11/29/1990 PUBLIC HEARING
November 29, 1990
9:20 a.m.
Hearing Officer: K. N. Ayers
Also Present: Keith Crawford, Traffic Engineer, City of Clearwater
Scott Shuford, Planning Manager, City of Clearwater
Susan Stephenson, Deputy City Clerk
Issue: Manuel Kastrenakes (Pinellas Rent-a-Car) to permit outdoor retail sales, displays and/or storage at 2576 Harn Blvd, Sec 19-29-16, M&B 14.05, zoned CH (highway commercial).
CU 90-51 (DOAH Case #90-5002)
Appearances: Milton A. Galbraith, Jr., City Attorney, representing City of Clearwater
Louis Bakkalapulo & Thomas G. Hersem, attorneys representing the Petitioner
Exhibits Submitted: Composite #1. Tape of excerpts from Planning & Zoning Board meeting of July 17, 1990 and other enclosures included in letters to Division of Administrative Hearings
dated August 8, 1990 and August 15, 1990.
Louis Bakkalapulo stated the parcel is approximately 20,000 square feet and a conditional use was requested to permit storage of new vehicles on the site. Staff recommended approval
but the Planning & Zoning Board denied the request because they felt the use would have an adverse affect on adjoining property. He pointed out that most of the problems noted could
be addressed by the conditions that were recommended should the request be granted.
Daniel Massaro, President of a design firm in Dunedin, stated he was asked by the Petitioner to prepare a site plan using the existing building and an addition for the car rental business.
He stated there will not be any cars parked in the right-of-way and sees no problem with parking in the green space in the front yard and the 15 ft. buffer on the west property line.
Keith Crawford, City Traffic Engineer, stated he reviewed the drawing submitted with the conditional use application. He made a general remark on the comment sheet but made no specific
recommendation. He did not see any problem with the request.
Scott Shuford, City Planning Manager, stated his staff suggested several conditions should the request be granted. There was a concern regarding hours of operation and it was pointed
out that the conditions and recommendation of approval were made prior to public comment. Since the public input, he feels
additional conditions should be imposed if the request is approved but still does not recommend denial. It is his feeling that the conditions address the concerns of the adjoining
property owners.
Manuel Kastrenakes, petitioner, stated he purchased the property in August 1990. He has tried to clean the property up and stated no trucks or wrecked cars will be stored on the property
as he wishes to concentrate on the car rental business. He stated the gas station was purchased in 1981.
Two citizens representing a homeowners association and a condominium association asked the Hearing Officer to uphold the decision of the Planning & Zoning Board citing concern regarding
incompatibility with the surrounding property, concern about increased traffic, establishment of a precedent for commercial ventures on Harn Boulevard, and lowering of the value of adjacent
properties. It was acknowledged that the conditions addressed some of their concerns.
In closing, Mr. Bakkalapulo stated all the concerns were addressed by the conditions and he asked that the Board's decision be overturned.
In closing, Mr. Galbraith state the use is incompatible with the surrounding area and the Board's decision should be upheld. However, should the Hearing Officer decide to reverse the
Board's decision, he asked that the request be granted subject to the conditions suggested by City staff.
The Hearing Officer stated that any proposed orders be submitted within ten days.
Hearing adjourned at 10:28 a.m.