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FLD2008-02002 - 1590 Gulf Blvd - Emails & Letters in Support/Opposition, after 08/13/08, Cabana Club I sfana CEstates Civic jIssociation "Promoting unity witliin our community" ..0 ,/,"R Mr. Nicholas C. Fritsch, Chairman Community Development Board 112 S. Osceola Avenue Clearwater, FL 33756 September 8, 2008 Re: Legg Mason's Application FLD2008-02002 (1590 Gulf Blvd.) Dear Mr. Fritsch: The Board of Directors of the Island Estates Civic Association (IECA), along with the Clearwater Beach Association, supports the Sand Key Civic Association's opposition to the requested variances to the Community Development Code for the Cabana Club property. The Community Development Code in section 1-103, General Purposes says is part: ,.... to enhance the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners." As pointed out in the SKCA letter the granting of these variances certainly does not preserve the neighborhood and enhance the quality of life of all residents and property owners in the vicinity. The requested variances approved by the City Planning Staff exceed the Code limits even at Flexibility Standard Level Two for the Height and front set-back. The requested variance for the side variance goes to the very limit of Flexibility Standard Level Two at Zero feet. The construction of permanent structures to support cabanas into the Coastal Construction Zone violates the concept of even having a Coastal Construction Zone established by the City to protect the beach area. The granting of the requested variances will not preserve the neighborhood or enhance the quality of life for all residents and property owners (the current resident's and property owners). The Community Development Code describes three sets of development standards for Zoning Areas. The first is Minimum Standard Development, Level One. The second is Flexible Standard Development, Level One. The Third is Flexible Standard Development Level Two. Each of the Flexible Standards reduces at least some of the requirements from the preceding standard. Our citizens understand and accept the requirements under the Minimunl Standard Development as no one wants to limit reasonable development or improvement of existing structures. However, most do not understand that there are the other two development standards which can significantly increase the footprint of a proposed development, and which the City grants with such frequency that developers have no reason not to ask tor the maximum and beyond. There are criteria listed in the Code that are expected to be met before a Flexibility Standard is approved. For Overnight Accommodations it appears at least three of the criteria for the granting of Flexible Standards are violated. One is: "the use ofthe parcel proposed for development will not involve direct access to a major arterial street." The only access to this parcel is from Gulf Boulevard. A second criteria: "the increased height will not reduce the vertical component of the view from any adjacent residential property." The higher the building the more ORIGINAL RECEIVED o '/'"....... 140 Isfantf Way, #239, Cfearwater, PL 33767 www.iecivicassociation.com J ~-) ''l PlANNING DEPARTMENT CITY OF CLEARWATER Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 09,200810:04 AM To: Wells, Wayne Subject: FW: Legg Mason -----Original Message----- From: Nan & Dick Ruben [mailto:dnruben@verizon.net] Sent: Tuesday, September 09, 2008 9:48 AM To: Watkins, Sherry Cc: Frank Vandyke; Hibbard, Frank; joellen farnham; george cretekos Subject: Legg Mason I was very disturbed by the recent approval by Wayne Wells for all the deviations in the proposed hotel that Legg Mason is planning at the Cabana Club site. The city makes rules and then at the first opportunity "multiple deviations" come in to play when it suits them and goes against the people of the community. Where is the protection to the local property owner? Is our investment, our homes, and our neighbor for sale at the whim of the promise of dollars for the city? We residents of Clearwater pay the salaries of people like Wayne Wells....so why aren't they working to support us instead of Legg Mason? Nancy J. Ruben 1430 Gulf Blvd. #501 Clearwater, FL 33767 727 -595-2736 dnruben@verizon.net 9/9/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Monday, September 08, 2008 2:06 PM Wells, Wayne FW: Legg Mason/Cabana Club -----Original Message----- From: Shonnie & Bill Kiser [mailto:SBKiser@webtv.net] Sent: Monday, September 08, 2008 1:49 PM To: Watkins, Sherry Subject: Legg Mason/Cabana Club Dear Ms. Watkins; This is to let you know that my wife and I are in favor of Legg Mason's plans to redevelop the Cabana Club Property. We are long time residents of Sand Key (our condominium is next to the Cabana Club condos}and feel that the plans we've seen will enhance the values and lifestyle of our community. I request that you deliver this E-mail to the appropriate members of the Community Development Board, the City Manager and other officials who will act on this matter. Thank You, William Kiser, 1520 Glf Blvd. 1 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, September 08,20087:59 AM To: Wells, Wayne Subject: FW: Opposition to Cabana c1ub/Legg Mason -----Original Message----- From: Om1480@aoJ.com [mailto:Om1480@aoJ.com] Sent: Saturday, September 06,2008 12:28 PM To: Watkins, Sherry Subject: Re: Opposition to Cabana c1ubjLegg Mason I am strongly opposed to the redevelopment of the Cabana property. olga milne 1480 gulf blvd. clearwater 33767 PssssLHave you heard the news? IlleLe:$_anewjashior:L!:lJQg,_pIY$Jh_e_1g1e_~fQHJn:mds and halL$Me~_at StyleList.com. 9/8/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Friday, September 05, 2008 7:45 AM Wells, Wayne FW: Cabana Club/Legg Mason Proposal Importance: High -----Original Message----- From: leelin [mailto:leelin@charter.net] Sent: Thursday, September 04, 2008 6:09 PM To: Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: Cabana Club/Legg Mason Proposal Importance: High Dear Ms Watkins, We are writing to encourage you to deny Legg Mason's several requests for variances in order to build their hotel and restaurant. How will our community provide fire and police protection with this increase in density and pedestrian traffic? Who will pay for it? The zoning restrictions currently in place provide safeguards for all of us. And, once Legg Mason's variances are approved, a precedent will be in place for all the other big businesses that would like to exploit a piece of our beautiful key. The variances requested are unbelievable. How would Wayne Wells react if a mere taxpayer requested such variances? Please respect the key, its residents and zoning ordinances that were thoughtfully put in place by our community forefathers. Please don't be influenced by Legg Mason's big bucks and promises of increased tax revenues. Respectfully, Linda and Leland Walter 1480 Gulf Blvd #204 Clearwater, FL 33767 1 - e Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, September 03,20082:09 PM To: Wells, Wayne Subject: FW: leggs mason Importance: High -----Original Message----- From: JBIRD400@aol.com [mailto:JBIRD400@aol.com] Sent: Wednesday, September 03,20081:28 PM To: Watkins, Sherry Subject: leggs mason Dear Sherry Watkins, We are FOR the Leggs Mason proposal for a hotel (Cabana Club) on Sand Key. Please ensure that this is distributed to CDS, the Mayor & Council memebers. thank you. Jay & Gail Jorgensen 190 Sand Key Estates Drive Clearwater, FI 33767 jay jorgensen 190 sand key estates drive clearwater, florida 33767 cell 727-460-5003 residence 727-593-1672 It's only a deal if it's where you want to go. Find your travel deal here. 9/3/2008 Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 02, 2008 3:29 PM To: Wells, Wayne Subject: FW: Please distribute to CDS -----Original Message----- From: PhyllisZeno@aol.com [mailto:PhyllisZeno@aol.com] Sent: Tuesday, September 02,2008 11:19 AM To: Watkins, Sherry Subject: Please distribute to COB To the CDB After putting five children through college (three of mine, two of his) my huband and I decided we needed to take life a little easier and we moved to Tampa in 1974. Sad to say, my husband died shortly after, and I returned to work again and became Creative Director for AAA Auto Club South. As founding editor of AAA Gong Places, I was happily employed for 29 years, but four years ago at the age of 78, I was ready to retire and take life a little easier. I bought a condo at the Cabana Club and thought I would spend the rest of my years in quiet and serene surroundings. Little did I know what was about to befall me. Legg Mason announced that they would refurbish the Belleview Biltmore in Belleair and at the same time, build a new 38-room hotel on Sand Key in the parking lot outside my bedroom windows. At same time, the Cabana Club announced that all of our balconies were going to have to be replaced to the tune of $750,000, and we would be assessed triple our maintenance fee for over a year. When a few us timid souls suggested that we were ready to join other neighboring condos to seek protection from this intrusion on our quiet neighborhood, our board president sent a survey to our 85 condo owners, reminding them of our upcoming balcony assessments and pointing out that to seek legal assistance would cost us upwards of$125,000. Ifthey chose to fight the adjoining hotel, our president would be forced to resign, he said, because our building improvements would require all his time, and he was a Canadian citizen. Our residents wee terrified at the looming expenses, and many of them voted in favor of the hotel. Armed with this ammunition, Legg Mason revised their initial humble plan for a small, boutique hotel and began seeking additional variances that would allow them to build higher and wider, encroaching on our privacy, yet reducing the number of parking places that accommodated the existing restaurant, guaranteeing that our driveway would be flooded with cars, noise and inconvenience. At the same time, LM submitted a proposal stating that Cabana Club residents had responded favorably to a survey and were eagerly awaiting this edifice that would increase our condo value and lower our taxes. With their new proposal, condo owners suddenly realized the horror that was about to befall them, but it was too late. Or is it? On Tuesday, September 16, it will all be in the hands ofthe City Planning Board. They, and they 9/212008 Page 2 of2 alone, can grant the demands of these greedy developers and leave an 82-year-old widow like myself helpless to defend her right to spend her declining years in peace and quiet. Won't you please defend our right to life, liberty and the pursuit of happiness when many of us have worked a lifetime to achieve this goal? Wistfully, Phyllis W. Zeno It's only a deal if it's where you want to go. Find your travel deal h~r~. 9/2/2008 To the CDB After putting five children through college (three of mine, two of his) my hub and and I decided we needed to take life a little easier and we moved to Tampa in 1974. Sad to say, my husband died shortly after, and I returned to work again and became Creative Director for AAA Auto Club South. As founding editor of AAA Gong Places, I was happily employed for 29 years, but four years ago at the age of 78, I was ready to retire and take life a little easier. I bought a condo at the Cabana Club and thought I would spend the rest of my years in quiet and serene surroundings. Little did I know what was about to befall me. Legg Mason announced that they would refurbish the Belleview Biltmore in Belleair and at the same time, build a new 38-room hotel on Sand Key in the parking lot outside my bedroom windows. At same time, the Cabana Club announced that all of our balconies were going to have to be replaced to the tune of $750,000, and we would be assessed triple our maintenance fee for over a year. When a few us timid souls suggested that we were ready to join other neighboring condos to seek protection from this intrusion on our quiet neighborhood, our board president sent a survey to our 85 condo owners, reminding them of our upcoming balcony assessments and pointing out that to seek legal assistance would cost us upwards of $125,000. Ifthey chose to fight the adjoining hotel, our president would be forced to resign, he said, because our building improvements would require all his time, and he was a Canadian citizen. Our residents wee terrified at the looming expenses, and many of them voted in favor of the hotel. Armed with this ammunition, Legg Mason revised their initial humble plan for a small, boutique hotel and began seeking additional variances that would allow them to build higher and wider, encroaching on our privacy, yet reducing the number of parking places that accommodated the existing restaurant, guaranteeing that our driveway would be flooded with cars, noise and inconvenience. At the same time, LM submitted a proposal stating that Cabana Club residents had responded favorably to a survey and were eagerly awaiting this edifice that would increase our condo value and lower our taxes. With their new proposal, condo owners suddenly realized the horror that was about to befall them, but it was too late. Or is it? On Tuesday, September 16, it will all be in the hands of the City Planning Board. They, and they alone, can grant the demands ofthese greedy developers and leave an 82-year- old widow like myself helpless to defend her right to spend her declining years in peace and quiet. Won't you please defend our right to life, liberty and the pursuit of happiness when many of us have worked a lifetime to achieve this goal? Wistfully, Phyllis W. Zeno Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 02, 2008 1 :28 PM To: Wells, Wayne Subject: FW: Opposition to the Legg Mason's application -----Original Message----- From: Boshart, Jon [mailto:JBOSHART@spc.edu] Sent: Tuesday, September 02,2008 12:38 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: Opposition to the Legg Mason's application Dear Sirs, As a resident of The Grande on Sand Key (1170 Gulf Blvd, #206) I and my family are very opposed to the Legg Mason's application. Please do not allow this to happen to Sand Key. Thank you, Jon Boshart Prof. Jon D. Boshart, Ph.D. Chair, Department of Fine Arts Saint Peter's College 2641 Kennedy Blvd. Jersey City, NJ 07306 9/2/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 02,200811 :46 AM To: Wells, Wayne Subject: FW: Legg Mason/Cabana Club Redevelopment -----Original Message----- From: Norm Englert [mailto:nenglert@earthlink.net] Sent: Tuesday, September 02,2008 11:36 AM To: Watkins, Sherry Subject: Legg Mason/Cabana Club Redevelopment Not all Sand Key residents are opposed to a new 38 room boutique hotel and upscale restaurant on the Cabana Club property. If done within reasonable bounds, this fulltime 23-year Sand Key resident is in favor of the change and improvement. I believe it is a very vocal minority in opposition, lead by a few who have personal issues, such as loss of view. Please make the decision knowing not all of the immediate area residents are opposed. And at least this one is fully in support. Thank you, Norm Englert 140 Marina del Rey Clearwater, FL 33767 727.510.7951 91212008 Page 1 of 1 Wells, Wayne From: Larry Edger [Iarry@dogtech.com] Sent: Sunday, August 31,20088:59 AM To: Wells, Wayne Subject: Cabana Club Hotel Wayne; Just a note to say many of us support the plans for the proposed hotel on Sand Key. The only exception is the limited parking. They cannot build a hotel and a 165 seat restaurant with only 50 parking spots. Employees alone will need most of those. They must cut back somewhere. Larry Edger ~<:lc::k\'YC'lJ~I~_gJl_~C:ll]gJ5.~Y MC'lggi~Mi3~~~ 8/3112008 Page 1 of 1 Wells, Wayne From: Jimmy Uimmy@cscproperties.com] Sent: Tuesday, August 26,200812:52 PM To: Wells, Wayne Subject: FW: ~abana Club, Sand Key -----Original Message----- From: Jimmy [mailto:jimmy@cscproperties.com] Sent: Tuesday, August 26,2008 12:46 PM To: Wayne.Wells@myclerwater.com Cc: msmith@belleviewbiltmore.com Subject: Cabana Club, Sand Key Wayne, it appears that this project is meeting all requirements, and that the opposition is sort of "stretching things" to prevent it. As a citizen of Clearwater, and a patron of the Cabana Club, I would like to register my support for this project. Thanks - Jimmy Walker 311 Druid Road West, Clearwater, FL 33756 (727) 446-3444 0 (727) 446-5014 f (727) 709-4700 c 8/26/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, August 26,20082:16 PM To: Wells, Wayne Subject: FW: Support for the Cabana Club redevelopment -----Original Message----- From: BIKERSCAFE@aol.com [mailto:BIKERSCAFE@aol.com] Sent: Tuesday, August 26, 2008 12:13 PM To: Watkins, Sherry Subject: Support for the Cabana Club redevelopment As an English Lady who winters close to Sand Key, am I missing something here? I think the protesters of the SON group appear to be a sad bunch of NIMBYs (No In My Back Yard) who seem to have conveniently fogotten the history of sandkey. The Biltmore were ferrying guest over to a cabana on a deserted sand key nearly a century ago. It is they (SON) and others who have been part of the sandkey development and that includes those who bought a property or business there, who have built the urban jungle up around a nice small little cabana club and turned a deserted beach into the urban environment it is today. Now the Cabana club want to develop, it seems that what was sauce for the goose cannot be sauce for the gander. I am personally sad that the cabana is not continuing as it is but I accept their righUneed to develop as a business. It is one of the last few remaining old world charms of the Pinellas coast, where you can have a drink and light meal watching the sun go down with courteous staff who do not hassle you to finish up so they can get there next lot of tipper onto your table. You get a real feeling of causal laid back tropical charm and it will be sorely missed. Barbara 8/26/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Monday, August 25, 2008 8:29 AM Wells, Wayne FW: -----Original Message----- From: Cheryl Hopler [mailto:chopler@tampabay.rr.com] Sent: Monday, August 18, 2008 9:41 PM To: Cretekos, George Cc: Manni, Dianei Watkins, Sherry Subject: Re: George, Thanks for the informative letter. Who would need to give them permission to build on 25 feet of the beach? Hopefully, Environmentalists and the State, as I am quite sure that would take years and they would not let it happen. This is my biggest objection as I feel it is ALL of our responsibilities to protect our precious environment especially our limited Coastline and Beach. Maybe I should alert them to this proposed project. I think I will. Cheryl Hopler ----- Original Message ----- From: <george.cretekos@myclearwater.com> To: <chopler@tampabay.rr.com> Cc: <Diane.Manni@myClearwater.com>i <Sherry.Watkins@myClearwater.com> Sent: Monday, August 18, 2008 9:19 PM Ms. Cheryl Hopler 1340 Gulf Boulevard, #15C Clearwater,. FL 33767 Dear Cheryl: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. As you know, a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month. It is this board that has the authority to approve the site plans, and its consideration of the Legg Mason proposal is being postponed until September 16, 2008, at 1:00pm. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, 1 --george george n. cretekos member, clearwater city council 727-562-4050 george.cretekos@myclearwater.com <mailto:george.cretekos@myclearwater.com> (please note that under florida's public record laws, written communications, including e-mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) 2 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25, 2008 8:29 AM To: Wells, Wayne Subject: FW: Legg Mason trying to build a hotel on Sand Key (File #FLD2008-02002) -----Original Message----- From: BARBGOLF@aol.com [mailto:BARBGOLF@aol.com] Sent: Tuesday, August 19, 20088:37 AM To: Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: Legg Mason trying to build a hotel on Sand Key (File #FLD2008-02002) Please give my message to CDB members. What on earth is the matter with Wayne Wells? Why would he approve an application from a company that is trying to circumvent every rule and code in the book? This company wants to take public beach, supported by public funds, for its own private use. They want to build a huge building on a lot that's less than half the required size. They even want to build it higher than code. They are trying to get away with less parking than required by not mentioning the restaurant will be larger than a normal hotel restaurant. Where will all the employees park--they're not all going to ride a trolley! Running a ferry up and down the canal is a terrible idea. We won't have any plant or sea animal life there any more. If people on Sand Key wanted to live in an area like Miami Beach, they would have moved there! Barbara Ferree, owner of two condos at 1591 Gulf Blvd. ************** It's only a deal if it's where you want to go. Find your travel deal here. (http://information . travel. aol. com/deals?ncid=aoltrv0005000000004 7) 8/25/2008 ... , August 14, 2008 t"~ '1 ? 20 ' ',". .i. c; DB TO: City of Clearwater A TIN: Michael Delk and Cynthia E. Goudeau FROM: Patricia A. Hayes SUBJECT: City Public Hearing Notice dated August 19,2008 In reference to your notice, no date, pertaining to Belleview Biltmore Owner, LLC. Consideration for saving the tax payer and the City of Clearwater funds City Government should take proposed bids by other than one city planner, Le., Wayne Wells and proposal of a three limitation for city planners to allow and provide considerable planning and development. The proposal being made should be billed to the individual or company making the proposal and not to the tax payer or the City of Clearwater. Authorization should then go through channels and not just a city council meeting. The proposal should also be addressed to local and permanent residents of the community being affected by such action. Home owners under this particular proposal are very concerned citizens whom most do not know or are unaware of what the Florida Statute 286.0105 entails and what the repercussions might be or the technicalities of the Statute and the proposal at hand. Consideration of the above and amendments to the proposal should there be a delay should be addressed. This Community Development which it is not is a mis- representation of what a democracy stands for and has gone so far as making it as a proposal should have been stopped some time ago. I hope that City Government and the concerned citizens of this community are heard and listened to for what they have to say as that is more important than an Assigned Planner and the person or business that he/she represents. Sincerely, QI .~~~ 'v R.ftI-teA..; . Patricia A. aye _ 1621 Gulf Boulevard, # l 004 Clearwater, FL 33767 ., i----" , (C' ~L=' cl' ,\~-:: .J ir- [, i,t L:::=-, ,j -. Ie k " Ii P j'- i! ,;::::1 I' I .. :~I M'2t" ' ) II / --' . \ \ l\ :.-~- r~.LCP~~1c ~-.- --.., J\ August 11, 2008 Page 1 of3 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25, 2008 8:23 AM To: Wells, Wayne Subject: FW: SON Response to SK Residents FINAL (08 11 08) -----Original Message----- From: Jim Strenski [mailto:strenski@jjconsulting.org] Sent: Sunday, August 17, 2008 3:24 PM To: Watkins, Sherry; Wells, Wayne Cc: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Petersen, Carlen Subject: SON Response to SK Residents FINAL (08 11 08) Re: Cabana Club Hotel Plans--- Please carefully consider the attached response to the 8/6 Martin Smith letter re: Legg Mason's hotel plans. This SON response addresses a variety of important points that deserve the attention of all CDB members, points not addressed by Legg Mason. May I also respectfully question Legg Mason's last minute postponment ofthe 8/19 CDB hearing to 9/16/08? It wasn't for lack of a quorum... A nu mber of concerned citizens built their week around the August date. What's to prevent Legg Mason from asking for additional postponments to suit their needs? Don't citizen's needs dererve respect? Thanks for your time. James B. Strenski, #1205, 1200 Gulf Blvd. August 11, 2008 Dear Concerned Neighbors of Sand Key: Weare writing to you in response to a letter you may have received from Martin Smith, Managing Director of the Belleview Biltmore Resort. Legg Mason owns the Cabana Club Restaurant property and the Belleview Biltmore Resort. Save Our Neighborhood (SON) is assuming Mr. Smith is speaking on behalf of the owner and his employer, Legg Mason. Mr. Smith's letter is very disconcerting and we will do our best to address each issue that is raised and bring to light issues that are not addressed. Use of the Beach: Legg Mason intends to place canvas cabanas, plant grass and install pavers on 25' of beach property west of the Coastal Construction Control Line (CCCL). The purpose of the CCCL is to protect the beach and property and that is why it is regulated by the state. The cabanas would not be removed at night and only in case of storms. This part of the beach is habitat for sea turtle nests and sea oats. Relying on the legalese argument, Legg Mason is technically correct that this is not a "taking", but a "use" of the beach because it falls within Legg Mason's property lines. However, we fail to see the practical difference in terms of the effect on the beach. Historically, this is the narrowest part of the beach on the island. Presently, it measures 110' in comparison to the 900' width at the north end of the island. Parking: Legg Mason says that 56 parking spaces on the property exceed the City's code requirement of 38 spaces and the actual parking demand for a hotel of this size. . They are correct that the Code requires one parking space per hotel room. What Legg Mason doesn't tell you is that its proposed restaurant is much larger than necessary to serve its hotel patrons. It is defining the restaurant as an "accessory" use and linking it to the Belleview Biltmore Hotel in Belleair to avoid providing parking for restaurant guests. An example of an accessory use restaurant would be "Rusty's" at the Sheraton on Sand Key where the number of hotel rooms exceeds the number of restaurant seats. Legg Mason's July 14th plans show restaurants with 165 seats, which is far more seats than necessary for a 38 room hotel. The restaurant will be open to guests from 8/25/2008 August 11, 2008 Page 2 of3 the 425 room Belleview Biltmore and the public. Applying the common sense test - where do 20-25 employees, the Cabana Club Hotel guests, the Belleview Biltmore Hotel guests, and the public who frequent the restaurant, park their vehicles? Legg Mason's answer is that it will shuttle its employees and the Belleview Biltmore guests, however, it is disingenuous to claim all employees, managers and hotel guests with vehicles, will use the shuttle. And where will the shuttle buses park? This is another example of Legg Mason's failure to act as a good neighbor. Our community will suffer the results of insufficient parking. Height: According to Legg Mason, the proposed hotel is NOT "100 feet tall" or a "lO-story high restaurant/hotel complex." Legg Mason says it is a "boutique" hotel that is only 67 feet high, or 6 stories over one story of parking). Again, Legg Mason is using the Code language to circumvent the answer to the question that the neighbors have been asking for months - How high will the building be? Practical people think of building height from the ground to the top of the roof. Simple math says 14 feet (parking) + 67 feet (building) + 10 feet (to top of roofline) = 91 feet give or take. Using Dan's Island on the south side of the property as a bench mark, the roof line falls somewhere between the ninth and tenth floor of that neighboring condominium building (90'-100'). Setbacks and Location of Building: It is impossible to build Legg Mason's proposed hotel/restaurant on this small site without numerous deviations from the City's Code. What is not mentioned in their letter is that the City's Code requires them to have a lot 200 feet wide in order to build a structure of the size proposed. In order to squeeze this oversized building onto this small site, Legg Mason is asking for a reduction of the lot width requirement to 88 feet. As a result they also have to ask for more deviations to the code in the form of "setbacks" for three out of four of the property lines: a. The Code requires that the parking lot pavement be setback 25 feet from Gulf Boulevard. They want that requirement reduced to 5 feet. b. On the north side of the building the Code requires them to be set back from their property line, zero to ten feet. They want that requirement reduced to Zero. c. On the west/Gulf side, they want to build the hotel building right up to the Coastal Construction Control Line. The Code requires them to build it back 20 feet. The bottom line is that there is nothing "boutique" or "modest" about this proposed hotel on this site. Dock: Legg Mason says it has deleted all references to the use of the dock on Gulf Boulevard from its pending application "due to the community input and concerns" and after evaluating its options will, once, again address this issue. What Legg Mason does not tell you is: 1) they made an offer to purchase an alternative piece of property on the same canal that has not been withdrawn; and 2) that eleven days after making this statement in their July resubmission of their application to the City, their attorney sent a letter to the Condominium property to which the dock at issue abuts threatening to move forward with an application for the permits and to begin using the dock. Thus, their public statements that they are not pursuing use of the dock at this time is disingenuous. There appears to be no reason to believe that Legg Mason has abandoned an earlier stated intention of ferrying its guests from its 425 hotel rooms at the Belleview Biltmore Resort down a canal that is exclusively residential with private marinas and manatees enjoying a habitat that sustains them. Adverse Financial Impact on Neighborhood: What we fail to see in Legg Mason's letter is any reference to the significant financial harm that will be caused to the home value of over 100 families who live in the residential properties that surround this less than one acre piece of commercial property should this hotel/restaurant be constructed as planned. Concerns of the Community: In addition to the contrary positions Legg Mason has taken publicly and privately regarding its consideration of the "community concerns" on the dock issue, Legg Mason denied a request by SON for a public meeting in July on Sand Key, or even in Clearwater, to allow Legg Mason's final building plans to be presented and reviewed with Sand Key residents. Instead, Legg Mason held the meeting at the Belleview Biltmore Resort where the majority of attendees were not Sand Key residents, and attendance was small. Take It Or Leave It: Legg Mason conducted two public presentations on Sand Key in February and March before the plans were final in July. At both meetings, residents asked if Legg Mason would consider another redevelopment plan, but that was summarily dismissed with the attitude of "take it or leave it." If Legg 8/25/2008 August 11, 2008 Page 3 of3 Mason had been a good neighbor and engaged the community in a true dialogue, they would have learned that the community welcomes redevelopment of this site within the City's Code and without deviations. Ideas such as a 4- 5 star restaurant, private beach club, smaller hotel, spa, or, beach villas have been made. Legg Mason's letter implies that if you do not accept their proposed hotel, your only option is a gas station, liquor store, nightclub or a used car lot. Again, this is another disingenuous response as such uses would be economically unrealistic considering the site is valuable beach front property. SON supports the redevelopment of this site within the parameters of the City's Code, but, without the need for deviations and for our community to be engaged in an open and honest dialogue that does not hide the real intentions of the developer. We hope this response has been informative and helpful. Sincerely, Cynthia L. Remley on behalf of SAVE OUR NEIGHBORHOOD 8/25/2008 Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25,20088:22 AM To: Wells, Wayne Subject: FW: Planning Commission approval of Legg Mason application - this is so wrong! -----Original Message----- From: Harry Artz [mailto:artzs@msn.com] Sent: Friday, August 15, 2008 10:26 PM To: Harry Artz; Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Cc: jofarnham@yahoo.com; RTARSIN@aol.com Subject: Planning Commission approval of Legg Mason application - this is so wrong! Mr. Hibbard - We have just learned that the City's Planning Department has issued its final report "recommending" approval of Legg Mason's application for deviations from the code in order to build a 38 room hotel, 165 seat restaurant and place cabanas, grass and pavers on 25 feet of the beach west of the Coastal Construction Control Line at the Cabana Club restaurant site. Why would the planning commission do this. It seems that they have ignored the current code and the community. We know that the CDB is NOT required to follow the Planning Department's recommendation to grant the deviations for the Cabana Club redevelopment. It is to consider and listen to the concerns of the neighborhood, as well. The CDB did just that when it did NOT follow the City Planning Department's recommendation to zone the Shoppes on Sand Key to tourist and, instead, voted to zone them commercial. It does appear that the Planning Department is not in step with our desires and we hope that each of you help us to work through this. We really hope that the Community Development Board overrules this misguided recommendation and sends both the planning commission and Legg Mason back to the drawing board with a clear message that this is not what the community wants, nor is this in keeping with the codes established for the community. It makes no sense for the planning commission and CDB, the 8/25/2008 Page 2 of2 community, and each of you to not be able to work to a reasonable compromise. The variations requested are outrageous and extreme, and not at all variences within reason. This is so dissappointing and we do hope that you all share your outrage and displeasure with the planning commission. Rarely have we felt so strongly as we have with both the shoppes at Sank Key and the Cababan club issues. This is so wrong. Harry and Debby Artz Talk to your Yahoo! Friends via Windows Live Messenger. Find QutHQY'l 8/25/2008 Page 10f2 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25,20088:22 AM To: Wells, Wayne Subject: FW: Please Say No To Legg Mason Expansion on Sand Key -----Original Message----- From: Daniel [mailto:dzmoore@tampabay.rr.com] Sent: Friday, August 15, 2008 5:53 PM To: Watkins, Sherry Subject: Please Say No To Legg Mason Expansion on Sand Key August 15, 2008 Re: Please Say No to the Legg Mason Request for New Hotel on Sand Key TO: Community Development Board Members City Manager Assistant City Manager Director of Planning My wife and I have been living full time on Sand Key for almost 25 years. The reason we decided on Sand Key was the simple fact it was a private residential beachfront community. When we moved here we expected additional residential condominiums to be built in the future. And as you know, the residential developers eventually completed the total development of Sand Key. Residential yes, commercial no way. But now, Sand Key Residents are being hammered and hammered and hammered by a commercial developer being financed by the huge investment bank Legg Mason. It appears, as the new owner's of the Belleview Biltmore Hotel located in Belleair, Legg Mason cannot possibly succeed with their Belleair investment unless they convince the City of Clearwater to provide special considerations for a major expansion of their existing restaurant property currently attached to the Cabana Club Condominium, a residential building. It doesn't surprise me to see an investment banker throw its weight around trying to permanently change Sand Key's residential nature with a hotel development project. They don't give a darn about their neighbors; they want to make money for their investors, period. However, Sand Key Clearwater residents are fortunate to have the City of Clearwater standing in its path. A true David versus Goliath showdown of the visions for Sand Key. As you already know, Sand Key Clearwater residents oppose the construction of a new hotel property on the south side of Sand Key. Please say no to their requests for the following reasons: The current location is and has always been a small unobtrusive restaurant; it was originally and purposely built this way because it was located in a residential neighborhood. Legg Mason's plans are way too big and require the use of Public Property for their expansion. Including our fragile renourished beachfront. The blocked vista views will dramatically and adversely affect the value of already de.valued residential properties. The minimal potential for increased revenue to the City of Clearwater can't possibly justify the permanent 8/25/2008 Page 2 of2 disruption to our residential community. The decreasing values of the residential condominiums around this new hotel structure must be considered as an eventual loss of tax revenue. And finally, where does Legg Mason's request end? They want Public Property, they don't really care about their neighbor's objections and they have plans to further disrupt our privacy by operating a ferry service from the Belleview Biltmore to their new Sand Key hotel. Imagine how terrible it will be for all the residents having a new ferry service weaving through the narrow canals of Sand Key. Obviously, Legg Mason has no concept of the difference between the residential area of Sand Key Clearwater and the tourist area of Clearwater Beach. And if they do know the difference, they just don't carel We sure hope all of you care. Please stand up to these developers and just say no to Legg Mason's hotel project. The City of Clearwater can't be this desperate for revenue. Thank you for your vote in stopping their request. Respectfully, Daniel & Zena Moore Lighthouse Towers Condominium 1290-305 Gulf Boulevard Clearwater, FL 33767 727 -595-1251 8/25/2008 Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25,20088:21 AM To: Wells, Wayne Subject: FW: Cabana Club Sand Key -----Original Message----- From: D&D Hopkins [mailto:dhop166@msn.com] Sent: Friday, August 15, 2008 5:29 PM To: Watkins, Sherry Subject: Cabana Club Sand Key For the Community Development Bd Aug 19 meet. Re: Cabana Club Sand Key Remodel I have reviewed the proposed redevelopment of the Cabana club. I am not opposed to the redevelopment of the property by legg Mason, however it must be done within existing codes and standards. I am opposed to the granting of any variances from City or State, building or zoning codes for the redevelopment. I live across Gulf Blvd in the Marina del Rey townhouses, thus I will be impacted by any redevelopment. The City and state codes have been established after due consideration by elected authorities and should be followed. In particular I am opposed to the variance of any development seaward of the CCL. This is a line that is established to reduce impacts on coastal erosion. The Cabana Club location is at a more vulnerable area were coastal erosion has occurred in the past. When the shore was nourished a few years ago, the shore line had eroded up to the seawall at the adjacent Dans Island condo. The erosion was continuing toward the Cabana Club property. Due to the public monies spent to nourish the beach, the private seawalls were saved. Construction beyond the CCl increases the risk of shore erosion. I am also opposed to the encroachment of a tall building onto the right-of-way for the Public beach access between the CC and Dans Island condo. The code setback must be maintained on the south side of the property. I am also opposed to any encroachment into the setback from Gulf Blvd. Any thing closer than the code allows now would be out of character with the existing neighbors. Thank you for your interest in serving the City. David Hopkins 8/25/2008 Page 2 of2 166 Marina del Rey Ct Clearwater 8/2512008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25, 2008 8:30 AM To: Wells, Wayne Subject: FW: Legg Mason Proposal File #FLD 2008-02002 -----Original Message----- From: Ardith Shipley [mailto:wonderchef50@hotmail.com] Sent: Tuesday, August 19, 20086:51 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: Legg Mason Proposal File #FLD 2008-02002 Dear Mayor, City Council and Community Development Board Members: Attached is a copy of our letter to the St. Petersburg Editor that was published on Tuesday, August 19, 2008 which expresses a very limited scope of our overall multiple concerns with the proposal of Legg Mason to squeeze a building on to an 88 foot wide lot that requires 200 feet under the City's code. We were shocked to hear that City Planner, Wayne Wells, "recommended" approval of this and all of the numerous other variances requested by Legg Mason. We thought that variances are only granted when the applicant can establish a need based on safety or ecological reasons and are minor in scope. That's the way that it has always worked in other places that we have lived. We never dreamed that the City would grant variances that sacrifice our neighborhood and property values so that some out-of-state billion dollar company could flip their property and make a quick profit at the expense of so many families. Does the City have a policy on granting variances, or is the only guideline to give developers exactly what they want and ignore the neighborhood and needs of its citizens and residents? Michael & Ardith Shipley Get thousands of games on your PC, your mobile phone, and the web with Windows@. iiame_withWimlQws 8/25/2008 Letter to the Editor Clearwater Gazette August 10, 2008 Cabana Club Redevelopment Weare homesteaded residents of the Isle of Sand Key, directly east from the Cabana Club which Legg Mason is proposing to redevelop. One of our main concerns with Legg Mason's plans to build a hotel and restaurant at this site and on the existing parking lot is the lack of adequate parking that currently exists. Parking is already a problem with just the restaurant. We have personally witnessed the cars being double parked and exit lanes being blocked in the parking lot where the valet has to move one car to get another one out, and also know of cars being parked illegally at the local tennis courts on the island as well as in our parking lot at the Isle of Sand Key. Legg Mason just snubs its nose at this problem and seems to have no issue with repeatedly paying tickets for the illegal parking. If this is the kind of neighbor Legg Mason is today, then how can they look at us with a straight face and tell us they are only going to provide eight more parking spaces than what currently exists? They try to tell us that they are providing more parking than is needed by a 38 room hotel, but this ignores the fact that their plans include a 165 seat restaurant that will be open to the public, and that guests from the 425 room restored Belleview Biltmore Hotel will want to drive here for the beach or for dinner. To make matters worse, where will the employees and managers of this hotel/restaurant park their vehicles? Do they think we believe all these people will be ferried over in some "water taxi" or shuttled over in a bus? If they can sell the City Planning Department on that one, the City should hire them to solve the parking problem on Clearwater Beach! Better yet, the Mayor may want their advice on mass transit solutions for the entire City! ! Michael & Ardith Shipley Page 1 of 1 Wells, Wayne From: LikeGERE@aol.com Sent: Thursday, August 21,2008 1 :58 PM To: Wells, Wayne Subject: (no subject) Dear Mr. Wells, I am taking the time to write this letter of support for the Belleview Biltmore improvement project because I see it as a genuine benefit to the community. Several months ago a study was conducted to find what would best benefit Clearwater in generating the eroded tourism income. It was determined that more mid priced hotel rooms were badly needed, that past removal of hotels which were replaced by luxury condos had hurt the economy. It appears to me that the addition of rooms at the Cabana Club is a direct positive answer to this dilemma. I'm really confused as to what the objections TRUL Yare other than people that have way too much time on their hands that oppose any sort of change! I have visited the web site that is listed on those ugly red protest signs (which I doubt are actually legal in their placement) I sent a friendly email to the address on that web site asking how the project would actually damage or inconvenience them and have received no reply. I understood their objection to the small strip shopping center south of the Marriott being removed, I could understand that some may walk to the restaurants grocery store etc in that center and that they might be unconvinced if it were no longer there, that to me is logical. I live in Indian Rocks Beach and drive by the Cabana Club frequently both by car and by boat. The Cabana Club property is truly a pleasure to the eyes as compared to the looming concrete jungle of condos that line the beach. I look forward to spending a weekend on the beach and relaxing in a cabana on the sand at the Cabana Club, please do all that is possible to allow this restoration and improvement project to get under way. Best personal regards, Byron Dougherty It's only a deal if it's where you want to go. Find your travel deal b~re. 8/21/2008 rfJ: eoNMU/tIt""Y fJFIIJ;:Jd>hCAJ1 ,~nD .FRx7:J.7 V<,~ 32.( > ~f 'BfLL'Y+'BE-"'" ~ I 7l:HCtL F"51l< 870 3"'1 ~ ~,z. ~ HVG 15-;:aoc,r VEA~ 8~o 11t::-II ~1!(, (JOn. R@:JD13A.Jce I S (JAil; 2..70 I, IS i' Gut..fC gi-U ~ ~t.t:~(U,.. fR F'- ~ TlHs UAJlr IS 7H:! CLO~gT 70 ~; pfd::}~sB) J..€GG" /t't:lSON 1-Ie'i7:L.... we 'Ft:€l.. 7[.I4T 7/-It:f {td~L- ,4&10 ~es rulMAiT lUI'-(, 131: A GeE1J.f ./h(JeovG~eAJ;- r" OtlR. ~eANI1 t!.J..uf3 CoI-IOO fIND ~ .AERA. {.l flATo'Ur'f OF -rH= o~p~?2.~ (i)F t'aSJW/:J ~L.t.Jg CoAJOOS Atef:f IA) FIlII~ OF 1l~ t!(Jl./s(7?{)(!...""IJ, n, Yt1IJR. k~1J ~ Aur:./'17/-f, 'Pl...eMe w~ /'fJ rAviY< .tJF 7-1-''::, GIU3Gr I kPtO\Jtlt€lJ1 T(j ou ~ IJ'Gfl.ca l:.1IOdD# ~5J~ ~l~;'{~:/'~'I ~:~~'!~ '~. t~~~.> AUG 1 ~ l008 -c;(,r~~~'.~'\ ::;-.',;.,:. ~, p!,..='.' ...' . td w&:t:' : to 800C St "6nt:J Slc8-V9v-LcL: "ON X~j l"l3(J All NflWWOJ AlNf\O) StI113N I d: ~j Page 1 of 1 Wells, Wayne From: Russ Schoenherr [rschoenherr@wowway.com] Sent: Thursday, August 14, 2008 11 :55 AM To: Wells, Wayne Subject: Cabana Club Improvements Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Russ & Marilyn Schoenherr 8/15/2008 Re: Cabana Club Hotel Page 1 of3 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 200812:36 PM To: Wells, Wayne Subject: FW: Cabana Club Hotel -----Original Message----- From: AI Lijewski [mailto:alijewski@medd.com] Sent: Thursday, August 14, 2008 10:24 AM To: JanBchNews@aol.com; Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Cc: Cynthia@ProRemLaw.com; Jofarnham@yahoo.com Subject: Re: Cabana Club Hotel TO ALL, As the founder and first president of the Sand Key Civic Association and a resident of Sand Key for more than twenty years, I can personally attest to the fact that we have had literally hundreds of Sand Key residents who have served the best interests of our city in the past and still continue to do so. They have donated thousands of hours to work on projects to improve our community. Their accomplishments include the beach re- nourishment, permanent easements on private property to allow all to enjoy our beautiful beach, underground utilities, public parking, a fire station to reduce the response time, a public park, holiday street lighting paid for the its citizens, substantial improvement in the beach area just north of the Sailing center, just to name a few. In addition, the Sand Key Civic Association, in concert with other civic associations took over the responsibility of operating the Jolly Trolley, substantially improving its service to the community, improving its financial situation and making it an icon for Clearwater Beach. I mention all of this to re-enforce the fact that our community on Sand Key is civic minded and has repeatedly demonstrated its willingness and ability to work long and hard for projects that benefit the community at large. It also demonstrates beyond question that our community is not opposed to change; we were instrumental in making the changes previously mentioned. Which brings us to the proposed Cabana Club hotel, which, if allowed, will trample on the rights of its neighbors. Please compare their proposed changes, that would benefit a select few, to the changes made to date that continue to benefit the entire city. The requested variances for this project are an insult and a complete disregard for the rights of those who have complied with the existing rules and regulations. Please do not trample on the rights of so many who have and still continue to work for the benefit of the entire community. AI Lijewski 1600 Gulf Boulevard, Suite 1013 Clearwater, FI 323767 727/492-0055 On 8/13/087:21 PM, n)~DI3_c;hN~w?@~gl,c;Qmn <)Cln~c;rrN~w_?_@~gl,c;Qm> wrote: Counci{ ::Mem6ers: I liave 6een a resident of Sand 1(ey since 1991 resicEnn in (j)an's 8/1512008 Re: Cabana Club Hotel Page 2 of3 IsCand that is the neigh60ring 6uiUing to the proposed new Ca6ana C{u6 hotef. }ls the current structure has 6een an on-going source of controversy due to its continued deteriorated condition} it wou{cf 6e a weCcome change to have the property improved with upscaCe renovations. J{oweve~ the proposed 6uiUing does not conform to the 6uiUing enve{ope in any aspect. CBuiUing codes} reguCations} set6acRJ} etc. are an integra{ part of a community's design to maintain continuity and assure neigh6ors's rights are not infringed upon or su6jected to deva{uation. }l governing 60cfy such as yourse{ves is eCected to oversee that these reguCations are adhered to and any deviations are in the 6est interests of a{f............ not a chosen few. In your :Notice to the Pu6fic of the upcoming hearing appfication} it is pointed out that the required 6uiUing Cot size (6y code) requires a 200 ft. wide Cot. granting a variance to construct this structure when onCy 88 ft. is avaiCa6Ce is preposterous. r[fiis is not a variance} this is a tota{ disregard for the Caws} reguCations and what is appropriate for the site and the community as a whoCe. }l 6uiUing of this magnitude wou{cf certainCy 6e intrusive to the neigh60ring Cots. Of course} insu{t is added to injury to further the request to eJ(Jeed 3 times the height restriction and requesting zero set6acRJ from property fines. Variances are usua{Cy considered in hardship cases or where a few feet are needed to compCete the design. r[fiis is not a hardship case - it is an ''1 want" scenario so I can do 'rBig CBanner" advertising on we6 sites} trave{ 6rochures} etc. %s, as pointed out a60ve, an improved/renovated, 6eacfi du6 restaurant wou[([ 6e weCcomed. (]3ut, tfiis Cot does not accommodate tfie proposed pran. P.ven more so, appropriate parkjng for a 125 seat restaurant p(us a 40+ seat outside 6ar and griff in addition to tfie 38 room fiote( is non-e~tent. One of tfie reasons, tfie e~ting Ca6ana C(u6 ~staurant was never successfu( was due to tfie parkjng pr06fem. :Now you 'f( fiave residents a(( aCong qulf(]3(vd (6eyond Sand7(fy) and fiote( patrons from tfie 425 room (]3e(feair(]3e(feview (]3i(tmore coming to tfie Cocation witfi trufy inadequate parkjng. Pretty soon, a stop unfit wire need to 6e insta(fed to contro( tfie fCow of traffic. 8/1512008 Re: Cabana Club Hotel Page 3 of3 JI(Cowing construction up to ana 6eyona tfie seawa(( can fiave serious impact on tfie integrity of tfie seawa(( as we(( as inteifere in any future neecfea reinforcements ana/or repairs. rrTiis wire affect neigfi60ring properties sfiouU tfie seawa(( 6ecome compromisea at any time. rrTie insta(Cation of ca6anas on tfie 6eacfi sfiouU 6e a(Cowea for everyone ana every compfeJ( if tfiis is to 6e consUferee!. J{owever, tfie request to insta(( pavers ana canvas ca6anas on 25' of 6eacfi property west of tfie Coasta( Construction Contro( Line not onfy inteiferes witfi tfie sea turtfe fia6itat ana sea oats, it is in opposition to PP/MJI guiaefines ana tfie requirements to qua(ify for our 6eacfi renourisfiment project. SfiouU tfiis appfication 6e approved', it wi(( aemonstrate tfie City of Cfearwater ana its counci( mem6ers ao not represent its citizens or fiave any respect for our cocfes or reguCations. 'You are in office to represent tfie 6est interest of tfie taxpayers ana our neigfi60rfiooas. Por my neigfi60rs in (f)an ~ IsCana ana Sana1(ey afiR.!, I urge you to 6e rea(istic of wfiat is appropriate ana in tfie interest of a([ Jan :M. :Newsome (f)an ~ IsCana #813 1600 qulf (S(ve!. Cfearwater, PL 33767 727-596-1108 LooR.jngfor a car tfiat~ sporty,fun ana fits in your 6udfJet? CXgaa reviews on}lOLJIutos <fittp://autos.ao[ comjcars-(13'MW-128-2008/expert-review? ncia=aoCautO0050000000017> . 8/15/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Thursday, August 14, 200812:37 PM Wells, Wayne FW: Cabana Club Restaurant -----Original Message----- From: secssp@tampabay.rr.com [mailto:secssp@tampabay.rr.com] Sent: Thursday, August 14, 2008 11:50 AM To: Hibbard, Frank Cc: paul.gibson@clearwater.com; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Cabana Club Restaurant The proposed changes in zoning are ridiculous We are talking a residential neighborhood not a downtown commercial location Our beach would be compromised, our lifestyles would be compromised, our values would be denied and given to the highest bidder Frankly, I don't believe this is even be considered? Please tell us all that we won't lose our beachfront to "forced" erosion and/or allow even more autos in a too limited parking area, we've been here paying our taxes for many years We represent a large percentage of tax dollars and voting power. Do not dismiss our concerns. Thank you Sharon Pettit; Cabana Club 1 LANDMARK TOWERS AT SAND KEY CONDOMINIUM ASSOCIATION, INC 1230 GULF BLVD. SAND KEY, FLORIDA 33767 August 12,2008 Reference: Case# FLD2008-02002 (1590 Gulf Blvd.) Honorable Frank Hibbard, Mayor City Council Members Sherry Watkins City Hall 112 S. Osceola Street Clearwater, FL 33758 Dear Honorable Frank Hibbard, Mayor: I am writing to you today not to oppose hotels on Sand Key, but to oppose variances that will eventually damage the island of Sand Key. The CDB should take into serious consideration, the permeable land which will be lost for the pilings and foundations to such a large structure proposed by Legg Mason for the size of the property available to be further developed. The increased blacktop for the parking area also must be factored in. This area of Sand Key is the narrowest part and is very vulnerable to storm surges breaching the area and undermining the boulevard and possibly dividing Sand Key in two. Who assumes the responsibility if such consequences occur? Isn't it the city planners and building department for permitting this over development in such a geographically sensitive area? The city forefathers had reasons for the Building and Zoning Codes, not to ignore them, and effecting a whole new code which may endanger the current residents and property. Are the tax dollars you are looking to gain really worth this risk? Taxpayer monies from the federal level were used to pay for beach renourishment on Sand Key and for Legg Mason to assume they can utilize the beach area of 25 feet by an unknown length is unfair to the residents of Sand Key who access these beaches via the public walkways which was required because of the use of federal funding. This is a situation that Legg Mason wants to have private business financial gain at the cost of the taxpayers. Respectfully yours, Arlene Musselwhite President, Landmark Towers Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 200812:37 PM To: Wells, Wayne Subject: FW: FLD Case # 2008/ 020021590 Gulf Blvd. -----Original Message----- From: ARLENEMUSS [mailto:arlenemuss@aol.com] Sent: Thursday, August 14, 2008 12:02 PM To: Watkins, Sherry Subject: FLD Case # 2008/ 02002 1590 Gulf Blvd. Dear Ms. Watkins, Could you please forward the attached letter which I have sent as president of Landmark Towers on Sand Key. I have serious concerns about the proposed variances Legg Mason has asked for. I appreciate your assistance in getting my letter to the Mayor, the City Council Members and Nick Fritsch and the CDB. I am in New York until August 18 so I did not have my Letterhead to use. Thank you very much, Arlene Musselwhite It's time to go back to school! Get the latest trends and gadgets that make the grade on AOLS1IQQQio.g. 8/15/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Thursday, August 14, 200812:37 PM Wells, Wayne FW: Legg Mason Sand Key Proposal -----Original Message----- From: Doran, John Sent: Thursday, August 14, 2008 12:07 PM To: 'Chris Evans' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Legg Mason Sand Key Proposal Ms. Evans: Thank you for your comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council. To date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I have copied your email to Sherry Watkins in the Planning Department; she will make it available to the CDB,as is most appropriate. There will an opportunity for personal public input at the CDB meeting on August 19, at which time you can address the CDB on this matter, in person, should you choose. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e-mail communications may be subject to public disclosure. -----Original Message----- From: Chris Evans [mailto:evans.chris01 @comcast.net] Sent: Thursday, August 14, 2008 6:22 AM To: Gibson, Paul; Doran, John; Cretekos, George; Hibbard, Frank Subject: Legg Mason Sand Key Proposal This plan is ludicrous and I hope you recognize it as such. The proposed variances are far beyond reasonable constructing an unsightly edifice which is inconsistent with the architecture on Sand Key. Yes, the sight is currently zoned commercial but for a VERY SHORT building within city ordinances and in fitting with the surronding area. I live at The Harbour South and can't help but wonder if the proposed boaVfoot traffic meets safety codes and is wheelchair accessible. The volume of traffic is inconceivable considering the pathway next to our pool. PLEASE BE A RESPONSIBLE REPRESENTIVE OF THE CITIZENS AND NEIGHBORS OF SAND KEY AND VOTE "NO" TO LEGG MASON VARIANCE PROPOSALS. Thank you, Maria Evans 1531 Gulf Blvd. #401 Sand Key 33767 1 .',.... ~ Ultimar Three Condominium Association, Inc. 1560 Gulf Boulevard, Clearwater, Florida 33767 Phone (727-595-7900 Fax (727-596-1631) ORIGINAL MCEIVED AUS 14 2008 KANNING OiMDAENT CIlY eF CtfAl\NATtW August14,2OO8 Commurity DeveIopnent Board City of Clearwater, 112 South Osceola Ave, Clearwater, Rorida Re: legg Mason's Plans to 8l.i1d a Hotel at 1590 Gulf Blvd., Site of the Cabana Chb Restaurant To the Community DeveI~t Board. We wish to inform you that on August 13, 2008, the Board of DiI8Ctors of the lItimar III Homecrtmers Association IIl8I1imously passed a resolution to OPPOSE all of the variances recJ.I9Sled in legg Mason's 8JlPlicatioo in order to wid a hotel in our residential t1Eigtt)orhood. Our concbminillTl property is located at 1560 Gulf Blvd aqacent to the Cabana C1w property. We represent 100 resident owners at Ultimar III. Please introdJce our objection to legg Mason's 8JlPlication as a part c:I the ptdc hearing schedJed for Tuesday, August 19, 2008 in the City Council CharI1lers. Specifically, we OOject to legg Mason's ~tion seeking ~ for mtJltiPe and sigrificant variances to build a 38-unit hotel with an ~mate 165 seat accessory restatJant If awroved. a transformation d our residential neigttlorhood will be I8lIlChed bri..vng with it il1Cf98Sed buildng density, addtionaI coounercial activity, traffic, and beach intrusion. We believe we have exarrined this issue oqectively and what we see is an atterT1X to increase the value of the SItlject property for resale purposes. Consider for a moment, what is rec:JleSted: ~ a rec1Iction to the north side setback; ~ a rec1Iction to the west rear setback; ~ a reWction to the east front setback; ~ a reWction to the east front perimeter buffer; ~ a re<iK:tion to the north side perimeter buffer; ~ a reWction to the widh c:I the interior landscape islands; ~ an unrealistic height increase that will result in a 9 or 10 story buildng; and, and 25 feet of beach area seaward c:I the Coastal Construction ConlroI Una for cabana that will not be taken down overnight We Slbnit that if you grant such extreme variances, you will be setting a s1iWerY s1~ pracedent that win invite similar overraaching cIeveI~ proposals throughout Sand Key. That said, we would welcome mdevelqJment on this site wittin the City's Coda and without deviations. Ideas such as a 4 or 5 star reslaurant, a private beach clw, a smaIer hotel, spa, or beach villas have been suggested. Please consider this action c:I our Board of Directors as an ilJ1)Ortalt representation c:I the aqacent property owners who seek oriy to preserve our residential t1Eigtt)orhood, our property values, our safety, and our enviromnent Yours~ , I? -' Y PGlN"f ~ VvtG Q,;...e!l<.e~ Ultimar Three CondominillTl Association, loe. Board of Directors C: City c:I Clearwater, Director of Planning Page 1 of 1 Wells, Wayne From: Cynthia Churchward [cindy@churchward.com] Sent: Monday, August 18, 2008 9:37 PM To: Wells, Wayne Subject: Legg Mason development of the Cabana Grill on Sand Key Dear Mr Wells, I am writing to you to express my complete support of the plans by Legg Mason and their proposed development of the Cabana Grill (Beach Club) on Sand Key. It is a rare opportunity indeed to have a developer who is forward thinking and presenting a well thought out design for the redevelopment of the existing Beach Club property. The new design plans will significantly improve the beauty, functionality and usability of the current property. An additional point of great importance to consider as well, is the connection of the developer Legg Mason who is also redeveloping the Belleview Biltmore Resort and Country Club. These are all important historical properties that Legg Mason is developing and the significant ties between the properties should not be under estimated or taken for granted. As a citizen of Clearwater for the last 41 years and a current member of the Belleview Biltmore for many years, my husband and I am in total support of all the current development plans that Legg Mason has proposed for the above mentioned properties. It has been a sad time indeed to watch the properties deteriorate steadily under the previous ownership and my husband and I welcome the improvement all around as well as appreciate the restoration plans for the Hotel as proud citizens who recognize it's historical signifigance. I would greatly appreciate you support in this matter that is before you as our representative. Thank You, Jack & Cynthia S Churchward 1730 Sherwood Street Clearwater, FL 33755 iack@churchward.com or cindylaJ,churchward.com 727-458-4664 or 727-455-5340 8/19/2008 Wells, Wayne From: Sent: To: Subject: Bridget Lopez [Bridget_Lopez@dcf.stateJl.us) Thursday, August 14, 20081 :27 PM Wells, Wayne Legg Mason and the Cabana Project ~ pic13290.jpg "I support Legg Mason and the Cabana project." Thank you very much, Bridget Lopez (Embedded image moved to file: pic13290.jpg) NOTICE: Florida has a broad public records law. Most written communications to or from state officials are public records that will be disclosed to the public and the media upon request. E-mail communications may be subject to public disclosure. 1 Page 1 of 1 Wells, Wayne From: bbandsb306@comcast.net Sent: Thursday, August 14, 20082:21 PM To: Wells, Wayne Subject: FW: re: Cabana Club Permits -------------- Forwarded Message: -------------- From: bbandsb306@comcast.net To: Wayne.Wells@myc1earwater.com Subject: re: Cabana Club Permits Date: Wed, 13 Aug 2008 19:19:55 +0000 Just so you know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. It is owned by our association and the plans we have seen can only improve the Cabana Club as well as the area.The improvements will also add a couple of great restaurants which the area needs. Please approve the permits so this project can move forward. Thank you. Bill and Shirley Barnhart 8/1812008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 20082:28 PM To: Wells, Wayne Subject: FW: FLD2008-02002 (1590 Gulf Blvd) -----OriginaJ Message----- From: Mary Reinhardt [mailto:eagleflying@earthlink.net] Sent: Thursday, August 14, 2008 1:22 PM To: Watkins, Sherry; Hibbard, Frank; Doran, John; Cretekos, George; Gibson, Paul; Petersen, Carlen Cc: JoEllen Farnham; Cynthia Remley Subject: FLD2008-02002 (1590 Gulf Blvd) Dear Mayor, Council Members and CDB, Although I am not opposed to Legg Mason's right to construct on the property at 1590 Gulf Blvd, I am totally opposed to the excessive variances (deviations) that they are requesting in terms of size. height. parking and setbacks. Their request to use property 25 feet seaward of the CCCL is totally inexcusable. According to Dr. Nicole Elko: The Erosion Control Line (ECl) now acts as the property line between upland private and state/public beach land. The distance from the CCCl to the MHWl at 1590 Gulf Blvd is presently approximately 110ft. The distance from the CCCl to the MHWl at the Sheraton Resort is 900 ft. This shows how narrow the beach is at 1590 Guf Blvd. This area is the most fragile part of Sand Key and would be the most likely to suffer the worst damage to the island in a severe storm. Past history of beach erosion has shown that the beach erodes in this area and sand shifts to the north. Legg Mason has stated in a meeting at the Belleview Biltmore on July 8th that the "boutique hotel" and amenities are IMPORTANT to the success of the historic hotel in Belleview. Why should the government of Clearwater put itself at risk to further the success of a corporation whose main focus is in Belleview? It appears that any advantage in tax revenue would go to Belleview rather than to Clearwater. I strongly urge that the Community Development Board deny the extreme variances requested by Legg Mason. Sincerely yours, Mary Reinhardt 8/18/2008 Page 1 of l' z-- Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 4:23 PM To: Wells, Wayne Subject: FW: Cabana Club Employees' Parking Tickets at Bay Park -----Original Message----- From: Kenneth G. Protonentis [mailto:Ken@ProRemLaw.com] Sent: Thursday, August 14, 20084:16 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Cc: Watkins, Sherry Subject: Cabana Club Employees' Parking Tickets at Bay Park Dear Mayor Hibbard, City Commissioners and Community Development Board ("CDB") Members: As Legg Mason's application for multiple and significant deviations comes before the CDB for a final decision, I think it is important that you understand how limited and how problematic the current parking situation is at this less than an acre site. It is also important that you understand how Legg Mason circumvents the City's parking rules for its employees. On Friday evening May 2, 2008 about 7:30 pm and shortly before sunset, my wife and I walked across the street to the Cabana Club Bar & Grill where there are 2 restaurants, one formal, and one casual upstairs with the James Peterson Blues Band playing on Friday night, the same band that has been playing there on Fridays for over a year. We met the Maitre D', Michel, as we entered the lower level. We have known Michel for many years and have been members of the Dining Club that was established in 2002 when the restaurants reopened. We went upstairs to enjoy the live entertainment and ordered our food and a bottle of wine after securing the last available table. About 30 minutes later the general manager, Martin Smith. appeared in shorts and a Belleview Biltmore golf shirt. He came over and sat down with the people at the table right next to us. After some conversation, he looked over at us, stood up and stepped over to talk with us. We also stood up, shook hands and talked, hearing about his enjoyable afternoon on the golf course. My wife relayed to Martin that she and I had just been talking about the terrific job that Michel has done in bringing in business through the casual outdoor restaurant with live entertainment, and how great a treat this has been for the locals. Martin responded that yes it was great, in fact so great that management has its employees park in the parking lot of Bay Park, which is just north of 1581 Gulf Boulevard on the intercoastal side. Martin added that lately he has had to write $20 checks every night to cover the parking tickets his employees have been getting from the City for parking in Bay Park. Martin said that he did not know what happened or why his employees are getting parking tickets now, because previously it was not a problem. He speculated that maybe the City changed its rules to no parking after dusk. We concluded our conversation cordially, and Martin went back to the next table carrying on a conversation with the people sitting there. The clock said 9:00 pm when we returned home. Bottom line is that the parking has been inadequate for the existing restaurants which seat slightly fewer people than the proposed restaurant will, excluding the existing banquet room upstairs that is seldom used. Adding only 6 more parking spaces will definitely not solve the parking problems for a 165 seat restaurant, a 38 room hotel, guests arriving at the beach from the 425 unit hotel complex in Belleair, and the 20 or more employees servicing the hotel and restaurant. An additional neighborhood concern is that allowing commercial parking use at Bay Park will jeopardize future 8/1812008 Page 2 off L funding for beach renourishment projects and may cause Pinellas County to have to refund monies already received for beach renourishment proj ects, if such funds are not already in jeopardy due to the parking restrictions being mocked by Legg Mason. We need to preserve and maintain our public beach, and we cannot risk losing desperately needed funds by condoning unauthorized commercial parking on public land. It is also my understanding that the City Planning Department may recommend approval of Legg Mason's plans because of the erroneous belief that there will be no parking problem because Legg Mason will use a water taxi to ferry guests back and forth from the mainland hotel in Belleair. I am the Commodore of the Harbour Yacht Club of Sand Key, Inc. and a Director of the Harbour Condominium Association, Inc., the entities that respectively own the docks and real property across which Legg Mason now wants a commercial easement. I respectfully submit the attached opinion from our attorney, which clearly establishes that Legg Mason has absolutely no easement rights to a dock or a right of way across our private residential property. Legg Mason has not produced any documents in this file as of July 14,2008 establishing that they own any property or have any ownership rights to a dock or property from which a commercial water taxi can be operated. I respectfully request that you deny all of the deviations from the Code that are being requested by Legg Mason and that you encourage them to redevelop this site within the Code, and without requests for variances. Thank you. Kenneth G. Protonentis PROTONENTIS & REMLEY, P.A. 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767-2997 Office: (727) 596-3435 Facsimile: (727) 596-2076 Cell: (727) 215-9700 Email:KGn@PIQRGnlLaW:.~9J11 y,ry,lv,r.ProRGmL;:n"",C::91Jl Confidentiality Note The information contained in this communication may be confidential, is intended only for the use of the recipient named above, and may be legally privileged. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying ofthis communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re- send this communication to the sender and delete the original message and any copy of it from your computer system. Thank you. 8/1812008 Page 1 of 1 Wells, Wayne From: Bruce Larson [blarson@larsonco.com] Sent: Monday, August 18, 2008 8:16 AM To: Wells, Wayne Sir, please consider this a vote in support for the proposed improvements to the Cabana Club on Sand Key. Bruce Larson 8/18/2008 Page 1 of 1 Wells, Wayne From: Walt Poff [waltpoff@gmail.com] Sent: Thursday, August 14, 2008 5:07 PM To: Wells, Wayne Subject: Cabana Club Dear Mr. Wayne Wells Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Thanks and Very Best Regards, Walt Walter Poff, P.E. 8/17/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 15, 2008 8:08 AM To: Wells, Wayne Subject: FW: Case #FLD2008-02002 -----Original Message----- From: Julie Pappas [mailto:juliepappas@suncoastsurfrider.org] Sent: Thursday, August 14, 2008 11:15 PM To: Frank.Hibard@myclearwater.com; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Case #FLD2008-02002 Dear Clearwater City Council Members, Good evening. My name is Julie Pappas, I am the chapter secretary of Sun coast Chapter of the Surf rider Foundation. We are an international not for profit organization founded in 1984 whose mission is for the protection and enjoyment of the worlds oceans, waves and beaches for all people through conservation, activism, research, and education. Recently, other not for profit organizations contacted our chapter and presented Case#:FLD2008-02002 (1590 Gulf Blvd.). In brief, the case is about the reconstruction of the Cabana Club Restaurant site, on Sand Key, and the related ferry boat in the intercostals waterway. Our chapter opposes the building proposed plan of going beyond the allowed variances where it comes to infringing on the public beach immediately west of the site. Encroaching towards the Gulf may inhibit wildlife and shorten the beach. With the buildings being so near to the shoreline the natural beach dynamics may suffer. Closer buildings mean the possibility of more lighting on the Gulf side of the site. Several sea turtles chose the warm sand of Sand Key to nest their eggs this year. False moonlight attracts hatchling sea turtles away from the Gulf. Sand Key, on a regular renourishment schedule, isn't very wide to begin with. But despite this fact, healthy dune habitat can be seen all up and down the beach. According to the case, the plan calls for twenty-five feet of public beach for semi- permanent, private cabanas. Twenty-five feet on what would be healthy dunes, thus more natural armoring, if they would prohibit people trampling it, as they do now. The encroachment may lead to a narrower beach which would lead to, one could suppose, more manmade beach armoring to gain back the protection of the shore. Clearwater is a fine city because folks like you have the say in what matters. Consider the health of the beach when deciding to grant the extended variances on this case. We ask you to personally view the area of concern. And decide on the side of preserving what's natural on the cities proud coastline. Generations of plants, animals and people will benefit far better in the long run. Respectfully, Julie Pappas Suncoast Chapter Surf rider Foundation 8/17/2008 Page 1 of 1 Wells, Wayne From: ETCSB@aol.com Sent: Friday, August 15, 2008 2:20 PM To: Wells, Wayne Subject: Cabana Club on Sand Key Dear Mr. Wells, We are writing to express our support for the proposed new Cabana Club on Sand Key. We are members of the Belleview Biltmore Resort and have every reason to believe that the proposal would be done tastefully. We are sorry to see what has become of Sand Key (High rise condos) and think that a small hotel would be a good thing. Sincerely, Sally & Blaine Duggan 2118 Egret Drive Clearwater, FL Looking for a car that's sporty, fun and fits in your budget? 8~~JL[evj~W~_Qn1,QL81tto_$.. 8/1712008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 15, 200812:34 PM To: Wells, Wayne Subject: FW: Cabana Club Sand Key -----Original Message----- From: D&D Hopkins [mailto:dhop166@msn.com] Sent: Friday, August 15, 2008 10:57 AM To: Watkins, Sherry Subject: Cabana Club Sand Key Re: Cabana Club Sand Key Remodel I have reviewed the proposed redevelopment of the Cabana club. I am not opposed to the redevelopment of the property by legg Mason, however it must be done within existing codes and standards. I am opposed to the granting of any variances from City or State, building or zoning codes for the redevelopment. I live across Gulf Blvd in the Marina del Rey townhouses, thus I will be impacted by any redevelopment. The City and state codes have been established after due consideration by elected authorities and should be followed. In particular I am opposed to the variance of any development seaward of the CCL. This is a line that is established to reduce impacts on coastal erosion. The Cabana Club location is at a more vulnerable area were coastal erosion has occurred in the past. When the shore was nourished a few years ago, the shore line had eroded up to the seawall at the adjacent Dans Island condo. The erosion was continuing toward the Cabana Club property. Due to the public monies spent to nourish the beach, the private seawalls were saved. Construction beyond the CCl increases the risk of shore erosion. I am also opposed to the encroachment of a tall building onto the right-of-way for the Public beach access between the CC and Dans Island condo. The code setback must be maintained on the south side of the property. Thank you for your interest in serving the City. David Hopkins 166 Marina del Rey Ct Clearwater 8/17/2008 Page 1 of 1 Wells, Wayne From: james sarafolean Uim-arlenesarf@sbcglobal.net] Sent: Friday, August 15, 200810:47 AM To: Wells, Wayne We just wanted to let you know how excited we are about the improvements to the Cabna Club on Clearwater Beach. Jim & Arlene Sarafolean 8/17/2008 Page 1 of 1 Wells, Wayne From: JHornb1929@aol.com Sent: Saturday, August 16, 2008 7:43 PM To: Wells, Wayne Subject: (no subject) WE CAN NOT IMAGINE ANYONE OBJECTING TO IMPROVING THE CABANA GRILL AND THE HOTEL. THEY SHOULD BE, AS WE ARE, THRILLED TO HAVE THIS HAPPEN. WHAT CAN THEY BE THINKING TO NOT BACK THIS NEW CONSTRUCION AND RECONSTRUCION. WE WERE MEMBERS OF BELLEAIR COUNTRY CLUB FOR MANY YEARS BEFORE MOVING TO THE BELLEVIEW BILTMORE COURSE. WE JUST CAN'T BELIEVE A MEMBER AT EITHER PLACE WOULD OBJECT. TOOKIE AND JOHN HORNBUCKLE Looking for a car that's sporty, fun and fits in your budget? g€;l::::!qJ€;lyi~'tlS onAQI,._AuJp$. 8/17/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Friday, August 15, 2008 2:36 PM Wells, Wayne FW: Legg Mason Sand Key Proposal -----Original Message----- From: Chris Evans [mailto:evans.chris01@comcast.net] Sent: Friday, August 15, 2008 2:32 PM To: Watkins, Sherry Subject: Fw: Legg Mason Sand Key Proposal From: Chris Evans [mailto:evans.chris01@comcast.net] Sent: Thu 8/14/2008 6:21 AM To: Gibson, Paul; Doran, John; Cretekos, George; Hibbard, Frank Subject: Legg Mason Sand Key Proposal This plan is ludicrous and I hope you recognize it as such. The proposed variances are far beyond reasonable constructing an unsightly edifice which is inconsistent with the architecture on Sand Key. Yes, the sight is currently zoned commercial but for a VERY SHORT building within city ordinances and in fitting with the surrounding area NEIGHBORHOOD. . I live at The Harbour South and can't help but wonder if the proposed boat/foot traffic meets safety codes and is wheelchair accessible. The volume of traffic is inconceivable considering the pathway next to our pool. PLEASE BE A RESPONSIBLE REPRESENTIVE OF THE CITIZENS AND NEIGHBORS OF SAND KEY AND VOTE "NO" TO LEGG MASON VARIANCE PROPOSALS. WE LIKE OUR NEIGHBORHOOD AS IT IS. IF I WANTED A TOURIST AREA I COULD HAVE BOUGHT ON CLEARWATER BEACH. Thank you, Maria Evans 1531 Gulf Blvd. #401 Sand Key 33767 1 Wells, Wayne From: Sent: To: rhodescollege@aol.com Friday, August 15, 2008 2:57 PM Wells, Wayne I support Legg Mason and their plans for the beach hotel. Tom Clary 1 August 11, 2008 Page 1 of3 Wells, Wayne From: Jim Strenski [strenski@jjconsulting.org] Sent: Sunday, August 17, 2008 3:24 PM To: Watkins, Sherry; Wells, Wayne Cc: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Petersen, Carlen Subject: SON Response to SK Residents FINAL (08 11 08) Re: Cabana Club Hotel Plans--- Please carefully consider the attached response to the 8/6 Martin Smith letter re: Legg Mason's hotel plans. This SON response addresses a variety of important points that deserve the attention of all CDB members, points not addressed by Legg Mason. May I also respectfully question Legg Mason's last minute postponment ofthe 8/19 CDB hearing to 9/l6/08? It wasn't for lack of a quorum... A nu mber of concerned citizens built their week around the August date. What's to prevent Legg Mason from asking for additional postponments to suit their needs? Don't citizen's needs dererve respect? Thanks for your time. James B. Strenski, #1205, 1200 Gulf Blvd. August 11, 2008 Dear Concerned Neighbors of Sand Key: Weare writing to you in response to a letter you may have received from Martin Smith, Managing Director of the Belleview Biltmore Resort. Legg Mason owns the Cabana Club Restaurant property and the Belleview Biltmore Resort. Save Our Neighborhood (SON) is assuming Mr. Smith is speaking on behalf of the owner and his employer, Legg Mason. Mr. Smith's letter is very disconcerting and we will do our best to address each issue that is raised and bring to light issues that are not addressed. Use of the Beach: Legg Mason intends to place canvas cabanas, plant grass and install pavers on 25' of beach property west of the Coastal Construction Control Line (CCCL). The purpose of the CCCL is to protect the beach and property and that is why it is regulated by the state. The cabanas would not be removed at night and only in case of storms. This part of the beach is habitat for sea turtle nests and sea oats. Relying on the legalese argument, Legg Mason is technically correct that this is not a "taking", but a "use" of the beach because it falls within Legg Mason's property lines. However, we fail to see the practical difference in terms of the effect on the beach. Historically, this is the narrowest part of the beach on the island. Presently, it measures 110' in comparison to the 900' width at the north end of the island. Parking: Legg Mason says that 56 parking spaces on the property exceed the City's code requirement of 38 spaces and the actual parking demand for a hotel of this size. They are correct that the Code requires one parking space per hotel room. What Legg Mason doesn't tell you is that its proposed restaurant is much larger than necessary to serve its hotel patrons. It is defining the restaurant as an "accessory" use and linking it to the Belleview Biltmore Hotel in Belleair to avoid providing parking for restaurant guests. An example of an accessory use restaurant would be "Rusty's" at the Sheraton on Sand Key where the number of hotel rooms exceeds the number of restaurant seats. Legg Mason's July 14th plans show restaurants with 165 seats, which is far more seats than necessary for a 38 room hotel. The restaurant will be open to guests from the 425 room Belleview Biltmore and the public. Applying the common sense test - where do 20-25 employees, the Cabana Club Hotel guests, the Belleview Biltmore Hotel guests, and the public who frequent the restaurant, park their vehicles? Legg Mason's answer is that it will shuttle its employees and the Belleview Biltmore guests, however, it is disingenuous to claim all employees, managers and hotel guests with vehicles, will use the shuttle. And where will the shuttle buses park? This is another example of Legg Mason's failure to act as a good neighbor. Our community will suffer the results of insufficient parking. 8/17/2008 August 11, 2008 Page 2 of3 Height: According to Legg Mason, the proposed hotel is NOT "100 feet tall" or a "lO-story high restaurant/hotel complex." Legg Mason says it is a "boutique" hotel that is only 67 feet high, or 6 stories over one story of parking). Again, Legg Mason is using the Code language to circumvent the answer to the question that the neighbors have been asking for months - How high will the building be? Practical people think of building height from the ground to the top of the roof. Simple math says 14 feet (parking) + 67 feet (building) + 10 feet (to top of roofline) = 91 feet give or take. Using Dan's Island on the south side of the property as a bench mark, the roof line falls somewhere between the ninth and tenth floor of that neighboring condominium building (90'-100'). Setbacks and Location of Building: It is impossible to build Legg Mason's proposed hotel/restaurant on this small site without numerous deviations from the City's Code. What is not mentioned in their letter is that the City's Code requires them to have a lot 200 feet wide in order to build a structure of the size proposed. In order to squeeze this oversized building onto this small site, Legg Mason is asking for a reduction of the lot width requirement to 88 feet. As a result they also have to ask for more deviations to the code in the form of "setbacks" for three out of four of the property lines: a. The Code requires that the parking lot pavement be setback 25 feet from Gulf Boulevard. They want that requirement reduced to 5 feet. b. On the north side of the building the Code requires them to be set back from their property line, zero to ten feet. They want that requirement reduced to Zero. c. On the west/Gulf side, they want to build the hotel building right up to the Coastal Construction Control Line. The Code requires them to build it back 20 feet. The bottom line is that there is nothing "boutique" or "modest" about this proposed hotel on this site. Dock: Legg Mason says it has deleted all references to the use of the dock on Gulf Boulevard from its pending application "due to the community input and concerns" and after evaluating its options will, once, again address this issue. What Legg Mason does not tell you is: 1) they made an offer to purchase an alternative piece of property on the same canal that has not been withdrawn; and 2) that eleven days after making this statement in their July resubmission of their application to the City, their attorney sent a letter to the Condominium property to which the dock at issue abuts threatening to move forward with an application for the permits and to begin using the dock. Thus, their public statements that they are not pursuing use of the dock at this time is disingenuous. There appears to be no reason to believe that Legg Mason has abandoned an earlier stated intention of ferrying its guests from its 425 hotel rooms at the Belleview Biltmore Resort down a canal that is exclusively residential with private marinas and manatees enjoying a habitat that sustains them. Adverse Financial Impact on Neighborhood: What we fail to see in Legg Mason's letter is any reference to the significant financial harm that will be caused to the home value of over 100 families who live in the residential properties that surround this less than one acre piece of commercial property should this hotel/restaurant be constructed as planned. Concerns of the Community: In addition to the contrary positions Legg Mason has taken publicly and privately regarding its consideration of the "community concerns" on the dock issue, Legg Mason denied a request by SON for a public meeting in July on Sand Key, or even in Clearwater, to allow Legg Mason's final building plans to be presented and reviewed with Sand Key residents. Instead, Legg Mason held the meeting at the Belleview Biltmore Resort where the majority of attendees were not Sand Key residents, and attendance was small. Take It Or Leave It: Legg Mason conducted two public presentations on Sand Key in February and March before the plans were final in July. At both meetings, residents asked ifLegg Mason would consider another redevelopment plan, but that was summarily dismissed with the attitude of "take it or leave it." If Legg Mason had been a good neighbor and engaged the community in a true dialogue, they would have learned that the community welcomes redevelopment of this site within the City's Code and without deviations. Ideas such as a 4- 5 star restaurant, private beach club, smaller hotel,. spa, or, beach villas have been made. Legg Mason's letter implies that if you do not accept their proposed hotel, your only option is a gas station, liquor store, nightclub or a used car lot. Again, this is another disingenuous response as such uses would be economically unrealistic considering the site is valuable beach front property. 8/17/2008 August 11, 2008 Page 3 of3 SON supports the redevelopment of this site within the parameters of the City's Code, but, without the need for deviations and for our community to be engaged in an open and honest dialogue that does not hide the real intentions of the developer. We hope this response has been informative and helpful. Sincerely, Cynthia L. Remley on behalf of SAVE OUR NEIGHBORHOOD 8/17/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:59 AM To: Wells, Wayne Subject: FW: Case #: FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: Wanda Marzouk [mailto:wandamarzouk@yahoo.com] Sent: Thursday, August 14, 2008 1:10 AM To: Watkins, Sherry Subject: Case #: FLD2008-02002 (1590 Gulf Blvd.) We are home owners in Ultimar 3 (1560 Gulf Blvd.) and our unit overlooks the Cabana Club. We strongly object to the approval of any variances to change the use ofthe mentioned property. Any change would have a negative impact on our property values and drastically obstruct our views. Such use would bring noise and more traffic. Also, increase the parking problem, as it is now, our guests have to park across the street in the town park. We ask that the City Council reconsider these variances and zoning changes. Respectfully , Youssef and Wanda Marzouk 8/14/2008 Page 1 of1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:59 AM To: Wells, Wayne Subject: FW: Case #FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: lorrainemwasserman@comcast.net [mailto: lorrainemwasserman@comcast.net] Sent: Wednesday, August 13, 2008 11:05 PM To: Hibbard, Frank Cc: Watkins, Sherry Subject: Case #FLD2008-02002 (1590 Gulf Blvd.) Dear Mr. Hibbard, I am writing this letter with hopes some one can do something about our gorgeous view that may me ruined for pure profit. We have lived at Dan's Island for 17 years, and would love to continue living there, if we have the view we paid for. We don't want another Miami at Sand Key Beach, we do not need buildings sky high. We have a perfect little beach, and we all want to keep it that way. The parking will be a problem, we don't need hundreds of people using it as a public beach, and that's what will happen. We are pleading that this ridiculous request/project is stopped immediately. Thank you. Sincerely, Lorraine M & Don Wasserman PH3 8/1412008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:58 AM To: Wells, Wayne Subject: FW: Legg Mason Project: 1590 Gulf Blvd. -----Original Message----- From: RTARSIN@aol.com [mailto:RTARSIN@aol.com] Sent: Wednesday, August 13, 2008 8:40 PM To: Watkins, Sherry Cc: Frank.Hibbard@my.Clearwater.com; Gibson, Paul; Cretekos, George Subject: Legg Mason Project: 1590 Gulf Blvd. Mr. Mayor, Members of the City Council and Community Development Board, I have read the warnings posted by S.O.N., as well as the Letter to the Editor of the Clearwater Gazette written by Martin Smith of the Belleview Biltmore, and the rebuttal by S.O.N. I have to agree with the latter, because I have heard Mr. Smith and Legg Mason's attorneys speak on at least three occasions, and the story is never the same. On one occasion, they described a small, fashionable "Boutique Hotel", and at the next meeting, Mr Smith stated: "If we are to compete with international tourist destinations like Dubai"..A big stretch from a tiny little boutique hotel and restaurant. He also promised vast riches from such enterprises which would be of great benefit to our children and their education. I was reminded of the biblical story about Christ: after fasting forty days in the desert he was approached by SATAN, who promised Him a huge banquet and unimaginable riches if only...... I don't want my home turned into Dubai, a point I made at that meeting. I don't want my neighborhood turned into an international tourist designation, nor do I want the gambling, prostitution, conspicuous consumption, and excesses that go along with it. I don't want palm tree shaped islands in the Gulf. I, as well as all Sand Key residents, depend on you to enforce the existing code and not let developers turn our homes into whatever can make them the most money. Minor variances to make an improvement are acceptable, but do not allow them to rewrite the code to steal our beach, our waterways, and our way of life. Bob and Anne Tarsin 1200 Gulf Blvd. Looking for a car that's sporty, fun and fits in your budget?8!;!C?QI!;!yi!;!VY~LQni\OI"AuJQl:? 8/14/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Thursday, August 14,20087:58 AM Wells, Wayne FW: Case #: FLD2008-02002 ( 1590 Gulf Blvd. ) -----Original Message----- From: Yong Sun [mailto:y_sun@yahoo.com] Sent: Wednesday, August 13, 2008 8:26 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: re: Case #: FLD2008-02002 ( 1590 Gulf Blvd. ) Hi Everyone, I appreciat if you can have a look of my concern about the new Legg Mason's hotel. The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential. Thanks, Yong Sun 1 Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:58 AM To: Wells, Wayne Subject: FW: Cabana Club Hotel -----Original Message----- From: JanBchNews@aol.com [mailto:JanBchNews@aol.com] Sent: Wednesday, August 13, 2008 7:22 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Cc: Cynthia@ProRemLaw.com; Jofarnham@yahoo.com Subject: Cabana Club Hotel Counci{ :Jvtem6ers: I liave 6een a resident of Sana1.(ey since 1991 residing in (])an's IsCana tliat is tlie neigli60ring 6uififing to tlie proposea new Ca6ana C{u6 liote[ }Is tlie current structure lias 6een an on-going source of controversy aue to its continuea aeterioratea comfition, it woufi{ 6e a wefcome cliange to liave tlie property improvea witli upscafe renovations. J{owever, tlie proposea 6uififing aoes not conform to tlie 6uififing envefape in any aspect. CBuififing codes, reguCations, set6ac/&, etc. are an integra{ part of a community's aesign to maintain continuity ana assure neigli60rs's riglits are not infringea upon or su6jectea to aeva{uation.}I governing 60ay sucli as yoursefves is efectea to oversee tliat tliese reguCations are aalierea to ana any aeviations are in tlie 6est interests of a{L......... not a cliosen few. In your :Notice to tlie CFu6fic of tlie upcoming liearing appfication, it is pointea out tliat tlie required 6uififing fat size (6y coae) requires a 200ft. wide fat. granting a variance to construct tliis structure wlien onfy 88 ft. is avaiCa6fe is preposterous. %is is not a variance, tliis is a tota{ aisregara for tlie Caws, reguCations anti wliat is appropriate for tlie site anti tlie community as a wliofe. }I 6uififing of tliis magnituae woufi{ certainfy 6e intrusive to tlie neigli60ring fats. Of course, insu{t is aatfea to injury to furtlier tlie request to eJ(ceed 3 times tlie lieiglit restriction anti requesting zero set6ac/& from property fines. Variances are usua{fy considerea in liartfsliip cases or wliere a few feet are neeaea to compfete tlie aesign. %is is not a liarasliip case - it is an ''1 want" scenario so I can ao 'rEig CBanner" aavertising on we6 sites, travef 6rocliures, etc. %s, as pointea out a60ve, an improveajrenovatea, 6eacli du6 restaurant woufi{ 6e wefcomea. (]3ut, tliis fat does not accommoaate tlie proposea pCan. P.ven more so, appropriate parRjngfor a 125 seat restaurant p{us a 40+ seat outside 6ar ana Brier in aadition to tlie 38 room liotef is non-e:tistent. One of tlie reasons, tlie e:tisting Ca6ana C{u6 CR.!staurant was never successfu{ was aue to tlie parRjng pr06fem. :Now you '{{ nave residents a{{ afang gulf CB{va (6eyonti Sana 1(fty) ana liotef patrons from tlie 425 room (]3effeair (]3effeview (]3iUmore coming to tlie facation witli trufy inaaequate parRjng. Pretty soon, a stop 8/1412008 Page 2 of2 light wi{{ neea to 6e insta{fea to contro{ the flow of traffic. )fIfowing construction up to ana 6eyona the seawa{{ can ha'Ve serious impact on the integrity of the seawa{{ as wer{ as inteifere in any future neeaea reinforcements ana/or repairs. 71iis wi{{ affect neigh60ring properties shouU the seawa{{ 6ecome compromisea at any time. 71ie insta{fation of ca6anas on the 6each shouU 6e a{fowea for e'Veryone ana e'Very compfe:( if this is to 6e considerea. J{owe'Ver, the request to insta{{ pa'Vers ana can'Vas ca6anas on 25' of 6each property west of the Coasta{ Construction Contro{ Line not onEy inteiferes with the sea turtfe ha6itat ana sea oats, it is in opposition to PE9rt;I guidelines ana the requirements to qua{ify for our 6each renourishment project. ShouU this application 6e appro'Vea, it wi{{ aemonstrate the City of Cfearwater ana its counci{ mem6ers ao not represent its citizens or ha'Ve any respect for our coaes or regufations. ryou are in office to represent the 6est interest of the taJ(payers ana our neig h60rhooas. P or my neig h60rs in Van's I sfana ana Sana 7.(ey ali~, I urge you to 6e rea{istic of what is appropriate ana in the interest of a{C Jan 9rt. :Newsome Van's Isfana #813 1600 qulf (8 {'Va. Cfearwater, PL 33767 727-596-1108 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/14/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:57 AM To: Wells, Wayne Subject: FW: Opposition to Legg Mason Proposal Ref Cabana Club Property Case #:FLD2008-02002 -----Original Message----- From: 9 collins (mailto:gfcollins@att.net] Sent: Wednesday, August 13, 20087:06 PM To: Cretekos, George; Doran, John; Gibson, Paul; Hibbard, Frank; Petersen, Carlen Cc: Watkins, Sherry Subject: Opposition to Legg Mason Proposal Ref Cabana Club Property Case #:FLD2008-02002 Mr Mayor and Members of the City Council, Members of the Community Development Board, et al - Once again the residents of the community of Sand Key have been called into action, and once again we stand united in opposition to what is being proposed by Legg Mason at the current site of the Cabana Club. While I don't need to regurgitate all the facts in this case, suffice it to say that what Legg Mason is proposing is akin to trying to force a very large square peg into a rather small, round hole. They can push, and shove, and use their mighty corporate machine to grease the facts, but it is what it is and it just doesn't fit! It doesn't fit the character, it doesn't fit the space, and it certainly doesn't fit the code. Legg Mason cannot be allowed to have it their way to the irreversible detriment - personal and financial - of the thousands of people who call Sand Key home. You cannot allow them to do that to this community and the surrounding environment! Please continue to hear the united voice of the residents of Sand Key and send Legg Mason back to the drawing board to come up with a more suitable, more community-friendly, code compliant development plan for this property. Thank you for your time! John Collins 1200 Gulf Blvd 8/1412008 Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 8:00 AM To: Wells, Wayne Subject: FW: Case #:FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: Wanda Marzouk (mailto:wandamarzouk@yahoo.com] Sent: Thursday, August 14, 2008 1:40 AM To: Watkins, Sherry Subject: Fw: Case #:FLD2008-02002 (1590 Gulf Blvd.) --- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk@yahoo.com> Subject: Fw: Case #:FLD2008-02002 (1590 Gulf Blvd.) To: Carlen.Petersen@myclearwater.com Date: Thursday, August 14,2008, 1 :38 AM --- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com>wrote: From: Wanda Marzouk <wandamarzouk@yahoo.com> Subject: Fw: Case #:FLD2008-02002 (1590 Gulf Blvd.) To: George.Cretekos@myclearwater.com Date: Thursday, August 14,2008, 1:38 AM --- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk@yahoo.com> Subject: Fw: Case #:FLD2008-02002 (1590 Gulf Blvd.) To: John.Doran@myclearwater.com Date: Thursday, August 14,2008, 1 :36 AM --- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk@yahoo.com> Subject: Fw: Case #:FLD2008-02002 (1590 Gulf Blvd.) To: Pau1.Gibson@myclearwater.com Date: Thursday, August 14,2008, 1:35 AM 8/14/2008 Page 2 of2 --- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk@yahoo.com> Subject: Case #:FLD2008-02002 (1590 Gulf Blvd.) To: Frank.Hibbard@myc1earwater.com Date: Thursday, August 14,2008, 1 :32 AM We are home owners in Ultimar 3 (1560 Gulf Blvd) and our unit overlooks the Cabana Club. We strongly object to the approval of any variances to change the use ofthe mentioned property. Any change would have a negative impact on our property values and drastically obstruct our views. Such use would bring noise and more traffic, which Gulf Boulevard is not able to accommodate. It would also increase our parking problem, as it is now, our guests have to park across the street in the town park. We ask the City Council to please reconsider the requested variances and zoning changes requested by Legg Mason. Respectfully Youssef and Wanda Marzouk 8/14/2008 Wells. Wayne Page 1 of 1 From: jrwarmington@comcast.net Sent: Wednesday, August 13, 2008 9:44 PM To: Wells, Wayne We look forward to the planned improvements to the Cabana Cub on Clearwater Beach. The improvements sound great. They will add a lot to the area. John and Roma Warmington 8/14/2008 Page 1 of 1 Wells, Wayne From: Ruth Durovey [rdurovey@zoominternet.net] Sent: Wednesday, August 13, 20089:03 PM To: Wells, Wayne Subject: Cabana Club Improvements Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Ruth Durovey 8/1412008 Page 1 of 1 Wells, Wayne From: Charles Korpal [chasharonatplay@webtv.net] Sent: Wednesday, August 13, 2008 8:13 PM To: Wells, Wayne Subject: cabana club improvements Just tom let you know, the proposed iprovements to the Cabana Club on Clearwater Beach sound great. We look forward to them very much as thy wll add to the Club and the entire area. Charlie and Sharon Korpal 8/14/2008 Page 1 of 1 Wells, Wayne From: LBR101@aol.com Sent: Thursday, August 14, 2008 7:13 AM To: Wells, Wayne Subject: Cabana Club Improvements We look forward to the planned improvements to the Cabana Club on Sand Key, Clearwater. The improvements will enhance that existing location. Elaine Crawford and Larry Robillard Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/1412008 Page 1 of 1 Wells, Wayne From: Robert Borda [rdborda@att.net] Sent: Wednesday, August 13, 200810:49 AM To: Wells, Wayne Subject: CABANA CLUB ON SAND KEY CHUCK EADE, MY HUSBAND AND I ARE IN AGREEMENT WITH THIS PROJECT. WE WILL SUPPORT YOU IN ANY WAY POSSIBLE. WE ARE EAGER TO SEE THE PLANS GO FORWARD. SINCERELY, DONNA AND ROBERT BORDA 8/13/2008 Page 1 of 1 Wells, Wayne From: Veronica Downen [sandkeyveronica@yahoo.com] Sent: Wednesday, August 13, 2008 10:24 AM To: Wells, Wayne Subject: Cabana Club on Sand Key Mr. Wells, Due to the misinformation being dispersed by some of our local residents, I want you to know that there are many, many residents who support this construction project. I live at Dan's Island and overlook the area where the new hotel would be built. The plans speak for themselves as to the wonderful addition this project would bring to Sand Key and to the residents next door. WE ARE THRILLED TO HAVE SUCH AN UPGRADE. Thank you for your careful consideration on the positive impact a five star hotel and restaurant would bring to Sand Key. Veronica Downen Emmons 1600 Gulf Blvd., #1014 Sand Key 8/1312008 Page 1 of 1 Wells, Wayne From: Cyndi Storm [CStorm@qfbLnet] Sent: Wednesday, August 13, 2008 10:22 AM To: Wayne.Wells@myclearwater.com. Subject: Cabana Club on Clearwater Beach Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Thank you Cynthia S. Storm Vice President Manufacturing and Operations cstorm@qfbLnet 317 West Front Street Monroe, MI 48161 734-240-0812 ext 406 734-240-2594 8/1312008 Page 1 of 1 Wells, Wayne From: Momor004@aol.com Sent: Wednesday, August 13, 2008 10:16 AM To: Wells, Wayne Subject: Cabana Club The Cabana is a nice place, and sounds like it will be even nicer, we like going there, and enjoying the food, great view and beach. Seems hard to believe you are having trouble getting permits for such great improvements. M. Moorman Looking for a car that's sporty, fun and fits in your budget? Be~9_I~yi~W$QD AOL AyJQ$. 8/1312008 Page 1 of 1 Wells, Wayne From: Downtowndanny1@aol.com Sent: Wednesday, August 13, 200810:10 AM To: Wells, Wayne Subject: Re: Cabana The Cabana is a nice place, and sounds like it will be even nicer, we like dining there, and enjoying the great view. Hope you can start the changes soon. D. D'Amour Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Page 1 of 1 Wells, Wayne From: NISK104@aol.com Sent: Wednesday, August 13, 200810:03 AM To: Wells, Wayne Subject: Cabana Club I think the improvements to the Cabana Club sound great. Hope you can start working on the project soon. N. Swanson Looking for a car that's sporty, fun and fits in your budget? RE;!_~:tgJE;!_yi~JIY~L9_n AQL A!JtQ~. 8/13/2008 Salvatore and Estela Valenziano 1581 Gulf Boulevard, # 401 Clearwater, FL 33767 ORIGINAL QECEIVEO AUG 1 3 200a August 11, 2008 PLANNING DEPARTMENT CITY OF CLEARWATER Wayne Wells Planning Department P. O. Box 4748 Clearwater, FL 33758-4748 Re: Case # FLD2008-02002 Dear Mr. Wells: As home owners in the Harbour Condominiums on Sand Key, we are opposed to the Legg Mason hotel proposal at 1590 Gulf Blvd. This is our neighborhood, not a tourist area like Clearwater Beach. I am sure you would not want a hotel built in your neighborhood just as we do not want a hotel in our neighborhood. It is the responsibility of Clearwater government to represent the best interests of the majority of property owners in this matter, rather than the special interest of a developer. Sincerely, c~1J~ Salvatore and Estela Valenziano ~J~..U~O-O ORIGINAL RECEIVED AUG 13 2008 Wayne Wells Planning Dept. P.O. Box 4748 Clearwater, FL 33758-4748 8/12/08 /lAI'JNING OEPARTMENT elN OF CLEARWATER RE: FLD2008-02002 1590 Gulf Blvd. Cabana Tower As Sand Key property owners and residents we adamantly oppose any variances, conveyances or concessions to the written building codes being given to Legg Mason in the development of their property on Sand Key. It would appear that the current plan ignores many restrictions and code requirements (disregard for the CCCL, height limitations, parking requirements and setbacks). It is your responsibility to recognize that codes exist for a reason, which is the protection and benefit of all. Our community has it's own quiet culture and it would seem this development would be more in character with Clearwater Beach not Sand Key. The project as designed is simply too large for the parcel of property as governed by codes. We as citizens and property owners are owed the rights and respect to live in and enjoy our neighborhood and residence under the conditions in which we became property owners. We also recognize the rights Legg Mason has as property owners and encourage them to move forward with their development so long as the plans meet the current codes and building limitations as written. Please just do the right thing and insist that any development meet the codes and requirements as written. Sincerely, Linda, Tom, Andy and Sarah Holt 1560 Gulf Blvd. #1707 Clearwater, FL 33767 Giuseppe Schittino 1581 Gulf Boulevard, # 403 Clearwater, FL 33767 ORIGiNAl RECEIVED AUG 12~ 2008 PLANNING DEPARTMENT CllY OF CLEARWATER August 11, 2008 Wayne Wells Planning Department P. O. Box 4748 Clearwater, FL 33758-4748 Re: Case # FLD2008-02002 Dear Mr. Wells: As a home owner in the Harbour Condominiums on Sand Key, I am opposed to the Legg Mason hotel proposal at 1590 Gulf Blvd. This is my neighborhood, not a tourist area like Clearwater Beach. I am sure you would not want a hotel built in your neighborhood just as I do not want a hotel in my neighborhood. It is the responsibility of Clearwater government to represent the best interests of the majority of property owners in this matter, rather than the special interest of a developer. Sincerely, ?fIiffiDO Page 1 of 1 Wells, Wayne From: phyllis neidhardt [paneidhardt034@hotmail.com] Sent: Wednesday, August 13, 2008 11 :41 AM To: Wells, Wayne Subject: FW: Cabana Club Improvements Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Phyllis Neidhardt 8/13/2008 Page 1 of 1 Wells, Wayne From: Nazjac@aol.com Sent: Wednesday, August 13, 2008 11 :36 AM To: Wells, Wayne Cc: msmith@belleviewbiltmore.com; GRAlmar@Verizon.net Subject: Cabana Grill Improvements Dear Mr. Wells, I am a resident of Belleair Bluffs and I frequently use the facilities of the present Cabana Grill on Sand Key. I was somewhat concerned when I heard that the Grill was to be torn down and rebuilt as a hotel and restaurant because I felt that it was in danger of losing the character and charm it had attained as a quaint, old Clearwater Beach gathering place. I enjoyed taking my visitors there on special occasions, and to a one, they always sang the praises of the restaurant as "a great place to go, on the beach". After reading the letter of August 6th, sent to residents of Sand Key from Martin Smith of the Belleview Biltmore Resort, I am relieved to know that the plans for the renovation will, in many ways, retain the charm of the "old" grill and in other ways, add to the attractiveness and allure of the restaurant and boutique hotel planned for the site. My family and I are looking forward to the completion of the project and plan to visit the restaurant as soon as it is open. Sincerely, John H. Nazario 100 Bluff View Drive, Unit C 210 Belleair Bluffs, FL 33770-1353 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Legg Mason Case # FLD2008-02002(1590 Gulf Blvd) - Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 13, 2008 12:35 PM To: Wells, Wayne Subject: FW: Legg Mason Case # FLD2008-02002(1590 Gulf Blvd) - -----Original Message----- From: Lillian Johnson [mailto:lillian.johnson@ravensun.com] Sent: Wednesday, August 13, 2008 12: 11 PM To: Hibbard, Frank; Petersen, Carlen; Doran, John; Gibson, Paul; Cretekos, George; Watkins, Sherry Cc: Cynthia@ProRemLaw.com Subject: Legg Mason Case # FLD2008-02002(1590 Gulf Blvd) - Dear Council Members, Before you is an opportunity to set a new trend in governing. Turn away from environmentally destructive building practices of the past, to the future - protecting what few resources we have left - those that have made Clearwater a truly unique place by the sea.... unlike other "Cement Jungles" most people try to escape from. More high rise structures that waste precious water and energy is not what we need. More boats that pollute the air we breath, the sea that sustains us, and maim and kill sea life is not what we need. It was a staple of elegant affluence at one time, but now is a staple of opulent waste. As I look at the empty condos and hotel rooms (with constant running air conditioning), I just wonder what kind of profit Legg Mason thinks they will get. Without ample parking, not much repeat business I'd guess. Modifying the building restrictions is no answer either. It sets a dangerous precedence for the future. We may not be as lucky to have a council that actually listens to the people, in the years to come, and this appears to be opening the door for unbridled development. I have the greatest respect and admiration for what Mason did with the Biltmore. Saving a National Historic Treasure is no small task. We, as a community, owe them a debt of gratitude. In so doing, might we suggest to Legg Mason that they modify their building plans to something more in line with the natural landscape - like a "real Florida" theme - even junglish in nature. Small, quaint, lots of lush Florida (low maintenance) vegetation everywhere. Something unique that people will want to visit - and pay more for. Is it better they have 150 half empty rooms, or 50 always full ones? Given Mason's noble and creative track record, I'm sure they can come up with something truly different, within planning guidelines, and that will make them more money then the current proposal. More and more architectural plans are now taking the environment into consideration. And since this environment is the primary reason for Clearwater's success, shouldn't we? Thank you for listening, It is really appreciated. Lillian Johnson, Clearwater Beach resident 8/13/2008 Page 1 of 1 Wells, Wayne From: Nulmage727@aol.com Sent: Wednesday, August 13, 2008 1 :09 PM To: Wells, Wayne Subject: (no subject) Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Have been going to the Cabana Club for 10 years. Vicki & Glenn Hanson Looking for a car that's sporty, fun and fits in your budget? B~95;treview~on AOj,,)~,utos. 8/13/2008 Page 1 of 1 Wells, Wayne From: bbandsb306@comcast.net Sent: Wednesday, August 13, 2008 3:20 PM To: Wells, Wayne Subject: re: Cabana Club Permits Just so you know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. It is owned by our association and the plans we have seen can only improve the Cabana Club as well as the area. The improvements will also add a couple of great restaurants which the area needs. Please approve the permits so this project can move forward. Thank you. Bill and Shirley Barnhart 8/13/2008 Page 1 of 1 Wells, Wayne From: bbandsb306@comcast.net Sent: Wednesday, August 13, 20084:49 PM To: Wells, Wayne Subject: Cabana Club Improvements Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Shirley and Bill Barnhart Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Page 1 of 1 Wells, Wayne From: Sandy Auge [sandyauge@gmail.com] Sent: Wednesday, August 13, 2008 3:48 PM To: Wells, Wayne Subject: Cabana Club Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Sandy and Larry Auge 8/13/2008 Page 1 of2 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 13, 2008 3:46 PM To: Wells, Wayne Subject: FW: Subject: Legg Mason's Proposed Cabana Club Hotel (re: Case #: FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: Doran, John Sent: Wednesday, August 13, 2008 3:42 PM To: 'kaip1621' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Subject: Legg Mason's Proposed Cabana Club Hotel (re: Case #: FLD2008-02002 (1590 Gulf Blvd.) Mr. Kaip: Thank you for your comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council. To date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I have copied your email to Sherry Watkins in the Planning Department; she will makeitavailabletotheCDB,as is most appropriate. There will an opportunity for personal public input at the COB meeting on August 19, at which time you can address the COB on this matter, in person, should you choose. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. -----Original Message----- From: kaip1621 [mailto:kaip1621@netzero.net] Sent: Wednesday, August 13, 2008 3:38 PM To: Doran, John Subject: Fw: Subject: Legg Mason's Proposed Cabana Club Hotel (re: Case #: FLD2008-02002 (1590 Gulf Blvd.) My Concerns are listed below. Subject: Legg Mason's Proposed Cabana Club Hotel Legg Mason's application to build the 10-story high hotel at the Cabana Club Restaurant site. . The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. 8/13/2008 Page 2 of2 . The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. . There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. . Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. . Operating a ferry boat for guests from over 450 hotel rooms on a canal ~here all of the properties are residential. re: Case #: FLD2008-02002 (1590 Gulf Blvd.) to: Respectfully Submitted, Peter Kaip 1621 Gluf Blvd. Apt 601 Clearwater, Florida 33767 No virus found in this outgoing message. Checked by A VG. Version: 7.5.524/ Virus Database: 270.5.12/1595 - Release Date: 8/6/2008 8:23 AM CliGK h~[~JQfindMediG~JlnmsITiptiQnTraininK.lliQgram~ 8/1312008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 13, 2008 3:46 PM To: Wells, Wayne Subject: FW: Legg Mason's application to build a 10-story high hotel at the Cabana Club Restaurant site -----Original Message----- From: grczeis@aol.com [mailto:grczeis@aol.com] Sent: Wednesday, August 13, 2008 3:14 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Legg Mason's application to build a 10-story high hotel at the Cabana Club Restaurant site Dear Clearwater Mayor, City Council and Clearwater Community Development Board, Weare writing to you because we are Clearwater Sand Key property owners and want to express our concerns about the Legg MasonlBelleview Biltmore Hotel plans for the Cabana Club Restaurant property. Our first concern is about the parking situation. There currently is not enough parking for the Cabana Club residents. During the months when all ofthe owners are in residence we have a difficult time finding a parking place for own use, or our guests. The addition of the proposed hotel with only 8 new parking spaces will compound the problem, and even make it worse. Our second concern is about the use ofthe beach for cabanas. What about the sea turtle habitat? Did all of the taxpayers pay to have this beach restored for Legg Mason and the Belleview Biltmore? They may say that the beach is only being used, but in all practicality it is being taken away. The cabanas will at the very least, damage the turtle habitat, and will be for the use of the hotel guests. And lastly, the proposed building is too big for the lot. Thank you for your consideration of our concerns. Sincerely, George and Madonna Czeiszperger Owners1582 Cabana Club, Unit #1408 It's time to go back to school! Get the latest trends and gadgets that make the grade on AOL SOQQPing. 8/1312008 Page 1 of 1 Wells, Wayne From: Sandy [dbarnes6@tampabay.rr.com] Sent: Wednesday, August 13, 2008 6:45 PM To: Wells, Wayne Subject: Cabana Club on Sand Key Importance: High Mr. Wells, My husband and I have been Sand Key residents since 1997 - full time residents I might add and we would like to voice our opinion on the Cabana Club redevelopment project. We are not alone in saying that this redevelopment project is a good thing for Sand Key. The project is only going to beautify that section of Sand Key. We were very happy when the current Cabana Club opened to have a place very close to go to and have dinner, listen to music in a beautiful atmosphere and meet our friends and neighbors. We have been going to the Cabana Club since it has opened at we would miss is terribly if it were gone. We live 6 buildings down from Cabana however even if we lived next door we would feel the same way. Everyone is crying about taxes well I cannot see the redevelopment of the Cabana Club helping the tax base on Sand Key. The plans look beautiful and should not be stopped. We receive mail from one organization asking for money for attorney fees to fight this redevelopment and the mail goes directly in the garbage and I will tell you if we receive one more letter they will definitely receive a response from us and it will not be nice! In addition we have seen an aerial view of Sand Key in 1965 and guess who was the first here? Cabana Club! I think you should think very hard about your decision regarding this redevelopment and allow this to proceed! Sandra & Donald Barnes 1460 Gulf Blvd Unit 202 Clearwater, FL 33767 (727) 596-9786 8/13/2008 Page 1 of 1 Wells, Wayne From: HawnWahine@aol.com Sent: Wednesday, August 13, 2008 7:08 PM To: Wells, Wayne Subject: Legg Mason's application for variances Dear Mr. Wells: I will be unable to attend the meeting on August 19th as I will be at work. However, I do want you to know that J am against Legg Mason's application for variances. As an owner in the Cabana Club, J bought here because it was a residential community, quiet and relatively private. I was not informed, at any time, of the plans with the current Cabana Club restaurant. Had I known what was to come, I would never have moved here. I am not against developing the current site to code standards; I am against all of the variances that Legg Mason is seeking. What is the point of having a building code if it is not followed? I can already anticipate the crowds that will be coming, the traffic and parking problems as well as the litter on the beach. As it is, the beach is crowded on holidays, the parking is bad and there is a lot of trash left on the beach. J will attach pictures showing you the current situation, never mind a 10-story hotel as well. If they are allowed to take part of the public beach, that would set a precedent that would be hard to stop. In building a sea wall, the adjacent buildings would be affected during any surge of water. In protecting the hotel, the water would all go to the sides of the sea wall, eroding the beach in front of the Cabana Club and Dan's Island. As J mentioned before, parking is already a problem. By reducing the number of parking spaces to support the proposed complex, there will be chaos. The driveway and street traffic will also be affected. I am also against eliminating or reducing the set backs. Why would I want a hotel to be even closer to my condo when I don't even want one? Please consider the current owners' dilemma and support us by not approving the variances that Legg Mason is asking for. Thank you for your time and consideration in this matter. Sincerely yours, Ellen F. Walton 1586 Gulf Blvd., #2403 Clearwater, FL 33767 (949) 378-4509 Looking for a car that's sporty, fun and fits in your budget? R~ad-Leview~_QnAQ1.,8lJtQ~_. 8/13/2008 'l <<"'~/:;:JI?J 'l;7:?;;h)'f7;( ;rT' "A i (,,- , ~ "/i .. I 17~J;(~' 7IF1'{(> / /, 'b11f??7dJ 707"' / /~_? Ch' 77 :>;c)(tA Prr 1r7~ 7j7;:if>.Nf?' ;77/7 InJi:r/' ",r?T<r'/ l?t/ 7Y~v{)/?/.v 1"'''7~:?/ _y=- y;yH ;?P"7T /?/.',t- J:!/' .:.:/70Z//;:>" ,/2~-'/.;Z , .7 .." /' /./ " /7/1 ( 7#7 <7'7 7'8df"7r:;?,//??r-"r' /7-?:?";lX t'i . /,</~77/h~?fZI/?-C,,~;) ;;~'.. \. / ."'7,. :71-t:1.}/7< ;r- . .. ' '/)0' .,' jt"- ~_>r?7'7{: "P'7,L'~' f'P'~ <;?/?>'?? /-;:'77>'f( '?ry~ ~-?;Z7'~ ~p7;?? ~rP)?;l :L:'7T'7f/ ~/f.F< t "t?J';1'-? f'H?7'T~n1{Il;;/ '~ , '-" t.r~ Id ~ 'Y MJ''4Q-f) 'rl'\0 -i\l'9 o <1 it 1 L () t .+lrI c/7'tJ -'2/-< tv!- 2zj /Y." '<!<Ph --f'v. - .7I:r2.ry{-rf>)/~ /(Yz//;/ //'::, T '~".~' 1-" ' h' / 7 ~ "r.' :-r-'./ r7;?;J/) I /r,?'//fi'Y ./ .. ,,_ .... /X I' I ' :;'?:?:~ 7;;rJ{ /T'?~'lt<'/1;/Y-::Y"/17p/:/ vi' , p //", '" . / ",,<-, ;/'/ 'f;~7A,/// / .:.- ~ _ " /_T_~'//// 27/<77/. .7..'/.,ZA'?~? -y ~,i'r ~.. /->7-.7-= ,-' ' , ..' ./ ., ,7 ' ,,/ '??', .// '.'" ,,/ // ,;:."" /?7? ',1 , ' " /I (, .7 // ,,/,"7, _;7/"?'-r-bM7""p ?j/?~, lip '~/F?(T :'/T 4?;:J7 7/ ';7;7 P.c7:V?--,:,:z.,7, y-b777'//') /p-;77,;r;?,.-7. '. '. '" ',..,../" 44' ' / .. _ /' ~ / /_ -2-;7:72.-,7? t/--> ~~. ~..7'-7'/..::7--?:;> 7'?/.,7.h -1;-;;, V7-J7f/:(-~; '11ii ' :7" ~/\ /Ii '-'--- CC!' s: ~",! ~ ~ ~ I ...." l:~Sn<)<<I/?7/l (!) w 'oo::t' t) '{;f7r~ .. // - _ ..... {C ;7.7// ~~p Ct: 0 (.I) . / ,j2~/ -?:/--, > -?J1:7~ .-)'-/ o it! ~;I O. ,,' / ;/', - ,/---'7lJb--.i, z ~./ h7?:J ~ ~. / ~ r-~ ~~;JJ ,;77<;-/273;17 Ii! WVp.~ ~fl/-Y>>"'~?>=- ~ f'. 7C' v ,//} 7::ZP?nJ~./Z;U/1.77 / V 8 ;J,:TY r 6 -7p/J'v Lawrence E. Hite 2700 6ulf Boulevard, # 1 E Belleair Beach, Fl33786-3531 Voice (727) 596-0058 [-mail: larrvhite@Verizon.net :t7 Qi ~ iiil: )> ~~ a:5 ~~ fJ fi'> i-' O- 'I.~ ~~ ~ .Q:I .... EI~ ...., August 11,2008 Mr. Wayne Wells Planning Coordinator City Hall, 3rd Floor 112 South Osceola Avenue Clearwater, FL 33756 RE: Cabana Grill on Sand Key Dear Mr. Wells: My residence is but a short walk from Cabana Grill where friends and family gather for dinner. The food is excellent and the view of a sunset over the gulf from the dining room adds to the atmosphere. T find it disconcerting that the proposed replacement of the eXlstmg building that meets the requirements of the city code is facing opposition. Might those in opposition consider the replacement structure will enhance the area. The new structure should increase tax income to include real property, personal property and tourism. The merchants in the area should benefit with additional sales. I do not envision any additional traffic on Gulf Boulevard caused by a hotel located at Cabana Grill. We are asked from time to time if there is a hotel near by. To be fair the Belleair Resort Motel is to our south and Marriott and Sheraton hotels at the upper end of Sand Key. These do not satisfy the need for accommodations in between. Please allow the developers to proceed with improvements to Sand Key. Very truly yours, <t! s:=: fd .(} Lawrence E. Hite /YVi.. :d-~U!:/ .kt~e€-f/) /"' Ll...-L(.? ~~.t:.,j,I' 9 ~ f , /)/) 'p" r .-r (;t./rt--7'U""Y'l? AX. ~/t~ <.., c. A... ~;.e:) ~/ ORIGINAL RECEIVED ~U6 1 ,1 2008 ~1, _ 4 <"J '. . . . " " ," P!ANNING DiiPM~EN ! u.. rfc &<-v-0Y'1' ~-.!/ydiv tuLe A--eC4erruJ./ .l_<f~JN4JF~AT'f!rI a1~ r:4 r~ ~ ile-rny-tRy b-y >;'7'; /J?~fh1_ (1.. +,'. I. 0k.~~cu..ep /YL-(~R...:- ~~...,- d/LM'LIl..',7J'.. , " c? ~ ~ &J.:~~, a-l,,,,--e.e...~. -7T,-,,-,L~r ~~.-' :3 ~ ~4't-cA~~/ .Aa-Jj ern .Lue_a~-A; /Y(~o..-f- 0-?,cp.-<j- ~-Q.~<..-r~~*:._: it ~ ''fr:- if /j . 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'-'.......L Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08, 200810:28 AM To: Wells, Wayne Subject: FW: Legg-Mason Hotel - Cabana Club -----Original Message----- From: Doran, John Sent: Friday, August 08,20089:54 AM To: 'Larry Edger' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Legg-Mason Hotel - Cabana Club Larry: Thank you for your comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I have copied your email to Sherry Watkins in the Planning Department; she will make it available to the COB, as is most appropriate. There will an opportunity for personal public input at the COB meeting on August 19, at which time you can address the COB on this matter, in person, shoul.d you choose. john doran Clearwater City Council Florida has a very broad public records law. iviosi written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. -----Original Message----- From: Larry Edger [mailto:larryedg@gmail.com] Sent: Thursday, August 07, 2008 8:06 PM To: Doran, John Subject: Legg-Mason Hotel - Cabana Club John; There are activists on Sand Key who would suggest that everyone is against the Legg-Mason hotel project. That is NOT the case. This is a split opinion of the residents. Even the Sand Key Civic Association is not against the entire proj ect just a couple of the variances. Larry Edger Backwaters on Sand Key Maggie Mae's 8/11/2008 - -0- ~ ~~ ~ Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08, 200810:29 AM To: Wells, Wayne Subject: FW: CASE# FLD2008-02002 (1590 GULF BLVD.) -----Original Message----- From: Bob & Patti Rogowicz [mailto:bobandpatrogowicz@tampabay.rr.com] Sent: Friday, August 08, 2008 9:39 AM To: Hibbard, Frank Cc: Gibson, Paul; Doran, John; GEORGE.CREKOS@MYCLEARWATER.COM; Watkins, Sherry; Petersen, Carlen Subject: CASE# FLD2008-02002 ( 1590 GULF BLVD.) DEAR MAYOR HIBBARD AND CITY COUNCIL, PLEASE ACCEPT THIS LETTER OF COMMUNICATION AS OPPOSITION IN REGARD TO CDB CASE #FLD2008-02002 (1590 GULF BLVD.), KNOWN AS THE CABANNA CLUB RESTAURANT. FIRST, THE SIZE OF THE PROPOSED BUILDING IS TO LARGE FOR THE LOT BECAUSE THEY ONLY HAVE 88 FT. TO BUILD ON AND THE CODE REQUIRES A 200 FT. WIDE LOT. SECOND, THE HEIGHT OF THE PROPOSED BUILDING IS TO TALL. THE CODE LIMITS THEM TO 25 FT. AND BUILDING SOMETHING 100 FT. OR 10 STORIES HIGH WILL DEVALUATE SURROUNDING PROPERTIES. THIRD, THERE IS NOT ENOUGH PARKING NOW. ADDING A 38 ROOM HOTEL BUT ONLY 8 PARKING SPACES MAKES THE PROBLEM WORSE. FORTH,TAKING 25 FT. OF PUBLIC BEACH RESTORED WITH TAXPAYERS DOLLARS SHOULD BE STOPPED. ALSO, TO OPPERATE A FERRY BOAT FOR GUESTS FROM OVER 450 HOTEL ROOMS ON A CANAL WHERE ALL THE PROPERTIES ARE RESIDENTIAL IS LUDICROUS. THESE VARIANCES STRIKE AT THE HEART OF THE BEAUTIFUL NATURE AND SETTING THAT HAS MADE SAND KEY ONE OF THE MOST BEAUTIFUL BEACHES IN THE STATE. THIS IS A CASE OF PUTTING TEN POUNDS OF SUGAR IN A FIVE POUND BAG. WE URGE THE DIRECTION TO DEVELOP TO CODE STANDARDS ONLY. THANK YOU, BOB AND PATTI ROGOWICZ, RESIDENTS AND OWNERS, 1621 GULF BLVD.#808, 1621 GULF BLVD. #PH-B 8/11/2008 ..L~b"'" A. ""'.......&. Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07,20084:11 PM To: Wells, Wayne Subject: FW: Legg Mason -----Original Message----- From: Gene Salvadore [mailto:gsalvadore@hotmail.com] Sent: Thursday, August 07,20084:09 PM To: Watkins, Sherry Subject: Legg Mason To: Members of the CBC Ref: Case #: FLDX2008-02002 (1590 Gulf Blvd.) As residents of Sand Key, we respectfully request that you vote NOT to approve Legg Mason's application to build a ten story hotel on the current site of the Cabana Club. Clearly, this proposal is a blatant attempt to circumvent nearly all current building guidelines. At 88 feet wide the lot does not meet the 200 foot minimum requirement, and the height of over 100 feet grossly exceeds the limit of25 feet. Further to place a 38 room hotel on a site where parking is already at a premium, while adding only 8 additional spaces is irresponsible. Usurping 25 feet oftax payer funded restored beachfront is not ethical, if, in fact, even legal. We would also question the apparent disregard for the feelings of those homeowners living on the canals u,h;f'h u,;l1 hP llCPr! fAT fpTT\,;na allPctc fTAtrl thP R;lttrlATP tA thP npu, hP<lf'h hAtpl l'l'.I..I...&.......I..I. l'l'.J..J..1. v",", _u",",~ ..L'\J.J.. ""-..I...I.J..I...I..J..b b-_u"u ..L.L'\J..I..L..I. "'.L..I.""" ..&....'..1...1."'.........""'..1."'"' ""'" ".I...&."",, .l..J.",",l'l' V"",,UV.l..l. .l..l.""'''V.l.. Please do the right thing to protect the residents of Sand Key. Sincerely, Gene & Linda Salvadore 1200 Gulf Boulevard, Apt 301 Clearwater, FL 33767 8/11/2008 - -0- - ~~- Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:40 AM To: Wells, Wayne Subject: FW: Proposed Hotel on Sand Key -----Original Message----- From: greenwdassoc@aol.com [mailto:greenwdassoc@aol.com] Sent: Friday, August 08, 2008 8:32 AM To: Watkins, Sherry Subject: Proposed Hotel on Sand Key Dear Ms. Watkins, Please note that we do not support the building of a hotel, as it is proposed, at the Cabana Club Restaurant site. Our concerns are the following: . The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. . The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. . There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. . Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. . Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential. These are legitimate concerns that I do believe that you, as an elected official, will take into consideration when it comes time for a vote. There is no need to begin to change the feel of Sand Key and this hotel addition, and particularly the ferry boat, would do that. It is unfair to the many people who have made Sand Key their permanent residence. They believed that the city officials would respect the codes in place and that their move to Sand Key would therefore be a good one. H codes can be changed that easily, I wonder where one can place their trust? We are trusting that you will keep the integrity of Sand Key in place by voting against this dramatic change on our beach. Thank you for listening. Janet Gre enwood Unit 302 North The Harbour Janet Greenwood, Ph.D., CEP Psychologist/Educational Consultant Greenwood Associates, Inc. 8/11/2008 - -0- - -~ - 310 South Brevard Ave. Tampa, FL 33606 813 254-5303 It's time to go back to school! Get the latest trends and gadgets that make the grade on AOI",_~;ibgpQjng. 8/11/2008 - --0- ~ ~~ ~ Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,2008 1 :57 PM To: Wells, Wayne Subject: FW: Case #FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: PauITenn@aol.com [mailto:PaulTenn@aol.com] Sent: Friday, August 08, 2008 11:40 AM To: Watkins, Sherry Subject: RE: Case #FLD2008-02002 (1590 Gulf Blvd.) Dear Ms Watkins: I would like to express my strong opposition to the proposed building of a 10-story hotel at the current Cabana Club Restaurant site. My objections are summarized as follows: 1. The size of the proposed building is too big for the lot per current codes. ie: code requires 200 foot wide lot, current lot is only 88 ft. 2. The height of the proposed building is higher than current codes. ie: code 25 ft. maximum and proposed building is 100 ft which would severely decrease property values of the surrounding properties. 3. It would use 25 feet of public beach paid for with taxpayers' dollars for private, for profit use. 4. The proposal to operate a ferry boat for over 450 hotel guests would be too large an impact on a canal on which all other properties are residential. Please do not turn Sand Key into the high density, tourist area that Clearwater Beach has become. Sand Key is a residential area and should be preserved as such. Many people including myself have chosen Sand Key for exactly the way it is now, a wonderful, quiet residential paradise. Please respect that legacy. Respectfully, Paul Vitale 1170 Gulf Blvd. #502 Clearwater Beach, FL 33767 901-438-2832 (cell) Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/11/2008 .&.........b"".&. '\J..l..... Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08, 2008 2:07 PM To: Wells, Wayne Subject: FW: CASE #FLD 2008-02002 (1590 Gulf Blvd.) Sand Key Cabana Club -----Original Message----- From: AI Zimmerman [mailto:al.zimmerman2@verizon.net] Sent: Friday, August 08, 2008 1 :37 PM To: Watkins, Sherry Cc: Doran, John; Hibbard, Frank; Cretekos, George; Gibson, Paul; Petersen, Carlen Subject: CASE #FLD 2008-02002 (1590 Gulf Blvd.) Sand Key Cabana Club Dear Ms. Watkins: Please pass this message on to Assigned Planner, Wayne Wells; All the Members of the Community Development Board; and any other interested parties. Thank you. Dear Members of Community Development Board: As a neighbor to the South of this property, we want to let you know that we OPPOSE Legg Mason's Proposal for the property at 1590 Gulf Blvd. and would like to ask that you NOT approve the deviations to the Code for the above Case #. The Variances that they are requesting will encroach on the Gulf view of many, many Condo Units in that area which will result in a lower value to not only their Units, but alUhe Units in the surrounding area. This is unfair to these good citizens of Clearwater who purchased their Units because of the Gulfview. We Oppose Legg Mason's request to build near the sidewalk (south), and 7,8 or more stories high with Variances requested for a reduction to the required lot width from 200 to 88.41 ft and an increase to building height from 25 to 67 ft. This is too large a structure for this site. We Oppose the request to use 25' of public beach paid for by taxpayers money for their own private use by erecting semi-permanent cabanas. And whether this request is in the current application or requested later, we Oppose the use of the canal of private docks & residential homes & condos every hour 7 days a week & where manatees & dolphins have been sighted. We urge the Community Development Board to support redevelopment of this site WITHOUT deviations to its Codes. Thank you for your kind consideration of this matter. Allen & Caroline Zimmerman 8/11/2008 ~ -0- - ~~ - 1600 Gulf Blvd. #617 (Dan's Island II) C1earwater,FL 33767 Ph. 593-7379 8/11/2008 ~ ~b- ~ ~~ ~ Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,2008 1 :58 PM To: Wells, Wayne Subject: FW: Case # FLD2008-02002 (1560 Gulf Blvd.) -----Original Message----- From: bamagirI1560@aol.com [mailto: bamagirI1560@aol.com] Sent: Friday, August 08,2008 11:42 AM To: Hibbard, Frank; Gibson, Paul; Doran, John; Gearoge.Cretekos@myciearwater.com; Watkins, Sherry; Petersen, Carlen Subject: Case # FLD2008-02002 (1560 Gulf Blvd.) Dear Mr. Hibbard, this is to show my concern for the proposed above case. My concerns are that the size of the proposed building is too big for the lot because they only have 88 feet which is less than code requires. Presently, parking is a problem and with this change there will be even less parking. Taxpayers dollars were used to restore the beach and now this would use 25 feet of public beach. Is this fair? I am also against operating a ferry boat in a residential area. Please consider what is in the best interest of the residential community. Sand Key has maintained such an upscale appeal and this would take away from the serenity. As a owner in Ultimar this concerns me. Thank you for your consideration. Sincerely, Carolyn Wall Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/11/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Monday, August 11, 2008 12:58 PM Wells, Wayne FW: Hotel Proposal -----Original Message----- From: RolliejAudrey McClellan [mailto:armac@charter.net] Sent: Monday, August 11, 2008 12:44 PM To: Hibbard, Frank; Watkins, Sherry Subject: Hotel Proposal The hotel proposed for the Cabana Club Restaurant site is much too big for the space available, both in height and building area. I especially dislike the idea of its extending into the public beach. In addition, there won't be enough room for adequate parking. Please do not allow this plan to go forward. Thank you. Audrey McClellan 1460 Gulf Blvd. #1001 Clearwater FL 33767 1 .&. -0......... "oJ..&...... Wells, Wayne From: Norm Ikonen [ikoprogo@aol.com] Sent: Saturday, August 09, 2008 2:44 PM To: Wells, Wayne Subject: Support for Cabana Grill on Sand Key Mr. Wells, Legg Mason's proposed plans for the rebuild & restoration of the Belleview Biltmore's Cabana Grill on Sand Key should be overwhelming accepted. In a cluster of high rise condos this will be a welcomed architectural change in a sea of sameness. Please support this endeavor whole-heartedly. As a member of the Belleview Biltmore Golf Club & the community, I do! Thank you! Norm Ikonen 2942 West Bay Drive Belleair Bluffs, FL 33770 mobile: 813.679.2675 ikoprogo@ao1.com 8/11/2008 ..... -0-..... "'.......... Wells, Wayne From: Katherine and Jack [scam4cats@tampabay.rr.com] Sent: Saturday, August 09,20082:16 PM To: Wells, Wayne Subject: Cabana Grill on Sand Key Dear Mr. Wells, The purpose of this e-mail is in support of Legg Mason & plans to rebuild the Cabana Grill on Sand Key. We are familiar with the negative comments voiced by a few of the local residents, but I find no merit in their arguments. Mr. Martin Smith in his letter of 8/6/08 to Sand Key residents addressed the facts of the project. It is obvious that a minority faction has negatively exaggerated the scope of the work. I urge the Community Development Board to approve Legg Mason plans for the Cabana Grill on Sand Key. Thank You. John A Crochet Katherine Nielsen 8/11/2008 .L "5""'.1. V.L.l. Wells, Wayne From: Veronica Downen [crystalbeachveronica@yahoo.com] Sent: Saturday, August 09,20081 :00 PM To: Wells, Wayne Subject: Cabana Club Hearing, 8/19/08 Mr. Wells, This is to confirm our stomg support for this project which would definitely upgrade our contiguous property. Thank you for your consideration. John G. Emmons 1600 Gulf Blvd., #1014 Clearwater, FL 33767 8/11/2008 .L US""'.1. V..l.1. Wells, Wayne From: R. Bard Schaack [rbschaack@yahoo.com] Sent: Sunday, August 10, 2008 10:58 AM To: Wells, Wayne Subject: Proposed Cabana Club Hotel Dear Mr. Wells: We am sending you this e-mail to indicate our support for the proposed Cabana Club Hotel. My wife and I began to send part of the winter at Clearwater Point (the south end ofthe beach) about 7 years ago, and became residents the end of last year. During that time, we have become well acquainted with the Sand Key area. We shop there, dine there and many of our friends live there. We have been to the Cabana Club many times. We have reviewed the plans for the proposed hotel and have discussed those with Martin Smith. We believe that there is a need for more hotel space in the area, primarily as a result of the redevelopment of Clearwater Beach. We believe that this proj ect with enhance the neighborhood and will result in the highest and best use of the property. We encourage you to act positively on the Legg Mason proposal. Bard and Debbie Schaack 825 S. Gulfview Blvd. #309, Clearwater, FL 8/11/2008 ..1. 0.5"" 1. V...l.l. Wells, Wayne From: Tony Wiggins [tonywigg1@yahoo.com] Sent: Saturday, August 09,20084:04 PM To: Wells, Wayne Subject: Support for new Cabana Grill on Sand Key Mr. Wayne Wells Proj ect Planner City of Clearwater Clearwater, FL. As a 12 year resident of The Grande on Sand Key, and a rental resident in Bellaire Beach for 7 years before that, my wife Rosemary and I want to express our complete support for the Legg Mason improvement project at the Cabana Grill on Sand Key. The 38 - room deluxe Boutique Hotel will certainly enhance living and dining on Sand Key. We have enjoyed the present Cabana Club, but this will make it even more enjoyable for dining, and enhance our property values. Since no part of the public beach will be taken by this project, our guests can still use the public access and full public beach when they visit.Since the building, pool, deck, and parking area will be completely on the commercial portion of the property, it will also be rthe same distance from the seawall as the other high-rise condos. The 67 feet or a little over 6 stories will lend itself to an esthetic blend~ which will be actually shorter than the surrounding condos. Since the old Belview Biltmore Cabana Club was the oldest facility on Sand Key, which is evident from the old pictures of 1920s of hotel patrons being ferried across the bay for a day of sunbathing, it seems only fit and proper that the tradition be continued in an updated 21 st century style. Sincerely, Rose and Anthony Wiggins The Grande on Sand Key 1180 Gulf Blvd #201 Clearwater, FL. 33767 8/11/2008 .A. &.46""' ..l. V..l. ~ Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11,200810:04 AM To: Wells, Wayne Subject: FW: FLD 2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: Doran, John Sent: Monday, August 11, 2008 9:55 AM To: 'Bjfailor1@aol.com' Cc: Watkins, Sherry; Manni, Diane Subject: RE: FLD 2008-02002 (1590 Gulf Blvd.) Ms. Failor: Thank you for your comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I have copied your email to Sherry Watkins in the Planning Department; she will make it available to the COB, as is most appropriate. There will an opportunity for personal public input at the CDB meeting on August 19, at which time you can address the COB on this matter, in person, should you choose. john doran Clearwater City Council Florida has a very broad public records law. Most written cornrnunications to and frorn governrnent officials regarding government business are public records available to the public and to the media upon request. Your e-mail communications may be subject to public disclosure. -----Original Message----- From: Bjfailorl@aol.com [mailto:Bjfailorl@aol.com] Sent: Monday, August 11, 2008 9:17 AM To: Hibbard, Frank; Petersen, Carlen; Cretekos, George; Doran, John; Gibson, Paul; BiII.Horne@myclearwater.com . Subject: FLD 2008-02002 (1590 Gulf Blvd.) There was a time when the people who lived on Clearwater beach pleaded with the planning board and the city commissioners to please don't turn Clearwater Beach into Sand Key now I must apologize to the residents and business owners of Sand Key. The proposal to crowd the green space, the skyline, the parking and the water is absurd. Tax dollars have paid to re-nourish the beach and now you want to turn all if this over to the benefit of developers? I think it is a shame and if you would take time ask for unbiased opinions of residents, tourists 8/11/2008 .J. US\,;... VI.... and businesses you would find your decisions to "improve" Clearwater Beach has not been an overwhelming success. In fact most people despise what Clearwater Beach has become. From Seaside in north Florida to St. Petersburg, there is no prettier skyline on the Gulf Coast. Please, please, don't allow developers to ruin. Thank you Bette Failor 1015 Mandalay Ave Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/11/2008 ..1. ""'5"'" .... v.... .... Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 2008 10: 10 AM To: Wells, Wayne Subject: FW: -----Original Message----- From: svoras@netzero.com [mailto:svoras@netzero.com] Sent: Monday, August 11, 2008 8:34 AM To: Watkins, Sherry Subject: Dear Sherry, I am a tax payer on Clearwater Beach, and I am opposed to the Cabana Club project for the reasons stated below: The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. . The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. . There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. . Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. . Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential Maria Fray Voras StQI2lore~<;10SlII~"--GidLheI~Q_Sl,!yjIJS_Q!!Lh.Qm~j:llld r~lmild.CI~Qjl. 8/11/2008 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Monday, August 11, 2008 10:08 AM Wells, Wayne FW: -----Original Message----- From: groth9@optonline.net [mailto:groth9@optonline.net] Sent: Monday, August II, 2008 9:11 AM To: Watkins, Sherry Subject: To: Mayor, the City Council and Sherry Watkins From: Dr. Timothy and Veronica Groth, Dan's Island Owner's 402, and 408. RE: case # FLD2008-02002 (1590 Gulf Blvd) Dear Sherry, We are writing and expressing our concerns regarding the above stated case number, and are opposed to a new structure being built there. The structure will not meet code regulations of 25 feet but will violate code by building a structure of 100 ft. OUR PROPERTY IS RESIDENTIAL and operating a ferry boat to bring in guests from 450 hotel rooms on a canal is OUTRAGEOUS, and cannot happen!! Taking 25 FEET of public beach restored with taxpayers money needs to be stopped. Parking is not sufficient now and adding a 38 room hotel with an additional 8 parking spaces makes the problem worse! By adding this structure and the like will significantly change Sand Key in many negative ways - the beautiful environment and habitat that exists there as well as the inhabitants that RESIDE there. Respectfully yours, Dr Timothy and Veronica Groth 1 ..1. 05"".1 U1.1. Wells, Wayne From: Watkins, Sherry Sent: Monday, August ii, 2008 10:11 AM To: Wells, Wayne Subject: FW: Cabana Club -----Original Message----- From: Stevens, Elaine F [mailto:Elaine.F.5tevens@questdiagnostics.com] Sent: Sunday, August 10, 2008 5: 18 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Cabana Club I am writing you to oppose the variances requested by Legg Mason as they look to develop a hotel on the Cabana Club property. The proposed building is too large for the lot. Overcrowding is already an issue on the roads both summer and winter. Putting buildings so close together presents additional problems in the case of fire as well as making owners feel closed in as a result of losing their view. There is clearly not enough room for parking now. If you have ever driven to the restaurant there you know that parking is already at a premium. The most offensive variance request is the one relating to the use of 25 feet of public beach. This area was restored with taxpayer monies and should not be given to one group for their specific use. Having paid my taxes to support this restoration, I am appalled that this would even be considered. Finally, although I love the idea of taking a ferry into New York City, I do not feel that operating a ferry on a canal that passes through a residential area is prudent. It will disrupt the canal, add more noise as well as pose a safety issue for the residents as they navigate the canal. Our area is crowded enough and we do not need additional development in this primarily residential area. Members of the Council have argued that since many units are not homesteaded that we are more commercial than we think because of rentals. I disagree. In my building alone, there are many units not homesteaded but the owners do not rent them. They are second homes and therefore not commercial. To use this argument to support further development is misleading and inappropriate. I ask that you vote against the development of the hotel on the Cabana Club properties. Thank you, Elaine Stevens 1230 Gulf Blvd Apt 1504 The contents of this message, together with any attachments, are intended only for the use of the person (s) to which they are addressed and may contain confidential and/or privileged information. Further, any medical information herein is confidential and protected by law. It is unlawful for unauthorized persons to use, review, copy, disclose, or disseminate confidential medical information. If you are not the intended recipient, immediately advise the sender and delete this message and any attachments. Any distribution, or copying of this message, or any attachment, is prohibited. 8/11/2008 -L US\..> .I. V..l. .I. Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11,2008 10:12 AM To: Wells, Wayne Subject: FW: Case #: FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: Jeremy Hollis [mailto:jahollis17@hotmail.com] Sent: Sunday, August 10, 2008 9:58 AM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: re: Case #: FLD2008-02002 (1590 Gulf Blvd.) Dear Mayor and the City Council, Please do not allow Legg Mason's application to build the 10-story high hotel at the Cabana Club Restaurant site. My concern and what should concern you all the most should be the following: . The size of the proposed building which is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. . The height of the proposed building which is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. . Taking 25 feet of public beach which was restored with taxpayers' dollars should be stopped. That area of Sand Key is a great area for homeowners like me and letting Legg Mason build there would be a shame since it would really congest that side and take away some of our pristine public beach. I hope you make this decision in support of the existing homeowners in the area and not for growth of the hospitality sector. Sincerely, Jeiemy Hollis 1591 Gulf Blvd Unit 303 Mobile: 734-657-0711 j9hQIH~J]@11QtmgiLGQm 8/11/2008 ~ a~v ~ U~ 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 2008 10:11 AM To: Wells, Wayne Subject: FW: Case #FLD2008-02002 (1590 Gulf Blvd.) Legg Mason's Proposed Cabana Club Hotel Revision -----Original Message---n From: dbaccarel@aol.com [mailto:dbaccarel@aol.com] Sent: Sunday, August 10, 2008 11:06 AM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Case #FLD2008-02002 (1590 Gulf Blvd.) Legg Mason's Proposed Cabana Club Hotel Revision Please consider this correspondence as our voiced opposition to the proposed revision to the Cabana Club Hotel. The basis of our democracy is a representative form of government. You, as an elected official, are mandated to represent your constituents, not special interests. We, as your constituents, oppose the restructuring ofLegg Mason's Cabana Club solely for the benefit of a private interest and the "inferred" public interest of increased property taxes for the benefit of the city of Clearwater to the detriment of the residents of Sand Key. Please listen to your constituents. They have elected you to your present office to be their voice.! Dominic and Donna Baccarella 1621 Gulf Blvd., Unit 908 Clearwater, FL 33767 It's time to go back to school! Get the latest trends and gadgets that make the grade on AQ1_~b9'ppjng. 8/11/2008 ..I.. U.6""" ..I.. \,.1.1. ... Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11,200810:11 AM To: Wells, Wayne Subject: FW: Case#: FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: Cretekos, George Sent: Sunday, August 10, 2008 1:01 PM To: 'Kelly Machbitz' Cc: Watkins, Sherry Subject: RE: Case#: FLD2008-02002 (1590 Gulf Blvd.) Mr. and Mrs. Jack Machbitz 1560 Gulf Boulevard, #1607 Clearwater, FL 33767 Dear Mr. and Mrs. Machbitz: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. As you know, the completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month, the next one being August 19th. It is this board that has the authority to approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, --george n. cretekos member, clearwater city council 727-562-4050 geo rg e. crete kos@myclearwater.com (please note that under florida's public record laws, written communications, including e-mails.to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) -----Original Message----- From: Kelly Machbitz [mailto:machbitz@tampabay.rr.com] Sent: Friday, August 08,20084:17 PM To: Doran, John 8/11/2008 .ra~c; -'- U~-'- Cc: Cretekos, George Subject: Case#: FLD2008-02002 (1590 Gulf Blvd.) Dear Sir: My wife, Kelly Machbitz and I wish to state our strong opposition to a 10 story high hotel at the Cabana Club Restaurant site. The size of the proposed building is too large for the lot because they only have 88 feet to build on and the code requires a 200 foot lot. The height of the proposed building, 10 stories or 100 feet exceeds the 25 feet limited by the code and will severely hurt surrounding property values. There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces exacerbates an existing problem Taking 25 feet of public beach restored with taxpayers' money should be stopped. Operating a ferryboat for guests from over 450 hotel rooms on a canal where all the properties are residential. Thank you for your consideration Jack M.Machbitz R Ph. FASCP 1560 Gulf Blvd # 1607 8/11/2008 J. "1:>v J. VJ..L Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 2008 10:59 AM To: Wells, Wayne Subject: FW: PROPOSED CABANA CLUB HOTEL -----Original Message----- From: Nelson [mailto:nelson@austincenter.net] Sent: Monday, August 11, 2008 10:56 AM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; carlen. peterson@myclearwater.com Subject: PROPOSED CABANA CLUB HOTEL Re: Case # FLD2008-02002 (1590 Gulf Boulevard) Dear Public Officials: This email is to notify you of our opposition to the proposed Hotel on the Cabana Club site. Our major concerns relate to the following: . The size of the proposed building is too big for the lot because they only have 88 feet to build on and the Code requires a 200 foot wide lot. . The height of the proposed building is too tall. The Code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. . There is not enough parking now. We can't imagine how tight the parking will be with such a huge hotel. . Taking 25 feet of public beach restored with taxpayer's dollars should not be allowed. . Operating a ferry boat for guests from over 450 hotel rooms on a waterway where all of the properties are residential will ruin the character of our neighborhood. Please do not allow a developer to do this to our beautiful Sand Key community. My wife and I strongly oppose the construction of this hotel. Thank you for your consideration. Nelson Guagliardo 1290 Gulf Boulevard 8/11/2008 J. a.c;e; J. UY4. J Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 2008 10:59 AM To: Wells, Wayne Subject: FW: Case #: FLD2008-02002 (1590 Gulf Blvd - Cabana Club) -----Original Message----- From: Michael Shipley [mailto:burntgoose@hotmail.com] Sent: Monday, August 11, 2008 10:47 AM To: Gibson, Paul; Petersen, Carlen; Hibbard, Frank; Cretekos, George; Doran, John; Watkins, Sherry Subject: Case #: FLD2008-02002 (1590 Gulf Blvd - Cabana Club) Dear Mayor Hibbard, I am a lover of history and heritage and extremely pleased to see that the Belleair Biltmore hotel will be restored instead of demolished. I would also love to see the Cabana Club Restaurant site be rejuvenated; however, I believe it should and can be done under current established code. People of the neighborhood relied on these codes being enforced and "grandfathered" when we purchased. I am writing to you, as many others from our community are, to oppose granting variances to the Legg Mason Cabana Club Restaurant site which grossly exceeds present codes. Every dimensional code of width, depth, and height are being grossly exceeded, as well as other issues, by the proposed new design. The recent law suit filed on behalf of Mr. Swinehart, Mr. Spencer, and Mr. Thomas against the Town of Belleair and Belleview Biltmore Owner LLC (attached), due to the City of Belleair granting variances which grossly exceeded it's codes, references previous Florida court challenges regarding this issue. The court ruled, in the case of Maturo v, City of Cora! Gables (page 23), that there should be a "hardship" present before variances are granted. A "hardship" was defined by the court as "only in those cases where the property is virtually unusable or incapable of yielding a reasonable return". The existing building on the Cabana Club site is proof that this property is buildable and yielded a reasonable return with a functional building within existing code and presented no "hardship" in doing so. Legg Mason has the capability of doing likewise by using other premium options, within code, which could be implemented on this site! In my opinion Legg Mason and their architect, from Coral Gables, blatantly ignored all existing codes when drafting this design, subsequently ignoring our neighborhoods rights to existing codes being "grandfathered". It now leaves us, your constituents, relying on our Clearwater city representatives to protect our rights by enforcing existing codes and insuring that they are "grandfathered" to any new structure being constructed on this site. Abdicating this decision to an appointed board (the CD B), in my mind, does not relieve our elected city representatives from being responsible for our rights being ignored. We elect you to protect our rights and hopefully unselect you if you do not! Our neighborhood has demonstrated over the past few months, in force, with petitions, meeting attendance, emailing, and letter writing our disapproval of these plans and the reluctance to allow our "grandfathered" rights to be ignored. In the event there may be a smaller attendance at the August 19th COB meeting, due to summer scheduling, I hope it is not miss represented as people no longer caring. Let past communications stand that a great number of people in this community care! I believe it would be remiss on the City Councils behalf to allow this appointed board to make a final decision on this matter without extensive negative input from the Council. I hope you encourage them to send Legg Mason back to the design board to create a viable, within code, structure by voting NO on this issue. Respectfu lIy, Michael L. Shipley 8/11/2008 .1. (.1.5"" ~ V.l .1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 2008 10:13 AM To: Wells, Wayne Subject: FW: Case #: FLD2008-02002 (1590 Gulf Blvd) -----Original Message----- From: Kelly Machbitz [mailto:machbitz@tampabay.rr.com] Sent: Friday, August 08, 2008 4:40 PM To: Watkins, Sherry Cc: Petersen, Carlen Subject: Case #: FLD2008-02002 (1590 Gulf Blvd) Dear Madam: Will you be kind enough to forward this letter to the members of the CDB Thank you in advance. My wife Kelly Machbitz and I wish to register our strong opposition to a 10 story high hotel at the Cabana Restaurant site. The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 story high will hurt surrounding property values. There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential. As the decision makers please deny Legg Mason's application. Sincerely Jack M. Machbitz R Ph FASCp 1560 Gulf Blvd # 1607 8/11/2008 rage; I VIr i Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:31 AM To: Wells, Wayne Subject: FW: Legg Mason's proposal -----Original Message----- From: Nan & Dick Ruben [mailto:dnruben@verizon.net] Sent: Thursday, August 07, 2008 11:11 PM To: Petersen, Carlen; Watkins, Sherry; Cretekos, George; Doran, John; Gibson, Paul; Hibbard, Frank Cc: Nan& Dick Ruben Subject: Legg Mason's proposal To the Mayor, City Council...to be shared with the Community Development Board. I just attended a meeting last night at South Beach I on Sand Key and was very disturbed at the proposals being made by Legg Mason for the property now occupied by the Cabana Club Restaurant. Everyone there was taken back by even the thought of the concessions that Mr. Mason is requesting that the City make in order for him to build his hotel. I want to make it clear up front that we as residents have no problem with the development of the land...it is the concessions that have us very concerned: First and foremost, the idea that these people who do not make a home here wanting to take over 25 feet of the public beach and put cabanas on it for permanent use by the customers of the hotel is so outrageous to me that I just can't believe it is even being proposed, never mind considered. My husband was one of the co-chairs who fought to have the beach renourished after the No Name Storm. It was taxpayers' money that brought this beach back to life...not for someone to make a profit on. We owners, who live on Sand Key are not even allowed to leave one of our own chairs on the beach overnight and that is as it should be: It is a public beach! Also operating a ferry through residential properties waterway is so worrisome to me. I personally have seen manatees swimming there....this is a neighborhood, the whole of Sand Key is a neighborhood. We bought here 17 years ago because it is a neighborhood and want it to remain that way. We live here all year round, this is our home. We pay very high taxes on Sand Key. Why would the City or the Community Development Board even think of changing a neighborhood that has worked and prospered all these years to accommodate a developer who is only in it for the money and will not be there to clean up the mess that this could create. There are other concerns as well: too big a building for the size of the property; not enough parking; and the increase in the traffic problem we are already beginning to experience. But if these concessions are made for this proposed hotel, we know it will make it even more difficult to turn down the next concessions that are requested and then there goes the neighborhood. This matter as I understand it, is scheduled for a decision before the Community Development Board on August 19. Please, I plead with you, share my concerns and those of my neighbors with the CDB. Thank you for your help. Mrs. Nancy (Nan) J. Ruben 1430 Gulf Blvd. #501 Clearwater, FL 33767 (:tOIlJJ;)~~D@\I~IsiQo..,o~t 7'l..- , - S-' -f" - 2--73 {, 8/11/2008 ~ "6'" ~ V~ ~ Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 2008 10: 12 AM To: Wells, Wayne Subject: FW: Opposing the construction of Leg Mason Hotel -----Original Message----- From: Taso Hinaris [mailto:taso1929@att.net] Sent: Saturday, August 09, 2008 10:58 AM To: Watkins, Sherry Subject: Opposing the construction of Leg Mason Hotel Re:case #FLD2008-02002 (1590 Gulf Blvd.) l.The size of the Proposed bldg. is too big for the lot because they only have 80 feet to build on and the code requires a 200 foot lot. 2. The bldg. is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high affects the surrounding property value .3.There is not enough parking space now. Adding a 38 room hotel with only 8 parking spaces creates a bigger problem. 4. Taking 25 feet of public beach which was restored with taxpayers dollars should be stopped. 5. A ferry boat for guests from over 450 rooms is planned to be operated and will go through residential properties. It will add noise and pollution to the area. We are residents of 1621 Guld Blvd.,Unit 1104, Clearwater, strongly oppose the construction of this 100 floor hotel. Tasos Hinaris and Suzanne Hinaris 8/1112008 ragt:: 1 01 1 Wells, Wayne From: harvey levin [harvI57@hotmail.com] Sent: Monday, August 11, 2008 11 :46 AM To: Wells, Wayne Dear Mr. Wells, I have been a member of the Belleview Biltmore for about five years. I have watched with obvious interest over the years as different groups have made attempts to purchase the property. I, like everybody else, have had opinions on each of the groups and as to worthiness of their expertise and concern for both the properties and the neighborhoods. To begin with, unlike many others, I had felt that the hotel had, unfortunately, run its course as a premier property--it was old, outdated and too far from the water---I felt the highest and best use was probably something else--- Many people disagreed obviously with me--unfortunately, most of these people, although thinking about the historic quality of the hotel, had not, as I had, supported the historic property financially or maybe there not would have been a need for new ownership and management. I not only play golf often but visit, and take friends, to the Cabana Club three or four times a month. I am of the opinion that the residents of Pinellas County are unbelievably lucky to have found a group like Legg Mason--not only are they totally committed to the restoration of the hotel, but they are planning on making tremendous improvements both to the golf course and to the Cabana Club. Both of these properties are wonderful, but, unfortunately, outdated and in need of substantial updating to make them first class properties. The monetary committment from Legg Mason is incredible as they seem totally committed to bringing first class recreational facilities to the area. I can't imagine that anyone would consider any of their properties first class at this time. These types of improvements would certainly help Pinellas County maintain, or possibly upgrade, its reputation as a first class destination resort--in a very competitive marketplace. I know the Cabana Club has met with some opposition. Let's, as a community, support the Legg Mason team as they try, with a huge financial investment in our area, achieve goals on a win-win situation. I know that I am proud to be a resident of this first class area--but we must constantly keep our perspectives clear as we compete with quality destination resorts all over the world. To keep the status quo on oldl but needy, properties is a recipe for failure, unfortunately. I have not seen anything from the Legg Mason team to lead me to believe that they are anything but a team player working together with the residents of this area. I have not seen them asking for incredible concessions on zoning to circumvent sound planning. In fact, they have been more than reasonable on their requests. And, yes, they deserve to make a profit on their endeavors. I thank you for the opportunity to voice an opinion. Sincerely, Harvey Levin 8/11/2008 rage; 1 Ul 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 2008 10: 13 AM To: Wells, Wayne Subject: FW: Legg Mason proposed project at the Cabana Clum -----Original Message----- From: Robert Kanjian [mailto:rkanjian@webtv.net] Sent: Friday, August 08, 2008 6:49 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; George.Cretekos@mclearwater.com; Watkins, Sherry; Petersen, Carlen Cc: rkanjian@webtv.net Subject: Legg Mason proposed project at the Cabana Clum Dear Mayor, City Council Members and Ms.Watkins, We write concerning the upcoming Case #FED 2008-02002 scheduled before the City Planning Board on Aug. 19, 2008. We oppose the application because Legg Mason proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will decrease surrounding property values. There is not enough parking now. Adding 38n room hotel but only 8 parking spaces makes the problem worse. Using 25 feet of public beach restored with taxpayers dollars should be stopped. We feel Legg Mason should build using current code without variances. Thanking you in advance. Robert Kanjian, 1170 Gulf Blvd. #305, Clearwater, FI, 33767-2780 Carol Ann Kanjian, 1170 Gulf Blvd. #305, Clearwater, FI, 33767-2780 8/11/2008 rage 1 or 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20082:09 PM To: Wells, Wayne Subject: FW: Legg Mason's Proposed Cabana Club Hotel -----Original Message----- From: InfanteD@aol.com [mailto:lnfanteD@aol.com] Sent: Friday, August 08,2008 11:44 AM To: Doran, John Cc: Watkins, Sherry Subject: Legg Mason's Proposed Cabana Club Hotel Dear Councilman Doran; As a concerned resident who is committed to maintaining the residential environment of Sand Key, I must protest in the strongest possible terms Legg Mason's proposed Cabana Club Hotel plans. The Legg Mason proposed plan flunks any common sense test. Specifically: . They are seeking numerous deviations from the City Code to build a hotel that is too large for the site. . Their proposal exceeds allowed boundary lines. . Their proposal takes 25 feet of public beach made possible by tax dollars - this is by far the most ludicrous of their requests. . Adequate parking is not provided for in their proposal. . Proposes initiation of a ferry boat into a residential lined canal . Could result in a 10 story tall building where only 4 stories is allowed by Code I respectfully request that you assert the full power of your position to ensure that the Clearwater Community Development Board (CDB) disapprove the Legg Mason request. Please do not underestimate the determination of Sand Key residents to do whatever is required to ensure that Sand Key remain a residential community. Thank you for remaining sensitive to the wishes of the citizens in your community. Sincerely, Don Infante Major General, USA (Ret.) Looking for a car that's sporty, fun and fits in your budget? Read review~LQD_AOl,. Auto~. 8/8/2008 l:'age 1 ot 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11,200810:13 AM To: Wells, Wayne Subject: FW: Case # FLD2008-02002 I Legg Mason Beach Hotel -----Original Message----- From: Ed Koch [mailto:ekoch@earthlink.net] Sent: Friday, August 08,20086:21 PM To: Hibbard, Frank Cc: Paul Gibson; Cretekos, George; Doran, John; Petersen, Carlen; Watkins, Sherry Subject: Case # FLD2008-02002 I Legg Mason Beach Hotel For all the reasons detailed in the attached letter and PS, I oppose the proposed boutique hotel. Per my explanations, the city can live and survive wlo the tax revenue from 38 rooms and Legg Mason can also succeed with a fine beach club that does not have 38 hotel rooms to go wi it. Finally, haven't we had enough crazy variances to codes over the years because politicians caved into developers rather than sticking to a plan that would better reflect the desires of the people? Just look at Sand Key......lt looks nice, but it could have looked a whole bunch better with long range planning. Why so many different heights? Because variances were granted all too often. Ed Koch 2630 W. Bay Dr. Ste. 103, Belleair Bluffs, FI. 33770 Office: (727) 582-9848 Toll Free: (800) 863-7973 Cell: (727) 420-1397 Toll Free fax: (866) 210-9105 Email: ekoch@earthlink.net "This message may contain confidential and / or proprietary information and is intended solely for the person / entity to whom it was originally addressed. Any use by others is strictly prohibited by law. " 8/11/2008 c. Edmund Koch August 8, 2008 Mayor Frank V. Hibbard City of Clearwater PO Box 4748 Clearwater, Fl. 33758-4748 Dear Mayor Hibbard: During the most recent mayoral election, you asked for my support and vote, and you did indeed receive it. Now I am writing to you because I need your support and your vote on an issue that directly affects me and many of my neighbors. Specifically, I am asking for you to stand with the people of Sand Key in opposing the boutique hotel with its accompanying variances that is being proposed by the Legg Mason Real Estate Investment Group. Before I go any further, let me say that overall I am thrilled by the plans that LM has for the old Bellview Biltmore Hotel and Golf Course. For years I have said that if the Biltmore was to be saved, it would take someone or some entity like a Bill Gates to pull it off because it would be a back breaking / budget breaking project with prospects for only a long term return on investment, if any. In other words, it would take an entity that is more good will and civic oriented than short term profit oriented to make it happen and save the Biltmore for posterity. I admire and respect the Legg Mason Group for exhibiting the courage they have in undertaking such a gargantuan project with such great accompanying risk. Although I am among their greatest cheerleaders however, I do not support LM's plans for the Cabana Beach Club site on Sand Key. The idea of a boutique hotel on the beach is not the problem..... .it's the location. Let's take a closer look at why I am opposed.....lfthe site were undeveloped land, I would not be writing this letter. We all know and realize that vacant undeveloped land will eventually be developed. If one buys property adjacent to such, they should expect that something will happen someday and their views may become obstructed. Many years ago when I bought my first condo at the Isle of Sand Key building (1621 Gulf Blvd) there were no buildings across the street on the beach. ...No Dan's Island....No Cabana Club......No Ultimar.....just wide open beach. I knew very well that over time my unobstructed views would be lost as only a fool would have believed otherwise. Once things are developed in accordance with prevailing codes however I believe it becomes a new and different ball game. The Cabana site is developed and the plan with its height limits etc that was originally approved by the city, should remain intact. The people who purchased across the street after the Cabana site was developed, bought with the idea and understanding that the views they had, would be the views they would continue to have for at least 75 plus years until such a time that the current generation of condos face the wrecking balls. Considering the relative young age of most all the Sand Key structures, that day is a very long way off. Yes, developers have the right to develop their vacant land with the blessings of the various state and local authorities, but re-development of existing sites is a totally different matter. At that point the best interests and concerns of the neighboring property owners should be paramount if we are to remain a fair and equitable society with integrity. In this case, the neighbors feel that the 25' height limit should be maintained as anything higher would block additional views and be counter to the best interests of the neighboring owners. Needless to say, there would also be a negative impact on the surrounding property values in addition to the diminished view issue. Now, let's go a bit deeper and look at the matter from the perspective of the LM group and the city. LM would like the 38 rooms so they can promote the fact that they have gulf front lodging available. I understand their desire, but I suggest to you that most of us rarely get all we want in life including the fine folks from LM. In this case, they may just have to live with redeveloping the site with a wonderful beach club that would include a very fine high end restaurant and bar. Without the hotel the restaurant / bar could be much larger than that which was originally planned to fit into a hotel structure. My instincts tell me that the expanded upscale restaurant / bar / beach club facility could produce very good revenue.. ..perhaps a little short of what 38 hotel rooms would produce, but certainly acceptable. With proper marketing, the restaurant could be the most desired waterfront fine dining destination anywhere along the Pine!!as beaches. Can you picture a wonderfully elegant restaurant and a classically done adjoining bar area with perhaps a grand piano all overlooking the beach and gulf? Finally, let's look at what effect a Cabana site would have on the city with and without the proposed 38 hotel rooms. I suggest to you that there may be no difference in tax revenue either way. Perhaps a larger restaurant with more food and beverage taxes collected would offset the loss of room tax. I'm not an expert in such areas, but it certainly sounds logical to me. I suppose your city budget experts would have to run the scenarios to come up with true estimates. Having said that, let's look at the worse case......less overall tax revenue. Mr. Hibbard, with all due respect, I must suggest to you that the city can and should be able to live with the little bit that may be lost by eliminating the 38 hotel rooms. I don't want to go totally off on my "favorite" subject, taxes, but I need to share my feelings. It seems that when a government gets a dollar, it will spend that dollar plus two more just like it, and still ask for more.....That's just how it seems to work. We both know that the waste and d~plication in government spending is pathetic.... ..You can't really talk openly about it for all the obvious political PS Since drafting this original letter, I wish to add two (2) comments: 1) Unlike some, I have no opposition to the concept of a small shuttle boat running between the main Bellview Biltmore Hotel and the Cabana Club site. I believe that the concerns of some about a boat load of drunks disturbing the peace at night as the boat utilizes their slip at the Harbour South Condo building, is a stretch. I think it's a good idea to have a water taxi to cross the ICW as it would be an asset to the Biltmore folks and the locals. In fact, my wife and I would likely ride it over to the Biltmore for dinner some evenings. I also feel that if we oppose the boutique hotel, it is only fair that we give a little on something else. The idea of hotel guests being able to boat over to the beach club for a day at the beach or dinner or whatever, would an added factor that would help them make the site a success without a hotel. In reality, I wish the Biltmore folks would buy the little pie shaped piece of land between the Isle of Sand Key condo and the Harbour South condo and use that as a landing site. It could be very attractive, like a nice "bus" stop and they'd have to fix the seawall cap which is on the verge of collapsing any time. It's a wonder that it has not already done so. 2) Sand Key already has 2 hotels at the north end which now apparently have some right to expand. We do not need another hotel at the south end in the heart of our residential district. Resort hotels belong at the north end of Sand Key where they already exist and on Clearwater Beach proper, which is really the heart of our tourist district. How many council members would vote for the hotel if they lived adjacent to the Cabana site? If any could honestly answer, "Yes", I would suggest that they were either lying, or being off under the table for their vote. Such was regular operating procedure years ago when most of Sand Key was developed....1 would like to hope we are well past that era. The only reason Dan's Island exists today is because Eli Mills "bought" the votes 25 years ago to make it happen. In reality, the land was too narrow and too unstable for development. If it were not for added beach, the place would be in the Gulf today. Page 1 of 1 Subj: LEGG MASONS 10 STORY HOTEL FLP2008-02002 Date: 8/7/20083:52:33 P.M. Eastern Daylight Time From: SPorter486 To: George. Cretekos@myclearwater.com I AM OPPOSED TO THE ABOVE PROPOSAL TO BUilDING FOR THE FOllOWING REASONS: TOO HIGH PARKING PROBLEMS TAKING OF BEACHHOPE YOU WILL VOTE AGAINST THIS ORIGiNAl RECEIVED AUG 11 2008 (Mrs.) Starr Porter V ARTEK, LLC Ph 727 595-1516 Fx 727 593-5858 sporter486@aol.com PlANNING DEPARTMENT CITY OF CLEARWATER -"._------_._.-._-,_..._"~..~-_.~-~.-------.-'---_.._----,-,._,_.._---~"_._~._---,.----_.--._----_.._"->-----_.---~------_._._-----~~+_.~.._---"---------~._----_. --.-------.---.--.-----.--- looking for a car that's sporty, fun and fits in your budget? Read reviews on AOLAutos. ThllNrhv A. 1 HJll <;1t 07 ')OOR A. rnpri('~ nnlinp' ~P()rtpr<1Rh Subj: LEGG MASONS 10 STORY HOTEL FLP2008-02002 -1560 GULF BLVD. Date: 8/7/20083:53:27 P.M. Eastern Daylight Time From: SPorter486 To: George.Cretekos@myclearwater.com I AM OPPOSED TO THE ABOVE FOR THE FOllOWING REASONS: TOO HIGH A STRUCTURE PARKING PROBLEMS BEACH PROBLEMS I HOPE YOU Will OPPOSE (Mrs.) Starr Porter VARTEK, LLC Ph 727 595-1516 Fx 727 593-5858 sporter486@aol.com looking for a car that's sporty, fun and fits in your budget? Read reviews on AOl Autos. Page 1 of 1 ORIGiNAl RECEIVED AUG 11 2006 ~'U\NNII'IG 0::PAR1MENl CITY OF CLEARWATER Subj: LGG MASONS 10 STORY HOTEL -1590 GULF BLD FLD2088-02002 Date: 8/7/20083:54:26 P.M. Eastern Daylight Time From: SPorter486 To: Carlen. Petersen@myclearwater.com I AM OPPOSED TO THE ABOVE FOR THE FOllOWING REASONS: TOO TAll A STRUCTURE PARKING PROBLEMS BEACH PROBLEMS I HOPE YOU WILL OPPOSE (Mrs.) Starr Porter VARTEK, LLC Ph 727 595-1516 Fx 727 593-5858 sporter486@aol.com Page 1 of 1 ORIGINAl. RECENEC. AUG 11 2008 ?LANNlNG UI:t'ARfl'vlENI CITY OF CLEARWATER looking for a car that's sporty, fun and fits in your budget? Read reviews on AOl Autos. .___".___._..__~_....__,,__.____.__.____.,.____.~_m'__~___._.__.__._.______.._________..__.._______.._.______....-.--.--+- -.........--.-.----....-....---.-.---.--------.-..---..--.-----,-.---~-.-. ---.-----.-....-....-----. -.----.".-.,--...-.-..-..-,-.-......------.-------.--~-. August 7, 2008 ORIGINAl RECEIVED AUG 11 200B Doug Rasby 1660 Gulf Blvd #1102 Clearwater, FL 33767 1>i.ANNiNG DtPARTMENt CITY OF CLEARWATER Wayne Wells, Planning Dept PO Box 4748 Clearwater, FL 33758-4748 Dear Wayne, I fell strongly that Legg Mason's proposed Cabana Club Hotel should be STOPPED for the following reasons. . The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. . The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. . There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. . Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. . Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential. Please take into consideration the aforementioned items when making a final decision. Than.~ you f~~~our consideration. /:)1 CV-Z'1 1) (j~ l, Doug Rasby I 1 Patricia Rogowicz 1621 Gulf Boulevard, #808 Clearwater, Florida 33767 . J)~(Cf I~~r- In.' Auo 0"'18 o .1,...;' J August 5, 2008 Wayne Wells CITY OF CLEARWATER PLANNING DEPT. P.O. Box 4748 Clearwater, FL 33758-4748 1 I I I 1_- _1 'MENT j , ~ '/A.TER Re: Case #: FLD2008-02002 (1590 Gulf Blvd.) Legg Mason's Request for Parking and Other Variances Dear Mr. Wells and the Clearwater Development Board: Since January 15,2002, my husband and I have lived year round at the Isle of Sand Key, a residential condominium building that is located just southeast of 1590 Gulf Boulevard where Legg Mason is requesting many deviations in order to build a 38 room hotel. We are opposed to all of the deviations requested by Legg Mason and feel we must bring to your attention to the problems that already exist with Legg Mason's woefully inadequate parking for the restaurants it currently has, a problem that will be aggravated if its request for parking exceptions and other deviations are approved by the City for their proposed hotel and restaurant. On or about October 24, 2007, I observed a person in a Cabana Club Restaurant uniform, park in our private parking lot and then cross the street to the Cabana Club Restaurant. I called down to the guard house to inquire as to why a Cabana Club employee was parking in our parking lot. The guard informed me that a Cabana Club employee who lived in our building, Patty Hayden, had been making arrangements for other Cabana Club employees to park in our parking lot as her "guest." As you can see from the copy of the security guard's "Entry Gate Auto Log," on the night of October 24th, Ms. Hayden made arrangements for 5 persons to park in our lot. I reported this issue to the manager of our condominium association, Dick Boblenz. Attached is a copy of his handwritten notes indicating that on Friday, November 9th, he spoke to Ms. Hayden about tl).e parking violations. Also attached is a log made of the additional dates on which Ms. Hayden arranged for others to park in our private parking lot. We believe that all or most of these alleged "guests" were Cabana Club Restaurant employees. Legg Mason's existing restaurants already causes their business to encroach onto private and city park parking lots. Please do not make our neighborhood problems worse by approving the variances requested by Legg Mason. Legg Mason reviewed this site in April 2007, 3 months before they bought the Belleview Biltmore, and were fully aware of the limitations of this small piece of property. If Legg Mason wants to redevelop this site, they can do so within existing code standards, and without variances. My husband and I request that you deny Legg Mason's deviation requests they make to build a new hotel and restaurant. Sincerely, Kd-~ Patricia Rogowicz ~. j Enclosures (3) /1 iI l ! ENTRY GATE AUTO LOG DATE: /cJ---;2y-p 7 ASSOCIATION: I.S.K. (Island Sand Key) UNIT NBR UNIT OWNER AUTO TAG MAKE VISITOR/COlYfP ANY J.o~ :51:J &( 'U\J C 77/ a. ) 038 7'1U r;riA \J3~1.RJ f.1;r~ ~ ~ TIME IN ~ OYJJ3 0?d6 (fA 1<t~7-. /b O~ " I) /(, :5'"1 J' S~ , i I .e- I . I . I I I I I "~-, I -~ "v i ~~.~. A~,.,j . ~~. ? 1~~A't ~ -t. <:V~~ .., * 1M~/ll ., 1H.,~ tvt. w ; V ~ S"t~. ~ l ':4 - ' ~ , f../It>" ~/)~iG ~.p ... ~(~-l... A ~ mlc.'U ~ U.:-r ..t ~~-r-c. ~,. .. ~~-~~f?! .n.__ ~ b:'3 8~ - __,-L?r~_(~. o/w ~ ~ -l.-----... r:p. / OP- Y j~q . .-- ------ ------ - ~DAv _.'. - l .- - ~rz - " ~ ALL ~Htc~wr~ .D~O .'t tbt Ce.t.-rI"~-4T- 2. ~ '-; p/u ~~~ ~.s_ · ~/b~C~U~ ( - . - ") ~~~~. . r /ztrlo7 1" /17)0) IO/Z1/cJ7 //)/17107 /oh8/o7 ((J 1/ 1/ tY? /o/:5/c;? . ~ J _ ~.-...... /0/ //'-"/ /)/;5/07 It/ !4/c'? 11/7/~?? 1-1a-ycloY\ 2{)1 !-~ fry ?~+e ))vlc ie:, 5;8 7 7/Yl ;:v rJ /&;0 1:.6/1 7 / ,J I 2)16 ff'7&9C;8 G/J1C j?l? 1191/c u acf1e 1:Y /c;61 Gvc~51 (3?6AC /0 ye) i a.... /& II Z-yo .I} 7?6-HV '0 ye-) Q.... /rP 31 5LiC! 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C .J,/'Tr / ;(..170 X G J./c, Y1 J 0..- 2/17 - G:VC"" J ;;\ .390 x. c i1co Y7 (~a. 1.532 /?ts /Ic...r~,b..}t' / /?<.-h k.1 (:' -- V;?o LUg T /~~"l-nd C)- /~- .73 ?;. e),d rdbl; I VI J Wells, Wayne From: Watkins, Sherry Sent: Tuesday, August 05, 2008 2:09 PM To: Wells, Wayne Subject: FW: Legg-Mason hotel plans - located at 1590 Gulf Blvd.on Sand Key -----Original Message----- From: Doran, John Sent: Tuesday, August 05, 2008 1:52 PM To: 'DufferRose@aol.com' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Legg-Mason hotel plans - located at 1590 Gulf Blvd.on Sand Key Ms. Rose: I appreciate your interest and involvement in your community, but the Legg Mason matter is a matter before the Community Development Board, not the City Council, and, to date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I am forwarding your email to Sherry Watkins in the Planning Department; she will make it available to the COB, as is most appropriate. There will an opportunity for personal public input at the COB meeting on August 19, at which time you can address the COB on this matter, in person, should you choose. john doran Clearwater City Council Florida has a very broad public records law. Most written communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure. -----Original Message----- From: DufferRose@aol.com [mailto:DufferRose@aol.com] Sent: Tuesday, August 05, 2008 12:58 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Gibson, Paul; Cretekos, George Cc: Cynthia@ProRemLaw.com Subject: Legg-Mason hotel plans - located at 1590 Gulf Blvd.on Sand Key Dear Mayor Hibberb and City Council members, I am an owner of a Cabana Club condominium and reside in Sand Key approximately 8 months of the year. I will very soon be a permanent resident. I am also a lifelong Floridian, raised in Hillsborough County but summering on the Pine lias beaches almost every year of my life. There are three issues that I would like to address about Legg Mason's plans to build at 1590 Gulf Blvd.: 1. Their taking of 25 feet of public beach access: One of the reasons that I love the Florida beaches so much is not just their beauty, but also because of their access to the public...and that is the variance that Legg-Mason is requesting that alarms me 8/5/2008 .r clt;C L. VI .J the most: The taking of 25 feet of .public beach. It should not be an area taken away from the public for their own use by any private corporation - not for Legg-Mason, not for any condo in the future, and not for any commercial bui Iding in the future. Please do not grant them this public beach footage to use for any reason, to build any structure upon, to set up their temporary cabanas on (they have their lounge chairs out on the public beach as if they own that portion of the beach now) - believe me, they already act as if they own all of the beach in front of their very small 88' wide space. 2. The environmental impact of building on that beach area will be huge as well. I live on this beach and see the sea oats that have been planted there and it is also an area where the sea turtles often nest. By granting Legg-Mason this particular variance, you could also be setting an unfortunate precedence, not only for Clearwater but for other beach communities in Florida. I believe that the City of Clearwater has already denied Legg-Mason this particular variance in writing this year and yet they persist in asking for it - as if they could not adjust their architectural plans without using this public beach footage. They simply don't want to change their plans because they believe they will be able to steamroll all of their variances through the CDB and then through City Counci I. 3. The Cabana Club Condominiums owners have bought our condos primarily because our documents say that we cannot rent out our condos for less than a six month period. On my floor alone, there are 6 full-time residents and 2, including myself, who reside here for most of the year Uust not quite retirement age yet). We are not "of a transient nature, nor are we non-resident tourists'. Our owners have a great concern about the type and nature of the building that will be built beside us. Most of the condos on Sand Key also have this six month rental requirement, I believe there are only two condos that do not. Please do not be deceived by Legg Mason's Exhibit B, Section D, Response #1, p.6. That is just not factual. Yes, there are tourists down on Sand Key Park. The other variances the are asking for are indeed nervy: the CDB wi II also be asked to approve deviations to the Code - variances that include: .. Replacing the current structure with a lOO-foot (or lO-story high) hotel/restaurant complex where the Code only allows for a 25-foot structure .. Reducing the number of parking spaces to support the proposed complex .. Eliminating or reducing the set backs from adjacent property lines. This is just not a good option for that small piece of space. I am certainly not against Legg Mason refurbishing their restaurant - it needs it. Or completely changing their plans to become a very small boutique restaurant/hotel of perhaps 10-12 rooms. I actually stayed in a small boutique restaurant/hotel (6 rooms) for my honeymoon in Houston - and it was a moneymaker for that owner, so it can be done. They just don't want to do that. They are trying to ram a very large square peg down a small round hole and it just won't fit...not unless you bow down and scrape and let them. Please don't. 8/5/2008 ~ GLol:' J V.l J Thank you. Julie M. Rose 1582 Gulf Boulevard #1207 Clearwater, FL 33767 303-358-7745 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/5/2008 r/3/oY :1: ~ JJdW '"~ ~,h,j r~4-~ jJJr' IJ p-y 17<(/ dfi~,p) ah '/1 ? ? 7-r 8- if7'/Y 1\ i" ' n\\}~ ~1 i'" '! I I r"'\n \ n~ ,.':',1 iil Jl U \1'i AUt; J 2008 ' . II L_-.-. P! 'v'." ..-' , :' ,I r,J , . - D'-\I~ ,'> ~_ t:. \ t:LOF)/ c . .:>t:RVICES )c~LEARW A TER flvrn1; Y/::' f #~ $ ~ ~" i i " /J a~/? SJ,J..dA'y;{ 2- j(,OO ~ ~ ~ IllS- {!J2eaflA.~ ~ L./..J 337" 7 ~ 7):7-~9S~- ~s~t"? a/O.. dA ~ /)YrM ~IA )IJ~/ IJ. : ~ijL . & l ttA (lflL)-~ ~JtLUt'.vJP'U- C~~~rr./- ' r7t~ ~,1!';;, ~,;T~ ~ "0-/ ,d jc7 ~ ~~~~ ~'-- uVfJ C~, .,0- I 10 LaA a . ? ~ '-Ilu...v tuJ.. ~ a~ Pk '* -J>>f ~ {'^' ~vd- a/J I . .0. /-il ~4~ II:-r,~~J . v?A;C1Yl't;lVfY U &Y/ ftL/J Vi' tC~ }/ 1') t:k / . i ,<---,,/J.7 "" ' 1'-ivrv (iA/v!' . F , /0, . A:.-&-P'- /.~~ August 4, 2008 Wayne Wells Planning Dept. PO Box 4748 Clearwater, FL 33758-4748 I am writing to you about my concerns in regard to Legg Mason's proposal to build a hotel on the Cabana Club site. The File # is: FLD2008-02002. The hotel/restaurant will greatly exceed the height that the code allows by approximately 75 feet. Obviously it would drastically reduce the vertical visibility of those of us who reside in the area. This is turn would have a negative financial impact on the surrounding properties in which we live. What Legg Mason proposes should be built on a lot that is at least 200 feet and yet they only have 88 feet to work with thus the request for so many variances. Not only the height variance but set back variances, the reduction of parking spaces required for such a complex and the audacity to ask for 25 feet of public beach for the hotel's use. There are codes in place for a reason and they seem to be asking for all of them to be thrown out the window so they can get their way and build whatever they want. I C"-l1-n-nr\rl tl.,o~.,.. .....~(Yht fA roAo-';Toln-n, +h~C' C"~ta hllt ~+ C'oOYnC' ('\",l" 11"'\('r1f""t:ll ~-nrt ("r\rrof"t fA rlA CIA uu.p'pV.I.\. l..L.lV.l.1 .1.15.1.1.1,. \..V .I.\..iU......V V.l.VP \,.1.1.1.lJ U.l\.V L/Ul. J.\....:JVV.l.lJ.0 V..LL.lJ J.V5.1.V".1. u...u.u VV.l..l.......v\. \.\...1 UV uV without deviations from the codes that presently exist. I urge every member of the board to think what it would be like to have a hotel plopped down in the middle of your residential area and vote against these code variations that are being requested by Legg Mason. Sincerely, cJ:~~ 1591 GulfB1vd. Clearwater, FL 33767 i , e ~ ~ jr ~/l re r;.::.--;;-\ Ii- i[~ \\~ lI; lJ ('I Ie, ii' '\ ! ::", _,I ~~, '=~- __~"L-=:' I )' I' I,', ' I , \! n \ - AI ~ 5 'WID !! I J I ,I I L MUO QJIUQ --,,;' ILl . I '-.. L pC"',':, 0' c,~::,::;':rT_ _ page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 13, 2008 7:29 AM To: Wells, Wayne Subject: FW: Case #FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: nora [mailto:nora@tampabay.rr.com] Sent: Tuesday, August 12, 2008 4:39 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Carlen. Peterson@myclearwater.com Subject: Case #FLD200B-02002 (1590 Gulf Blvd.) Attached please find a letter regarding the Flexible Development request made by Belleview Biltmore Owner, LLC., and its negative impact on Sand Key. Thank you for your consideration. Jim & Nora Conlin 8/1312008 August 12,2008 This letter is to ask that you carefully consider all the facts before making a decision and approve the Flexible Development request made by the Belleview Biltmore Owner, LLC (Cabana Club) for their property located at 1590 Gulf Blvd. There are numerous negative impacts that approving such a request would have for those of us who reside on Sand Key. Sand Key is a beautiful predominately-residential community (especially the southern part of the key where this request is being made), and to approve this proposal with the numerous variances and many unknowns would be detrimental to the Sand Key residents. It potentially may negatively change what has been a wonderful place to live by squeezing onto a small Gulf front piece of property a structure that is too large, would increase traffic, create parking challenges, and require exceptions to existing codes. This could then result in a negative impact on the real estate values of the surrounding properties, which provide the city healthy tax revenue. While we understand and would support the owners of this property in a redevelopment effort, we feel strongly that it should be done fairly, openly, and within existing codes. To approve this would be unfair to the citizens of Clearwater who reside on Sand Key. We intend to attend the meeting schedule for Tuesday, August 19th and trust you will make the right decision and protect the citizens of Sand Key who entrust you, as our government officials, to protect us from overzealous developers. Respectfully, James S. Conlin Nora S. Conlin 1600 Gulf Blvd. #316 Clearwater, FL 33767 .Page 1 at 2 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 13, 2008 7:30 AM To: Wells, Wayne Subject: FW: -----Original Message----- From: Allan & Merry [mailto:allanmerry@allanmerry.net] Sent: Tuesday, August 12, 20088:06 PM To: Petersen, Carlen; Watkins, Sherry; Hibbard, Frank Cc: cynthia@prolemlaw.com; PapaMurphy@aol.com Subject: Dear All, (I ask that this message also be forwarded to each of the members of the Community Development Board. Thank you.) Introduction: My wife Merry and I are CB residents, at 860 Bruce Ave., (currently emailing from Washington State, (as usual for July-Sept). Since our first visit in 1990 we have been CB visitors a month or more annually, (and users of the Beach Branch Library in all it's locations). We took over our little Bruce Ave house, purchased in 1994, for our own use in '03, and then became true "homesteaded" residents beginning in January '06. I'm now a CBA Board Member, since last December. Thus, (and partly also because I'm a retiree from a County Planning & Development Department in Washington), we have long appreciated the City's truly excellent local government: services, competence throughout, and ambition; (more about the latter follows). (As a Homesteader, by the way, I voted against Prop 1 last January, because I saw what it would do to local government.) We are pleading here below, (speaking for ourselves and not representing the Association), for the City of Clearwater to do something unusual. (Some of you have heard me say this already at hearings and meetings.) What my wife and I want and ask most for Clearwater Beach is to preserve what remains of the valuable character of CB as it was when we first visited in 1990: "Working class Vacationland; Affordable to lower middle incomefolksfor a weekend or a week at the beach,from throughout the Tampa Bay hinterland, along with all the folks driving down from the eastern & mid-US and Canada." And maybe even recover a bit of what's already lost. Yes, change is inevitable, we acknowledge. But the purpose of development regulations is to achieve reasonable objectives in the public's interest, and property owners' interests in maximizing their returns do not trump reasonable public goals. So, please consider: choose for Clearwater to be an exception to the rule elsewhere ("as up-scale and exclusive as the market permits"), and choose to be a city that appreciates and caters to the greater, land-side "working class" community, along with the northern visitors; where a family of modest means can still afford a week or a weekend at the beach. Interested property owners may well contend that these are not constitutional public objectives; but we disagree. The courts have sustained other comparable and even more intrusive limits on pure private interest. Consequently we support the City's wish for the Code to permit and attract "mid-price, smaller size" motels and hotels back to the Beach, before the "Condo lull" window of opportunity closes; (and which may already have been enacted by now? I have forgotten.) And of course we support any and all further initiatives that will help retain what small scale hotel/motel and retail commercial we have left. Regarding any proposels for any higher hotel density than referenced above, we oppose it unless it is enforceably permitted for a "room rate schedule" LOWER than that promised by any new "mid-price; mid-size" project. We are thus strongly opposed to any further "destination resort" development. Our CB, and possibly bits of the islands south to the Bay, appear destined to be the last spots with any chance to remain accessible to the bottom 2/3 of what's left of the "middle class." One important, specific caveat for us north-enders: Fully or partially closing Eastshore Drive will not work for north end access, even with the best possible improvements to Poinsettia, UNLESS there is "pre-roundabout" access. to both Eastshore and Poinsettia directlv.from where the Eastshore exit is now or farther east. 8/13/2008 Page '2 012 (Among our personal motives, in addition to what we believe is in the Clearwater and CB public interest: however small scale and quite our north end neighborhood manages to remain, as we wish it to: we simply don't want to otherwise live predominately among the wealthy and their expensive botiques.) Regarding Sand Key: By the time of our first visit to the area, Sand Key was already mostly as it now is, (and the handwriting was on the wall for Island Estates). I do not see much opportunity, re our above stated objectivs, other than to preserve them as they are currently. For that reason we do strongly support the SOS and SON contentions opposing the Legg Mason development proposals, concerning use 01 the beach, parking, height and density, the dock, and use of the canal. And I agree that Legg Mason's proposals and representations have been disingenuous. Understandably and from their viewpoint legally and properly, Legg Mason's sole objective is development profit. We urge you all to let our islands be the exception. Respectfully, Allan & Merry Avery allanmcrrv@allagnmerry.net 8/13/2008 Page 1 of 1 Wells, Wayne From: SWANSONG09@aol.com Sent: Tuesday, August 12, 200810:06 PM To: Wells, Wayne Subject: Re: Cabana Club Improvements Just wanted you to know, we look forward to the planned improvements to the Cabana on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Mary & Norm Swanson Looking for a car that's sporty, fun and fits in your budget? g~9QL~yj~W~_Qr18QL8LJtQ~. 8/13/2008 page 1 ot 1 Wells, Wayne From: joseph degenova Odegeno1 @tampabay.rr.com] Sent: Tuesday, August 12, 200810:34 AM To: Wells, Wayne Subject: cabana club MR.WELLS, I AM THE PRESIDENT OF MONT MARTRE CONDO.ASSN. ,LOCATED AT 3500 GULF BLVD. MONT MNARTRE IS THE FIRST CONDO SOUTH OF DANS ISLAND. I AM SO APPALLED AT THE RESISTANCE OF LEGG MASONS LUX. HOTEL. I HAVE BEEN A RESIDENT FOR 12 YEARS AND CAN ASSURE HAVE FEQUENTED THE CABANA CLUB NUMEROUS TIMES. I HAVE ALSO BEEN CONCERNED ABOUT THE CONDITION AND UP KEEP OF THE PROPERTY IT HAS ALWAYS BEEN A PROPERTY IN NEED OF SERIOUS WORK. ONE WOULD ONLY HAVE TO WALK THE STREET SIDE TO NOTICE THE CRACKED PARKING AREA THE RUSTING OF THE RESTURAUNT STRUCTURE ,THE WEED INFESTED LANDSCAPING ,FENCING FALLING DOWN.I CAN HONESTLY SAY THE WORST LOOKING PROPERTY FROM MONT MARTRE TO THE SAND KEY BEACH. I AM NOT A RESIDENT OF CLEARWATER BUT I AM A RESIDENT OF SAND KEY WHICH MANY DO NOT REALlSE STRETCHES FROM SAND KEY BRIDGE TO POINTS SOUTH. I AM STRONGLY IN FAVOR OF THIS PROJECT WHICH WILL ENHANCE AND CREATE A VENUE FOR EVERYONE. SOME PEOPLE WOULD BE ANTI ANYTHING AS SEEN WITH THE SHOP MESS, I AM WONDERING IF THOSE REDICULOS SIGNS ALONG GULF BLVD. ARE IN ANY SIGN VIOLATION. THANK YOU, JOE DE GENOVA 8/12/2008 Wells, Wayne page 1 ot 1 From: Watkins, Sherry Sent: Tuesday, August 12, 200810:42 AM To: Wells, Wayne Subject: FW: Sand Key zoning hearing -----Original Message----- From: Roger Geary [mailto:rgeary@gearygrouppc.com] Sent: Tuesday, August 12, 2008 10:32 AM To: Watkins, Sherry Subject: Sand Key zoning hearing Sherry We have been advised that you will distribute E Mails regarding the 1590 Gulf Blvd property. Could you please distribute our attached concerns to the Community Development Board members. Roger Geary The Geary Group, P.C. rg!;:)j:llY@9Sl<:iEY9fQ\dQQi;,CQm 586-726-0010 Fax 586-726-9901 8/12/2008 1590 Gulf Blvd. FLD 2008-02002 We wish to protest against the Legg Mason proposed changes to the building code. Their proposed change will put a public hotel in the middle of residential condominiums. The existing hotels are at least on one end of the beach. In addition, the proposed changes would have a further negative effect on the beach. Legg Mason is already using quite a bit of the beach for guests that come over from their property across the inter coastal. We can only imagine the negative effect that their proposal will have on the beach. Legg Mason is proposing major changes that will have large positive economic effects for Legg Mason and major NEGATIVE economic impact for existing property owners along the beach. The proposed changes should not be allowed. Roger and Linda Geary l'age 1 ot 1 Wells, Wayne From: Robert Lakins [boblakins@gmail.com] Sent: Tuesday, August 12, 2008 8:10 AM To: Wells, Wayne Subject: Cabana Grill Mr Wells, I live next door to Dan's Island and consider the Cabana Club a "neighbor". What Legg Mason is proposing to do there will be an excellent enhancement to the "neighborhood". Obviously, I strongly support the new plan, particularly when you consider the present zoning for the site. As you know the site is zoned allowing for many Commercial endeavors, from retail to gas stations. Surely a small 3 to 4 star rate boutique hotel will be more desirable to the neighborhood than basically all the other type facilities that the site is zoned to accommodate. BOB LAKINS 615-330-3330 615-523-1782 (fax) 727-593-3014 (home) 8/12/2008 .page 1 at 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, August 12, 2008 8:20 AM To: Wells, Wayne Subject: FW: Case #: FLD2008-02002 (1590 Gulf Blvd) - Legg Mason Cabana Club Hotel -----Original Message----- From: JLMART@aol.com [mailto:JLMART@aol.com] Sent: Monday, August 11, 2008 7:44 PM To: Petersen, Carlen; Hibbard, Frank; Doran, John; Cretekos, George; Gibson, Paul Cc: Watkins, Sherry; jofarnham@yahoo.com; Cynthia@ProRemLaw.com Subject: Case #: FLD2008-02002 (1590 Gulf Blvd) - Legg Mason Cabana Club Hotel Dear City Council Members, Please REMEMBERlAPPL Y THE SIX STANDARDS OF REVIEW" Particularly #3, #4, #5 and #6. This application does not meet these Standards. Also, the variances required are all negative precedents to Sand Key. The environmental impact is enormously negative considering the use of beach property west of sea wall! Please have at least the following legal environmental representatives present at meeting: Coastal Coordinator - Pinellas County Environmental Management - Nicole Elko Fiorida Department of Environmentai Protection - Steve West Environmental Manager, City of Clearwater - Terry Finch Thank you, John L. Martinez This Application will not benefit the majority. It will only benefit Legg Mason. Looking for a car that's sporty, fun and fits in your budget? B_~fKLn~'{L~w~ on)\OL6utos. 8/12/2008 .Page 1 ot 1 Wells, Wayne From: Linda Holt [tholt1@tampabay.rr.com] Sent: Tuesday, August 12, 2008 7:51 AM To: Wells, Wayne Cc: Hibbard, Frank; Cretekos, George; Gibson, Paul; Doran, John; Carle.Petersen@myclearwater.com; . Watkins, Sherry Subject: FLD2008-02002 Wayne Wells Planning Dept. P.O. Box 4748 Clearwater, FL 33758-4748 8/12/08 RE: FLD2008-02002 1590 Gulf Blvd. Cabana Tower As Sand Key property owners and residents we adamantly oppose any variances, conveyances or concessions to the written building codes being given to Legg Mason in the development of their property on Sand Key. It would appear that the current plan ignores many restrictions and code requirements (disregard for the CCCL, height limitations, parking requirements and setbacks). It is your responsibility to recognize that codes exist for a reason, which is the protection and benefit of all. Our community has it's own quiet culture and it would seem this development would be more in character with Clearwater Beach not Sand Key. The project as designed is simply too large for the parcel of property as governed by codes. We as citizens and property owners are owed the rights and respect to live in and enjoy our neighborhood and residence under the conditions in which we became property owners. We also recognize the rights Legg Mason has as property owners and encourage them to move forward with their development so long as the plans meet the current codes and building limitations as written. Please just do the right thing and insist that any development meet the codes and requirements as written. Sincerely, Linda, Tom, Andy and Sarah Holt 1560 Gulf Blvd. #1707 Clearwater, FL 33767 8/12/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, August 05, 2008 9:50 AM To: Wells, Wayne Subject: FW: Cabana Club -----Original Message----- From: Homenetellen@aol.com [mailto:Homenetellen@aol.com] Sent: Monday, August 04,20088:46 PM To: Watkins, Sherry Subject: Cabana Club We have been vacationing in Clearwater Beach every summer for as long as I can remember. We knew that someday we would end up purchasing and retiring there. Last October we were ready to look for a condo, after researching the area we knew that Clearwater beach was great for vacationing but to live there would be too comotional. When we crossed over the bridge to look at condos in Sand Key we knew this was the place to live because it is residential. We purchased in the Harbour North. We found an end unit on the 5th floor with a unobstructed view of the gulf and the city park on the side of us. We had to pay more even in a down market because of the views. We were very disturbed to found out not even a year later that they were talking of building the Cabana Club into a resort or hotel. This would greatly affect our investment and make our residential area become like clearwater beach. We are also upset about them talking about taking some of the beautiful undisturbed beach. The wildlife on the gulf and the inter costal is so precious. Please do not consider this proposal. Sincerely yours. Proud new Sandy Key Owners George & Ellen Fattal 1581 Gulf Blvd 501 N 973-600-3665 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/5/2008 .page 1 ot J Wells, Wayne From: Watkins, Sherry Sent: Tuesday, August 05, 2008 9:51 AM To: Wells, Wayne Subject: FW: Opposition to Legg Mason's Proposal for the Cabana Club Site -----Original Message----- From: Ken Peek [mailto:Ken.Peek@profilesmail.com] Sent: Tuesday, August 05/ 2008 8:52 AM To: Cretekos, George Cc: Watkins, Sherry; cynthia@proremlaw.com Subject: RE: Opposition to Legg Mason's Proposal for the Cabana Club Site Dear Mr. Cretekos, Thank you for your response and understanding of my concems. I believe Sheny Watkins will make appropriate distribution of my concems to the CDB Members who should make the necessary prudent judgments. Again, thank you. Ken Peek From: george.cretekos@myclearwater.com [mailto :george.cretekos@myclearwater.com] Sent: Monday, August 04/20088:13 PM To: Ken Peek Cc: Diane.Manni@myClearwater.com Subject: RE: Opposition to Legg Mason's Proposal for the Cabana Club Site General Kenneth L. Peek, Jr. 1660 Gulf Boulevard Clearwater, FL 33767 Dear General Peek: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Connnunity Development Board. For now, there is no zoning application pending since the property is cunently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I am pleased you have expressed your concerns directly to the Communi ty Development Board and its staff representative, and you may also wish to attend one of CD B meetings which are held on the third Tuesday of each month (August 19th). It is this board that will approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, --george n. cretekos 8/5/2008 Page 2 of3 george n. cretekos member, clearwater city council george .cretekos@myclearwater.com 727-562-4050 (please note that any response to this email address is considered public record and, under state statute, must be made available to all members of the city council and the press) From: Ken Peek [mailto:Ken.Peek@profilesmail.com] Sent: Mon 8/4/2008 5:34 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: Opposition to Legg Mason's Proposal for the Cabana Club Site To All Addressees: I strongly oppose Legg Mason's proposal to build a hotel with a 125 seat restaurant at the Cabana Club site, (File #FLD2008-02002), 1590 Gulf Blvd., because it seeks MAJOR code deviations: . That would drastically affect vertical visibility because it seeks a height deviation from 25 feet that is allowed, to approximately 100 feet or 10 stories, That would cause significant and widespread negative financial impact to surrounding and nearby properties, That would not be compatible with to the immediate area that is surrounded by residential condos and homes, . . . I],o:>t i", tnn mo:>",,,,i,,p fnr t]'i", ",itp hp"'O:>ll"'p t],p ...nil.. ....oni....., '" lnt Uliilth nf" ')00 f"",..t <:>rorl fl.",,, ............................... ".....,_ ......."'_............., v..........,... ............... ................. ......................._......... .........._ '"''-''--"'-' . "'':I...... '-'..:1 ... .v.. ".......... VA ~vv .""......... UJ..J.\,...&. .....""_, want to build it on lot width of only 88 feet, . That does not provide adequate parking, . To seize 25 feet of our public beach restored with taxpayer's dollars for its financial gain by putting cabanas and other structures on the site that will stay up all night. In addition, Legg Mason has stated its intentions to ferry guests by boat from its more than 500 room Belleview Biltmore hotel to the Cabana Club site, every hour-on-the-hour, 7 days a week up a canal of private boat docks and residential homes and condos resulting in undue hardship on the environment and our residential neighborhoods. I strongly urge the City to support redevelopment of this site without deviations to its code. Sincerely, KENNETH L. PEEK, JR. Ken Peek Lieutenant General, USAF (Retired) Vice President, Government Solutions Profiles International, Inc. 1-800-960-9612 8/5/2008 page 1 ot 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 06,20087:49 AM To: Wells, Wayne Subject: FW: FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: Cynthia L. Remley, Esq. [mailto:Cynthia@ProRemLaw.com] Sent: Tuesday, August 05, 2008 9:39 PM To: Watkins, Sherry Subject: FLD2008-02002 (1590 Gulf Blvd.) Dear Members of Clearwater's Community Development Board: At the CDB hearing on August 19th, Cynthia Tarapani, or another member of the Legg Mason team, may tell you that Sand Key residents objected to a rezoning of this property to Residential in 2000 and that Sand Key residents are being unreasonable to once again, request that the City deny an application to redevelop this site. The CDB and the City Council denied the proposed site plan in 2000 because the proposed 13 story high building was too big for the site. (Please see attached article.) Eight years later, history repeats itself and another building is proposed that is too big for the site. I respectfully request that the common sense of your predecessors be followed and all of these requested variances be denied. Thank you for your support in seeing this site redeveloped in compliance with the City's code, and without the need for variances. Cynthia L. Remley 1591 Gulf Boulevard, Penthouse 2 Clearwater, Florida 33767-2997 8/11/2008 Sand Key building close to demise - Newspaper Archives I tampabay.com - St. Petersburg Times Sand Key building close to demise [STA TE Edition] St. Petersburg Times - St. Petersburg, Fla. Author: CHRISTINA HEADRICK Date: Apr 16, 2002 Start Page: 1 Section: CLEARWATER TIMES Text Word Count: 743 After four years of warnings, city commissioners said Monday that they are willing to spend $142,600 to knock down a large, vacant and decaying restaurant on Sand Key that is the property of the Belleview Biltmore Resort. The demolition would be unusual both for its expense and the size of the former Cabana Club Restaurant. But it would close a thick file of warning letters alternating with plans to redevelop the property that have never amounted to anything, city officials say. The demolition's formal approval will be scheduled for May 2, and crews could begin knocking down the property 10 days later, unless Belleview Biltmore officials meet various city demands to clean up the property. "If they want to get off their duffs and come over here and get this thing taken care of, that's fine," Mayor Brian Aungst said Monday. "If not, let's take it down." Commissioner Bill Jonson chided the hoteliers for the condition of the property on Sand Key. The old restaurant is literally falling apart. "It's just incredible to me that a fine corporate citizen, that is so much involved in the Clearwater community, would not be stepping up to the plate in solving this," Jonson said. "I think it would clearly be a black mark on their reputation in the community." No one at the Belleview Biltmore Resort returned a telephone call to comment. Clearwater building inspector Bill Wright first notified Belleview Biltmore officials in July 1998 that their property at 1590 Gulf Blvd. was unsafe and would be demolished by the city if actions were not taken to fix the problems. The safety problems include dangerous, exposed electrical wiring hanging from the building, siding that is falling off; broken windows; rusting steel columns; and a fire escape with holes in it. Concrete slabs holding up a stairway are deteriorating. In a hurricane, large chunks of the building would probably take flight, Wright said. On top of that, neighbors on Sand Key complain about rats and raccoons living there, as well as vagrants and others using it as a public restroom. It's time to do something, said Frank Simonelli, who lives in the 90-unit Cabana Club condominium next door. "They always put one step forward, and then they back away," he said. Residents at the condominium are especially concerned that the defunct restaurant hurts their property values and gives them a bad name, Simonelli added. http://pqasb.pqarchiver.com/sptimes/access/114...=1&desc=Sand+Key+building+close+to+demise&pf=l (1 of 3) [7/27/2008 6:08:10 AM] Sand Key building close to demise - Newspaper Archives I tampabay.com - St. Petersburg Times Wright said the city has tried to work with Belleview Biltmore officials, never fining them for code violations while they attempted to find a new tenant to run the restaurant. Yet, Aungst suggested that Belleview Biltmore officials haven't been motivated to take care of the restaurant's problems since the city nixed a 13-story condominium project they proposed two years ago. Neighbors complained then that the requested project was much too large for the site. "They're still angry at us. Well, get over it," Aungst said. "Now it's time for us to fire the final shot across the bow and say we're taking it down." In February, city officials met with hotel managers again to talk about the property. The hotel officials promised that they would make the building safe and secure, Wright said. They have since submitted plans for about $192,000 of work to the structure, which is appraised at about $830,000, said Jeff Kronschnabl, who oversees city code enforcement efforts. But now, a month after an agreed-upon deadline passed, the hotel company still hasn't posted a performance bond, Kronschnabl said. Posting the bond is a promise to pay the city up to $192,000 if the property owners fail to complete necessary renovations within six months. As a result, Kronschnabl asked commissioners at their Monday workshop if they would like to move forward with demolition. Commissioners were supportive, although Commissioner Whitney Gray said she didn't want the city to be "used" to pay for demolition. Kronschnabl said that the city can impose a lien on the property, a legal claim that the property's owner owes Clearwater for the work. But because there is a mortgage on the property, the city's interests are secondary to a bank's interests, City Attorney Pam Akin said. Akin said it would be unlikely the city could recover its demolition costs. Wright said the demolition is so expensive because crews will have to be careful not to damage the Cabana Club condominium when they take down the old restaurant. Also, the work requires removing old pilings from the ground. Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission. Clearwater building inspector Bill Wright first notified Belleview Biltmore officials in July 1998 that their property at 1590 Gulf Blvd. was unsafe and would be demolished by the city if actions were not taken to fix the problems. Yet, [Brian Aungst] suggested that Belleview Biltmore officials haven't been motivated to take care of the restaurant's problems since the city nixed a 13-story condominium project they proposed two years ago. Neighbors complained then that the requested project was much too large for the site. As a result, [Jeff Kronschnabl] asked commissioners at their Monday workshop if they would like to move forward with demolition. Commissioners were supportive, although Commissioner Whitney Gray said she didn't want the city to be "used" to pay for demolition. Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without http://pqasb.pqarchiver.com/sptimes/access/114... = l&desc=Sand+Key+building+c1ose+to+demise&pf= 1 (2 of 3) [7/27/2008 6:08: 10 AM] Sand Key building close to demise - Newspaper Archives I tampabay.com - St. Petersburg Times permission. http://pqasb.pqarchiver.com/sptimes/access/114...=1&desc=Sand+Key+building+c1ose+to+demise&pf=l (3 of 3) [7/27/2008 6:08:10 AM] Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Wednesday, August 06,200810:41 AM Wells, Wayne FW: Legg Mason's Cabana Club Application -----Original Message----- From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Wednesday, August 06, 2008 9:23 AM To: Cretekos, George Cc: Manni, Dianei Akin, Pami 'Cynthia L. Remley, Esq. 'i Watkins, Sherry Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Cretekos - I appreciate your shared concern about the preservation of our beach. The beach that is located in front of the Cabana Club property is extremely tenuous - unlike that in front of the Sand Pearl or the Sheraton Sand Key for that matter. The reality is - there is not a lot of sand out there and one strategically placed storm could make it all go away because this is the narrowest part of the Key. When I first moved to Dans Island in 1991, the water from the Gulf of Mexico would hammer on the sea wall because no beach existed. In 1993 many Sand Key residents lost cars that were parked in the lots along Gulf Blvd. and suffered considerable property damage as a result of the "No Name Storm." Since the renourishment efforts Sand Key residents have been able to better weather the effects of numerous hurricanes because of the mitigating influences of the buffering beach. Clearwater residents and tourists alike have been able to enjoy the beach that is now present. In addition the beach has afforded the City a tremendous property tax base with the development of numerous condominiums that would not have been built except for the fact that the property had been transformed into beach front property. To jeopardize all of this for the sake of an outside commercial interest that will be here today and gone just as soon as they can make their quick buck is simply ludicrous. Preservation of the City's most valuable asset - our beaches - should be of primary importance to all who serve our City. PS - I attached an abstract of an article that appeared in the St. Pete Times in 1987 for your review regarding a judgment awarded against the City of Clearwater for not fulfilling its obligation to renourish the Sand Key beach. I was not here at that time so I unfamiliar with the case - but I thought you might find it interesting in light of our discussion regarding indemnification. It is not exactly on point, but it certainly is interesting from my point of view. I apologize for not sending the link - I couldn't figure out how to do it. St. Petersburg Times - St. Petersburg, Fla. Author: KATHY SUBKO Date: Feb 24, 1987 Start Page: 8 Section: CITY TIMES AND INDEPENDENT Text Word Count: 429 Abstract (Document Summary) CLEARWATER - City commissioners decided last week to offer sand instead of dollars. But the attorney whose client recently won a $2.18-million judgment against the city responded, "It makes no sense." All the best, 1 Michel Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. -----original Message----- From: george.cretekos@myclearwater.com [mailto:george.cretekos@myclearwater.com] Sent: Wednesday, August 06, 2008 7:28 AM To: mnardi@nardilaw.com Cc: Diane.Manni@myClearwater.comi Pam.Akin@myClearwater.com Subject: RE: Legg Mason's Cabana Club Application Ms. Michel Nardi 2366 Sunset Point Road Clearwater, FL 33765 Dear Michel: Thank you again for your communicating your thoughts regarding the Community Development Board's consideration of a proposal being submitted by Legg-Mason for its "Cabana Club" property. Let me reassure you of my very strong commitment to do all I can to protect the funding of beach renourishment projects for Clearwater and Pinellas County and to upholding the charter of the City of Clearwater and the laws of our state and country. As you have indicated, the City of Clearwater should not jeopardize that funding, and I am confident that the decisions made will comply with local ordinances and state and federal guidelines pertaining to the public's use of the beach. With warm, personal regards, I am Sincerely, --george george n. cretekos member, clearwater city council george.cretekos@myclearwater.com 727-562-4050 (please note that any response to this email address is considered public record and, under state statute, must be made available to all members of the city council and the press) -----Original Message----- 2 From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Tuesday, August OS, 2008 7:17 PM To: Cretekos, George Cc: Manni, Dianei Akin, Pami 'Cynthia L. Remley, Esq. 'i Watkins, Sherry Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Cretekos - Thank you again for your response. I agree that a property owner does not have to indemnify his neighbor against losses suffered by that neighbor for doing what he can lawfully do on his own property. However, if a person or company does something under the authority of a governing body on property that is not lawfully his and thatperson's actions result in losses to the surrounding property owners, I believe there may be liability on the part of the governing body that authorized the person's actions as well as the party that was responsible for causing the other party's harm. Of course, other lawyer's may have differing opinions and ultimately a court would have to decide that issue on the particular facts presented. It would be extremely unfortunate for the City to jeopardize the safety and welfare of the residents of Sand Key to accommodate the wishes and profits of an outside commercial entity. I would hope that our civic leaders have a greater sense of responsibility to its citizens rather than outside commercial interests. If this were the case, they would not allow Legg Mason's proposal to go forward. Thank you again for your time. All the best, Michel Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. -----Original Message----- From: george.cretekos@myclearwater.com [mailto:george.cretekos@myclearwater.com] Sent: Tuesday, August OS, 2008 6:04 PM To: mnardi@nardilaw.com Cc: Diane.Manni@myClearwater.comi Pam.Akin@myClearwater.com Subject: RE: Legg Mason's Cabana Club Application Ms. Michel Nardi 2366 Sunset Point Road Clearwater, FL 33765 Dear Michel: Again, thank you for your comments and concerns regarding the "Cabana Club" 3 property. Not being an attorney, I rely on opinions of others, yourself included. I appreciate your arguments, but I still do not believe that a city council should require a property owner to indemnify another property owner for doing something to his property that is permissible. As you know, there are many legal factors that the Community Development Board (CDB) must consider in reviewing the Legg-Mason proposal, including what is public beach and what is permitted to be built forward of the "coastal construction line." You and others will be able to speak at that meeting, and the CDB will then make its decisions based on the laws both of us respect and uphold. With warm, personal regards, I am Sincerely, --george george n. cretekos member, clearwater city council 727-562-4050 george.cretekos@myclearwater.com (please note that under florida's public record laws, written communications, including e-mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Tue 8/5/2008 5:19 PM To: Cretekos, George Cc: Manni, Diane; 'Cynthia L. Remley, Esq. '; Watkins, Sherry Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Cretokos - There is the rub. The "sand" (as you put it) that Legg Mason desires to use for its exclusive commercial purposes does not belong to the Cabana Club. That sand extends beyond the sea wall which is where the Cabana Club's property line ends. Moreover, that sand did not exist until federal, state and local funds were used to put it there for the public! So ask the City Attorney if that changes her opinion regarding indemnification. The access to that sand was facilitated, among other things, by Dans Island granting an easement for the public access that is located between the Dans Island and Cabana Club property. So if the City does anything to jeopardize the renourishment efforts by allowing portions of the beach to become private, I don't see why it would not be potentially liable. I think the residents of Dans Island, such as myself, would definitely have a case. Does the City think it can just carve up portions of the beach so that some of it is private and some of it isn't and in that manner get around the whole public access issue? I certainly hope that is not the case. Right now there is probably less than 100 feet of "sand" from the sea wall to the water's edge in front of the Cabana Club property. About 20 feet of the beach has sea oats on it which were planted to secure the beach as much as possible. Legg Mason is asking for 25 feet - or 1/4 of the existing beach. What happens if a storm comes along and reduces that beach to 50 feet Then they would have 1/2 of the existing beach. What if the beach loses even more sand? You can see where I am going with this. At some point in time it 4 is very possible that the entire beach in front of the Cabana Club property would be totally inaccessible to Clearwater residents because of the City's shortsightedness and its failure to preserve what is rightfully theirs. I have seen the beach disappear with my own eyes. Granting Legg Mason's proposal would be a dangerous precedent for the City and in my opinion, an enormous mistake. In addition, it would be a slap in the face to all Clearwater residents. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. -----Original Message----- From: george.cretekos@myclearwater.com [mailto:george.cretekos@myclearwater.com] Sent: Tuesday, August OS, 2008 4:08 PM To: mnardi@nardilaw.com Cc: Diane.Manni@myClearwater.com Subject: RE: Legg Mason's Cabana Club Application Ms. Michel Nardi 2236 Sunset Point Road Clearwater, FL 33765 Dear Michel: This will acknowledge your further communication regarding the "Cabana Club" property and thank you for your kind words. The initial Sand Key Beach Renourishment project was a true community effort, and like you, I was pleased to have been part of that endeavor. For that reason, among others, I certainly agree that the City of Clearwater must not jeopardize its ability to secure renourishment funding. However, beach renourishment funding depends on public access, and neither the federal government nor the State of Florida considers all "sand" to be public beach. Still, I trust the Community Development Board (CDB) will be careful in its consideration of the Legg-Mason proposal for the "Cabana Club" property, and that you have expressed your further thoughts directly to the CDB through its staff is appreciated. Finally, in speaking with the City Attorney's office, I was not made aware of any authority a government has to require indemnification for permitting allowable use of one's property. Moreover, to require such a bond for possible initial loss of value to one party for any permitted use on another's property is highly questionable and cannot be restricted just to this case in my opinion. Also, I would presume that the argument would then be made for the reverse so that the one property owner could recoup some of his expenses if the "impacted" neighbor's property value rises because of the changes made. Again, thank you for your comments, and with warm, personal regards, I am 5 Sincerely. --george george n. cretekos member, clearwater city council 727-562-4050 george.cretekos@myclearwater.com (please note that under florida's public record laws, written communications, including e-mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Sun 8/3/2008 11:09 AM To: Cretekos, George Cc: 'Cynthia L. Remley, Esq. 'i Watkins, Sherry Subject: RE: Legg Mason's Cabana Club Application Dear Mr. Cretekos: Thank you for your response. I shall never forget your gracious support in our efforts to secure funding for the Sand Key Beach many years ago. I am concerned that our community leaders are becoming blinded by the big money promises of Legg Mason and are quietly forsaking the best ~nterests of their "real" constituents. I would therefore appreciate your keeping a vigilant eye on the Legg Mason application. I can not emphasize enough the importance of preserving the beach for the public. Over the years I have watched the depth of the beach diminish as a result of various storms. In addition to the numerous Code deviations requested in the Legg Mason application to maximize their profits as part of the construction of their hotel/restaurant, they have requested 25 feet of the public beach for the hotel's use. In principle I am totally opposed to anyone have exclusive use of our beach. However, should their plan be accepted, it may in fact jeopardize our ability to qualify for state or federal funding in the event of additional renourishment efforts. Would Legg Mason be willing to put up a bond adequate to indemnify the City against losses caused by their use of the beach and our inability to obtain state and federal funding for renourishment? Who will be willing to indemnify the residents whose home values will be negatively impacted by the City's granting Legg Mason's Code exceptions? Needless to say, I can appreciate the City's desire to rectify the hotel room shortage caused by the short sightedness of the leaders who permitted the construction of countless condominiums on Clearwater Beach in exchange for the destruction of the hotels and supporting businesses. But one mistake should not be compounded by permitting another. Legg Mason's proposal is a slippery slope. Thank you again. All the best- 6 Michel Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. From: george.cretekos@myclearwater.com [mailto:george.cretekos@myclearwater.com] Sent: Thursday, July 31, 2008 10:31 PM To: mnardi@nardilaw.com Subject: RE: Legg Mason's Cabana Club Application Ms. Michel Nardi 2236 Sunset Point Road Clearwater, FL 33765 Dear Ms. Nardi: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no a zoning application pending since the property is 7 currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I am pleased to note that you have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month. It is this board that will approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, --george george n. cretekos member, clearwater city council 727-562-4050 george.cretekos@myclearwater.com (please note that under florida's public record laws, written communications, including e-mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) -----Original Message----- From: Nardi, Michel [mailto:mnardi@nardilaw.com] Sent: Thursday, July 31, 2008 2:30 PM To: Hibbard, Frank; Gibson, Paul; Cretekos, George; Carlen.Peter@myclearwater.com; Doran, John; Watkins, Sherry Cc: 'Cynthia L. Remley, Esq. '; JanBchNews@aol.com Subject: Legg Mason's Cabana Club Application Dear Mayor and City Council Members: I am a full time resident of the City of Clearwater and have lived on Sand Key since 1991. I was also Chairman of the original Beach Renourishment Committee for the Sand Key Civic Association that was largely responsible for orchestrating the necessary requirements to qualify for federal, state and local funding for the beach that we are all able to enjoy today. It is therefore appalling to me that anyone in Clearwater would entertain Legg Mason's proposal to construct anything on the beach for the exclusive use of their commercial interests! What is the matter with all of you? The beach belongs to the public and should remain that way. In order to qualify for the necessary funding for the beach renourishment, we were required to provide adequate public parking and easements so that the public could readily access the beach. This could not have been accomplished without the generosity of many of the condominiums that donated land to provide access. Dans Island was one of the key players in this scenario; it contributed the land for the easement that borders on the Cabana Club property. 8 Now Legg Mason - a foreign entity - comes along and wants the City to bend all of the rules so that they can make more money than if they had to live within the existing rules. They are still going to be able to make money without the exceptions. But that is not enough. They want to make more. AND they want to have exclusive use of the beach in front of the Cabana Club that was always intended for the public enjoyment and the protection of the homes of Sand Key residents. In fact, we would never have qualified for the funding if the beach was to be used for private purposes. Should this be allowed - then every building along the beach should be entitled to similar treatment. Is this where the City really wants to go? I hope not. The beach should belong to everyone - not Legg Mason or anyone else that comes along and wants to make a quick buck at the expense of the residents of Clearwater. Michel Nardi Michel Nardi, P.A. 2366 Sunset Point Rd. Clearwater, FL 33765 (727) 446-8911 The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. 9 Wells, Wayne From: Sent: To: Subject: Watkins, Sherry Wednesday, August 06, 2008 8:08 AM Wells, Wayne FW: no cabana club hotel -----Original Message----- From: Julie Trumbo [mailto:jtrumbo@cbcast.com] Sent: Wednesday, August 06, 2008 7:57 AM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: no cabana club hotel all, we are writing as a resident of sand key opposing the proposed hotel/restaurant/code deviation requested by legg mason. haven't the residents of sand key made it loud and clear we consider sand key a residential area and no new non residential development is wanted? wasn't the shoppes on sand key issue made clear? we are asking that the request from legg/mason be rejected. we do not want a hotel, we do not want the extra traffic and we are APPALLED by the notion of a ferry! talk about an eyesore and destruction of the beach environment on all fronts! leave our beach alone! i would rather see the cabana club fall to pieces in ruin than a hotel. regards, the trumbos 1 Wells. Wayne From: Sent: To: Subject: Watkins, Sherry Wednesday, August 06,200812:33 PM Wells, Wayne FW: Cabana Club -----Original Message----- From: audreynopper@aol.com [mailto:audreynopper@aol.com] Sent: Wednesday, August 06, 2008 11:58 AM To: Watkins, Sherry Subject: Fwd: Cabana Club -----Original Message----- From: audreynopper@aol.com To: John.Doran@myclearwater.com Sent: Wed, 6 Aug 2008 11:52 am Subject: Fwd: Cabana Club -----Original Message----- From: audreynopper@aol.com To: Frank.Hibbard@myclearwater.com Sent: Wed, 6 Aug 2008 11:50 am subject: Cabana Club I am a resident of Sand Key and appalled that you would consider turning this residential area into another Clearwater Beach tourist resort. I lived in Indian Shores for a few years and moved +-........ C-::::a..,...,~ V.:::."tT rI"o i-,...." ............. ......l.A...I...I.......... ..I.\.......~ .........\...4_ ............. the transient occupancy of the Indian Shores area. The fact that it would be a five star resort doesn't change the bottom line of non-owner occupied. We do have many seasonal owners who town for a few months of occupancy. high building would have a negative and therefore the assessment should are paying very high taxes to this The fact also that this 10-story effect on the value of our property also be considedred. Thank you for your attention to this matter. I request that the code deviations not be approved. 1 .t.age 1 ot 1 Wells, Wayne From: Jbryanfirth@aol.com Sent: Thursday, August 07,200811 :23 AM To: waynewell@my clearwater .com Cc: ctarapani@f1design.com Subject: CABANA CLUB I live in Dans Island and support the proposed hotel development of the Cabana Club site. Bryan Firth (Suite 616) Looking for a car that's sporty, fun and fits in your budget? E~C;L[~YJ~W~,-Qll.AOLjjuto~. 8/11/2008 Wells. Wayne From: Sent: To: Subject: Watkins, Sherry Thursday, August 07,200811 :07 AM Wells, Wayne FW: Cabana Club -----Original Message----- From: Cretekos, George Sent: Wednesday, August 06, 2008 11:23 PM To: 'audreynopper@aol.com' Cc: Manni, Diane; Watkins, Sherry Subject: RE: Cabana Club Mrs. Audrey Nopper 1621 Gulf Boulevard, #502 Clearwater, FL 33767 Dear Mrs. Nopper: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month, the next one being August 19th. It is this board that has the authority to approve the site _1...._.... ,l.J..La.Ui::>. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, --george n. cretekos member, clearwater city council 727-562-4050 george.cretekos@myclearwater.com (please note that under florida's public record laws, written communications, including e- mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) -----Original Message----- From: audreynopper@aol.com [mailto:audreynopper@aol.com] Sent: Wednesday, August 06, 2008 11:57 AM To: Cretekos, George Subject: Fwd: Cabana Club -----Original Message----- From: audreynopper@aol.com 1 To: John.Doran@myclearwater.com Sent: Wed, 6 Aug 2008 11:52 am Subject: Fwd: Cabana Club -----Original Message----- From: audreynopper@aol.com To: Frank.Hibbard@myclearwater.com Sent: Wed, 6 Aug 2008 11:50 am Subject: Cabana Club I am a resident of Sand Key and appalled that you would consider turning this residential area into another Clearwater Beach tourist resort. I lived in Indian Shores for a few years and moved to Sand Key due to the transient occupancy of the Indian Shores area. The fact that it would be a five star resort doesn't change the bottom line of non-owner occupied. We do have many seasonal owners who are paying very high taxes to this town for a few months of occupancy. The fact also that this 10-story high building would have a negative effect on the value of our property and therefore the assessment should also be considedred. Thank you for your attention to this matter. I request that the code deviations not be approved. 2 ~ ~l:>- ~ ~~ ~ Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07, 2008 1: 13 PM To: Wells, Wayne Subject: FW: Legg Mason's Application -----Original Message----- From: Martin J Curry [mailto:mjcurryl021@verizon.net] Sent: Wednesday, August 06, 2008 6:06 PM To: Watkins, Sherry Subject: Fw: Legg Mason's Application ----- Forwarded Message ---- From: Martin J Curry <mjcurryl021@verizon.net> To: Frank.Hibbard@myc1earwater.com; Sherry <Watkins@myc1earwater.com>; J ohn.Doran@myc1earwater.com; George. Cretekos@myc1earwater.com; Carlin.Petersen@myc1earwater.com; Paul. Gibson@myclearwater.com Sent: Wednesday, August 6, 2008 5:09:26 PM Subject: Legg Mason's Application I wish to convey my strong opposition to Legg Mason's application to build a 10- story restaurant/hotel complex which is based on a number of variances to the existing Code. As a resident of the Isle of Sand Key Condominium, which is directly across the street .c..__ ..1..~~ _____~~,1 ~4__.~......_~ T .c~~1 ..1..~~ _____~_,1 _______1___ n_~11 ~_______L_ ..1_____ -- ...,.- BUIll Llll~ 'plU'pU~C;U MIU~lUIC;, 11C;C;1 Llll~ 'plU'pU~C;U ~Ulll'plC;X Wlll ~CVCICIY W:1IUagc LIIe integrity and serenity of this true residential area. A serious mistake was made earlier when approval was given to construct the existing Cabana Club in this area.Please don't allow this structure to be built with it's attendent parking, noise and aesthetic problems. Thank you for the consideration given to this appeal. Martin J. Curry 8/11/2008 page 1 at 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07,2008 1 :19 PM To: Wells, Wayne Subject: FW: Case #: FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: STEPHEN [mailto:stephen@contempo.ae] Sent: Wednesday, August 06, 2008 5:45 AM To: Watkins, Sherry Subject: Case #: FLD2008-02002 (1590 Gulf Blvd.) Att: Ms. Sherry Watkins RE: Case #: FLD2008-02002 (1590 Gulf Blvd.) Please see attached letter. Thank you. Stephen E. Eisenhart 1600 Gulf Blvd. Dan's Island # 618 Clearwater, Florida 33767 International Cell phone #: +97150-456-8200 Email: ~t~Qb~D@gQDIEZmPQ,g~ 8/11/2008 05 August 2008 Community Development Board Clearwater, Florida Gentlemen: I oppose Legg Mason's proposal to build a hotel with a 125 seat restaurant at the Cabana Club site, (File #FLD2008-02002), 1590 Gulf Blvd., because it seeks deviations from its code as follows: . That would drastically affect vertical visibility because it $eeks a height deviation from 25 feet that is allowed, to approximately 100 feet or 10 stories, . That would cause significant and widespread negative financial impact to surrounding and nearby properties, . That would not be compatible to the immediate area that is surrounded by residential condos and homes, . That is too massive for this site because the code requires a lot width of 200 feet and they want to build it on lot width of only 88 feet, . That does not provide adequate parking, . And to seize 25 feet of our public beach restored with taxpayer's dollars for its financial gain by putting cabanas and other structures on the site that wiii stay up all night. In addition, Legg Mason has stated its intentions to ferry guests by boat from its more than 500 room Belleview Biltmore hotel to the Cabana Club site, every hour-on-the-hour, 7 days a week up a canal of private boat docks and residential homes and condos resulting in undue hardship on the environment and our residential neighborhoods. I urge the City to support redevelopment of this site without deviations to its code. Thank you! Stephen E. Eisenhart 1600 Gulf Blvd Dan's Island # 618 Clearwater, Florida International Cell phone #: +97150-456-8200 ~ UOV .l U.l ~ Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07,20081 :20 PM To: Wells, Wayne Subject: FW: Legg-Mason hotel plans - located at 1590 Gulf Blvd.on Sand Key -----Original Message----- From: DufferRose@aol.com [mailto:DufferRose@aol.com] Sent: Tuesday, August 05,2008 1:03 PM To: Watkins, Sherry Subject: Legg-Mason hotel plans - located at 1590 Gulf Blvd.on Sand Key Sherry, can you forward this on to the Wayne Wells and the other CDB members? Thanks you so much. "Dear Mayor Hibberb and City Council members, I am an owner of a Cabana Club condominium and reside in Sand Key approximately 8 months of the year. I will very soon be a permanent resident. I am also a lifelong Floridian, raised in Hillsborough County but summering on the Pine lias beaches almost every year of my life. There are three issues that I would like to address about Legg Mason's plans to build at 1590 Gulf Blvd.: 1. Their taking of 25 feet of public beach access: One of the reasons that I love the Florida beaches so much is not just their beauty, but also because of their access to the public...and that is the variance that Legg-Mason is requesting that alarms me the most: The taking of 25 feet of public beach. It should not be an area taken away from the public for their own use by any private corporation - not for Legg-Mason, not for any condo in the future, and not for any commercial building in the future. Please do not grant them this public beach footage to use for any reason, to bui Id any structure upon, to set up their temporary cabanas on (they have their lounge chairs out on the public beach as if they own that portion of the beach now) - believe me, they already act as if they own all of the beach in front of their very small 88' wide space. 2. The environmental impact of building on that beach area will be huge as well. I live on this beach and see the sea oats that have been planted there and it is also an area where the sea turtles often nest. By granting Legg-Mason this particular variance, you could also be setting an unfortunate precedence, not only for Clearwater but for other beach communities in Florida. I believe that the City of Clearwater has already denied Legg-Mason this particular variance in writing this year and yet they persist in asking for it - as if they could not adjust their architectural plans without using this public beach footage. They simply don't want to change their plans because they believe they will be able to steamroll all of their variances through the CDB and then through City Council. 3. The Cabana Club Condominiums owners have bought our condos primarily because our documents say that 8/11/2008 t'age L at L we cannot rent out our condos for less than a six month period. On my floor alone, there are 6 full-time residents and 2, including myself, who reside here for most of the year (just not quite retirement age yet). We are not "of a transient nature, nor are we non-resident tourists'. Our owners have a great concern about the type and nature of the building that will be built beside us. Most of the condos on Sand Key also have this six month rental requirement, I believe there are only two condos that do not. Please do not be deceived by Legg Mason's Exhibit B, Section D, Response #1, p.6. That is just not factual. Yes, there are tourists down on Sand Key Park. The other variances the are asking for are indeed nervy: the CDB will also be asked to approve deviations to the Code - variances that include: .. Replacing the current structure with a 100-foot (or lO-story high) hotel/restaurant complex where the Code only allows for a 25-foot structure .. Reducing the number of parking spaces to support the proposed complex .. Eliminating or reducing the set backs from adjacent property lines. This is just not a good option for that small piece of space. I am certainly not against Legg Mason refurbishing their restaurant - it needs it. Or completely changing their plans to become a very small boutique restaurant/hotel of perhaps 10-12 rooms. I actually stayed in a small boutique restaurant/hotel (6 rooms) for my honeymoon in Houston - and it was a moneymaker for that owner, so it can be done. They just don't want to do that. They are trying to ram a very large square peg down a small round hole and it just won't fit...not unless you bow down and scrape and let them. Please don't. Thank you. Julie M. Rose 1582 Gulf Boulevard #1207 Clearwater, FL 33767 303-358-7745" Looking for a car that's sporty, fun and fits in your budget? Re_aJ!revi~W'~,-9n-f\_QL_l\l.ltQ~. 8/11/2008 ~ ac;" ~ U.L .L Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07,2008 1 :26 PM To: Wells, Wayne Subject: FW: Legg Mason Hotel planning -----Original Message----- From: Jane McCroary [mailto:mccroary@optonline.net] Sent: Saturday, July 26,2008 10:03 AM To: Watkins, Sherry Subject: Legg Mason Hotel planning Dear Ms. Watkins - I own a unit in South Beach I on Sand Key and am writing to express my opposition to the proposed code deviations required for the above initiative. I have owned property in the area for the past 10 years and it is my hope that the responsible officials will develop a more community-based longer range view when making decisions on the future of the community and also in how our tax dollars are earned and spent. We need to be mindful of what the community can bear in terms of additional occupancy, sacrifice of our wonderful beaches and cost burden to the residents. Let's be sure we have a decision for the greater good of the community. Thank you Jane McCroary 8/11/2008 Yage 1 at 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07,20081 :13 PM To: Wells, Wayne Subject: FW: Please distribute to Community Development Board Members and the City -----Original Message----- From: LikeGERE@aol.com [mailto:LikeGERE@aol.cam] Sent: Thursday, August 07,20088:37 AM To: Watkins, Sherry Subject: Please distribute to Community Development Board Members and the City Please distribute to Community Development Board Members and the City Manager, assistant City Manager, and Director of Planning. I have absolutely no objections to the zone variations necessary to complete the redevelopment of the hotel and restaurant at the Cabana Club. I believe that it will be an economic boast for the area. It is amazing to me that tax dollars are spent to evaluate what the area needs and when the evaluation comes back and says the area needs more hotel rooms to add to the tax base and less empty condos that these people are narrow minded enough to oppose what the area needs most. Please allow the building to begin! Byron Dougherty 346 Bahia Vista Indian Rocks Beach FI 33785 Looking for a car that's sporty, fun and fits in your budget? g~9(:tI?yi?W?QDAQJ.,~[\JJt9? 8/11/2008 t'age 1 at L Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07, 20081 :31 PM To: Wells, Wayne Subject: FW: Legg Mason Cabana Club Hotel -----Original Message----- From: PhyllisZeno@aol.com [mailto:PhyllisZeno@aol.com] Sent: Thursday, August 07, 2008 12:22 PM To: Watkins, Sherry Subject: Legg Mason Cabana Club Hotel Sherry -- Please distribute to Planning Board. Dear Planning Board Members: Don't be misled by Legg Mason's proposal for a hotel in the parkiing lot of the Cabana Club Restaurant. Their claim that a majority of the residents in the Cabana Club Condominiums are in favor of this hotel is totally false. Last August 2007, two past presidents of the Cabana Club Condominium Board, met with Martin Smith, Mgr. of the Belleview Biltmore, to ask for the hotel's sharing of the cost to build a new driveway to serve their restaurant and the condominiums jointly. Their cost to participate would be $34,000, or half of the bill. After encouraging our presidents to believe they would split the cost with us, the Cabana Club contracted to have the work done. At a later date, Tom Reynolds, lawyer for the Biltmore, wrote to our president, saying that since they would be tearing down the restaurant to build a new hotel, they did not feel it was worthwhile to repair our driveway for two years so they would not be contributing. Since we had already contracted to have the driveway built, we had to go ahead with the venture. In January, 2008, Legg Mason invited our board to a presentation of their plans to build a hotel next to us. In a private meeting with our president, George Mitrovich, Legg Mason agreed that if we were "good neighbors" and didn't present any problems toward the building of the hotel, they would then contribute to our driveway. Mitrovich, in a statement to the Clearwater Times, said that "Legg Mason had agreed to everything to his pleasing." At that point, he sent a survey to absentee owners on Cabana Club Condominums, stating that if they voted against the hotel, that Legg Mason would not share the cost of our new driveway, and he would resign from the board because he did not have time to attend to other pressing construction needs at the condo. The word was spread that to hire a lawyer to fight the hotel would cost us $125,000. At the same time, since our balconies needed replacement, we would be assessed for $750,000 to cover that. Were we really prepared to invest all of that money for a losing battle when obviously Legg Mason had deep pockets and would win anyway? That biased survey resulted in 52 of 90 owners voting in favor of the hotel, and 18 voting against it, while 20 did not vote. When the true facts were circulated, many of those who voted for the hotel, changed their vote to fight against it, causing a major upheaval on the board, with four members resigning, jncluding the president. By the time the board was reorganized, it was too late to mail a second survey, and Legg Mason has continued to claim that a high percentage of Cabana Club condo owners are in support of the hotel, when indeed, we are not in support of the hotel. Other Cabana Club residents will discuss the illegal variances that we are fighting at the August 19 meeting, but this is the background of the biased survey that Planning Board members should be aware of. 8/11/2008 Page'2ot2 Sincerely, Phyllis W. Zeno Cabana Club Resident with Homestead Exemption Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/11/2008 Wells, Wayne From: Sent: To: Cc: Subject: Cyndi Tarapani [CTarapani@f1design.com] Thursday, August 07, 2008 1 :56 PM Gerry Bollman Watkins, Sherry; Wells, Wayne; Tom Reynolds; Richard Heisenbottle; Amy Maguire Re: Cabana Club Dear Mr. Bollman: Thank you for your interest and comments on the project. The new building and parking will meet the required 10' setback along the south property line adjacent to Dan's Island. We are not requesting a variance for this setback. This setback area will be landscaped in accordance with the City's code. We have no plans to effect the public access sidewalk that is located on the north end of the Dan's Island property and cannot do so since the sidewalk and easement are NOT on the Cabana Club property. As you may know, the closest point of the Dan's Island building is located about 65' south of our common property line so there is currently a significant separation between the two properties which shall be maintained. In addition, the new building is oriented such that there is very little impact on the units on the north side of the Dan's Island building. Please also note that the proposed Cabana Club is six floors of hotel (67' tall) while Dan's Island is five floors taller at a total of 11 floors. We have made every effort to design a project with minimal impact on our neighbors while allowing a reasonable use of the property. I hope you will find this information helpful and I would urge you to confirm this with the City of Clearwater Planning Department or by reviewing our plans which are on file in their offices. To review the plans, I would suggest that you contact Sherry Watkins in the Planning Department at 562-4582. If I can be of further assistance, please do not hesitate to contact me. Thank you. >>> "Gerry Bollman" cgbollman@intrinsicvalue.com> 8/7/2008 1:35 PM >>> Dear Cyndi, Our concern is with the setback of the hotel from the southern property line of the Cabana Club property. Our understanding is that the hotel is planned to be virtually flush with the southern public access sidewalk, creating a massive and towering presence that will reduce the attractiveness of the Dan's Island 1600 property. Currently that area is occupied with parking and the pool area of the Cabana Club. We believe that a variance for the setback of the structure from the southern property line would create a subtantial change in the use of the property and should not be granted. Gerald W. Bollman, CFA 1600 Gulf Blvd, Suite 1012 1 Clearwater. FL 33767 (T) 727-517-3345 (M) 727-385-2022 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. Cyndi Tarapani Vice President, Planning Fiorida Design Consultants ctarapani@fldesign.com Office: 727-849-7588 Cell: 727-234-7857 Fax: 727-848-3648 2 page 1 01 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07,20082:07 PM To: Wells, Wayne Subject: FW: Cabana Club -----Original Message----- From: Gerry Bollman [mailto:gbollman@intrinsicvalue.com] Sent: Thursday, August 07,2008 1:36 PM To: ctarapani@fldesign.com Cc: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: Re: Cabana Club Dear Cyndi, Our concern is with the setback of the hotel from the southern property line of the Cabana Club property. Our understanding is that the hotel is planned to be virtually flush with the southern public access sidewalk, creating a massive and towering presence that will reduce the attractiveness of the Dan's Island 1600 property. Currently that area is occupied with parking and the pool area of the Cabana Club. We believe that a variance for the setback of the structure from the southern property line would create a subtantial change in the use of the property and should not be granted. Gerald W. Bollman, CF A 1600 Gulf Blvd, Suite 1012 Clearwater, FL 33767 (T) 727-517-3345 fM\ 7?7_~RFi_?(\?? '-."~.1 . -- --- ---- The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or pl'ivileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error. please contact the sender and delete the material from any computer. 8/11/2008 .L a5""'..l U-1-1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07,20083:49 PM To: Wells, Wayne Subject: FW: proposed cabana club hotel -----Original Message---n From: saschellstar@aol.com [mailto:saschellstar@aol.com] Sent: Thursday, August 07,20083:37 PM To: Watkins, Sherry Subject: proposed cabana club hotel my wife and i reside at 1581 gulf blvd unit 404 (our residence) and jsut want to go on record as opposing the proposed cabana club hotel for the various reasons. the property is 88 feet.. and they need 200 feet to build what they want? the height limit is 25 feet.. they want 67 - 100 feet? they want a commercial ferry in a residential canal? they want to use public beach and put cabanas on the public beach? they want to add additional parking to an area that already has a parking problem? the hotel will decreased many property values making others taxes increase to make up for that loss in revenue to the city? hope to see you all at the meeting on the 19th steve and joanne schell Looking for a car that's sporty, fun and fits in your budget? Bj:)13QL~yi!:lW~_QlJ_l'.QLj~,l,Jlm? 8/11/2008 page 1 ot 1 Wells, Wayne From: Ted Anderson [tedcapecod@verizon.net] Sent: Friday, August 08, 2008 7:54 AM To: Wells, Wayne Subject: Cabana Club on Sand Key! Wayne- My wife and I eat and utilize the facilities at the Cabana Club at least 2 times per week.We love the fabulous sunsets and everything the club has to offer.We are in full support of the Legg Mason plans to rebuild' and improve the Cabana Club. We are confident that any hurdles that may need to be overcome will be done so in a fair and expeditious manner so that we all can enjoy the benefits of an even better facility. It will be a huge plus to all in the Sand Key area. We urge you to support enthusiastically this renovation project. Ted and Dee Anderson 8/11/2008 rat.v 1 VIL.. Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 07, 2008 4:30 PM To: Wells, Wayne Subject: FW: LEGG MASONS 10 STORY HOTEL FLP2008-02002 - 1560 GULF BLVD. -----Original Message----- From: Cretekos, George Sent: Thursday, August 07, 20084:18 PM To: 'SPorter486@aol.com' Cc: Manni, Diane; Watkins, Sherry Subject: RE: LEGG MASONS 10 STORY HOTEL FLP2008-02002 - 1560 GULF BLVD. Mrs. Starr Porter 1560 Gulf Boulevard, #907 Clearwater, FL 33767 Dear Mrs. Porter: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the rneantime, I have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month, the next one being August 19th. It is this board that will approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, --george n. cretekos member, clearwater city council 727 - 562 -4050 geo rge .cretekos@myclearwater.com (please note that under florida's public record laws, written communications, including e-mails.to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) -----Original Message----- From: SPorter486@aol.com (mailto:SPorter486@aol.com] Sent: Thursday, August 07, 2008 3:53 PM 8/11/2008 page L ot L To: Cretekos, George Subject: LEGG MASONS 10 STORY HOTEL FLP2008-02002 - 1560 GULF BLVD. I AM OPPOSED TO THE ABOVE FOR THE FOLLOWING REASONS: TOO HIGH A STRUCTURE PARKING PROBLEMS BEACH PROBLEMS I HOPE YOU WILL OPPOSE (Mrs.) Starr Porter VARTEK, LLC Ph 727 595-1516 Fx 727 593-5858 sporter486@aol.com Looking for a car that's sporty, fun and fits in your budget? R~9.gJ~yi~WA_Qn_AQI"._AJJtQ~. 8/11/2008 l:'age 1 or 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08, 2008 8:29 AM To: Wells, Wayne Subject: FW: Legg Mason's Proposed Cabana Club Hotel -----Original Message----- From: Fgianas@aol.com [mailto:Fgianas@aol.com] Sent: Thursday, August 07,20085:11 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Legg Mason's Proposed Cabana Club Hotel Please Take Note We are againest the Legg Mason Cabana Club proposal for the following reasons The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. . The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. . There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. . Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. . Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential. re: Case #: FLD2008-02002 (1590 Gulf Blvd.) James Gianas And Francine L Gianas 1520 Gulf Blvd #1506 Clearwater Florida 33767 ************** Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-BMW-128-2008/expert-review?ncid=aolautO0050000000017 ) 8/11/2008 rage 1 or L Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:29 AM To: Wells, Wayne Subject: FW: cabana club support -----Original Message----- From: Richard Wisemiller [mailto:rtwisemiller@msn.com] Sent: Thursday, August 07, 2008 6:47 PM To: Cretekos, George Cc: Manni, Diane; Watkins, Sherry Subject: Re: cabana club support Thank you for the information, but many of us still have to work and cannot attend the meeting. I am afaid all they will see are the naysayers. There are many of us here on Sand Key who would welcome this project however we are afaid we will not be heard because of the roar of those who don't have a clear understanding. Being on the board I have found that Legg-Mason has not lied to us on anything that they proposed. They appear to be and honest and truth full organization who are willing to make sure their building doesn't affect the Cabana Club. Rich ----- Original Message ----- From :g~rge.~I~teJsQ~mycle~[Water. CQm To: rtwisemiller@msn.com Cc: Qi9n~_,M9nDt@rnyQJ~Qr:wl'tt~r .G.Qm ;$b_~n:y-,VlJaJ!sim;@my.c1~9r:wflt~LgQDJ Sent: Thursday, August 07,20084:43 PM Subject: cabana club support Mr. Rich Wisemiller 1582 Gulf Boulevard, #1206 Clearwater, FL 33767 Dear Mr. Wisemiller: Thank you for advising me of your interest in the proposed redevelopment of the "Cabana Club" property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg-Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I have also advised the Community Development Board and its staff representative of your support, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month, the next one being August 19th. It is this board that has the authority to approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am 8/11/2008 ~ -0- - -~ - Sincerely, --george n. cretekos member, clearwater city council 727-562-4050 g~o rg e. cLE1~_k9~@_rn'icl ea rwate r. co rn (please note that under florida's public record laws, written communications, including e-mails, to and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) -----Original Message----- F.rom: Richard Wisemiller [mailto:rtwisemiller@msn.com] Sent: Thursday, August 07, 2008 4:22 PM To: Hibbard, Frank; Doran, John; Watkins, Sherry; Gibson, Paul; Cretekos, George; Petersen, Carlen Subject: Cabana Club Project aka Legg Mason Please when you consider the construction of this project you look past just these vocal groups who have only their own interests in mind. They skew information, tell half truths, and use scare tactics to misinform the general public. You have a very tough job in front of you, but I know you always look out for what is best for all stake holders. I support this new venture and would love to see a high classy hotel and restaurant here at the Cabana Club Rich Wisemiller Board Member Cabana Club Condominum 8/11/2008 Wells, Wayne yage 1 at 1 From: Watkins, Sherry Sent: Friday, August 08, 2008 8:29 AM To: Wells, Wayne Subject: FW: Cabana Club Hotel -----Original Message----- From: miko chen [mailto:mikochen@optonline.net] Sent: Thursday, August 07, 2008 7:55 PM To: Hibbard, Frank; Doran, John; Watkins, Sherry; Gibson, Paul; Petersen, Carlen; Cretekos, George Subject: Cabana Club Hotel I am strongly opposing the building of the proposed cabana club hotel. Dr. Michael Chenouda & Dr. Aida Chenouda 1520 Gulf Blvd, Condo 1503 & 705 Clear Water, FL 33767 8/11/2008 rage 1 or 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:30 AM To: Wells, Wayne Subject: FW: Legg Mason -----Original Message----- From: Kathy Kirsch [mailto:kathct88@hotmail.com] Sent: Thursday, August 07,20088:50 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Cc: Rossi, Denise; cynthia@proremlaw.com Subject: Legg Mason I am EXTREMELY upset by the demands of Legg Mason to get SO many variances for their supposed property on Gulf Boulevard. This is a residential area. The reason I BOUGHT our property at 1621 Gulf Blvd is because of its quiet beauty. If I WANTED to be across a busy hotel, I would have bought on Clearwater beach!! They only have one acre to build on, and their plans are WAY too much for that one little acre. I don't mind if they build(it IS their property!!) but they need to play by the rules!! That is why there ARE rules, isn't it?!?!?! If they must build, they should have to follow the law. If we bend the rules for them, there will be many more behind them wanting more rules bent for THEM!! PLEASE don't let them deviate from the height and width rules, and ESPECIALLY PLEASE!! DON'T LET THEM EXTEND ON TO THE BEACH!!! That is MY beach, too!!!n the past, the water has made its way all the way up to the Cabana Club where it stands at this time. In the future, it WILL happen again, and if they are 25 feet closer to the existing water, and the beach errodes again, then I won't have any beach to walk!! Besides that, there are sea oats there that are posted untouchable, AND we had sea turtles give birth in that very cnnt illet l::let \/o"::tot"IIIDI.o.::lIco rlf"\n1t lot thorn t"llin nil... litHo. ::tot"O::ll "f tho hO'::lorh ""ith thai... r~h,="n':31 nl".:lnll ..,}JJ'-'''- JU..,I\,. IU..H.. 1.....\,.11...1 ......u..;o'- """'V, I \. I'-\. '-11'-111 I UIII VU, 11'-\.1'- UI.....U VI \.11'- u.........n...11 YVI\.II '-11\,..11 ....."..UJUII\..I t"'n...lll;; My quality of life is going to be affected by this build....My property value is going to decrease, my beach is going to be affected, there will be ALOT more traffic both right across from me AND on the beach!! Things on Sand Key are beautiful right now...PLEASE let it stay that way!!! Kathy and .Jim Kirsch 1621 Gulf Blvd,#206 Clearwater ,Fla 33767 Reveal your inner athlete and share it with friends on Windows Live.SQe'lfeDQwJ 8111/2008 l:'age 1 01 L Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:30 AM To: Wells, Wayne Subject: FW: Legg Mason's application to build a hotel on Sand Key (FLD2008-02002) -----Original Message----- From: mcgrathld@comcast.net [mailto:mcgrathld@comcast.net] Sent: Thursday, August 07, 2008 8:32 PM To: Hibbard, Frank; Doran, John; Watkins, Sherry; Gibson, Paul; Cretekos, George; Petersen, Carlen Subject: Legg Mason's application to build a hotel on Sand Key (FLD2008-02002) We are residents of the Grande on Sand Key and are opposed to Legg Mason's application to build a 10-story hotel at the Cabana Club Restaurant site, 1590 Gulf Boulevard (Case #: FLD2008-02002). We purchased our home 4 years ago and became voting Florida residents. When we were deciding where to purchase a home in Florida, we considered several different beaches along the West Coast and quickly made our decision when we drove over Clearwater Pass and saw the beauty and amenities on Sand Key. We are opposed to this application for the following reasons: __ The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. -- The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet (or 10 stories high) will negatively impact surrounding property values. As residents, we are very concerned about any effect on our property value. The current housing market is very depressed and forecasted to remain so for years. A further loss of value would be a large economic blow to the residents, as well as to the City of Clearwater and to Pinellas County since Sand Key provides -20% of Clearwater's property tax revenue. Should housing values go down, we would expect a decrease in our taxes commensurate with the loss in value. -- There is currently not enough parking. Adding a 38 room hotel with only 8 parking spaces makes the problem even worse. -- Taking 25 feet of public beach restored with taxpayers' dollars should be not be allowed. -- Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential would cause congestion and safety concerns. -- Unlike Clearwater Beach, which is clearly a beach community, Sand Key is almost entirely a residential community. Adding more hotels would change the character to more tourism and not provide any benefit for the residents. In fact, it would take away benefits. We are not opposed to development improvements but we believe they should be consistent with the nature of our existing residential community and in the best interests of Sand Key 8/11/2008 yage L or L residents. Thank you for your consideration. We hope you will support our position. Mike and Linda McGrath 1180 Gulf Boulevard, Unit 1105 Sand Key 8/1112008 rage 1 or 1 Wells, Wayne From: GEORGINA RODRIGUEZ [gralmar@verizon.net] Sent: Monday, August 11, 20084:19 PM To: Wells, Wayne Subject: CABANA CLUB We have a copy of the August 6th, 2008 letter from the Belleview Biltmore Resort to Sand Key residents. Accordingly, as long time residents ofthe community, we endorse the plans for the proposed Cabana Club site hotel and improvements. We urge approval of this plan. Mr. & Mrs. Manuel Rodriguez 8/11/2008 rage 1 01 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 11, 20084:28 PM To: Wells, Wayne Subject: FW: Legg Mason's Requested Deviations from Code -----Original Message----- From: Frank Van Dyke [mailto:frankvd@comcast.net] Sent: Monday, August 11, 20084:25 PM To: Frank Van Dyke Subject: Legg Mason's Requested Deviations from Code The purpose of this note is simply to ask your support to deny the numerous deviations from Code that are being requested by Legg Mason in his application to build a hotel on the current Cabana Club property. If these deviations are approved, there will have a big negative effect on the environment, use of what is now a public beach maintained by the taxpayers, and most of all to many of the residents who live adjacent to the proposed hotel. Please, don't let this happen on August 19th to our neighborhood...please! Frank Van Dyke 8/11/2008 Page 1 ot 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:30 AM To: Wells, Wayne Subject: FW: Save our neighborhood - opposition to hotel on Sand Key -----Original Message----- From: Ninety830@aol.com [mailto:Ninety830@aol.com] Sent: Thursday, August 07, 2008 9:20 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul; Watkins, Sherry Subject: Save our neighborhood - opposition to hotel on Sand Key Ladies and gentlemen: As an owner of a condo at Isle of Sand Key Condo, I am 100% against putting a hotel in the southern end of Sand Key..........Why? We are a residential community. If you allow this, you will be taking away 70% of the waterview that our condo has always had. If you allow this, you will devalue the value of our property. - not only ours, but all the others on Sand Key. If you allow this, you will create a parking problem........As it is, the visitors to the restaurant are already using off street parking, parking down the street at the park and many times in our parking lot against our wishes If you allow this, you will be opening the front door to other commercial developments on Sand Key. It has to stop.........Please think twice of the future consequence....... Sophia M. Payton - Isle of Sand Key Condo. ************** Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-BMW-128-2008/expert-review?ncid=aolaut00050000000017 ) 8/11/2008 yage 1 01 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08, 2008 8:30 AM To: Wells, Wayne Subject: FW: Cabana Club -----Original Message----- From: Homenetellen@aol.com [mailto: Homenetellen@aol.com] Sent: Thursday, August 07, 2008 9:19 PM To: Watkins, Sherry Subject: Cabana Club We have been vacationing in Clearwater Beach every summer for as long as I can remember. We knew that someday we would end up purchasing and retiring there. Last October we were ready to look for a condo. After researching the area we knew that Clearwater Beach was great for vacationing but to live there would be too co motional. When we crossed over the bridge to look at condos in Sand Key, we knew this was the place to live because it is residential. We purchased in the Harbour North. We found an end unit on the 5th floor with an unobstructed view of the gulf and the city park on the side of us. We had to pay more even in a down market because of the views. We were very disturbed to found out not even a year later that they were talking of building the Cabana Club into a resort or hotel. This would greatly affect our investment and make our residential area become like Clearwater Beach. We are also upset about them talking about taking some of the beautiful undisturbed beach. The wildlife on the gulf and the inter coastal is so precious and rare. Please!!!! Do Not Consider this Proposal. Sincerely Yours, n_......-J 1h.1_... C',.........-'..I/...... r'"\...____ rluuu I'H::VV 0i:lllUY I'\t;;:;;y VVVllt;;:;;l:> George & Ellen Fattal 1581 Gulf Blvd 501N 973-600-3665 Looking for a car that's sporty, fun and fits in your budget? B~9~:L!:~-",j~",,$_Q[LAQL,.ALJJQ? 8/11/2008 page 1 ot 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:31 AM To: Wells, Wayne Subject: FW: Save our neighborhood - opposition to hotel on Sand Key -----Original Message----- From: Ninety830@aol.com [mailto:Ninety830@aol.com] Sent: Thursday, August 07, 20089:51 PM To: Hibbard, Frank; Doran, John; Petersen, Carlen; Gibson, Paul; Watkins, Sherry; Cretekos, George Subject: Save our neighborhood - opposition to hotel on Sand Key LADIES AND GENTLEMEN: I am against Legg Mason's application to build the 10 story high hotel at the Cabana Club Restaurant site. PLEASE READ THE ATTACHED. IT STATES MY REASON FOR OPPOSITION TO THE HOTEL ON SOUTH SAND KEY. JAMES N. YELOUSHAN ISLE OF SAND KEY CONDO #902 1621 GULF BLVD., CLEARWATER, FL. 33767 ************** Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-BMW-128-2008/expert -review?ncid =aolautO00500000000 17 ) 8/11/2008 Auq 5, 2008 Mem to: Frank Hibbard, The City Qouncil and members of the COB: John Doran, Carlen Petersen, Paul Gibson, George Cretekos, and Sherry Watkins. Subject: Help Save Our Neigpbprndod - Sand Key Please bear in mind if you Clearwat~r (prop~JJ JJ"\' to condition between 75 0 200 sq.ft. home in bj.gbvC\r!~saccordjnc ousand dollards. . If you place this same home on the beach - it doubles in value. If you give it a view of the water, it will probably double again in value. If you place it on the waterfront, it will double again in value. Bearing the above in mind, If you approve the new hotel on Sand Key, across the street from my condo, the Isle of Sand Key: you will take away 70% of myYi~\IV,ofJhe Gulf and devalue my propery . Now I ask - who is going to replace the value we lose ir our property? You are!!!! Because all 126 of the owners will seek legal action immediately. All like minded will probably join hands. Please - Do not approve this project! ,~1 (:s )J VELD U5;-J I}7J 'j oLE or:- S~~J) KEY - Qo'2. lloZI GiJl..F BLVD, c.,U:.1" RvJ fi,E-f:, FL Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:31 AM To: Wells, Wayne Subject: FW: Legg Mason Hotel on Sand Key -----Original Message----- From: Debbie Ryan [mailto:debjryan@gmail.com] Sent: Thursday, August 07,2008 11:29 PM To: Watkins, Sherry Subject: Legg Mason Hotel on Sand Key Dear Ms. Watkins, Please be advised that I am overwhelmingly opposed to the Legg Mason application to build a 10 story high hotel at the Cabana Club Restaurant site. The size of the proposed building it too big for the lot as required by the current building code. The height of the building if far taller than the 25 feet the code allows and will depreciate many property values. The lack of parking spaces will most definitely cause people to park in adjacent parking lots and along the street which will cause an array of problems, but most importantl to me is the use of the canal between Marina Del Rey and The Moorings( all residential properties that I believe own the land half way out into the canal). This ferry will make these homes tourist spots with a ferry running every hour on the hour transporting tourists to the beach at the Cabana Club. Talk about reducing property values! Who would want a home with a back yard that is a public viewing area 12 times a day. Additionally, the encroachment onto 25 feet of the beach that our tax dollars went to restore just a few years ago is just not right morally and I would think even legally. We have a hard enough time keeping the beach from natural erosion without the help of a building taking an extra 25 feet of the beach away. IfLegg Mason is given a variance for these code requirements, it would seem to open the door to more variances which will destroy our beaches, our community, and our right to live peacefully in our homes. Everything is wrong about this request for a variance and I hope you will consider my plea to not approve it. Thanks for this consideration in your deliberation on this matter, Debbie Ryan 114 Marina del Rey Ct Clearwater Beach, Florida 33767 "Be kinder than necessary because everyone you meet is fighting some kind of battle." "Be kinder than necessary because everyone you meet is fighting some kind of battle." 8/11/2008 page 1 ot~ f Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08, 2008 8:31 AM To: Wells, Wayne Subject: FW: Cabana Club Conversion to a Hotel -Case #: FLD2008-02002 (1590 Gulf Blvd.) -----Original Message----- From: MPaysan@aol.com [mailto:MPaysan@aol.com] Sent: Friday, August 08,20087:15 AM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen; Wells, Wayne Subject: Cabana Club Conversion to a Hotel -Case #: FLD2008-02002 (1590 Gulf Blvd.) Subject: Case #: FLD2008-02002 (1590 Gulf Blvd.) We are writing to express our strong obiection to the Legg Mason application to build a 1 O-story high restaurant and hotel complex in place of the existing Cabana Club Restaurant located at 1590 Gulf Blvd. We ask you, as our representatives, to oppose any variations requested on subject case number for construction at the existing Cabana Club Restaurant. We are next door neighbors in Dan's Island and our concern and objections are the following: 1. The size of the proposed building is TOO big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. 2. The height of the proposed building is TOO tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. 3. There is not enough parking now. Adding a 38 room hotel but oniy 8 parking spaces makes the problem worse. 4. Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. 5. Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential. 6. There is already a high noise level from vehicle traffic in and out of the Cabana Club, and this would only increase if the Cabana Club conversion to a hotel would occur. 7. There are already enough hotels on Sand Key, and approval of the Cabana Club project will diminish our community environment and commercialize the area. We feel that our concerns must be heard by our decision makers, and we therefore ask that you support the wishes of a Dan's Island neighbor to reject subject Case #: FLD2008-02002 (1590 Gulf Blvd.) which is Legg Mason's application to build a 10-story high restaurant and hotel complex in place of the existing Cabana Club. Thank you, Michael paysan Mariaisabel paysan 1660 Gulf Blvd, # 903 Dan's Island Clearwater, FL 33767 8/11/2008 Page 1 ofY fl Wells, Wayne From: Watkins, Sherry Sent: Friday, August 08,20088:32 AM To: Wells, Wayne Subject: FW: Legg Mason Hotel -----Original Message----- From: Stvandor@aol.com [mailto:Stvandor@aol.com] Sent: Friday, August 08,20088:18 AM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Carlen .Peterson@myclearwater.com Cc: SPorter486@aol.com; JoeSandKey@aol.com; Cynthia@ProRemLaw.com; jofarnharn@yahoo.com; tmjefferys@yahoo.com Subject: Legg Mason Hotel I urge you to oppose the request by Legg Mason to build a 10 story high hotel on Sand Key at the Cabana Club restaurant site. We do not need more commercial development on Sand Key. The council voted to install buoys off the beach two years ago due to the dangerous operation of watercraft from the rentals at the Sheraton, Marriott and Shepards. The residents of Sand Key pay an incredible amount of taxes and use very few city services. We want to enjoy our investments and protect property values, we do not need another hotel!! In addition, this request by Legg Mason, requires several code variances that are bad for the look of Sand Key. The building proposed is too big for the 10Lcode requires a 200 ft wide lot ....they only have 88 ft. The height of the proposed building is too tall. Code allows for 25 ft. They are requesting 100ft. There is not enough parking now for the restaurant. A 38 room hotel with only 8 more spaces will make the problem worse. They are requesting 25 ft; of the beach!! This is paid for with taxpayers money!!! Operating a ferry boat for guests of a 450 room hotel will ruin our beach and turn it into something akin to downtown Clearwater. This ferry will operate in clear view of residences along the way. Please vote NO on this request and save the character of our beach and our property values!! Steve Van Dorselaer 1560 Gulf blvd #1005 Clearwater FI 33767 727 -415-7880 stvandor@aol.com 8/11/2008