10/18/1994 MINUTES
PLANNING AND ZONING BOARD
October 18, 1994 - 2:00 P.M.
Commission Chambers, 112 South Osceola Avenue, Clearwater FL
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present: John Carassas, Chair
Lois Martin, Vice Chair
Robert D. Bickerstaffe (arrived 2:15pm)
Jay Keyes
Kemper Merriam
Brenda Nixon
Members Absent: Edward Mazur
Also Present: Scott Shuford, Director, Central Permitting
Sally Demarest, Board Reporter
Chairman Carassas 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.
Item
A. Approval of Minutes:
Motion by Mr. Keyes, duly seconded, approved the minutes of the October 4, 1994 meeting.
B. The following request for extension, deferred or continued items was considered:
1.(cont. from 10/4/94) Tri-High Corp/Steve Beneke (Easy Time Sports Pub) to permit on premises consumption of beer and wine (new license) at 1717 Drew St, Skycrest Sub Unit 1, Blk C,
Lot 2, zoned CG (General Commercial). CU 94-85
Central Planning Director Shuford gave the background of the case and presented, in writing, the staff recommendations. He noted the request was continued from October 4, 1994 to provide
additional police reports for the past three years at this location. Those reports from February 11, 1990 to June 19, 1994 indicate minimal police problems.
Roy Trout, 2225 Riviera Lane, Clearwater, spoke as the applicant. He apologized for comments he made at the last Board meeting relative to a letter received in opposition. He indicated
Easy Times Sports Pub is a family oriented business. He indicated his back lot serves patrons for parking and will be paved, noting 15 parking spaces in front and 15-20 in the back.
There were no persons or documents in support or opposition to this application.
Motion was made by Mr. Keyes to approve the 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) the sale of beer and wine for on-premises consumption shall occur only during the hours of 11:00 a.m. to midnight on weekdays and 11:00 a.m. to 2:00 a.m. on weekends
(Friday and Saturday nights); 3) the sale of beer and wine shall be restricted to consumption on premises only with no package sales; 4) within four months from the date of this public
hearing, the applicants shall complete the rear parking lot improvements including repaving and striping, and shall re-stripe the front parking lot in accordance with City Code Standards;
and 5) there shall be no outdoor seating, outdoor entertainment or outdoor speakers. The motion was duly seconded and carried unanimously.
C. The following conditional use applications were considered:
1. Seawake Motel, Ltd. (Best Western Sea Wake Inn) to permit outdoor commercial recreation at 691 S. Gulfview Blvd., Bayside Sub #5, Blk C, Lots 16-19, riparian rights and land on South
of Lot 19, zoned CR 28 (Resort Commercial) & OS/R (Recreation/Open Space). CU 94-80
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He indicated the applicant proposes to operate a ski school and parasailing business
for motel guests rather than commercial, with the beachfront of the Best Western Sea Wake Inn as the base of the operation.
Mr. Shuford added the Harbormaster does not have a problem with this request providing the applicant operates inside Clearwater Harbor and stays away from boat traffic.
In the ensuing discussion Mr. Bickerstaffe wished the record to state he is opposed to wave runners chasing boats as an unsafe condition. A suggestion was made to limit operation of
the business to daylight hours.
Mr. Alfredo Mendoza, 3167 Bay Lane, Clearwater, speaking for the applicant, Seven Seas Equities, Inc., indicated it is transferring operations from the Hilton to Best Western Motel.
He added the company has been in business for 15 years, and is a safe operation. He emphasized the business is parasailing and waterskiing only, not jet skis.
Replying to a question, Mr. Mendoza stated the boats use the channel to the beach to pick up customers at the hotel and then go to the middle of the Bay. He added the subject boats
would stay out of the way of wave runners and other boat traffic.
Following a short discussion, Mr. Keyes moved to approve the request subject to the following conditions: 1) The operation of the ski school and parasailing shall be inside Clearwater
Harbor and away from boat traffic and restricted from the Sand Key bridge north in the channel (Clearwater Pass); 2) the applicant shall obtain from the City and County all applicable
licenses within six months from the date of this public hearing; 3) the ski school and parasailing operation shall be limited to six persons/students only on each operation and shall
be conducted by a USCG licensed captain/jump master; 4) all safety devices shall be provided; 5) hours of operation shall be from 10:00 a.m. to
sunset; 6) the applicant shall provide two additional parking spaces required or otherwise obtain parking variance approval; and 7) liability insurance shall be required to meet City
Risk Management requirements. The motion was duly seconded and carried unanimously.
At this point, Chairman Carassas introduced representatives from Clearwater's sister city, Nagano, Japan, who were accompanied by Central Permitting Manager Sandy Glatthorn, and were
greeted by the Board.
2. K.D. Sauder, Trust/James & Susan Skatzka (Barney Oldfield's) to permit (1) on premises consumption and (2) package sales of beer, wine, and liquor (new license) at 1969 Sunset Point
Rd, Pinellas Groves, Sec 01-29-15, part of Lots 1 & 2, less road on NE, zoned CN (Neighborhood Commercial). CU 94-81
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He indicated this is a request to allow a new alcoholic beverage license for the sale
of beer, wine and liquor for on-premises consumption and package sales. It was indicated 80 parking spaces are available at Time Plaza which the applicants intend to share. The applicants
do not intend to provide entertainment at this time. Mr. Shuford noted the police department's background investigation which indicates no adverse information to report.
Answering a question, Mr. Shuford noted package sales were restricted at Boomerang's in the past; however, the Board recently adopted a change in philosophy whereby, unless near a residential
area, etc., package sales were granted if requested, providing there be no display area.
Mr. Chris DeMaio, 214-A Howard Drive, Belleair Beach, a personal friend of the applicants, offered a letter of authorization to Mr. Shuford and spoke for the applicant, James and Susan
Skatzka. He described the owners as very professional operators and noted their past business involvements.
There were no persons or documents in support of or opposition to this application.
Chairman Carassas noted a general Board policy whereby the hands-on managers of the business appear in person to meet the Board and answer questions. It was the general consensus of
the Board that these applicants were known, well-referenced and had substantial business experience.
The Chairman noted this is a new 4-COP liquor license and indicated apprehension whereby, if sold, the business could turn into another type of establishment in the future. He repeated
the necessity of the personal appearance of applicants. Conversely, it was noted that applicants' business activities may preclude attendance, and reputation and past business history
should be considered.
It was pointed out, under the Responsible Vendor Program, the applicant will be covered by the Hotel and Restaurant Commission license and have 90 days to complete appropriate course
work or lose their license.
Mr. Bickerstaffe moved to approve the request subject to the following conditions: 1) The applicants shall obtain the requisite occupational license within six months of the date of
this public hearing; 2) the applicants shall obtain the necessary alcoholic beverage separation variance from the City Commission; 3) no customer accessible display areas for package
sales shall be allowed; and 4) there shall be no outdoor speakers or outdoor entertainment. The motion was duly seconded and upon the vote being taken, Ms. Nixon and Messrs. Keyes,
Bickerstaffe and Merriam
voted "aye"; Chairman Carassas and Ms. Martin voted "nay". The motion carried (4-2).
3. Jonathan O. & Merrill S. Hanke to permit vehicle service at 1139 Eldridge St., New Country Club Addition, Part of Blk D, zoned IL (Limited Industrial). CU 94-82
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He indicated the proposed vehicle service will be primarily auto repairs. This will
include auto body work and all aspects of mechanical work including rebuilding. The business will be known as "Fred's Auto Repair." He added no change to the existing non-conforming
parking is required because the proposed use requires less parking spaces than the previous use. Staff suggested limited hours of operation.
Mr. John A. Skicewicz, P.A., 1988 Gulf to Bay Boulevard, Clearwater, speaking for the applicant, indicated since filing, the original application has changed hands and is now in the
name of Fred Judy, whom Mr. Skiceqwicz now represents. Mr. Shuford invited Mr. Skiceqwicz to modify the necessary application at Central Permitting.
In view of a neighboring moving company, active rail line, National Guard and other automotive businesses, Mr. Skicewicz questioned the need for restricting hours of inside operation
as a condition.
In the ensuing discussion, hours of operation were discussed. Concern was expressed that vehicles are parked on the property and left in various states of disrepair, and the noise of
outside work which would disturb neighbors. It was suggested that traffic engendered should also be considered. General consensus indicated, without a noise problem, unlimited hours
of operation could be considered.
There were no persons or documents in support of or opposition to this application.
Mr. Bickerstaffe moved to approve the request subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public
hearing; 2) vehicle services shall be limited to the five service bays and there shall be no outdoor servicing of vehicles; 3) the applicant shall provide an appropriate dumpster to
adequately handle the disposal of trash. The dumpster shall be located according to the Sanitation Division standards within six months of the date of this public hearing; 4) the site
shall meet all Sanitation Division requirements at all times, and be maintained in a litter-free condition; 5) all parts, used tires and other materials used in the conduct of the business
shall be stored indoors in a building or other enclosed structure; and 6) the applicant shall meet all supplementary conditions for vehicle service uses provided in Section 41.053 (30)
of the City Land Development Code. Saturdays and all day on Sundays. The motion was duly seconded and carried unanimously.
4. Helen A. & A.G. Gelep/Slick Billy's Inc. to permit package sales of beer and wine (ownership change) at 26 Papaya St., Clearwater Beach Park, Lots 84 & 85, zoned CB (Beach Commercial).
CU 94-83
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He indicated the applicant is requesting change of business ownership from "Crazy George"
to "Slick Billy's, Inc.", a package sales operation. The use is grandfathered and there has been little police activity at this location.
The applicant, Mr. William Alexander, 25 N. Belcher Road, Clearwater, indicated the business will be operated as before, with liquor sales exactly the same. Proposed hours of operation
are Monday through Thursday, 9:30 a.m. to 9:00 p.m.; Friday, Saturday and Sunday, 11:00 a.m. to 10:00 p.m. There is no plan to expand at this location.
There were no persons or documents in support of or in opposition to this application.
Ms. Nixon moved to approve the request subject to the following condition: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing.
The motion was duly seconded and carried unanimously.
5. Amza D. & Neim B. Abdullaj (Dervish Bros. Gallery Restaurant & Lounge) to permit on premises consumption of beer, wine, and liquor (expansion) at 1370 Gulf Blvd., Sec 19-29-15, M&B
14.04 & 14.05, zoned CG (General Commercial) & OS/R (Recreation/Open Space). CU 94-84
Mr. Shuford gave the background of the case and presented, in writing, the staff recommendations. He indicated concerns expressed by other City departments and staff's recommendation
that the item be continued. He noted particularly past arrests of some of the principals involved and code violations involving occupational license issuance.
The applicant, Mr. Amza D. Abdullaj, 1370 Gulf Boulevard, Sand Key, Clearwater, indicated the business has operated in Clearwater since 1970 and the original conditional use application
was filed a year ago. Replying to a question from the Chairman, he asked for a vote today. Mr. Abdullaj described his business at length. He said economics precluded earlier replacement
of the deck.
In the ensuing discussion, Mr. Abdullaj was reminded the Board does not allow entertainment abutting a residential area. Mr. Abdullaj said he received noise complaints and only had
music a couple of times, not permanently.
There were no persons to speak or documents in support of this application.
Mr. Ed Armstrong, 911 Chestnut Street, Clearwater, attorney represented Sand Key Club located immediately south of the subject property, a distance of 60 feet from the proposed deck.
At the invitation of Chairman Carassas, approximately 20 people stood in opposition. Mr. Armstrong indicated three issues to be considered: 1) sec. 41.091, a 250 ft. separation is
required; 2) a parking variance granted the application carries conditions which have not been complied with; 3) the ability to sell alcohol is a privilege, not a right and goes through
the conditional use process; and 4) sec. 6.27 of the code lists circumstances under which the selling of alcohol should be revoked. Mr. Armstrong particularly noted firearms violations
and related offenses of the applicants.
Mr. Tom Kenyon, 1390 Gulf Boulevard, Apt. 1102, Clearwater, spoke in opposition. He is retired and said he moved to Sand Key for quiet. He objected to the disturbance of music and
the noise of patrons in the parking lot.
Ms. Elizabeth Oates, 1340 Gulf Boulevard, Apt. 14-A, Clearwater, president of Crescent Beach Club, objected to the beach bar. She described problems with noise, open garbage cans,
rat problems, outside music and entertainment, adding the restaurant itself was not a problem.
In rebuttal, Mr. Abdullaj said he believed he needed an attorney. He said his business started in 1978 and cited his efforts to be a good neighbor. He noted other Sand Key businesses
and the growth of his business over the years. Mr. Abdullaj stated his brother was a legitimate weapons collector, and a machine gun mentioned was just a semi-automatic.
In rebuttal, Mr. Armstrong said in order to prevail, the applicant must meet all standards of code 41.033, i.e., use shall be consistent with community welfare and shall not detract
from the public's convenience at a specific location; the use shall not unduly decrease the value of neighboring property; and the use shall be compatible with the surrounding area and
shall not impose an excessive burden or have substantial negative impact on surrounding or adjacent neighbors or community facilities or services. He added the applicant has not met
those standards. Mr.
Armstrong submitted photographs to the Board.
Mr. Abdullaj spoke briefly, citing helpfulness to the City. Replying to a question, he said the business name is Dervish Bros. Gallery Restaurant and Lounge. He did not know why the
corporation is not registered with the State and said it may be a partnership.
Mr. Shuford indicated decision-making information was not received until just prior to the meeting. He said if pressed for a recommendation today, using only the information available,
staff would recommend denial. The Board requested information as to whether the original deck and entertainment were previously permitted. Mr. Shuford offered to obtain information
relative to the separation variance issue, 1980's parking variance and historical permitting background.
Ms. Nixon moved to continue the request to the November 1, 1994 meeting. The motion was duly seconded. Mses. Nixon and Martin, Messrs. Bickerstaffe and Keyes voted "aye"; Chairman
Carassas and Mr. Merriam voted "nay". Motion carried (4-2).
The following annexation, zoning, land use plan amendment or land development code text amendent or local planning agency review was considered:
ORDINANCE NO. 5682-94 OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; CREATING SECTION 42.36, CODE OF ORDINANCES, TO ESTABLISH SITE LIGHTING RESTRICTIONS FOR
RESIDENTIAL AND NON RESIDENTIAL PROPERTIES; PROVIDING AN EFFECTIVE DATE.
Mr. Bickerstaffe moved to continue this item to an unspecified date. The motion was duly seconded and carried unanimously.
The following Director's items were discussed:
Mr. Shuford asked whether the Board members wished Boomerang's to return. Ms. Nixon said she did; other Board members indicated they did not. The policy was reiterated, i.e., if package
sales were requested, there will be no customer accessable shelf space. The issuance and transfer of liquor licenses was briefly discussed.
Mr. Shuford said the City Commission will first consider the alcoholic beverage ordinance on November 17, 1994, adding the Development Code Adjustment Board recommended approval with
one change -- they felt appeals should go to a Hearing Officer.
Following are Board and Staff comments:
Questions arose as to the absence of written noise complaints with application CU 94-84, considering the number of complainants at the meeting today, and whether there was a permit for
the outside bar. Mr. Shuford will gather more information.
A procedural point regarding rebuttal was raised; applicants have the final opportunity to speak; if there is no one to speak in favor, there should not be a rebuttal.
Chairman Carassas reported he had presented and summarized the 1993 Annual Report to the City Commission yesterday, indicating the Commission thanked him and the Board members for their
volunteer time. Chairman Carassas was complimented on his excellent presentation.
By motion, duly seconded, the meeting adjourned at 4:02 p.m.
__________________________________________
Scott Shuford
Director, Central Permitting