CITY OF INDIAN ROCKS BEACH BOARD OF ADJUSTMENTS AND APPEALS

Transcription

1 MINUTES CITY OF INDIAN ROCKS BEACH BOARD OF ADJUSTMENTS AND APPEALS The Regular Meeting of the Indian Rocks Beach Board of Adjustments and Appeals was held on April 21, 2009, at 7:00 p.m., in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Present: Absent: Chairperson Steven Cohen Vice Chairperson Jim Labadie Board Member Waldemar Clark Board Member Richard Smith City Manager Charles S. Coward Building Official John Mortellite st 1 Alternate Board Member Rick Alvarez nd 2 Alternate Board Member Lynn Johler - Excused Resigned: Vivan Nolan 1. APPROVAL of the March 17, 2009 minutes. Motion made by Board Member Clark, seconded by Vice Chair Labadie, to approve the March 17, 2009 minutes as written. Unanimous approval by acclamation. 2. RESOLUTION NO /BOA CASE NO Considering a variance request of 3 feet from the required 25 foot street-front th setback at Avenue, legally described as Indian Beach Re- rd revised, 3 Addition, Block 1, Lot 31. BACKGROUND: Charles and Robin Harris, owners of a vacant lot at th Avenue, have applied for a variance of 3 feet from the required 25 foot streetfront setback to construct a single family house. Owner: Charles and Robin Harris Representative:Robert Lord Location: th Avenue Zoning: S Single Family Page 1 of 10

2 SITE INFORMATION: Property Size: 5739 square foot (Minimum Size in S = 5800) Current Use: Vacant Direction North East South West Surrounding Zoning: Zoning Category Intracoastal Waterway Single Family Single Family Single Family STAFF RECOMMENDATION: Based on the variance review criteria of Code Section 2-151, staff recommends disapproval. COMMENTS: The property is vacant. Therefore, no circumstances exist which are peculiar to the land, structure, or building involved, which are not applicable to other lands, structures or buildings in the same zoning district. While the lot measures 5,739 square feet, and the minimum lot size is 5800 square feet, there are 1,329 properties in Indian Rocks Beach zoned S, of which 67 measure less than 5,800 square feet. Proposed Structure: Building Footprint = 1,785 square feet First floor = 1,470 square feet Second floor = 1,470 square feet ANALYSIS APPLICABLE CODE SECTIONS AND REVIEW CRITERIA: Code Section requires a minimum front-yard set-back of 25 feet. Code Sec Variances. (a) Generally; criteria for granting variances. (1) The board of adjustments and appeals shall recommend the authorization upon appeal, after public notice has been given and a public hearing held, of such variance from the terms of subpart B as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to authorize any variance from the terms of subpart B, the board shall consider each of the following: Page 2 of 10

3 a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The property is vacant, flat and rectangular in shape. The property measures 5,739 square feet which is less than the minimum square footage of 5,800 for properties in this zoning district. b. Special conditions and circumstances do not result from the actions of the applicant. There is no indication that the applicant created any special conditions or circumstances. c. Granting the variance will not confer on the applicant any special privilege that is denied by the chapter to other lands, structures, or buildings in the same zoning district. Granting the variance will allow the applicant to encroach 3 feet into the front yard setback. d. The literal interpretation of the provisions of Chapter 110 would deprive other properties in the same zoning district under the terms of Chapter 110 and would work unnecessary and undue hardship upon the applicant. The literal interpretation of the Chapter 110 prohibits encroachment into the front yard setbacks. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. This is the minimum variance. f. The granting of the variance will be in harmony with the general intent and purpose of Chapter 110, and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will allow the applicant to proceed with requesting a building permit based on the plans provided. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within 150 feet in any direction of the subject property on April 6, Notice was posted on the subject property on April 6, 2009 per Section of the Code of Ordinances. PUBLIC CORRESPONDENCE: None received. Building Official Mortellite reviewed the variance request. Robin Harris, 60 Gulf Boulevard, stated the need for the variance to accommodate the incorporation of an elevator in the design plans. She further stated there is no real conformity along the street as setbacks range from 10 feet to 30 feet. She stated their plans have been modified from a 5,200 Page 3 of 10

4 square foot design to 2,800 square feet in order to fit on the undersized lot. Board Member Clark inquired how long the Harris have owned the lot; to which Mrs. Harris stated they have owned the lot since Chairman Cohen inquired if the architect who drew the plans was aware of the City setbacks; to which Mrs. Harris explained the design elements, which accommodated the inclusion of an elevator and claimed that if the setback requirement is not waived, the elevator will be impacted. PUBLIC CORRESPONDENCE: None was received. Board Member Clark stated he did not see where a hardship existed according to the Code of Ordinances. Board Member Smith urged a common sense approach by noting where the surrounding houses are situated and suggested that the Harrises be permitted to conform to what is already in the area. In response to Chairman Cohen s inquiry, Building Official Mortellite clarified where the variance would place the house. Board Member Labadie inquired if the house could be situated a foot back to which Mr. Harris stated it would impact the pool setback. Building Official Mortellite stated the pool setback requirements are 12 feet from the center line of the seawall, which is determined because of the tiebacks. However, modification of the tie-backs are allowed by engineering or the pool company who digs the pool to shorten the tie-backs, which would then allow a minimum distance from the center line of the seawall to the pool water surface of 5 feet, as derived by the pool surface plus the 3 feet of the required patio walkway around the pool plus 2 feet of pervious soil between the walkway and the pool wall. Charles Harris stated a seawall has already been installed with new deadmen, and he was advised by Eric Meyer, at the time the seawall was installed, to have a pool company draw the design so as not to interfere with the deadmen of the seawall. Tampa Pools drew the pool and Nichols Construction installed the new seawall with the new deadmen all to insure the pool would fit in accordance with the design of the new house. Page 4 of 10

5 Board Member Smith inquired if the pool was moved back toward the seawall, would that interfere with the deadmen; to which Mr. Harris responded it would probably affect the deadmen and subsequently would have to have someone come back and re-do it, which would incur additional expense. Robin Harris stated the builder would have considered every alternative in trying to situate the house on the lot, and moving the pool would have been the easiest solution if that was viable. Motion made by Board Member Smith, seconded by Vice Chair Labadie, to favorably recommend to the City Commission Resolution No /BOA Case No a variance request of 3 feet from the th required 25 foot street-front setback at Avenue, legally rd described as Indian Beach Re-revised, 3 Addition, Block 1, Lot 31. ROLL CALL: Clark Labadie Smith Cohen No Motion carried by a vote of 3 to 1. City Manager Coward stated this variance request would come before the City Commission on May 12, RESOLUTION NO /BOA CASE NO Considering a variance request to increase the allowable square footage of a sign by 1.36 square feet per sign face above the allowable 24 square feet per sign face at 1507A Gulf Boulevard, Indian Rocks Beach, Florida, legally described as Indian Beach Revised, Block 26, South ½ of Lot 7. BACKGROUND: Matt Facarazzo requests an after-the-fact variance from Code Section , Basic Signage, freestanding signs and hanging signs allowances. Owner: Representative: Location: IRB Animal Hospital Matt Facarazzo 1507 A Gulf Boulevard Page 5 of 10

6 Zoning: Property Size: Current Use: B (Business) 7,591 square foot Animal Hospital Surrounding Zoning: Direction North East South West Zoning Category B Business RM-2 Medium Density Residential B Business CT Commercial Tourist STAFF COMMENTS:: Matt Facarazzo, owner of IRB Animal Hospital, requests an after-the-fact variance from Code Section (c)(1)for an additional 1.36 square feet, per sign face, of sign area for his existing 24 square-foot sign advertising a veterinary business located at 1507-A Gulf Boulevard, on a parcel of property zoned B for business. The 1.36 square feet of extra signage consists entirely of a sticker adhered to the base of the sign, outside the 24 square-foot, designated, white, sign area. The sticker advertises Hill s Science Diet Pet Food, as can be seen in the photograph contained in the Agenda Memorandum. According to Mr. Facarazzo s application, having the sticker on sign will allow for discounts on Hill s Science Diet Pet Food. Mr. Facarazzo s application indicates that Hill s Science Diet Pet Food paid for the sign. STAFF RECOMMENDATION: Staff recommends disapproval per the review criteria of Code Section There is no indication of a hardship caused by land-based factors, such as peculiarities of land structure or building. Mr. Facarazzo s hardships are financial. Generally financially hardships are outside the purview of variances. If the Science Diet sticker could be re-sized, it might fit into the allowable 24 square feet of sign area. ANALYSIS - CODE SECTIONS AND REVIEW CRITERIA: Sec Variances. (a) Generally; criteria for granting variances. Page 6 of 10

7 (1) The board of adjustments and appeals shall recommend the authorization upon appeal, after public notice has been given and a public hearing held, of such variance from the terms of subpart B as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to authorize any variance from the terms of subpart B, the board shall consider each of the following: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The property is similar to other developed properties on the east side of Gulf Boulevard. There are no special conditions or circumstances in existence peculiar to the land, structure or building. b. Special conditions and circumstances do not result from the actions of the applicant. The applicant did not create any special conditions or circumstances. c. Granting the variance will not confer on the applicant any special privilege that is denied by subpart B to other lands, structures, or buildings in the same zoning district. Granting the variance will allow the applicant to have more sign area than other business owners on Gulf Boulevard. d. The literal interpretation of the provisions of subpart B would deprive other properties in the same zoning district under the terms of subpart B and would work unnecessary and undue hardship upon the applicant. The literal interpretation of the provisions of Subpart B would not deprive other properties in the same zoning district under the terms of Subpart B and would not work unnecessary and undue hardship upon the applicant. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. No variance should be granted. f. The granting of the variance will be in harmony with the general intent and purpose of Subpart B, and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The granting of the variance will not be in harmony with the general intent and purpose of Subpart B. One business owner will have more sign square footage than others. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within 150 feet in any direction of the subject property on April 6, Notice was posted on the subject property on April 6, 2009 per Page 7 of 10

8 Section of the Code of Ordinances. PUBLIC CORRESPONDENCE: None received. Building Official Mortellite reviewed the variance request. Board Member Clark inquired if the add-on to the sign could be removed from the sign; to which Building Official Mortellite responded the add-on could be removed, with the applicant confirming the Building Official s response. City Manager Coward clarified the issue under discussion is not one of advertising, but the size of the add-on, which if it could be included within the white area would be within the size of the sign; as the wording is outside the white face of the sign. Matt Facarrazzo, 1507A Gulf Boulevard and 410 Harbor Drive South, veteranarian/owner, clarified the hardship that would be incurred to Indian Rocks Beach clients. He stated he did not want interchangeable letters for reasons of the height of the sign, interchangeable letters can be easily changed by anyone and the LED sign cannot be manipulated. Mr. Facarrazzo continued that Science Diet provided $5,000 to subsidize the sign if Science Diet is advertised on the sign and exclusively carry Science Diet products. Should the sticker be removed, the funds would need to be returned. He continued that Science Diet would also provide EVP (exceptional veterinary pricing) for having the sticker, which means the food cost would be reduced and the savings passed on to the clients. He further stated that he will also be allowed to sell non-prescription foods thereby providing a convenience to residents. Mr. Facarrazzo also addressed the mix up between the spec sheets that he approved and those which were submitted to the City. He also stated that no further advertising will be used on the sign. Board Member Clark moved to deny the variance request. The motion failed for lack of a second. Motion made by Board Member Smith, seconded by Vice Chair Labadie, to favorably recommend to the City Commission Resolution No /BOA Case No a variance request to increase the allowable square footage of a sign by 1.36 square feet per sign face above the Page 8 of 10

9 allowable 24 square feet per sign face at 1507A Gulf Boulevard, Indian Rocks Beach, Florida, legally described as Indian Beach Revised, Block 26, South ½ of Lot 7. ROLL CALL: Clark Labadie Smith Cohen No Motion carried by a vote of 3 to BOARD OF ADJUSTMENTS & APPEALS ANNUAL REPORT. BOARD OF ADJUSTMENTS AND APPEALS ANNUAL REPORT MARCH 2009 (Period from April 2008 to March 2009) Administrative Appeals - 0 Special Exception - 5 Total Variances - 11 Variance Cases Heard by Type Docks - 5 Seawall - 1 Setback Issues - 6 Pool Setbacks - 0 Other Issues (PUD, Signs, Commercial) - 4 Motion made by Board Member Smith, seconded by Vice Chair Labadie, to approve the Board of Adjustment and Appeals Year-end Report. ROLL CALL: Clark Labadie Smith Cohen Motion carried unanimously. Page 9 of 10

10 5. ANY OTHER BUSINESS. None. 6. ADJOURNMENT. Motion made by Board Member Clark, seconded by Vice Chair Labadie, to adjourn the meeting at 7:38 p.m. Unanimous approval by acclamation. May 19, 2009 Date Approved Jim Labadie, Vice Chairman /de Page 10 of 10