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03/27/1997DEVELOPMENT CODE ADJUSTMENT BOARD CITY OF CLEARWATER March 27, 1997 Present: Otto Gans Chair William Johnson Board Member Mark Jonnatti Board Member Ron Stuart Board Member Leslie Dougall-Sides Assistant City Attorney John Richter Senior Planner Gwen Legters Board Reporter Absent: William Schwob Vice Chair The meeting was called to order at 1:00 p.m. in Harborview Center Meeting Room #1, followed by the meeting procedures and the appeal process. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. C. New Variance Requests C1. Bayview Baptist of Clearwater, Inc. for a setback variance of 13 ft to allow a building 22 ft from the Bay St right-of-way where a minimum setback of 35 ft is required at 201 Meadow Lark Lane, Bayview City Sub, Blk 2, Lots 6-8, and Blk 3, Lots 1-8 together with vacated alley and vacated portion of Kentucky Avenue, zoned P/SP (Public/Semi-Public.) VR 97-23 Mr. Richter presented background information and written staff recommendations, stating the applicant wishes to construct a new building 22 feet from the Bay Street right-of-way where a 35 foot setback is required. A variance was granted on October 10, 1996, to locate the building 13 feet from the right-of-way. The applicant now proposes to turn the building 90 degrees and move it approximately 100 feet to the north, 9 feet farther from the right-of-way than was previously proposed. Staff felt circumstances support the request and recommended approval with four conditions. It was indicated the required certificate of occupancy has been obtained and the previous condition removed from staff’s recommendations. Rev. Walter Campbell, the applicant, stated it is necessary to move the building because water draining into the stormwater retention would flow under the building in the previous location. The new location will not interfere with drainage or harm any trees. The church has obtained the certificate of occupancy, and will abide by all City requirements and conditions of approval. In response to questions, Rev. Campbell said the price of the proposed steeple is being negotiated at $4,000 to $6,000. He plans to enhance the building’s entryway with stucco or imitation brick. He hoped to proceed within six months. He said the required 14 trees and 300 shrubs have been planted and approved. One member reminded Rev. Campbell of his promise to enhance the appearance of the property to make it look more like a church. No verbal or written support or opposition was expressed at today’s meeting. Mr. Richter said one man who had spoken in opposition at the previous hearing, telephoned the Central Permitting office to express concerns regarding the appearance of a temporary building, the appropriateness of a church use in a residential neighborhood, and the small size of the trees and shrubs. Member Johnson moved to grant the variance 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) This variance is 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(s) shall be obtained within one year from the date of this public hearing; 3) Shrubs shall be planted around the foundation of this building to minimize its temporary appearance; the applicant shall work with the City’s Environmental Official to identify suitable plant materials for this purpose; and 4) This variance is granted with the understand that the building is a temporary building and the variance will continue for a time period not to exceed either the life of the structure, or termination of the use of the building for church purposes, whichever occurs first. The motion was duly seconded and carried unanimously. C2. Barnett Bank, Inc. for the following variances: (1) a permanently surfaced parking space variance of 2 parking spaces to allow 39 parking spaces where 37 parking spaces are allowed; and (2) a height variance of 3.5 ft to allow a fence 6 ft high within the setback area from the Missouri Ave right-of-way where a maximum height of 2.5 ft is required at 1610 South Missouri Ave., Bellegreen Place, Lot 1, zoned CG (General Commercial.) VR 97-24 Mr. Richter presented background information and written staff recommendations, stating the applicant wishes to provide additional parking to serve the bank’s customers. He detailed existing parking lot conditions, explaining how the lot will be reconfigured to eliminate an unneeded retention pond and the associated fence. Staff felt conditions support the request and recommended approval with three conditions. In response to questions, Mr. Richter said the City Environmental Official has determined the retention is not needed for drainage, because a master drain plan exists for the immediate area. John Steinway, with the engineering firm representing the applicant, explained this application seeks to correct problems that were caused by an out of town firm’s site design. That firm had, apparently, not been experienced in the specialties of designing a bank site. He said the pond is an eyesore, drainage calculations indicate it is not necessary, and Engineering has approved its removal. The parking plan was poorly designed and should be corrected to take into account the more intensive parking needs of a small bank branch, to avoid overflow into surrounding parking lots. He did not know why the fence had been built around the retention without permits. He reiterated the fence will be removed as soon as the required SWFWMD permits are obtained to fill the pond. The fence needs to remain until the retention is filled, to satisfy insurance requirements. No verbal or written support or opposition was expressed. One board member affirmed he has observed the need for additional parking at this branch. One member noted the board has allowed manufacturing uses to reduce their number of required parking spaces, based on their employee calculations. It seemed reasonable to assume that a business that requires more spaces should be permitted to have them, if possible. One member noted directional signs are needed in the parking lot for traffic safety. Mr. Steinway noted the suggestion. Member Johnson moved to grant the variance 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) This variance is 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(s) shall be obtained within one year from the date of this public hearing; and 3) The height variance for the fence is temporary. Within two weeks after the retention pond is filled, which shall be no longer than one year from the date of this public hearing, the fence enclosing the pond shall be removed. The motion was duly seconded and carried unanimously. Minutes Approval -- March 13, 1997 Member Jonnatti expressed concern the applicant’s representatives had given inaccurate testimony in case VR 97-21, Carlouel Yacht Club. Mr. Jonnatti did not wish to change the minutes, but desired to correct two statements made during the previous meeting, for the record. 1) Counsel had indicated variances had been granted for the house across the street. Staff had researched City records, at Mr. Jonnatti’s request, and determined the only variance requested for the house across the street was for the fence. 2) Mr. Jonnatti had declared a conflict of interest based on a comment by the general manager that Mr. Jonnatti’s firm had been engaged in the development of a dumpster screen for the yacht club property. Mr. Jonnatti said that statement was not true; his partner was working on a landscape gate to the north and was not involved with the yacht club in any way. Member Gans questioned whether Mr. Jonatti’s abstention had changed the balance of the vote. Member Johnson 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 Ms. Dougall-Sides reported the appeal of the side setback variances granted to Ken Marks at 906 Druid Road South, (VR 96-82; 12/12/96) has been scheduled for tomorrow, March 28, 9:30 a.m., in the Adler Room of the Main Library. She and Mr. Richter will represent the board. She reported no date has been set for the appeal of the board’s decision to deny a setback variance for Britt’s Café at 201 Gulfview Boulevard (VR 9712; 2/13/97.) A Hearing Officer has been assigned and the parties have filed their preliminary statements. The board offered whatever assistance Ms. Dougall-Sides required. Member Gans read from minutes of a March 12 Chamber of Commerce meeting where Central Permitting Director Scott Shuford spoke regarding the Land Development Code revision. Mr. Gans reiterated a concern expressed in the minutes, that consolidation of City advisory boards into one oversight board may be taxing for the oversight board. He hoped Mr. Shuford will address City advisory boards to clarify this issue soon. He continued reading from minutes regarding consolidation of boards, temporary signage for special events and focus group activities. General discussion ensued. Board members favored streamlining the code and allowing staff to have a larger role in the approval process. The importance of counterbalancing staff and board authority was emphasized, and it was felt the City advisory boards provide excellent results. Mr. Richter reported Urban Forester Alan Mayberry has inspected landscaping treatments along the fences at 1529 and 1539 South Fredrica Avenue, for which setback variances were recently granted. (VR 9768 Ladd & VR 9775 Barry; 1/9/97.) Mr. Mayberry found the rose bushes to be beautiful and extraordinary. Adjournment The meeting adjourned at 1:49 p.m.