03/21/1994 CITY COMMISSION SPECIAL MEETING
March 21, 1994
The City Commission of the City of Clearwater met in special session at City Hall, Monday, March 21, 1994 at 9:04 a.m., with the following members present:
Rita Garvey Mayor/Commissioner
Arthur X. Deegan, II Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Fred A. Thomas Commissioner
Also present:
Elizabeth M. Deptula Interim City Manager
M.A. Galbraith, Jr. City Attorney
Scott Shuford Central Permitting Director
Susan Stephenson Deputy City Clerk
Public Hearings were held concerning the following sign variance requests.
ITEM A - (cont from 2-7-94) Valentinos Koumoulidis (Mr. Submarine) for variances of (1) 24.5 sq ft to permit 88.5 sq ft freestanding sign; and (2) 293.9 sq ft to permit a total of 357.9
sq ft of attached sign area to permit nonconforming signage to remain at 1010 Cleveland St, Sarah McMullen's Sub, Blk 3, part of Lot 9, zoned UC(E) (Urban Center East). SV 92-97
Commissioner Deegan moved to continue this item to April 19, 1994. The motion was duly seconded and carried unanimously.
ITEM B - (cont from 2-7-94) Richard O. Davison (Bay Area Neuro Muscular) for a variance of 7 ft in sign height to permit a 27 ft freestanding sign to permit nonconforming signage to
remain at 1450 Gulf-to-Bay Blvd, Knollwood Replat, Blk 3, Lot 13, zoned CG (General Commercial). SV 93-13
Commissioner Berfield moved to continue this item to April 19, 1994. The motion was duly seconded and carried unanimously.
ITEM C - (cont from 2-7-94) Arthur H. & Mary L. Bruno (Clearwater Mattress Co, Inc) for variances of (1) 294.46 sq ft to permit a total of 354.46 sq ft of attached signage area; and
(2) one permanent window sign to permit 4 attached signs of the same type to permit nonconforming signage to remain at 1659 Gulf-to-Bay Blvd, Gulf-to-Bay Shopping Center, Lots 3 & 4,
zoned CC (Commercial Center). SV 93-19
Commissioner Berfield moved to continue this item to April 19, 1994. The motion was
duly seconded and carried unanimously.
ITEM D - (cont from 2-7-94) Helika Properties (Clearwater Mattress Co, Inc) for variances of (1) 15 ft to permit a freestanding sign 35 ft in height; (2) 2 above roof signs where such
signs are prohibited; (3) 12 sq ft to permit 120 sq ft of attached sign area on north face of business; and (4) 150 sq ft to permit 229.5 sq ft of attached sign area on east face of
business to permit nonconforming signage to remain at 20258 US Hwy 19 N, Sec 18-29-16, M&B 44.01, zoned CH (Highway Commercial). SV 93-22
Commissioner Berfield moved to continue this item to April 19, 1994. The motion was duly seconded and carried unanimously.
ITEM E - (cont from 2-7-94) Curtis A & Marian Jackson (Clearwater Outboard) for variances (1) of 209.6 sq ft to permit 273.6 sq ft of attached signage; (2) to permit a roof sign where
such signs are prohibited; and (3) of 4 attached signs to permit 9 attached signs to permit nonconforming signage to remain at 603 Missouri Ave S, Hibiscus Gardens, Blk V, Lots 6, 7,
8, 9A, 9B & 10 less street, zoned CG (General Commercial).
SV 93-60
The applicant is requesting the following variances to permit the existing attached signage to remain: 1) an area variance of 209.6 square feet from the permitted 64 square feet to
allow a total area of 273.6 square feet for the attached wall and roof signs; 2) a variance to allow a roof sign where roof signs are prohibited; and 3) a variance of 4 attached signs
from the permitted 5 attached signs to allow a total of 9 attached signs.
The subject property is located on the southeast corner of Turner Street and Missouri Avenue and is in the CG zoning district.
The applicant states this business sits in a depression in Missouri Avenue and has no freestanding sign. While it is true this business and the surrounding area is located at the base
of a decline in Missouri Avenue, the elevation of this business location is not a condition unique to this property. Further, a freestanding sign is permitted at this property, and
is an option the applicant may wish to consider.
The existence of these eight attached signs and one attached roof sign with a total area of 273.6 square feet is not in character with the signs permitted for the commercial businesses
in the area. The granting of these variances will detract from the commercial businesses that have conforming signs, permit an unfair advertising advantage to the applicant, and negatively
impact the overall appearance of the community.
Staff feels the applicant's variance requests do not meet the standards for variance approval.
John Richter explained the application in detail. He pointed out that the canopy sign on the adjacent business violates the code as it is three dimensional and includes an advertisement.
Code Enforcement has been notified. He indicated the applicant is not
interested in erecting a free standing sign on the property even though a 20 foot high sign could be seen over the canopy. He did not feel the depression in the road creates a unique
condition.
Robert Peruche, owner, stated since the name "Clearwater Outboard" does not identify the merchandise he sells, he needs additional signage to identify those specific products. He is
compelled to display a Mercruiser sign and would prefer to retain at least four signs identifying the products he sells. Elimination of some signs would be costly because he receives
a rebate for exhibiting some of them. He feels a pole sign on the property would be inconvenient as he displays boats in front of his business and he can maneuver them without entering
Missouri Avenue.
Mr. Richter stated if the pole sign were placed at the south end of the property near the canopy, it should not interfere with maneuverability in front of the building.
Commissioner Thomas requested the applicant indicate on the photographs which signs he was willing to eliminate. Mr. Peruche complied.
Mr. Peruche indicated he would like to move his franchise sign from the roof and place it under the front eave, eliminate the Force Outboard sign, relocate the Mercruiser sign to the
north end of the overhang, remove Checkmate from the side of the building, and keep the Mercury Outboard sign. The remainder of the signage will be removed or painted over.
Mr. Richter stated with the elimination of the signs Mr. Peruche indicated on the photographs, a variance of 89.7 square feet is needed for the area variance. There is no need for
a variance for a roof sign or the number of signs. Staff feels that free standing signs create more clutter than attached signs.
Mr. Peruche stated all window signs have been removed.
Commissioner Berfield questioned whether additional signs were allowed since the property is on a corner. Mr. Richter responded this is not the case.
Commissioner Thomas moved to approve an area variance of 89.7 square feet to permit a total of 153.7 square feet for the subject property subject to the following conditions: 1) with
the understanding there are no more than four (4) attached signs and 2) there will be no freestanding signs; and to deny the requested variance for a roof sign for failure to meet Section
45.24, Standards for Approval, items 1-8. The motion was duly seconded and carried unanimously.
ITEM F - (cont from 2-7-94) Marks & Gilliss, Inc/Marks Holding Co, Inc (Ken Marks Ford) for variances of (1) 37.5 sq ft in area to permit a freestanding sign of 149.5 sq ft; (2) 144
sq ft in area to permit an auxiliary sign of 200 sq ft; (3) 8 ft in height to permit an auxiliary sign of 20 ft in height; and (4) 18 ft in distance to permit an auxiliary sign with
a distance of 282 ft from the primary sign to permit nonconforming signage to remain at 24791 & 24825 US Hwy 19 N, Ken Marks Ford, Blk A, Lot 1 together with Ken Marks Ford 1st Add Sub,
Lot 1, zoned CH (Highway Commercial). SV 93-65
Commissioner Thomas moved to continue this item to April 19, 1994. The motion was duly seconded and carried unanimously.
ITEM G - (cont from 3-7-94) Manuel & Evangeline Kastrenakes (Pinellas Rent A Car, Inc) for variances of (1) 16 ft to permit a 36 ft high freestanding sign; (2) 64.8 sq ft to permit a
176.8 sq ft freestanding sign to remain; and (3) to permit a second allowable freestanding sign to be oriented to same street as primary freestanding sign to permit nonconforming signage
to remain at 19206 US Hwy 19 N, Sec 19-29-16, M&B 14.06, zoned CH (Highway Commercial). SV 93-16
The applicant is requesting the following variances to allow the continuation of two freestanding signs oriented to US Hwy 19 N: 1) an area variance of 64.8 square feet from the permitted
112 square feet to allow a freestanding sign with a total area of 176.8 square feet; 2) a height variance of 16 feet from the permitted 20 feet to allow a freestanding sign with a total
height of 36 feet; and 3) a variance to permit a second freestanding sign oriented to US Hwy 19 N.
The subject property is located on the northwest corner of US Hwy 19 N and Harn Boulevard and is in the CH zoning district.
The subject property is developed with two freestanding signs; both are oriented to US Hwy 19 N. Because the property fronts on two major thoroughfares, US Hwy 19 N and Harn Boulevard,
two freestanding signs may be placed on the property, one oriented to each major thoroughfare. This property does not qualify for two sign on US Hwy 19 N. The property, less than one
acre, is rather small in size compared to other US Hwy 19 N properties. Also, the frontage of about 200 feet on US Hwy 19 N is small by highway standards. Allowing two signs on US
Hwy 19 N on a property of this size and frontage would establish an undesirable precedent.
The primary freestanding sign has an area of 176 square feet, approximately 50% larger than allowed by code. Due to the volume of traffic on US Hwy 19 N, the applicant contends this
sign area is necessary for the safety of travelers. The applicant also contends the topography of US Hwy 19 N north of this property makes it necessary for the primary sign to have
a height of 36 feet. Staff notes that US Hwy 19 N, both north and south of this property, is straight and flat. No physical surroundings, shape or topographical conditions cause the
property to be unique or justify a hardship for this property owner. The sign size and height allocations specified in the code are designed to facilitate identification of businesses,
reduce the clutter and confusion brought about by a proliferation of signs, and enhance traffic safety.
The existence of two freestanding signs oriented to US Hwy 19 N with a combined area of 226 square feet is not in character with signage permitted for other businesses or properties
in the area. Granting these variances will detract from properties with conforming signs, permit an unfair advertising advantage to this applicant, and negatively impact the appearance
of the community.
Staff feels the applicant's requests do not meet the standards for variance approval.
Mr. Richter explained the application in detail and noted the applicant is entitled to two signs, one fronting each road, because the property is located on two major thoroughfares.
The sign code was designed to enhance traffic safety.
Michael Boutzoukas, attorney representing the applicant, stated they are requesting an increase in area for the taller sign on the southern portion of the property which will measure
120 square feet in area and they are requesting the sign be permitted to remain 30 feet high. The second sign will contain 50 square feet of area and will need a variance of 8 feet
in height to allow it to be 20 feet high instead of 12 feet.
Mr. Boutzoukas stated this business provides a service to tourists and, due to the flatness of the road in this area, signs are not easily seen. The sign will be difficult to see at
a height of 20 feet. He noted two poles erected by Florida Power somewhat obstruct the sign from the view of motorists approaching southbound on US Hwy 19 N.
Commissioner Thomas questioned if the auto dealership to the north is located in the County or City. Mr. Richter responded the dealership is in the City and requests for variances
to their signage are scheduled to be heard at the April 19, 1994 meeting.
Commissioner Thomas questioned historic precedent in order to ensure that this case is treated fairly.
Mr. Richter noted variances of two or three feet are typically considered minimum.
Commissioner Thomas questioned how the second sign can qualify as a Harn Boulevard sign and if a 45 degree angle would satisfy this requirement.
Mr. Richter responded that 45 degrees is generally the cut off point. The existing sign must be oriented more toward Harn than it presently is. In response to a question, Mr. Richter
noted that both signs may be 112 square feet in area. Commissioner Thomas noted the smaller sign on US Hwy 19 N is a tradeoff for the larger sign on Harn.
Mr. Richter explained it will be necessary to relocate the sign closer to Harn Boulevard for it to be legal. Merely angling the sign will not suffice.
Discussion ensued regarding permitted signage and where it can be located.
Mr. Shuford suggested the Commission grant a variance of eight square feet to permit a 120 square foot sign subject to the second freestanding sign being oriented toward Harn Boulevard
with a square footage of 50 square feet.
Commissioner Thomas moved to approve a variance of 8 square feet to permit a 120 square foot freestanding sign subject to the condition that the second freestanding sign on the
property be oriented to Harn Boulevard, not exceeding a height of 20 feet and an area of 50 square feet for the subject property for meeting Section 45.24, Standards for Approval. The
motion was duly seconded and carried unanimously.
ITEM H - (cont from 3-7-94) True Realty Corp (Toys "R" Us) for a variance of 14.6 ft in height to permit a freestanding sign of 37.6 ft in height to permit nonconforming signage to remain
at 26286 US Hwy 19 N, Village at Countryside, Parcel 4 Replat, Lot 2 less road on east, zoned CC (Commercial Center). SV 93-95
The applicant is requesting the following variance to permit the existing freestanding sign to remain: a height variance of 14.6 feet from the permitted 23 feet to allow a sign 37.6
feet high.
The subject property is located on the west side of US Hwy 19 N, south of Countryside Boulevard, and is in the CC zoning district.
The applicant indicates the variance is requested due to the roadway construction on US Hwy 19 N in front of this property. That is, an overpass being constructed for the Countryside
Boulevard intersection causes the roadway to be at a higher elevation than would be the case if there is no overpass.
Staff notes the sign code allows additional height for signs in proximity to overpasses for the purpose of allowing signs to be viewed from the roadway. Specifically, the code permits
signs as high as 10 feet above the crown of the roadway on the overpass alongside the sign. In this case, the crown of the roadway is 13 feet above the ground elevation at the sign,
and a 23 foot sign height is permitted by code. Consequently, the code is designed to provide relief in locations where overpasses exist, thereby eliminating the need for height variances.
The existence of this 37.6 foot high sign is not in character with the signage permitted for the surrounding commercial areas and diverts attention from those land uses. The granting
of this variance will detract from the surrounding businesses that have signs of conforming height and will negatively affect the appearance of the community.
Staff feels the applicant's variance request does not meet the standards for variance approval.
Mr. Shuford reported that the applicant is willing to relocate Geoffrey, the giraffe, on the sign but would still be requesting a variance to allow the sign to be 30 feet high. In
order to allow driveway access, the sign is set back further than required. If Geoffrey were placed on the east side of the sign, he would be more visible.
Butch Jackson, representing the applicant, stated the applicant has completed line site studies regarding this sign and feels the sign alone will not be an identifying factor. When
vehicles head south on the frontage road, trees and clutter block the view of the sign. The existing height provides good visibility. He noted they require a height variance of seven
feet and will relocate Geoffrey below the rectangular portion of the sign, which is not proposed to be
changed.
Commissioner Thomas inquired if the applicant would prefer to relocate Geoffrey below the rectangle and have a sign 20 feet high or leave Geoffrey at the top so it remains similar to
other Toys "R" Us signs.
Mr. Jackson indicated his client would prefer Geoffrey in the box rather than lower the height of the rectangular portion of the sign.
Commissioner Thomas noted Geoffrey, sticking up at the top of the sign, is the symbol for Toys "R" Us. He said only a four and a half foot variance would be required if the box portion
of the sign were reduced to 20 feet and Geoffrey returned to his traditional location.
Mr. Jackson noted if Geoffrey is relocated anywhere on the rectangle other than its present location, structural changes will be required.
The Mayor noted Commissioner Thomas' suggested compromise was reasonable.
Commissioner Thomas moved to approve a variance of 4.5 feet in height to allow the rectangular portion of the sign to be at a height of 20 feet with Geoffrey (7.5 ft tall) being placed
at the top for the subject property for meeting Section 45.24, Standards for Approval. The motion was duly seconded. Upon the vote being taken; Mayor Garvey and Commissioners Fitzgerald,
Deegan and Thomas voted "Aye," Commissioner Berfield voted "Nay." Motion carried.
ITEM #1 - Charles J. & Joyce M. Eufemia (Charlies Italian American Restaurant) for variances of (1) 26 sq ft to permit a freestanding sign of 90 sq ft; and (2) 5 ft to permit a freestanding
sign 0 ft from street right-of-way (Cleveland St) to permit nonconforming signage to remain at 1242 Cleveland St, Padgett's Estates Sub of Lots 20-22, Lot 3, and part of Lots 2 & 4,
zoned UC(E) (Urban Center (East). SV 92-82
The applicant requests the following variances to permit the existing freestanding sign to remain, but with a lesser area: 1) an area variance of 26 square feet from the permitted
64 square feet to allow a freestanding sign with an area of 90 square feet, and 2) a setback variance of 5 feet from the required 5 foot setback to allow a freestanding sign zero feet
from the Cleveland Street right of way.
The subject property is located on the northwest corner of Cleveland Street and Lincoln Avenue, and is in the UC(E) zoning district. The current sign area is 136 square feet; the proposed
area is 90 square feet.
The applicant indicates the variances are requested because the existing 136 square foot sign pre-dates current code requirements. Staff agrees extensive site modifications must occur
in order to relocate the sign to meet the setback requirement, including the loss of a parking space. Consequently, it is staff's position that strict enforcement of the setback requirement
would be inappropriate. However, staff does not find any condition unique to this
property to allow a sign larger than is allowed for other businesses in this zone. Many other oversized signs in the City that pre-dated current area limitations have been modified
to conform to current standards. To allow this sign a greater area than is permitted by code would constitute a special privilege not available to other business owners.
A 90 square foot sign is not in character with the signage permitted for the surrounding commercial areas and will divert attention from nearby businesses. The granting of the requested
area variance will detract from properties that have conforming signs and will negatively affect the appearance of the community.
Staff feels the requested area variance does not meet the standards for variance approval.
John Richter explained the application and stated this sign predates the sign code. Staff agrees that extensive sight relocation would be necessary and a parking space would be eliminated
if the setback variance is not approved. Staff feels, however, that there is no justification for the increased area.
Don McFarland, Attorney representing the applicant, stated his client had performed a survey several years ago and asked why individuals visited his business. Many indicated they stopped
because they noticed the restaurant when driving by. He suggested this proves the sign is very important. His client feels the message board has added to the clientele. If the middle
portion of the message board were removed, the wording could be redone but would still require a 26 square foot variance.
Commissioner Thomas asked how frequently the message board is changed.
Charles Eufemia, owner, stated one portion of the board is changed when help is needed and the other portion is changed about once a month. In response to a question on the importance
of the message board, Mr. Eufemia replied he felt it was essential. It is important for people to know they have been open since 1955.
The Mayor noted she did not feel the area variance was justified but agreed the location was important.
Discussion ensued regarding the size of one panel. It was noted the panel could be reduced in size. It was pointed out that the Commission is not regulating the message contained
on the sign.
Mr. McFarland inquired about the possibility of withdrawing the area variance request and asked if he would be precluded from returning for a variance if the applicant found the impact
too negative. Upon assurance that the area variance could be requested at a later time, he withdrew the area variance request.
Commissioner Berfield moved to approve a setback variance of 5 feet as this request meets the standards subject to the following conditions: 1) the sign area be made to comply
with code, 2) that by constructing a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost
of relocating or removing the sign in the event the property is acquired by eminent domain, road widening or any other public purpose, and 3) if area variance is needed the applicant
may reapply for same within six months at a $50 fee. The motion was duly seconded and carried unanimously.
ITEM #2 - Branch Sunset Associates Ltd (Sunset Point Shopping Center) for variances of (1) 25 ft in height to permit a 45 ft high freestanding sign (US 19 frontage), (2) 91.5 sq ft freestanding
sign to permit 241.5 sq ft of sign area (US 19); (3) 25 ft in height to permit a 45 ft high freestanding sign (Sunset Point Rd frontage); and (4) 91.5 sq ft of freestanding sign area
to permit a 241.5 sq ft freestanding sign (Sunset Point Rd) to permit nonconforming signage to remain at 23654-23698 US Hwy 19 N, Sec 6-29-16, M&Bs 41.01, 41.02, 41.04, 41.05 & 41.06,
zoned CC (Commercial Center). SV 93-43
The applicant is requesting the following variances to permit the existing freestanding signs to remain: 1) a height variance of 25 feet from the permitted 20 feet to allow a freestanding
sign on US Hwy 19 N with a height of 45 feet; 2) an area variance of 91.5 square feet from the permitted 150 square feet to allow a freestanding sign on US Hwy 19 N with an area of 241.5
square feet; 3) a height variance of 25 feet from the permitted 20 feet to allow a freestanding sign on Sunset Point Road with a height of 45 feet; and 4) an area variance of 91.5 square
feet from the permitted 150 square feet to allow a freestanding sign on Sunset Point Road with an area of 241.5 square feet.
The subject property is located on the southwest corner of US Hwy 19 N and Sunset Point Road, and is in the CC zoning district.
The applicant states this property has a unique hardship in that the buildings are located approximately 1,000 feet from US Hwy 19 N which causes the attached building signs to be illegible
from the roadway and makes the tenants of this center rely on the freestanding sign for identification.
Staff research indicates the buildings are indeed located a great distance from US Hwy 19 N. The front of the main building paralleling the west property line is 740 feet from the
US Hwy 19 N right of way. However, the sign regulations allow for larger signs on buildings located substantial distances from the right of way. The sign bonus provisions allow the
size to more than double at the distances that exist here. Staff finds there is no condition unique to this property that warrants different treatment from other properties in this
zone. Further, variances of this magnitude are not considered minimal.
The existence of these 45 foot high, 241.5 square foot signs is not in character with the signage permitted for the surrounding commercial areas and diverts attention from those land
uses. The granting of these variances will detract from the surrounding businesses that have conforming signs and negatively affect the appearance of the community.
Staff feels the applicant's variance requests do not meet the standards for variance approval.
Mr. Shuford explained the application. Neither the applicant nor their representative was present for this item.
Commissioner Thomas moved to deny the requested variances for the subject property for failure to meet Section 45.24, Standards for Approval, items 1-8. The motion was duly seconded
and carried unanimously.
ITEM #3 - Searstown Partners/Sears Roebuck & Co. (Georgia Optical) for a variance of 6.75 sq ft to permit 26.25 sq ft of attached signage to permit nonconforming signage to remain at
1269 Missouri Ave, S, E.F. Hanousek's Sub, Lots 11 & 12, zoned CG (General Commercial). SV 93-52
The applicant is requesting the following variance to allow the existing attached sign to remain: an area variance of 6.75 square feet from the permitted 19.5 square feet to allow
an attached sign with an area of 26.25 square feet. The maximum area is based upon 1.5 square feet permitted per 1.0 linear foot of building frontage. This building has 13.33 feet
of frontage.
The subject property is located on the northeast corner of Lakeview Road and Missouri Avenue, and is in the CC zoning district.
This store is located in the northeast corner of the shopping center. The location provides limited visibility from the street and parking lot. Furthermore, the store has a small
width of only 13 feet, and is thereby allowed only 19.5 square feet of sign area. The limited visibility of the location and the small store front create a unique condition, and a hardship,
for this business. This request is the minimum needed to overcome the hardship.
Commercial and residential uses surround the Searstown property. This 26.25 square foot sign is in character with the signage permitted for the nearby businesses. The granting of
this variance will not adversely affect the appearance of the community.
Staff feels the applicant's request meets all of the standards for variance approval.
John Richter explained the application and noted that this business is located in the "L" of the shopping center. Because it is only 13 feet wide, they are only permitted a sign 19
1/2 square feet in area. Staff feels this represents justification for granting the variances.
Neither the applicant nor their representative was present for this item.
Commissioner Thomas moved to approve an area variance of 6.75 square feet for the subject property for meeting Section 45.24, Standards for Approval, items 1-8. The motion was duly
seconded and carried unanimously.
ITEM #4 - McDonald's Corporation/Franchise Realty Interstate (McDonald's) for a variance of 2.1 ft to permit a 8.1 ft drive-through menu sign to permit nonconforming signage to remain
at 539 Missouri Ave, S, Hibiscus Gardens, all of Blk T, zoned CG (General Commercial). SV 93-
55
The applicant is requesting the following variance to allow the continuation of the drive-through menu sign: a height variance of 2.1 feet from the permitted 6 feet to allow a menu
sign with a height of 8.1 feet.
The subject property is located on the east side of Missouri Avenue, bounded on the north by Rogers Street and the south by Turner Street, and is in the CG zoning district.
This sign does not adversely affect the aesthetics of the neighborhood or City. The sign is oriented to the drive-through lane on the east side of the building. A 6 foot high stockade
fence parallels the east property line, effectively screening the view of the sign from the properties to the east.
In this case, the benefit to the public that would result from strict enforcement of the sign code would not outweigh the cost to the applicant to modify the sign to make it conform.
This 8.1 foot high menu sign does not compete with signs on nearby properties and will not detract from the appearance of the community.
Staff feels the applicant's request meets all of the standards for variance approval.
Scott Shuford explained the application.
Robert L. Mott, representing the applicant, noted that similar variances were approved for the McDonald's on Sunset Point and US Hwy 19 N.
Commissioner Berfield inquired how the situation was handled at the McDonald's on Gulf to Bay. Mr. Shuford responded they were required to take some additional things off the top but
that one faced Gulf to Bay Boulevard and this one is not on the street and does not have the same impact.
Commissioner Deegan moved to approve a height variance of 2.1 feet for the subject property for meeting Section 45.24, Standards for Approval, items 1-8, subject to the condition that
an opaque fence and/or landscaping be maintained at a height of 6 feet along the east property line. The motion was duly seconded and carried unanimously.
ITEM #5 - University High Equity Real Estate Fund/National Operating, L.P. (Shell Oil) for a variance of 1 freestanding sign of 146 sq ft and 30 ft in height to permit a second freestanding
sign to remain to permit nonconforming signage to remain at 26998 US Hwy 19 N, Sec 30-28-16, M&B 31.04, zoned CC (Commercial Center). SV 93-63
The applicant is requesting the following variance to allow replacement of the freestanding sign for the Shell Service Station: one freestanding sign with an area of 146 square feet
and a height of 30 feet to permit a second freestanding sign.
The subject property is located on the west side of US Hwy 19 N, south of S.R.580, and is in the CC zoning district. The property is developed with the Countryside Plaza shopping
center, a Shell Service Station, and a Long John Silver restaurant.
There are presently three freestanding signs on the property, one for each of the aforementioned uses. However, since all the uses are located on a single property, only one primary
freestanding sign is permitted along US Hwy 19 N. The property has in excess of 500 feet of frontage on US Hwy 19 N thereby qualifying for an auxiliary sign. The auxiliary sign would
be permitted an area of 75 square feet and a height of 16 feet. However, it should be noted that US Hwy 19 N is elevated in this location, and a 16 foot high auxiliary sign could not
be viewed from the roadway.
The third freestanding sign on this property, the Long John Silver sign, is the subject of a separate variance application and, as such, is being treated separately from this application.
The Shell Service Station functions as a use independent of the nearby shopping center and restaurant. By all outward appearances, the Shell station appears to be an outparcel of the
shopping center. Most outparcels in the City have freestanding signs. It is reasonable that motorists on US Hwy 19 N be able to identify the existence of this service station. The
auxiliary sign allowed for the property will not suffice to identify the service station because of the 16 foot height limit. Therefore, it is apparent that some relief is in order
for this applicant.
The code allows signs along elevated roadways to extend 10 feet above the crown of the road measured perpendicular from the roadway to the sign location. In this case, the crown of
the road is 18 feet above the elevation of the ground at the base of the sign. Consequently, the variance request for a 30 foot high sign is not a minimum variance because a 28 foot
high sign would adequately serve to identify this use.
The freestanding sign size allowed with commercial centers, 150 square feet, is the largest size allowed in the City. This zone is reserved for large-scale shopping centers. The size
and scale of the Shell station is not comparable to the size and scale of large-scale shopping centers. It is staff's position, therefore, the 146 square foot sign requested for the
station is not a minimum variance. The station can be more appropriately likened to other service stations on US Hwy 19 N, most of which are assigned CH zoning. Under CH zoning, 112
square feet is the maximum area allowable. It is staff's position that a 112 square foot sign would be in keeping with the scale of the development and would enable identification of
this business to motorists on US Hwy 19 N.
In conclusion, staff feels the applicant's request does not meet the standards for variance approval. However, a 112 square foot sign, with a height not exceeding 10 feet above the
crown of the roadway measured perpendicular from the roadway to the sign location, would be keeping with the character of the signage permitted for the surrounding commercial areas.
A sign of this size and height would not adversely affect the appearance of the community.
John Richter explained the application noting the auxiliary sign should be of lower height and include less area than the shopping center sign. The roadway is elevated in this area
and
a 16 foot height is not sufficient for a sign to be seen. The service station functions independently of the shopping center and has an unusual zoning classification. Staff feels a
112 square foot sign at a height of 28 feet is adequate and minimal. They recommend denial of the 146 square foot sign at a height of 30 feet.
Todd Pressman, representing the applicant, agreed the variance originally filed was excessive and noted staff had done a good job in reaching a compromise. He felt their suggestions
were fair and equitable.
Commissioner Deegan inquired if the service station is located on an outparcel of the shopping center and Mr. Richter responded it depends on how "outparcel" is defined.
Discussion ensued regarding how the parcel for the Home Shopping Network on US Hwy 19 N was treated. In that case, there was no road frontage and it did not give the appearance of
being an outparcel and staff felt it should be identified with the main sign for the center.
Mr. Shuford noted that treating the service station as if it had Highway Commercial zoning is reasonable.
Commissioner Fitzgerald moved to deny the requested variance but to approve a variance of one freestanding sign with an area of 112 square feet and a height of 10 feet above the crown
of the roadway measured perpendicular from the roadway to the location of the sign (a height of approximately 28 feet) to permit a second freestanding sign for the subject property for
meeting Section 45.24, Standards for Approval, items 1-8, subject to the following conditions: 1) no auxiliary sign be placed on this property, and 2) the sign permit be procured within
60 days of this public hearing. The motion was duly seconded and carried unanimously.
ITEM #6 - University High Equity Real Estate Fund/National Operating, L.P. (Long John Silver's) for a variance of 1 freestanding sign to permit an additional such sign, with 92 sq ft
of sign area, a height of 20 ft above the roadway and a setback of 3 ft from street right of way (US Hwy 19 N) to permit nonconforming signage to remain at 26988 US Hwy 19 N, Sec 30-28-16,
M&B 31.04, zoned CC (Commercial Center). SV 93-79
The applicant is requesting the following variance to allow the Long John Silver restaurant sign to remain with a greater height than currently exists: one freestanding sign with an
area of 92 square feet, a height of 20 feet above the crown of the roadway, and a setback of 3 feet to permit an additional freestanding sign on property where one freestanding sign
is allowed.
The subject property is located on the west side of US Hwy 19 N, south of SR 580, and is in the CC zoning district. The property is developed with the Countryside Plaza shopping center,
a Shell Service Station, and a Long John Silver restaurant.
There are presently three freestanding signs on the property, one for each of the
aforementioned uses. However, since all the uses are located on a single property, only one primary freestanding sign is permitted along US Hwy 19 N. The property has in excess of
500 feet of frontage on US Hwy 19 N thereby qualifying for an auxiliary sign. The auxiliary sign would be permitted an area of 75 square feet and a height of 16 feet. However, it should
be noted that US Hwy 19 N is elevated in this location, and a 16 foot high auxiliary sign could not be viewed from the roadway.
The third freestanding sign on this property, the Shell service station sign, is the subject of a separate variance application and as such is being treated separately from this application.
The Long John Silver restaurant functions as a use independent of the nearby shopping center and service station. By all outward appearances, the Long John Silver restaurant appears
to be an outparcel of the shopping center. Most outparcels in the City have freestanding signs. It is reasonable that motorists on US Hwy 19 N be able to identify the existence of
this restaurant. The auxiliary sign allowed for the property will not suffice to identify the service station because of the 16 foot height limit. Therefore, it is apparent that some
relief is in order for this applicant.
The code allows signs along elevated roadways to extend 10 feet above the crown of the road measured perpendicular from the roadway to the sign location. In this case, the crown of
the road is 14 feet above the elevation of the ground at the base of the sign. Accordingly, the sign height permitted by code is 24 feet. The existing sign is 27 feet high. In effect,
the variance request is to allow the sign to be elevated an additional 7 feet, rather than enforcing the code and thereby requiring the sign to be lowered 3 feet. Staff does not find
any condition unique for this property to warrant the additional height. This property is affected in the same manner as other properties that front elevated roadways. To grant additional
height for this sign would confer a special privilege on this applicant that is not available to similarly situated property owners.
Staff regards the request for 92 square feet of sign to be a minimum variance. Most commercial properties on US Hwy 19 N developed with restaurants or other businesses comparable to
the scale of the Long John Silver restaurant are assigned CH zoning. Under CH zoning, 112 square feet is the maximum freestanding sign area permitted. It is staff's position that the
requested 92 square foot sign is in keeping with the scale of this development and will enable identification of this business to motorists on US Hwy 19 N.
Regarding the sign setback, staff regards the existing 1 foot setback to be a minimum variance. The benefit that would be derived by the public if the sign was relocated 2 additional
feet away from the US Hwy 19 N right of way would pale in comparison to the relocation cost to the applicant.
In conclusion, staff feels the applicant's request does not meet the standards for variance approval. However, a 92 square foot sign, positioned 1 foot from the right of way, with
a height not exceeding 10 feet above the crown of the roadway (a height of approximately 24 feet) will adequately serve to identify this use, qualify as a minimum variance and be in
keeping with the character with the signage permitted for the surrounding commercial areas. A sign of
this size and height would not adversely affect the appearance of the community.
Scott Shuford explained the application.
Harry Cline, Attorney representing the applicant, stated he concurred with staff's recommendation. He noted the previous applicant, the neighbor to the north, has a sign 27 feet tall.
He questioned why it would be necessary for his client to reduce the height of his sign by three feet when the sign on the adjoining property is three feet taller.
Commissioner Deegan moved to deny the requested variance but to approve a variance of one freestanding sign with an area of 92 square feet, a height of 10 feet above the crown of the
roadway, and a setback of 3 feet, to permit an additional freestanding sign for the subject property for meeting Section 45.24, Standards for Approval, items 1-8, subject to the following
conditions: 1) no auxiliary sign be placed on this property; 2) the sign permit be procured within 60 days of this public hearing; and 3) that by constructing a sign within the street
setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property
is acquired by eminent domain, road widening or any other public purpose. The motion was duly seconded and carried unanimously.
ITEM #7 - Roy M. Potvin, TRE (The Golf Depot) for a variance of 8 ft in height to permit a freestanding sign of 28 ft in height to permit nonconforming signage to remain at 23197 US
Hwy 19 N, Sec 5-29-16, M&B 33.071, zoned CH (Highway Commercial). SV 93-72
The applicant is requesting a height variance of 8 feet from the permitted 20 feet to allow the continuation of a freestanding sign 28 feet high.
The subject property is located on the east side of US Hwy 19 N, north of SR 590, and is in the CH zoning district.
This sign is small and tall. It is half the area allowed by code and 40% higher than permitted.
The application does not contain information identifying any unique condition applicable to this property and, upon viewing and analyzing the property, staff does not find the existence
of any such condition. Though the sign is smaller than allowed by code, this is not cause for granting a height variance as the applicant can place a larger sign, if so desired.
The existence of this 28 foot high sign is not in character with the signage permitted for the surrounding businesses and diverts attention from those uses. The granting of this variance
will detract from the properties that have conforming signs and will negatively affect the appearance of the community.
John Richter explained the application and described the sign as small and tall. Staff feels there is no unique condition regarding this property and recommends denial of the height
request.
Neither the applicant nor their representative was present for this item.
Commissioner Deegan inquired about the dispute regarding the logo and indicated they should not make the applicant change the sign twice if the dispute has not yet been resolved.
Mr. Shuford noted the applicant was contacted and notified of the meeting. He suggested without a representative being present to explain the status of the dispute regarding the logo,
the Commission should act as they see fit.
Commissioner Thomas moved to deny the requested 8 foot height variance for the subject property for failure to meet Section 45.24, Standards for Approval, items 1-8. The motion was
duly seconded and carried unanimously.
Meeting recessed from 11:00 until 11:12 a.m.
ITEM #8 - E.F. & Morian Mroczkowski (Alba Consulting Corporation) for variances of (1) .67 ft in height to permit a freestanding sign of 8.67 ft high; (2) 5 ft to permit a freestanding
sign 0 ft from a street right-of-way (Court St); and (3) 5 ft to permit freestanding sign 0 ft from a side (east) property line to permit nonconforming signage to remain at 1420 Court
St, Boulevard Heights, Blk K, part of Lots 8 & 9, zoned OL (Limited Office). SV 93-84
The applicant is requesting the following variances to allow the existing freestanding sign to remain: 1) a height variance of 0.67 feet from the permitted 8 feet to allow a freestanding
sign 8.67 feet high; 2) a setback variance of 5 feet from the required 5 foot setback to allow a freestanding sign zero feet from the Court Street right of way; and 3) a setback variance
of 5 feet from the required 5 foot setback to allow a freestanding sign zero feet from the east side property line.
The subject property is located on the north side of Court Street, east of Hillcrest Avenue, and is in the OL zoning district.
The "front yard" of this small office property is almost entirely paved parking. The sign is situated on the east property line in a grassy area just large enough to accommodate the
sign.
In the event the sign is required to be moved to comply with setbacks, an unnecessary hardship will be imposed upon the applicant. If the sign is relocated from the side property line,
it will eliminate a parking space. If the sign is relocated from Court Street, reduced visibility will result when vehicles occupy existing parking spaces to the east and west of the
sign.
The 0.67 feet height variance request is minimal. It represents an 8% departure from the code. It is quite unlikely an observer would discern this sign is any higher than other conforming
signs in the area. Under any circumstance, the slight overage in height will not cause a negative affect on nearby properties. The height variance is eligible for consideration as
a minor variance under the City's newly adopted ordinance, but since this application was
accepted prior to the adoption of the ordinance, and there are other "non-minor" variances involved, staff recommends Commission consideration of the height variance.
The existence of this 8.67 foot high, 10 square foot sign is in keeping with the character of signage permitted for the surrounding office uses. The granting of these variances will
not detract from businesses that have conforming signs and will not adversely affect the appearance of the neighborhood or the City.
Scott Shuford explained the application and stated staff recommends approval of the request as they feel relocation of the sign would present a hardship.
Mr. Atanasio, representing the applicant, was present but made no comments.
Commissioner Fitzgerald moved to approve a height variance of 0.67 feet, a setback variance of 5 feet from the Court Street right of way and a setback variance of 5 feet from the east
side property line for the subject property for meeting Section 45.24, Standards for Approval, items 1-8, subject to the following condition regarding both setback variances: that by
constructing a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing
the sign in the event the property is acquired by eminent domain, road widening or any other public purpose. The motion was duly seconded and carried unanimously.
ITEM #9 - William J. & Bette J. Buckler (Huntington Homes) for a variance of 6 sq ft per sign to permit two (2) 12 sq ft real estate signs to permit nonconforming signage to remain at
2470 Parkstream Ave, Countrypark, Blk A, Lot 1, zoned RS 6 (Single Family Residential). SV 93-91
The applicant is requesting the following variances to permit the two existing signs to remain: area variances of 6 square feet from the permitted 6 square feet to allow two 12 square
foot real estate signs.
The subject property is located on the southwest corner of Enterprise Road and Parkstream Avenue, and is in the RS-6 zoning district.
The two signs are used to identify the existing home on this property as a model center for the subdivision. The applicant indicates the variance is needed for a temporary period,
estimated at one year. Staff observes the signs are attractively designed and constructed.
The existence of these two real estate signs, each having an area of 12 square feet, does not detract from the appearance of the residential neighborhood or the community.
Staff feels the applicant's requests meet all of the standards for variance approval.
John Richter explained the application noting that the variances are needed temporarily for one year. The signs are attractive.
Bill O'Neill, representing the applicant, was present.
Commissioner Deegan questioned how the request met standards two and three. He expressed no opposition to the variance but questioned whether the request justifies those standards.
He suggested the code may need to be amended to indicate that this type of situation is permitted.
Mr. Richter agreed that it is difficult to justify the variances with regard to criteria two and three but felt the request was minimal.
Scott Shuford stated that staff will be looking at similar situations and some changes will be made to the sign code based on decisions reached by the Commission during these sign variance
hearings. It is projected these changes will be brought forth in the middle of the year.
Commissioner Thomas moved to approve area variances of 6 square feet to allow two 12 square foot real estate signs for the subject property for meeting Section 45.24, Standards for
Approval, items 1-8, subject to the condition that the variances expire and the signs be removed within one year after this public hearing. The motion was duly seconded and carried
unanimously.
ITEM #10 - Stavros & Panagiota Demosthenis (Mr. Homemade) for variances of (1) 3.25 ft in height to permit a freestanding sign of 23.25 ft; and (2) 18.5 sq ft to permit a freestanding
sign of 82.5 sq ft to permit nonconforming signage to remain at 1765 Gulf-to-Bay Blvd, Suburb Beautiful, Blk B, Lots 1, 2, 5 & 7, zoned CG (General Commercial). SV 93-94
The applicant is requesting the following variances to allow the existing freestanding sign to remain: 1) a height variance of 3.25 feet from the permitted 20 feet to allow a freestanding
sign 23.25 feet high, and 2) an area variance of 18.5 square feet from the permitted 64 square feet to allow a freestanding sign with an area of 82.5 square feet.
The subject property is located on the southwest corner of Gulf to Bay Boulevard and Woodruff Avenue, and is in the CG zoning district.
The proposed Keene Road extension may affect the Mr. Homemade restaurant property because it appears likely additional right of way will be needed from the front of this property for
improvement of the Gulf to Bay Boulevard / Keene Road intersection. Because roadway design plans are not finalized, it is difficult to estimate when acquisition and construction may
occur, and to what extent the property may be affected. Under any circumstance, given the design and acquisition work that must occur, staff estimates it will be more than two years
before roadway construction begins.
The applicant indicates if these variances are not approved, there will be an unnecessary expenditure of funds when "... DOT takes an amount of property requiring the sign be moved
again." Staff notes, however, according to the survey drawing submitted as part of the application, the existing sign meets the City's 5 foot setback requirement. Therefore, there
is no requirement that the sign be relocated at this time. The sign does not, however, meet the
City's area and height requirements. It would be inequitable to other business owners and property owners who have complied with the City's size and height requirements, to grant a
variance for this sign. The applicant has the option of altering the sign panels to comply with the City's size and height requirements, while maintaining the existing sign pole. If,
in the future, the sign must be relocated due to right of way acquisition, the sign can be relocated at that time. In any event, the sign should not have to be relocated twice.
The existence of this 23.25 foot high, 82.5 square foot sign is not in character with signage permitted for the surrounding commercial areas and diverts attention from those land uses.
The granting of these variances will detract from surrounding businesses that have conforming signs as well as negatively affect the appearance of the community.
Staff feels the applicant's requests do not meet the standards for variance approval.
Scott Shuford explained the application and stated the applicant may be affected by the Keene Road extension but there probably would be no impact for approximately two years.
Vernon Todd, attorney representing the owner, stated that the sign, erected under a permit prior to the code change, is 14.9% in excess of the height permitted and 22.4% in excess of
the allowed square footage. He indicated it would place an undue hardship on his client if property is taken for the Keene Road extension. He feels the applicant meets the standards
for approval and the variance requests do not violate the spirit or intent of the code.
Discussion ensued regarding the overpass at Keene and Gulf to Bay. It was indicated that an overpass is not planned at this time.
Commissioner Fitzgerald pointed out that variances requested by Young's Bar-B-Q were denied.
Commissioner Deegan moved to deny the requested variances for the subject property for failure to meet Section 45.24, Standards for Approval, items 1-8. The motion was duly seconded
and carried unanimously.
ITEM #11 - Pinellas County for a variance to permit a freestanding sign of 3.3 ft in height and 7 sq ft in area to permit nonconforming signage to remain at 305 Osceola Ave, S., Sec
16-29-15, M&B 13.04, zoned UC(C) (Urban Center Core). SV 93-97
The applicant is requesting a variance to allow the placement of a freestanding sign 3.3 feet in height and 7 square feet in area in a zoning district where freestanding signs are not
allowed.
The subject property is located on the east side of S. Osceola Avenue, north of Court Street, and is in the UC(C) zoning district.
This property is located in the downtown core. Ordinarily, attached signs are used to identify downtown businesses. Further, freestanding signs are not permitted in this zone
because properties in this district are typically developed with no setback from downtown sidewalks. The subject property, however, unlike most district properties, is positioned approximately
26 feet from the S. Osceola Avenue right of way.
The proposed freestanding sign is modestly sized. Staff finds this property to be unique given the setback of the building, and the request is minimal.
The proposed 3.3 foot high, 7 square foot sign is in character with the signage permitted for the surrounding commercial areas and does not divert attention from those land uses. The
granting of this variance will not detract from surrounding businesses and properties that have conforming signs, and will not affect the appearance of the community.
John Richter explained the application and noted the request is to allow a freestanding sign where one is not permitted. Staff feels the request is modest both in height and in area.
Camille Bozard, representing the applicant, stated the applicant plans to change several signs to make them uniform. In response to a question, she stated this would be the only sign
for the building.
Mr. Shuford stated staff would consider Commission action allowing freestanding signs where they are presently not permitted as direction on how the code should be changed to address
this matter.
Commissioner Deegan noted an attached sign would be as visible as the proposed sign and expressed concerns about setting a precedent. He commented that while the Commission does not
consider a sign's message content, he wondered if the sign would indicate this is a Pinellas County building. It was stated it would.
Commissioner Fitzgerald moved to approve a variance to allow a freestanding sign 3.3 feet in height and 7 square feet in area for the subject property for meeting Section 45.24, Standards
for Approval, items 1-8. The motion was duly seconded. Upon the vote being taken; Mayor Garvey and Commissioners Fitzgerald, Berfield, and Thomas voted "Aye," Commissioner Deegan voted
"Nay." Motion carried.
ITEM #12 - E. Keith Rotz & Gary S. Rabe (Caryl's Natural Foods & Juice Bar) for variances (1) to permit a freestanding sign of 12 ft in height and 15 sq ft; (2) to permit a freestanding
sign of 10.58 ft in height and 15 sq ft; (3) of 6 ft to permit a freestanding sign 1 ft into right-of-way; and (4) of 5.75 ft to permit a freestanding sign .75 ft into right-of-way to
permit nonconforming signage to remain at 121 Ft. Harrison Ave N., Gould & Ewing's 1st Add, Blk 1, part of Lot 3, and all of Lot 4, zoned UC(C) (Urban Center (Core). SV 93-100
The applicant is requesting a variance to allow the continuation of two existing freestanding signs; one oriented to N. Ft. Harrison Avenue, 12 feet high, 15 square feet in area, and
encroaching 1 foot into the N. Ft. Harrison Avenue right of way; and one oriented to Watterson Avenue, 10.58 feet high, 15 square feet in area, and encroaching 0.75 feet into the Watterson
Avenue right of way.
The subject property is located on the east side of N. Ft. Harrison Avenue and is in the UC(C) zoning district.
This property is located in the downtown core. Ordinarily, attached signs are used to identify downtown businesses. Further, freestanding signs are not permitted in this zone because
properties in this district are typically developed with no setback from downtown sidewalks. The subject property, however, is positioned approximately 19 feet from the N. Ft. Harrison
Avenue right of way and approximately 17 feet from the Watterson Avenue right of way. Further, the buildings located directly to the north and south on N. Ft. Harrison Avenue and Watterson
Avenue are built to the sidewalk. Without
a freestanding sign in proximity to the right of way, this property would be without any meaningful identification to motorists on either street.
Staff finds this property to be unique given the setback of the building and the request to be minimal given the modest dimensions of these signs.
It is noteworthy that the signs are not in a particularly good state of repair. The sign poles are rusted and in need of paint. Also, a panel in the sign oriented to northbound traffic
on N. Ft. Harrison Avenue is broken and in need of replacement. These conditions should be corrected by the applicant.
The existence of these 15 square foot signs will not detract from businesses that have conforming signs and will not adversely affect the appearance of the community if maintained in
a good state of repair.
Staff feels the applicant's request meets all the standards for variance approval.
Mr. Shuford explained the application and noted free standing signs are not allowed in this zoning district. The signs are small and encroach on the right of way. Staff feels it would
be difficult to make use of attached signage but recommend that three conditions be placed on the granting of the request.
Keith Rotz stated he concurs with staff's recommendations.
Commissioner Deegan noted the sign is in a state of disrepair and requested an additional condition be included requiring repair of the sign within 60 days. He agreed that a freestanding
sign is warranted in this situation.
Commissioner Thomas also requested the addition of a condition requiring the awning sign to be repaired or removed within 60 days.
Commissioner Deegan moved to approve a variance to allow the continuation of two existing freestanding signs; one 12 feet high, 15 square feet in area, and encroaching 1 foot into the
N. Ft. Harrison Avenue right of way; and one 10.58 feet high, 15 square feet in area, and encroaching 0.75 feet into the Watterson Avenue right of way for the subject property for
meeting Section 45.24, Standards for Approval, items 1-8, subject to the following conditions: 1) in the event any regulated feature of either sign is changed, the encroachment into
the right of way shall be eliminated, 2) the signs shall be repaired within 60 days and then maintained in a good state of repair, 3) the awning signs shall be repaired or removed within
60 days, and 4) that by constructing a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost
of relocating or removing the sign in the event the property is acquired by eminent domain, road widening or any other public purpose. The motion was duly seconded and carried unanimously.
ITEM #13 - Anthony Ales for a variance of 4 ft to permit a freestanding sign 1 ft from street right-of-way (Drew St) to permit nonconforming signage to remain at 2152 Drew St, Mosell
Acres, part of Lot 3, zoned CG (General Commercial). SV 93-101
The applicant is requesting a setback variance of 4 feet from the required 5 feet to allow the existing freestanding sign to remain 1 foot from the Drew Street right of way.
The subject property is located on the north side of Drew Street, east of NE Coachman Road, and is in the CG zoning district.
The application indicates the variance is requested because the existing parking lot and drainage retention area leave no opportunity to relocate the sign. The applicant also states
if the sign is relocated, a large oak tree will obstruct its visibility.
Staff review of the property reveals it is feasible to relocate the sign in a northwesterly direction in the drainage retention area thereby meeting the 5 foot setback requirement from
Drew Street. No parking spaces would be eliminated and the sign would not be any less visible due to trees. However, staff does not recommend requiring this action. The sign currently
conforms to the height and area specifications of the code. The lone nonconformity is the setback from the Drew Street right of way. It is staff's position that the cost to the applicant
to relocate the sign would outweigh the benefit derived by the public from such relocation.
The granting of this variance will not detract from businesses that have conforming signs and will not adversely affect the appearance of the community.
Staff feels the applicant's request meets all of the standards for variance approval.
Neither the applicant nor their representative was present although the applicant had been at the meeting earlier and requested a continuance. Commissioner Thomas inquired whether
the Commission could proceed even though a continuance was requested. The staff recommendation is to approve the request.
Mr. Shuford stated that the Commission may act in any way they see fit regardless of the request for a continuance.
Commissioner Berfield moved to approve a setback variance of 4 feet to allow the existing freestanding sign to remain 1 foot from the Drew Street right of way for the subject
property for meeting Section 45.24, Standards for Approval, items 1-8, subject to the following conditions: 1) that by constructing a sign within the street setback pursuant to this
variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain,
road widening or any other public purpose and 2) that if the applicant wishes to come back for rehearing they may do so. The motion was duly seconded and carried unanimously.
ITEM #14 - American National Red Cross for a variance to permit a freestanding sign of 11.5 ft in height, 62 sq ft of sign area, and with a setback of 2 ft from street right-of-way (Court
St) to remain where freestanding signs are prohibited to permit nonconforming signage to remain at 624 Court St, Court Square, Blk 12, Lots 13-16 together with Magnolia Park, Blk 12,
Lot 2, zoned UC(C) (Urban Center (Core). SV 93-102
The applicant is requesting a variance to allow the continuation of a freestanding sign 11.5 feet in height, 62 square feet in area, with a setback of 2 feet from the Court Street right
of way, in a zoning district where freestanding signs are not allowed.
The subject property is located on the north side of Court Street, east of S. Garden Avenue, and is in the UC(C) zoning district.
This property is located in the downtown core. Ordinarily, attached signs are used to identify downtown businesses. Freestanding signs are not permitted in this zone because properties
in this district are typically developed with no setback from downtown sidewalks. The subject property is positioned approximately 50 feet from the sidewalk. Due to the setback, staff
feels a freestanding sign is appropriate to identify the use of this property. Further, because the property upon which the sign is located is greater than an acre in size, and because
the sign is low in height (11.5 feet) and oriented to a major thoroughfare having a 100 foot wide right of way, staff considers the existing 62 square foot sign to be in scale with the
development. Lastly, regarding the 2 foot setback, it is staff's position that the sign be permitted to remain in its current location. This is because staff contends the sign should
be allowed to remain without any alteration to the existing size and height, and because the public gain that would result from the sign being moved back would not outweigh the cost
to the applicant to accomplish such action.
The existence of this 11.5 foot high, 62 square foot sign, is in keeping with the developed character of this property. The granting of this variance will not detract from businesses
that have conforming signs and will not adversely affect the appearance of the community.
Staff feels the applicant's request meets all the standards for variance approval.
Mr. Shuford explained the application and noted this large parcel is on a major thoroughfare. He noted the additional condition regarding signs in the setback should be added to the
motion.
Al Copeland, representing the applicant, stated the sign is used to advertise health and
safety courses, promote fundraising, etc.. The Red Cross has had a 76 year presence in the community, with 20 years at this location. The sign in question is the only one they have.
Commissioner Deegan questioned what signage is allowed in this zoning district and asked if there is any limited office zoning between this parcel and general commercial zoning.
In response, Mr. Shuford stated there is some limited office zoning between this parcel and general commercial. The height of the sign could be lowered to eight feet with 24 square
feet in sign area which is permitted in nearby zoning districts.
Commissioner Deegan inquired of the applicant's representative if a smaller sign or a lesser height would suffice. Mr. Copeland responded the height could be reduced but he did not
feel the sign's size could be decreased.
Commissioner Thomas noted staff is recommending placement of signs where the code does not permit them and inquired if staff planned to recommend changes to the code.
Mr. Shuford responded that the Commission had previously indicated they did not want to address changes. Staff is reviewing Commission action and basing proposed changes to the code
on results of decisions made regarding signage.
The Mayor noted in 1992, the Commission's wish to not address changes did not preclude modifications from being addressed at a later date.
Commissioner Deegan noted there is not much clutter in this area and questioned the height of other signs in the area.
Mr. Shuford stated that ground signs in the area are generally six feet tall and 24 square feet in area.
Commissioner Deegan recommended that the area variance be approved but the height be limited to eight feet. Commissioner Thomas felt this was a reasonable compromise.
Mr. Copeland stated he felt it was unfair to require them to lower the sign. This is a non profit organization with 1,700 volunteers.
Discussion ensued regarding accommodating the applicant's needs and the fact the Commission is willing to meet the applicant half way by allowing them a larger sign.
The Mayor clarified that the Commission would approve a freestanding sign at a height of eight feet with the existing square footage.
In response to a question, Mr. Shuford stated that, in general, signs in this zoning should be eight feet high and have an area of 64 square feet if the parcel is larger than an acre
and 24 square feet if it is less than an acre.
Commissioner Deegan moved to approve a variance to allow the continuation of a freestanding sign 8 feet high, 62 square feet in area, with a setback of 2 feet from the Court Street
right of way for the subject property for meeting Section 45.24, Standards
for Approval, items 1-8, subject to the following condition: that by constructing a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental
agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain, road widening or any other public purpose. The motion
was duly seconded and carried unanimously.
ITEM #15 - H.H. Baskin, Sr. Rental Properties, Inc (Workbench, Inc) for a variance of 10 sq ft to permit a total of 58 sq ft of attached signage to permit nonconforming signage to remain
at 704 Court St, Magnolia Park, Blk 11, Lots 8 & 9 less railroad right of ways, zoned UC(C) (Urban Center (Core). SV 93-106
The applicant is requesting an area variance of 10 square feet from the permitted 48 square feet to allow the continuation of the two attached signs having a combined area of 58 square
feet.
The subject property is located on the north side of Court Street, east of East Avenue, and is in the UC(C) zoning district.
There are two attached signs on this building. According to the drawings that accompany the application, the "Workbench" sign has an area of 54 square feet, and the "Finite" sign has
an area of 1.9 square feet. Together, the two signs measure 55.9 square feet. Accordingly, the request can be reduced from 10 square feet to 7.9 square feet.
A 7.9 square foot variance represents a 16% departure from the maximum area allowed by code. The building on which the sign is placed is large. Considering the size of the building
and the relatively small amount that the existing sign exceeds the maximum area allowed by code, staff feels the standards for variance approval are satisfied.
The 55.9 square feet of attached signage is in scale with the building, will not divert attention from nearby signs, and will not detract from the appearance of downtown.
John Richter explained the application. Due to the size of the building, staff feels it is a unique request and represents a minimum variance.
Gordon Williamson, representing the applicant, stated three businesses operate in the 11,000 square foot building. The third business does not need a sign as it also occupies the freestanding
building across the street which has a sign.
Commissioner Berfield moved to approve an area variance of 7.9 square feet to allow the continuation of two attached signs having a combined area of 55.9 square feet for the subject
property for meeting Section 45.24, Standards for Approval, items 1-8, subject to the condition that, in the event the sign is changed or replaced, it shall then be made to conform.
The motion was duly seconded and carried unanimously.
ITEM #16 - Fortune Savings Bank for a variance to permit 2 freestanding signs of 8 ft in height and 48 sq ft in area where freestanding signs are prohibited to permit nonconforming signage
to remain at 606 Chestnut St, Magnolia Park, Blk 13, Lots 16 & 17 less street and south 1/2 of alley, and Lot 18, together with Court Square, Blk 13, Lots 1-3 and north ½ of alley, zoned
UC(C) (Urban Center (Core). SV 93-107
The applicant is requesting the following variance to permit the continuation of the two existing freestanding signs at a lower height. (Currently the signs are 23.5 and 17.7 feet
high. The applicant proposes to reduce the height of both signs to a maximum of 8 feet): a variance to allow the continuation of two existing freestanding signs, each measuring 48
square feet in area, in a zone where freestanding signs are not permitted, one sign oriented to Chestnut Street and the other oriented to Court Street.
The subject property is located on the north side of Chestnut Street, east of S. Ft. Harrison Avenue, and is in the UC(C) zoning district.
This property has frontage on two major thoroughfares in the downtown core. Attached signs are normally used to identify downtown businesses because the buildings are typically developed
to accommodate pedestrian traffic by providing no setback from downtown sidewalks or side property lines. However, properties on Chestnut Street do not fit this development pattern,
they are developed to accommodate vehicular traffic. The buildings are typically situated back from property lines, with on-site parking lots. Like most other Chestnut Street properties,
the Fortune Bank property is designed primarily to serve motorists, not pedestrians. In fact, the Bank has driveway access to both Chestnut Street and Court Street. It is reasonable
the bank be identified with roadside signs on each of these thoroughfares because the property design is not adapted to identification without such signs. In a similar situation, the
BP service station at the intersection of Myrtle Avenue and Drew Street, also located in the UC(C) zone, was approved a variance for two freestanding signs.
Absent a specified sign size in the code, it is difficult to assess whether the requested sign area constitutes a minimum variance. Nevertheless, staff feels that it is a minimum variance
for the following reasons: 1) both thoroughfares have four lanes of traffic; 2) the Chestnut and Court Street corridors are characterized by a diverse mixture of land uses; 3) the proposed
8 foot height will cause the sign to be a low profile sign; and 4) the sign is a pre-existing sign, not a new sign.
The continuation of these 48 square foot signs, lowered to a height of 8 feet, is generally in character with the signage permitted for the surrounding downtown properties. The granting
of this variance will not detract from businesses that have conforming signs and will not adversely affect the appearance of downtown or the City.
Staff feels the applicant's request meets all the standards for variance approval.
Scott Shuford explained the application and noted that the property is approximately one acre in size and the building is setback from the right of way.
Catherine Dixon, representing the applicant, was present.
In response to a question, Mr. Shuford stated that the property is close to an acre in size.
Commissioner Thomas moved to approve a variance to allow the continuation of two existing freestanding signs, one oriented to Chestnut Street and one oriented to Court Street, each
measuring 48 square feet in area and being lowered to a height of 8 feet for the subject property for meeting Section 45.24, Standards for Approval, items 1-8. The motion was duly seconded
and carried unanimously.
ITEM #17 - K.D. Sauder, TRE & K.D. Sauder, Trust for a variance of .3 sq ft to permit a 1.8 sq ft sign area ratio per building occupancy width to permit nonconforming signage to remain
at 1969 Sunset Point Rd, Sec 1-29-15, Pinellas Groves Sub, part of Lots 1 & 2 less road, zoned CN (Neighborhood Commercial). SV 93-109
The applicant is requesting the following variance to allow continued use of the "sign band" that runs the full length of the building front: a ratio variance of 0.3 square foot of
attached sign area per 1.0 linear foot of building width from the permitted 1.5/1.0 ratio to allow a ratio of 1.8 square feet of sign area per 1.0 linear foot of building width.
The subject property is located on the south side of Sunset Point Road, west of Hercules Avenue, and is in the CN zoning district.
The permitted area for attached signs is determined by a ratio: 1.5 square feet of area per 1.0 linear foot of building width. The Time Plaza shopping center, constructed approximately
3 years ago, was built with a "sign band" integrated into the building's facade that runs the full length of the building front and measures 1.8 feet vertically. Consequently, each
business in the center has more attached sign area than is allowed by code. Rather than each tenant in the center applying for a variance, the property owner applied for the entire
center. It should be noted that some of the tenants have additional signs placed in windows that must be brought into compliance with the code.
The 1.8 foot high sign band exists because building plans were reviewed, and permits issued, while the property was under the jurisdiction of Pinellas County. Shortly after the development
was begun, the property was annexed into the City.
Since the sign band is integrated into the building architecture, it would be a costly venture to narrow it without negatively affecting the appearance of the facade and the building.
In general, sign bands work well for the purpose of identifying occupancies in shopping centers because they serve to promote a consistent theme for the plaza. If the code were to
be strictly enforced, the resulting public benefit would be small in comparison to the cost to the applicant to achieve compliance.
The existence of this 1.8 foot sign band will not detract from the surrounding businesses
that have conforming signs and will not adversely affect the appearance of the community.
Staff feels the applicant's request meets all the standards for variance approval.
John Richter explained the application in detail stating that the request is to allow a sign band on the front of the building which exceeds the ratio of signage permitted. Some tenants
have window signage which will be brought into conformance. The project was developed in the County. Since the sign band is part of the architecture, it blends in well with the building.
James Baxter, representing the applicant, stated all other non conforming signs have been removed.
Commissioner Deegan questioned what could be done should the non conforming signs not be removed or to assure they do not reappear. He expressed concern because the tenants were not
present to represent themselves.
Commissioner Berfield inquired of staff if any requirements were placed on the applicant upon annexation into the City.
Mr. Shuford responded that the freestanding sign was brought up at that time but permits to build were pulled in the County.
Mr. Baxter stated this was all worked out with staff at the time of the annexation agreement. It was noted that the decorative material, if included as part of the sign, was not in
compliance but all agreed it was close to compliance.
Discussion ensued regarding signage and the leases and concern was expressed regarding what recourse the City would have if the tenants do not agree to the sign limitations. Mr. Baxter
responded it is implied the tenants must comply with sign code regulations.
Commissioner Fitzgerald moved to approve a ratio variance of 0.3 square foot of attached sign area per 1.0 linear foot of building width to allow a ratio of 1.8 square feet of sign
area per 1.0 linear foot of building width for the subject property for meeting Section 45.24, Standards for Approval, items 1-8, subject to condition that all attached signs on this
property that are not part of this application be made to conform to city code and that an addendum requiring conformance with the sign code be added to all leases. The motion was duly
seconded and carried unanimously.
ITEM #18 - Waclaw & Zenona Niewiarowski (Sunset Point Wine & Liquor) for variances (1) to permit an above roof sign; and (2) of 44 sq ft to permit a total of 108 sq ft of attached signage
to permit nonconforming signage to remain at 2516 Sunset Point Rd, Blackburn's Sub, part of Lot 12, zoned CG (General Commercial). SV 93-111
The applicant is requesting the following variances to allow the existing nonconforming attached signs to remain: 1) a variance to allow a roof-mounted sign, which is prohibited, and
2) an area variance of 44 square feet from the permitted 64 square feet to allow 108 square
feet of attached signage.
The subject property is located on the north side of Sunset Point Road, west of US Hwy 19 N, and is in the CG zoning district.
There are two attached signs on this business. One, 60 square feet in area, is located over the front of the business establishment on the roof. The other, a wall sign, is on the
building's east side and measures 48 square feet.
The applicant indicates the variances are necessary to identify this business. In particular, the applicant states if the roof sign is removed, there will be no way to communicate
to the public the type of business that exists on this property.
It is staff's position that the applicant can both comply with code and identify this business. Since this is the only business on the property, the freestanding sign can be used to
communicate to the public that this business is Sunset Point Wine and Liquor. Attached signs can also be used for this purpose. The 64 square feet of attached signs allowed by code
is sufficient to identify this business as it is to identify other businesses in the CG zone. Further, it should not be necessary to locate a sign on the roof because there is ample
opportunity for a building of this size to locate signs below the roofline. There is generous window area on the front of the store where a sign could be placed. In short, staff finds
no circumstance to warrant different treatment for this business than other businesses in this zone.
The existence of 108 square feet of attached signage, including a 60 square foot roof-mounted sign is not in character with the signage permitted for other uses in this zone and will
detract from businesses that have conforming sings as well as negatively affect the appearance of the community.
Mr. Shuford explained the application and stated that staff feels signage regulations allow adequate identification. They do not feel that the area variance is justified.
Christopher Niewiarowski, representing the applicant, stated the applicant is proposing to build a canopy behind the sign in order to attach the sign to the building. He stated the
Caesar's Jewelers sign and a tree on their property block the signage of this business. He questioned if the applicant could keep the neon sign as it serves as signage only in the nighttime.
The Mayor noted with the freestanding sign on the property, there is no need for signage on the building.
Mr. Shuford noted if these variances are denied, the applicant may keep the sign on the east side. It is the roof sign which is in violation of the code.
Commissioner Thomas inquired if the roof sign could remain if a mansard was built.
Mr. Shuford stated they could have a sign on the mansard but staff does not feel the
area variance is justified. If the roof sign were removed, no variance is required. They
could divide the permitted area between a sign on the mansard and the sign on the east or west side of the building.
Commissioner Thomas moved to deny the requested variances for the subject property for failure to meet Section 45.24, Standards for Approval, items 1-8. The motion was duly seconded
and carried unanimously.
ITEM #19 - William G. Pontrello for a variance to permit a freestanding sign of 4.42 ft in height, 4 sq ft in sign area, and with a setback of 6.7 ft from a street right of way (Chestnut
Street) to remain where freestanding signs are prohibited to permit nonconforming signage to remain at 619 Chestnut St, Wallace's Add, part of Blk 5, zoned UC(C) (Urban Center (Core).
SV 93-112
The applicant is requesting a variance to allow the continuation of a freestanding sign 4.42 feet in height, 4 square feet in area, and 6.7 feet from the Chestnut Street right of way,
in a zoning district where freestanding signs are not allowed.
The subject property is located on the south side of Chestnut Street, east of S. Ft. Harrison Avenue, and is in the UC(C) zoning district.
This property is located in the downtown core. Ordinarily, attached signs are used to identify downtown businesses. Freestanding signs are not permitted in this zone because properties
in this district are typically developed with no setback from downtown sidewalks. The subject property, however, is positioned approximately 24 feet from the Chestnut Street right of
way.
The freestanding sign is modestly sized. Staff finds this property to be unique given the setback of the building, and the request to be minimal given the modest dimensions of this
sign.
The existence of this 4.42 foot high, 4 square foot sign, having a setback of 6.7 feet from the Chestnut Street right of way, is in character with the signage permitted for the surrounding
commercial areas. The granting of this variance will not detract from businesses that have conforming signs and will not adversely affect the appearance of downtown or the community.
Staff feels the applicant's request meets all the standards for variance approval.
John Richter explained the application stating that the request was to permit a freestanding sign where one is not allowed.
Commissioner Thomas moved to approve a variance to allow the continuation of a freestanding sign 4.42 feet in height, 4 square feet in area, and 6.7 feet from the Chestnut Street right
of way for the subject property for meeting Section 45.24, Standards for
Approval, items 1-8. The motion was duly seconded. Upon the vote being taken; Mayor Garvey and Commissioners Fitzgerald, Berfield, and Thomas voted "Aye," Commissioner Deegan voted
"Nay." Motion carried.
ITEM #20 - Direction regarding Request for Reconsideration of SV93-59 (Dickey/Rehabworks, Inc.)
Scott Shuford stated staff had received a letter from the applicant's representative requesting reconsideration of the variance which was granted to a lesser degree than originally
requested. He stated the compromise permitted only one sign to remain with both businesses using that one sign.
It was noted that the applicant's representative was not present.
Commissioner Thomas moved to deny reconsideration of this matter. The motion was duly seconded and carried unanimously.
ITEM #21 - (Cont. from 3/17/94) Stein Mart Lease
The City Attorney stated the City had not yet received the Stein Mart Lease in its finalized form but indicated that the City should have it in hand by Tuesday, March 22, 1994.
The Interim City Manager stated they would reschedule this item to the special meeting to be held on March 23, 1994.
ITEM #22 - Environmental Survey - Phase 1 & 2
The Interim City Manager stated it was imperative that the Commission move forward on this item as there is a three week deadline to meet. Staff recommends the Commission award the
contract to FGS for $17,350. Discussion ensued as to what was covered by this contract and it was noted that it related to the rectangular portion of the East End project which is approximately
15 acres.
Commissioner Deegan questioned whether the contractor would be providing any services outside the scope of the contract.
Ms. Deptula responded it was not anticipated there would be other costs. The City requested the contractor to quote an hourly rate should the need arise for additional services.
Commissioner Deegan requested the item be brought back to the Commission should the original cost increase significantly.
Commissioner Deegan moved to approve award of the contract to FGS. The motion was duly seconded and carried unanimously.
The meeting adjourned at 12:25 p.m.