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03/12/1998 DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER March 12, 1998 Present: William Schwob Chair William Johnson Vice-Chair 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 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. ITEM #A - Time Extension Requests - None. ITEM #B - Continued Variance Requests B1) (Cont’d from 02/26/98) Instrument Transformers, Inc. for a setback variance of 4 ft. to allow a proposed carport 16 ft from the Calumet Street right-of-way where 20 ft. is required at 1925 Calumet Street, Sec 01-29-15, M&B 34.15, zoned IL (Limited Industrial). V 98-20 This property is compactly developed with an industrial building. The property owner proposes to construct a carport on the North side of the building. Senior Planner John Richter said the carport would provide 6 new parking spaces. Little parking is available near this building. The main parking lot is approximately 500-feet South. Staff had opposed the company’s original plan and worked together on this proposal, which staff supports. Applicant Bill Johnson said open space on the property was used to meet retention and drainage needs. He expressed concern company engineers currently park 500 feet from their jobs in this building. 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) prior to approval of a final inspection for the carports, landscaping shall be provided in the 5- foot area between the carports and the Calumet Street right-of-way. The motion was duly seconded and carried unanimously. ITEM #C - New Variance Requests C1) Aldo Degan & Eva Kritikos for a setback variance of 17 ft. to allow a detached garage 8 ft. from the Jewel Street right-of-way where a minimum of 25 ft. is required at 729 Mandalay Avenue, Mandalay Sub, Blk 13, Lot 8, zoned RS 8 (Single Family Residential). V 98-22 This property is developed with a single family home. The owners propose to replace the carport with a detached garage on the home’s East side. The garage will be within the Jewel Street setback area. Where a 25-foot setback is required, the garage will be 8-feet from the right-of-way. Staff feels conditions support approval. This corner lot is modestly sized and irregularly shaped. The North and West sides of the lot front public streets with 25-foot setback requirements. The size, shape, and setback requirements of the property make it difficult to construct a garage. The proposed location is the best alternative as the garage will not significantly impact properties which abut Jewel Street. Jewel Street, only 250-feet in length, has no homes fronting on it. Approval will not alter this neighborhood’s character. Mr. Richter noted the 25-foot setbacks consume at least half of the property. Aldo Degan, applicant, said he wants to build a 2-car garage to store his boat, car, lawn furniture, bicycles, and lawn mower. In response to a question, he disagreed with Sandy Britton’s March 5, letter of opposition. He did not think the planned garage would interfere with pedestrians or vehicles. He plans to use the garage for storage, not for an apartment. Besides Ms. Britton’s letter of opposition, no other support or opposition was expressed. It was noted a carport is already there. The City’s Traffic Engineer had expressed no concerns regarding the proposal. Member Moran moved to grant the variance as requested because the applicants have 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. C2) Republic Bank for the following variances (1) a setback variance of 41 ft. to allow a proposed canopy 9 ft. from the North side property line where a minimum setback of 50 ft. is required and (2) a setback variance of 34 ft. to allow a proposed canopy 41 ft. from the Highland Avenue right-of-way where a minimum setback of 75 ft. is required at 1831 N. Highland Avenue, Sec 2-15-29, M&B 31.05, zoned CC (Commercial Center). V 98-23 This property is developed with a bank. The applicant proposes to expand the drive-in facility on the bank’s North side from one to two lanes and extend the overhead canopy to shelter the new lane. Variances are requested: 1) where a 50-foot setback is required, a 41-foot variance is requested to allow the canopy 9-feet from the North property line and 2) where a 75-foot setback is required, a 34-foot variance is requested to allow the canopy 41-feet from the Highland Avenue right-of-way. Staff feels conditions support approval. Extension of the canopy will not adversely affect spatial relationships in the area. A driveway on the property’s North side separates the bank from the property to the North and provides access to the shopping center to the East. The proposed 9-foot side setback will provide ample separation between the bank and the use to the North. In the front, the canopy will align with the existing canopy and be positioned behind the front of the bank. The effect of the variances will be minimal. In response to a question, Mr. Richter said the large setbacks are determined by the shopping center zoning. With side setbacks of 100 feet, construction is limited to only 50 feet of the lot. It was felt zoning of this parcel is incorrect. In response to a question, Mr. Richter said the parcel has separate metes and bounds but is not platted separately. Tom Corbett, representative, said the bank plans to move the ATM to the side of the building for customer safety. He said the proposed lane may be used as a second driveway when the ATM is being serviced. No other support or opposition was expressed. Member Johnson moved to grant the variance as requested because the applicants have 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) prior to approval of a final inspection, landscaping shall be installed on the North side of the canopy to soften the encroachment into the side setback. The motion was duly seconded and carried unanimously. C3) Sandkey Associates Limited Partnership (Sheraton Sandkey Resort) for a height variance of 2.83 ft. to allow a wall/fence 5.33 ft. high within the setback area from the Gulf Boulevard right-of-way where a maximum height of 2.5 ft. is allowed at 1160 Gulf blvd., Sec 17-29-15, M&B 33.01, zoned CR 28 (Resort Commercial) V 98-24 This property is developed with the Sheraton Sand Key Resort Hotel. The applicant proposes to construct a screen wall along the front of the property within the setback area from the Gulf Boulevard right-of-way. Fences and walls cannot exceed 2.5-feet in height within the setback area. A 2.83-feet variance is requested to allow a 5.33-foot high screen wall. Staff feels conditions support approval. The screen wall will be attractively designed with mostly open construction and will not substantially restrict visibility. A decorative feature at the main entrance is planned. The screen wall will be at least 5-feet from the right-of-way, allowing landscaping along Gulf Boulevard. Approval will not adversely affect neighboring properties or the City. Dixie Walker, architect, said the extensive interior and exterior renovations are almost complete. He distributed an artist’s rendering of the planned renovations. The proposed fence will not infringe on views of the Gulf. Russ Kimball, Sheraton Sand Key General Manager, said the resort is investing $1-million to update the building’s exterior with a Mediterranean design. The 3rd phase will create a tree-lined boulevard to a portico. The fence is designed to complement the hotel and new development next door to the South. Railings on the fence will match the resort’s balconies. Mr. Kimball submitted letters of support from J. Mike Cheezem, of JMC Communities, and Eddie Amsel, President of the Sand Key Civic Association. In response to a question, Mr. Kimball said the fence was designed for aesthetics, not security. The fence should block the view of parked cars from vehicles on Gulf Boulevard. Most landscaping will be installed on the hotel side of the fence. The fence will extend to the resort’s property line. The abutting property is required to maintain a beach access on its North end. In addition to the two letters submitted, no other support or opposition was expressed. Member Johnson moved to grant the variance as requested because the applicants have 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 60 days after installation of the screen wall, a landscape buffer shall be planted between the wall and the Gulf Boulevard right-of-way. The buffer shall consist of shrubs at least 18-inches in height at the time of planting. The buffer shall extend along the length of the wall. 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. ITEM #D - Land Development Code Amendments - None ITEM #E - Approval of Minutes Member Johnson moved to approve the minutes of the regular meeting of February 26, 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 739 Harbor Island Mr. Richter said the board had requested staff to review new construction at 739 Harbor Island for compliance with code. Mr. Richter reported the project currently does not meet open space requirements. Where 45% open space is required, the project has only 41.5% open space. The property owner must bring construction into conformance or apply for a variance. He said there is time to correct this oversight. Don Pablos - VR 98-12 Assistant City Attorney Leslie Dougall-Sides noted Bay Aristocrat residents had filed a notice of appeal regarding the parking variance previously approved by the board for a new Don Pablos restaurant on US 19N. The hearing is scheduled for May 8, 1998. Meeting Procedures Consensus was for the Chair to continue reading the amended commentary and review of procedures. Adjournment The meeting adjourned at 1:39 p.m.