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06/04/1991 MINUTES PLANNING & ZONING BOARD TUESDAY, JUNE 4, 1991 Members Present: Chairman Schwob, Messrs. Carassas, Ferrell, Hamilton, Mazur and Savage Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Pat Fernandez, Recording Secretary 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. Hamilton, and seconded by Mr. Savage, to approve the minutes of May 14, 1991. Motion carried unanimously (6 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. REQUEST FOR EXTENSION - Part of Blk. 6, Wallace's Addn. to Clearwater, (606 Turner Street), Harold S. & Hazel M. Wallace, CU 90-80 Request - To permit outdoor retail sales display and/or storage of plants Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Neither the applicant or a representative was present and the Board will not consider a request unless the applicant/representative appears before the Board meeting. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request be continued to the meeting of June 18, 1991. Motion carried unanimously (6 to 0). 2. CONTINUED FROM MAY 14, 1991 - M&B 14.06, part of M&B 14.08, Sec. 21-29-15, & part of vacated 1st Ave. adjacent to Map of Belleair, Blk. 10, Lot 1 and 11 and Blk. 9, Lots 1 and 13, together w/vacated 1st Ave. adjacent to Belleview Court Sub, Blk. B, Lot 6 (621 Lakeview Rd. adjacent to S.C.L.R.R.) George L. Mallory General Inter Vivos Trust/Robert A. and Patricia A. Luke/and Seaboard Coastal RR Co., CU 91-41 Request - To permit noncommercial parking Zoned - IL (Limited Industrial) and RM-8 (Multi-Family Residential) Mr. Shuford read a letter from George Mallory, owner's agent, stating that due to opposition by adjacent homeowners he was withdrawing his application for conditional use. Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to recommend allowing the item to be withdrawn from consideration. Motion carried unanimously (6 to 0). 3. CONTINUED FROM MAY 14, 1991 Lots 21 and 33, Blk. E, Greenwood Park No. 2 (1215 N. Greenwood Avenue) Jon's Place/Frank and Alice Smith CU-91-42 Request - To permit on-premise consumption of beer and wine Zoned - CNG (North Greenwood Commercial) Mr. Shuford stated the item was continued from the last meeting to allow the applicant to present letters of support from various neighborhood groups. Letters have been received as follows: Two (2) from Clearwater Neighborhood Housing Authority, one (1) from the North Greenwood Association, Inc. and a letter with signatures from persons in surrounding businesses. The police department wrote a memo stating a lack of time to investigate thoroughly but listing some data on the applicant. Mr. Shuford advised the Board that if they were to look favorably upon this request, that perhaps a trial time period to determine the success of this proposed venture might be warranted. Jon Feazell, P.O. Box 985, applicant's representative, stated he would like to bring about favorable change in the business community by providing a quality lounge which would bring professional people to the area. In response to the Board, he stated he would like to have live entertainment which would include disco, jazz, and cover a large spectrum. When asked about the police report, he stated the assault change was erroneous and was dismissed because he was not involved and someone had stabbed his son. The other items were over ten years old. Mr. Feazell stated the building is soundproof and should not constitute a noise problem to nearby residences. There are no windows and the main door is on Greenwood. A door may possibly be added going to the parking lot. The hours of operation were discussed, however, it was felt that state alcoholic beverage laws would determine same. In support, Yacub Bilal (President, North Greenwood Association), P.O. Box 805, Clearwater 34617, stated Mr. Feazell was a contributing member of the community and they were looking to him for assistance. He noted that 20 members present voted in favor of this application at their last meeting. No one appeared in opposition to the above request. The Board asked how Mr. Feazell would aid the youth. He feels there is a lot of musical talent there that could be brought out by talent shows. Mr. Feazell has no objection to a trial time period as he will lease and if this endeavor is successful he may purchase the building. Mr. Hamilton asked about handling an extension request and the $650.00 fee necessary for the request. Other avenues were explored. One would be to require a recommendation from the police department after the trial period. Another is to recharge the advertisement fee of $50.00 as there is no specific charge for trial periods in the fee schedule. Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve the above request subject to the following conditions: 1) The requisite occupational license shall be obtained within six (6) months of the date of this public hearing; 2) Approval shall be for an eighteen (18) month trial period, at which time prior to the 18th month, a new advertising fee will be paid to readvertise only; and 3) Any required variances shall be obtained by the applicant within six (6) months of the date of this public hearing. Motion carried unanimously (6 to 0). C. CONDITIONAL USES: 1. Island Yacht Club Condominium, Island Estates, Slip #55 (200 Windward Passage) David E. Allbritton CU 91-43 Request - To permit marina boat lift Zoned - CG (General Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. James Jerichow (Dolphin Marine), 13056 Faxton Street, applicant's representative, stated the requested lift is identical to nearby lifts. 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 subject to the following conditions: 1) The slip shall not be used for liveaboards: and 2) The applicant shall obtain requisite building permit within six (6) months of this public hearing. Motion carried unanimously (6 to 0). 2. Lots 10, 11, 12 and 13, City Park Sub, City of Clearwater Marina Building (25 Causeway Boulevard) Edward and Ursula Metallo, (Marina Restaurant), CU 91-44 Request - To permit on-premise consumption of beer and wine Zoned - P/SP (Public/Semi-Public), CB (Beach Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Edward Metallo, 459 Island Way, applicant, stated he was applying to sell beer and wine at his restaurant. No persons appeared in support of or in opposition to the above request. Motion was made by Mr. Hamilton, and seconded by, to approve the above request subject to the following conditions: 1) The sales of alcoholic beverages shall be restricted to consumption on premises with no package sales; 2) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; and 3) The applicant shall obtain approval from the City Commission for a zero ft. variance to the 200 ft. separation distance from another 2-COP (Capt. Memos Pirate Cruise) on-premises consumption sales establishment. Motion carried unanimously (6 to 0). E. CHAIRMAN'S ITEMS Mr. Schwob stated he had received a letter from the City Clerk who advised that Mrs. Nixon was going to be recognized by the City Commission with a citation at the June 6, 1991 meeting. Anyone wishing to attend was invited. F. DIRECTOR'S ITEMS Mr. Shuford talked about the legal material dealing with Planning that was included in the Board member packets as a matter of information. Both papers had been presented at a recent local legal conference. Mr. Hamilton wished to go on record as objecting to the timing of the Steven M. Seibert piece presentation. Mr. Shuford will ascertain how it came to the Planning Department but stated he felt it was unsolicited. Mr. Schwob then suggested that perhaps the City Attorney give the Board an interpretation of the treatise or hold a work session. Mr. Schwob commented favorably on the letter notifying the local alcoholic beverage authority of the Board's conditional use requirements so they could advise people who apply for a change of ownership in the City of Clearwater. Other Board members requested a copy of the letter. G. BOARD AND STAFF COMMENTS Mr. Mazur advised he may not make the June 18, 1991 meeting. A replacement member has not been named to replace Ms. Nixon and there will be a conflict of interest for one member. Quorum for the Board is four votes to pass a conditional use. Applicants for cases to be submitted will be so advised. In addition, June 18, 1991 will be Mr. Ferrell's last meeting. A dutch treat luncheon will be held at Steak And Ale Restaurant, 20332 U.S. 19 North (near Gulf-To-Bay) at 11:30 a.m. Former members Ms. Nixon along with Messrs. Johnson, Hogan and Greene will be invited to attend. Staff will make the reservations and ask the City Clerk's office to notify the press. The meeting adjourned at 2:40 p.m.