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02/12/1998 DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER February 12, 1998 Present: William Schwob Vice Chair William Johnson Board Member Mark Jonnatti Board Member Ron Stuart Board Member Shirley Moran Board Member Leslie Dougall-Sides Assistant City Attorney John Richter Senior Planner Patricia O. Sullivan Board Reporter The Vice-Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, review of meeting procedures, and explanation of appeal process. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Former Chair Gans was thanked for his present to the board. The board welcomed Member Moran. ITEM #A - Time Extension Requests - None. ITEM #B - Continued Variance Requests B1) (Cont’d from 01/22/98) Harry E. & Paula Angenendt, Jr. for a variance of 2 ft in fence height to permit a fence height of 6 ft where a maximum fence height of 4 ft is allowed at 305 N. Glenwood Ave., Glenwood Sub, Lot 61, zoned RS 8 (Single Family Residential). V 98-07 In response to a February 1, 1998, letter from the applicants, Item #B1 was withdrawn. ITEM #C - New Variance Requests C1) Security Capital Atlantic, Inc. (Cameron Lakes Apartments) for a height variance of 3.5 ft to allow a fence 6 ft high within the setback area from the Stag Run Boulevard right-of-way where a maximum height of 2.5 ft is required at 2550 Stag Run Blvd., Sec 06-29-16, M&B 44.01, zoned RPD 18 (Residential Planned District) & P (Preservation). V 98-15 The subject property is developed with an apartment complex. The applicant proposes to install a 6-foot fence along Stag Run Boulevard at the East and West ends of the property. The fence is to be in the front setback where the maximum allowable height is 2.5-feet. A 3.5-foot height variance is requested. Staff supports the request. The fence will enclose the property and improve security. The fence at the East end of the property will be wood and connect with the existing wood fence along the East property line. The fence at the property’s West end will be constructed of black vinyl chain link. Approval of this variance will not adversely affect any nearby property owner. Senior Planner John Richter reviewed the recommended conditions. Stephanie Deprisco, Representative, said enclosing the property with fencing will help correct recent security problems. She said plans are to complete installation of the required landscaping by April. In response to a question, she said the property does not have a security force. No other 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 conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect; 2) requisite building permit(s) shall be obtained within one year from the date of this public hearing; and 3) within 30 days after installation of the fence, property owner shall plant a landscape buffer on the outside of the fence parallel to the Stag Run Boulevard right-of-way. Buffer shall consist of shrubs at least 18 inches in height at the time of planting. At property’s East end, plants shall form a continuous, solid screen at maturity to conceal the wood fence. At the property’s West end, the plants shall soften the appearance of the chain link fence. 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 variance. The motion was duly seconded and carried unanimously. C2) Patrick D. & Cynthia C. Henry (Loyal Loan & Pawn) for the following variances (1) a setback variance of 23 ft to allow a proposed addition 2 ft from the Hart Street right-of-way where a minimum setback of 25 ft is required; (2) a setback variance of 9.5 ft to allow a proposed addition 0.5 ft from the North side property line where a minimum setback of 10 ft is required; (3) a setback variance of 8 ft to allow a proposed addition 2 ft from the rear property line where a minimum setback of 10 ft is required; (4) a parking space variance 10 spaces to allow 6 spaces where 16 spaces are required; (5) a front yard open space variance of 29.6 percent to allow 20.4 percent where a minimum of 50 percent is required; (6) a perimeter landscape variance, along the South side property line, of 2 ft to allow 3 ft where a minimum of 5 ft is required; and (7) a perimeter landscape variance, along the rear property line, of 3 ft to allow 2 ft where a minimum of 5 ft is required at 315-321 N. Ft. Harrison Ave., Ft. Harrison Sub, Lots 2 and 3 together with vacated alley lying East of said lots, zoned CG (General Commercial). V 98-13 The subject property is developed with 2 buildings fronting N. Fort Harrison Avenue. The owner proposes to raze the South building and construct a 2,100 square-foot addition to the rear of the North building. A variance is requested for 10 parking spaces to allow 6 spaces where 16 parking spaces are required. Although the site plan shows 7 spaces, the easternmost space is in a right-of-way easement. The property owner has filed a request to vacate the easement. The hearing on the vacation has not occurred. Staff supports the requested variances to rejuvenate this declining property. The redesign features improvements: 1) property will provide green space along N. Fort Harrison Avenue; 2) property will be enhanced with landscaping; and 3) parking will be provided in a convenient, orderly manner. The variances are minimal to allow this property to be upgraded and returned to use. Mr. Richter reviewed the recommended conditions. Concern was expressed the buildings not be painted an intrusive color. In response to a question, Mr. Richter indicated the DRB (Design Review Board) reviews downtown properties South of Jones Street. That board has adopted design guidelines only for downtown. Albert Laveniano, Design Consultant for the Applicant, reviewed the request. He indicated the pawn shop business has operated in Clearwater for 18 years. Plans are to raze 2 buildings and refurbish 2 buildings. He expressed concern Solid Waste equipment may have difficulty accessing the rear of the property. He said entrance to the building will be off the parking lot. The storefront will be used to display merchandise. In response to a concern that merchandise not clutter the sidewalk, Mr. Laveniano indicated the building is a chevron shape, with the building’s line extending beyond the storefront. No other support or opposition was expressed. It was felt as an architect and engineer are involved and the business is established, the project should benefit the neighborhood. It was noted City codes do not address adequately individual redevelopment challenges. In response to a question, it was stated waste pickup concerns can be worked out. 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 conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect and 2) 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) Palm Pavilion of Clearwater, Inc./Howard G. & Jean B. Hamilton for the following variances (1) a parking variance of 3 spaces to allow zero spaces where 3 spaces are required; and (2) a structural setback variance of 65 ft to allow a wooden deck to extend 65 ft seaward of the Coastal Construction Control Line where no structure seaward of the control line is allowed at 10 Bay Esplanade, Clearwater Beach Revised, Blk 8, Lots 1-5 and 14-15, zoned CB (Beach Commercial). V 98-16 The subject property is developed with the Palm Pavilion. The owners propose to renovate the building’s interior. Also, the deck on the building’s West side is proposed to be enlarged with a 667 square foot addition. Staff supports the requested variances. The property adjoins public parking lots to the North and South. The 3 space parking variance will not significantly impact public parking. The addition to the deck will align with the deck’s West edge and will extend no farther seaward than the existing deck. The Building Official does not indicate any objection to construction of the deck seaward of the CCCL (Coastal Construction Control Line). Approval of the variances will not adversely affect any other property. Mr. Richter said the renovation will take better advantage of the structure’s water view. The CCCL runs through the building. The deck is seaward of the CCCL. No structures that compromise public safety can be built seaward of the CCCL. The City’s Building Official has expressed no safety concerns regarding the proposed deck expansion. Mr. Richter reviewed the recommended conditions. In response to a question, he said DCAB (Development Code Adjustment Board) had approved variances to construct the current deck in August 1993. Harry Cline, Representative, reviewed the property’s history since its construction in 1926, including the Hamilton family purchase of the property in 1964. He said the proposal is minor and makes no substantial change to the structure. The only other expansion on the property could occur into the parking lot. Plans are to use the Tropical Seascape design. Mr. Cline indicated State approval of the plan is necessary. As this may delay the process, he requested the condition requiring the building permit to be pulled within 12 months be amended to allow 18 months. In response to a question, Ken Hamilton, Owner, said the kitchen is being upgraded to meet customer demand for healthier food and to meet public health requirements. Items such as hamburgers will remain on the menu. The restaurant will remain family oriented with customers eating in their swim wear. He indicated the rest rooms are antiquated and will be upgraded to meet the current code. No outside walls on the existing structure will be moved. The owners do not want to lose the pavilion’s open air feel. No other 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 conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect and 2) requisite building permit(s) shall be obtained within 18 months from the date of this public hearing. The motion was duly seconded and carried unanimously. C4) The Wonderful Family USA, Inc. (Forbidden City Restaurant Chinese Cuisine) for a setback variance of 32 ft to allow a decorative theme facade wall 143 ft from the centerline of US 19N where 175 ft is required at 25778 US 19N, Sec 31-28-16, M&B 14.05, zoned CH (Highway Commercial). V 98-17 The subject property is developed with a restaurant. The property owner proposes to construct a new facade on the building’s West side. The facade will be constructed 143 feet from the centerline of US 19N where a 175-foot setback is required. Staff supports the requested variance. The new facade in front of the restaurant’s West wall will distinguish this building as a Chinese restaurant. The facade will be positioned at the end of the existing roof overhang. A new roof overhang will extend approximately 6-feet beyond the existing overhang. Approval of the variance will not adversely affect the US 19N corridor. This minimum variance will allow this restaurant to enhance its architectural appeal and visibility. Louis Wei, Representative, authorized Wayne Chung, Engineer, to represent him. Mr. Chung said when the owners purchased the property 10 years ago, they made substantial interior improvements. Next to new development in the area, the building looks old and dated. The owners wish to construct the facade while addressing necessary repair work. He said the proposed changes will have a positive impact on the area and beautify the neighborhood. No increase to the structure’s floor area is proposed. No other support or opposition was expressed. In response to a question, Mr. Richter said he knew of no current plans to widen US 19N in front of the subject property. 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 conditions: 1) variance based on variance application and documents submitted by 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 work to be done to the site or to any physical structure on the site will result in this variance being null and of no effect and 2) 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. ITEM #D - Land Development Code Amendments - None ITEM #E - Approval of Minutes In reference to the January 8, 1998, minutes, it was noted the first page had been reprinted to indicate all members were present Member Johnson moved to approve the minutes of the regular meetings of January 8, and January 22, 1998, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #F - Board & Staff Comments It was recommended the board consider changes to streamline current procedures and shorten meetings. It was suggested the entire legal description should not be read before each case as this information is available in the packet. It was felt reading the full procedure before every meeting is unnecessary. As a standard operating procedure, it was recommended at the beginning of each case, the Board Reporter swear in all who are present to speak. It was felt standards for approval should be reviewed. It was recommended the standards for approval be reviewed and the invocation be eliminated. In response to a question, Assistant City Attorney Leslie Dougall-Sides said the law does not require the entire procedure to be read before each meeting. The law does allow all to be sworn in at the same time. She said the standards for approval are being discussed with the consultant working on the Land Development Code revision. She will pass on board recommendations. Concern was expressed regarding the standard referring to material gain. It was noted the length of the meeting is related to the number of items and complications. It was felt the public is not well served when meetings last longer than necessary. It was noted the C-View audience does not have property descriptions. It was felt an invocation gives dignity to the meeting. It was noted prayers can offend no matter how carefully they are written. Ms. Dougall-Sides indicated the invocation is not a legal requirement. Each board decides if it wants an invocation. It was suggested the Chair continue to read opening comments 5, 11, and 12. It was felt it is important to state the board consists of volunteers. It was recommended board members view a County meeting to see how quickly they proceed. It was felt it is important not to rush applicants. Consensus was for Ms. Dougall-Sides to review the legal aspects of the proposed changes. Members will consider these proposals and propose additional changes at the February 26, 1998, meeting. F1) Nomination of Officers It was indicated nominations for officers are to be made today and voted on at the February 26, 1998, meeting. Member Johnson moved to nominate Vice-Chair Schwob as Chair. The motion was duly seconded. Member Jonnatti moved to nominate Member Johnson as Vice-Chair. The motion was duly seconded. The board can present additional nominations at the next meeting prior to the vote. Britt’s Café Ms. Dougall-Sides reported the CRT (Community Response Team) had indicated no code violations exist at Britt’s Café on Clearwater beach. The plastic drapes are not viewed as walls. She will discuss this issue with the City’s Building Official. Concern was expressed the changes do not resemble the outside seating area approved by the board. It was noted the changes have doubled the restaurant’s size. Don Pablos - VR 98-12 Ms. Dougall Sides reported Bay Aristocrat residents have filed a notice of appeal regarding the parking variance previously approved by the board for a new Don Pablos restaurant on US 19N. The applicant plans to contest the appeal. She will update the board regarding this issue. Adjourn The meeting adjourned at 2:22 p.m.