06/27/1991 DEVELOPMENT CODE ADJUSTMENT BOARD
June 27, 1991
Members present:
Thomas J. Graham, Chairman
Otto Gans, Vice-Chairman
John W. Homer
Emma C. Whitney
Absent:
Alex Plisko
Also present:
Sandy Glatthorn, Planning Official
Mary K. Diana, Assistant City Clerk
Gwen J. Legters, Staff Assistant II
The meeting was called to order by the Chairman at 1:04 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 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 5/23/91) Valentino Koumoulidis for variances of (1) 83 ft to permit a 67 ft wide lot; (2) 3 parking spaces to permit 6 spaces; (3) 24.85% front yard open space
to allow 25.15%; (4) 3.5 ft to permit 1.5 ft of perimeter landscape buffering; and (5) 12.8 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 stated this application was continued from the meeting of May 23, 1991 as there was concern regarding the open space calculations. She said the plan had been modified
to eliminate a building column to provide better access to the handicapped parking. The subject property is an existing motel building modified by converting the first floor to retail
and the second floor into two apartment units. The variance request stems from a situation arising from a sub-standard lot.
She said the Traffic Engineer expressed concern the granting of parking variances on Clearwater Beach would add to the overall shortage of available parking in a critical area.
Mr. Richard Bekesh, Engineer representing the applicant, stated he felt the Board had indicated no objection to two upstairs apartments at the May 23rd meeting.
It was noted two of the Board members were not present at the May meeting and Mr. Bekesh was requested to present the case again.
Mr. Bekesh said the bottom units would be used for retail, the two top units for apartments with the applicant living in one and renting out the other. The pool and balcony would be
removed and stair access to the upstairs units would be provided in the rear.
In response to questions, it was indicated the previous owner had three apartments on the second floor and the applicant has not discussed with the Traffic Engineer the parking lot layout.
The contractor for Mr. Koumoulidis spoke in support of the application, gave a brief history of the subject property and indicated eliminating the back-out parking would improve the
parking layout.
Concern was expressed by the Board that adequate landscaping be provided on all sides of the subject property in order to provide a buffer for the motel next door.
Based upon the information furnished by the applicant, Mr. Homer moved to grant variances #1 and #3 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, being on Clearwater
Beach with substandard lots platted prior to the new Land Development Code, and were not caused by the applicant subject to the condition: 1) the requisite building permit shall be obtained
within six (6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted.
Based upon the information furnished by the applicant, Mr. Gans moved to grant variance #2 for one parking space because the applicant has substantially met all of the standards for
approval as listed in Sec. 137.012(d) of the Land Development Code, more specifically, because the granting of more than this one space would violate the general spirit and intent of
this Development Code as expressed in Section 131.005 and 131.006; the request for more than one parking space is based primarily upon the desire of the applicant to secure a greater
financial return from the property. There is a reason for the granting of one parking space because of the condition which is unique to the property; it is the minimum necessary to
overcome the hardship which is incurred because of the size of the lot subject to the condition: 1) the requisite building permit shall be obtained within six (6) months 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. Graham voted "nay". Motion carried. Request
granted.
Based upon the information furnished by the applicant, Mr. Homer moved to grant variances #4 and #5 as requested, more specifically, because the variances are the minimum necessary to
overcome the hardship created by a substandard lot subject to the following conditions; 1) the maximum amount of landscaping possible shall be provided in the front (south) and on the
west side; 2) parking and sidewalk access only concerning the clear space on the east side; 3) only parking shall be permitted on the west side in the clear space; 4) any pre-existing
non-conforming principle structures shall be allowed to continue but no new structures shall be erected and 5) the requisite building permit shall be obtained within six (6) months from
the date of this public hearing.
The motion was duly seconded and carried unanimously. Request granted.
1. Woodlawn Church of God for variance of 49 parking spaces to provide 135 spaces at 845 Woodlawn St, Belmont 2nd Add, Blk C, Lots 1-10 and 45-52, inclusive, and Sec 22-29-15, M&B 32.08,
zoned P/SP (public/semi-public) and RM 8 (multiple family residential). V 91-32
The Planning Official explained the application in detail stating a variance of 28 parking spaces was granted earlier this year. This request for a variance of 49 spaces is a result
of a change in the site plan increasing the square footage of assembly area by the addition of a balcony. Concern was expressed the primarily residential neighborhood would be negatively
impacted by a large parking space variance due to the increase of vehicular and pedestrian traffic congestion.
Randy Morris, Pastor of Woodlawn Church of God, indicated the church was taking steps to upgrade the area and eliminate drug traffic. He felt the parking space calculation should be
based on actual seating area rather than gross floor space area due to the fact the "stage" was only occupied by the Pastor during the greater part of the service. A floor plan was
introduced to the Board. Mr. Morris proposes to use parking available at three remote locations, for which he submitted agreements, and possibly provide a shuttle service to the church.
In response to questions, Mr. Morris indicated the proposed balcony and remote parking probably will not be utilized for at least two years but he prefers to build now to allow room
for expansion. The sanctuary currently seats 160 people with 170 people being the average number in attendance during his one service on Sunday morning. Sunday night attendance is
generally 50 to 60 percent of the morning attendance.
Two documents in support were submitted for the record.
Discussion ensued regarding using the parcel of land, presently owned by the church and occupied by a rental residence, for parking. Pastor Morris indicated the church holds a mortgage
on this property and this area can be enhanced to allow parking without eliminating the structure.
There was discussion regarding the grass surface parking and the trees on the site. The Pastor said a tree survey has been submitted.
In response to questions, Mr. Morris indicated he has obtained financing and hopes to begin building within four to six weeks.
Discussion ensued regarding the method used in computing the parking requirements.
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 particular physical surroundings of the property involved and the fact that the parking areas
will only be used spasmodically, strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant; and the variance of 49 spaces
is the minimum necessary to overcome the hardship created by the code as it is based upon the maximum allowable seating capacity in the sanctuary of 490 seats. The variance is therefore
being granted to accommodate the occasional use of these 490 seats, therefore the 490 seats be the maximum available in the sanctuary 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) the site plan shall be modified to reflect the accurate amount of square footage/seating area devoted to the assembly area; 3) the
sanctuary shall be limited to 490 seats; 4) 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; 5) 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; 6) a Unity of Title for the entire church property, including the noncommercial parking
lot, shall be recorded prior to certification of the site plan; 7) 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; 8) the final parking lot design shall be subject to the approval of the Traffic Engineer; 9) the development schedule
shall comply to that set forth on the Certified Site Plan; and 10) the requisite building permit shall be obtained within one (1) year from the date of this public hearing. The motion
was duly seconded and carried unanimously. Request granted.
The meeting recessed from 2:40 p.m. to 2:50 p.m.
2. Mary G Realty Inc (Fritz's Market) for variance of 6 parking spaces to allow 26 spaces at 490 Mandalay Ave, Clearwater Beach Park, Lots 57-63 and part of lot 64, zoned CB (beach
commercial). V 91-33
The Planning Official explained the application in detail stating the establishment had changed use and was no longer considered a retail plaza but a strip development of multiple uses.
The applicant was sharing 26 existing parking spaces with Gionis Plaza. With the provision of inside seating a total of 32 parking spaces will be required for the entire facility.
She noted the Traffic Engineer expressed concern that the granting of parking spaces on Clearwater Beach would add to the overall shortage of available parking in a critical area.
Discussion ensued regarding four previous parking variance requests for this property. It was noted the code allows a 50 percent reduction in parking requirements on Clearwater Beach.
In response to questions, the Planning Official indicated the patio area does not appear to be included in the square footage for the property and the market comprises less than 50 percent
of the total area.
Harry Cline, attorney representing the applicant indicated the area is supported predominantly by walk-in trade and felt there would be no parking conflict with other businesses as the
parking lot is seldom full. He felt a deli operation should not be considered to be a fast food restaurant.
Discussion ensued regarding the patio on the subject property and it was indicated it is not being used for seating at the present time.
Three citizens spoke in support of the application indicating the majority of patrons are walk-ins and having on-site seating would help to eliminate trash problems on the beach.
Discussion ensued regarding the present use of the center. Concern was expressed that when the property was converted from a gas station in 1984, the intent was for the property to
be used for deluxe shops, not restaurants.
Based upon the information furnished by the applicant, Mr. Gans moved to deny the variance as requested because the applicant has not demonstrated he has met all of the standards for
approval as listed in Section 137.012(d) of the Land Development Code because; there is no condition which is unique to the property, no unnecessary hardship was shown, the condition
existing was indirectly caused by the owner or applicant, the variance is not the minimum, the request for the variance is based primarily upon the desire of the applicant to secure
a greater financial return from the property, the granting of the variance would increase the congestion in this area and the granting of the variance would violate the general spirit
and intent of this development code as expressed in Section 131.005 and 131.006. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer and Gans voted
"aye"; Mr. Graham voted "nay". Motion carried. Request denied.
3. The Pines of Clearwater Condominium for variance of 12 ft to permit utility shed 3 ft from a rear property line at 1575 Greenlea Dr, The Pines of Clearwater Condo, zoned RM 24 (multiple
family residential). V 91-34
The Planning Official explained the application in detail stating an existing utility shed in this location was recently damaged by a storm. The owner is requesting a variance to permit
reconstruction of a shed in the same location.
Patrick Flammia, representing the owner, indicated there is no other practical location for the shed.
In response to a question, Mr. Flammia indicated the applicant is proposing to replace the damaged shed with a larger one.
Concern was expressed in increasing an existing non-conformity.
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 arises from a condition which is unique to the property, the nonconformity existing
prior to the code and allowed to continue, subject to the following conditions: 1) the utility shed shall not exceed 114 square feet; and 2) the requisite building permit shall be obtained
within six (6) months from the date of this public hearing. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer and Graham voted "aye"; Mr. Gans
voted "nay". Motion carried. Request granted.
4. Anthony P Granese for variance of 2 parking spaces to permit 25 spaces at 1008, 1010, 1012 and 1014 Drew St, Plaza Park, Blk B, Lots 5-9, zoned OL (limited office) and RM 12 (multiple
family residential). V 91-35
The Planning Official explained the application in detail, indicating the property located at 1008 and 1008½ Drew Street is being converted from residential use to professional offices
and proposed to be linked with adjacent properties at 1010, 1012 and 1014 Drew Street through a Unity of Title. The parking spaces which exist for the adjacent property will be made
available for the new professional offices. Since several offices will share parking and the proposal avoids "back-out" parking, Ms. Glatthorn indicated it appears likely the parking
arrangement will be sufficient.
Discussion ensued regarding the difficulty involved in reviewing and making a decision based upon an inadequate site plan.
Mr. Richard Green, attorney representing the applicant, described the parking conditions of the subject property and its surroundings. He indicated strict adherence to the parking space
requirements was impossible in this location without demolishing existing buildings or huge old trees and 25 parking spaces were sufficient.
In response to questions, Mr. Green indicated the new parking spaces would be paved and the shell parking area would not be expanded. He agreed with the Staff recommendation regarding
curbing the Drew Street frontage to avoid the potential for vehicles backing out onto Drew Street.
Mr. Anthony Granese, owner and applicant, indicated a request had originally been approved for fifteen spaces. Only thirteen spaces were built pending a decision by Southwest Florida
Water Management District as to whether or not water retention would be required. The two remaining spaces were built later.
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 hardships created by the parking code in
that specific area subject to the following conditions: 1) a Unity of Title for Lots 5-9 Block "B" Plaza Park Sub. 1008, 1008½ 1010, 1012, and 1014 Drew Street, including the associated
parking along the west side of Greenwood Avenue shall be recorded prior to the issuance of any occupational license; 2) curbing along 1008 Drew Street shall be continuous, the driveway
serving this property shall be removed; 3) the new handicapped parking space shall be paved in accordance with City standards; and 4) the requisite occupational license shall be obtained
within six (6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted.
5. Evangelia Dushas for variances of (1) 5.26 ft to permit air conditioner support bracket 4.74 ft from a side property line; (2) 2.6 ft to permit bedroom addition 7.4 ft from a side
property line; (3) 68 in to permit wall height of 98 in in front yard setback area; and (4) 2 ft 2 in to permit 8 ft 2 in wall height behind front yard setback area at 1100 Mandalay
Point, Mandalay Point Sub, Lots 1 and 1A, zoned RS 4 (single family residential). V 91-36
Mr. Graham declared a conflict of interest with regard to this case at which time Vice-Chairman Gans took over chairing the meeting for this case.
The Planning Official explained the application stating the applicant is in the process of remodeling an existing home. On February 28, 1991, the Development Code Adjustment Board approved
variances for this property. During construction of the project, it was discovered the garage/room addition not only involved a front yard setback variance but also a variance to the
required side yard setback from the north property line. Also, it was discovered a portion of the wall will be constructed in the required 30-foot front yard setback area; however,
this wall will not extend out any farther than the residence and addition which was previously approved for a variance. She said the applicant has already obtained a building permit
for construction of the remodeling project.
Mr. Robert Resch III, architect representing the applicant, presented a site plan and explained the necessity for the additional variances. He said there had been some confusion regarding
right of way. Also, FEMA requires the air conditioner support brackets in a flood zone to be elevated.
Discussion ensued regarding the wall heights in relation to the variations in elevation of the property and the need to provide visual balance between the north and south walls.
Concern was expressed regarding the formidable height of the south wall. Mr. Resch indicated the owner plans extensive landscaping and would be willing to soften the visual impact of
the southwest corner and the adjacent wall with vegetation.
Mr. Jim Lilos, representing the owner, stated the residence south of the subject property has recently been sold and the new owner has no objection to the height of the wall.
Discussion continued regarding the southwest corner and south wall; its visual impact, the privacy it affords the owner and possible solutions for providing visual continuity with the
rest of the area.
Based upon the information furnished by the applicant, Mr. Homer 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 in that the property's topographical
condition at the north and south ends of the property lines vary greatly subject to the following conditions: 1) there will be no additional encroachment into the front yard setback
area concerning variance #3; and 2) the owners and architects agree to landscape and to elevate the southwest corner of the southern entrance to the property to the best of their ability
subject to the adjoining property owners agreeing. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer and Gans voted "aye"; Mr. Graham abstained.
Motion carried. Request granted.
6. Fortune Savings Bank for variances of (1) 8 ft to permit addition 67 ft from a street right-of-way (Countryside Blvd); (2) 30 ft to permit addition 45 ft from a street right-of-way
(Village Dr); (3) one car per drive-through lane (three lanes) to allow five cars per lane; (4) 53 ft to permit canopy overhang 22 ft from a street right-of-way (Village Dr); and (5)
2 ft to permit 6 ft high wall about dumpster in setback area adjoining a street to which property is not addressed at 2575 Countryside Blvd, Countryside Village Square, Lot 4, zoned
CC (commercial center). V 91-37
The Planning Official explained the application in detail describing the setback and wall height variances required due to the remodeling of the existing bank structure. The existing
structure encroaches into the setback area. It was indicated a six-foot wall (or fence) is required and dense landscaping will be used to screen the dumpster enclosure.
In response to questions, Ms. Glatthorn indicated the aisle is in the area of the 90-degree back-out parking spaces. The minimum width for a bypass drive varies from 9 to 12 feet subject
to the Traffic Engineer's approval.
Mr. Will Alexander, architect representing the applicant, provided the Board with a copy of the site plan approved March 26, 1991 which did not include the canopy addition. Mr. Alexander
indicated, due to a change in management, the proposed additions were altered. Upon Staff recommendation, a new site plan was filed which included the alterations and the proposed canopy
addition.
Discussion ensued regarding setbacks, dumpster placement and traffic flow. Concern was expressed regarding the width of the bypass lane. Mr. Alexander indicated traffic flow had never
been a problem in the past and there is adequate room for two-way traffic. He stated there is nowhere to relocate the dumpster which is satisfactory to Sanitation. They plan to remove
the planter island and make the area a narrow drive lane. Some of the landscaping will be replaced or relocated.
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
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 subject to the following conditions: 1) the required site plan revision shall be submitted and approved prior to the
issuance of any building permit; 2) shrubs shall be improved, provided and maintained as required by Section 136.016 to screen the entire site and the dumpster enclosure. Particular
emphasis should be made in the area east of the canopies (Village Drive) and the dumpster area; 3) all parking, in particular the access area through the bypass drive, shall be approved
by Traffic Engineering; 4) variances shall be limited to the occupancy of the site by Fortune Savings Bank; and 5) all requisite permits shall be obtained within six (6) months of
this public hearing. The motion was duly seconded and carried unanimously. Request granted.
III. Staff and Board Comments
Mr. Homer moved to request Staff to ask Sanitation to avoid putting dumpsters on major thoroughfares and local through streets. The motion was duly seconded and carried unanimously.
Discussion ensued regarding parking at the El Capitan, the Equator and the Pelican restaurants.
Concern was expressed regarding boats parked in front and front side yard setbacks on Clearwater Beach.
Mr. Gans moved to require that a signed and sealed site plan to scale by a Florida registered architect or engineer accompany parking and setback variance requests unless otherwise determined
by Staff to be unnecessary. The motion was duly seconded and carried unanimously.
Staff was asked to check into the legality of the patio behind Fritz's Market and the fence at the Shipwreck Bar.
Concerns were raised regarding the lack of parking at the T-shirt store next to Britt's and the outdoor dining at Britt's.
V. Adjournment
The meeting adjourned at 5:45 p.m.
Chairman
ATTEST:
Assistant City Clerk