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03/28/1996DEVELOPMENT CODE ADJUSTMENT BOARD CITY OF CLEARWATER March 28, 1996 Present: William Schwob William Johnson Mark Jonnatti Vice Chair Board Member Board Member   Leslie Dougall-Sides John Richter Gwen Legters Assistant City Attorney Senior Planner Board Reporter  Absent: Otto Gans 5th Seat Vacant Chair   To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Vice Chair at 1:00 p.m. in City Hall, followed by the Invocation and Pledge of Allegiance. He outlined meeting procedures and the appeal process. He explained Board rules require an affirmative vote by at least three board members to grant any variance. He offered all applicants the opportunity to ask for a continuance in order for their requests to be heard by a full board. C. New Variance Requests C1. L.O.M., Inc. for variances of (1) 7 ft to permit a structural setback of 6 ft from a side (north) property line; (2) 1 ft to permit a structural setback of 15 ft from a rear property line; and (3) 3 percent to permit 22 percent of open space for the lot at 309 S Gulfview Blvd, Lloyd-White-Skinner, Lots 60, 61, 62, 108 and 109, together with part of Lot 107, zoned CR 28 (Resort Commercial). V 96-19 Mr. Richter presented background information and written staff recommendations. He stated the applicant wishes to redevelop the property with a 13,000 square foot retail complex consisting of two buildings. The applicants propose a two-story and a one-story building connected by an overhead walkway. He explained the proposal will improve the property by renewing the cohesiveness and orderliness of the lots. Improved stormwater retention and landscaping are proposed. Enhanced parking and egress, traffic circulation and safety will result from replacing existing back-out parking spaces with an approved parking lot. Staff felt conditions support the request and recommended approval with two standard conditions. Mr. Richter noted a discrepancy in the parking plan was brought to his attention immediately before the meeting. He said three parking spaces do not meet Traffic Engineering approval, but the applicants’ architect said the plan was drawn to the Traffic Engineer’s standards. In response to a question, Mr. Richter said open space appears to conform to code. Harry Cline, attorney representing the applicant, presented the request. In response to a question, he said he is aware an affirmative vote of all three members is required to obtain approval. He said the applicant is withdrawing variance #2, for a setback from the rear property line. He detailed the redevelopment, stating they wish to design aesthetically and architecturally pleasing structures, oriented toward the west to maximize the view of the water. He explained the proposed retail and restaurant uses. He stressed the proposal does not overbuild the site because less than half the allowed floor area ratio is utilized. He said water retention and parking will be brought up to code. Stephen Fowler, architect representing the applicant, responded to questions. He said he worked on the Tropical Seascape theme for Clearwater beach. He described an overhead walkway connecting the buildings, and development of onsite parking. This development will continue the ambiance and will be a nice improvement over what currently exists. A question was raised regarding meeting the open space by reducing proposed square footage. Mr. Fowler said this would be difficult due to site geometry and retail space needs. A question was raised regarding the shadow cast by two story building across the adjacent property to the north, in the winter, when the sun is lower. Mr. Fowler distributed copies of a plan showing where shadows would fall on the adjacent pool and deck in the afternoon. He did not feel the impact was significant. No one was present to speak in support of the request. Seven persons spoke in opposition to the request, as follows: 1) John McGuire spoke on behalf of Kaz Rolewski, owner of the Beach Place Motel to the north of the subject property. He expressed concerns the proposal does not meet the standards for approval, maximizes the property use, the overhead walkway is not needed, and the shadows cast and smells from the back of the proposed restaurant will have a negative impact on his property. 2) Kaz Rolewski confirmed that losing the sun from 50% of his pool deck during the winter season will adversely affect his property value and income. Mr. McGuire and Mr. Rolewski submitted photographs of Mr. Rolewski’s pool and deck and two drawings of the motel in relation to the proposed new building. 3) Sophia Ogrodny, owner of Falcon Apartment-Motel on Clearwater beach, submitted a brochure and photographs of her property illustrating the shadow cast across her pool by her own building, estimating 20 percent of her business is lost because of this shadow. 4) Julie Nichols, owner of Seafood & Sunsets at Julie’s, expressed concern the overhead walkway will be converted to additional restaurant seating. She objected to the minimal parking required because of the classification as a retail complex. She said a restaurant seating 300 to 400 diners will place additional strain on the difficult beach parking situation. 5) Antonio Markopoulos, owner of Day’s Inn, echoed Ms. Nichols concerns. 6) Dr. Kenneth Rosenow, a 20 year resident and property owner, gave a brief history of the properties in the area. He served on the Clearwater beach Blue Ribbon Task Force and strongly urged developers to conform to the Tropical Seascape design. 7) Evelyn Gibson stated she and her husband own a single family home at 320 Coronado Drive, next door to the subject property. She requested the requests be denied, stating guidelines for future building should be followed. She expressed concerns regarding losing her view of the water, the proposed retention and landscaping. She questioned what sort of wall or fence will divide her property from the proposal, expressing concern she did not want to have to look over the top of a six foot wall. Two letters were submitted in opposition to the application from: 1) Julie Nichols, owner of Seafood & Sunsets at Julie’s; and 2) the redevelopment committee of the Clearwater Chamber of Commerce for Chairperson Sheila Cole via John Doran. Mr. Cline responded to the opposition, stating they are not planning a fence to block Ms. Gibson’s view. The proposal will meet parking requirements, and they are not maximizing the site. An outdoor deck would require additional parking and is not planned. The overhead walkway is just an architectural treatment and will comply with the spirit and intent of the recommendations by the Clearwater beach Blue Ribbon Task Force. He noted they are providing open space in an area where very few of the neighbors are able to do so. He addressed the concerns regarding the shadow, stating the request is minimal, reasonable and appropriate for a commercial development. He felt the opposition was unfortunate and stated some of the opposers had formerly expressed their support. Discussion ensued regarding building height, setback, and open space requirements and alternatives. It was suggested to avoid the shadow across Mr. Rolewski’s property by mirroring the plan and placing the two story building on the south of the site. Mr. Fowler said the property is not symmetrical and the geometry of the site would not allow adequate traffic flow. He said the overhead walkway is nothing more than an architectural element to create synergy between the buildings. Patrons could not walk on top of the one story building and tables and chairs in the walkway would not meet fire code. While the developer was applauded for a wonderful redevelopment proposal, one member expressed continuing concerns with the open space variance. He felt reducing the square footage and obtaining a one space parking variance was preferable to losing open space. He felt concerns with the parking layout and traffic circulation still need to be addressed. Concerns regarding shading the adjacent motel property were shared among all the members. Mr. Cline requested a continuance to give the applicant time to meet the concerns expressed at today’s hearing. Member Johnson moved to continue Item C1 to the meeting of April 11, 1996. The motion was duly seconded and carried unanimously. C2. Florida Power Corporation for variances of (1) 60 ft to permit a structural height of 120 ft where 60 ft is allowed; (2) 43.33 ft to permit a structural setback of 16.67 ft from a property line where 60 ft is required; and (3) 13.92 ft to permit a structural setback 6.08 ft from a street right-of-way where 20 ft is required at 609 N. Greenwood Ave, New Country Club Addition, A portion of Blk "D", zoned IL (Limited Industrial.) V 96-20 In a letter dated March 18, 1996, M. Richard Noble withdrew this application on behalf of the applicant. No one was present to speak in support or opposition to the request. C3. Villas of Sunset Grove Homeowners Association for variances of (1) 2 ft to permit a wall height of 6 ft within the structural setback area from street right-of-way from which the property is not addressed where 4 ft is allowed; (2) 5 ft to permit a wall zero ft from a street right-of-way where 5 ft is required; and (3) the landscape buffer between the wall and street right-of-way to waive the requirement for shrubs along 50 percent of the length of the wall at 2001 through 2088 Sunset Grove Lane, Villas of Sunset Grove Common Area, Phase I, II, III, and IV, zoned RM 12 (Residential Multi-family.) V 96-21 Mr. Richter presented background information and written staff recommendations. He stated the applicant wish to reconstruct the portion of a wall alongside Hercules Avenue that was removed to improve the intersection of Hercules Avenue and Sunset Point Road. Staff felt conditions support the request and recommended approval with two standard conditions, plus a condition the landscaping waiver apply only to the section adjacent Hercules Avenue. Mr. Richter recommended approval of the setback variance only for the area adjacent to the north/south driveway. In response to a question, he explained the 50 percent landscaping buffer requirement. John Hodson, spokesman for the Sunset Grove Land Homeowners Association, presented their request. He read a prepared statement, indicating the six foot wall needs to be replaced for privacy, noise abatement and security. He noted six foot walls are common in the immediate community. Maintaining the same height as the remaining wall sections will allow for aesthetic uniformity. He noted meeting the required setback would require relocation of an existing access road and retention pond, causing undue financial hardship. Mr. Hodson submitted the following in support of the application: 1) a copy of his written statement; 2) a letter from the adjacent Sunset Grove Condominium Association signed by four of its officers; and 3) a petition signed by approximately 37 mobile home park residents. Discussion ensued regarding the wall plan in the area adjacent the access road. Mr. Richter indicated he would work with the applicants to address any difficulties and prepare a plan satisfactory to all concerned. Three persons spoke in support of the application. Arlene Burns and Elizabeth Langdon, association Secretary/Treasurer and President, respectively, provided clarification. Ms. Langdon said new electrical guy wires were recently installed by the power company. She indicated relocating the access road is restricted by the new guy wires. Joe Burns, park resident, expressed concern with the lengthy approval process. He questioned whether the State was required to go through the same process to build the new wall along State Road 580. He presented a photograph of said wall. Mr. Richter will investigate. Member Johnson moved to grant the variances as requested because the applicant has substantially met all of the standards for approval as listed in Section 45.24 of the Land Development Code, subject to the following conditions: 1) The variances are based on the application for a variance and documents submitted by the applicant, including maps, plans, surveys, and other documents submitted in support of the applicant's request for a variance. Deviation from any of the above documents submitted in support of the request for a variance regarding the work to be done with regard to the site or any physical structure located on the site, will result in this variance being null and of no effect; 2) The requisite building permit shall be obtained within one year; 3) Approval of setback and landscape variances is for the portion of the wall adjoining the driveway parallel to Hercules Avenue only; north of the driveway, the wall shall conform to setback and landscape code requirements; and 4) the new wall shall match the design of the existing wall and shall be the same elevation where it joins the existing wall along Sunset Point Road. The motion was duly seconded and carried unanimously. D. Land Development Code Amendments D1. Ordinance 5992-96 of the City of Clearwater, Florida, relating to the Land Development Code; amending Section 35.11, Code of Ordinances, to revise the Definitions for nursing home and residential shelter by increasing the density conversion from two beds to three beds per unit; amending Sec. 42.34 (6), Code of Ordinances, to change the parking requirement for nursing homes from the equivalent of one parking space per two beds to one parking space per three beds, to change the parking requirement for residential shelters from one parking space per six residents to one parking space per seven residents, and to change the parking requirement for group care facilities to one parking space per three occupants, including resident employees and supervisors; amending Sec. 40.545 (3), Code of Ordinances, relating to the use limitations for the Public/Semipublic zoning districts, to decrease density for nursing homes and residential shelters from 15 To 12.5 units per gross acre in accordance with the City's Land Use Plan and in conjunction with the Pinellas Planning Council's Countywide Rules For the Institutional Classification; providing an effective date. Mr. Richter presented background information and written staff recommendations. In response to a question, Mr. Richter said nursing home occupancy and parking calculations have been under study for several years. Member Johnson moved to recommend approval of Ordinance 5992-96 to the City Commission. The motion was duly seconded and carried unanimously. Minutes Approval -- March 14, 1996 Member Jonnatti moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously Board and Staff Comments -- Continued to April 11 1. Rules of Procedures and Policies At the last meeting Ms. Dougall-Sides distributed copies of the approved 1996 Rules of Procedure minus underlines and strikeouts. The footer and pagination updates were copied to the board today. Consensus was to wait for a full board for final approval and signature. 2. Board Procedures -- Pinellas County Board of Adjustment Member Gans had requested information on this item. Consensus was to continue the discussion until he could be present. It was indicated he was out due to illness and expects to attend the next meeting. Members wished him a speedy recovery. Mr. Richter asked for direction regarding a minor variances code amendment being drafted and discussion ensued. Consensus was that a minor variance should not be granted to increase an existing non-conformity. It was indicated Ms. Roberle Pratt has been appointed to fill the vacant seat and will attend the next meeting. Mr. Schwob was commended for doing a good job chairing the meeting. Adjournment The meeting adjourned at 2:55 p.m.