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02/27/1992 DEVELOPMENT CODE ADJUSTMENT BOARD February 27, 1992 Members present: Alex Plisko, Chairman Emma C. Whitney, Vice-Chairman Thomas J. Graham Otto Gans John W. Homer Also present: Miles Lance, Assistant City Attorney Scott Shuford, Planning Manager Sandy Glatthorn, Senior Planner Susan Stephenson, Deputy City Clerk Gwen J. Legters, Staff Assistant II 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 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 2/13/92) 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 This item was continued from the meeting of February 13, 1992, due to a tie vote. 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 a hardship exists due to an existing service drive which restricts the usable lot width. Farhod Nikjeh, owner and applicant, stated he wishes to give his customers the best service possible by providing a shaded area for them to dry their cars. In response to questions, Mr. Nikjeh indicated he had not considered having a canopy before the site plan was approved and was not previously aware of the setback requirement for canopies. He stated no car detailing or waxing would be allowed under the open canopy. Discussion ensued regarding ingress, egress and required parking on the site. Concerns were expressed that building the canopy creates a self-imposed hardship because the applicant was aware of the driveway at the time he leased the property. It was felt that allowing the canopy to be built creates a non-conformity, is not necessary and may create a traffic hazard. Discussion ensued regarding whether or not canopies are typical at self-service car washes. In response to questions, Mr. Nikjeh indicated the car wash will be strictly self-service and is employees will service only the quick-lube area. Discussion ensued regarding the parking lot arrangement and its similarity to standard parking lots in terms of backing and maneuvering area. The driving and stacking space shown on the site plan is necessary. It was felt the design was well executed in light of the difficulties involved, absence of a canopy would be a hardship and the proposed canopy would not pose any problems as long as it is not enclosed. 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 owner or 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 40-foot easement located on the east side of the property and the available development area on the property subject to the conditions: 1) the parking spaces, canopy and vacuum areas shall be used by patrons in conjunction with the car wash/quick lube only and there shall be no additional auto detailing, repair or maintenance, performed 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, Gans and Graham voted "aye"; Ms. Whitney and Mr. Homer voted "nay". Motion carried. Request granted. 1. George P and Doris H Sampson for variances of (1) 10 ft to permit dock width of 31 ft; and (2) 3 ft to permit boatlift 17 ft from extended side property line at 933 Bay Esplanade, Mandalay Sub, Blk 54, Lot 6, zoned RS 8 (single family residential) and AL/C (aquatic lands/coastal). V 92-11 Planning Manager Shuford explained the application in detail stating the applicant wishes to remove a portion of an existing dock on the north side of the property, replacing it with a cradle lift. He noted the City Harbormaster has determined no navigational hazards or obstructions will be created. Dave Griswold, contractor representing the applicant, responded to questions, indicating 28 percent, or 11 feet of the north side of the existing dock, will be removed to accommodate the cradle lift and there will be no tie poles extending to the east of the dock. Based upon the information furnished by the applicant, Ms. Whitney 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 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 and the variances are the minimum necessary to overcome the hardship subject to the requisite building permit being obtained within six (6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. 2. G Anthony Du Quesnay/O'Keefe's, Inc (O'Keefe's Tavern & Rest) for a variance of 20 ft to permit building addition zero ft from a street right-of-way at 1219 S Ft Harrison Ave, Milton Park, Blk 6, Lots 1 thru 7 and part of Lot 8, together with vacated alley lying south of Lots 1 thru 4, zoned IL (limited industrial). V 92-12 Senior Planner Glatthorn explained the application in detail stating the applicant wishes to construct an addition to an existing non-conforming building in order to place existing video games into a recessed wall. She indicated the proposed addition will be in alignment with what is existing and the applicant is seeking to obtain site plan approval for expansion and renovation of the entire building and site. Concerns were expressed regarding the apparent lack of hardship for the applicant and the effects of the proposed addition on the future widening of North Fort Harrison Avenue. Bob Herberich, the applicant, said site plan approval is being sought to bring the subject property into conformance with the Americans with Disabilities Act (ADA) standards by changing the ingress and egress paths and adding new handicapped restrooms. He said the kitchen is being remodeled and the parking lot is being redesigned to include extensive landscaping and water retention which will reduce the number of available parking spaces. In response to questions, Mr. Herberich indicated he wishes to relocate existing video games and no new games will be added, an existing storage shed is accessed from Hamlet Street and he is trying to meet the City's traffic department standards for driveways. Peter Wiebe, an adjacent property owner, expressed opposition to the application due to concerns that restaurant patrons are parking in his parking spaces. It was indicated closing the access drive onto Hamlet Avenue should alleviate Mr. Wiebe's parking problem. Discussion ensued regarding whether or not the request is necessary. Concerns were expressed regarding increasing the existing non-conformity, the video games being for monetary gain and the request not being a minimum. It was felt moving the video games creates a self-imposed hardship by increasing congestion in a crowded area of the restaurant. 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 the hardship was caused by the owner or applicant; the request for the variance is specifically for financial gain and the granting of the variance would violate the general spirit and intent of this development code as expressed in Sections 131.005 and 131.006. The motion was duly seconded and upon the vote being taken, Messrs. Plisko, Gans and Graham voted "aye"; Ms. Whitney and Mr. Homer voted "nay". Motion carried. Request denied. 3. Gould Investors Trust (Clearwater Property Group/K-Mart Store #3476) for variances of (1) 36 parking spaces to permit 511 spaces in lieu of the 547 spaces required; and (2) 5.09% open space for lot to allow 9.91% open space at 2130 Gulf to Bay Blvd, Sec 13-29-15, M&B 14.03, zoned CG (general commercial). V 92-13 Planning Manager Shuford explained the application in detail stating the applicant wishes to upgrade an existing commercial property including replacement of some of the existing parking spaces with landscaping and thereby improving the existing open space. Discussion ensued regarding signage on the subject property. It was indicated that the applicant will comply with City sign regulations. Michael Lynch, architect representing the applicant, presented an artist's sketch of the proposed landscaping on the site. He indicated the interior will be completely renovated and K-Mart is to occupy the entire structure. Mr. Lynch said he investigated closing the Main Avenue entrance to acquire more land, but that could not be accomplished due to an adverse impact on AAA. The impervious area will be reduced by eliminating some of the parking spaces along Gulf-to-Bay Boulevard and replacing them with landscaping. He stated signage is being modified to bring it into compliance with the City sign regulations and setbacks on the west side of the property will be increased. Based upon the information furnished by the applicant, Ms. Whitney 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 not caused by the owner or applicant; and the variances are the minimum necessary to overcome any hardship subject to the conditions: 1) the interior and perimeter landscaping requirements of Section 136.023 shall be met; 2) all signage shall be brought into compliance with the sign regulations on or before October 13, 1992; 3) the requisite building permit shall be obtained within the time frames established for the certified site plan and 4) the site plan shall be certified within six (6) months from the date of this public hearing. The motion was duly seconded and carried unanimously. Request granted. II. Board and Staff Discussion Discussion ensued regarding the issue of increasing a non-conformity. It was indicated the purpose of obtaining a variance is to legitimize an existing or proposed non-conformity. It was felt the merits of each individual application should be considered when deciding whether or not to grant variances and it was suggested the wording of the Code be changed regarding extending non-conformities. III. Approval of Minutes of January 23, 1992 Mr. Plisko indicated he voted in favor of granting a time extension to Mr. Heye and requested page one of the minutes of the previous meeting be amended to reflect his vote. Mr. Graham moved to approve the minutes of January 23, 1992, as amended, in accordance with copies submitted to each board member in writing. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Homer, Plisko and Graham voted "aye"; Mr. Gans, who was excused from the previous meeting, abstained. Motion carried. Approved as amended. IV. Adjournment The meeting was adjourned at 2:45 p.m.