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08/17/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, AUGUST 17, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Bickerstaffe, Carassas, Mazur, Merriam, Savage, Ms. Martin Also present: Scott Shuford, Planning Manager Vickie Davenport, Recording Secretary ITEM A. APPROVAL OF MINUTES - None. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: Continued from 08/03/93 1. M&B 33.02, Sec 28-28-16, (2550 McMullen Booth Rd), John Hancock Life Insurance Co (Joseph & Norma I Fazio/Fazio's Lily Pond Restaurant), CU 93-44 Request - to permit on-premise consumption of beer and wine (new license) Zoned - CC (Commercial Center) and OL (Limited Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. The applicants were not present, so a motion was made by Mr. Mazur to continue this item to the end of the meeting to give them time to arrive. Motion was seconded by Mr. Bickerstaffe, and carried unanimously (7 to 0). Applicants arrived later in the meeting and their item was heard after the D-1 item on the agenda. Applicants, Joseph & Norma Fazio, 2552 Anderson Dr., stated that they are adding pasta and red wine to the menu. There were no persons present to speak in favor of or in opposition to this request. A motion was made by Ms. Martin, and seconded by Mr. Carassas, to approve this request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months of the date of this public hearing; 2) Approval shall be for consumption on premises only, with no package sales; 3) There shall be no outdoor seating or outdoor speakers; and 4) The applicant shall obtain the requisite separation distance variance from the City Commission. Motion carried unanimously (7 to 0). 2. Part of Lots 6 & 7, Hill-Top Sub, (2615 Sunset Point Rd), U-Haul Co of West Coast of Florida, Inc./Charlie Kitchin, CU 93-47 Request - to permit indoor storage and/or warehousing; a mini-warehouse Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Carassas, and seconded by Mr. Mazur, to continue this request to the September 14, 1993 meeting, to allow the applicant time to revise the site plan to meet City Code requirements. Motion carried unanimously (7 to 0). C. CONDITIONAL USES: 1. M&B 12.021, Sec 19-28-16, (29605 U.S. Hwy 19 N, Bldg 400), H.A. and J.F. Phelps/Altamura Marsh & Assoc, Inc (AMA Personal Fitness Training Center), CU 93-42 Request - to permit personal fitness training service, a use not specifically identified in the Land Development Code Zoned - OG (General Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, Timothy Johnson, 911 Chestnut St., handed out a number of letters in support of their business from people who have used their facility. Mr. Johnson explained that this business is related more toward being a medical clinic, than a exercise facility. He stated further that employees are professional people, with college degrees in fitness and are certified in personal training, and are licensed. Mr. Hamilton wanted to know if they had been operating without an occupational license, and during a sign application this was found out. Mr. Shuford stated he did not know if this was the case or not. Owner, Glenn Altamura, 2631 Winding Wood Dr., stated they have been operating for three years. The Board asked questions regarding the client/staff ratio. No persons were present to speak in favor or in opposition of this request. A motion was made by Mr. Mazur, and seconded by Mr. Carassas, to approve this request subject to the following conditions: (1) Clients are seen by appointment only; (2) Clients pay by the visit; and (3) Customer/client ratio not to exceed 1:1. Motion carried unanimously (7 to 0). 2. Lots 1, 2, 3, 4, 5 and 14, Blk 8, Clearwater Beach Revised, (10 Bay Esplanade), Howard G. and Jean B. Hamilton/Palm Pavilion of Clearwater, (Palm Pavilion, Inc), CU 93-43 Request - to permit on premise consumption of beer, wine and liquor (expansion); (conditional use for on premise consumption of beer and wine was approved on 7-13-93) Zoned - CB (Beach Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Mr. Hamilton stated conflict of interest and did not participate in discussion or vote. Mr. Carassas chaired the item for Mr. Hamilton. Applicant's representative, Harry Cline, 400 Cleveland St., was present. Mr. Cline stated this is to simply revise the alcoholic beverage license designation for a previously approved conditional use that allows the applicant to expand the western deck area to allow for seating and convert an interior room for future dining, birthday parties, or meeting room. No persons present to speak in favor or in opposition to this request. A motion was made by Mr. Merriam, and seconded by Mr. Savage, to approve this request subject to the following conditions: (1) The requisite building permit shall be obtained within 18 months from the date of this public hearing; (2) The sale of alcoholic beverages shall be limited to consumption on premises with no package sales; (3) The applicant shall obtain all necessary variances from DCAB or City Commission; and (4) The hours of operation shall be from 8:00 a.m. to midnight, seven days a week, unless further restricted by City Code requirements concerning the sale of alcoholic beverages. Motion carried 6 to 0, with one abstention. 3. M&B 31.06, 31.08 and 31.09, Sec. 15-29-15, (1141 Court Street), Emanuel & Dimitra Kotakis, TRE and George & Elefteria Mantzaris, (Kotakis Auto Body Shop Inc.), CU 93-49 Request - vehicle service; expansion of service area to allow for storage of vehicles, tires, parts or similar objects. Zoned - CG (General Commercial) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicants, George & Elefteria Mantzaris, 408 Casler Ave., were present. Ms. Mantzaris wanted condition #6 explained further, stating that sometimes after an accident, the vehicle is abandoned and it takes her six months to get rid of it. She stated that she was considering putting slats in the fence, to hide the view of the wrecked cars from the road. She stated they have been in business 27 years. Jon Sykes, 1715 Woodward Dr., is the engineer. He showed the Board a diagram regarding the proposed parking for these vehicles. There were no persons present to speak in favor or in opposition of the request. A motion was made by Mr. Carassas, and seconded by Mr. Savage, to approve this request subject to the following conditions: 1) The requisite building permit shall be obtained within six months of the date of this public hearing; 2) The requisite occupational license shall be obtained within one year of the date of this public hearing; 3) The applicant shall obtain all needed variances from the Development Code Adjustment Board; 4) The landscaping requirements of Section 42.27 shall be fully met for the part of the site under construction prior to issuance of a certificate of occupancy; 5) The perimeter landscaping material requirements of Sec. 42.27(3)(a) shall be met along the north side of the remaining part of the site (i.e. along Court Street) prior to issuance of a certificate of occupancy; and 6) All vehicle service activities shall be conducted indoors, with outdoor storage of vehicles allowed only in the southwest corner of the site in an enclosed area; no other outdoor storage shall be permitted. Motion carried unanimously (7 to 0). 4. Lot 10 together with the southerly 28 ft of Lot 11, Unit 2, (301 Island Way), Island Estates of Clearwater, (Pelican Port), CU 93-50 Request - to permit marina use; five private slips Zoned - RM-20 (Multiple Family Residential "Twenty") and AL-C (Aquatic Land-Coastal) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant's representative, also the engineer, David Ramsey, 701 East Gulf Blvd., IRB, was present. He discussed the configuration of the docks and the requirements of the Pinellas County Water and Navigation Authority. An inquiry from a Board member revealed that the deed restrictions for docks in Island Estates allows docks only 30 feet in length. Mr. Ramsey stated that he would find out from the seller about the deed restrictions concerning docks. No persons were present to speak in favor of this request. The following person was present to speak in opposition to this request. Fred Backum, 321 Palm Island SE, stated there are deed restrictions in Island Estates, for safety reasons and for appearances. He stated the Harbormaster sees no problems with navigation. Mr. Ramsey spoke in rebuttal. He said he would check the deed restrictions, and is requesting a continuance to the next meeting. A motion was made by Mr. Bickerstaffe, and seconded by Mr. Mazur, to continue this item until the September 14th meeting. The motion carried unanimously (7 to 0). 5. Block 2, Lots 2, 3, and part of Lot 1, and vacated Nicholson St, filled submerged land and submerged land, J.A. Gorra Sub.; Lots 13, 14, 23 and part of 22, filled submerged land, submerged land, and riparian rights, Sue Barco Sub., (900 N. Osceola Avenue), Clearwater Bay Marine Ways, Inc., (Reef Tours), CU 93-51 Request - to permit marina use; charter dive boat Zoned - CR-24 (Resort Commercial "24") and AL-C (Aquatic Lands-Coastal) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicants, Eugene & Sandra Nipper, 1610 Sierra Circle, were present. Mr. Nipper stated he has been a captain for one year and on the water 16 years. There is no problem with parking. He also stated he ran this type business on the east coast. There were no persons present to speak in favor or in opposition of this request. A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: (1) The initial occupational license shall be obtained within six months from the date of this public hearing; (2) The charter dive boat shall be limited to six persons only on each party; (3) All safety devices shall be provided; (4) The charter dive boat shall pose no hazard or obstruction to navigation, as determined by the city harbormaster; and (5) The charter dive boat customers shall not park their vehicles in Seminole Launching Ramp located at the south of the subject property. Motion carried unanimously (7 to 0). 6. Block 17, Lots 14 and 15, and part of Lot 16, Magnolia Park, (802 Turner St), Philip Halchuk, (Clearwater Children's Center), CU 93-52 Request - to permit child day care; expansion of use area Zoned - OL (Limited Office) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Philip Halchuk, 690 Island Way, Apt. 1009, was present. He stated all he wanted to do was to expand the parking and play areas. There were no persons present to speak in favor or in opposition of this request. A motion was made by Mr. Carassas, and seconded by Mr. Mazur, to approve this request subject to the following conditions: (1) The requisite building permit shall be obtained within six months of the date of this public hearing; (2) The applicant shall provide a five foot wide landscaped buffer containing the plant material requirements of Section 42.27(3)(b) of the City Code along the eastside of the property; and (3) The outdoor play area shall not be used before 9:00 a.m. or after 7:00 p.m. Motion carried unanimously (7 to 0). 7. M&B 33.05, Sec. 12-29-15, (1838-1842 Drew Street), Emil J. Metz/Hanyn B. Arana, (Caramba's Restaurante Mexicano), CU 93-53 Request - Alcoholic beverage sales; consumption on premises Zoned - CG (General Commercial) and RS-8 (Single Family Residential "eight") Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. Applicant, Hanyn B. Arana, 5026 Parish Lane, Safety Harbor, was present. He gave his background in working in restaurants, such as Tio Pepe's and Columbia Restaurants, and stated he has been open for seven months. There were no persons present to speak in favor or in opposition to this request. A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe, to approve this request subject to the following conditions: (1) The facility shall not remain open past 10:00 p.m.; (2) Approval shall be for on premise consumption only with no package sales; (3) The requisite occupational license shall be obtained within six months of the date of this public hearing; and (4) The "pencil" structure shall not be used as a sign (no business name shall be displayed on the sculpture). Motion carried unanimously (7 to 0). D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW: Request for Annexation, Land Use Plan and Zoning Atlas Amendment 1. Part of Lot 19, Pinellas Groves Sub, (2345 Nursery Rd), Jeanne B. and James E. Wagner, A 93-18; LUP 93-24 LUP: From Unclassified to Low Density Residential ZONE: RS 6 (Single Family Residential) Mr. Shuford gave the background of the case and presented, in writing, the staff recommendation. There were no persons present to speak in favor or in opposition to this request. Recommended the City Commission approve the request for Annexation, Land Use Plan, from Unclassified to Low Density Residential, and Zoning of Single Family Residential "Six". Motion was made by Mr. Mazur, and seconded by Mr. Carassas. Motion carried unanimously (7 to 0). E. CHAIRMAN'S ITEMS F. DIRECTOR'S ITEMS Mr. Shuford stated that he is trying to get the joint session with City Commission rescheduled. The Board members would like to have it right before their next scheduled meeting, which is September 14th. Mr. Shuford informed the Board members that an agenda would be sent out to them in advance. G. BOARD AND STAFF COMMENTS Adjournment: 3:25 p.m. __________________________________________________________ James M. Polatty, Jr., Director of Planning & Development