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01/14/1993 DEVELOPMENT CODE ADJUSTMENT BOARD January 14, 1993 Members present: Alex Plisko, Chairman Emma C. Whitney, Vice-Chairman Otto Gans John B. Johnson Members absent: John W. Homer (excused) Also present: Miles Lance, Assistant City Attorney Sandy Glatthorn, Senior Planner Ted Clarke, Planner II Mary K. Diana, Assistant City Clerk Gwen J. Legters, Staff Assistant II The meeting was called to order by the Chairman at 1:00 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. (1st request for extension - continued from the meeting of 12/10/92) Marinco, a Florida General Partnership, requesting four month time extension, for variances of (1) 7.5 ft to permit house 37.5 ft high; (2) 6 ft to permit roof to project 10 ft above midpoint; and (3) 0.75 ft to permit house 4.25 ft from side property line at 1070 Eldorado Ave, Mandalay Sub, Blk 70, Lot 7, zoned RS 8 (single family residential). V 92-27 This item was continued from the last meeting due to the lack of a quorum after Mr. Plisko declared a conflict of interest with regard to the case. Mr. Plisko indicated the request was for a four-month time extension and he is now asking for a six-month extension. Ms. Whitney moved to grant a six-month time extension to May 28, 1993. The motion was duly seconded and upon the vote being taken, Ms. Whitney, Messrs. Gans and Johnson voted "aye"; Mr. Plisko abstained. Motion carried. II. Public Hearings Item A - Jugal B and Manna J Shah (Sea Star Beach Resort) to reconsider conditions of approval related to the variance of 5 ft to allow zero landscape buffering from street right-of-way at 326 Hamden Dr, Columbia Sub No 3, Lots 3, 3A, 4, 4A, and part of Lots 2 and 2A, zoned CR 28 (Resort Commercial). V 92-47 Senior Planner Glatthorn stated the applicant is having difficulty in relocating and screening a dumpster on the subject property, which is one of the conditions of approval for the variances granted at the meeting of September 10, 1992. Discussion ensued in regard to locating the dumpster on the west side of the site. Questions were raised regarding whether or not to reconsider the request, as nothing had been submitted by the applicant for a reconsideration. Mr. Gans moved to not reconsider this item at this time due to there being no request from the applicant to do so and there is no reason to change the conditions established by the Board. The motion was duly seconded and carried unanimously. Item B - (continued from the meeting of 12/10/92) Beach Place Motel, Inc for a variance of three parking spaces to permit zero parking spaces where three are required at 301 S Gulfview Blvd, The Beach Place Motel, a Condo, zoned CR 28 (Resort Commercial). V 92-58 Senior Planner Glatthorn explained the application in detail stating the applicant wishes to convert part of a convered patio and one bedroom in the manager's apartment into a real estate office. On March 3, 1992, a conditional use was approved for a real estate office to be permitted on the subject property. Harry Cline, attorney representing the applicant, stated the applicant is requesting a variance of two parking spaces, not three, as originally stated. He said the owner/applicant is a registered real estate broker who wishes to use the facility as an office for his business, promoting the Florida West Coast in the European market. Mr. Cline indicated a code amendment regarding accessory uses changed the parking requirements for the area. He felt a hardship exists because two parking spaces on the site, in use for over ten years, do not meet the new requirements. Mr. Cline said the existing parking for the motel is adequate as annual occupancy is 60 to 70 percent and the majority of the customers do not drive, but arrive in a cab or limousine. He compared the proposal to other businesses in the area having mixed uses. He stated the request is not for financial gain as it will be an accessory use serving the patrons of the property. He distributed copies of publicity brochures designed to attract foreign visitors. K.M. Rolewski, owner and applicant, stated he purchased the property in 1981 and needs an office to effectively operate his business. Sid Bryant, representing the applicant, stated he has been associated with the subject property for over ten years and there has always been adequate parking for guests. He said the property is attractive, the proposed office will be aesthetically pleasing and will bring visitors to the area. He felt granting the parking variance would have no negative impact. In response to questions, Mr. Bryant stated the two parking spaces in question are parallel to the front of the office and are generally used by the manager. The spaces do not obstruct traffic and were thought to be legal. He stated guests, checking into the motel, park on the north side of the building. Discussion ensued regarding sign requirements for the property. Discussion ensued regarding the use of the two parking spaces. Mr. Cline stated the request is to legitimize the parking spaces. Concerns were expressed the two parking spaces do not meet code, are illegal and dangerous, are not striped and block the ingress/egress zone. In response to a question, Mr. Rolewski said there will be no employee parking on site. Concern was expressed the proposal is an overuse of the site and other businesses in the area meet the parking code. Based upon the information furnished by the applicant, Mr. Johnson 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 no unnecessary hardship was shown 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 carried unanimously. Request denied. Item C - (continued from the meeting of 12/10/92) Sun Bank of Tampa Bay for a variance of 7 parking spaces to allow 7 spaces where 14 are required at 2201 Belcher Rd, Sec 6-29-16, M&B 32.01, which includes a portion of vacated Pinellas Groves easement in Sec 1-29-15, zoned OL (Limited Office), subject to rezoning to CPD (Commercial Planned Development). V 92-61 Senior Planner Glatthorn stated this application was continued from December 10, 1992 to allow time to advertise an increase in the requested variance. This increase was recommended by the City Traffic Engineering Department to eliminate two parallel parking spaces near the pumping station for better traffic circulation. Ms. Glatthorn explained the application in detail stating the area is being rezoned to permit the construction of a service station and convenience store in an existing vacant bank building. She stated the code does not make allowance for parking spaces at fueling stations; however, a proposed code amendment is being reviewed that would give credit for this type of use. Trish Muscarella, attorney representing the applicant, stated this proposal has been reviewed and approved by the Pinellas Planning Council (PPC), the City's Design Review Committee (DRC), Planning and Zoning Board and City Commission. She stated the property is located at the southwest corner of Sunset Point Road and Belcher Road, within the scenic corridor. She said it is recommended this commercial/industrial area be deleted from the scenic corridor and be considered an enhancement corridor. The area will be landscaped and a utility and maintenance agreement with the County will be executed. Steve Henry, representing the applicant, explained the constraints in designing the site and reviewed the parking plan. He stated Sunset Point and Belcher Roads are scheduled to be widened within the next three years. He presented an aerial photograph of the intersection with a superimposed drawing of the proposed road widening, showing how the intersection will look. He explained how the widening will impact landscaping and right-of-way setbacks on the subject property. He said a sanitary sewer easement running through this site affects the layout and no additional access points are proposed for the lot. He presented artists' renderings of the proposed Shell Oil Station "Island Marketer", a 2,300 square-foot market and car wash. In response to questions, Mr. Henry stated they are planning to landscape the county-owned right-of-way and Shell Oil company intends to purchase the property from Sun Bank. He stated the oil company has approved and is committed to the use of this site for the stated purpose. Concern was expressed the limited ingress/egress for the site is a potential traffic hazard and the project would not be viable under these conditions. Ms. Muscarella stated the turning radius into the lot has been studied and approved by the Florida Department of Transportation (FDOT). She said the applicant will comply with code and avoid having additional access points which would increase traffic friction. It was indicated three similar projects were studied in terms of neighborhood conditions. Ms. Muscarella discussed staff's review of a code amendment to allow a 50 percent credit for parking at gas pumps. She felt the parking variance is justified because studies show approximately 75 percent of gas patrons leave their cars parked at the pumps while they walk into the market. It was indicated the project includes eight pumping station islands which would allow a credit of eight parking spaces under the proposed code amendment. Ms. Muscarella indicated the irregular shape, the sewer easement and upscale landscaping make this property unique, limit the use of the site and create hardships. She feels the variance is minimal, does not violate the spirit or intent of the Code and the project improves the scenic corridor. In response to questions, it was indicated there will be no indoor seating for eating and a 64-square-foot freestanding sign is allowed. Concern was expressed the proposed car wash would adversely affect the traffic circulation on the site. A suggestion was made to delay building the car wash and to put in parking pending adoption of a proposed code amendment allowing a parking credit. Based upon the information furnished by the applicant, Mr. Gans moved to deny the variance as requested because the applicants have not demonstrated they have met all of the standards for approval as listed in Section 137.012(d) of the Land Development Code because no unnecessary hardship was shown; the variance is not the minimum; the granting of the variance would substantially increase the congestion in the public streets and violate the general spirit and intent of this development code as expressed in Sections 135.005 and 135.006. The motion was duly seconded and upon the vote being taken, Messrs. Plisko, Gans and Johnson voted "aye"; Ms. Whitney voted "nay". Motion carried. Request denied. Item D - (continued from the meeting of 12/10/92) George E and Mary Jane Collins to permit a motor home to be parked within setback area from a street right-of-way at 1944 Ripon Dr, Fair Oaks 1st Add, Lot 23, zoned RS 8 (Single Family Residential). V 92-63 This item was continued to allow the applicant the opportunity to present his case before a full board. George Collins, the owner/applicant, explained he wishes to park his motor home in its present location on the west side of the property for maintenance and upkeep. He addressed the hardship related to his application, stating the motor home can be legally parked only on the east side; however, this would require the removal of a large jacaranda tree, ornamental shrubbery and a pool gate. Being on a corner lot, he is faced with a dual street setback. He stated parking on the west side is more aesthetically pleasing and would not obstruct any views as there is no abutting neighbor to the west. In response to questions, Mr. Collins stated there was no restriction on recreational vehicle parking when he purchased his property in 1977. He said he purchased the vehicle in 1988, uses it several times a month and no one sleeps in the vehicle while it is parked on the property. One letter from an adjacent property owner was submitted in support of the application. It was felt the motor home parked on the west side is not an eyesore because it is partially obscured by bushes. However, concern was expressed granting this variance violates the Code and could set an unwanted precedent. Based upon the information furnished by the applicant, Mr. Johnson 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 no unnecessary hardship was shown; any hardship was caused by the owner and the granting of the variance would violate the general spirit and intent of this development code as expressed in Sections 135.005 and 135.006. The motion was duly seconded and upon the vote being taken, Messrs. Gans and Johnson voted "aye"; Ms. Whitney and Mr. Plisko voted "nay". Due to a tie vote, this item was continued to the meeting of February 11, 1993. Item E - (continued from the meeting of 12/10/92) Ramchandra R and Rashmi Jakhotia (King Cole Motel) for a variance of 7 parking spaces to permit an additional 14 live-aboard vessels with zero additional parking spaces provided at 401 East Shore Dr, Barbour Morrow Sub, Blk C, Lot 14 and part of Lot 13, zoned CB (Beach Commercial) and AL/C (Aquatic Lands/Coastal). V 92-69 In accordance with a request from the applicant's representative, Mr. Whitney moved to continue this item to the meeting of February 11, 1993. The motion was duly seconded and carried unanimously. 1. Janusz and Roxana Nowicki (Gulf to Bay Pawn Inc) for a variance of 5 parking spaces to allow 18 spaces where 23 spaces are required at 2054 Gulf to Bay Blvd, Sec 13-29-15, M&B 13.06, zoned CG (General Commercial). V 93-01 Planner Ted Clarke explained the application in detail stating the applicant wishes to convert existing motel units to storage and retail uses. Staff feels this is an overuse of the site. The City Traffic Engineering Department expressed concern over the potential for future conversion of the storage area to retail. Roxana Nowicki, owner/applicant, reviewed the plans relating to the request. In response to a question, it was indicated the proposed storage area is associated with the existing pawn shop on the property. Discussion ensued regarding the history of what is existing, what is proposed for the site and previous variance applications. Ms. Nowicki stated a previous request (V 91-74, 12/12/91) for a variance of 26 parking spaces was denied. This request has been modified to 18 spaces. Questions were raised regarding how this plan differs from the previous one. The applicant was requested to provide additional background information relating to the conversion. Staff is to provide copies of site plans submitted with the previous applications. Mr. Johnson moved to continue this item to the meeting of January 28, 1993 for more information. The motion was duly seconded and carried unanimously. 2. Scott M Trefz (Gulf Bay Animal Hospital) for variances of (1) 6.25 ft to permit a building addition 3.75 ft from side property line where a 10 ft setback is required; (2) 7 ft to permit a building separation of 13 ft where 20 ft is required; and (3) 13 parking spaces to allow 15 spaces where 28 spaces are required at 125 S Belcher Rd, Sec 18-29-16, M&B 23.04, zoned CG (General Commercial). V 93-02 In accordance with a request from the applicant, Ms. Whitney moved to continue this item to the meeting of February 11, 1993. The motion was duly seconded and carried unanimously. 3. Searstown Partners Ltd (Food Lion at Searstown) for a variance of 257 parking spaces (including 1 handicap space) to allow 285 spaces where 542 spaces are required at 1219-1293 S Missouri Ave, F E Hanousek's Sub, part of Lots 11 and 12, zoned CC (Commercial Center). V 93-03 In accordance with a request from the applicant, Ms. Whitney moved to continue this item to the meeting of January 28, 1993. The motion was duly seconded and carried unanimously. III. Approval of Minutes of December 10, 1992 Ms. Whitney moved to approve the minutes of December 10, 1992, as corrected. The motion was duly seconded and carried unanimously. IV. Election of Chairman and Vice-Chairman This item was continued to the meeting of January 28, 1993. V. Board and Staff Discussion Concern was expressed regarding motor homes parking in front yard setbacks heights of public telephones in front yard setbacks and the outdoor seating at Gionnis Plaza. An update was requested with regard to a fence on the sidewalk on the north side of Drew Street, across from the old True School location. Staff will investigate. VI. Adjournment The meeting was adjourned at 3:37 p.m.