12/17/1991
MINUTES
PLANNING & ZONING BOARD
TUESDAY, TUESDAY, DECEMBER 17, 1991
Members Present: Chairman Schwob, Messrs. Bickerstaffe, Carassas, Hamilton, Mazur, Merriam, and Savage.
Members Excused:
Also Present: 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. Merriam, to continue the minutes of the December 3, 1991. Mr. Merriam, on his Wal-Mart "nay" vote, cited three paragraphs of the
code requirements for rezoning that were not met. Motion carried unanimously (7 to 0).
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
C. CONDITIONAL USES:
1. Lots 84 and 85, Clearwater Beach Park Sub (26 Papaya Street), Apostol G. and Helen A. Gelep (Crazy George's Inc.) CU 91-86
Request - To permit package sales of beer and wine
Zoned - CB (Beach Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
George Kokoris, applicant, 2036 Chadsworth Drive, Dunedin, stated he has been in business for one and a half months and would like to improve his business.
No persons appeared in support of or in opposition to the above request.
In answer to questions from the Board, the business with favorable action would be legitimized. The use was grandfathered in however transfers of ownership have not received conditional
use permit approval and such action is now requested. The previous owner was in business from 1988. Concerns were expressed about not allowing more package sales on the beach. They
noted the denial to Pick Kwik. The difference is there is an established alcoholic use here and that it is not in close proximity to a residential area. If there was an impact on the
beach, persons would be here to express their views. The point was expressed that an image is being created for persons coming onto the beach and viewing the myriad of beer signs in
his window.
Motion was made by Mr. Bickerstaffe, and seconded by Mr. Merriam, to approve the above request subject to the following conditions: 1) The sale of beer and wine shall be restricted to
package sales only with no consumption on premises; 2) The requisite occupational license shall be obtained within six (6) months from the date of this public hearing; 3) The closing
time shall be no later than 12:00 midnight; and 4) All signage shall be in compliance with City code. Motion carried 6 to 1, with Mr. Carassas voting "nay" due to the application not
being consistent with the community welfare.
2. Lot 2A, Campus Walk Sub (2551 Drew Street, Suite 107), Robert E. and Kathleen P. Alpaugh/E. Eugene and Donna L. Sitton/Edward M. Hanna, E. E. Chaires, Jr., and Dorothy O. McKeehan,
as Trustees of the Charles W. Birdsong Trust/ a/k/a ABS Properties (Madeline E. Levitt/Leone's Pizza and Italian Eatery) CU 91-87
Request - To permit on-premise consumption of beer and wine
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Robert Resch, applicant's representative, 210 Orangewood Avenue, Clearwater, advised the owner has added numerous improvements to attract family clientele. There will be no exterior
seating on premises.
The variance request will go to the City Commission on January 16, 1992.
Madeline E. Levitt Leone, applicant, 1816 Lake Cypress Drive, Safety Harbor, was asked about her experience. She informed the Board her father was a famous New York chef and her husband's
family has over 100 years experience in the restaurant business.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The sales of alcoholic beverages shall be limited 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; 3) The applicant shall
obtain approval from the City Commission for a variance of 180 ft. to permit alcoholic beverage sales 120 ft. from a residential zone; and 4) The sale of alcoholic beverages shall be
prohibited after the hour of 12:00 midnight. Motion carried unanimously (7 to 0).
3. M&B 33.07 and part of M&B 33.04 and 33.09, Sec 8-29-16 (2620 Drew Street), W. Jack Kennedy/Life Savings & Loan Assn. (Quick Lube, Inc.) CU 91-88
Request - To permit vehicle service
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Farhod Nikjeh, applicant, 3545 Landmark Trail, Palm Harbor, stated he is asking for approval of his request and has no trouble with a flow-through car wash facility.
Motion was made by Mr. Mazur, and seconded by Mr. Bickerstaffe, to approve the above request subject to the following conditions: 1) The requisite building permits shall be obtained
within six (6) months from the date of this meeting; and 2) The car-wash facility must be utilized as a flow-
through facility, as proposed by the applicant, rather than a drop-off/pick-up center. Motion carried unanimously (7 to 0).
E. CHAIRMAN'S ITEMS
The definition of a quorum in the Rules of Procedure needs to be clarified. Mr. Shuford pointed out a change occured last Spring when the City Commission adopted an ordinance that established
a quorum for this Board when hearing a Conditional Use request as four rather than five.
Mr. Shuford will change the Quorum section of the Rules and bring them back for the January meeting with language to reflect that change.
No other changes were suggested.
Mr. Merriam questioned the stating of a reason in the minutes for a negative vote. It is recognized stating a reason is not in the rules. While some feel it is an excellent idea comments
made in hearings where tape transcripts are used take comments out of context and then use it in their arguments to overturn a Board decision. Reasons should be based on the code but
that can get very legal. Giving a reason should be a personal choice and members feel they should not have to defend their vote. Mr. Shuford will discuss this with Mr. Galbraith and
added that giving a reason could show that the standards of approval were considered by the Board.
Elections of officers was covered by Board members informally last year. This informal agreement is that the Chairman and Vice Chairman change annually at the first meeting in January.
Mr. Bickerstaffe and Mr. Savage do not feel they have the experience at this time to be Chairman. The vote will be at the end of the next meeting.
The Pelican has new ownership and they have not yet appeared before the Board.
The Gallery Restaurant on Sand Key has put up new colored neon lights which detract from the restaurant sign and appear incongruous for that area. Their legality was questioned.
Mr. Hamilton, who no longer has a conflict with the Penquin Palace, stated they have an outdoor patio. Entertainment is not believed to have been a condition and the noise emanating
from this patio is becoming a problem.
A question was asked as to the disposition of the Bayway property. DCAB turned down their request for a parking variance and modified another variance. They are now asking for a continuance
on an alcoholic separation variance. They may appear before the Planning and Zoning Board again.
F. DIRECTOR'S ITEMS
The Downtown Plan will be advertised for the January 14, 1991 meeting. Copies of the Executive Summary were given out and are intended to be used as a familiarization tool before delving
into the plan itself. The Plan is intended to get the City through the transition period into downtown. Consideration needs to be given to Drew Street as the City now has the option
to eliminate part of Drew and have a true waterfront park extend to the water's edge.
Both Mr. Mazur and Mr. Bickerstaffe are on the Mass Task Force and asked Mr. Shuford to
inquire of Legal if they may become involved in the Downtown Plan development discussion since the Maas Brothers site may be part of the January meeting discussion.
Mr. Mazur also asked if staff would make a ten-minute presentation to the Maas Task Force in January.
G. BOARD AND STAFF COMMENTS
The meeting was adjourned at 5:50 p.m.
James M. Polatty, Jr., Director, Planning & Development