Loading...
08/09/1990 DEVELOPMENT CODE ADJUSTMENT BOARD August 9, 1990 Members present: John W. Homer, Chairman Thomas J. Graham, Vice-Chairman Kemper Merriam Alex Plisko Absent: Emma C. Whitney (excused) Also present: Scott Shuford, Planning Manager Miles A. Lance, Assistant City Attorney Susan Stephenson, Deputy City Clerk The meeting was called to order by the Chairman at 1:05 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 A - (continued from 7/12/90) Roberta M. Golding and Loren M. Pollack (Checkers) for variances of 1) 3.77 acres to permit construction on a 0.23 acre (10,000 square feet) lot, 2) 200 ft. to permit construction on a 100 ft. wide lot, 3) 200 ft. to permit construction on a 100 ft. deep lot, 4) 54 ft. to permit building 21 ft. from a street right-of-way, 5) 31 ft. to permit building 23 ft. from the north (side) property line and 19 ft. from the south (side) property line, 6) 20 ft. to permit building 30 ft. from the rear property line, 7) to allow a canopy sign to extend above top of canopy, and 8) 13 parking spaces to permit 4 parking spaces in lieu of the 17 spaces required at 1877 N. Highland Ave., Sunset Square Sub, Lot 3, zoned CC (commercial center). V 90-99 The Planning Official explained the application in detail stating the site is being redeveloped with a Checkers fast food restaurant. The site is zoned CC which makes it unbuildable without variances. More landscaping than required by Code will be provided. Loren Pollack stated Short Stop fast food restaurant is still operating. Checkers will take over and improve the property. The outdoor seating will be located further back from Highland Avenue and placed some distance from the dumpster. Obtaining a cross-parking easement will not be a problem since this is already a provision in Short Stop's lease. In response to questions, Pat Reheiser, of DeYoung & Associates, indicated that both drive-through lanes are directed north. Discussion ensued concerning the location of the seating, provision of more stacking space and reversing traffic in one drive-through to allow overflow to stack up in the parking lot rather than on Highland Avenue. There was also concern expressed regarding the expansion of a non-conforming building. It was indicated the seating could be relocated and more stacking room for cars could be provided if the site was redesigned. The applicant requested a continuance. Mr. Graham moved to continue this item to the meeting of September 13, 1990. The motion was duly seconded and carried unanimously. ITEM B - (continued from 7/12/90) Neuhaus Massivhaus Baugesellschaft m.b.h. for variances of 1) 7 ft. 7 in. to setback requirement permitting increase in height of existing building located 22 ft. 8 in. from a street right-of-way and 2) 14 ft. 3 in. to setback requirements permitting increase in height of existing building located 1 ft. from a side (west) property line at 271 Windward Passage, Island Estates Unit #5, Blk C, Lots 6-8, zoned CG (general commercial) and AL/C (aquatic lands/coastal). V 90-101 The Planning Official explained the application in detail stating the case was continued to allow the City Commission to review the site plan. Two levels of boat storage are proposed to be added to the building, increasing boat storage from 42 to 126 boats. The Planning and Zoning Board approved the conditional use with conditions. Mike Gaylor, engineer representing the applicant, stated historically the site has been used for high and dry boat storage. The structure will be higher than the existing structure but within the existing building lines. The building will be renovated and a rack system for boat storage will be added. He indicated they have no problem with the conditions that have been imposed. A parking easement agreement with the Clearwater Marine Science Center is forthcoming. An existing canopy and small building will be torn down. Most boat repairs will be done indoors. The underground fuel tanks have already been removed from the site. Mr. Graham, Vice President of the Clearwater Marine Science Center, stated they are working with the applicant regarding the easement which will have to be approved by the City. He inquired of the Assistant City Attorney as to whether his position with the Marine Science Center created a conflict of interest and the Assistant City Attorney responded that it did not. One citizen spoke in opposition to the application indicating that Windward Passage is already congested, there is inadequate parking in the area and the subject property has already adversely impacted property values. He indicated that he felt the neighbors did not have adequate notification and clarification of the variances. Mr. Gaylor indicated the condition of the property will be improved and the perpetual easement agreement regarding parking will be coming. Discussion ensued regarding the number of parking spaces required. It was indicated there is no conforming improved parking for the existing 42 boat slips. The addition of 84 slips will require 42 parking spaces. Mr. Gaylor indicated they will provide extensive landscaping and remove some of the existing asphalt. He indicated the site has been used as a high and dry marina on a continuous basis and they have a current occupational license. There was some discussion concerning the status of the grandfathered parking, the demolition of the existing building and the effect a 42 foot high building will have on the neighborhood. Mr. Plisko 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, they are based primarily upon the desire of the applicant to secure a greater financial return from the property and they will be materially detrimental or injurious to other property or the neighborhood. The motion was duly seconded and carried unanimously. Request denied. ITEM #1 - John W. Woerner and E. Mayo Clark for a variance of 480 ft to permit establishment of a group care facility 720 ft from another such facility at 1266 Turner St., Hibiscus Gardens, Blk "S", Part of Lots 13 and 24 and all of Lots 9-12 and 25-26, zoned OL (limited office). V 90-108 The Planning Official explained the application in detail stating the applicant proposes to convert an office building to a group care home. The Planning and Zoning Board approved the conditional use with conditions. The neighborhood contains mixed uses, including residential, office and retail. John Piazza, representing the applicant, stated the facility will be for short term resident treatment of alcohol and substance abuse. There will be no resident employees. Based upon the information furnished by the applicant, Mr. Graham 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, 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 and it is the minimum necessary to overcome the unnecessary hardship created by the location of this property within a mixed use commercial and residential area and a nearby facility within that development area, 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 2:30 p.m. to 2:45 p.m. ITEM #2 - Frederick G. and Judith C. Kopp for variances of 1) 18.79 ft to permit swimming pool 6.21 ft from a street right-of-way, 2) 2 ft to permit a 6 ft high fence in a setback adjoining a street right-of-way to which property is not addressed and 3) 2.5 ft to permit fence 0.5 ft from a street right-of-way at 1641 Algonquin Dr., Sunset Lake Estates, Unit #3, Blk "D", Lot 16, zoned RS-6 (single family residential). V 90-109 The Planning Official explained the application in detail stating the request is to construct a swimming pool and 6 foot high wooden fence on a corner lot. The surrounding properties generally conform to the setback requirements. Frederick Kopp stated, because there is no room in the backyard, the pool must be located on the side of the property. The proposed pool will be small and he prefers a 6 foot high fence for privacy and safety. He purchased the home in November and, because there is another house in the neighborhood with a pool and fence in the side yard, he felt his request should not present a problem. In response to questions, he indicated he would be willing to move the fence back and landscape on the outside. Twelve letters in opposition were submitted for the record and seven citizens spoke in opposition to the application. Mr. Kopp indicated he did not realize the extent of his neighbors' opposition to his proposal and withdrew his variance request. ITEM #3 - Giovanni L. Recchia for variances of 1) 11 ft to permit deck 4 ft from a rear property line, 2) 7 ft to permit deck zero ft from a side property line, and 3) 5.5 ft to permit above ground spa 1.5 ft from a side property line at 1654 Windsor Dr., Windsor Woods II, Lot 24, zoned RS-6 (single family residential). V 90-110 The Planning Official explained the application in detail stating the variances are for a three level deck with spa. An existing utility easement will be vacated. A question was raised regarding an existing retaining wall and it was stated it is on the neighbor's property. The Board requested staff investigate and determine whether a variance was obtained for the wall. Giovanni Recchia stated the retaining wall is unpleasant and decreases the value of his property. He wishes to build the deck to make his property more attractive and he will landscape the area. One letter in support was submitted for the record. 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 was not caused by the applicant, they are not based primarily on the desire of the applicant to secure greater financial return from the property and they will not be materially detrimental or injurious to the properties in that neighborhood, subject to the conditions that the proposed vacation of the 5 foot drainage and utility easement along the south property line be approved 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 #4 - Foundation for Mental Health in Pinellas, Inc. (Century 21) for variances of 1) one property identification sign to permit two such signs, 2) 53.5 sq ft to permit a total of 77.5 sq ft property identification signage and 3) 14 ft to permit a 20 ft high pole sign at 1437 S. Belcher Rd, Sec 19-29-16, Pinellas Groves, Part of Lot 8, zoned OL (limited office). V 90-111 The Planning Official explained the application in detail stating the variances are for a pole sign to be placed adjacent to an existing monument sign. The location and height of trees in the vicinity of the sign create visual interference. Because the area has mixed uses and nearby businesses are in the county, other signs in the area are larger. Ann Goble, co-owner of Century 21, stated due to factors out of their control, they had to relocate their offices and wish to use their existing sign which must meet Century 21 standards. Todd Pressman, representing the applicant, stated they will be removing one small sign from the monument sign and adding the pole sign. The trees obstructing the signage are on City right-of-way and are trimmed back only one third. He indicated the building is large and other surrounding areas have greater signage due to less stringent requirements. In response to questions, Ms. Goble indicated they have had their Century 21 sign for 10 years. 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 Section 134.003 and 134.004. The motion was duly seconded and carried unanimously. Request denied. II. Minutes Mr. Merriam moved to approve the minutes of July 26, 1990, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. III. Board Comments Item B was reviewed at the request of James Polatty, Planning and Development Director. It was pointed out that there was a feeling the request is an overuse of the site and the applicant is trying to benefit from the grandfathered parking. Mr. Polatty stated the item may be discussed at a work session and requested Mr. Homer to be present if it is brought before the Commission. Discussion ensued regarding the hearing officer procedure. There was some discussion concerning the "grandfathering" clause and abandonment and a suggestion that maybe there should be an amendment to the Code. The Planning Official reported to the board that the occupational license for the Pelican Restaurant commercial parking was issued in error and it will not be renewed. The deck on Heilwood Street conforms to code and Cypress Point Shopping Center was investigated and is in violation. Mr. Polatty distributed amended proposed changes to the Land Development Code and stated that John Richter will be the head of code enforcement. IV. Adjournment The meeting adjourned at 4:02 p.m.