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02/14/1991 DEVELOPMENT CODE ADJUSTMENT BOARD February 14, 1991 Members present: Thomas J. Graham, Chairman Otto Gans John W. Homer Emma C. Whitney Member absent: Alex Plisko Also present: Scott Shuford, Planning Manager Sandy Glatthorn, Planning Official Miles Lance, Assistant City Attorney 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. Election of Chairman and Vice-Chairman Mr. Gans moved to elect Thomas (Jim) Graham for Chairman. The motion was duly seconded and carried unanimously. Mrs. Whitney moved to elect Otto Gans for Vice-Chairman. The motion was duly seconded and carried unanimously. At this time, Mr. Graham took over as Chairman and Mr. Gans as Vice-Chairman. II. Extensions A. (1st request for time extension) 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 sq.ft.) 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 applicant requested a six-month time extension in which to obtain a building permit as unexpected obstacles in regard to lease negotiations have been encountered. Discussion ensued in regard to the subject property being substandard. Mr. Gans moved to grant a six-month time extension to August 14, 1991. The motion was duly seconded and carried unanimously. Extension granted. III. Public Hearings ITEM #1 - Susan P. Watt for variances of 1) 2 ft to permit dock width of 13.5 ft, 2) 6.5 ft to permit dock length of 23 ft and 3) 9.9 ft to permit dock to be positioned 1 ft from extended side property line at 234 Palm Island, Island Estates Unit 6A, Lot 16, zoned RS-6 (single-family residential) and AL/C (aquatic lands/coastal). V 91-06 The Planning Manager explained the application in detail, stating the lot is odd-shaped, making it difficult to put in a conforming dock. The existing dock with a triangular addition would be 1 foot from the side property line. In response to a question, it was indicated the triangular dock addition has already been built. John Lombardi, representing the applicant, stated they are seeking an addition to an existing dock. He said the addition is pie shaped with the greatest width at the seawall narrowing down to the end of the dock. He stated the existing dock has an 18-inch lower landing on the westerly side. The City's Harbormaster stated approving the variance would not adversely affect traffic or navigation in the area. He submitted for the record a letter of support from the property owner of Lot 53 and a copy of the Pinellas County Water Navigation Control Authority permit application. In response to questions, it was indicated Mr. Lombardi installed the dock knowing variances were necessary. He said a minor deck repair was being done when the owner asked him to do an extension. Photographs of the dock and adjacent dock to the west were presented to the Board. The Planning Manager stated that Pinellas County follows a procedure that allows adjoining property owners to sign off on their permit if there are no objections. He stated this procedure may have contributed to the dock being constructed prior to a variance being granted. Discussion ensued regarding signatures on the Pinellas County application. It was stated there was only one adjoining owner's signature and both adjoining owners' signatures are required. Questions arose as to how a county permit was obtained without both signatures. Mr. Lombardi stated the original dock was built in 1978 and was permitted by the Pinellas County Navigation Control Authority. He stated Mrs. Watt has owned the property since approximately 1983. He stated the dock does not impair or obstruct the view for any of the neighbors, it is not unsightly, nor does it protrude any farther than the existing dock. An adjoining property owner and his daughter spoke in support of the application stating the lot is oddly shaped with the property line narrowing out to the water. He felt the applicant should have full use of the property. He said the repair of the existing dock and triangular addition is attractive and does not obstruct the view. The adjoining property owner to the west and his daughter spoke in opposition to the request expressing concern to the closeness of the dock to their property. They said the dock obstructed their view of the water decreasing the resale value of their property. They presented photographs to the Board. In response to a question, Susan Watt, applicant, stated she was not involved in the repair or addition to the dock. She said her husband handled those details. Mr. Lombardi stated the dock was not replaced in its entirety and he said the original stringers and pilings remain. In response to a question, he stated that there is no catwalk, just a lower landing. Based upon the information furnished by the applicant, Mr. Gans 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 variance arises from a condition which is quite unique to the property and was not caused by the owner or applicant and the particular physical surroundings, particularly the shape of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant, subject to the condition that the requisite building permit shall be obtained within two weeks from the date of this public hearing. In response to a question, it was indicated the applicant would be fined a triple permit fee for constructing without a permit. The motion was duly seconded and carried unanimously. Request granted. ITEM #2 - Beth Shalom Congregation for a variance of 20 ft to permit building additions 15 ft and 25 ft, respectively from Claiborne Drive right-of-way at 1325 Belcher Rd. S., Morningside Estates Unit 1, All of Lots 194-198 and 203-208 and part of Lots 199 and 202, zoned P/SP (public/semi-public). V 91-07 The Planning Official explained the application in detail, stating the variance is being requested for a proposed expansion to the existing church and educational building, known as Beth Shalom, which is also seeking site plan approval. Mike Gaylor, representing the applicant, stated the synagogue has existed for some time. He said the applicant is removing and replacing the existing sanctuary and lengthening the educational building on the north end of the site. He said the City Commission has authorized review of a final site plan with final action by the Development Review Committee (DRC) with conditions. He said they are not proposing any new additional paved surface and the asphalt currently there will remain. A grassy area located on the north and south end of the site is used for overflow parking. They are limited by two frontages, one on Belcher Road and one on Claiborne Drive, both of which have 35-foot setbacks. He said the educational and library section of the church facility has had a 15-foot setback since its inception which predates the present zoning codes and they are asking to retain that 15-foot setback. The expansion will provide for a new sanctuary and kitchenette facility. They are aligning the handicapped parking spaces adjacent to the building and will provide aisleways beside each space straight to the sidewalk and into the building. Drawings, including a floor plan of the new sanctuary, were submitted for the record. In response to questions, it was indicated approximately four parking spaces on the east side of the building will be eliminated, as well as a concrete drive on the southeast corner and rollout dumpsters will be used and will be pulled up to a paved access. Francisco Semsch, architect, stated they would like to keep the existing building setbacks and are requesting an additional 3,000 square feet for future classroom space. In response to questions, it was indicated the air conditioner is located in the sanctuary; they are reusing the present foundations; the entry is being moved from the front to the side of the building; the new building would be 64 feet wide with the existing building 49 feet wide; the existing building is being torn down and rebuilt; the covered entry will be removed in the front of the building; and the rear will be landscaped and the back of the building will have the same height that it currently has. Mr. Gaylor stated that every attempt has been made to expand the building north and south and not encroach into the setbacks any more than is required to create a functional building. One citizen expressed concern about the elimination of some of the parking spaces on the north side of the building. She felt that the 18-inch high shrubbery required would not be a high enough barrier between her and the subject property. Mr. Gaylor stated both grassy areas on the north and south end of the property would be used for overflow parking. He said there are three accesses off of Belcher Road that will remain and they will be the only accesses to the church property. He said the entrance from Claiborne Drive will not exist and a sidewalk will be constructed in its place. They will provide a landscaped hedge along Claiborne Drive, as well as a full service sprinkler system. Based upon the information furnished by the applicant, Mr. Gans 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 which is unique to the property and was not caused by the owner or applicant, the particular physical surroundings of the property and the utilization of the property as a place of worship would result in an unnecessary hardship upon the applicant, subject to the conditions that (1) a landscaped strip of at least five feet in width shall be provided along the entire length of the property fronting on Claiborne Drive, excluding any approved driveway areas and containing the following: (a) a single row of shrubs of at least 18 inches tall (at time of installation) placed 3 feet on center; and (b) one tree per each 40 feet of frontage; (2) that the driveways on Claiborne Drive be removed upon completion of construction; and (3) that the 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 #3 - Alan J. Wollman for a variance of 15.5 ft to permit addition 9.5 ft from a street right-of-way at 754 Bruce Ave., Mandalay Sub, Blk 14, Lot 5, zoned RS-8 (single-family residential). V 91-08 The Planning Official explained the application, stating the variance is being requested to permit an addition of an entrance shelter with support columns and a shelter canopy to a recently constructed single-family home. The Development Code Adjustment Board approved a similar setback variance of 8.5 feet to permit the construction of an addition to the subject house at its July 26, 1990 meeting. The owner mistakenly believed that the same approved setback variance of 8.5 feet would also apply to the portion of the house requiring the subject variance. Alan Wollman, applicant, stated that both the contractor and the designer thought the original variance granted would cover this addition. In response to questions, he stated the porch entry area on the original plan had been revised and the screened porch area now extends further out. Based upon the information furnished by the applicant, Mrs. Whitney 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 which is unique to the property and was not caused by the owner or applicant, the particular physical surroundings especially the shape of the lot 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 variance is the minimum necessary to overcome the hardship created by the unique double frontage lot, subject to the condition that the requisite building permit shall be obtained within two weeks from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. ITEM #4 - A. Roland Alexander for variances of 1) 21 ft, 3 inches to permit roof and siding replacement 3 ft, 9 inches from a street right-of-way and 2) 8.8 ft to permit roof and siding replacement 1.2 ft from a rear property line at 601 N. Myrtle Ave., Pine Crest Sub, Blk 10, Lots 5 and 6, zoned CN (neighborhood commercial). V 91-09 The applicant is requesting this variance to allow maintenance to an existing non-conforming structure. He said the grass area on the north side of the property has not been maintained and has become almost non-existent. In response to a question, it was indicated parking requirements would be met if the grassy area were maintained. John Gallant, representing the applicant, stated they wish to replace rusted siding with new siding or stucco and old roof panels with new sheeting. In response to a question, it was indicated the roof overhang will be cut within 6 inches of the building. Discussion ensued regarding landscaping along Myrtle Avenue and it was indicated landscaping should be addressed by Environmental Management. It was recommended the Building Department review the parking requirements before issuing a permit. Based upon the information furnished by the applicant, Mr. Gans 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 the variances are the minimum necessary to overcome the hardship created by the lot size and in accordance with the existing grandfathered structure, subject to the conditions (1) that landscaping on the grassed area shown on the site plan as well as along Maple Avenue shall generally conform to City code requirements for interior and perimeter landscaping, respectively, and shall be subject to the approval of the Environmental Management and the Planning & Development Director and shall be properly maintained after installation; (2) that cement plaster shall be used on the addition and shall be within 1-1/2 inches of the existing columns; and (3) that the requisite building permit shall be obtained within six months of the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. The meeting was recessed from 2:58 p.m. to 3:13 p.m. ITEM #5 - The Crescent Beach Club at Sand Key Condominium Association, Inc. for variances 1) to permit fence in setback area adjoining waterfront and 2) of 22.96 ft to permit fence seaward of the Coastal Construction Control Line at 1340 Gulf Blvd., Crescent Beach Club Condos I and II, zoned RM-28 (multiple-family residential) and OS/R (open space/recreation). V 91-10 Attorney Ben Rabin, representing the applicant, stated the original application requires two additional variances and requested a continuance. Mr. Graham moved to continue the request to the meeting of February 28, 1991. The motion was duly seconded and carried unanimously. Request granted. ITEM #6 - Carl V. Wickman for a variance of 17.5 ft to permit house 42.5 ft high at 899 Bay Esplanade, Mandalay Replat, Part of Lot 4, zoned RS-8 (single-family residential). V 91-11 The Planning Manager explained the application stating the proposed structure has a unique design with a cupola roof above the third floor. Carl Wickman, applicant, stated the proposed home fulfills the architectural theme chosen by the Clearwater Beach Blue Ribbon Task Force. The zero maintenance landscaping will include palms, sea grapes, sea oats, etc. The cupola is higher than the rest of the house to induce air movement and provide natural ventilation, has no public access and is only accessible by pulling down a ladder into the hall of the second floor. He said the house has been designed as a barrier island home featuring a sloping metal roof and elevated floors and porches. Energy efficient gas for cooking, heating and hot water is being used. Two cisterns below the roof line will catch water for outside use. The substantial fill on the property was present when purchased and would be used to bring the elevation of the structure up to that of surrounding properties with the remaining to be used in the landscaping. Discussion ensued in regard to the cisterns and Mr. Wickman said he is willing to pull them back so they do not invade the 5-foot setback or the bonus setback for a total of 6.25 feet. He presented four letters from surrounding property owners in support of the application. In response to a question, it was indicated the existing dock was built in 1981 and required a variance. Discussion ensued in regard to the houseboat on the property and the City's restrictions and provisions for liveaboards and Mr. Wickman said it is his intent to use the houseboat strictly to conduct business as a builder. One letter in opposition of the application was submitted for the record. Discussion ensued in regard to whether or not a 17.5-foot variance is needed and Mr. Wickman said he feels the variance required is substantially less and indicated the cupola roof would not interfere with the vista. Discussion ensued in regard to the cupola roof and it was felt eliminating it would destroy the character of the house; however, concern was expressed regarding the cupola area being useable space. Based upon the information furnished by the applicant, Mr. Gans 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 which is unique to the property and the variance is the minimum necessary to overcome the hardship created by the ability to construct a building in line with that being recommended by the Clearwater Blue Ribbon Task Force, subject to the conditions (1) the cisterns located at the two corners of the structure shall be setback with the side setback requirements as it relates to the height bonus requirement; (2) no fill shall be utilized to raise the base ground floor elevation of the surrounding properties; (3) the houseboat shall be used in full compliance with the City code; (4) that the attic stairs be of a pull-down type for temporary access to the widow walk area; and (5) that the requisite building permit shall be obtained within six months from this date. The motion was duly seconded and carried unanimously. Request granted. ITEM #7 - Steve and Penelope Patapis (Jeff's Rooms To Go) for variances of 1) 20% impermeable lot coverage to permit 70% impermeable lot coverage, 2) 2.4% interior landscaping for parking lot to permit 3.6% interior landscaping and 3) 27 parking spaces to permit 63 parking spaces in lieu of the 90 spaces required at 24400 U.S. 19 N., Blackburn Sub, Part of Lot 6, zoned CH (highway commercial). V 91-12 The Planning Manager explained the application stating the applicant is proposing to construct a 15,000 square foot retail furniture store on the northwest corner of U.S. Highway 19 and Blackburn Street. A question was raised regarding whether or not parking can be legally limited to the proposed use of the property. Sue Murphy, representing the applicant, stated the County requires a 40-foot green space easement in front of the property due to its location on U.S. Highway 19 which affects providing adequate interior landscaping. She said the only economical, viable use that can meet concurrency requirements on this property would be a furniture store or something of equal intensity. She presented a site plan showing the relationship of the building to the green space areas, the parking areas and the vehicular trip areas. The nature of this furniture store requires a very large building; however, a small amount of parking is required. Entire rooms of furniture are sold as units and a considerable amount of showroom area is required. Discussion ensued in regard to the amount of trips generated by retail use. Discussion ensued in regard to the need to minimize impervious area and Ms. Murphy indicated three parking spaces could be converted into pervious landscaped area. Due to above ground retention, as required by staff, some landscaping area had to be removed. In response to a question, it was indicated underground retention creates more maintenance problems. Mark Sullivan, project engineer, said a concern with underground retention is the ability to get in to clean. He said a portion of the retention would be underground. Lynn Boykin, architect, said the environmental staff desired above ground detention for breaking down pollutants. Ms. Murphy said approximately 3200 square feet of additional open space as is being provided. In response to a question, it was indicated in the easement the sidewalk will be continued down to the south property line with plantings behind the easement area. A hedge will be placed all along the site on U.S. Highway 19. It was indicated the easement is for drainage and utilities and is not anticipated to be removed. Discussion ensued in regard to the applicant maximizing the attractiveness of the building. In response to questions, it was indicated the building will front on U.S. Highway 19 with the entrance off Blackburn Street which will be paved to the west end of the property line. Ms. Murphy said the area will be enhanced and will be compatible with the uses in the surrounding areas. One citizen spoke in opposition of the application expressing concern regarding drainage and retention in the area and trailer trucks delivering furniture not having adequate space for backing in or unloading. Jeffrey Fingle, Seaman Development, stated the facility consists of a showroom only with the furniture warehouse being located in Lakeland. He said the business will sell fully set-up rooms. There will be 15,000 square feet of showroom and no storage space. He said the displays of furniture will be changed a few times a year. He felt the driveway was more than adequate and large trailer trucks would not be used. He said all drainage requirements will be met. Discussion ensued in regard to stormwater treatment on the site and it was indicated no more water will be released from the site than currently flows off. Discussion ensued in regard to eliminating three parking spaces to provide more landscaping. It was indicated the retention facilities had been reviewed and meet requirements. Based upon the information furnished by the applicant, Mr. Gans 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, the particular 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, particularly in view of the required 40 foot easement adjacent to Route 19, subject to the conditions (1) that the parking variance shall apply only to the proposed furniture store use of the building and shall not run with the land; (2) that the City staff again review this site and the adjacent Blackburn Street improvements addressing particularly any possible water or runoff problems; and (3) the requisite site plan shall be certified within six months from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. ITEM #8 - Betty Lou Miller for a variance of 12.5 ft to permit screen enclosure 2.5 ft from a rear property line at 3118 Eagles Landing Cir. W., Eagles Landing Condo, Phase III, Unit 34, zoned RM-8 (multiple-family residential). V 91-13 The Planning Manager said the applicant has revised his request to a variance of 11.0 feet to permit a screen enclosure 4.0 feet from a property line. He said staff's concern is the granting of this variance could lead to a precedent in this development. He said staff recently discovered a number of units in this development have screen enclosures. He said no variances have been granted for these enclosures since 1985. Concern was expressed if screen enclosures for the subject development had been approved through a site plan, it would affect the Board's decision. The Planning Manager recommended continuing this item for staff to research building permit/variance records for other similar enclosures within the development and report back to the Board. John Miller, representing the applicant, requested a continuance. Mr. Gans moved to continue the request until the meeting of February 28, 1991. The motion was duly seconded and carried unanimously. IV. Board Comments Mr. Homer said there is a need to address height requirements for structures on Clearwater Beach especially regarding new roof designs. The Planning Manager said he will be reviewing recommendations from the Clearwater Blue Ribbon Beach Task Force. Mr. Gans said he is happy to be back on the board. He asked when I.D. cards for use by Board members would be available. The Planning Manager is handling. V. Minutes of January 24, 1991 Mr. Homer moved to approve the minutes of January 24, 1991 in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. VI. Adjournment The meeting adjourned at 5:37 p.m.