APP2008-00003, 1996 GULF TO BAY BLVD - May 20, 2008
APP2008-00003
1996 GULF TO BAY BLVD
ATANASIO, JOHN
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CDB Meeting Date:
Case Number:
Agenda Item:
Owner/ Appelant:
Representative:
Address:
May 20, 2008
APP 2008-00003
Z Y LLC/Alba Consulting Corp.
Joseph N. Perlman, Esq.
1996 Gulf to Bay
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF SUMMARY OF EVENTS
GENERAL INFORMATION:
OWNER/APPLICANT/
APPELLANT:
Z Y LLC; Alba Consulting Corp.
REPRESENTATIVE:
Joseph N. Perlman, Esq.
LOCATION:
1996 Gulf to Bay Blvd., parcel ID# 13-29-15-0000-240-0800
REQUEST:
Appeal of an Administrative futerpretation of the Code and an
Appeal of a Decision of an Administrative Official stating that it is
necessary for a reapplication for approval through the City of
Clearwater's Flexible Standard Development process, under the
provisions of Section 4-501 of the Community Development Code
(Code).
BASIS OF STAFF'S DECISION:
This .496-acre (21,600 sq. ft.) site is located on the northwest comer of Gulf to Bay Blvd. and
Hercules Avenue. The site contains an existing 630 square foot building, automated car wash,
gas pumps and canopy completed in 1988.
This' case is an appeal oforders;reqnirements; cdecisionsor detenninatioms"madeC by an
administrative official in the administration of the development code and administrative
interpretations of the development code. The site is zoned Commercial (C) District with an
underlying land use designation of Commercial General (CG) Classification. The Commercial
District permits the following minimum standard uses: governmental uses, indoor
recreation/entertainment, marinas, offices, overnight accommodations, parks and recreation
facilities, places of worship, restaurants, retail sales/services, and vehicle sales/display.
Additional uses are permitted via the Flexible Standard Development and Flexible Development
application processes.
Planning staff determined that an "automobile service station" land use was established on this
site in 1988 and successively occupied by Gulf Oil, Mobil Oil and BP. Metro Petro LLC applied
Page 1
for an occupational license for a gas station/convenience store/carwash January 31, 2005 but
failed to complete the application process and the application was voided.
On February 28,2008 in response to a request for zoning approval for an occupational license to
operate a gas station/convenience store/carwash on the site, John Atanasio of Alba Consulting
Corp. was advised by letter (Exhibit A) that because the prior use of the property had been
discontinued or abandoned for a period longer than six consecutive months, the use shall not be
re-established or resumed without conformance to the requirements of the Code (Article 6.
Nonconformity Provisions). The use as proposed by Mr. Atanasio requires a Flexible
Development Application for Comprehensive Infill Redevelopment Project Use, due to the site
not meeting certain development and landscape criteria.
OCCUPATIONAL LICENSE HISTORY:
The City of Clearwater's Occupational License database shows an occupational license history
for the site dating back to August 27, 1997. Site inspections by City staff confirmed that the use
ofthe property as an automobile service station ended prior to March 2,2006.
APPEAL PROCESS:
John Atanasio filed this appeal on March 1, 2008 (Exhibit B). Section 4-501 A.I. of the
Community Development Code states that the Community Development Board has the authority
to hear appeals from Administrative interpretations of the development code. Section 4-502.B.
provides that an application/notice of appeal of any decision of the City, as provided in Section
4-501, may be initiated by the applicant or any person granted party status within 14 days of the
decision. Section 4-504 states that upon receipt of the recommendation of the Community
Development Coordinator (regarding appeals from decisions set out in Section 4-50I.A.), the
Community Development Board shall review the application, the recommendation of the
Community Development Coordinator, conduct a quasi-judicial public hearing on the application
in accord with Section 4-206 (notice and public hearings) and render a decision.
Pursuant to Section 4-504.B. of the Community Development Code, in order to grant an appeal,
overturning or modifying the decision appealed from, the Community Development Board shall
find that based on substantial competent evidence presented by the applicant or other party:
1) The decision appealed from misconstrued or incorrectly interpreted the provisions
of the Community Development Code;
2) That the decision will be in harmony with the general intent and purpose of the
Community Development Code; and
3) Will not be detrimental to the public health, safety and general welfare.
Prepared by Planning Department staff: "r~ C ~~
Neil C. Thompson, Develop~ Manager
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map/Zoning Atlas Map
Exhibits
S:\Planning DepartmentlC D BlAppealslGulfto Bay 1996 Atanasio Appeal. doc
Page 2
; Clearwater
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Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4576
CASE .
DATE RECEIVED:
RECEIVED BY (staff initials):
I:] SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
.. 0 SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
o APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - RESIDENTIAL $100.00
o APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - NON-RESIDENTIAL $250.00
o APPEAL TO HEARING OFFICER $500.00
APPEAL. APPLICATION
Level One and Level Two Reviews (Revised 02/27/04)
-PLEASE TYPE OR PRINT-
APPLlCA TION/NOTICE OF APPEAL (Code Section 4-502.A & B)
Section 4-502.A: An appeal of a Level One approval (Flexible Standard Development) may be initiated by a property owner abutting the property
which is the subject of the approval within seven days of the date the Development Order is issued. The filing of an application/notice of appeal
shall stay the effect of the. decision pending the final determination of the case. The hearing before the Community Development Board shall be
scheduled at the first available meeting of the Board (sufficient to provide notice under Section 4-206) and may be continued at that meeting of lhe
Board so that the Board may receive more information, clarification, or research. The Community Development Board shall render a decision at
the meeting but not later than 70 days from the receipt of the notice of appeal, unless the parties by mutual consent extend the time frame for the
Board's decision until a subsequent meeting.
Section. 4-502.B: An application/notice of appeal of appeal of any decision of the City, as provided in Section 4-501, may be initiated by the
applicant or any person granted party status within 14 days of the decision. Such application shall be filed with the City Clerk in a form specified
by the Community Development Coordinator identifying with specificity the basis for the appeal and accompanied by a fee as required by Section
-2 2 Ii r" I . " . i
A. APPELLANT AND AGENT INFORMATION:
-lOyjJ ;4"TAN 4S/u
MAILING ADDRESS: /L/.:;;..c> COotZ..T S-,-. ," Ctg;4(zwt:STt:~ h. 3.~7S-b
PHONE NUMBER: 7")- 7 -- 4- Lf <. ~-D II r?: FAX NUMBER: '7d.- 7.- '-/t/- 7- d- 3 b q
-SA- M ~ J4s... 415. 0 II t - .
APPELLANT NAME:
AGENT NAME:
MAlbINGADORE88; .
PHONE NUMBER:
FAX NUMBER:
B. APPEAL INFORMATION
CHECK THE SPECIFIC APPEAL:
Aooeals to the Community Develooment Board
CJ Orders, requirements, decisions or deterl11inations made by
an administrative official in the administration of the
Community Development Code, except for enforcement
actions
CJ Administrative interpretations of the Community Development
Code
CJ Level One (Flexible Standard Development and Minimum
Standard) approval decisions
CJ Denials of any permit or license issued under the provisions
of the Community Development Code
CJ Any denials deemed to have occurred as result of the failure
of the Community Development Coordinator to act within the
time limits provided in this Community Development Code
Page 1 of 2 - Appeal Application (Level One and Level Two Reviews) - City of Clearwater
"
Aooeals to a hearina officer
o Decisions of the Community Development Board regarding Level Two approvals
~ Decisions of the Community Devel9Pm~n~oard regar<:lin~ Level One approvals '_ '_ . ._ ,_, '
JV. OTHER (as allowed by Code) /+P,-'c;i+L ()J- 4 ZoAl IN(Yl .~1\11 t;; f< Prz.c- TJ4-1701.J ~
, ' I (1:4rl.ie l- ~
ADDRESS OF SUBJECT APPEAL (if applicable): I q q to (-7t tJ L- F: i 0 R t+y KL V i~ . 1,3 - .a C)-/j"--[J{Ji.:O', 2i.ft;>-
/ 08'oC
SPECIFIC CASE NUMBER TO BE APPEALED (if applicable):
DATE OF DECISION:
C. BASIS OF APPEAL:
Explain in detail the basis for the appeal. Use additional sheets if necessary.
SEE 4TT4--Gt-tt?T':J ~I-i{j~--r-
D. SIGNATURE:
t;the''tIndersigned;aekncWfedge'ttrat1fflrepmenfl:ttmM MMe" in' ffiis '
application are true and accurate to the best of my knowledge.
,.,wsnT~'~'F[ORTi:S:A.;ci5UNfYOFPINEl.LAS"~"~"'~"73' ,,' ','
SwSl{lL. to Land subscribed before me this ;:;?9 day of
p--e .v. . A.D. 20..Qj?> to me andlor by
produced C'/." ~"1 /' who is personally known h::
identificationf / <. e,.. .
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No.tiry public,
JAy commission expires:
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S:\Planning DepartmentlApplication Forms\development reviewlAppeal Application 2002.doc
Page 2 of 2 - Appeal Application (Level One and Level Two Reviews) - City of Clearwater
1996 Gulf to Bay Blvd. / Parcel 13/29/15/00000/240/0800
We are appealing the denial of an occupancy license for the
above mentioned location based on a number of factors.
1) The precedent set in 2003 whereby a service station on
Missouri Ave was closed in excess of 6 months and was
given an occupational license after the current codes had
been put in place.
2) Although the size of this property could not handle the
required amount of landscaping, the landscaping would
be done so as to help satisfy some of the cities
requirements.
3) There will be further economic hardship for the owner
should this location not be allowed to open. The owner
has invested in the property to bring it back to a working
station.
4J This property has been inhabited by vagrants for quite
some time and unless the location is allowed to be
opened they will continue to "live" in the and around the
station. We have tried to control this situation but
without someone at the site, this is not something we can
con trol.
5) We feel that along with the vagrants there will be persons
who.will.tryto...setup shop'using'the"property"a:s there.......
sales floor to hawk their wares. We personally have not
given permission to anyone for such dealings.
~ Clearwater
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Planning Department
100 S. Myrtle Ave.
Clearwater, FL 33756
February 28,2008
Mr. John Atanasio, President
1420 Court St.
Clearwater, FL 33756
Re: 1996 Gulfto Bay Blvd.! Parcel # 13-29-15-00000-240-0800
Dear Mr. Atanasio:
The subject property is zoned Commercial (C) District, and has an underlying land use
designation of Commercial General (CG) category. Automobile service stations are a
Level One permitted use in the Commercial District.
As of January 21, 1999, the City adopted the Community Development Code. This
change may have created non-conformities, if so they are legal non-conformities and may
continue. In the event that the use of a non-conforming structure. is abandoned for a
period of six consecutive months, the future use of the structure shall be required to be
brought into compliance with all the requirements of the Community Development Code.
Past use at this location was an automobile service station, but by our records, the
automobile service station closed on October 25,2006. As the automobile service station
use of the property has been closed for more than six months, it is necessary to re-apply
for approval through the City of Clearwater's Flexible Development process. The
.0 prQJ1Q$~g.Jj~S(. will Ie'lui1:e.an. application for. Comprehensive...hW1llWdewlopment"Projeet
Use, due to the site not meeting certain development standards and landscaping criteria
set forth in Section 2-703 and Section 3-1201.
If you should have further questions please contact me a 727-562-4557 or
neil.thompson@myclearwate.com
Sinc~reIY,. . d____ A.~
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Neil Thompson
Development Review Manager
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SECTION 18, TOWNSI!I}l,31,SOUTH, RANGE " 17 '.E"!S'f
'PINELLAS COUNTY, FLORIDA
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CLF
CONC
CS/W
E/P
FCN
, FF
FH
FIP
FIR
FIR/C
OHC
SIR/e
WI"
LEGENO
CHAIN LINK FENCE
CONCRETE
CONCRETE SIDEWALK
EDGE OF PAVEMENT
FOUND CONCRETE MONUMENT
LOWEST FLOOR ELEVATION
FIRE HYDRANT '
FOUND IRON PIPE
FOUND'IRON ROD
FOUND IRON ROD WITH CAP
OVERHEAD CABLES
SET IRON ROD WITH CAPf3616
WOODEN. FENCE
SYMBOL LEGEND
( CENTERLINE
It CONCRETE UTILITY POLE
(-- GUY AND ANCHOR
-~ LIGHT POLE
t:::. SIGN
~ UTILITY POLE
LEGAL DESCRIPTION:
THAT PART OF THE SOUTt-JAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13:.: TOWNSHIP 29 SOUTH,
RANGE 15 EAST, LOCATED IACCORQING TO TME PLAT OF PROPERTY OF A & W:'GLADS, INC~,
RECORDED IN PLAT BOOK~5, AT PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, AND DESCRIBED l\S FOLLOWS:
BEGINNING IN THE NORTH ~.... OUNDARY OF GULF..., TO,... BAY BOULEVARD, AT A POINT WHICH!S
50.02 FEE...T WE.. ST ALO. NG. . ,A."10 BOUNDA. RV. F.RO.M. ITS IN.TER. SECTION WITH THE EAST BOUNDARY OF SAID
SOUTHEAST 1/4 OF NORT WEST 1/4. AND .RUNNING THENCE NORTH 0.39'47" WEST, PARALLEL TO
SAID EAST BOUNDARy 2801 FEET; THENCE WEST PARALLEL TO GULF';"'TO-BAYBOULEVARD 144.66 FEET;
THENCE SOUTH PARALLELrO THE FIRST COURSE- 280 FEET TO GULF - TO-BA Y BOULEVARD; AND THENCE
EAST ALONG THE NORTH~UNDARY OF SAID BOULEVARD 144.66 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT
.,.;,/;J:'.IjAf.",.,T.l!""eAaJ.~~gj.E..;J:'hl........",."E ";;:;,..::>",:5. ...,Q.,u um:'..',' ..........'...'.. ;'A.,..:~.~....I~.,.1...i......4 '. ..".:..~.,~I.f. ~TH.'i2l!."~"~."~.'~ ',2.,~1.~.~....;. WE..,.,.,."...S.". r.1./. 4. '......... O. ....F,.... ..?.E...C....T......I..9.N...............1...3.. '........... TO. WN... .... S. ..H.. IP.. .29 SOUTH.... ...'.
RANGE '151:.A'5r'::t)'~~,., ,.' .CqI'{O~".,"v";-'nc:"',...L;;M"'F,~'eF*!PROPERm~.~"'A'~'W'r-'61:'A'O~...,Ne;, .'.",,>
RECORDED IN PLAT BOOKS. AT PAGES S3 AND 54 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLOROA, AND MORE PARTI ULARL Y DESCRIBED AS FOLLOWS:
. .!' ", .. . '.
BEGINNING AT THE NORTH LY BOUNDARY OF GULF;... TO-BAY BOULEVARD A T A POINT WHICH IS
50.02 WESTALON.G SAID . UNDARY FROM ITSINTERSEcnON WITH THE EASTERLY' BOUNDARY OF SAID
SOUTHEAST 1/4 OF THEN RTHWEST 1/4 AND RUNNING THENCE NORTH 0~39'47"WEST, PARALLEL
TO SAID EASTERlYBOUNDRY 150F'EET TO A POINT FOR A POINT OF BEGINNING; THENCE CONTINUING
NORTH 0"39'47" WESTON' AID PARALLEL LINE, A DISTANCE OF 130 FEET TO A POINT; THENCE
NORTH 89"22'53" WEST A '.ISTANCE OF 144.66 FEET TO A POINT; THENCE SOUTH 0.39'47" EAST,
A DISTANCEOFJ30 FEETOA PO'INT; THENCE SOUTH 89-22'53" EAST, A DISTANCE OF 144.66 FEET
TO THE POINT OF BEGINNI~G.
l
,
ALSO LESS AND EXCEPT I
! ,
THAT PART CONVEYED TO~THE STATE OF F.LORIDA BY DEED DATED DECEMBER 20, 1950,
RECORDED ON DECEMBER 2. 1960 IN O.R. BOOK 1063, PAGE 439. PUBLIC RECORDS OF
PINELLAS COUNTY. FLORfD . .
. I
!
NOTES:
1. BEARINGS SHOWN HEREON ARE; BASED ON THE EAST BOUNDARY LINE OF THE SE 1/4
OF THE NW 1/4 OF SECTION 13~29-15, BEING S.00'39'47"E (ASSUMED)
1. FIELD WORK COMPLETED 04/02/03.
2. SITE lOCATED IN FEMA FLOOD ZONE C. PER COMMUNITY-PANEL NUMBER 125148
0015 B. MAP REVISED SEPTEMBER 30,- 1983. .
3. THIS SURVEY MADE WITH THE BENEFIT OF STEWART TITLE GUARANTY COMPANY COMMITMEN
FOR TITLE INSURANCE. FILE /I 00032009, EFFECllVE DATE: APRIL 15, 2003 @ 8: 00 AM,
[?:ey tJ'- '''0.4t c, #J.,v/"<:. P".Pf-tf!, #,p 'a ,'L ~
.. :1AN1S, IHe.
'ftl~1V'
I HEREBY CERTIFY THAT THIS SURVEY WAS PERFORMED UNDER MY OIRECllON AND" TIiA'
MEETS THE APpLlCABI-E PORTIONS OF THOSE TECHNICAL STANDARDS FOR SURVEYS A~
FORTH BY THE FlORIDA BOARD OF SURVEYORS 'AND MAPPERS, PURSUANT TO Cf
61G17~6, OF THE FLORIDA ADMINISTRAllVE CODL, ~ ,--;