditions unique to the property, a strict application of the code would result in an unnecessary hardship upon the applicant, the variances requested are the minimum necessary, the request is not based upon a desire for a greater financial return from the property, the granting of the variances will not be detrimental to nearby properties or the community in general and will not violate the spirit and intent of the Development Code; subject to the conditions that the maximum number of parking spaces but no less than 4 spaces shall be provided, the variance approval shall apply only to UPARC use and a building permit shall be obtained within twelve (12) 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. Plisko abstained from voting. Motion carried. Request granted. ITEM #1 - William G. and Joan M. Christensen for variances of 1) 7 ft to permit swimming pool 18 ft from a street right-of-way, and 2) 10 ft to permit pool enclosure 15 ft from a street right-of-way, at 2427 Old Coach Trail, Coachman Ridge, Tract A-1, Lot 99, zoned RS-6 (single family residential). V 90-33 The Planning Official explained the application in detail stating the property was developed while in the County. Staff recommends approval of the variances. Joan and William Christensen stated the builder had assured them the lot was adequately sized for a pool; however, they were later informed by the pool company that variances were needed. One letter with three signatures in support was submitted for the record. Discussion ensued as to whether or not a hardship exists. In response to a question, it was indicated 47% open space is provided. 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 location of the house and the shape of the property involved would 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 location of the house and the current platted development size and location adjacent to S.R. 590-A; 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 - Nostimo, Inc. (Pick Kwik Food Stores, Inc.) for variances to permit 1) a ground sign in lieu of a wall or canopy sign, and 2) an additional business identification sign to be placed on a nonprimary street frontage, at 32 Bay Esplanade, Revised Plat of Clearwater Beach, Blk 8, Lots 8-11, zoned CB (beach commercial). V 90-34 Mr. Homer stated he had a conflict of interest with regard to this case. Mr. Graham, the Vice-Chairman, chaired the meeting for this item. The Planning Official explained the application in detail stating ground signs are not allowed in this zoning district, and secondary signage is permitted when the property has more than one frontage, but must be oriented to the secondary street. The applicant wishes to orient the secondary sign to the primary street. Staff recommends denial of the variances. Phil Fern, representing the applicant, stated the ground sign will alleviate traffic problems by identifying the business. He noted the nearby 7-11 store has a high pole sign. He indicated the ground sign would be in lieu of the sign on the north side of the building. He noted the proposed sign, due to its shape, will be less than 40 square feet. Discussion ensued regarding elimination of the sign on the north side of the building and the location of the ground sign. Based upon the information furnished by the applicant, Mr. Merriam 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 there is no condition which is unique to the property, 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 Sections 134.003 and 134.004. The motion was duly seconded and carried unanimously. Upon the vote being taken, Mrs. Whitney, Messrs. Graham, Plisko and Merriam voted "Aye." Mr. Homer abstained from voting. Motion carried. Request denied. ITEM #3 - ASH Clearwater Property, Ltd. for a variance to permit a ground sign to be used in lieu of a wall or canopy sign, at 416 Drew St., C.S. Hayden Estate Sub, part of Lot 4, zoned UC(C) (urban center-core). V 90-35 The Planning Official explained the application in detail stating the house is to be used for law offices. Staff recommends approval of the variance. Joe Alexander, part owner, stated the proposed sign would be located at the east corner of the property by the parking lot. The sign will be 12 square feet and blend aesthetically with the house. A wall sign would not be visible to eastbound traffic and a canopy sign would not be compatible with the historic character of the structure. In response to a question, he stated the sign would be three feet off the ground and six feet high overall. One citizen spoke in support of the application. Based upon the information furnished by the applicant, Mr. Merriam 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 conditions which are unique to the property, a strict application of the Land Development Code would result in an unnecessary hardship on the applicant, it is a minimum variance, the request is not based solely on the desire of the applicant to secure a greater financial return from the property, the granting of the variance will not be detrimental to nearby properties or the community in general, and would not violate the spirit and intent of the Land Development Code; in addition, it preserves the integrity of an old building in the downtown area; subject to the conditions that the bottom of the sign be no more than 3 feet above grade, that the sign be no larger than 12 square feet 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 #4 - Sidney M. and Pamela J. Boughton for a variance to permit a recreational vehicle in a residential setback area from a street right-of-way, at 3157 Bordeaux Lane, Bordeaux Estates, Lot 41, zoned RS-8 (single family residential). V 90-36 The application was withdrawn by the applicant. ITEM #5 - Lazzara Family Partnership (Checkers) for variances 1) of 8 ft to permit canopy 2 ft from a side property line, 2) of 5 parking spaces to permit 10 parking spaces in lieu of the 15 spaces required, and 3) to allow canopy sign to extend above canopy, at 1585 S Missouri Ave, Sall's Sub, Blk G, Lots 8 & 9 less rights-of-way, property currently in county zoned C-1 (general commercial), proposed City zoning CG (general commerciall). ). V 90-37 The application was withdrawn by the applicant. II. Board Comments Discussion ensued concerning the comment sheets provided to the Board by the Planning and Development Department giving specific recommendations for approval or denial. Concerns were expressed regarding staff's comments possibly being misleading for the applicant and the possibility of the Board being placed in an awkward position in case of an appeal especially when staff's recommendation is not supported. Mr. Homer recommended the minutes continue to reflect the arrival and departure times of staff and board members during the meetings. Discussion ensued in regard to what constitutes a conflict of interest and the form used. Consensus was for Miles Lance, Assistant City Attorney, to look into modifying the form. Mr. Homer requested a synopsis of a 1987 report on "hardship" prepared by Mr. Lance in regard to the granting of a variance. III. Adjournment The meeting adjourned at 2:25 p.m.