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08/27/1998 DEVELOPMENT CODE ADJUSTMENT BOARD MEETING CITY OF CLEARWATER August 27, 1998 Present: William Schwob Chair William Johnson Vice-Chair Mark Jonnatti Board Member Ron Stuart Board Member Leslie Dougall-Sides Assistant City Attorney Sandy Glatthorn Central Permitting Manager Patricia O. Sullivan Board Reporter Absent: Shirley Moran Board Member The Chair called the meeting to order at 1:03 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 08/13/98) Plaza Pines, Inc. (Plaza Pines Mobile Home Park) for variances to the height requirements for a fence; and setback requirements for a new shuffleboard court cover at 1280 Lakeview Road, F.E. Hanousek's Sub, Part of Lot 9, zoned RMH (Mobile Home Park). V 98-58 At Plaza Pines Mobile Home Park, the applicant wishes to construct a covering for the shuffleboard court and build a 6-foot high concrete block wall, both within the Lakeview Road setback. Staff feels the property is large enough for the property owner to meet the 35-foot setback requirement for the proposed wall. The shuffleboard court is 15 feet from the Lakeview Road right-of-way. The planned covering will shield residents from rain and sun at the shuffleboard court and should have little or no affect on other properties. John Treantafellow, representative, presented photographs of the property, indicating where the proposed fence and wall would be constructed. He said the canopy will be constructed of high grade aluminum. He said the new elderly care center at the entrance to the mobile home park has increased area congestion. He said the sculptured fence will enhance the front of the property. The fence and wall will help protect the mobile home park from children. He said a 4-foot fence in the property’s rear does not deter children from entering the property. He said the wall will be a fancy and attractive concrete block structure. In response to a question, he said the remaining grassy area is used for picnics and yard sales. Benches provide pedestrians a place to rest. Don Diehl, representative, said a setback is requested for the shuffleboard cover structure. In response to a question, Central Permitting Manager Sandy Glatthorn said she has no information on future plans to widen Lakeview Road. It was felt the proposed wall will not block the view of traffic as it will be far enough back from the sidewalk. In response to a suggestion that vinyl fencing be used exclusively, Mr. Diehl said the block wall will act as a sound barrier for traffic noise. Ms. Glatthorn indicated landscaping provides the same effect. Mr. Treantafellow needed authorization from the property’s owners before he could agree to landscaping conditions. Out of concern for water conservation, he said no sprinkler system is planned. It was felt the City should not dictate landscape requirements. No support or opposition was expressed. In response to a question, Mr. Treantafellow said he would agree to placing the wall between 15- and 20-feet from the right-of-way. Member Johnson moved to grant a street setback variance of 15-feet for a shuffleboard cover structure, a height variance of 18-inches for a vinyl fence to be located South of 2 benches next to the shuffleboard court as shown in diagram presented by applicant, and a height variance of 3.5-feet to permit a wall 20 feet from the Lakeview Road right-of-way as requested because the applicant substantially has 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 6 months from the date of this public hearing; and 3) cover for shuffleboard court shall be a non-walled structure in the setback areas. The motion was duly seconded. Members Johnson, Jonnatti, and Chair Schwob voted “Aye”; Member Stuart voted “Nay.” Motion carried. ITEM #C - New Variance Requests C1) William M. & Susan M. Gerald for variances to the rear and side setback requirements to allow a shed to remain in its present location at 314 N. Prescott Ave., Country Club Addition, Blk 6, Lot 10 and part of Lot 9, zoned RS 8 (Single Family Residential). V 98-62 The applicant requests a 3-foot rear setback variance and a 2-foot side setback variance to allow a shed to remain in its present location. A stop work order was issued as the shed was installed prior to the applicant obtaining a permit or inspection. This property, zoned RS 8 with a land use designation of Residential Urban, is in a neighborhood that was developed in the 1920’s. Numerous accessory structures, such as sheds, are installed similarly to the applicant’s. While the shed’s location does not meet Code setbacks, its location is consistent with other neighborhood sheds and provides appropriate open space and buffering for surrounding properties. Staff recommends approval. William Gerald, applicant, said the shed is consistent with other sheds and garages in the neighborhood. He submitted a petition recommending approval signed by 8 neighbors. Mr. Gerald submitted photographs of his property and nearby accessory structures. The shed will be used for storage. Mr. Gerald said he owns half of the empty lot next door. Al Harville said forcing the Geralds to adhere to code restrictions would detract from the look of the neighborhood. No other support or opposition was expressed. Member Johnson moved to grant a rear setback variance of 3-feet and side setback variance of 2-feet 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 30 days from the date of this public hearing. The motion was duly seconded and carried unanimously. C2) Jacquelynne B. Foster-Matthews for a variance for a pool enclosure setback from rear property line at 1634 Scott St., Highland Point 5th Add, Blk 25, Lot 1, zoned RS 8 (Single Family Residential). V 98-63 This property is developed with a single family residence and swimming pool in the rear yard. According to City Engineering maps, the swimming pool was constructed in the late 1970s. This corner lot, at the intersection of Lynn Avenue and Scott Street, has insufficient space next to the swimming pool to meet the required setback for an enclosure. The applicant wishes to construct an enclosure around the swimming pool and requests a variance for the rear property line. Staff feels the request is a reasonable accommodation to allow this redevelopment proposal to proceed. In response to a question, Applicant Jacquelynne Foster-Matthews said the solid roof covers an existing hot tub. A screen enclosure that does not meet code will be removed. The proposed enclosure will not affect neighbors’ views in the back of the house. No support or opposition was expressed Member Johnson moved to grant a rear setback variance of 3.75-feet as requested because the applicant substantially has 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 6 months from the date of this public hearing. The motion was duly seconded and carried unanimously. C3) Barbara L. Bennett for the following variances (1) fence height; (2) fence setback from right-of-way; and (3) required landscaping at 1784 Thames St., Blackshire Estates, Lot 62, zoned RS 8 (Single Family Residential). V 98-64 Neither the applicant nor a representative was present. Item #C3 was continued automatically to the next DCAB (Development Code Adjustment Board) meeting. The Board expressed concerns regarding the future look of the Keene Road extension if landscaping is not installed along fences. C4) Lisa Alberico, Trustee (Fuzzy’s Sports Bar & Grill) for a variance to the parking requirements for a nightclub at 1270 S. Highland Ave., Forest Hills Estates Unit 4, Lot 161, zoned CG (General Commercial). V 98-65 The applicant operates Fuzzy’s Sports Bar and Grill at 1270 S. Highland Avenue. The applicant wishes to change his 4COP-SRX alcoholic beverage license to a 4COP license which will change the primary use of this property from a restaurant to a nightclub. According to the Land Development Code, this change of use requires additional parking. The applicant intends to continue operating this business as a restaurant and bar. The Planning & Zoning Board has approved the applicant’s application for conditional use approval to allow a nightclub, tavern, and/or bar in the CG (General Commercial) Zoning District. The applicant has submitted a plan for 31 parking spaces where 110 spaces are required. No space is available for additional parking. Surrounding properties are developed and used by other businesses. Ms. Glatthorn said the applicant has increased parking as much as possible. Steven Watts, representative, said the applicant had found it difficult to meet conditions requiring at least 51% of the business’s total revenue be food. There are no plans to change the business from a neighborhood bar and grill. He estimated the parking lot only will be full between 5:00 and 7:00 p.m. on Friday evenings. Jerry White, applicant, said his sports bar will continue to serve sandwiches, chicken wings, and roast beef dinners. He hoped his business will not change. Four letters of support were submitted. No other support or opposition was expressed. Member Johnson moved to grant a 79 parking space variance as requested because the applicant substantially has 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 30 days from the date of this public hearing; 3) within 90 days, interior landscaping shall be installed where adequate space exists on site. Particularly, landscaping shall be installed at S. Highland Avenue and at the rear parking area adjacent to the South and West property lines. Prior to installation, a landscape plan shall be submitted to the City’s Landscape Architect for review and approval. Irrigation shall be provided for any landscape material. Failure to maintain the buffer in a healthy condition shall void the variances; and 4) applicant shall submit a parking lot plan for review and approval by Traffic Engineering. An approved parking lot plan and a parking lot permit shall be obtained prior to restriping of the parking areas and within 30 days of this public hearing. Deviation from this condition will result in this variance being null and of no effect. The motion was duly seconded and carried unanimously. C5) Intervest Bank (Intervest Plaza) for the following variances (1) width of landscape buffer; and (2) number of required parking spaces at 635 Court St., Court Square, Blk 13, Lots 4 & 5, and part of Lot 6 and N ½ vac alley, zoned UC[C] 2 (Urban Center Core). V 98-66 The applicant is requesting variances to the front yard landscape buffers and minimum parking requirements. A landscape variance of 5 feet for the front yard and, a parking variance for 11 spaces are needed to accommodate the proposed development on this site. Staff recommends approval as a 5-foot landscape buffer has been established in the adjacent development along Court Street. It is in the community’s best interest to preserve the tree on site. Staff feels the provision of 24 parking spaces will not be detrimental to the parking needs of the proposed development which furthers the City’s downtown redevelopment and revitalization efforts. Staff notes the redevelopment of built areas requires flexibility. The existing bank and proposed replacement building are located on a single parcel of land. Member Jonnatti declared a conflict of interest and recused himself from the discussion, indicating Intervest Bank had hired his firm, Spencer & Jonnatti Architects, to perform architectural services on this project. Steven Spencer, representative, said this request relates to Phase II of the project already completed on the adjacent property. He said the building’s gross area of 13,825 square-feet will have only 10,300 square-feet of rentable space due to large common areas. He said the City had recommended connecting the properties to allow ingress/egress to Court and Chestnut streets even though some parking spaces would be lost. No support or opposition was expressed Member Johnson moved to grant a 5-foot landscape buffer variance along Court Street and an 11 parking space variance as requested because the applicant substantially has 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) a landscape plan which meets or exceeds the landscaping requirements shall be submitted and approved before a building permit is issued; and 3) applicant shall revise the proposed site plan to allow for a vehicular connection between the site of the proposed building and the site of the existing bank. The provision of the vehicular connection will eliminate 2 parking spaces on the adjacent site, however, it shall not render the site non-conforming for parking requirements. The motion was duly seconded. Members Johnson and Stuart and Chair Schwob voted “Aye” Member Jonnatti abstained. Motion carried. C6) Mark & Julie Street for a variance for a building setback from street right-of-way at 300 Feather Tree Dr., Feather Tree, Lot 38, zoned RS 8 (Single Family Residential). V 98-67 The subject property has a double frontage lot and is developed with a single family residence. The rear yard is located off Tulane Avenue, a partially improved street that ends at this property. The requested variance will allow the applicant to construct a garage with access from the improved portion of Tulane Avenue. Mark Street said he wants to build a 2 bay garage on the rear of his property. His neighbor to the South also has a detached garage. He said the rear of his property has dense landscaping but is not a preservation area. Mr. Street said he plans to build a workshop on the second floor. He stated the building will not be rented for human occupancy. No support or opposition was expressed Member Jonnatti moved to grant a 15-foot street setback variance because the applicant substantially has 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 6 months year from the date of this public hearing; and 3) garage shall not be used as a single family residence. The motion was duly seconded and carried unanimously. ITEM #D - Land Development Code Amendments - None ITEM #E - Approval of Minutes In reference to Item #C6, it was noted only Member Moran had voted “Nay.” Member Johnson moved to approve the minutes of the regular meeting of August 13, 1998, as corrected. The motion was duly seconded and carried unanimously. ITEM #F - Board & Staff Comments It was requested that Assistant City Attorney Leslie Dougall-Sides verify if board members must refer to the code when making a motion. Ms. Glatthorn indicated variance requests now are advertised in general terms instead of specifying the size of the request. The board said the general advertising was fine. It was recommended applicants be explicit when presenting their requests to the board. It was felt aerial maps often are helpful for members to locate properties. It was stated aerials can be obtained from the Pinellas County property appraiser’s web site. Adjournment The meeting adjourned at 2:28 p.m.