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04/16/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, APRIL 16, 1991 Members Present: Chairman Schwob, Ms. Nixon, Messrs. Carassas, Hamilton, Mazur and Savage Members Excused: Mr. Ferrell Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Pat Fernandez, Transcriber Chairperson Schwob outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. A. APPROVAL OF MINUTES Motion was made by Mr. Mazur, and seconded by Mr. Hamilton, to approve the minutes of February 5, 1991. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS; 1. Request for Extension (6 months) Lot 7, A.B. and Jennie Cates Sub., (407 N. Osceola Avenue), Salvation Army, CU 90-67 Request - To permit transitional residential shelter Zoned - RM-28 (Multi-Family Residential) Mr. Shuford gave the background of the case. Mr. Savage stated he would abstain from voting as he has a conflict and sits on the Board of the Salvation Army. Capt. Tom Overton, 1625 N. Belcher Road, Clearwater, applicant, stated the Salvation Army, out of Atlanta, requires all buildings to have a sprinkler system which exceeds the city requirements and needs the additional time to complete this installation. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Carassas, to approve the above request. Motion carried (5 to 0) with Mr. Savage abstaining. 2. Request for Extension (3 months) Lots 1 and 2, Blk 1, Skycrest Unit 9, AND part of Tract A, Central Park Resub, (2045 Drew Street), Skycrest United Methodist Church, Inc., CU 90-45 Request - Child Daycare EXPANSION Zoned - PSP (Public/Semi-public) Mr. Shuford stated this was the second request and the staff sees no reason not to grant their request. Alan Gaylord, 2045 Drew Street, Clearwater, applicant, stated they are requesting a second three month extension because they are waiting for final inspection from the building and fire departments. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve a six (6) months extension. Motion carried unanimously (6 to 0). C. CONDITIONAL USES: 1. Lots 20 and 21, Bayside Sub. #2, (181 Brightwater Drive), Robert W. and Loretta M. LeClerc, CU 91-27 Request - To permit marina: one dock and two finger piers Zoned - CR-28 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion by the Board ensued regarding standardizing the conditions of approval for requests of this type. John Christopher Lombardi, 10975 49th Street North, Clearwater, applicant's representative, stated that Alan Hamill had converted a covered boat slip into a dock and two fingers with slips for six boats. Subsequently the owner discovered no permits were issued. The board asked and was advised Mr. Hamill was licensed at the time of the slip installation. Mr. Lombardi represents the property owners and advised the slips are for the use of people who stay there. There is no water or electricity for use of persons occupying boats. A question was put before the Board by the following person. Joseph Place, 613 Century Drive, Largo, advised that Mr. Hamill, even though his license has been suspended, is still in business under another name and inquired if anything could be done. Mr. Shuford stated he would advise the Building Department that this has been a continuing problem with this contractor. Ms. Nixon stated her view that a person who hires a licensed contractor and has done all they were advised by that professional should not have to pay triple fees. The Board agreed other applicants if they learned fees could be waived would always have a good reason why they should not be assessed the triple fee. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Mazur, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) The applicant shall obtain the requisite building permit within 60 days; 2) The slips shall be utilized exclusively by the owner(s) and the guests of the motel while occupying one of the living units; 3) Liveaboards shall observe City Code requirements regarding length of stay while occupying one of the living units. Motion carried unanimously (6 to 0). 2. Part of Blk 2, Baskin's Replat Resub, (2779 Gulf to Bay Blvd.), Sweaty Eddy's/Herbert E. and Jane B. Wollowick, CU 91-28 Request - To permit on premise consumption and package sales of beer, wine and liquor Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Jay Keyes, 100 Devon Drive, Clearwater Beach, applicant's representative, stated he does not intend to operate as a liquor store but would like to be able to sell alcoholic beverages along with a sandwich to go. He does not intend to stock any extra liquor specifically for package sales. He mentioned the open container law should be a deterrent for person wanting to get liquor and drive. Small sales of this type are anticipated. He feels people will want to buy their beverage where they buy their food. No persons appeared in support of or in opposition to the above request. Discussion ensued with the Board members expressing concerns including the following: This location was before the Board in 1987 and parking for package sales was felt to be inadequate. Also, complaints were received then from surrounding property owners. Today there are no complaints. Package sales seem unlikely from this type of operation when liquor is much cheaper if purchased at a beer and wine establishment. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The sale of alcoholic beverages shall be restricted to consumption on the premises only unless the applicant obtains a separation distance variance from the City Commission for a package sales operation, with package sales restricted to beer and wine sales only, with no customer accessible shelf space provided; and 2) The applicant shall obtain the requisite occupational license within six (6) months of the date of this public hearing. On a roll call vote the motion carried (5 to 1) with Ms. Nixon voting "nay" because she does not believe they should have package sales. 3. Lot 24 and east 1/2 of vacated street on west, Blk 24, Marymont Sub., (1902 Drew Street), Alternative Auto/Mark A. Arner, CU 91-29 Request - To permit 1) outdoor retail sales, displays and/or storage (automobile sales) and 2) vehicle service Zoned - CG (General Commercial) Mr. Shuford recommends a continuation due to a parking problem. Steve Eiseman, 834 Lantana Avenue, Clearwater Beach, applicant's representative, stated they would like to establish a used car lot on Drew Street and are willing to do whatever is required so they can operate at this location. Mr. Shuford stated his staff needed a revised site plan, information regarding the access agreement, and where the required parking will be relative to where the display area is going to be. Mr. Eiseman will provide us with a copy of the access agreement. Mr. Shuford is recommending that this be continued for two weeks until April 30, 1991 to give the Board the information they need to make an informed decision. In opposition, Steven Beneke, 1904 Drew Street, Clearwater, stated he owns the property adjacent to the parcel before the Board and that he and Ron Miller, to the east of the property, are against the usage of a used car lot. He is an attorney and Mr. Miller is an insurance agent. He feels a used car facility there is out of character. Parking is believed to be inadequate. In the past, people have used his lot for parking at the previous use. Also prior occupants, by having garage sales, have drawn a negative element and brought crime rates up. In rebuttal, Mr. Eiseman, stated his business would be done on a professional level. The parcel is in deplorable condition, he will improve it and will do nothing to deteriorate the neighborhood. They plan to paint, landscape, and perhaps tie in the parking with the plaza parking lot on the west side of the location. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to continue this request to the April 30, 1991 meeting to allow the applicant to supply staff with additional information and a revised plan. Motion carried unanimously (6 to 0). The Chairman advised that there will be a complete rehearing at the next meeting and suggested Mr. Eiseman and Mr. Beneke get together to discuss the matter before then. If an agreement is reached, the Board would like to be so advised. D. DIRECTOR'S ITEMS: Mr. Shuford reviewed a proposed Land Development Code Amendment which the Board had previously reviewed but which was significantly modified due to other Board and Commission comments. The amendment involved new regulations on fences and walls. Mr. Shuford advised the Board that hedge regulation was deleted, that waterfront fence setback requirements were not changed from current practice and that nonopaque fences only were allowed to exceed height requirements around swimming pools in setback areas. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above changes. Motion carried unanimously (6 to 0). Mr. Shuford asked the Board for input on triple fees when uses are initiated without conditional use permit approval. Mr. Hamilton suggested that the local State alcoholic beverage authority be notified that any change of ownership within the City of Clearwater of an establishment with an alcoholic beverage license requires City zoning approval. The Board offered to assist in any way with state legislators in attempting to put this suggestion into action. Mr. Shuford stated that staff has no authority to waive fees. The Board consensus on triple fees is if the applicant or his representative comes to the City, and the City fails to give the proper advice, then triple fees do not appear warranted. Ms. Nixon mentioned that on the south side of the Scientology property, Grey Moss Inn, there are some trees which she would like to see saved. Mr. Shuford stated they probably would be required to put monies into the tree bank, rather than actually save the trees. Ms. Nixon also reviewed her notes on the meeting of January 8, 1991 and found that her vote on item B. 4. in the minutes was recorded incorrectly. Motion was made by Ms. Nixon, and seconded by Mr. Hamilton, to approve correcting the minutes of January 8, 1991 to reflect a 6 to 1 vote on agenda item B.4. with Ms. Nixon voting "no". Motion carried unanimously (6 to 0). Mr. Hamilton did not agree with the memo from the City Clerk's office relative to farewell luncheons for departing members. Items coming before them have never been a topic of discussion at such events. These dutch-treat luncheons can be advertized and the press may be present. While the Board recognizes the staff position, they feel such luncheons are appropriate and will advise the Clerk's office of any impending functions so the press will be advised. Mr. Polatty suggested that the Planning and Development Department handle such media notices for the Planning and Zoning Board. The Board members indicated that they were photographed and received their identification cards. The meeting was adjourned at 3:45 p.m.