04/24/1997DEVELOPMENT CODE ADJUSTMENT BOARD
CITY OF CLEARWATER
April 24, 1997
Present:
Otto Gans
William Schwob
William Johnson
Ron Stuart
Chair
Vice Chair
Board Member
Board Member
Leslie Dougall-Sides
John Richter
Gwen Legters
Assistant City Attorney
Senior Planner
Board Reporter
Absent:
Mark Jonnatti
Board Member
The meeting was called to order at 1:00 p.m. in City Hall, 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. Thomas Terry, Jr. for the following variances: (1) a front yard open space variance of 30 percent to allow 20 percent where a minimum of 50 percent is required; and (2) a permanently
surfaced parking space variance of 7 parking spaces to allow 67 parking spaces where the maximum of 60 parking spaces is allowed at 18627 US 19 N., Sec 20-29-16, M&B 33.01, zoned CH
(Highway Commercial). V 97-28
Mr. Richter presented background information and written staff recommendations, stating the applicant wishes to redevelop the subject property with a new Steak and Shake restaurant.
The existing unoccupied building on the site will be demolished. He detailed the existing and proposed site development, zoning classification, front yard open space and landscaping
requirements, and maximum number of paved parking spaces allowed by code. Staff felt conditions support the request and recommended approval with two standard conditions.
Carl Woods, representing Steak ‘N Shake, Inc., concurred with staff’s analysis of the proposal. In response to questions, he confirmed the existing building will be demolished and
replaced with the new restaurant. The restaurant will operate 24 hours a day, and no alcoholic beverages will be served.
No verbal or written support or opposition was expressed.
Member Schwob 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 variance application and documents submitted by the applicant, including maps, plans, surveys, and other
documents submitted in support of the applicant's variance request. Deviation from any of the above documents submitted in support of the variance request 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. The motion was duly seconded and carried unanimously.
C2. Philip Halchuk (Clearwater Children Center) for a front yard open space variance of 27.2 percent to allow 27.8 percent where a minimum of 55 percent is required at 802 Turner St,
Magnolia Park, Blk 17, Lots 14, 15, & part of Lot 16 less road right-of-way, zoned OL (Limited Office). V 97-29
This item was moved to the end of the agenda to allow time for the applicant or representative to arrive. When the applicant had not arrived at the conclusion of business, staff was
requested to telephone the applicant to determine whether he intends to proceed with the request. The meeting was recessed from 1:25 to 1:32 to allow time for the call. When the meeting
reconvened, Mr. Richter reported the applicant’s wife had said he had been called away on a family emergency, but wished to pursue the request, and a continuance was acceptable. While
it was indicated the item could be heard in the applicant’s absence, some members were reluctant to proceed in this manner and preferred the continuance.
Member Schwob moved to continue Item C2, VR 97-29, to the meeting of May 8, 1997. The motion was duly seconded and carried unanimously.
Minutes Approval – April 10, 1997
Member Schwob 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 Mr. Shuford will attend an upcoming meeting to update the board to and answer questions regarding the Land Development Code rewrite. In response to questions,
she reported the Britt’s Café appeal was heard last Wednesday and a decision is expected within 45 days. A hearing officer has been assigned in the appeal of the Carlouel Yacht Club
decision, but no hearing date has been set.
Mr. Gans questioned whether anyone had contacted the applicant’s representative regarding access to the Dushas property in case VR 97 26, continued from the last meeting. Mr. Richter
responded his office has received a request to continue that item to May 22. He will make arrangements for the board to view the property before the hearing date. He reported of the
six items scheduled for the May 8 agenda, two are being continued.
Mr. Gans requested for the board to be provided with a pitcher of water at future meetings. He expressed strong concern with the air conditioner noise and excessively cold temperature
in chambers. He stated such conditions would endanger the health of anyone attending a lengthy meeting. When he reported the problem to the City Manager’s office, he was told the problem
would be reported to Building and Maintenance.
Adjournment
The meeting adjourned at 1:35 p.m.
Chair
Development Code Adjustment Board
Attest:
Board Reporter