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02/13/1992 DEVELOPMENT CODE ADJUSTMENT BOARD February 13, 1992 Members present: Alex Plisko, Jr., Chairman Emma C. Whitney, Vice-Chairman Thomas J. Graham John W. Homer Absent: Otto Gans (excused) Also present: Sandy Glatthorn, Senior Planner Mary K. Diana, Assistant City Clerk Gwen J. Legters, Staff Assistant II The meeting was called to order by the Chairman at 1:05 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. Time Extensions 1. Hans Frederic Heye (1st request for time extension) for variances of (1) 5 ft to permit lot width of 95 ft; and (2) 14.1 ft to permit second floor addition 0.9 ft from a side property line at 800 W Druid Rd, Harbor Oaks, part of Lot B, zoned RS 2 (single family residential). V 91-55 On August 22, 1991, the applicant was granted two variances to construct a second-floor addition to an existing house. In a letter dated February 3, 1992, Mr. Heye requested a time extension due to delays in choosing final architectural plans for the renovation. Mr. Homer moved to grant a 90-day time extension. The motion was duly seconded and carried unanimously. Time extension granted to May 22, 1992. II. Public Hearings 1. V Jack Kennedy/Life Savings & Loan Assn (Pelican Car Wash/Quick Lube, Inc) for a variance of 15 ft to permit a canopy 5 ft from a side property line at 2620 Drew St, Sec 8-29-16, M&B 33.07 and part of M&B 33.04 and 33.09, zoned CH (highway commercial). V 92-09 Senior Planner Glatthorn explained the application in detail stating the applicant wishes to construct a freestanding canopy five feet from a side property line on the site of the Pelican Self-Serve Car Wash and Quick Lube currently under construction. She stated the construction site is a leased outparcel of the nearby savings and loan property, the canopy will not be enclosed and will serve as a shaded shelter for customers using the vacuum cleaners. Farhod Nikjeh, applicant and owner of the carwash, presented two photographs of the subject property. In response to questions, Mr. Nikjeh stated the canopy cannot be placed adjacent to the building due to ingress and egress drive lanes on both sides of the building currently under construction. He indicated the vacuums will serve the bays nearest the vacuums and the quick lube area is in the lower section of the facility. Discussion ensued regarding whether or not a hardship exists and it was indicated due to an existing private drive on the east side of the property connecting the site to the bank property to the north and due to the drive-through nature of the business, it is difficult to relocate the proposed structure on the site. Concern was expressed regarding locating the canopy so close to the property line. There was discussion regarding there being no impact if the canopy remains open. Based upon the information furnished by the applicant, Mr. Graham 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 not caused by the applicant; the particular physical surroundings, shape, and 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 variance is the minimum necessary to overcome the hardship created by the existing private drive which runs through the east side of the property creating a developable area of the property which is very narrow, the type of access to this facility, and to the car wash areas, subject to the conditions: 1) the parking spaces, canopy and vacuum areas shall be used by patrons in conjunction with the carwash/quick lube only; there shall be no additional auto detailing, maintenance, or repair performed and shall only be used for vacuuming and cleaning of the cars 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, Messrs. Plisko and Graham voted "aye"; Ms. Whitney and Mr. Homer voted "nay". Due to a tie vote, the request was rescheduled to the meeting of February 27, 1992. 2. L M Loken/Mobil Oil Corp (Imperial Sq Shopping Center) for a variance of 30 parking spaces to permit 311 parking spaces at 1444-1494 S Belcher Rd, Sec 24-29-15, M&B 41.02, 41.03, 41.04, and 41.05, zoned CC (commercial center) and CG (general commercial). V 92-10 Senior Planner Glatthorn explained the application in detail stating the applicant wishes to lease existing vacant store area to a prospective grocery store tenant who requires additional space. She said the owner of the shopping center has acquired the adjacent vacant gas station and proposes to demolish the structure and convert the area to parking and stormwater retention. Ms. Glatthorn indicated bringing the property into compliance with Code entails recording a Unity of Title for the two parcels and meeting perimeter and interior landscaping requirements. Eliminating dangerous backout parking hinders the applicant providing the required number of parking spaces. Ms. Glatthorn indicated the City Traffic Engineering Department recommended revising the proposed parking layout and felt the variance of 30 parking spaces is within acceptable parameters. If a variance of more than 30 spaces is required, the applicant would need to reappear before the Board. In response to a question, it was indicated the application has not gone through the Development Review Committee (DRC). Steve Fowler, representing the applicant, stated the applicant has a petition with approximately 800 signatures of area residents indicating support of having a grocery store on the subject property; however, did not bring it with him. Mr. Fowler indicated the parking lot is being redesigned with five of the eight existing driveways being eliminated and the main driveway will be aligned with the property directly across Belcher Road. He said eliminating sixteen backout parking spaces onto Catalina Drive would cause a hardship and indicated a neighboring condominium to the west has backout parking. In response to questions, Mr. Fowler indicated the new design will meet code requirements for interior landscaping, exterior buffer landscaping and stormwater requirements. Mr. Fowler indicated negotiations are proceeding relating to the development of the subject property and requested additional time for obtaining the requisite building permit. William Kimpton, applicant's attorney, said this will be a valuable project for the area and the applicant, as well as the prospective tenant, are striving to make it work. Discussion ensued regarding the difficulties involved in meeting the new landscaping ordinance and the applicant was commended for his work. Based upon the information furnished by the applicant, Mr. Graham 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 not caused by the applicant; the particular physical surroundings, shape, and 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 variance is the minimum necessary to overcome the hardship created by the existing development of this shopping center under the previous development codes and the difficulty in obtaining suitable space for a development of this type under the current code, subject to the conditions: 1) prior to the issuance of a building permit, the applicant shall obtain approval of an amended site plan from the Development Review Committee and a final certified site plan within one (1) year from the date of this public hearing; 2) the requisite Unity of Title tying the shopping center parcel with the service station parcel shall be recorded by the applicant prior to certification of the site plan and 3) the requisite building permit shall be obtained within one (1) year from the date of certification of the amended site plan. The motion was duly seconded and carried unanimously. Request granted. III. Board and Staff Discussion James Polatty, Director of Planning and Development, and John Richter, Code Enforcement Manager, addressed the Board regarding the City's code enforcement procedures. Mr. Polatty stated an ordinance relating to a two-tier system for variance fees has been drafted. The proposed ordinance would differentiate between residential and commercial properties. Mr. Polatty indicated a new system of responding to code violation complaints is being implemented by the Code Enforcement department. A complaint form has been developed to facilitate tracking and follow-up of complaints which will allow for a quicker response. Mr. Richter indicated the Code Enforcement Department's three primary areas of responsibility include enforcing the Land Development Code, Occupational Licenses and Lot Clearings and distributed a code enforcement guide to the Board. Discussion ensued regarding how code violation complaints are handled by the City. It was indicated Code Enforcement, Building, Public Works Environmental and Public Works Engineering enforce different sections of the code and use of the new form should expedite routing a complaint to the correct authority. In response to questions, Mr. Polatty said an attempt is being made to "work smarter" by handling code enforcement pro-actively rather than re-actively as was done in the past. Discussion ensued regarding more enforcement being needed in downtown Clearwater relating to lot clearings and abandoned vehicles. IV. Approval of Minutes of January 9, 1992 and January 23, 1992 Mr. Homer moved to approve the minutes of January 9, 1992 and January 23, 1992, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. Approved as submitted. V. Adjournment The meeting was adjourned at 2:25 p.m.