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11/09/1993 CITY COMMISSION SPECIAL MEETING November 9, 1993 The City Commission of the City of Clearwater met at the Main Library, Tuesday, November 9, 1993 at 10:00 a.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Fred Thomas Commissioner Absent: Sue Berfield Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney Scott Shuford Central Permitting Director John Richter Senior Planner Susan Stephensen Deputy City Clerk Public Hearings were held on the following sign variance requests: ITEM #1 - Variances to Sign Regulations for property located at 1250 & 1254 Cleveland St., Padgett's Estates Sub., Lot 19 (Carelli/Royal Palm Motel & Coffee Shop, Inc.) SV92-68 The applicant is requesting the following variances: 1) a setback variance of 5 feet to allow a freestanding sign zero feet from the property line; 2) an area variance of 3 square feet to allow an attached/projecting sign with a total area of 19 square feet; and 3) a projecting distance variance of 0.67 feet to allow an attached/projecting sign to project 4.16 feet from the facade of the building. The subject property is located on the northeast corner of N. Lincoln Avenue and Cleveland Street and is in the Urban Center/Eastern zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The variances are requested to permit an existing freestanding sign and an attached/projecting sign to remain. The subject site is an older motel. Site inspection indicates that relocation of the freestanding sign to meet current setback requirements can not reasonably occur due to site design. In regard to the projecting sign, the visual effect of the minor projection distance is mitigated by the more extensive projection of the covered overhang immediately below the sign. The area variance is also minor. Staff finds the applicant's request meets all eight standards for variance approval. Commissioner Thomas moved to approve the requested variances for the subject property. The motion was duly seconded and carried unanimously. ITEM #2 - Variances to Sign Regulations for property located at 1674-1688 Belcher Rd., N., Sec. 1-29-15, Clearwater Industrial Park, part of Lot 14 (Espana Business Center) SV92-78 Mr. Shuford stated they had received a letter from the applicant requesting a continuance due to the fact their attorney was unable to attend this meeting. Commissioner Thomas moved to continued this item. The motion was duly seconded and carried unanimously. ITEM #3 - Variances to Sign Regulations for property (Jack Russell Stadium) located at 801 Phillies Dr., New Country Club Addition, Blk A, Lot 12 and Blks E & D and vacated avenue (City) SV93-07 The applicant is requesting the following variances to permit the existing attached signs to remain: 1) an area variance of 116.13 square feet from the permitted 48 square feet to allow a total of 164.13 square feet; and 2) a variance of 1 attached wall sign from the permitted maximum of 3 attached signs of any one type to allow 4 attached wall signs. Due to the size of the building, no ratio variance is needed. The subject property is located on the northeast corner of N. Greenwood Avenue and Seminole Street and is in the Open Space Recreation (OS/R) zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The Jack Russell Stadium is unique to the City since it is the only stadium that brings big league professional baseball to the community. This unique use enhances tourism in the City's resort community. Furthermore, the stadium is situated on an unusually large (17.7 acre) site. The attached signs are oriented toward the large parking area to the west and the industrial/commercial uses to the south. The concession and other interior signs are necessary for the normal operations of a stadium and are directed to the patrons within the stadium. The areas of the attendance sign and the "Phillies All Time Records" sign are not included in this area variance request and these signs are proposed to be removed or relocated so as to be visible only at the stadium. The mens and ladies room directional signs must be reduced to a maximum of 4 square feet. The large acreage and industrial/commercial uses to the south cause the stadium to be setback approximately 1,000 feet from N. Greenwood Avenue, the primary street toward which the signs are oriented. The sign bonus provisions do not apply since Phillies Drive is actually the closest street to the stadium. The physical location of the stadium creates the need for the existing size of the signs. Surrounding land uses are: to the north - multiple family residential; to the south - armory and vehicle service; to the east - single family residential; and to the west - city park. All of the attached signs are directed away from the residential areas and do not impact those areas. The granting of these variances will not detract from the surrounding businesses, parks, or residential areas and will not negatively impact the overall appearance of the community. The granting of these variances will enhance the character of a professional baseball facility and further promote tourism in the City. Staff finds the applicant's request meets all eight standards for variance approval. Commissioner Thomas inquired as to how the signage would be handled if this were a shopping center and questioned whether it should be addressed off Greenwood when it is so far off the road. The City Manager stated there are so few instances such as this that it is best to handle them as variances rather than changing the code for the few exceptions. Commissioner Thomas commented that it is a small sign given the size of the building. Commissioner Deegan stated the "sign" is more advertising than serving the function of a sign but this situation is unique since it is the only place in Clearwater where there is a professional baseball team. He did not feel it meets the requirements for granting a variance. The City Manager suggested that if Phillies Drive were abandoned, then a variance would not be needed. Mr. Shuford stated staff is working closely with the Phillies to try and reduce the variances to a minimum. Ream Wilson, Parks and Recreation Director, stated they have many inquiries as to where the stadium is. People come down Greenwood Avenue in heavy traffic looking for the stadium. He feels the sign regarding the Florida State League is important. He noted staff is looking into the vacation of Phillies Drive to provide more parking. The Mayor questioned whether there is any proposed alternative. Mr. Wilson stated they are allowed to have a 48 square foot freestanding sign and a 48 square foot sign on the building but they prefer to have the square footage all in one sign. Mr. Shuford indicated there is a bonus for having only one sign. Commissioner Deegan noted that if the Phillies were willing to reduce the signage, it would help. There is nothing blocking the signs and he did not feel this situation could be treated differently than others in the City. The City Manager inquired as to why only 48 square feet was permitted and Mr. Shuford responded that the property is zoned Open Space/Recreational which only allows that size sign. The City Manager pointed out that the 48 square foot limit was designed with the thought in mind that most parks in the City are smaller than Jack Russell Stadium which covers 2 1/2 square city blocks, making it unique and not typical of other city parks. Commissioner Thomas stated it would be difficult not to approve the request as this is a large parcel and the Phillies draw a lot of tourists to Clearwater during their spring training. The Mayor noted that she felt that the variances were warranted but wanted to establish why this situation is special and unique. Commissioner Fitzgerald stated this is a unique situation and he does not feel the granting of these variances would be giving the City an advantage over others. He feels the City Manager has made a case for the uniqueness of the situation. Discussion continued on the fact that Jack Russell Stadium is unique and granting the variances would not be showing favoritism. Mr. Shuford suggested there be an additional condition stating no freestanding signs will be permitted. The City Manager noted he did not feel this limit should be placed as there may be a need for additional identification signs for parking. Commissioner Fitzgerald moved to approve the requested variances for the subject property subject to the following conditions: the attendance sign and the "Phillies All Time Records" sign shall be removed or relocated so as to be visible only at the stadium; and the mens and ladies room directional signs shall be reduced to a maximum of 4 square feet for each sign. The motion was duly seconded and carried unanimously. ITEM #4 - Variance to Sign Regulations for property (Alternative Auto) located at 1902 Drew St., Marymont Sub., Blk 24, Lot 24 & 1/2 vacated street (Eiseman, TRE) SV93-08 Mr. Shuford stated he received a request from the applicant to continue this item. Commissioner Fitzgerald moved to continue this item. The motion was duly seconded and carried unanimously. ITEM #5 - Variances to Sign Regulations for property located at 1407 Gulf-to-Bay Blvd., Boulevard Heights, Blk C, part of Lot 1 and Knollwood Replat, part of Blk 4 (Hugh Grant Realty & Builders, Inc.) SV93-15 The applicant is requesting variances from the sign regulations to allow two existing above roof signs to remain where above roof signs are prohibited. These two signs consist of a V-shaped sign with two 6 foot x 4 foot panels. For the purpose of this request, the signs are being treated as attached signage; this necessitates the area variance, as the signs exceed the 1.5:1.0 ratio of sign area to building width for attached signs. The subject property is located on the south side of Gulf-to-Bay Boulevard approximately 60 feet east of Hillcrest Avenue and is in the General Commercial zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. Gulf-to-Bay Boulevard has a right-of-way width of 100 feet. The existing building is located on the property line with a roof overhang extending into the right-of-way. Because of this nonconforming building, the applicant contends that a pole sign would be required to be 5 feet behind the front of the building. Although this may be true, a freestanding sign in this zoning district is permitted a maximum height of 20 feet. A freestanding sign could be seen over the existing one story section of the building that fronts on Gulf-to-Bay Boulevard. The applicant has not provided any evidence that these variance requests arise from any conditions unique to this property. These variance requests are extreme with regard to the type of signs permitted in this district and cannot be considered minimal requests. Surrounding land uses are: to the north - vacant commercial building; to the south - single family; to the east - Hong Kong Restaurant; and the west - U.S. Plumbing, Clearwater Locksmith. Mr. Shuford stated this situation is not unique in that the applicant is permitted to have a freestanding sign. Hugh Grant stated that each side of the sign is 4 feet x 6 feet for a total of 48 square feet. The sign on the front of the building is 7 1/2 square feet. He pointed out that if the smaller sign were removed, there would only be 48 square feet remaining which is what is permitted. He expressed concern that a pole sign would encroach on the parking and pointed out that the pole sign could be twice as big as what he has now. Commissioner Deegan noted that the sign does extend above the roof but not above the peak of the roof. Mr. Grant inquired as to which roof the sign cannot extend above. Discussion ensued regarding the fact that this is a unique area and the sign does not extend above the peak of the roof. Mr. Shuford pointed out that the Commission has not heard any requests regarding above roof signs previously and staff is looking for direction from the Commission. The Mayor stated she felt all the businesses in this area had a unique situation and it is almost a wash-out between a pole sign or the existing signage. Mr. Grant also pointed out that the angle of the road in this area precludes good visibility for a sign. Commissioner Deegan moved to approve the requested variances to allow two above roof signs consisting of a V-shaped sign with two 4' x 6' panels for the subject property for meeting Section 45.24 Standards for Approval, subject to the condition that (1) the extra signage on the face of the building is removed and (2) no freestanding signs shall be permitted. The motion was duly seconded and carried unanimously. ITEM #6 - Variances to Sign Regulations for property (Young's Pit Bar-B-Que) located at 1800 Gulf-to-Bay Blvd., Sec. 13-29-15, M&B 23.01 and Skycrest Sub., Unit B, Blk C, Lot 4 (Nick & Maria Papas) SV93-18 The applicant is requesting the following variances to allow an existing freestanding sign to remain: 1) an area variance of 39.5 square feet from the permitted 64 square feet to allow a total area of 103.5 square feet; 2) a height variance of 5.33 feet from the permitted 20 feet to allow a total height of 25.33; 3) a setback variance of 5 feet from the 5 foot setback requirement to allow a freestanding sign zero feet from the Gulf-to-Bay Boulevard right-of-way; and 4) a variance of one message panel from the maximum two message panels permitted to allow a total of three message panels. The subject property is located on the northeast corner of Gulf-to-Bay Boulevard and Keene Road and is in the General Commercial zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The applicant states this property is scheduled for the Keene Road extension project by Pinellas County which directly affects this sign. The applicant wants to keep this sign at the present location "temporarily" rather than having the County "pay twice". The Keene Road project is not scheduled to begin until fiscal year 1996-97. Staff does not find this road project to be a unique condition or a factor to consider in these variance requests. These variance requests are extreme with regard to the area, height, setback and number of panels and can not be considered minimal requests. Surrounding land uses are: to the north - multiple family residential; to the south - strip commercial (across Gulf-to-Bay Boulevard); to the east - Subway sandwich shop, professional offices; and to the west - Diana Motel. John Richter stated this property will be affected by the Keene Road extension. One option is to require the applicant to meet code with regard to the height, area and number of message panels but to grant a variance for the setback so that the pole would not need to be relocated until the Keene Road extension is in place. Commissioner Thomas noted that this corner will probably be torn up to allow for the extension within two years so it makes sense to allow the applicant to keep the height and the current setback. The Mayor inquired as to whether any of the property had already been taken for this purpose. Nick Papas stated it is a family business which has been there for twelve years. Construction on the Keene Road extension is targeted to begin in 1996. The sign has been there since 1954 and the pole is in bad condition. He plans to remove one reader board. He pointed out that Gulf-to-Bay Boulevard used to be two lanes and there is talk that a portion of his property will be used to provide a turn lane for Gulf-to-Bay Boulevard or possibly be used as a retention area. The new sign will conform to the code. Discussion ensued regarding whether or not the existing pole would be able to take much handling due to its condition and whether a smaller sign than now exists could be placed on it. The City Manager stated there are two scenarios regarding the right-of-way in this area and each scenario will affect this property in a different way. He suggested the applicant be given one year in order to determine how the property will be affected by the Keene Road extension. Commissioner Thomas noted there is so much turn around with the DOT and the County and if this item is continued for one year, it will provide an opportunity to see how the extension will affect the property. He also expressed concern regarding the structural integrity of the poles should attempts be made to alter the existing sign. Commissioner Deegan expressed concern that they have no idea what type of sign the applicant will put up and the existing sign might remain in place for another three years. He suggested they compromise with the applicant by requiring the sign to conform except as to the setback. Commissioner Deegan moved to deny the requested variances as to height, area, and extra reader board for the subject property for failure to meet Section 45.24 Standards for Approval, items 1-6 and 8 and approve the setback variance to allow the conforming sign to remain in its present location until such time as the Keene Road Extension plans are permitted. The motion was duly seconded and upon the vote being taken Mayor Garvey and Commissioners Deegan and Fitzgerald voted "Aye;" Commissioner Thomas voted "Nay." Motion carried. ITEM #7 - Variances to Sign Regulations for property (Camelot Motel) located at 603 Mandalay Ave., Mandalay Sub., Blk A, Lot 1 and part of Lot 2 (Hubbard) SV93-23 The applicant is requesting two variances to permit the replacement of an existing attached sign (projecting) that was damaged in the "No Name" storm this spring. Due to the width of the subject building, no ratio variance is needed. Requested is an area variance of 19.8 square feet from the permitted 48 square feet to allow an attached sign with a total area of 67.8 square feet and an area variance of 15.8 square feet from the 16 square feet permitted for a projecting sign to allow a projecting sign of 31.8 square feet. The subject property is located on the east side of Mandalay Avenue at the southeast corner of the intersection of Mandalay Avenue and Juanita Way and is in the Beach Commercial zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The sign code allows attached signs of up to 48 square feet and projecting signs of up to 16 square feet in the Beach Commercial district. The subject property is not eligible for a freestanding sign due to the lack of a sufficient structural setback from the street right-of-way. The subject property is a relatively large two story motel which takes up most of the property on which it is located. Site inspection reveals the subject sign, located at the southwest corner of the building, is intended for viewing from both the north and south along Mandalay Avenue. It is both an attached and a projecting sign, with its larger face oriented toward the south. Since the development on the property directly to the south of the subject site is setback from the street, staff feels the applicant's contention that a larger sign is warranted in order to increase visibility is not justified. A creative projecting/attached sign within the confines of code requirements would permit adequate identification of the motel without the requested area variance. Granting the requested variance would confer on the applicant a special privilege not enjoyed by surrounding properties. There are a number of similarly situated properties in the Beach Commercial district, so the applicant's request is neither unique or minimal. Surrounding land uses are: to the north - soccer field; to the south - shopping center; to the east - Breezeway Motel; and to the west Pick Kwik. Staff recommends denial of the variances. Eunice Hubbard passed several pictures around. She expressed concern that people coming from the south to the north would not be able to see a smaller sign due to the bend in the road and the fact that her business is some distance down the road. The sign is 9 feet by 7 feet across and she pointed out that the 7-11 sign blocks their sign at a certain point. She stated she did not have any room to put up a freestanding sign. In response to a question from Commissioner Thomas, Mr. Shuford stated that a 50 square foot sign would be permitted as a pole sign. Commissioner Deegan stated he felt the variances should be allowed due to the location of the motel in relation to other businesses in that area and the fact that it would not be seen. He felt the curve in the road creates a unique situation and questioned why the City could not put up signs where the causeway comes into Mandalay indicating food, restaurants, motels and showing the direction. The City Manager stated that is a possibility but more probable if DOT gives the City that portion of the road. If the City can control the last 300 or 400 feet of the causeway, this would be feasible as there are 205 hotels on Clearwater Beach. Ms. Hubbard noted that some people think her motel is an apartment. Commissioner Thomas inquired as to how important the back of the sign was. He suggested that if she covered up the back of the sign with a plain sheet of plastic, this would reduce the square footage of the sign. Discussion ensued regarding signage addressing traffic coming in the other direction. Commissioner Thomas suggested she place the street number and Mandalay Avenue on the back side and have a 48 square foot sign on the front side which would not require any variances. Discussion ensued regarding how large the address could be and it was suggested it be aesthetically pleasing but general consensus was that it should not take up the entire back portion of the sign. Commissioner Thomas moved to approve the variances as requested for the subject property subject to the condition that the projecting sign face on the north side shall be limited to address display only. The motion was duly seconded. Ms. Hubbard inquired as to whether she could indicate on the sign what amenities she has to offer. Commissioner Thomas noted that she could put anything on the 48 square foot face that she was replacing. The Mayor restated that there was a motion on the floor to allow one face which would be 48 square feet and the other side would allow for the address location. Upon the vote being taken, the motion carried unanimously. (Clarification of the motion will be needed.) ITEM #8 - Variances to Sign Regulations for property (Poston's Art Supplies and Crafts, Inc.) located at 20505 US19N, Sec. 17-29-15, M&B 32.02 (MacLean, TRE/Clearwater Trust) SV93-32 The applicant is requesting the following variances to permit an attached sign to remain on the west wall of the building: 1) an area variance of 326.5 square feet from the permitted 150 square feet to allow an attached sign with a total area of 476.5 square feet; and 2) a ratio variance of 1.57 square feet of attached sign area per 1.0 linear feet of building width (1.57/1) from the permitted 1.5/1 ratio to allow a ratio of 3.07 square feet of sign area per 1.0 linear feet of building width (3.07/1). The subject property is located on the southeast corner of US19 and Gulf-to-Bay Boulevard and is in the Commercial Center zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The applicant contends that since the subject property is an out parcel of the Clearwater Mall, it does not receive the pedestrian and vehicular visibility of stores in the mall. However, the subject property is located adjacent to US19 and is quite visible to vehicular traffic. Because the store is located on the south end of the building, visibility from Gulf-to-Bay Boulevard can not be improved with attached signage. The applicant has not provided any evidence that these variance requests arise from any conditions unique to this property. These requests are extreme with regard to the permitted area of attached signage and can not be considered minimal requests. Surrounding land uses are: to the north - Perkin's Restaurant (across Gulf-to-Bay Boulevard); to the south - Seville Condominiums; to the east - Clearwater Mall; and to the west - Sam's Club (across US19). The existence of two attached signs with a combined area of 476.5 square feet is not in character with the signage permitted for the commercial businesses in the area. The granting of these variances will detract from the commercial businesses that have conforming signage, permit an unfair advertising advantage to the applicant, and negatively impact the overall appearance of the community. John Richter stated the code allows 1.5 square feet of signage per foot of building width and the applicant is requesting a ratio of 3.07. Marleen Santavicca stated the sign is blocked by trees and a bank building. They have no visibility from the overpass and no signage inside the mall. This building is an outparcel to the mall and they have already reduced the signage on the south side of the building. The Mayor inquired as to why Poston's was different than the Gayfers issue. Mr. Shuford noted that Poston's is not qualified for the bonus as they are not far enough off the roadway but the permitted signage does include an allowance for the ratio. Discussion ensued regarding the bonus given Gayfers and how the calculation was determined. Consensus was that three times as much as what is permitted is excessive. There was discussion regarding what would be a reasonable compromise between what is permitted and what presently exists. The issue of speed on the access road was brought up but it was pointed out that the posted speed limit is 35 miles per hour. There was discussion as to how large a sign should be allowed and it was stated that with a bonus, they would be permitted a sign of 187.5 square feet but the bonus was not applied in the calculations in the agenda item. Commissioner Fitzgerald moved to deny the requested variances for the subject property for failure to meet Section 45.24 Standards for Approval, items 1-3, 5, 6 and 8. The motion was duly seconded. The Mayor clarified that the request was being denied with the understanding they were entitled to a 25% bonus which would permit a sign 187.5 square feet. Commissioner Deegan inquired as to whether the entire area was measured as a sign or just the individual letters. Mr. Shuford responded that they do not count the area between the letters if there is not a sign frame around the lettering. Considerable discussion ensued regarding which sign was being discussed and the applicant stated she thought she was only allowed to have one sign and there are presently two signs. John Richter stated the applicant was correct and she is allowed only one sign. There was confusion in that it was thought the south side complied and the sign facing to the west was what was being discussed. Marleen Santavicca stated the signage is 320 square feet facing west. Discussion ensued regarding the figures being incorrect in the item and she clarified that the sign to the west is 8 feet tall and 40 feet long. She further explained that the sign facing south is 150 square feet and that her request is to keep the sign that presently faces west. Due to the confusion as to what exists and what has been permitted, Mr. Shuford suggested that the item be continued so the discrepancies can be clarified. The motion previously made was withdrawn. Commissioner Deegan moved to continue this item to the next meeting. The motion was duly seconded and carried unanimously. Discussion ensued regarding what needs to be addressed. It was pointed out that the signage facing west does not meet code. The applicant was asked if the words "Arts and Crafts" could be removed from the sign and she indicated it had to remain as Poston's is an individual's last name. The Mayor pointed out that for someone who is not familiar with Poston's, it would be necessary to have the words "Arts and Crafts" included in the signage. Commissioner Deegan asked the applicant if she would be satisfied with the same sign on the west side as she presently has on the south side. The Mayor pointed out that there are several other stores on that side of the building that might possibly come in and request the same thing that is being considered for this applicant. It was stated that even though there are other stores facing west, there is only one other store, the Firestone store, that is on a corner. Commissioner Deegan moved to reconsider the motion to continue this item. The motion was duly seconded. The Mayor expressed concern that they should look at the whole picture and that the other stores on that side might be looking for the same thing that is granted to this applicant and she felt the item should be continued. Upon the vote being taken; Commissioners Fitzgerald, Deegan and Thomas voted "Aye", Mayor Garvey voted "Nay". Motion carried. Commissioner Fitzgerald felt the Mayor's point was well taken and they needed to consider the other stores on that side of the building. He asked Mr. Shuford if staff needed more time to look into this situation. Mr. Shuford stated he felt they needed additional time to investigate the situation unless the consideration was due to the size of the Poston's store. He pointed out that the other stores all have entrances oriented to the west whereas the Poston's store is a corner store. The other stores would be entitled to a bonus also. Commissioner Deegan commented that the other stores would still have to keep their signage in proportion to the size of the stores. The Mayor stated she was trying to give staff time to consider all aspects and to put the reasoning in writing as opposed to trying to address it today due to a concern about setting a precedent. Commissioner Thomas inquired as to whether staff would be able to calculate the linear footage based on drawings that they have to determine whether Poston's was being treated differently than the other stores facing the west. Mr. Shuford stated there is 160 feet on that side of the building and the sign would be in proportion to that size wall. He stated if they were going to look at Poston's as a corner property, they could argue that size sign is suitable for the building. If the building were close to Gulf-to-Bay Boulevard and US19 they would be allowed two signs but because this sign is set way back from the intersection, staff did not consider it a corner property. He stated if Poston's were flip-flopped with Firestone, they would be permitted a 150 square foot sign along Gulf-to-Bay Boulevard and a 187.5 square foot sign on US19. He suggested if they wanted to grant that variance, they should grant an area variance of 337.5 square feet. Discussion ensued that the variance could even be smaller to grant a variance of 300 square feet which would allow her the same size on the west as she has on the south. Commissioner Thomas moved to grant a variance of 150 square feet to allow 300 square feet considering the fact this is a corner property and falls under that guideline. The motion was duly seconded. Commissioner Fitzgerald expressed concern that this might set a precedent for other situations in other areas of the City. He noted problems at Countryside Mall and those with Gayfers. Mr. Shuford stated the Gayfers situation was different in that they only fronted on one street but had two other entrances. He stated changes were made to the code to allow for signage on entrances that do not face streets. Commissioner Fitzgerald expressed his concern that if it is handled that way in one area, it must be handled the same way throughout the City. The Mayor again expressed concern that staff needed to evaluate the situation. Commissioner Deegan inquired as to whether Poston's was entitled to a pole sign due to the fact that it is an outparcel. Commissioner Fitzgerald expressed concern that he did not feel staff was comfortable with trying to justify this without doing more research and looking at how similar situations were addressed in the past. He felt this matter should be continued to allow staff time to investigate. The motion to grant an area variance with withdrawn. Mr. Shuford stated the Commission had given staff direction and they would further investigate the matter and report back. Commissioner Deegan moved to continue the request. The motion was duly seconded and carried unanimously. The City Manager inquired whether the Commission wished all four businesses in the building to be treated the same and consensus was that's part of what needs to be investigated. ITEM #9 - Variances to Sign Regulations for property (Kenyon Dodge) located at 19400 US19S, Sec. 19-29-16, M&B 14.01 (Florida Family Investors, Inc./Baxter & Rinard) SV93-34 Mr. Shuford stated the applicant has requested a continuance. Commissioner Thomas moved to continue this item. The motion was duly seconded and carried unanimously. ITEM #10 - Variances to Sign Regulations for property (Gionis Plaza) located at 490 Mandalay Ave., Clearwater Beach Park Sub., Lots 57-63 and part of Lot 64 (Mary G. Realty, Inc.) SV93-36 The applicant is requesting the following variances to permit a new freestanding sign to be placed on an existing sign pole: 1) an area variance of 14 square feet from the permitted 50 square feet to allow a freestanding sign with a total area of 64 square feet; and 2) a setback variance of 5 feet from the 5 foot setback requirement to allow a freestanding sign zero feet from the street right-of-way. The subject property is located on the southwest corner of Mandalay Avenue and Baymont Street and is in the Beach Commercial zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The existing sign has been damaged. The applicant proposes to place a new sign face on the existing sign pole and lower the existing sign height. The shopping plaza is setback 56.8 feet from the Mandalay Avenue right-of-way. Immediately to the south is an office/retail building with a zero foot setback from the front property line. This structure, built on the property line, limits the visibility of any signage on the subject property. To the north, Mandalay Avenue angles eastward away from the subject property. To the north and across Baymont Street is the Clearwater Beach Hotel. The combination of the directional change of Mandalay Avenue, the existing setback and the heavy landscaping of the hotel, limits the visibility of Gionis Plaza. Given the limited visibility afforded by the adjoining properties, the setback variance request is considered a minimal request to overcome the hardship. If the setback variance is granted, staff determines that a conforming sign area will be sufficient to adequately identify the subject property. The applicant has presented no information to justify the area variance. Surrounding land uses are: to the north - Clearwater Beach Hotel; to the south - office and indoor retail; to the east - indoor retail; and to the west - Holiday Hotel. Regarding the area variance request, staff finds that of the eight standards which must be met for variance approval, this request does not meet the following: 1) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance; 2) The particular physical surroundings, shape or topographical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant; 3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in #2 for the purpose of making reasonable use of the land; 4) The request for a variance is not based primarily upon the desire of the applicant to secure a greater financial return from the property; and 8) The granting of the variance desired will not violate the general spirit and intent of this development code. John Richter stated the sign was damaged and the proposed new sign will meet all code requirements except area and setback. Staff recommends the setback be granted with three conditions but the area variance be denied. Nick Gionis stated his property is unique as it is the only plaza on Clearwater Beach. He stated there can be up to nine stores in the plaza and signage for nine stores in a 50 square foot sign would be very small. There are presently only five businesses in the plaza. Tom Gionis spoke and stated it is difficult to find the plaza due to other buildings in the area being built to the property line. Discussion ensued regarding the fact that the setback variance was justified but it would be difficult to grant a variance for the size. Due to prior actions taken by the Commission, it would be difficult to grant the area variance as a precedent for other businesses on Mandalay has already been set. Commissioner Thomas inquired as to whether a compromise could be made with both the applicant and the rest of the Commission. If the reader board area were cut in half to a space of 18 inches instead of 3 feet, only a minimum variance would be needed. Commissioner Deegan stated if the compromise was acceptable, they would only need a variance of 4 feet. The Mayor expressed the opinion that because they are putting up a new sign, they should comply with the code. Nick Gionis again commented that a 50 square foot sign with nine businesses on it would be very difficult to read. The Mayor pointed out that Connell Plaza on Gulf-to-Bay Boulevard had to reduce their signage. At that time it was discussed that the name of the plaza and address were important to finding the businesses located in that plaza. Nick Gionis stated that in the case of Connell Plaza, you can see the stores prior to getting to the center whereas with Gionis Plaza, you can not see any of the stores until you are directly in front of the plaza. Discussion ensued as to whether having the name of the plaza and address was sufficient as opposed to listing the individual stores on the sign. Commissioner Fitzgerald questioned why they should not be required to conform if it is a new sign. Nick Gionis stated the sign company has already built the sign but he does not have to accept it. Tom Gionis stated he felt a one foot variance was minimal and stated they are trying to meet the code. Commissioner Deegan stated he understood the Mayor's concern that they comply if it is a new sign but felt there is a visibility problem. Mr. Shuford stated they could allow the same square footage as the Connell Plaza sign but it would require an area variance. The Mayor pointed out that there is a difference in the speed limit between Gulf-to-Bay Boulevard and Mandalay Avenue. Commissioner Deegan stated he felt Commissioner Thomas' compromise was a good one. Commissioner Fitzgerald stated he had a problem with granting the variance because they were starting from scratch. Nick Gionis stated there are 12 meters for electric and water. Discussion ensued that the sign was not just for one business. Commissioner Fitzgerald expressed the opinion that it was up to the owner to determine how the sign should be divided among the tenants. Commissioner Deegan stated there should have been provisions made to allow adequate signage for listing all the businesses. Commissioner Fitzgerald again stated that since they are putting up a new sign, they should conform. Commissioner Thomas stated a plaza needs spaces for multitudes of tenants. He will support a 50 square foot sign with the assurance that all signs on the beach are 50 square feet. Mr. Shuford pointed out there are 3 different commercial zonings on the beach. Commissioner Thomas stated a freestanding pole sign is limited to 50 square feet and if no variances have been granted on the beach to allow a larger sign, he does not wish to give the applicant more than anyone else. He pointed out that the existing sign is a safety hazard because it is broken and tilting. Commissioner Thomas moved to approve a setback variance of 5 feet for the subject property subject to: 1) all other sign code requirements being met for the subject sign, including area and height requirements; 2) the requisite sign permit shall be obtained within one month of the date of this public hearing; and 3) the sign shall be installed within 90 days of the date of this public hearing; and to deny the requested area variance for failure to meet Section 45.24 Standards for Approval, items 1-4 and 8 subject to the condition that staff will confirm that no exceptions have been given on freestanding signs on Clearwater Beach greater than 50 square feet. If there have been variances granted for freestanding signs greater than 50 square feet on Clearwater Beach they will come back to the Commission immediately before they deal with this issue and inform the Commission of what the exceptions are so that the matter can be reevaluated. The motion was duly seconded and carried unanimously. ITEM #11 - Variance to Sign Regulations for property (Apple Insurance of Clearwater, Inc.) located at 101 Missouri Ave., N., Padgett's Estates Resub., Lot 1 and part of Lot 2 and Padgett's Estates Sub., part of Lot 10 (James H. Marshall, Jr./Kumjo L. Marshall) SV93-47 The applicant is requesting an area variance of 22.98 square feet from the 24 square feet permitted to allow an existing freestanding sign to remain with a total area of 46.98 square feet The subject property is located on the northeast corner of Missouri Avenue and Grove Street and is in the Limited Office zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The applicant contends that the property was zoned commercial when the property was purchased and the sign conformed to the code requirements of the commercial district. In December of 1982, the City initiated rezoning of an area that included the subject property from General Commercial to Professional Services, the equivalent to the OL district. However, this condition is not unique because many properties have been rezoned over the years, and the applicant has not provided any evidence this variance request arises from any other conditions unique to this property. This variance request is extreme with regard to the permitted area of the sign and can not be considered a minimal request. Surrounding land uses are: to the north - two family dwelling; to the south - single family, professional office; to the east - multiple family residential; and to the west - C. E. Snedeker Companies (professional offices). The existence of this 46.98 square feet sign is not in character with the signage permitted for the surrounding residential and professional office areas and diverts attention from those land uses. The granting of this variance would allow a freestanding sign with a greater area than that permitted for the surrounding land uses, allow an unfair advertising advantage to the applicant, detract from the surrounding land uses that have conforming signage, and negatively impact the overall appearance of the community. Staff finds that of the eight standards which must be met for variance approval, the applicant's request does not meet the following: 1) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance; 2) The particular physical surroundings, shape or topographical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant; 3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in #2 for the purpose of making reasonable use of the land; 5) The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located; 6) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, detract from the appearance of the community, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property; and 8) The granting of the variance desired will not violate the general spirit and intent of this development code. The applicant stated he has surveys that show he owns land to the highway, including the land that the City has placed the sidewalk on. He explained that he did not contest the rezoning as it did not affect the way he was using the property. The entrance to his property is on Grove Street, not Missouri Avenue. If he does not have adequate signage, his place of business will not be seen from either direction. He stated he is planning to remove the top panel to bring the sign height into conformance. In response to a question regarding what affect that would have on the area of the sign, Mr. Shuford responded that if one panel was removed, the sign would meet the area requirements. Commissioner Thomas stated there are plans to widen Missouri Avenue from Cleveland to Drew Street which could make this a commercial corridor. He inquired as to what signage would be permitted should this become commercial. Mr. Shuford responded that should the zoning change when the roadway is widened, the existing sign would conform to those regulations and would in fact be smaller. Discussion ensued as to whether there was reason to require the applicant to change the sign if it is possible in the future that the sign will be conforming. It was pointed out that there are no definite plans at this time and there is no guarantee that a change in zoning will occur. Commissioner Thomas confirmed with the applicant that he was willing to bring the height of the sign down to eight feet and use the existing panels. Commissioner Deegan moved to deny the requested variance for the subject property for failure to meet Section 45.24 Standards for Approval, items 1-3, 5, 6 and 8. The motion was duly seconded. Upon the vote being taken; Commissioners Deegan, Fitzgerald and Mayor Garvey voted "Aye", Commissioner Thomas voted "Nay". Motion carried. ITEM #12 - Variance to Sign Regulations for property (Country Square) located at 25000 US19N, Sec. 31-28-16, M&B 44.03 (PPS Interest) SV93-51 The applicant is requesting a setback variance of 5 feet from the required 5 foot setback to allow an existing freestanding sign to remain zero feet from the US19 right-of-way. The subject property is located on the west side of US19, across from McCormick Drive and is in the Highway Commercial zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The sign is located between the sidewalk and the drive entrances to the parking lot. Without redesigning the entire parking lot layout, the closest available location would place the sign 40 feet back from the right-of-way. The existing parking lot entrance and driveway locations create a condition unique to this property. This variance request is the minimum necessary to overcome the hardship of the existing drive entrance location and parking lot layout. Surrounding land uses are: to the north - Florida Power Company easement; to the south - Hillcrest Villas; to the east - Prestige Park professional offices, Ken Marks Ford; and to the west - Florida Power Company substation. Commercial uses surround the subject property. The existence of this freestanding sign is in character with the signage permitted for the commercial businesses in the area. The granting of this variance will not detract from the commercial businesses that have conforming signage and will not negatively impact the overall appearance of the community. Staff finds the applicant's request meets all eight standards for variance approval. John Richter stated that one letter in opposition had been received stating there have been other variances requested and approved for this property over the years. Commissioner Thomas moved to approve a setback variance of 5 feet for the subject property. The motion was duly seconded and carried unanimously. ITEM #13 - Variances to Sign Regulations for property (Hungry Howie's Pizza & Subs) located at 26024 US19, Sec. 31-28-16, M&B 11.05 (Virginia L. Hearn, TRE) SV93-53 The applicant is requesting the following variances to permit an existing freestanding sign to remain: 1) an area variance of 34.75 square feet from the permitted 112 square feet to allow a total area of 146.75 square feet; 2) a height variance of 3 feet from the permitted 20 feet to allow a freestanding sign 23 feet in height; and 3) a variance of 2 sign panels from the permitted 2 sign panels to allow a total of 4 sign panels on a single freestanding sign. The subject property is located on the west side of US19, approximately 220 feet south of Enterprise Road and is in the Highway Commercial zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The applicant states these variance requests are being made to allow the sign to remain until the FDOT decides on the placement of an overpass at the intersection of US19 and Enterprise Road. It should be noted that the design of this intersection is final and does not include an overpass at this intersection. There are no particular physical surroundings, shape or topographical conditions involved creating a hardship for this property. The applicant has not provided any evidence that these variance requests arise from any conditions unique to this property. These variance requests are extreme with regard to the permitted area, height, and number of message panels permitted for a freestanding sign and can not be considered minimal requests. Surrounding land uses are: to the north - Peaches Music & Video; to the south - Florida Power Company right-of-way; to the east - TGI Fridays restaurant, commerce professional office building; and to the west - Allstate/Dean Witter professional offices. Commercial and professional office uses surround the subject property. The existence of this 146.75 square feet, 23 foot high, freestanding sign with 4 message panels is not in character with the signage permitted for the commercial businesses. The granting of these variances will detract from the commercial businesses that have conforming signage, permit an unfair advertising advantage to the applicant, and negatively impact the overall appearance of the community. Mr. Shuford suggested a possible compromise might be for the applicant to remove one of the sign panels, either the top one or one of the two lower ones and then lower the remainder of the sign which would allow them to meet both the height and the area requirements. Jim Hearn stated the lower sign was a temporary wood sign which could be removed allowing them to meet the area requirement. Mr. Shuford responded this would still require a height variance and one sign panel variance. Jim Hearn stated there was a lot of road construction going on in the area and he had been told there was a possibility of an overpass being put in. After some discussion, Mr. Shuford clarified that if the bottom panel is removed and the sign is brought down to 20 feet in height, they would need variances for 2 3/4 square feet in area and for the number of panels. Jim Hearn stated the top panel is notched and if the square footage were calculated less the notch, they might be in conformance. Commissioner Thomas suggested that if the bottom panel were removed and the remaining panels were unbolted and slid down the poles without air space between them, it would become one sign. Mr. Canealy stated they hoped at this time to keep the sign as it is until the construction has been completed. Many of their customers are elderly and large pieces of road equipment are parked in front of their business. Commissioner Thomas moved to approve a sign area variance of 2.75 square feet to permit a sign 114.75 square feet where 112 square feet is allowed subject to the following conditions: 1) the bottom sign panel (32 square foot wooden panel regarding the buffet) shall be removed immediately and 2) the sign shall be brought into compliance with all other sign code requirements within six (6) months of the date of this public hearing. The motion was duly seconded and carried unanimously. ITEM #14 - Variance to Sign Regulations for property (West Coast Varsity Club) located at 24091 US19N, Sec. 5-29-15, M&B 23.05 (Gloria M. Robert, TRE/Rolf Robert Trust) SV93-54 The applicant is requesting a ratio variance of 16 square feet from the permitted 57 square feet (based upon 1.5 square feet per 1.0 linear foot of building width) to allow an existing attached sign to remain with a total of 72 square feet. Although the applicant has requested a 16 square foot area variance, a variance of only 15 square feet is needed to allow the sign to remain. The subject property is located in the Harbor Square Shopping Center on the northeast corner of US19 and Sunset Point Road and is in the Commercial Center zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The applicant contends that the location of the laundromat in the southwest corner of the structure and the 390 foot setback from US19 are conditions unique to this property. The sign area is calculated by 1.5 square feet per 1.0 feet of linear building frontage. Bonus provisions are applied to structures with excessive setbacks, however, in no case shall any sign bonus allow a sign which exceeds the 1.5/1.0 ratio. The applicant has not provided any evidence that the variance request arises from any conditions unique to this property. This variance request is extreme with regard to the permitted area of an attached sign and can not be considered a minimal request. Surrounding land uses are: to the north - Capri Mobile Home Park; to the south - McNeil Automotive Wholesale Used Cars; to the east - vacant lots; and to the west - Shell gas station (across US19). The existence of this 72 square foot attached sign is not in character with the signage permitted for the commercial businesses in the area. The granting of this variance will detract from the commercial businesses that have conforming signage, permit an unfair advertising advantage to the applicant, and negatively impact the overall appearance of the community. John Richter stated the laundromat cuts out a corner at the front of the Varsity Club. The building is 390 feet from US19 but the business does not qualify for the bonus due to the frontage which belongs to the laundromat. He stated ordinarily the Varsity Club would be entitled to a bonus due to its distance from US19, however, the ratio is not sufficient to accommodate the bonus. Jody Mullar stated that the Checkers was constructed six months after they signed their lease and they are being penalized due to the portion of their store frontage which has been cut out to accommodate the laundromat. She indicated she would need to remove 6 inches off both the top and the bottom of the sign to conform. Commissioner Thomas inquired as to what size sign would be permitted were it not for the laundry taking away 30 feet of linear frontage. Mr. Richter stated the existing sign would fall within the allowance of the code and in fact a larger sign would be permitted. Commissioner Deegan moved to approve the variance due to a unique condition not caused by the applicant. The motion was duly seconded and carried unanimously. ITEM #15 - Variance to Sign Regulations for property (McDonald's) located at 23837 US19N, Sec. 5-29-16, M&B 32.01 (J-W Venture c/o Janelli) SV93-56 The applicant is requesting the following variance to allow an existing menu board to remain: a height variance of 1.08 feet from the permitted 6 feet to permit a total height of 7.08 feet. The subject property is located on the southeast corner of US19 and South Drive and is in the Highway Commercial zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The existing menu board is located at the rear of the restaurant and is not viewable from any public right-of-way. A six foot high privacy fence is between the restaurant and the single family residences to the east. The sign is directed away from South Drive and can not be seen by motorists. These factors combine to create a condition unique to the sign on this property. This variance request for 1.08 feet in height for a sign that is viewable only to drive through customers is considered to be a minimal request. Surrounding land uses are: to the north - U-Haul rental center; to the south - vacant land; to the east - single family residential neighborhood; and to the west - Sunset Point 19 Shopping Center. The existence of this 7.08 foot menu board is in character with the signage permitted for other drive through restaurants in the community. The granting of this variance will not negatively impact the overall appearance of the community. Staff finds the applicant's request meet all eight standards for variance approval. Commissioner Thomas moved to approve a height variance of 1.08 feet for the subject property, subject to the condition that no appurtenances will be added to increase the area of the sign beyond the permitted 24 square feet. The motion was duly seconded and carried unanimously. ITEM #16 - Variance to Sign Regulations for property (30 Minute Coin Laundromat) located at 1645 Gulf-to-Bay Blvd., Gulf-to-Bay Shopping Center, Lot 4 (Bruno) SV93-69 The applicant is requesting the following variance to permit an existing attached sign to remain: an area variance of 14 square feet from the permitted 27 square feet (based upon building frontage) to allow an attached sign with a total area of 41 square feet The variance is to the ratio of sign size to building width requirements. The subject property is located on the southeast corner of Gulf-to-Bay Boulevard and Keystone Avenue and is in the Commercial Center zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The applicant contends this business is not listed on the freestanding sign at the shopping center entrance and the business is setback more than 300 feet from Gulf-to-Bay Boulevard. Staff finds the advertising on the freestanding sign an issue to be settled between the tenant and the owner of the shopping center. Furthermore, all the stores in this shopping center have the same setback and staff does not find these conditions to be unique to this business. The applicant has not provided any evidence that this variance request arises from any conditions unique to this property. This variance request is extreme with regard to the permitted area of attached signage permitted and can not be considered a minimal request. Surrounding land uses are: to the north - Buddy Bi-Rite rentals; to the south - single family residential (across Turner St.); to the east - shopping center; and to the west - single family residential. The existence of this 41 square feet attached sign on a store with 18 linear feet of frontage is not in character with the signage permitted for the commercial businesses in the shopping center. The granting of this variance will detract from the commercial businesses that have conforming signage, permit an unfair advertising advantage to the applicant, and negatively impact the overall appearance of the community. Ralph Mazikoske, representing the applicant, stated the business has been there for 35 years and that it is blocked by the building constructed in front of it near Gulf-to-Bay Boulevard. In response to a question as to whether this property qualifies for a bonus due to distance from Gulf-to-Bay Boulevard, Mr. Richter stated he did not note that a bonus had been included and that possibly due to the Buddy Buy Rite store being situated between Gulf-to-Bay Boulevard and this business, it was determined it did not qualify as fronting on Gulf-to-Bay Boulevard. Mr. Mazikoske stated the name of his business is not on the freestanding sign for the shopping center. Placing the sign on the side of the building would not be advantageous as it could not been seen from Gulf-to-Bay Boulevard except at a certain point. He pointed out the shopping center will be remodeled similar to the remodeling by the Walgreens portion of the center. Discussion ensued regarding placing the sign on the side of the building. Mr. Shuford stated that if the existing sign were placed on the side of the building, they would be allowed an additional 23 square foot sign on the front of the building. He also noted that the sign bonus could not be applied in this instance as it can not exceed 1.5 square feet of signage per building width and the width of this store would not allow the bonus. It was determined that if he were eligible for the bonus, the applicant would be allowed 45 square feet and his existing sign is only 41 square feet but the sign code states that in no case shall a sign be more than 1.5 feet per the linear front footage of the business. Commissioner Deegan moved to approve the request on the grounds that there is a unique condition posed by the interposition of a structure between the street and this place of business. The motion was duly seconded and upon the vote being taken Commissioners Fitzgerald, Deegan, and Thomas voted "Aye;" Mayor Garvey voted "Nay." Motion carried. ITEM #17 - Variances to Sign Regulations for property (Goodyear Auto Service Center) located at 2200 Gulf-to-Bay Blvd., Sec. 18-29-16, M&B 23.12 (Moyles, III) SV93-73 The applicant is requesting the following variances to permit the existing attached signage to remain: 1) an area variance of 20 square feet from the permitted 64 square feet to allow a total of 84 square feet of attached signage oriented to Belcher Road; and 2) an area variance of 72 square feet from the permitted 64 square feet to allow a total of 136 square feet of attached signage oriented to Gulf-to-Bay Boulevard. The subject property is located on the northeast corner of Gulf-to-Bay Boulevard and Belcher Road and is in the General Commerical zoning district. The new sign ordinance is being uniformly applied to all signs in this zoning district. The applicant contends the present attached signage fronts both Gulf-to-Bay Boulevard and Belcher Road and conforms to the general rule of 1.5 square feet of signage permitted per one foot of building width. Furthermore, the applicant states the wall signs are not disproportionate to the wall area. While the attached signage area does not exceed the 1.5 square feet per one foot of building frontage, both variance requests are to the maximum area permitted of 64 square feet Because this site is on the corner of two arterial roads, the applicant is entitled to have 64 square feet of attached signage toward each street. Staff finds these are not conditions that are unique to this property. This site also has two freestanding signs that face both Belcher Road and Gulf-to-Bay Boulevard. Both of these signs comply with the sign regulations. These variance requests are extreme with regard to the permitted area of attached signage and can not be considered minimal requests. Surrounding land uses are: to the north - Mobile Home Park; to the south - Union 76 Gas Station (across Gulf-to-Bay); to the east - Mr. Submarine Restaurant; and to the west - Amoco Gas Station (across Belcher). The 84 square feet of attached signage that faces Belcher Road and the 136 square feet of attached signage that faces Gulf-to-Bay Boulevard are not in character with the signage permitted for the surrounding commercial businesses in the area. The granting of these variances will detract from the commercial businesses that have conforming signage, permit an unfair advertising advantage to the applicant, and negatively impact the overall appearance of the community. No one was present representing the applicant. Staff finds that of the eight standards which must be met for variance approval, the applicant's request does not meet the following: 1) The variance requested arises from a condition which is unique to the property in question and is neither ordinarily or uniformly applicable to the zoning district nor created by an action or actions of the property owner, predecessor in title, or the applicant. Any mistake made in the execution of a building permit or work performed without the benefit of a permit shall not be considered to be situations which support the granting of a variance; 2) The particular physical surroundings, shape or topographical conditions of the property involved and the strict application of the provisions of this development code would result in an unnecessary hardship upon the applicant; 3) The variance is the minimum necessary to overcome the unnecessary hardship referred to in #2 for the purpose of making reasonable use of the land; 6) The granting of the variance will not impair an adequate supply of light or ventilation to adjacent property, detract from the appearance of the community, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety in any way, or substantially diminish or impair the value of surrounding property; and 8) The granting of the variance desired will not violate the general spirit and intent of this development code. Commissioner Thomas moved to deny the requested variances for the subject property for failure to meet Section 45.24 Standards for Approval, items 1-3, 6 and 8. The motion was duly seconded and carried unanimously. Sale of Sun Bank Building The City Attorney reported they are trying to establish a closing date for November 24 or November 29 for the Sun Bank Building. He will attempt to have as many documents pre-signed as possible. In response to a question as to whether any of the Commissioners need to be present at the closing, he expressed a concern that if there were more than one Commissioner present, it would create a problem with the Sunshine Law. He felt it would not be necessary for any Commissioners to be present as long as he could get documents signed by having them hand carried to one of the Commissioners. The meeting adjourned at 1:54 p.m.