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05/09/1991 DEVELOPMENT CODE ADJUSTMENT BOARD May 9, 1991 Members present: Otto Gans, Vice-Chairman John W. Homer Alex Plisko Emma C. Whitney Absent: Thomas J. Graham (excused) Also present: Scott Shuford, Planning Manager 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 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. I. Extensions A. (1st request for extension) Community Pride Child Care Center of Clearwater, Inc. for variances of (1) 30 inches to permit a 60 inch high chain link fence in setback area adjacent to street to which property is addressed; (2) 24 ft to permit building addition 11 ft from a street right-of-way (Missouri Ave); and (3) three parking spaces to allow 18 spaces at 211 S. Missouri Ave., Hibiscus Gardens, Blk L, All of Lots 8-10 and part of Lots 7, 11 and 12, zoned P/SP (public/semi-public). V 90-162 Mr. Plisko declared a conflict of interest with regard to this case. A letter has been received from the applicant requesting a time extension stating the plans for the addition will be going out to bid the first week of May. Since Community Development Block Grant (CDBG) funds are being used for this project, certain regulations must be followed which make the bid process more lengthy than usual and the building permit may not be pulled in the time allotted. Mr. Homer moved to grant an extension to November 29, 1991. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer and Gans voted "aye"; Mr. Plisko abstained. Extension granted. B. (1st request for extension) Scot M. Trefz for a variance of 7 ft. to build an addition 3 ft. from a side property line at 125 S. Belcher Rd., Sec. 18-29-16, M&B 23.04, zoned CG (General Commercial). V 90-146 A letter has been received from the applicant requesting a time extension stating their architect has not been able to satisfy their needs regarding the final elevation. Ms. Whitney moved to grant a time extension to December 13, 1991. The motion was duly seconded and carried unanimously. Extension granted. II. Public Hearings 1. Joseph and Lucy C. Caraco, Anthony and Louise Linares and Frank and Maria Iocolano (Lucia's by the "C") for a variance of 14 parking spaces to allow restaurant with 2 COP alcoholic beverage license at 423 Poinsettia Ave, Barbour Morrow Sub, Blk B, Lots 5 and 6, zoned CB (beach commercial). V 91-21 The Planning Manager explained the application stating the applicant is presently using his facility as a restaurant and wishes to expand his operation to include the sale of alcoholic beverages. There are fourteen existing parking spaces on the applicant's property; three of these reserved for McDonald's and a fourth for a separate business use. The Planning and Zoning Board approved the conditional use permit associated with this request on April 30, 1991. Harry Cline, attorney representing the applicant, said the establishment is approximately 1,700 square feet. He said there was miscommunication between the architect and the applicant in designing a sit down restaurant serving beer and wine. Mr. Cline said there will not be a change of use of what currently exists. The property is located in a heavily used tourist section of the beach being developed years ago and is now a landlocked parcel. The property is bounded by Frenchy's restaurant, a small motel built to the property line, a bank, city and commercial parking lots and a small strip center. Mr. Cline said there are severe limitations, problems and hardships in utilizing the property due to its location and size. He feels the request is minimum to allow the use. He indicated other establishments in the area have been granted similar parking variances. He said 90 percent of the restaurant's business are walk-ins, there would be no adverse impacts on the community, the applicant will accept the 51 percent food sales provision and there is ample parking in the neighborhood during the night time hours. Discussion ensued in regard to whether or not McDonald's is using the storage space they are currently leasing on the subject property. The applicant indicated he uses this storage space at night. In response to a question, it was indicated outdoor seating was included as part of the application. Discussion ensued in regard to the architect miscalculating the parking requirement when designing the establishment. In response to a question, it was indicated a beer dispenser had been shown on the plans. Discussion ensued in regard to parking variances granted and denied for restaurants in this area. Concern was expressed that a restriction was placed on the property when a seven space parking variance had been granted in 1985 to allow for the conversion of duplexes into retail space at this location with the provision that no restaurant be operated on the property. It was felt the hardship was self-inflicted as parking was given to McDonald's by leasing them storage space and that the variance is not minimal. It was pointed out the present owner is not the same as in 1985, the seven parking spaces granted then are not being used by this property, this project has no variances and the three spaces being leased to McDonald's would not answer the applicant's variance needs. The Planning Manager said the parking variance granted in 1985 lasted only until the code change. In response to a question, it was indicated fourteen parking spaces are needed to serve alcoholic beverages at the restaurant. Discussion ensued in regard to other restaurants on the beach not being able to survive without alcoholic beverage sales and the shortage of parking at these establishments. Mr. Shuford said if the applicant were to convert the area leased to MacDonald's to restaurant use, the parking requirements for the number of square feet for that particular use would exceed the number of spaces they currently need. 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 directly caused by the applicant and it is the minimum necessary to overcome the hardship created by the way the code interprets the parking spaces for obtaining a beer and wine license subject to the conditions (1) that the restaurant shall remain strictly a sit down restaurant and will meet the 51 percent food sales provision; (2) liquor sales shall be only allowed from 5:00 p.m. to 12:00 a.m.; (3) the area leased to McDonald's shall not be used for restaurant use; (4) the restrictions set by the Planning & Zoning Board at their April 30, 1991 meeting shall be met; and (5) any requisite permits shall be obtained within six months of the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. 2. Salvation Army for a variance of 23.4 ft to permit addition 1.6 ft from a street right-of-way at 300 N Ft Harrison Ave, Bergens Replat, Lots A and B, including vacant alley on W side of Lots A and B, together with the E 1/3 of Lot 2 and W 1/3 of Lot 3, Jones Sub of Nicholsons Addn to Clearwater, including the E 161.65 ft of vacant alley adjacent to N side of said lots, zoned CG (general commercial) and RM-28 (multi-family residential). V 91-22 The Planning Manager stated the Salvation Army proposes to redevelop the subject property into an office building to be used primarily for their program for counseling and community service work assignments. The plan is to combine the two one-story buildings into a one one-story structure and construct a new one-story addition on the west side of the structures. The existing 3-foot wide space between the buildings will be closed to become a part of the combined structure. A related conditional use permit for noncommercial parking is scheduled for review by the Planning & Zoning Board on May 14, 1991. In response to a question, Mr. Shuford indicated the property is broken up into several different lots and unity of title and a shared parking agreement are necessary to eliminate further variance requests and to allow the site to be designed as proposed. He said there is potential for the applicant to sell off portions of the property in the future. Captain Tom Overton, representing the applicant, said the reason for the request is to unify the existing structures into one cohesive unit. The existing building to the south of the two buildings is about 4 inches closer to the right-of-way line than the north building. The space between the two buildings will be filled in and absorbed into the overall use of the building spaces eliminating an unused area. In response to a question, it was indicated the metal shack behind the four-unit apartment will be removed, that the location of the collection trailer is handled by a different administration of the Salvation Army than the Clearwater unit, the long term plan for the facility on N. Fort Harrison is to maintain and improve it, and obtaining approval for building on the property next to the Center Foundation took approximately a year. Concern was expressed in regard to staff's recommending conditional use approval for the noncommercial parking lot and the shared parking agreement. The Planning Manager said conditional use approval for noncommercial parking is being proposed because a portion of the property is in a residential zoning district and is not a permitted use in this district and requesting a shared parking agreement would avoid the need to provide additional landscaping in the event the property was sold. Based upon the information furnished by the applicant, Mr. Homer 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 is the minimum necessary to overcome the hardship created by the change in setback requirements between when the property was built and the current building code requirements subject to the conditions (1) a unity of title including all lots and the vacated alley which are a part of this application and plan shall be recorded prior to the issuance of a building permit; (2) the applicant shall obtain conditional use approval for the noncommercial parking lot prior to the issuance of a building permit; (3) the applicant shall record the requisite shared parking agreement prior to the issuance of a building permit. The agreement shall clearly state the number of required parking spaces for the exclusive use of the intended user and that parking will be acquired by the owner of the intended user on other property in the near vicinity if the owner of the offsite parking should decide to sever the agreement; and (4) the requisite building permits shall be obtained within one year from the date of this public hearing. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer and Gans voted "aye;" Mr. Plisko abstained. Motion carried. Request granted. III. Minutes of April 25, 1991. Mr. Homer moved to approve the minutes of April 25, 1991, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. IV. Staff Comments Mr. Shuford distributed the latest issue/response schedule indicating the vehicular signs on the beach are illegal and enforcement will be initiated. V. Board Comments Mr. Plisko questioned whether the BP Gas Station (formerly Seven Oaks) at Drew and Myrtle Streets had been issued permits to concrete the area where trees were removed. Staff is to investigate. He expressed concern for the parking situation at the former Perma House Furniture Store at the corner of Court and Myrtle Streets. Staff to handle. In response to a question, it was indicated a film distribution business is being operated at this location. Mr. Homer questioned whether the restaurant at 608 Mandalay had adequate parking and whether the required conditional use permit to allow alcoholic beverage sales had been obtained. Staff to investigate. Mr. Gans questioned whether portable signs could be used in place of the signs destroyed by the April 25th storm. Mr. Shuford said the code does not address this type situation; however, portable signs will be allowed to be used by those businesses whose signs were destroyed until May 29, 1991. It was indicated signs with blinking lights are not allowed. Mr. Homer suggested the possibility of having the application form for variances indicate whether the applicant plans to have alcoholic beverage sales at his establishment. Mr. Plisko suggested including a footnote in the code referencing parking requirements regarding establishments serving alcoholic beverages. Mr. Shuford indicated code amendments will be forthcoming dealing with parking for restaurants and lounges. Discussion ensued in regard to the possibility of having only one board meeting a month or starting the meeting at 3:00 p.m. if the case load is light. Staff to research. Concern was expressed that a fee of $450 for variance applications was high and would encourage violations. It was suggested that a poll be taken to see what other cities charge. Discussion ensued in regard to the republication of the code of ordinances. A question was raised regarding parking in front yards and it was indicated this is under reviewed. V. Adjournment The meeting adjourned at 2:30 p.m.