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12/11/1997DEVELOPMENT CODE ADJUSTMENT BOARD CITY OF CLEARWATER December 11, 1997 Present: Otto Gans Chair William Schwob Vice 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 The meeting was called to order at 1:00 p.m. in City Hall, followed by the Invocation, Pledge of Allegiance, meeting procedures and explanation of the appeal process. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. A. Time Extension Requests A1. John Hancock Mutual Life Insurance Co. (Winn Dixie) for the following variances: (1) a parking space variance of 84 spaces to allow expansion of a shopping center where 69 new spaces are required and no new spaces are provided, and 15 existing spaces are displaced; and (2) an open space variance for the lot of 9.3 percent to allow expansion of a shopping center where 0.3 percent of the required open space for the lot is displace at 2514 McMullen-Booth Rd, Sec 28-28-16, M&B 33.02, zoned CC (Commercial Center) & OL (Limited Office.) VR 97-04 In a letter dated November 25, 1997, the applicants’ attorney requested a six month time extension to allow time for the interested parties to close their transactions, and for the new owner to submit the permit request. Member Johnson moved to grant a six month time extension to July 9, 1998. The motion was duly seconded and carried unanimously. B. Continued Variance Requests B1. (cont. from 11/13/97) Daniel & Annette Macre (Macre Construction) for the following variances (1) a height variance of 120 ft to allow a telecommunication tower 180 ft height where 60 ft is the maximum height; (2) a setback variance of 80 ft to allow a telecommunication tower 10 ft from the south side property line where a minimum setback of 90 ft is required; (3) a setback variance of 82.5 ft to allow a telecommunication tower 7.5 ft from the east side property line where a minimum setback of 90 ft is required; and (4) a setback variance of 82.5 ft to allow a telecommunication tower 7.5 ft from the west side property line where a minimum setback of 90 ft is required at 1231 N Hercules Ave, Sec 12-29-15, M&B 13.06, zoned IL (Limited Industrial). V 9775 Mr. Richter presented background information and written staff recommendations, stating this item was continued from the previous meeting due to aesthetic concerns regarding a proposed threelegged tower. The applicant has amended the design to a monopole tower, and provided drawings at the board’s request. The applicant has consented to reducing the proposed height as recommended by the City, due to aircraft safety concerns at this location near the Clearwater Airpark. Staff felt conditions support the request and recommended approval with six standard conditions. Lee Barnard, tower contractor representing the applicant, stated the three-legged tower design was replaced by a monopole placed further toward the back of the property. The applicant will meet the City recommendation to ensure the tower does not exceed 221 feet above mean sea level. A survey will determine the elevation difference between the airport and the subject property. He felt it likely the finished tower will be 150 feet tall and capable of holding equipment for three to four major telecommunication carriers. As this figure was estimated using computer software, it is not known whether the applicant will sacrifice capability by changing to a monopole structure. In response to questions, Mr. Barnard was willing to state in writing the applicant’s intention to pursue co-location of other telecommunication carriers’ equipment. Currently the applicant has commitments from PrimeCo and Sprint, in addition to his existing two-way radio setup. He noted three shaped on the drawing are attachment hardware. All wiring will be contained within conduit running through the center of the tower. No verbal or written support or opposition was expressed. Member Schwob moved to grant the variances as requested subject to staff’s recommended six conditions. The motion was duly seconded. Amendments were requested to ensure precise tower height and the applicant’s intention to pursue co-location are documented for the record. Discussion ensued regarding comparative elevations, and the code requirement that the finished tower height at the subject location not exceed 150 feet above the airpark elevation. Member Schwob withdrew the motion. The seconder concurred. Member Schwob moved to grant the variance as requested because the applicant has substantially met all 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; 3) The submitted permit drawing will indicate the precise tower height, which shall not exceed a height of 221 feet above mean sea level; 4) The tower shall be a monopole tower; 5) There shall be no microwave antennas affixed to the tower; 6) The existing tower shall be removed within 60 days after City approval of the final inspection for the new tower; and 7) A letter shall be submitted to the City indicating the tower is available for co-location by other telecommunication carriers. The motion was duly seconded and carried unanimously. Assistant City Attorney Dougall-Sides was requested to prepare and submit the board’s final order in writing for the Chair’s signature. Consensus was board adoption was not necessary. B2. (cont. from 11/13/97) Helen A. & Paul A. & Mary H. Gelep for the following variances (1) a parking variance of 1 space to allow zero spaces where 1 space is required; (2) a building coverage variance of 10 percent to allow 85 percent where a maximum of 75 percent is required; and (3) an open space variance of 5 percent to allow zero percent where a minimum of 5 percent is required at 30/32 Papaya St. & 442/444 Mandalay Ave., Clearwater Beach Park, Lots 80-85, zoned CB (Beach Commercial). V 97-74 In a letter dated December 8, 1997, the applicant’s architect requested continuance to allow time for the owners to finalize negotiations concerning tenant requirements. No verbal or written support or opposition was expressed. Member Schwob moved to continue Item B2 to the meeting of January 8, 1998. The motion was duly seconded and carried unanimously. B3. (cont. from 11/13/97) Betty Jones/Joyce Silver/St. Matthew’s First Missionary Baptist Church for the following variances (1) a parking variance to allow up to 52 required parking spaces on a non-adjacent site (proposed address 807 North Myrtle Avenue, Morton Plant Mease Healthcare Family Practice Center); and (2) an open space variance for the lot of thirteen percent to allow 22 percent where a minimum of 35 percent is required at 710 N. Myrtle Ave., R.H. Padgett’s Sub, Blk 1, Lots 5 & 6, Blk 2, Lots 1, 2 and part of Lot 3 together with part of proposed vacated Alden Ave., zoned RS 8 (Residential Single Family). V 97-76 Mr. Richter presented background information and written staff recommendations, stating this item was continued from the previous meeting at the applicants’ request. Morton Plant Hospital proposes to use the property as a parking lot to serve a new medical office building located diagonally across Myrtle Avenue. Mr. Richter stated detailed parking calculations, stating a new parking lot plan has been submitted, negating the need for the open space variance. Staff felt the economic and health care benefits to the neighborhood from the facility outweigh the safety concerns with locating a parking lot across an arterial street. Staff felt conditions support the request and recommended approval with four conditions. Mark Marquardt, attorney representing the applicant, withdrew the open space variance request, for the record. He stated employee parking is needed to accomplish placing the hospital’s family practice program and University of South Florida/Morton Plant Medical School resident housing facility in the area. The facility will help meet economic development and health care needs of the neighborhood’s residents. In response to questions, it was indicated employee handicapped parking spaces will be provided on the facility site. Mr. Marquardt indicated Morton Plant works with the State and charity organizations to provide health certain care services at low or no cost to help low to moderate income citizens in the area. Discussion ensued regarding one member’s concern that the parking lot property could be sold in the future, leaving the medical facility with inadequate parking area. Mr. Marquardt responded the applicant agrees to a Unity of Title for the two properties.. One member supported the request because the lots are small, and development needs must be reevaluated as an area changes. 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 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; 3) The off-site parking lot shall be limited to 45 spaces; and 4) The open space variance shall be null and void. The motion was duly seconded and carried unanimously. C. New Variance Requests C1. Judy Lee Colteryahn for a height variance of 2 ft to allow a wood fence 6 ft high within the setback area from the Maximo Avenue right-of-way where a maximum height of 4 ft is required at 3275 San Bernadino St., Del Oro Groves, Lots 476, 477, 478, and part of Lot 475, zoned RS 4 (Single Family Residential). V 97-77 Mr. Richter presented background information and written staff recommendations, stating the applicant proposes to enclose an existing screened swimming pool area to the rear of the single family home. Staff felt conditions support the request and recommended approval with three conditions. Judy Colteryahn, the owner/applicant, stated the fence is needed for safety, aesthetics, and to protect neighborhood children. It will match a fence located on property across the street. No verbal or written support or opposition was expressed. Member Jonnatti moved to grant the variance as requested because the applicant has substantially met all 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; and 3) The property owner shall within 30 days after installation of the fence, plant a landscape buffer on the outside of the fence parallel to the Maximo Ave. right-of-way. The buffer shall consist of shrubs at least 18 inches in height at the time of planting. The plants shall form a continuous, solid screen at maturity. Prior to installation, a landscape plan shall be submitted to the City’s Environmental Official and shall be subject to approval by the Official. Failure to maintain the buffer in a healthy condition shall void the variances. The motion was duly seconded and carried unanimously. City Manager Michael Roberto addressed the board regarding direction of future development in the community. Highlights are reflected in Board and Staff Discussion, below. The meeting recessed from 1:58 to 2:09 p.m. to allow time for public discussion with Mr. Roberto. C2. Thomas C. & Kathleen M. Sherman for a setback variance of 13.5 ft to allow a building fascia 1.5 ft from the Gardenia Street right-of-way where a minimum setback of 15 ft is required at 850 Eldorado Ave., Mandalay Sub, Blk 7, Lot 1 and riparian rights, zoned RS 8 (Single Family Residential). V 97-78 Mr. Richter presented background information and written staff recommendations, stating the applicant proposes a mansard overhang around an open deck at the southwest corner of the single family home. The mansard will enhance the home by providing architectural detail. Staff felt conditions support the request and recommended approval with two standard conditions. In response to a question, it was indicated the proposal will increase an existing nonconformity to a minor extent. Code requirements for self-supporting overhang projections into the right-of-way were discussed. Thomas Sherman, the owner/applicant, wishes to continue an existing mansard, wrapping around the side of the house facing the public beach access adjacent to the home. The proposal will not impact anyone’s privacy or home. The overhang will protect an existing hurricane shutter, help shield the south side of the home from the harsh elements, and complete a decorative design feature. He submitted a photograph of the existing mansard and the area in which the proposal will extend. No verbal or written support or opposition was expressed. Member Johnson moved to grant the variance as requested because the applicant has substantially met all 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; and 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. C3. Ronald J. & Mireille Pollack for the following variances (1) a setback variance of 5.5 ft to allow a second floor room addition 9.5 ft from the South side property line where a minimum setback of 15 ft is required; and (2) a height variance of 5.5 ft to allow an addition 35.5 ft (average height of the surrounding buildings) where a maximum height of 30 ft is required at 1104 Druid Rd. S., Harbor Oaks, Lot M, zoned RS 2 (Single Family Residential). V 97-79 Mr. Richter presented background information and written staff recommendations, stating the applicants wish to construct a second story addition to their single family home, enlarging the basement and first floor to take fuller advantage of the large waterfront lot. He detailed setback and building height requirements. A study by a planning consultant shows the proposed height is consistent with other homes in the vicinity. Staff felt conditions support the request and recommended approval with two standard conditions. In response to a question, Mr. Richter said the RS (single family residential) zoning does not allow more than one family dwelling unit on the property. Because variance approval is tied to documents submitted with the application, one member felt it would be in the applicants’ best interest to dimension their drawings or submit a survey, showing the additions in relation to each other, the existing home, and the property lines. Ronald Pollack, the owner/applicant, clarified the additions and the second floor plan will align with the existing first floor wall. The two story plan, moderately sloped roof, and building height are consistent with others in the neighborhood. The proposal will expand the basement laundry and guest rooms and expand the first floor slightly to accommodate the second floor addition to make more room for the growing family. No verbal or written support or opposition was expressed. One member noted the proposal does not increase the existing non-conformity, and it make good structural sense to align the first and second floor walls. The variances are justified due to the special circumstances of the varying lot elevations. Member Johnson moved to grant the variance as requested because the applicant has substantially met all 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; and 3) The additions shall align with the existing house walls on the south side. The motion was duly seconded and carried unanimously. C4. Jerry W. & Maureen E. Dilcher for the following variances (1) a setback variance of 4.1 ft to allow a screen room 10.9 ft from the rear property line where a minimum setback of 15 ft is required; and (2) an open space variance for the lot of 1.3 percent to allow 43.7 percent where a minimum of 45 percent is required at 3138 Sandy Ridge Dr., Countryside Tract 55, Unit 1, Lot 11, zoned RS 6 (Single Family Residential). V 97-80 Mr. Richter presented background information and written staff recommendations, stating the applicants propose to construct a new screen room extending from the rear of the single family home alongside the existing pool enclosure. He related setback and open space requirements. Staff felt conditions support the request and recommended approval with two standard conditions. Jerry Dilcher, the owner/applicant wishes to enlarge the screen enclosure to accommodate a hot tub needed for medical reasons, and facilitate his orchid growing hobby. 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 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; and 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. C5. Charles H. & Beverly Scarbrough for the following variances (1) a structural setback variance of 15 ft to allow a carport 10 ft from the Howard Street right-of-way where a minimum setback of 25 ft is required; and (2) a setback variance of 0.42 ft to allow a carport 4.58 ft from the east side property line where a minimum setback of 5 ft is required at 1132 Howard St., Carolina Terrace Annex, Lot 13, zoned RS 8 (Single Family Residential). V 97-81 Mr. Richter presented background information and written staff recommendations, stating the applicant has constructed a new aluminum prefabricated carport that is non-conforming to setback requirements. Many homes in the area were platted in 1925 and do not comply with current setback requirements. The addition is consistent with the neighborhood and appears to roughly align with the existing carport. Staff felt conditions support the request and recommended approval with two conditions. Charles Scarbrough, the owner/applicant, authorized Rick Massey as representative Mr. Massey said the carport was built to protect the home from the environment. He said drawings were approved October 16, the structure is portable and is bolted to a concrete slab, not attached to the home. He submitted two photographs showing the carport in relation to the home and the adjacent property. In response to a question, he said a contractor built the carport about 12 months ago. It was indicated the Central Permitting Department issued a stop work order on October 16, 1997 for construction without inspections or building permit. Board members reiterated a standing concern that property owners are charged a triple permit fee for unpermitted construction, when contractors who are presumably more familiar with the building code should be held responsible. Ms. Dougall-Sides noted staff forwards documentation of unpermitted work to the County licensing boards for review of the such situations. No verbal or written support or opposition was expressed. Member Jonnatti moved to grant the variance as requested because the applicant has substantially met all 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; and 2) The requisite building permit(s) shall be obtained within 30 days from the date of this public hearing. The motion was duly seconded and carried unanimously. C6. R. Nathan & Margaret Day Hightower for a rear setback variance of 12.5 ft to permit a garage 2.5 ft from a rear property line where a 15 ft setback is required at 301 Druid Rd. W., Harbor Oaks, Lots 30 and 32, zoned RS 6 (Single Family Residential). V 97-82 Mr. Richter presented background information and written staff recommendations, stating the applicants wish to replace an existing carport with a new garage of the same size and footprint. He related setback requirements, stating staff felt conditions support the request and recommended approval with two standard conditions. Nathan Hightower, an owner/applicant, stated a wall to the south in the existing carport will align with the rear of the new garage. The old structure needs replacement due to its poor condition. No verbal or written support or opposition was expressed. A board member complimented the applicants’ landscaping. Member Johnson moved to grant the variance as requested because the applicant has substantially met all 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; and 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. C7. Gary H. & Mary L. Dworkin a structural setback variance of 3 ft to allow a pool screen enclosure 4 ft from the rear (South) property line where a minimum setback of 7 ft is required at 415 Magnolia Dr., Harbor Oaks, part of Lots 78 & 80, zoned RS 6 (Single Family Residential). V 97-83 Mr. Richter presented background information and written staff recommendations, stating the applicants wish to construct a water feature to the rear of their single family home, surrounded by a screen enclosure. The enclosure will align with an existing pool house along the rear property line. He related setback requirements, stating staff felt conditions support the request and recommended approval with two standard conditions. Alex Plisko, architect representing the applicant, submitted a letter of authorization. He related the history of variances for the site, stating the enclosure is needed to protect the applicants’ fish from raccoons in the neighborhood. The back of the house is being painted dark green to blend with the neighbor’s landscaping to the rear. The applicant owns one adjacent lot; and owners of the two remaining properties have no objections. 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 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; and 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. C8. Kenneth D. & Ann T. Schild a structural setback variance of 2.5 ft to allow a shed 2.5 ft from the rear (South) property line where a minimum setback of 10 ft is required at 1753 Greenlea Dr., Sunset Lake Manor, Lot 83, zoned RS 8 (Single Family Residential). V 97-84 Mr. Richter presented background information and written staff recommendations, stating the applicants have placed a shed in the rear yard within the rear setback. A large tree restricts placement of the shed farther from the rear property line. He related setback requirements, stating staff felt conditions support the request and recommended approval with two conditions. Ann Schild, an owner/applicant, stated the shed is almost imperative for storage. Moving their pool equipment out of the garage will create off street parking for one of their four cars. In response to questions, Ms. Schild said a boat parked in front of the house is 16 feet long. No verbal or written support or opposition was expressed. Member Jonnatti moved to grant the variance as requested because the applicant has substantially met all 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; and 2) The requisite building permit(s) shall be obtained within 30 days from the date of this public hearing. The motion was duly seconded and carried unanimously. C9. The Kimberly Home, Inc. for the following variances (1) a setback variance of 22.5 ft to allow a second story addition 2.8 ft from the NE Cleveland Street right-of-way where a minimum setback of 25 ft is required; (2) a setback variance of 5.8 ft to allow a second story addition 4.2 ft from the Westerly side property line where a minimum setback of 10 ft is required; and (3) a parking variance of 7 spaces to allow zero spaces where 7 spaces are required at 1189 NE Cleveland St., Bassadena, Blk D, Lots 4, 5, and 6, zoned OL (Limited Office). V 97-85 Mr. Richter presented background information and written staff recommendations, stating the applicant proposes a second story addition to the existing office building used as a crisis pregnancy counseling center. The addition will align vertically with the first story. He related setback and parking requirements, stating the applicant leases adjoining City-owned land for supplemental parking. Staff felt conditions support the request and recommended approval with two standard conditions. Patti Stough, architect representing the applicant, corrected the non-profit organization’s name for the record. The applicant needs additional space and the leaking roof needs replacement. It is believed the building was designed for a second story. Offices will be moved upstairs to allow for ground floor storage and safer access to donated baby furniture. The second story will be stepped back from the most visible traffic area. An elevation drawing of the proposal and a photograph of the existing building were submitted. The proposal will enhance the property and surroundings. Kit Kelly, facility director, stated in response to a question that parking in the unpaved City lot is not a problem during heavy rain. Discussion ensued regarding whether the lot is legal for parking. No verbal or written support or opposition was expressed. One member found it interesting such wide setbacks are required in this commercial area. It was felt the proposal is good for the applicant, the City, and is consistent with surroundings. Discussion ensued regarding previous uses of the former rental property. Member Johnson moved to grant the variance as requested because the applicant has substantially met all 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; and 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. C10. Addcam II (The Hampton Inn/Howard Johnson’s) a setback variance of 20 ft to allow a canopy/drop-off/pick-up area 155 ft from the centerline of U.S. 19 North where a minimum setback of 175 ft is required at 21030 U.S. 19 North, Sec 18-29-16, M&B 14.01, zoned CH (Highway Commercial). V 97-86 Mr. Richter presented background information and written staff recommendations, stating the applicant proposes to construct a porte cochere (canopy) at the main entrance to an existing motel undergoing major renovation. The proposal will replace an old structure in a different location on site. Staff felt conditions support the request and recommended approval with two standard conditions. In response to a question, Mr. Richter stated the setback is measured from the centerline of US Highway 19. Patti Stough, architect representing the applicant, stated the proposal will not adversely affect the property or surroundings. She displayed colored conceptual renderings, photographs of the existing building showing the old porte cochere to be removed, a floor plan and list of hotel amenities. The applicant hopes for a March opening. 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; and 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. C11. Ruth Ceraolo a parking variance of 5 spaces to allow 9 spaces where 14 spaces are required at 1359 S. Ft. Harrison Ave., Belleair, Blk 15, Lots 10 and 11, zoned IL (Limited Industrial). V 97-87 Mr. Richter presented background information and written staff recommendations, stating the applicant proposes a 672 square foot fast food restaurant near the Pinellas Trail. He related parking requirements, stating a fast vehicle turnover rate is expected due to the extremely limited seating area. Staff felt conditions support the request and recommended approval with three conditions. Michael Baldridge, representing the applicant, stated his restaurant will offer take-out service similar to an old fashioned Dairy Queen with no indoor seating. Adding outdoor picnic tables for trail users will increase the parking requirement from nine to fourteen spaces. He stated in response to questions the menu will consist of hamburgers, rotisserie chicken, soft drinks, ice cream, etc. The name and hours of operation have not been decided. No verbal or written support or opposition was expressed. It was felt the proposal will work well along the trail. Mr. Baldridge was cautioned to beware of customers creating a litter problem. 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 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; and 3) The dumpster shall be located to make it accessible to solid waste collection vehicles. The motion was duly seconded and carried unanimously. C12. Pete and Shorty’s of Clearwater, Inc. for variances of (1) a lot width variance of 18.16 ft to allow a width of 81.84 ft where a minimum 100 ft is required; (2) a setback variance of 7.83 ft to allow placement of a new roof and support column 17.17 ft from the David Avenue right-of-way where a minimum setback of 25 ft is required; (3) a height variance of 4 ft to allow a new 8 ft high fence within the setback area from the David Avenue right-of-way where a maximum height of 4 ft is permitted; and (4) a height variance of 2 ft to allow a new 8 ft high fence where a maximum height of 6 ft is permitted at 2820 Gulf to Bay Blvd, Gulf to Bay Gardens, Lots 1, 2, and 3, zoned CG (General Commercial). V 97-88 Member Jonnatti declared a conflict of interest with regard to this case. He remained available to answer questions. Mr. Richter presented background information and written staff recommendations, stating the applicant proposes to construct a roof over and a fence around a service area as part of a current restaurant remodeling project. He related lot width, setbacks, and fence height requirements. Staff felt conditions support the request and recommended approval with four conditions. In response to questions, the area is located west of the existing building along David Avenue. While additional landscaping is not required, it was felt to be desirable and not unreasonable, in view of the City’s Gulf-to-Bay Boulevard beautification efforts. Lee Ufilton, Pete and Shorty’s president, stated the property was purchased in August, 1997. A major rehabilitation is underway to make a positive statement along the City’s entryway corridor. He owns and manages several other restaurants. The covered and fenced service area will provide a sanitary and secure staging area for garbage until it is taken to the dumpster at the end of the night. He wants an aesthetic appearance because patrons will park behind the building. He indicated a hedge along Gulf-to-Bay Boulevard is desirable for noise buffering and ambiance. Neighbors are happy with his extensive cleanup of the hedgerow along David Avenue. He described the building’s exterior appearance and submitted copies of the proposed menu. General discussion ensued regarding the building renovation and business operation. Under contract to Hooters management, the restaurant will offer Midwestern US cuisine and atmosphere. Mr. Ufilton has applied for a full liquor license and hopes to open January 26, 1998. 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 for the roof shall be obtained within one year and the fence permit for the fence around the service area shall be obtained within 30 days from the date of this public hearing; and 3) Prior to issuance of the Certificate of Occupancy, the applicant shall contact the City’s Urban Forester for information regarding design and selection of landscaping plants and shall install such landscaping along Gulf-to-Bay Boulevard consistent with the City’s beautification plans. The motion was duly seconded. Members Gans, Schwob, Johnson, and Stuart voted “Aye;” Member Jonnatti abstained. Motion carried. Minutes Approval – November 13, 1997 Member Jonnatti moved to continue approval to the next meeting to allow time for members to review the minutes. The motion was duly seconded and carried unanimously. Board and Staff Comments City Manager Michael Roberto highlighted his multi-year program for generating community redevelopment ideas through public dialog. Two ideas are generating a lot of enthusiasm: 1) the “One City. One Future.” plan, to be presented to the community next month; and 2) the Gulf-to-Bay Boulevard beautification process, a partnership with Pinellas County, FDOT (Florida Department of Transportation), property owners, and the City. Once it is ready for kick-off, Mr. Roberto will give the board a full-blown presentation of the City’s ideas regarding three premises: 1) Promoting Downtown as the “East Beach”, an extension of Clearwater beach; 2) Converting the bluff from 80% pavement to 80% green space, doubling the size of Coachman park for interactive enjoyment of the waterway; and 3) Achieving a Clearwater beach consensus process wherein big hotels, small businesses and residentaial properties can work together. Mr. Roberto stated the Land Development Code rewrite is a huge undertaking. Having been written when Clearwater was a development community, amendment is needed to reflect the changes now that Clearwater is a redevelopment community. He noted the North Greenwood community is an important area and will be most affected by downtown redevelopment. He wishes to collect community input regarding when, or if, the City should build a new home for the Phillies baseball team. Mr. Roberto stated Clearwater is a healthy community with many exciting opportunities. He will entertain a lot of public dialog, and meet in depth with individual boards to generate discussion that will result in new public policy and encourage economic development. He cited a recent finding that Clearwater beach shares the same values with downtown. He said the community has been wonderful to him and his family during his first six months as City Manager. He is impressed with City staff and hopes to involve them as much as possible during this exciting time. Board members thanked Mr. Roberto for taking time to attend. They were pleased to hear of his plans to attack City redevelopment and the code as a package. Mr. Roberto agreed government can be reactive, but it is important to take a global view and address changes comprehensively. While it is difficult not to focus on the short term, he stressed the need to focus on the big picture. Mr. Gans had an opportunity to preview the Land Development Code consultant report and was excited at the direction the rewrite is taking. Mr. Schwob praised Mr. Richter and Ms. Dougall-Sides for their hard work and thoroughness in serving the board. Mr. Roberto agreed he has been impressed by City staff and their desire to do the right thing. He added it is important for everyone to be on the same page. Ms. Dougall-Sides reported an adjacent property owner appealed approval of the side setback variance at 333 South Gulfview Boulevard (David Little, V 97-43, 11/13/97.) The parking variance approval was not contested. In response to questions from Mr. Johnson, it was not known whether new businesses are planned for the former Homestyle Harmony Restaurant and Planet Bubba locations. Mr. Gans reported a solid roof appears to have been built over the outdoor seating area at Britt’s Restaurant. He requested staff to investigate, take the appropriate action, and report to the board. Mr. Gans expressed concern a whirring red light in the window of a T-shirt shop at the Americana Gulf Hotel is confusing to traffic because it looks like a danger signal. Adjournment The meeting adjourned at 4:09 p.m.