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10/03/1990 PUBLIC HEARING October 3, 1990 10:00 a.m. Hearing Officer: K. N. Ayers Also Present: Scott Shuford, Planning Manager Susan Stephenson, Deputy City Clerk Issue: Mobil Oil Corporation for a variance of 22 ft to permit canopy (fascia) 3 ft from a street right-of-way at 1601 Gulf-to-Bay Blvd, Longview Sub, Lots 1 & 2, zoned CG (general commercial). V90-67 - DOAH Case #90-4381 Appearances: Miles Lance, Assistant City Attorney, representing the City of Clearwater Angela Adams, attorney, representing Mobil Oil Corporation Exhibits Submitted: 1.Tape of excerpts from Development Code Adjustment Board meetings of 5/10/90 and 6/14/90 and other attachments to letter from Miles Lance to Department of Administrative Hearings dated 7/12/90. 2.Copy of Ordinance #1007. 3. Copy of Ordinance #1038. 4. Copy of portion of zoning atlas page depicting area where subject site is located. 5. Copy of Ordinance #3269-83. Angela Adams, attorney for Mobil Oil Corporation, stated the property is located at the corner of Gulf-to-Bay and Lake. It was developed in 1964 as a service station and has been operated by Mobil Oil since 1972. The property was developed per the Code and has been made non-conforming by subsequent amendments to the Code. In 1989 Mobil requested a variance to reconstruct the building but in order to make this feasible it would be necessary to increase pumping capacity. The Development Code Adjustment Board denied the open space variance. The present request is to permit them to install new pump islands and replace the existing canopies. They propose to add landscaping and reduce the encroachment into the pump island setback. At the Development Code Adjustment Board meeting in May it was determined clarification was needed regarding overhangs extending into the building setback and the matter was continued. Subsequently, it was determined that a variance would be needed for the canopy. At the Development Code Adjustment Board meeting in June, the variance request was denied. Walter Hanaway, President of Petroleum Structures, was called as a witness by Mobil. He stated the existing canopies have been sandblasted, patched, and painted numerous times over the years and are now beyond repair. Replacement parts are no longer available and the lighting is inadequate. Vivian Kuo, Mobil Oil Corporation Project Engineer, stated the canopies are for protection of customers from weather and to provide lighting. She stated the site is 142 feet by 128 feet and was developed in conformance with the Code that existed when the station was constructed. Miles Lance, Assistant City Attorney, stated the site can be redeveloped without variances. Granting of variances is not intended to perpetuate an existing non-conformity. The Board determined there was no condition unique to the property and felt the motivation was primarily the feasibility of rebuilding as opposed to simply replacing the canopies and making other renovations. Scott Shuford, Planning Manager for the City of Clearwater, stated Mobil wishes to upgrade the site. When a question arose in the May meeting regarding interpretation of the code with respect to canopies, the matter was continued. It was determined that the canopy must be attached to the structure and no supports are allowed in the setback area. In response to a question from Ms. Adams, Mr. Shuford stated the planning staff recommended approval of the variances as they felt the existing structure created a unique condition and they felt the variance was the minimum necessary to overcome the hardship. He pointed out that staff comments are merely a recommendation and it is the Board that makes the final decision. He also stated that all code requirements could be met if the site were rebuilt. In closing, Ms. Adams stated that Mobil has satisfied all standards required for approval of variances. The canopies have passed their useful life and the physical surroundings create a hardship. Mobil has done everything possible to bring the property into conformance. In closing, Mr. Lance stated the property can and must be developed without variances. The site is of a size that allows reasonable use of the property. The purpose of the Board is, in part, to control development, reduce traffic, etc. and their decision was fair and legal. The Hearing Officer stated that any proposed Orders may be submitted within 10 days. Meeting adjourned ar 11:15 a.m.