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12/13/1990 DEVELOPMENT CODE ADJUSTMENT BOARD December 13, 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 James Polatty, Planning and Development Director Miles A. Lance, Assistant City Attorney Mary K. Diana, Assistant City Clerk The meeting was called to order by the Chairman at 1:02 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 10/25/90 and 11/29/90) - Scot M. Trefz for variances of 1) 7 ft. to build an addition 3 ft. from a side property line and 2) 5 ft to permit building addition to be constructed 15 ft from an existing building at 125 S. Belcher Rd., Sec. 18-29-16, M&B 23.04, zoned CG (general commercial). V 90-146 The Planning Manager stated the application was continued to permit modification of the request. Staff has received a revised site plan and revised variance request. Scot Trefz, applicant, stated a new site plan was formulated which meets the parking requirements. He said their goal is to continue along the same lines as the existing building. He said the area behind the facility will be developed for employee parking, the interior landscaping requirements have been met and the dog runs will be within an enclosed structure. A letter containing three signatures in support of the application was submitted for the record. Discussion ensued regarding limiting this addition to a one-story addition. 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, more specifically, because the variances arise from a condition unique to this property and was not caused by the applicant, the particular physical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant and the variances are the minimum necessary to overcome that hardship, which is the current location of the existing building on the property and the shape of the property, subject to the conditions that (1) it is the understanding of the Board and presented by the applicant that the proposed addition is a one-story addition only, (2) the applicant shall comply with all the ordinances and regulations of the City of Clearwater concerning tree removal and landscaping including the provision of a buffer along the east property boundary, (3) the applicant shall comply with the City's ordinances and regulations concerning disposal of animal excrement, (4) the applicant shall obtain the required conditional use permit, (5) all animal boarding shall occur within an enclosed structure and (6) a requisite building permit shall be obtained within six months from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. ITEM B - (continued from 10/25/90 and 11/08/90) - James F. and Cecelia L. Wilson for variances of 1) 6,576 sq. ft. (townhouse) development lot area to permit 8,424 sq. ft. lot area, 2) 6 ft. to permit townhouse 6 ft from development lot side property line and 3) 3 ft to permit swimming pool 7 ft from a side property line at 244 Dolphin Point, Island Estates of Clearwater Unit 5-A, Part of Lot 21, zoned RM-20 (multiple-family residential). V 90-147 The Planning Manager explained the application in detail stating the Board earlier approved two of four variances that were part of an incorrect request. He suggested the Board rescind their earlier motion, which meets the approval of the applicant, and rehear the application in its entirety. Gilbert MacPherson, attorney representing the applicants, stated the townhouse is already existing and the applicant wishes it to be designated as a townhouse and governed by code as such. Mr. Plisko moved to rescind the motion made at the meeting of November 8, 1990. The motion was duly seconded and carried unanimously. In response to a question, it was indicated no conditions for approval are being recommended as no building permits need to be obtained. 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, more specifically, because the variances arise from a condition unique to this property which was created by an action of a predecessor in title and not by any action or omission of the applicant as current owner. At the time of purchase, the applicant had no knowledge of any potential deed deficiency and the strict application of the code would result in an unnecessary hardship upon the applicant's ability to retain purchase value and an unencumbered deed, the variance request is the minimum necessary to overcome the unnecessary hardship, the request is not based on the desire of the applicant to increase, but to maintain, the current financial value and marketability of the property and the variances, as a pre-existing and legal issue, will not physically nor adversely affect the public health, safety, order, convenience or general welfare of the neighborhood or community and is found to be consistent with the general spirit and intent of the development code. The motion was duly seconded and carried unanimously. Request granted. ITEM C - (continued from 11/08/90) - Marwan M. and Karla V. Hatoum for a variance of 12 inches to permit a 42 inch high fence at 303 Cedar Street, Sec 9-29-15, M&B 13.02, zoned RM-8 (multiple-family residential). V 90-149 This item has been withdrawn by the applicant. Mr. Graham moved to accept withdrawal of this item. The motion was duly seconded and carried unanimously. ITEM #1 - Lakeside Corp. (Lakeside Mobile Home Park) for a variance of 1.5 ft to permit carport to be erected 8.5 ft from the side property line at 2165 Gulf to Bay Blvd., Sec 13-29-15, M&B 41.01, zoned RMH (mobile home park). V 90-157 The Planning Manager explained the application in detail, stating the existing carport is only 5.6 feet high and the applicant has requested the variance in order to rebuild the carport to a more functional height. Fred Steele, representing the applicant, stated that the steps belonging to the neighboring trailer were put in after the slab was poured. In response to questions, it was indicated the carport would extend the full length of the mobile home with a shed out back for which there is clearance. Two letters in opposition of the application were submitted for the record. Mr. Steele stated other mobile homes in the park had carports. In response to a question, it was indicated the carport would be open on two sides. Discussion ensued in regard to the mobile home park having been in existence longer than the adjoining subdivision. 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 subject to the conditions that (1) the carport shall not be enclosed along the side or the front and (2) the requisite building permit shall be obtained within six months from the date of this hearing. The motion was duly seconded and carried unanimously. Request granted. ITEM #2 - Ellis & Co., Ltd. for variances of 1) one business identification sign to permit two such signs and 2) 48 sq ft business identification signage to permit a total of 96 sq ft of such signage at 501 S. Belcher Rd., Sec 18-29-16, M&B 32.05, zoned CG (general commercial). V 90-167 The Planning Manager explained the application in detail, stating the applicant is requesting signage for a corner business to be named "Health Place" located on the northernmost side of Gulf-to-Bay Plaza Shopping Center. Harry Cline, attorney representing the applicant, stated that the actual user of the premises being leased will be Morton F. Plant Hospital and will be represented on the sign. The property is located in the corner of a shopping center which is in the southeast corner of an intersection comprised of Belcher Road and Gulf-to-Bay Boulevard. Both are arterial roads with very heavy traffic and the applicant seeks identity signs on both sides of that building to alert the public to their presence, as they come from both Gulf-to-Bay Boulevard and Belcher Road. Mr. Cline stated that the proposed use is quite unique, a public community resource run by Morton Plant Hospital. It is to be a wellness center with an emphasis on the elderly. It is a not-for-profit and will provide services in the nature of a library with books and videos available to the public on a variety of diseases, as well as cooking classes. It will be staffed by one nurse and a gerontologist. If there is a cost, the public will be charged only the cost of the item. Currently, the applicant has no identification on Gulf-to-Bay Boulevard. He presented photographs depicting the location of the sign. Concern was expresed that the sign on the Gulf-to-Bay side of the building could only be seen by those traveling west and could present a traffic hazard. In response to questions, it was indicated the applicant wishes the signs to continue past the 1992 amortization period, the space being leased is approximately 2,000 square feet and Eckerd's has an identifiable logo and Morton Plant Healthplace does not have that advantage. Discussion ensued in regard to the Eckerd sign on the corner of the building and it was indicated this sign may be in violation. Concern was expressed regarding the future possibility of converting this facility into a a walk-in clinic. Discussion ensued in regard to the situation warranting two signs. 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, more specifically, because the variances arise from a condition that is unique to this use, that is a non-profit use, they will not be materially detrimental or injurious to other parties in the neighborhood, they are not based on the desire of the applicant to secure greater financial return from the property and they would not adversely affect the public health, safety, order, convenience or general welfare of the community, subject to the conditions that (1) the variances shall follow with the limited use of Morton Plant Hospital as a community resource center and (2) the requisite sign permit shall be obtained within six months from this date. The motion was duly seconded and upon the vote being taken, Messrs. Merriam, Graham, and Homer voted "aye;" Mrs. Whitney and Mr. Plisko voted "nay." Motion carried. Request granted. The members voting in opposition were not opposed to the granting of this request just to the use being limited. II. Board Comments The Planning Manager presented information to the Board on the Stormwater Utility Fee Ordinance. The Planning Manager stated a representative from the Public Works Department could be in attendance at the next meeting to answer questions regarding this ordinance. Second reading of the ordinance is scheduled for December 20, 1990. Mr. Merriam expressed concern regarding conversations taking place while the cases are being presented. He complimented staff on the new format for the action agenda. Mr. Plisko requested staff investigate the Perma House Furniture Store on the northwest corner of Chestnut Street and Myrtle Avenue to see if they have obtained an occupational license. Staff is to investigate. Mr. Merriam expressed concern that Cleveland Plaza has become a used car lot. The Planning Manager indicated the front row of parking in the plaza is in the right-of-way, which is City owned, and the City is considering landscaping this area. Mr. Homer requested staff investigate the building to the south of Post Corner Pizza on Clearwater Beach. Variances were granted for column supports and a stairway and it now appears a balcony is being enclosed. He also requested staff to investigate the building north of the new deli stand on Mandalay Avenue that appears to have been enlarged. Discussion ensued regarding the Mobil Oil appeal. Concern was expressed that the Board's decision may have been overturned by the hearing officer due to staff's recommendations. Discussion ensued in regard to eliminating or revising the hearing officer appeal process. It was felt this is an important process in that it affords every citizen the opportunity to appeal. Concern was expressed in regard to the variance application fee being increased to $450 as it was felt this amount was considerable for some requests. There was discussion in regard to staff's policy in the past regarding their recommendations. It was indicated their comments were verbal and not specific recommendations. Discussion continued in regard to staff's comments sheets and concern was expressed that staff is still providing specific recommendations. It was felt when favorable comments are received from staff, the applicant may automatically think his variance will be granted. The Assistant City Attorney suggested adding language to these comment sheets indicating that in no way does staff's comments indicate the variance will be granted by the Board. It was also suggested that the comments sheets be mailed to the applicant or the applicant be advised they are available. Concern was expressed that the Board was not adequately backing up their reasons for denial of variances. Mr. Homer questioned whether the conditions for approval in the Ulfers case, the bus on Clearwater Beach, had been copied to code enforcement and whether the Health Department had inspected the site. Staff is to handle. III. Minutes of November 8, 1990 Mr. Graham moved to approve the minutes of November 8, 1990 in accordance with copies sent to each Board member in writing. The motion was duly seconded and carried unanimously. IV. Adjournment The meeting adjourned at 3:20 p.m.