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01/10/1991 DEVELOPMENT CODE ADJUSTMENT BOARD January 10, 1991 Members present: John W. Homer, Chairman Kemper Merriam Alex Plisko Emma C. Whitney Members absent: Thomas J. Graham (excused) Also present: Scott Shuford, Planning Manager Sandy Glatthorn, Planning Official Miles A. Lance, Assistant City Attorney Susan Stephenson, Deputy 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 A - (Continued from 09/27/90 and 10/11/90) - Stanislaw and Kazimiera Budzinski (Britt's Restaurant) V 90-123 The applicant requested this item be continued for a period not to exceed ninety days. The Planning Manager explained that the conditional use request was denied and the applicant cannot proceed with the variance request until the conditional use has been approved. The Hearing Officer appeal of the conditional use denial was heard on January 9, 1991. They are requesting continuation of the variance request until they receive the Hearing Officer's decision. George Greer, attorney for the applicant, requested a sixty day continuance. Mr. Merriam moved to continue the request for sixty days. The motion was duly seconded and carried unanimously. Request granted. Item B - (continued from 11/08/90) - City of Clearwater for variances of 1) 3 ft to permit a 23 ft high pole sign and 2) 127 sq ft to permit a surface area of 151 sq ft at Jack Russell Stadium, 801 Phillies Dr, New Country Club Addn, Blk A, Lot 12 and Part of Blk D, zoned OS/R (open space/recreation). V 90-155 This item was withdrawn by the applicant. 1. City of Clearwater for variances of 1) 4 ft 1.5 inches to permit height of 29 ft 1.5 inches as measured to midpoint of a sloped roof and 2) 1 ft 4 inches to permit ridge height 5 ft 4 inches above midpoint of sloped roof at 951 Gulf Blvd., Sec 17-29-15, M&B 34.01, zoned OS/R (open space/recreation). V 91-01 The Planning Official explained the request. The variances are needed to construct the Clearwater Sailing Center. The structure will be used to store boats and provide meeting rooms. The Sailing Center will benefit the community and will not have an adverse impact on the area. Patty Stout, representing the applicant, stated the code allows a height bonus when a greater side setback is provided. The ramps for boat launching are currently in place. Ream Wilson, Director of Parks and Recreation, stated this will be a City-operated facility. No sailboats longer than 20 feet will be permitted and all watercraft are non-motorized. The site has been in use as a sailing center for one and a half years and they wish to add a 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, more specifically, because the variances arise from a condition which is unique to the property and was not caused by the applicant and they are the minimum necessary to overcome the hardship created by the flood zone and its requirements subject to the conditions that (1) the site plan shall be modified as now proposed on this application with a minimum 30-foot side yard on the south side of the proposed building and (2) the building permit shall be obtained within six months of this date. The motion was duly seconded and carried unanimously. Request granted. 2. Charles E. Knell, as Trustee for variances of 1) 7 ft 11 inches to permit height of 32 ft 11 inches as measured to midpoint of a sloped roof, 2) 1 ft 11 inches to permit ridge height 5 ft 11 inches above midpoint of sloped roof and 3) 33 ft 4 inches to permit house 33 ft 4 inches beyond Coastal Construction Control Line at 1170 Mandalay Point Rd., Mandalay Point Sub, Lots 18, 18A, 19 and 19A, zoned RS-4 (single-family residential) and OS/R (open space/recreation). V 91-02 The Planning Manager explained the variance requests in detail. The existing structure, which is non-conforming, will be demolished. There are several existing tall structures in the area which will minimize the impact of the height of the proposed structure. It will be necessary to obtain approval from the Florida Department of Natural Resources. The request appears to meet code requirements for granting variances. Harry Cline, attorney representing the applicant, stated they wish to rebuild on the same basic existing footprint. They will meet all setbacks with the exception of the Coastal Construction Control Line. He feels the structure will have no adverse impact on the surrounding area. He requested one year to obtain a building permit due to the need for Department of Natural Resources approval. Peter Marich, architect, stated the existing house is very large as will be the proposed house. Discussion ensued as to whether the house could be moved closer to the street to decrease the intrusion of the Coastal Construction Control Line. It was felt that the Department of Natural Resources would address the intrusion of the Coastal Construction Control Line and make the final decision. 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 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 and the variances are the minimum necessary to overcome the hardship created by the lot size and the Coastal Construction Control Line in relation to the lot, subject to the conditions that (1) all required Florida Department of Natural Resources permits be obtained and (2) a building permit be obtained within twelve (12) months of this date. The motion was duly seconded and carried unanimously. 3. Julie F. Tiernan (Seafood and Sunsets at Julie's) for a variance of five parking spaces to allow expansion of existing restaurant with zero additional parking spaces provided at 351 S. Gulfview Blvd., Lloyd-White-Skinner Sub, Lot 70, zoned CR-28 (resort commercial). V 91-03 The Planning Manager explained the request and in detail and stated that the permitting problems encountered previously have been resolved with the applicant paying triple permit fees for after-the-fact permits. There is still a case pending before the Code Enforcement Board regarding the outdoor seating. Should the Board determine the variances are warranted, several conditions are recommended. He pointed out that the Planning & Zoning Board had a problem with requiring a "wall" for a barrier to separate the outdoor seating from the sidewalk and driveway and they suggested that a substantial fence would be sufficient. Discussion ensued regarding whether staff sanctioned the adding of additional seating without the proper approvals and it was pointed out that this is not the case. It was brought up that the Police Department had been adamant against 2COP alcoholic beverage licenses on the Beach last year and questioned whether their position on this matter had changed. George Greer, attorney representing the applicant, stated the outdoor seating has been there for three years. The City Attorney and he have not been in agreement as to whether or not the seating is legal. The Planning & Zoning Board approved the outdoor seating unanimously. If the variance is approved, they must go before the Commission for distance variance approval. He pointed out that if they did not sell alcoholic beverages or had an SRX license designation they would only need 9 parking spaces. In a CR-28 zoning district the Code requires a minimum percentage of food sales which in effect creates an SRX license requirement even though the license held by the applicant is a 2COP. Continuing operation of this establishment will not negatively impact the area. Discussion ensued regarding the addition of the outdoor seating being for financial gain and that there is a self-inflicted hardship. In response to a question, Mr. Greer stated that seating has increased from 51 seats to 80 seats. The Planning Manager stated the code was changed in early 1989 to require one parking space per 80 square feet instead of one space per 200 square feet. Mr. Greer pointed out that he was in agreement with the Planning & Zoning Board's concern regarding a concrete wall around the outdoor seating and stated they would be willing to await the findings of the Beach Task Force before placing this barrier if this is forthcoming within 90 days. Discussion ensued regarding the large variances that were granted to this applicant in the beginning and that there has been a 60% increase in size. 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, more specifically, because the variance arises from a condition in that the building and total parking situation are unique at this location and there is adequate metered parking if needed, subject to the conditions that (1) the requisite occupational license shall be obtained within six months from the date of this public hearing, (2) the landscaped areas on the north, east and south sides of the site shall be improved through the installation of additional landscape material as well as an irrigation system to ensure the survivability of any landscaping installed; the proposed landscape plan shall be approved by the Planning and Development Director and the Environmental Group Manager; all required landscaping and associated irrigation shall be installed within three months of the date of this public hearing, (3) a 30 inch fence or wall shall be installed as a barrier to separate the outdoor seating area from the sidewalk and the driveway; this fence or wall shall be installed within three months of the date of this public hearing, (4) the applicant shall obtain the required conditional use permit from the Planning & Zoning Board and (5) the applicant shall obtain the required alcoholic beverage separation distance variance from the City Commission. The motion was duly seconded and upon the vote being taken Mrs. Whitney and Messrs. Merriam and Homer voted "aye;" and Mr. Plisko voted "nay." Motion carried. Request granted. II. Board Comments Staff was asked to check on Mc Donald's on the beach. They do not seem to have an office. The Planning Manager stated that they would check on it but he thought they might be storing some restaurant equipment in the office space. Staff was requested to check on whether the First Florida Bank next to Mc Donald's on the beach, has the required parking now that they have leased the second floor of the building. Discussion ensued regarding parking on the beach. The Planning Manager suggested redefining "restaurant" in the code might alleviate the problem of how many parking spaces are required for an establishment and amending the code to take into account parking lots in the vicinity of a business. The meeting recessed from 2:35 to 2:45. The Planning Manager introduced Assistant City Manager Charles Hunsicker who did a presentation on the stormwater utility ordinance in response to an interest expressed by the Board at a previous meeting. III. Minutes Mrs. Whitney moved to approve the minutes of November 29, 1990 and December 13, 1990. The motion was duly seconded and carried unanimously. Meeting adjourned at 3:55 p.m.