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05/23/1991 DEVELOPMENT CODE ADJUSTMENT BOARD May 23, 1991 Members present: Thomas J. Graham, Chairman Alex Plisko Emma C. Whitney Absent: John W. Homer (excused) Otto Gans (excused) Also present: James M. Polatty, Jr., Planning & Development Director Sandy Glatthorn, Planning Official Miles Lance, Assistant City Attorney Susan Stephenson, Deputy City Clerk The meeting was called to order by the Chairman at 1:07 p.m. in the Commission Chambers of 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 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 A - (continued from 4/25/91) Pinellas County Board of Public Instruction for variances of 1) 90 ft to permit communication tower 150 ft high and 2) 45 ft to permit communication tower 30 ft from property line at 2929 C.R. 193, Sec 5-29-16, M&B 41.05, zoned P/SP (public/semi-public). V 91-20 This request was withdrawn by the applicant. ITEM 1 - Woodlawn Church of God for variances of (1) 15 ft to permit sanctuary 20 ft from right-of-way and (2) 28 parking spaces to permit 107 parking spaces at 845 Woodlawn St, Belmont 2nd Addn, Blk C, Lots 1-10 and 45-52, zoned P/SP (public/semi-public). V 91-23 The Planning Official explained the application. The variances are to allow the construction of a new church building with parking across the street. The City will require the applicant to dedicate an additional five (5) feet of right-of-way on Tilley Avenue, Prospect Avenue, and Woodlawn Street before any permits are issued. The conditional use for the noncommercial parking was approved by the Planning & Zoning Board on May 14, 1991. Randy Morris, Pastor of the Church, stated the additional five (5) feet of right-of-way required by the City, due to the substandard width of the streets adjacent to the subject property, allows a setback of only 15 feet. The proposed building would have met code on Woodlawn if the City had not requested additional right-of-way. The applicant stated they had no problems with the conditions with the exception of the limitation on the square footage of the assembly area. If they are able to obtain additional property for parking they may want to expand the assembly area by constructing a balcony. Discussion ensued regarding the parking layout and whether or not the additional five (5) foot setback requirement would cause a loss of parking spaces. Three letters of support and a list of 18 families who would not use the parking area and who support the request were submitted for the record. One letter in opposition to the request was submitted for the record. 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, more specifically because the variances arise from a condition which is unique to the property and was not caused by the owner or applicant; the particular physical surroundings, shape, or topographical 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 if a strict interpretation of the code were to be applied; and the variances are the minimum necessary to overcome the hardship created by the lot size and division of lots into two parcels; subject to the following conditions: 1) The applicant shall work with Environmental Management to save as many of the existing large trees through redesign of the parking on the site of the new construction. This shall be done prior to submittal of the final site plan for DRC review; 2) An additional five (5) feet of right-of-way shall be dedicated to Tilley Ave., Prospect Ave., and Woodlawn St. as required by Public Works prior to the issuance of any building permits; 3) After the right-of-way dedication, the existing sign on Woodlawn Ave. shall be removed from the right-of-way. Signs and fencing/walls shall be subject to separate review and permitting processes and shall conform to current regulations; 4) A Unity of Title for the entire church property, including the noncommercial parking lot, shall be recorded prior to certification of the site plan; 5) The applicant shall obtain conditional use and any additional variance approval prior to submittal of the final site plan; 6) The requisite tree survey for all trees four inches in diameter or greater measured at breast height shall be submitted to Environmental Management prior to submittal of the final site plan; 7) The final parking lot design shall be subject to the approval of the Traffic Engineer; 8) The development schedule shall comply to that set forth on the Certified Site Plan which must be filed within six (6) months of this date. The motion was duly seconded and carried unanimously. Request granted. ITEM 2 - Delbert V. and Mary Lou Baustert for variances of (1) 88.26 ft to permit a lot width of 61.74 ft; (2) 7.36 ft to permit an east side setback of 4.99 ft; (3) 10.6 ft to permit a rear waterfront setback of 14.4 ft; (4) 7.37 ft to permit 4.98 ft clear space; and (5) 7.37 ft to permit a side setback of 4.98 ft at 134 Brightwater Dr, Bayside Sub No 2, Lot 49, zoned CR-29 (resort commercial). V 91-24 The Planning Official explained the application. The request is to expand one of the units. The existing structure was built prior to the present waterfront code requirements. The request will be a continuation of existing conditions. Tim Mariani, attorney representing the applicant, stated the applicants have owned the property for ten years. They live here approximately six months a year and their daughter resides on the property all year. The present living unit has only 1,000 square feet. The proposed addition will be within the existing footprint. The applicant has no problem with the conditions recommended by staff with the exception of disallowing a wet bar and the outside stairway. Discussion ensued regarding the outside stairway. 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 was not caused by the owner or applicant; the particular physical surroundings, shape, or topographical 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 if a strict interpretation of the code were to be applied; and the variances are the minimum necessary to overcome the hardship created by the lot size; subject to the following conditions: 1) The addition shall be restricted to being part of the existing unit designated as 104, and shall be physically connected by an interior stairway within this existing unit; 2) There shall be no kitchen facilities or cooking unit constructed in the second story addition; 3) All required permits for the addition shall be obtained within six months of this public hearing; 4) There shall be a maximum of two first floor entrance/exit doors, neither of which may go directly to the interior stairway; there shall be no interior door to the interior stairway, and the maximum bedrooms on the second floor shall be two; 5) There shall be allowed only one exterior staircase which shall be constructed at the rear unit which is on the north side of the building. The motion was duly seconded and carried unanimously. Request granted. ITEM 3 - Valentino Koumoulidis for variances of (1) 83 ft to permit a 67 ft wide lot; (2) 3 parking spaces to permit 6 parking spaces; (3) 44 sq ft to permit 264 sq ft of front yard open space; (4) 3.5 ft to permit 1.5 ft of perimeter landscape buffering; and (5) 13.6 ft to permit 0 ft of clear space at 606 Bayway Blvd, Bayside Sub No 5, Blk A, Lot 7, zoned CR-28 (resort commercial). V 91-25 The Planning Official explained the request. The applicant proposes to use the first floor for retail and the second floor for two apartments. Staff recommends that variance #2 be denied and that only one apartment be permitted should the Board grant the request. She pointed out that several parking variances were denied in 1990. Discussion ensued regarding whether or not variance #3 was correctly stated. There were also questions regarding the amount of landscaping shown on the plan. Richard Bekesh, representing the applicant, stated they desire two apartments on the second floor which is a reduction from the three existing. Discussion ensued regarding access to the handicap parking space due to the location of a column and access to the dumpster. In view of some of the questions brought up in the hearing, Mr. Bekesh requested a continuance. Mr. Plisko moved to continue the request to the meeting of June 27, 1991. The motion was duly seconded and carried unanimously. ITEM 4 - Francis and Alice Smith for variances of (1) 38 parking spaces to permit 10 parking spaces; and (2) 10 seats to permit 40 seats at 1215 N Greenwood Ave, Greenwood Park No 2, Blk E, Lots 32-33, zoned CNG (North Greenwood Commercial). V 91-26 John Feazell, the applicant's representative, requested that this item be continued to the meeting of June 13, 1991 as the conditional use request was continued by the Planning & Zoning Board to their meeting of June 4, 1991. Mrs. Whitney moved to continue this item to the meeting of June 13, 1991. The motion was duly seconded and carried unanimously. OLD BUSINESS ITEM - City of Clearwater for variances 1) of 90 in. to permit a 120 in. high wall in setback adjacent to address street and 2) to permit a 6 ft high fence in setback area adjacent to waterfront at 3141 Gulf-to-Bay Blvd., Myron A. Smith's Bayview Sub, Part of Tract "B" and Sec 16-29-16, M&B 31.02, zoned P/SP (public/semi-public). V 90-113 James Polatty, representing the City, stated the above variances were granted on August 23, 1990. The time in which to obtain the building permit has expired so it is necessary that this request be readvertised. It is scheduled to be heard at the meeting of June 13, 1991. He stated the City wishes to issue a conditional permit to allow the contractor to proceed with the work. Cecil Henderson, Assistant Director/Public Works/Engineering, stated the fence is vital to the beautification of the Causeway and to improve the appearance of the wastewater treatment plant. There are numerous claims pending from the contractor involved in the project and there is concern that a delay in the construction of this fence may cause an additional claim to be filed. Substantial completion of the project is expected in July. Discussion ensued as to the Board's authority to take action in this matter. It was the consensus of the Board not to take any action. Board members requested that staff investigate parking on right-of-way near the Health Department on Myrtle Avenue and the Eckerd Drug sign which has been erected at Gulf-to-Bay Plaza. Mr. Polatty stated that they have told Eckerd to remove the sign. There was discussion regarding having only one meeting a month when the caseload is light. The Board requested a report from staff regarding this matter at the meeting of June 13. Meeting adjourned at 2:50 p.m.