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HomeMy WebLinkAboutMinutes Board Of Adjustment - 08/27/2003 • • e��if3 ly,. ZONING BOARD OF ADJUSTMENT MINUTES '`tx August 27, 2003 i ci$C�V pb N ` Board Members Present: Peter Mahaffey, Chairman c- (r)ti Thomas McDonald, Vice-Chairman Charles Schibi e John Martinez (Alternate) Board Member Absent: Louis Alvarado Robert Broadway Staff Present: Miguel S. Saldaria, AICP, City Planner Joseph F. Harney,Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing for the Zoning Board of Adjustment at 1:35 p.m. and explained the procedure to be followed. Sid Walsh: Appeal No. ZBA0803-01 Request: A Special Yard Exception to reduce the front yard setback from 25 feet to 20 feet on Tropic Isles, Block 1, Lot 5, located on the west side of Nassau Drive, approximately 950 feet south of Caribbean Drive. Mr. Saldana stated that the appellant, Mr. Sid Walsh, is requesting a reduction to the front yard setback from 25 feet to 20 feet in order to build a one-story home. Mr. Saidana described the location, land use, and zoning of the subject and adjacent properties by means of computerized slides. He also presented a site plan depicting the location of the home. At the rear of the property, there is a boat slip preventing the proposed new house from meeting the required setbacks. Mr. Saidana added that there are several neighboring properties that already extend into the 25-foot setback. Included is the appellant's current home, which has stairs that encroach into the setback. Mr. Walsh has the alternative of replatting the property, and because it is abutting a connecting canal, the Zoning Ordinance allows a front yard reduction of 10 feet. Staff is of the opinion that presenting the request to the Board is a better option because (1) it is less time consuming, and (2) it also protects the neighboring areas having a greater setback. Twenty-three notices were mailed to property owners within a 200-foot radius, of which one(1)was returned in favor and one (1)was returned in opposition. SCANNED , Zoning Board of Adjustment As August 27,2003 Page 2 Chairman Mahaffey inquired if the developer set the 25 foot setback since it was outside the City limits when it was first developed. Mr. Saldana explained that it is a Zoning Ordinance requirement. There is no platted building line on the subject property, therefore, there is no need to replat because there is no building line to remove. Chairman Mahaffey opened the public hearing. Mr. Sid Walsh, the appellant, stated that he needs a one-story home because of health problems. The property in question has a 24-foot boat slip cut into it making a very narrow area where he can build a home. He does not want to build his home on top of the slip; he only wants to move his house 5 feet forward. He added that there are no curbs and gutters. None of his immediate neighbors object to the request and he felt he was not intruding into anyone's land, property, or site values. He would have the newest house on the block. He asked for the Board's support. No one else appeared in favor or in opposition and the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that based on the responses received, and the proposed structure only encroaching 5 feet, Staff had no objection to the request. A motion was made by Board Member Schibi, seconded by Board Member McDonald, that the request be approved. Motion passed unanimously. Walter Wisznia: Appeal No. ZBA0803-02 Request: A Special Yard Exception to reduce the front yard setback from 20 feet to 10 feet and a Special Use Exception to reduce the required parking spaces from 350 spaces to 245 spaces. The property is on South Water Beach, Block 3, Lot 1; Jones Shoreline Business, Lots 1 through 11; and W. S. Harney, Block K, Lot 7, located at the northwest corner of Born Street and South Shoreline Boulevard. Mr. Saldana stated that the appellant, Walter Wisznia, was requesting a Special Yard Exception to reduce the required front yard setback along Born Street from 20 feet to 10 feet. Mr. Wisznia was also requesting a Special Use Exception to reduce the required off-street parking spaces from 350 spaces to 245 spaces in order to allow the development of a medical office building. Mr. Saldafia described the location, zoning, and land use of the surrounding area by means of computerized slides. He presented a site plan depicting the location of the proposed development and parking layout. Mr. Saldana explained that the developers are proposing to utilize both sides of Water Street for additional off-street parking spaces. He added that the property has two different zonings with two different setback requirements. The front portion of the property is zoned "B-2" Bayfront Business District requiring a 20-foot front yard setback. • Zoning Board of Adjustment Iles • August 27,2003 Page 3 The back portion of the property is zoned "B-5" Primary Business District which requires zero foot setback. Regarding the off-street parking, the appellant is proposing to put as many standard parking spaces, but is also providing 88 compact stalls as part as their parking plan. The reduction does not include the 88 compact stalls since the City does not have requirements for such. There will be 342 parking spaces, including the off-site parking area, but the City only recognizes 245 spaces. The landscaping proposed was also presented. There were nine (9) notices mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. Responding to several Board Member's questions, Mr. Saldana explained that the compact space parking would be grouped together, labeled as such. He added that the City requires a 9-foot x 18-foot space for standard vehicles and the appellant is requesting compact spaces to be 8 feet x 16 feet. Chairman Mahaffey opened the public hearing. Mr. Walter Wisznia, the architect for the project, stated that since last meeting with Staff, they have added a parking deck. They have increased their parking with 362 cars, of which 306 were for full size vehicles and 56 compacts. Board Member McDonald inquired, if by adding a parking deck, were they reducing the request. Mr. Wisznia responded positively explaining that all 56 compact stalls would be up on the parking deck, which the City does not recognize. They have 362 cars versus 370. Chairman Mahaffey directed a question to Mr. Saldana inquiring if the City is requiring 350 parking spaces. Mr. Saldana explained that a 72,000 square foot building requirement is 350. Mr. Wisznia added that they have increased the square footage of the building to 74,000 square feet, therefore, increasing the parking. After having added the parking deck, the doctors increased the size of the building to 74,000 square feet. Board Member Schibi inquired if by increasing the building size, would it increase the parking. Mr. Saldana responded that the parking would be increased to 370 parking spaces. Mr. Saldana added that after consulting with Legal representative, Mr. John Harney, as long as the appellant is not requesting less than 245 parking spaces, they could continue. Mr. Saldana stated Staff was not aware of the increased square footage, therefore, had not reviewed the site plan. One of the major concerns from the beginning was the landscaping requirement. Regarding the 10-foot encroachment being requested, Mr. Wisznia stated that it is just a small corner where the encroachment is needed. Zoning Board of Adjustment Nikes Ill August 27,2003 Page 4 No one appeared in opposition,therefore, the public hearing was closed. A brief discussion ensued, after which Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that Staff has no objection on the special yard exception. It will be landscaped. On the parking reduction, Staff feels more comfortable in that they are providing more standard parking spaces and less compact stalls. Staff recommends that if the Board approves the reduction in parking, that it be limited to no less than 306 standard parking spaces and no less than 56 compact stalls. Staff also recommends that if the Board approves the request,that the appellant submit a new site plan and parking plan for Staff's review. Motion by Board Member McDonald, seconded by Board Member Martinez, that the request for a Special Use Exception to reduce the required number of off-street parking spaces from 370 to 306 standard size and 56 compact spaces be approved with the condition that a revised site plan be submitted. Also, that a Special Yard Exception to reduce the front yard setback from 20 feet to 10 feet along Born Street be approved limited to the area of encroachment as shown on the site plan. Motion passed unanimously. JLG Joint Venture, Ltd.: Appeal No. ZBA0803-03 Request: A Special Yard Exception to reduce the front yard setback from 20 feet to 0 feet along Born Street and from 20 feet to 8 feet along Broadway Court. The property is on South Water Beach, Block 4, located along the west side of South Shoreline Boulevard, between Born Street and Broadway Court. Mr. Saldafia stated that the appellant, JLG Joint Venture, Ltd., is requesting a reduction on the front yard setback from 20 feet to 0 feet along Born Street for a drive-thru canopy to be used for a pharmacy. They are also requesting a front yard setback from 20 feet to 8 feet along Broadway Court in order to build an exit stairway and mechanical room for a proposed medical complex. Mr. Saldana described the location, land use, and zoning by means of computerized slides. He presented the proposed site plan. Along Shoreline is a "B-2" Bayfront Business District zoning requiring a 20-foot setback. Along Water Street is a "B-5" Primary Business District zoning with a zero setback. There will be landscaping along Broadway Court and some landscaping along Born Street. Their parking will be to the rear of the property and along Broadway Court. Seven notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. A notice in favor was received from the applicant/owner of the subject property. Chairman Mahaffey opened the public hearing. Mr. Chris O'Brien, architect for the project, stated that the irregular site has created problems to accommodate the required setbacks. Along Broadway Court the only area of encroachment is for a exit stair and part of a mechanical room. Along Borne Street is for a portion of the lot for a drive-thru local pharmacy. Since the parking is off-site, it is very difficult for customers to park and come across the street to get their drugs. The building itself will not Zoning Board of Adjustment les *111110 August 27,2003 Page 5 support the pharmacy, so they have to do outside sales. He presented 3 different site plans. They will be exceeding the City's landscape requirements. No one appeared in favor or in opposition. The public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that since the proposed encroachments are further south from Shoreline Boulevard and since there is an intense landscaping proposed, it will not be noticeable. Staff recommends the encroachments to be limited to the portion shown on the site plan. Motion by Board Member Martinez, seconded by Board Member Schibi, that the request for a Special Yard Exception to reduce the front yard setback from 20 feet to 0 feet along Born Street and from 20 feet to 8 feet along Broadway Court be approved. Motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. APPROVAL OF MINUTES A motion was made to approve the July 23, 2003 minutes as amended. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 2:30 p.m. H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\082703ZBAM INUTES.DOC Zoning Board of Adjustment Iles • August 27,2003 Page 6 The August 27, 2003 Board of Adjustment Minutes were approved as written/amended on September 24, 2003. ATTEST: Peter B. Mahaffey, Chairman • H:U'LN-D I R\E RM A\WORD\ZBA\M INUTES\082703 ZBAM IN UTE S.DOC