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09/27/1990 DEVELOPMENT CODE ADJUSTMENT BOARD September 27, 1990 Members present: John W. Homer, Chairman Thomas J. Graham, Vice-Chairman Kemper Merriam Alex Plisko Emma C. Whitney Also present: Scott Shuford, Planning Manager Miles A. Lance, Assistant City Attorney (arrived at 1:20 p.m.) Mary K. Diana, Assistant City Clerk The meeting was called to order by the Chairman at 1:03 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 9/13/90) Martin Oreskovic (Sunnyside Apartments) for variances of 1) 90 ft to permit construction on a 60 ft wide lot and 2) one parking space to allow conversion of existing carport into office at 405 Coronado Dr., Columbia Sub #4, Lot 2, zoned CR-28 (resort commercial). V 90-121 The Planning Manager stated this item was continued on September 13, 1990, due to a tie vote. Branko Balic, representing the applicant, presented a drawing depicting what is being proposed for the site. He stated the owner wants to enclose the carport and create an office and storage space for the five-unit apartment building to allow for more efficient operation. Presently, four units are being used as apartments and one unit as an office. In response to questions, it was indicated the parking spaces are 9 feet wide, a jacuzzi is under construction on the south side of the property, and the development includes 3 one-bedroom units and a two-bedroom end unit. It was stated the door connecting the office and one of the units will be removed. Two letters in support were submitted for the record. It was indicated the granting of the variance would not alter the existing footprint of the building. Based upon the information furnished by the applicant, Mr. Plisko 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 the variances arise from a condition which is unique to the property and not caused by the current property owner and are the minimum necessary to overcome the hardship created by the existing motel complex, subject to the condition that the enclosed carport shall be used strictly as an office or manager storage area and that the maximum number of units shall remain at five, 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 #1 - F. Wallace Pope, Jr. for a variance of 1.5 ft to permit dock length of 41.0 ft at 212 Leeward Island, Island Estates of Clearwater Unit 1, Lot 61, zoned RS8 (single family residential) and AL/C (aquatic lands/coastal). V 90-124 This item was withdrawn. ITEM #2 - Peppermill Restaurants, Inc. for a variance of 8.5 ft to permit roof fascia 1.5 ft from a rear property line at 1575 S. Ft. Harrison Ave., Sec 21-29-15, M&B 44.21, zoned CG (general commercial). V 90-125 The Planning Manager explained the application in detail, stating the variance is being requested to permit a covered deck at the back of the existing restaurant for additional seating. Previous setback variances were approved providing for 76 seats. This request is being submitted concurrently with a request for a conditional use permit to allow on premise consumption of liquor in addition to beer and wine. The restaurant must increase its seating capacity to 150 to qualify for a liquor license. In response to a question, it was indicated the 31 parking spaces proposed will meet parking requirements. There has been concern expressed by the Planning and Zoning Board that the site lighting only be directed to the site. Donna Lance Klein, representing the applicant, stated the existing wall will be extended along the rear property line, the minimum parking requirements have been met, the site lighting will be indicated on the site plan, the necessary licenses and permits will be obtained and the concrete area to the south of the site will be removed and landscaped. There will also be landscaping provided at the front of the property. David Lowrey, the applicant, stated negotiations are underway to purchase the wooded area behind the restaurant for future parking. In response to a question, it was indicated the restaurant presently serves beer and wine. 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, because it arises from a condition which is unique to the property, the odd shape of the property, and it is the minimum necessary to overcome the hardship created by the property shape, subject to the following conditions: 1) that the applicant shall extend the existing wall along the entire rear property line, 2) that the applicant shall satisfactorily meet the minimum parking requirements, 3) that the applicant shall submit a site plan that reflects additional open space, additional landscaping, non-glaring site lighting and other site amenities which are acceptable to the Planning and Development Director and the Division of Environmental Management and 4) that the requisite alcoholic beverage license and any necessary building permits shall be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #3 - John Hancock Mutual Life Insurance Co. (Munchies) for a variance of one parking space to permit a 250 sq ft outdoor seating area in shopping center at 2508A McMullen Booth Rd., Northwood Plaza, Sec 28-28-16, M&B 33.02, zoned CC (commercial center) and OL (limited office). V 90-126 The Planning Manager explained the application in detail stating the request is to permit the expansion of an existing alcoholic beverage sales establishment. He said the Board considered this item on July 12, 1990, and voided the application since the applicant was not present. Albert Sprankle, representing the applicant, stated an individual involved with leasing the property was not aware of the variance required. He indicated the parking ratio has been affected by the expansion of Winn Dixie. He indicated the restaurant is well maintained and adds value to the center. It was felt that, due to the location of the restaurant in the center, there should be no adverse impact on parking. 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 and it is the minimum necessary to overcome the hardship and there is adequate parking on the total property, subject to the conditions established by the Planning and Zoning Board and that the requisite occupational license shall be obtained within six (6) months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #4 - Bobby J. and Patricia R. Walker for a variance of 10 ft to permit two story garage/room addition 15 ft from a street right-of-way at 129 Lake Dr., Keystone Manor Sub, Blk A, Lots 19 and 20, zoned RS-8 (single family residential). V 90-127 The Planning Manager explained the application in detail stating the variance is to allow a two-story addition in line with the front of the existing structure. Several non-conformities presently exist on the property, including a fence, which appears to be unpermitted. In response to a question, it was indicated staff would follow up on the fence permit. Bobby Walker, presented a drawing of the proposed addition. He stated the addition, which will include a garage and bedroom upstairs, will enhance the appearance of the house. He stated the fence was in need of repair when the house was purchased and was replaced in sections as could be afforded. Mr. Walker said a permit had not been obtained for this fence. He indicated Lake Drive has a right-of-way width of 80 feet. Patricia Walker indicated they were not aware a permit was required for the construction of the tree house. The Planning Manager stated that, in investigating a neighbor's complaint regarding the conversion of the garage, it was discovered a permit had not been obtained for the remodeling work. Mr. Walker indicated there are two rental units in the existing garage apartment which is located on a double lot. Discussion ensued regarding the possibility of moving back the garage 10 feet and Mr. Walker indicated the proposed plan was the most feasible way to add the addition. Concern was expressed in regard to increasing an existing non-conformity to such a degree. One letter in support was submitted for the record. Discussion ensued in regard to the heavy use of this property and concern was expressed as to whether or not the duplex was permitted. Based upon the information furnished by the applicant, Mr. Graham moved to deny the variance as requested since the applicant has not demonstrated that he/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, the hardship was caused by the applicant, it is not a minimum variance, it will be materially detrimental or injurious to other properties in the neighborhood 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 #5 - Checkers Gulf to Bay Partnership for a variance of 2 ft to permit a 6 ft high wall within setback adjacent to street to which property is not addressed (dumpster enclosure) at 1972 Gulf-to-Bay Blvd., Sec 13-29-15, M&B 24.06, zoned CG (general commercial). V 90-128 The Planning Manager explained the application in detail stating the variance is being requested to enclose an existing dumpster that is within a street setback area. This location is being recommended in order to meet code and still allow access for a sanitation truck. Jeff Davis, the Manager of Engineering and Construction for Checkers, stated he wishes to replace the existing stockade fence around the dumpster with a decorative wall. The wall will be stucco finished to match the side of the building. The enclosure will include galvanized metal decking and gates. He indicated Checkers has drastically improved their dumpster design. In response to a question, he indicated Checkers would be retrofitting their existing sites as needed. He said the Gulf-to-Bay store is a priority location viewed by future franchisees. He indicated landscaping in this area would be improved. It was recommended a complete site plan be submitted with future Checkers' requests. Discussion ensued in regard to the decorative wall being an improvement over what presently exists. 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, the particular property involved and the strict application of this Development Code would result in unnecessary hardship on the applicant and it is the minimum necessary to overcome the hardship of the current location of the existing dumpster and grease container on the site and the requirement by the Clearwater Sanitation Department for accessibility, subject to the conditions that 1)landscaping shall be installed and maintained in the 3-foot setback area on the outside of the wall adjacent to S. Aurora in accordance with the Land Development Code, 2) the outside of the wall towards the street and adjacent property must be finished (i.e. painted, etc.) in a manner which is aesthetically pleasing to the eye and equivalent or better than the inside finish, and 3) the requisite fence/wall permit shall be obtained within 6 months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM B - (continued from 9/13/90) Ordinance No. 5037-90 - An ordinance of the City of Clearwater, Florida, relating to the Land Development Code; amending or creating various Sections within Chapter 135, Code of Ordinances, to add "neighborhood utility facilities" as conditional uses in each of the single-family and multiple-family residential districts and the mobile home park district; adding "neighborhood utility facilities" and "community utility facilities" as conditional uses in the limited office, general office, neighborhood commercial, North Greenwood commercial, beach commercial, resort commercial "twenty-four," resort commercial "twenty-eight," and urban center districts, including the bayfront, core, and eastern corridor subdistricts; adding "neighborhood utility facilities" and "community utility facilities" as permitted uses in the general commercial, highway commercial, limited industrial, and public/semi-public districts; and deleting "remote switching stations" as permitted uses in the neighborhood commercial, resort commercial "twenty-four," resort commercial "twenty-eight," general commercial, and highway commercial districts; amending Section 136.022, Code of Ordinances, to establish parking standards for neighborhood and community utility facilities; amending Section 136.025, Code of Ordinances, to establish conditional use standards for neighborhood and community utility facilities; amending Section 137.005, Code of Ordinances, to define "neighborhood utility facility" and "community utility facility;" providing an effective date. The Planning Manager stated this item had been continued on September 13, 1990, to allow revisions associated with Florida Power Corporation's concerns. He said the following changes were recommended by the City Attorney: on page 9, 18(a) change the language "specific adjacent neighborhood" to "one or more specific neighborhoods;" on page 10, 2nd line in paragraph 1, change the language "the immediately surrounding neighborhood" to "one or more specific neighborhoods;" and in the same paragraph change "transformer step-down stations" to "electrical transmission substations." Discussion ensued in regard to the adverse impact the size and location of some of the substations could have on a community. Concerns were expressed regarding previous problems created by the location of utility facilities in or near residential areas. The Planning Manager indicated these concerns can be addressed under the conditional use standards. Concern was expressed that other areas, such as variances, need to be addressed in granting conditional use approval for these substations other than just the standards for approval, because of the effect on the aesthetics of the surrounding neighborhood. It was felt more restrictive language requiring these substations to have architectural approval should be added. Mr. Graham moved to recommend approval to the City Commission of Ordinance #5037-90 subject to the following: revise Sec. 136.025(c)(18.1)b. to read: "The size, scale, mass and appearance of any buildings, structures, or facilities shall be compatible with surrounding land uses and that each of these items shall be individually reviewed and specifically considered by the Planning and Zoning Board in terms of its effect on the aesthetics of the surrounding neighborhood." The motion was duly seconded and carried unanimously. ITEM C - (continued from 9/13/90) - Ordinance No. 5041-90 - An ordinance of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 135.164, Code of Ordinances, to delete the provision for transfers of development rights from the open space/recreation district to upland property; amending Section 136.011, Code of Ordinances, to amend provisions relating to transfers of development rights; deleting the provision for a transfer of development rights across the coastal construction control line, and deleting the authorization for such transfers; amending Section 137.005, Code of Ordinances, to amend the definition of net acre to exclude areas seaward of the coastal construction control line; providing an effective date. The Planning Manager suggested continuing this item until the meeting of October 11, 1990, for staff to obtain additional information. Mr. Merriam moved to continue this item until the meeting of October 11, 1990. The motion was duly seconded and carried unanimously. II. Minutes Mr. Merriam moved to approve the minutes of August 23, 1990, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. III. Board Comments Mr. Homer emphasized the importance of Board members to be present at all meetings. Mr. Plisko indicated that he will be declaring a conflict of interest at the October 11, 1990, meeting as his firm will be representing one of the applicants, Pinellas County. Discussion ensued regarding the meeting schedule for the months of November and December. Consensus was to schedule a meeting for November 29, 1990, and to cancel the December 27, 1990, meeting. The Board requested the Planning Manager investigate whether or not the Walkers' duplex is in violation. The Planning Manager said an appeal has been filed regarding the high and dry marina facility on Windward Passage. A conforming site plan has been submitted which is being reviewed by the Development Review Committee. Discussion ensued regarding statements made by applicants under oath and it was felt these statements are part of the record and application. It was felt, even though the statements are not part of the motion, they should be enforceable. The Board requested staff investigate possible code violations at Gionis Plaza and Frenchy' Cafe. III. Adjournment The meeting adjourned at 2:34 p.m.