The URL can be used to link to this page

APP2004-00007 APP2004-00007 752 ELDORADO AVE ROBERT D BASHAM PLANNER OF RECORD: JVS ATLAS # 249A ZONING: LMDR LAND USE: RU RECEIVED: 10/06/2004 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet '~, CLWCoverSheet ,~ '" ~ APP2004-00007 752 ELDORADO AVE Date Received: 10/06/2004 ROBERT D BASHAM ZONING DISTRICT: LMDR LAND USE: RU ATLAS PAGE: 249A PLANNER OF RECORD: JVS ~ 1" ':-tp~ \, .. , ~ Clearwater o~ ~ Planmng Department 100 South Myrtle Avenue Clearwater, FIonda 33756 Telephone 727-5fD.-45fJT Fax: 727-5fD.-4576 CASE #: DATE RECEIVED 10- RECEIVED BY (staff Initials) [J SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION [J SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION [J APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - RESI~OO~ [J APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - NON-RESIDENTIAL $250 00 [J APPEAL TO HEARING OFFICER $500 00 19~~~~~~ VI,; IlfU OCT 4 2004 il>> APPEAL APPLICATION Level One and Level Two RevIews (Rew;ed 02127/04) PLANNING & DEVELOPMENl SERVICES CITY OF CLEJ.\RWATER , '15d c/ dff-; cd.-o (T'JtF -PLEASE TYPE OR PRINT- APPUCATION/NOTICE OF APPEAL (Code Section 4-502.A & B) SectIon 4-502.A An appeal of a Level One approval (FlexIble Standard Development) may be Imbaled by a property owner abutting the property which IS the subject of the approval within seven days of the date the Development Order IS ISSued The filing of an appIlC8bon/notJce of appeal shall stay the effect of the decISIon pending the final determination of the case The heanng before the Community Development Board shall be scheduled at the first available meeting of the Board (sufficient to provide nobce under SectIon 4-2(6) and may be continued at that meeting of the Board so that the Board may receive more mformatlon, cIanficatIon, or research The Community Development Board shall render a dectslon at the meeting but not later than 70 days from the recetpt of the nobce of appeal, unJess the parties by mutual consent extend the time frame for the Board's decISion unbl a subsequent meeting SectIon 4-502 B An appIlcatIonInob of appeal of appeal of any decISIon of the City, as proVIded In SectIon 4-501, may be initiated by the applicant or any person granted party status wittun 14 days of the decision Such appIlC8tJon shall be filed with the City CIertt In a form spectfied by the Commuruly Development Coordinator IdentifYing WIth speaficIty the basis for the appeal and accompanied by a fee as reqUired by SectIon 4-202.E The filing of an appIlcatIonInob of appeal shall stay the effect of the deCISIon pending the final deterrmnatJon of the case ~ APPELlANT AND AGENT INFORMATION: PHONE NUMBER ~~,,",u~ ..,..A 13 -<.:r j.;l,- Lt'\"S - '-\--'t-bb ...., "So ) ~ ~" .." H AN]:) ~ \.-..~j FAX NUMBER u.. '*' 3> \\- 0-Q.~ ~'+-~ b APPElLANT NAME. s ~~~~~ MAILING ADDRESS AGENT NAME MAILING ADDRESS PHONE NUMBER FAX NUMBER B. APPEAL INFORMATION CHECK THE SPECIFIC APPEAL ApoeaIs to the Communitv Develooment Boanl o Orders, requJJerTlents, deCISIons or determinations made by an adrmmstratlVe official In the adrmmstratJon of the Community Development Code, except for enforcement acbons o AdminIStratIVe interpretations of the Community Development Code GY'level One (Flexible standard Development and Mlmmum standard) approval decISIons o DemaIs of any permit or lICenSe ISSUed under the proVISIons of the Community Development Code o AIry denl8ls deemed to have occurred as result of the fatlure of the Community DeveJopment CoonlJnator to act Wlthm the time limits provided In thIS Community DeveJopment Code 1" ~)- , ADDeals to a heanna officer a DecIsions of the Community Development Board regarding Level Two approvals a DeciSions of the Community Development Board regarding Level One approvals a OTHER (as allowed by Code) PLANNING & DEVELOPMEN1 SERVICES CITY OF CLEARWATEq ADDRESS OF SUBJECT APPEAL (If applicable) SPECIFIC CASE NUMBER TO BE APPEALED (If applicable) DATE OF DECISION C. BASIS OF APPEAL: Explain In detail the baSIS for the appeal Use additional sheets If necessary ~ r'>..= ~~ CL~~ ~ ~ ~\- ~=-~\c.. ~ f \ ClL ('\ nA '^-J 1'">\0 ~ C"QA.-~ I\AO 11 f:. ~,~ ~ . IL ~\ ~ ("v\l. ~o ~\.}c..,~ '" ~~ ~ D. SIGNATURE: /~~ SI~fPr;?~e- STATE OF FLORIDA. COUNTY OF PINELLAS <l Sworn to and subscribed bafor7... ,me thIS -+- day of , A D 20~ to me and/or by 'S~ tl ra , who IS personally known has produced ~ Y l; as identification I, the undersigned, acknowledge that all representations made In thIS application are true and accurate to the best of my knowledge JANENE L CROSBY S \Planning DepattmenMppllcation Forms'development revJew\4ppeal ApplIcation 2002 doc ~~ " ~.~ ~l EXPIRES JUN 23, 2006 <~;!,,;.:.....' Bonded through Advantage Notary Receipt #: 1200400000000010511 Date: 10/06/2004 -~Tb/6/2004 8 14 18AM ;10,_ ~...... Line Items Case No Tran Code DescriptIOn Revenue Account No Amount Paid APP2004-00007 Appeals Fee - ResIdentIal 010-341262 Line Item Total: 100 00 $100.00 Payments: Method Payer Imtlals Check No Confirm No How Received Amount PaId Check JOHN S BRITTON dr 601 In Person 100}>, /1, 'if"; Payment Total: $100.00 THIS IS NOT A PERMIT. This IS a receipt for an application for a permit This application Will be reviewed and you Will be notified as to the outcome of the application cRecclpt rpt Page I of I ,.;. '" CITY OF CLEAR~VATER ~rJlJ{JlU7L7Q-Q; ~ GO@.. ~t'.J\lOF 7I!t;f~~ A~~~\ 'e)'f,'''U'-flQ-~7p.:''''~ ",Vp;:::..I" "'";;/,,,,- ~~"'I~"~"""'''' ~~,,\.\I; "n":;,~~ q ~.:::f\~J\\"';. t)~~g~ ~~; --= ~l'~ ""~r==.::::- .,~~ ~~~TE~~1~~~ -""'-$.l6I1Y' f loNG RANGE PlANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 18, 2004 Mrs Sandra Bntton 750 Mandalay Avenue Clearwater, FL 33767 RE. Development Order regardmg case APP2004-00007 at 752 Eldorado Avenue Dear Mrs Bntton ThIS letter constItutes a Development Order pursuant to SectIon 4-206 D 6 of the Commumty Development Code. On November 16, 2004, the Commumty Development Board (CDB) reVIewed your appeal applIcatIon of the deCISIon of a Level One (FleXIble Standard Development) that approved an applIcatIOn reducmg the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and to allow a concrete wall four feet m heIght along the front (south) property lme and a non-opaque (wrought Iron type) fence along the front (east) sIde of the bUlldmg, under the prOVISIons of SectIon 2-203.C (FLS2004-05033), under the appeal prOVISIons of SectIon 4-501 of the CommunIty Development Code The CommunIty Development Board demed the appeal applIcatIon because the appellant dId not show complIance WIth all of the followmg cntena 1) The deCISIon appealed from illlsconstrued or mcorrectly mterpreted the prOVISIons of the Commumty Development Code, and 2) That the declSlon wIll be m harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) WIll not be detnmental to the publIc health, safety and general welfare The deCISIOn of the Commumty Development Coordmator under Case No. FLS2004-05033 was confirmed by a maJonty of the members of the CDB Please be aware that an appeal of the CDB deCISIon must be mItIated WIthm 14 days of the date of the deCISIOn by the Board The appeal penod for your case wIll expIre on November 30, 2004 If you have any questions, please do not heSItate to call, John Schodtler, Planner I, at 727-562-4604 CynthIa Tarapam, AICP Plannmg DIrector Cc Harry S Clme S IPlannmg DepartmentlC D BIAPPEALS\Eldorado 752 Basham - APP2004-00007 - Demed\Eldorado 752 Development Order doc BRIAN J AUNGST, MAYOR-COMMI~SlONER HOYT HAMlITON, VICE MAYOR-COMMI~SIONFR WHITNEY GRAY, CO\IMI'i~IOI';FR FRANK HII3BARD, COMMISSIONfR * BlII JONSON, CO~IMI~"O!\FR "EQUAl EMPLOYMrNT AND AFI IRMA1 lye AC1 ION EMPIOYfR" .. <<" ~"l-t ""'" lL 0/ \~ ~\. ~~e: tllrwater ~ '<4~!,.,,}--7~ ~~r!~~v;:S< ReVIsed 11/16/2004 u CONSENT AGENDA CO~TYDEVELOPMENTBOARD Date: Tuesday, November 16,2004 Time: 1 00 p m * Place: 112 South Osceola Street, 3rd Floor, Clearwater, Flonda, 33756 (City Hall CouncIl Chambers) * Note: This is an earlier start time - Level Two and Level Three cases will not be reviewed prior to 2:00 p.m. Welcome the CIty of Clearwater Commumty Development Board (CDB) meetmg The CIty strongly supports and fully complIes WIth the Amencans WIth DIsabIlItIes Act (ADA). Please adVIse us at least 72 hours pnor to the meetmg If you requrre special accommodatIOns. ASSIsted IIstemng deVIces are avaIlable. An oath WIll be admImstered sweanng m all partIcIpants m publIc heanng cases. If you WIsh to speak please walt to be recognIzed, then state and spell your name and provIde your address Persons speakmg before the CDB shall be lImIted to three mmutes unless an mdlvIdualIs representmg a group m whIch case the Charrperson may authonze a reasonable amount of tIme up to 10 mmutes Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. that are distracting during the meeting. Flonda Statue 2860105 states Any person appealIng a deCISIon of tlns Board must have a record of the proceedmgs to support such appeal Commurnty Development Code SectIon 4- 206 reqUIres that any person seekmg to: personally testIfy, present eVIdence, argument and witness, cross-examme WItnesses, appeal the deCISIon and speak on reconSIderatIOn requests should request party status dunng the case dISCUSSIOn Party status entItles partIes to personally testIfy, present eVIdence, argument and WItnesses, cross-examme Witnesses, appeal the deCISIOn and speak on reconSIderatIon requests If you have questIons or concerns about a case, please contact the staff presenter from the Plannmg Department lIsted at the end of each agenda Item at 727-562-4567 * Make Us Your Favonte! www.myclearwater com/gov/depts/plannmg Commumty Development Board Consent Agenda - November 16, 2004 - Page 1 of 9 A. CALL TO ORDER VOCATION, PLEDGE OF ALLEGL -':E '<I B. ROLL CALL: ChaIr Gildersleeve, VIce ChaIr PlIsko, Members Johnson, MIlam, Moran, Alternate Member (Dennehy), Welcome to new Board member Dana Tallman, CIty Staff c. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 19,2004 D. DISCUSSION ITEM (Items 1 - 2) 1. Expert Witness List Addition 2. Downtown Design Guidelines Training E. REQUEST FOR CONTINUANCE (to December 14,2004 Meetmg) (Item 1) This case will not be reviewed prior to 2:00 p.m. 1. Case: FLD2004-02010 - 503 Marshall Street Level Two ApplzcatlOn Owner/Applicant: 1504 Garden Inc Representative: HashIm SullaIman (1504 N. Garden Avenue, Clearwater, FL 33755, phone 727-542-2629, fax 727-813-910-1285, emaIl hsullaIman@aol com) Location: 0 18 acres located at the southeast comer of Marshall Street and North Fort Hamson Avenue Atlas Page: 268B Zoning District: CommercIal (C) Request: FleXIble Development approval to permIt retaIl sales wIthm an eXIstmg two-story commercIal bUlldmg wIth a reductIon to lot area from 10,000 square feet to 7,720 square feet, a reductIon to lot WIdth (west) from 100 feet to 5081 feet, reductIons to the front (north) setback from 25 feet to 19 feet (to eXIstmg and proposed bUlldmg) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductIons to the SIde (south) setback from 10 feet to one-foot (to eXIstmg and proposed bUlldmg) and from 10 feet to zero feet (to proposed pavement) and a reduction to reqUIred parlang from five to 4 5 spaces per 1,000 square feet, as a ComprehensIve Infill Redevelopment ProJect, under the provIsIOns of SectIon 2-704 C, and a reductIOn to the landscape buffer along the south property lme from five feet to zero feet and a reductIon m the WIdth of the reqUIred foundatIon landscapmg adjacent to the buIldmg (west SIde) from five feet to 3.75 feet, as part of a ComprehensIve Landscape Program, under the prOVIsIons of SectIOn 3-1202 G Proposed Use: RetaIl sales and servIces Neighborhood Associations: Old Clearwater Bay NeIghborhood AssocIation (VICky Morgan, 301 Cedar Street, Clearwater, FL 33755, phone' 727-461-1995, emall vmorgan@tampabayrr com), North Myrtle Avenue ASSOCIatIOn, (Tom Selhorst, 1010 Blanch B LIttleJohn, Clearwater, FL 33755, phone 727- 443-3699), North Greenwood ASSOCIation, Inc (Jonathon Wade, 908 Pennsylvama Ave, Clearwater, FL 33755), Clearwater NeIghborhoods CoalItIOn (Doug WIllIams, PreSIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725- 3345, emaIl Dlw@gte net) Presenter: Wayne M Wells, AICP, Planner III Commumty Development Board Consent Agenda - November 16, 2004 - Page 2 of 9 F. CONSENT AGENJ..r The following cases are not contested b J .e apphcant, staff, neIghbonng property owners, etc and wIll be approved by a smgle vote at the begmmng of the meetmg (Items I - 7) These cases will not be reviewed prior to 2:00 p.m. ~ 1. Case: FLD2004-07052 - 229 and 301 South Gulfvlew Boulevard and 230, 300 and 304 Coronado Dnve (Related to DV A2004-00002) Level Two ApphcatLOn Owner: Beachwalk Resort, LLC (fka Clearwater Seashell Resort, L C) Applicant: Taub PropertIes, Inc Representative: Housh Ghovaee, NorthsIde EngIneenng ServIces, Inc (601 Cleveland Street, SUIte 930, Clearwater, FL 33755, phone 727-443-2869, fax 727-446-8036, emaIl nestech@mmdsprmg com) Location: 1 63 acres located between South GulfvIew Boulevard and Coronado Dnve at ThIrd Street Atlas Page: 276A Zoning District: Tounst (T) Request: FlexIble Development applIcation to amend a prevIOusly approved FL 01-01-01 (CDB approved on February 20,2001) to permIt an addItIonal 24 overnIght accommodation umts from the densIty pool (m addItIon to the prevIOusly approved 250 overnIght accommodatIon umts) as a mIxed use, WIth a maXImum of 70,000 square feet of amemtIes accessory to the hotel and a mImmum of 400 publIc parkIng spaces, as a ComprehensIve Infill Redevelopment ProJect, under the provIsIOns of SectIon 2-803 C Proposed Use: Hotel of 250 rooms (15337 rooms/acre on total sIte), 18 attached dwellIngs (11 04 umts/acre on total sIte) and a maXImum of 70,000 square feet (0 98 FAR on total sIte) of amemtIes accessory to the hotel, at a heIght of 150 feet (to roof deck) Neighborhood Associations: Clearwater Beach ASSOCIatIOn (DaVId MacNamee, 827 Mandalay Ave, Clearwater, FL 33767, phone 727-446-5801, emaIl dmacnav(iV,att net), Clearwater NeIghborhoods CoalItion (Doug WIllIams, PreSIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345, emaIl Dlw@gte net) Presenter: Wayne M Wells, AICP, Planner III 2. Case: DV A2004-00002 - 229 and 301 South Gulf VIew Boulevard and 230, 300 and 304 Coronado Dnve (Related to FLD2004-07052) Level Three ApplzcatLOn Owner: Beachwalk Resort, LLC (fka Clearwater Seashell Resort, L C ) Applicant: Taub PropertIes, Inc Representative: Housh Ghovaee, NorthsIde Engmeenng ServIces, Inc (601 Cleveland Street, SUIte 930, Clearwater, FL 33755, phone 727-443-2869, fax 727-446-8036, emaIl nestech(a),mmdspnng com) Location: 1 63 acres located between South GulfvIew Boulevard and Coronado Dnve at ThIrd Street Atlas Page: 276A Zoning District: Tounst (T) Request: ReVIew of, and recommendatIOn to the CIty CouncIl, of an amended Development Agreement between Clearwater Seashell Resort, LC, (the property owner) and the CIty of Clearwater (prevIOusly approved DA 01-01-01 by CIty Council on March 1,2001) Proposed Use: Hotel of 250 rooms (15337 rooms/acre on total sIte), 18 attached dwellmgs (11 04 umts/acre on total sIte) and a maXImum of 70,000 square feet (0 98 FARon total sIte) of , amemtIes accessory to the hotel, at a heIght of 150 feet (to roof deck) Neighborhood Associations: Clearwater Beach ASSOCIation (DaVId MacNamee, 827 Mandalay Ave, Clearwater, FL 33767, phone 727-446-5801, emaIl dmacnav@att net), Clearwater NeIghborhoods CoalItIon (Doug WIllIams, PreSIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345, emaIl D]w@gte net) Presenter: Wayne M Wells, AICP, Planner III Commumty Development Board Consent Agenda - November 16, 2004 - Page 3 of 9 . 3. Case: FLD2004-08C - 1250 Palmetto Street Level Two ApphcatLOn Owner: CIty of ClearWater Applicant: Le'Azon Technology InstItute, Inc Representative: Laron Barber, (P 0 Box 4097, Clearwater, FL 33758, phone 727-712-9733) Location: 0379 acres located at the northeast corner of Palmetto Street and Holt Avenue Atlas Page: 269B Zoning District: InstItutIOnal (1) Request: FlexIble Development approval to permIt a socIal pubhc servIce agency m the InstitutIOnal DIstnct, wIth devIatIOns to allow a SOCIal publIc servIce agency adJacent to resIdentially zoned property and to allow a socIal publIc servIce agency wlthm 1,500 feet of an eXIstmg socIal pubhc servIce agency, as a ComprehenSIve Infill Redevelopment ProJect, under the provlSlons of SectIOn 2-1204 A Proposed Use: Non-profit educatIonal training faCility Neighborhood Association: North Greenwood ASSOCIatIOn, Inc (Jonathon Wade, 908 Pennsylvama Avenue, Clearwater, FL 33755, phone 461-5291), Clearwater NeIghborhoods CoalItiOn (Doug Wllhams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone. 727-725- 3345, emall Dlw@gte net) Presenter: Frank "ChIp" Gerlock, Development ReVIew Manager 4. Case: ANX2004-08012 - 1208 ClaIre Dnve Level Three ApphcatLOn Owner/Applicant: Rtchard Stover (11739 Tarpon Spnngs Road, Odessa, FL 33556, phone 813- 920-1099) Location: 0 212-acres located on the north SIde of ClaIre Dnve, approxImately 550 feet west of Betty Lane Atlas Page 269A Request (a) AnnexatIon of 0 212-acres to the CIty of Clearwater, (b) Land Use Plan amendment from the ReSIdentIal Low (RL) Category (County) to the ReSIdentIal Low (RL) Category (CIty of Clearwater), and (c) Rezonmg from the R3, Smgle Family ReSIdentIal DIstnct (County) to the Low MedIUm DenSIty ReSIdential (LMDR) DIstnct (CIty of Clearwater) Proposed Use: Smgle-family home Neighborhood Association(s): North Greenwood AssocIatIon, Inc (Jonathon Wade, 908 Pennsylvama Ave, Clearwater, FL 33755), Clearwater NeIghborhoods CoalItIOn (Doug WIlhams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761; phone 727-725-3345; emaIl. Dlw@gtenet) Presenter Gma Clayton, Long Range Plannmg Manager. Commumty Development Board Consent Agenda - November 16,2004 - Page 4 of9 , 5. Case: FLD2004-060 1425 Sunset POint Road Level Two ApphcatlOn Owner/ Applicant: Schlau PropertIes Co Representative: TImothy A Johnson, Jr, Esq, Johnson, Pope, Bokor, Ruppel & Bums, LLP (911 Chestnut Street, Clearwater, FL 33756, phone 727-461-1818, fax 727-462-0365, emaIl tImJ@Jpfirm com) Location: 038 acres located on the south SIde of Sunset Pomt Road, approxImately 400 feet east of the intersectIon ofKmgs HIghway and Sunset Pomt Road Atlas Page: 26lA Zoning District: Office (0) Request: FlexIble Development approval to allow RetaIl Sales and ServIce (a funeral home) as a pnmary use m the Office Zomng DIstnct, wIth a reductIon of the front setback from 25 feet to 13 feet (to pavement), reductIons of the SIde (east) setback from 20 feet to four feet (to bUlldmg and SIdewalk), a reductIOn of the SIde (west) setback from 20 feet to eIght feet (to pavement), and a reductIOn of the rear setback from 20 feet to 11 feet (to pavement), as a ComprehensIve Infill Redevelopment ProJect under the provIsIOns of Section 2-1004 B and as a ComprehensIve Landscape Plan, under the provIsIOns of SectIOn 3-1202 G Proposed Use: Funeral Home Neighborhood Associations: Clearwater NeIghborhoods CoalItion (Doug WIllIams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345; emaIl Dlw@gte net) Presenter: MIchael H Reynolds, AICP, Planner III 6. Case: FLD2004-07054 - 111 South Belcher Road Level Two ApphcatlOn Owner/Applicant: Ocean PropertIes of Clearwater, LLC (3891 Coquma Key Dnve SE, St Petersburg, FL 33705, phone 727-820-9826, fax 727-527-6084) Location: 072 acres located on the east SIde of Belcher Road, approxImately 1,300 feet south of the mtersectlOn of Drew Street and South Belcher Road Atlas Page: 290A Zoning District: CommercIal (C) Request: flexIble Development approval to permIt retaIl sales wIthm an eXIstmg one-story commercIal bUlldmg WIth reductIOns to the front (west) setback from 25 feet to SIX feet (to eXIstmg buIldmg) and from 25 feet to 125 feet (to proposed pavement), a reductIOn to the SIde (south) setback from 10 feet to four feet (to eXIstmg and proposed pavement), as a FleXIble Development ProJect, under the provIsIOns of Section 2-704 N, and reductIOns to the landscape buffers along the south property hne from five feet to four feet and a reduction m the front (west) landscapmg adJacent to the bUlldmg (west SIde) from 15 feet to SIX feet, as part of a ComprehensIve Landscape Program, under the provIsIons of SectIon 3-1202 G Proposed Use: RetaIl Sales and ServIces Neighborhood Associations: Clearwater NeIghborhoods CoalItIOn (Doug WIllIams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345, emaIl Dlw@gte net) Presenter: MIchael H Reynolds, AICP, Planner III Commumty Development Board Consent Agenda - November 16, 2004 - Page 5 of 9 " 7. Case: FLD2004-080 2201 Gulf to Bay Boulevard Level Two Apphcatwn Owner: EllIs & Co , Ltd , a Flonda LImIted PatnershIp Applicant: Peter Manch, (410 South Lmcoln Avenue, SUIte B, Clearwater, FL 33756, phone 72 7 -461-2402, fax 727-447-7243, emaIl mar410@aol com) Location: 0 488 acres located at the southeast comer of the intersectIOn of Belcher Road and Gulf-to-Bay Boulevard Atlas Page: 299A Zoning District: CommercIal (C) Request: FlexIble Development approval for the change of use of an eXistmg automobIle servIce statIOn to a 2,266 square foot restaurant, wIth a reductIOn to the front (west) setback from 25 feet to 15 feet (to pavement), a reductIOn of the front (north) setback from 25 feet to 15 feet (to pavement), reductIons of the SIde (east) setback from 10 feet to three feet (to bUlldmg), from 10 feet to zero feet (to extenor seatmg wood deck), and from 10 feet to zero feet (to dumpster enclosure), a reductIon of the SIde (south) setback from 10 feet to zero feet (to pavement) and from 10 feet to two feet (to dumpster enclosure), a reduction In the reqUIred parkmg from 34 spaces to 21 spaces, as a ComprehensIve Infill Redevelopment ProJect, under the provisIOns of SectIon 2-704 C , and as part of a ComprehensIve Landscape Program, under the provIsIOns of SectIOn 3-1202 G Proposed Use: Restaurant Neighborhood Association: Skycrest NeIghbors (Ehzabeth France, 1629 Cleveland Street Clearwater, FL 33765, phone' 727 442-5856, emaIl eaf5054@earthlInk net emallto eaf5054@earthlmk net), Clearwater NeIghborhoods CoalItIOn (Doug WIllIams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345, emall Dlw@gte net) Presenter: MIchael H Reynolds, AICP, Planner III G. CONTINUED ITEM (Item 1 ) These cases will not be reviewed prior to 2:00 p.m. 1. Case: FLD2004-06044 -115 North Keystone Dnve Level Two Apphcatwn Owner/Applicant: DavId and Sharon Cote (111 North Keystone Dnve, Clearwater, FL 33755, phone 727-455-2130, fax 727-461-1649) Location: 0 162 acres located at the southeast comer of North Keystone Dnve and Grove Street Atlas Page: 288B Zoning District: Low MedIUm DenSity ResIdentIal (LMDR) Request: FleXIble Development approval for (1) the Termmatlon of Status of NonconformIty for densIty for the purpose of addmg a two-car garage, under the provIsIOns of Section 6-109, and (2) the expansIOn of attached dwelhngs WIth a reductIon to the front (north) setback from 25 feet to 20 feet (to bUlldmg) and a reduction to the SIde (south) setback from 10 feet to five feet (to bulldmg), as a ResIdentIal Infill ProJect, under the provIsIOns of SectIon 2-203 C, and a reductIOn to the landscape buffer along the south property lme from 10 feet to five feet, as part of a ComprehensIve Landscape Program, under the provlSlons of SectIon 3-1202 G Proposed Use: ConstructIOn of a two-car attached garage m associatIon WIth an eXIstmg nonconformmg attached dwellIng (duplex) Neighborhood Associations: Keystone Manor (Ken Stnckland, 1634 Laura Street, Clearwater, FL 33755), Skycrest NeIghbors (ElIzabeth France, 1629 Cleveland Street, Clearwater, FL 33765, phone 727-442-5856, emaIl eaf5054@earthhnk netmallto eaf5054@earthhnk net), Clearwater NeIghborhoods CoalItIon (Doug WIllIams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345, emall Dlw@gte net) Presenter: Wayne M Wells, AICP, Planner III Commumty Development Board Consent Agenda - November 16, 2004 - Page 6 of 9 -, , H. LEVEL TWO APPLICATION (Item 1) These cases will not be reviewed prior to 2:00 p.m. 1. Case: FLD2004-08059/TDR2004-08008 - 15 - 17 Avalon Street and 16 Kendall Street Owners: Lamer Beach Club LLC, Allan J Crooker and McSmIth Inc Applicant: Aqua Sun Development, LLC Representative: Housh Ghovaee, NorthsIde Engmeenng ServIces, Inc (601 Cleveland Street, SUIte 930, Clearwater, FL 33755, phone 727-443-2869, fax 727-446-8036, emaIl nestech@mIndspnng com) Location: 0 299 acres located between Avalon Street and Kendall Street, approxImately 200 feet west of Mandalay Avenue Atlas Page: 258A Zoning District: Tounst (T) Request: (1) TerminatIOn of Status of NonconformIty for density (15 overnIght accommodatIOn umts - to be converted to 11 dwellmg umts), under the prOVIsIOns of SectIon 6-109, (2) FleXIble Development approval to permIt a total of 13 attached dwellIngs m the MedIUm HIgh DenSIty ReSIdentIal (MHDR) DIStrIct and Tounst (T) DIstnct WIth reductIons to lot area In the MHDR DIstnct from 15,000 square feet to 8,700 square feet and m the T DIstnct from 10,000 square feet to 4,350 square feet, reductions to lot wIdth m the MHDR DIstnct from 150 feet to 100 feet and m the T DIstnct from 100 feet to 50 feet, reductions to the front (north along Avalon Street - MHDR DIstnct) setback from 25 feet to 10 feet (to bUlldmg) and from 25 feet to zero feet (to dumpster stagmg pad), a reductIOn to the sIde (west - MHDR District) from 10 feet to zero feet (to bUlldmg), a reductIOn to the rear (south - MHDR DIstnct) from 15 feet to 10 feet (to bUlldmg), a reductIOn to the front (south along Kendall Street - T DIstnct) from 15 feet to 10 feet (to bUlldmg), a reductIon to the sIde (west - T DIstnct) from 10 feet to zero feet (to bUlldmg), an mcrease to bulldmg heIght m the MHDR DIstnct from 30 feet and m the T DIstnct from 35 feet to 695 feet (to roof deck) WIth penmeter parapets of 367 feet (from roof deck) and decoratIve roof structures of 10 1 feet (from roof deck) and to permIt a buIldmg wIthm the VISIbIhty trIangles, as a ReSIdential Infill ProJect m the MHDR DIstnct and as a ComprehensIve Infill Redevelopment ProJect m the T DIstnct, under the proVIsIOns of SectIons 2-404 F and 2-803 C, (3) ReductIon to the front penmeter buffer along Avalon Street m the MHDR DIStrIct from 10 feet to zero feet (to dumpster stagmg pad) and a reduction to the SIde (west) landscape buffer ill the MHDR DIstnct from 10 feet to zero feet (to bUlldmg), as a ComprehensIve Landscape Plan, under the prOVIsIons of Section 3-1202 G, and (4) Transfer of Development RIghts (TDR2004- 08008) of one dwellmg umt to thIS SIte from 321 Coronado Dnve, under the prOVlSlons of SectIon 4-1402 Proposed Use: Attached dwellIngs (13 condommlUm umts) Neighborhood Associations: Clearwater Beach AssocIatIOn (DavId MacNamee, 827 Mandalay Ave, Clearwater, FL 33767, phone 727-446-5801, emall dmacnav(lUatt net), Clearwater NeIghborhoods CoalItIon (Doug WIllIams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345, emall' Dlw@gte net) Presenter: Wayne M Wells, AICP, Planner III Commumty Development Board Consent Agenda - November 16, 2004 - Page 7 of 9 I. CONSIDERATION OF LEVEL 1 APPEAL (Item 1) This case will not be reviewed prior to 2:00 p.m. , 1. Case: APP2004-00007 -752 Eldorado Avenue Level One AppbcatlOn Owners: Robert D Basham (2202 North Westshore Boulevard, SUIte 500, Tampa, FL 33607) Applicant/Appellant: Sandra Bntton (750 Mandalay Avenue, Clearwater, FL 33767, phone 727- 443-4466) Location: 0 151 acres located at the northwest corner of the mtersectIon of Eldorado Avenue and Bohema CIrcle Atlas Page: 249A Zoning: Low MedIUm DensIty ResIdential (LMDR) Request: An appeal of the declSlon of a Level One application (Flexible Standard Development case FLS2004-05033), under the provIsIOns of Section 4-501, that approved an apphcatlOn reducmg the front (east) setback from 25 feet to 10 feet (to bUIlding), reducmg the front (south) setback from 25 feet to 10 feet (to building), mcreasmg the heIght of a wall from three feet to seven feet m the front (east and south) setbacks, as part of a ReSIdentIal Infill ProJect, under the proVIsIOns of SectIon 2-203 C Proposed Use: ConstructIon of a detached dwelhng Neighborhood Association(s): Clearwater Beach AssocIation (DaVId MacNamee, 827 Mandalay Ave, Clearwater, FL 33767, phone 727-446-5801, emaIl dmacnav@att net); Clearwater NeIghborhoods CoalItIOn (Doug WIllIams, PresIdent, 2544 Fnsco Dnve, Clearwater, FL 33761; phone 727-725-3345, emall' Dlw@gte net) Presenter: John Schodtler, Planner I J. RECONSIDERATION REQUEST (Item 1) This case will not be reviewed prior to 2:00 p.m. 1. Case: FLD2004-07050/TDR2004-09012 - 600 Bayway Boulevard Level Two AppbcatlOn Owners: Baywatch SUItes Inc Applicant: NewkIrk Group Representative: Housh Ghovaee, NorthsIde Engmeenng ServIces, Inc (601 Cleveland Street, SUIte 930, Clearwater, FL 33755, phone 727-443-2869; tax 727-446-8036, emaIl nestech@mmdspnng com) Location: 0 558 acres located on the north SIde of Bayway Boulevard, ImmedIately north of the mtersectIon of South GulfvIew Boulevard and Bayway Boulevard Atlas Page: 276A Zoning District: Tounst (T) Request: FleXIble Development apphcatlOn to permIt attached dwelhngs WIth reductIons to the front setback from 15 feet to zero feet (to pavement and trash stagmg area), a reductIOn to the SIde (east) setback from 10 feet to three feet (to pavement), reductIons to the SIde (west) setback from 10 feet to 7 1 feet (to pavement) and 7 3 feet to bUlldmg, reductIons of the rear setback from 20 feet to zero feet (to pool deck) and from 20 feet to 97 feet (to buIldmg), and to mcrease the bUlldmg heIght from 35 feet to 4543 feet (from Base Flood Elevation to roof deck) WIth an addItIOnal SIX feet (from roof deck for penmeter parapets), as a ComprehensIve Infill Redevelopment ProJect, under the prOVIsIOns of Section 2-803 C and the Transfer of Development RIghts for three dwelhng umts from 620 Bayway Boulevard (one umt), 674 Bayway Boulevard (one UnIt), and 645 Bayway Boulevard (one umt) Proposed Use: Attached dwellIng UnIts (l9-umt condormmum, four levels of lIvmg area over ground-level parking) Neighborhood Association: Clearwater Beach ASSOCIatIOn (DaVId MacNamee, 827 Mandalay Ave, Clearwater, FL 33767, phone 727-446-5801, emaIl dmacnav@att net), Clearwater NeIghborhoods CoahtlOn (Doug WIllIams, PreSIdent, 2544 Fnsco Dnve, Clearwater, FL 33761, phone 727-725-3345, emaIl Dlw@gte net) Presenter: MIchael H Reynolds, AICP, Planner III Commumty Development Board Consent Agenda - November 16, 2004 - Page 8 of 9 K. DIRECTOR'S ITEMS: (Items 1 - 3) 1. Review and Recommendation to City Council- EvaluatIOn of the Coachman RIdge and Island Estates NeIghborhood ConservatIOn DIstncts 2. Review of New CDB Handbook 3. Proposed Amendments: Community Development Board Rules of Procedure L. ADJO~NT S \Planning DepartmentlC D BlAgendas DRC & CDBlCDB12004\11 November 16, 2004\Consent Agenda November 16, 2004 doe Commumty Development Board Consent Agenda - November 16, 2004 - Page 9 of 9 Reasons for appealing Flexible Development Allowance For 752 Eldorado Avenue We have no objection to the reduction to the setback on Eldorado, or to the 6- foot open fence on the east and the 4-foot wall on the south lot line. We do, hereby, appeal the reduction to the south lot line setback on Bohenia Circle for the following reasons: Only 2 of the requirements for a residential infill development have been met. Requirement 1: The development of 752 Eldorado is fully practicable without deviations from the intensity and other development standards. A brief search on the Internet for house plans for narrow lots produce multiple and numerous options for homes up to 3,600 square feet. With the employment of a quality architect, it would indeed seem very possible to construct an adequate home within the standard setbacks. Requirement 2: Allowing the proposed deviation from the standard setbacks will materially reduce the fair market value of abutting properties by reducing their water view. "Water view" is one of the criteria set forth in the real estate listmgs of numerous non-beachfront properties to enhance the salability of the property. The proposed reduction in setback on Bohenia Circle will reduce, or eliminate water views of several surrounding properties. Requirement 3: The proposal fits this requirement, as it is single family. Requirement 4: This also applies. Requirement 5: The Infill Flexible Standards allowed by staff for this property are not necessary for the development to upgrade the immediate vicimty of the parcel. Development within the standard requirements would do it just as well, in fact better, because it would not impinge on the water view and open look of the area as the proposed building would. t" ) j . 9 ,~~~ I ~ I PLANNING & OEVElOPMENl' svcs ell" Of ClEARWATER Requirement 6: It's a matter of opinion whether or not. the design of the proposed budding enhances the community character of the immediate vicinity. We do not believe a larger building and reduced open space enhance the community character of the Immediate Vicinity. As the majority of the homes in the Immediate vicinity are less than 20 feet hIgh and the proposed development is planned for 30 feet or more. We who live in the vlcmity feel that the higher the building, the further it should be from the street in order to preserve the character of homes set among green areas and gardens. Buildings that crowd the streets and diminish the open-air space are the exception rather than the rule. Requirement 7: The flexibility allowed in giving the builder permission to build up to ten feet from the property line on both streets is not justified by any benefits to the community character and the immediate vicinity. It attains no goal which could not Just as well be obtained without the variances from standard requirements. We have read the applicant's arguments and do not feel they have proved the need for infill development on a lot that is the same size, or larger, than most of the lots surrounding it. Only 2 of the 8 requirements for infill development have been met. General standard #2 requires that develooment will not adverselv affect the health or safety of oersons residinS! or workinS! in the neiS!hborhood. Visibility and safety are the logical reasons for the code's requirement of 25- foot setbacks from both streets on a comer lot, located at an intersection. Because the Bohenia Circle street is used extensively by pedestrians coming to and from the beach, and the Eldorado Street setback reduction would already impair visibility, it is important to retain a 25-foot setback at Bohenla Circle to provide maximum visibility and safety for pedestrians approaching Eldorado. We believe the requirements of the code for infill development have not been met and ask you to adhere to the law and deny the south front setback of 10 feet, requiring the 25-foot setback standard requirement of the code. ~~ Sandy Britton, So 1~af~ ~ ~~ ,cL- --SS/b), IV(V 6J Ih.. cQo 0 Lf . NOV ~ 9 ;'f}i ..-/ PlANNING & OEVEl,:,p~~r I, ~ SvC& CITYOFClEAP'l\IA:-t.A r; ~r" , . ~-. , . . .. JfA~. L. lSotj"ev ,FLber ArHst/N~tur~L DtjeS" fOJ ~ @ ~ DW ~ ffill wi NOV 15 2oo~lilli DEVELOPMENT SERVICES DEPT CITY OF CLEARVV/\TER ' November 15, 2004 City of Clearwater Mr. Frank"~erlock Develop~ent Review Managei Re: APP2004-odo07, Mr. Robert Basham 752 Eldorado Ave. Clearwater BeacH Hearing November 16th, 2:00 p.m. , I " , AS nei ghbors two lots north at 760 El dorado ,'Ave: , clearwater Beach, we are opposed to the seven foot hiQh fence 'requested on the south property line adJacent to the 'public access which would block our - vi ew down the ,beach. We request the City to maintain the cutrent I' standards of street and sid~ setbacks in keeping with the appearance of the ~ontinuity in the neighborhood. . ... , Thank you for your' consideration. . , . sincerely, ., .. uJ~;r-~ w,ayne and lan Boye r f '- . 760 5lGloY"lilGlO Ave(l\,ue, clelilYWlilteY" Belilcn, F,L 33767 FL LlC 1(I\,~eY"~oY" Des~g(l\, #lDOOOigg6 , (.7::2..7) 46L-154g JlilIi\,LB.ot1eY"@lilOl COVlA., ./ CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the C1ty of Clearwater, Flonda, WllI hold pubhc heanngs on Tuesday, November 16, 2004, begmnmg at 2 00 pm, m the C1ty Councll Chambers, m City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Flonda, to consider the following requests: NOTE: All persons wishine: to address an item need to be present at the BEGINNING of the meetine:. Those cases that are not contested bv the applicant. staff. neie:hborine: property owners. etc. wiD be placed on a consent ae:enda and approved bv a sine:le vote at the bee:innine: of the meetine:. Robert D. Basham (owner) Sandra Bntton 1S requestmg an appeal of the dec1S10n of a Level One apphcatlon (FleXlble Standard Development case FLS2004-05033), under the proVlS10ns of Sectlon 4-501, that approved an apphcatlon reducmg the front (east) setback from 25 ft to 10 ft (to bwldmg), reducmg the front (south) setback from 25 ft to 10 ft (to bwldmg), mcreasmg the he1ght of a wall from 3 ft to 7 ft m the front (~t ah~ ~->uth) setbacks, as part of a Res1dentla1 Infill ProJect, under the proVlS10ns of Sectlon 2-203 C (proposed Use: Constn:il>:l~n of a detached dwelhng) at 752 Eldorado Ave.. Mandalay Sub, Blk 4, Lot 1 APP2004-00007 " ~ Interested parnes may appear and be heard at the heanngs,.<J_ filt;-;vntten notlce of approval or obJectlon Wlth the Plannmg Drrector or C1ty Clerk pnor to the heanngs. Any person who dec1des to appeal any declSlon made by the Board, Wlth respect to any matter cons1dered at such heanngs, will need to request and obtam party status by the Board dunng the case d1SCUSSlOn, a record of the proceedmgs and, for such purpose, may need to ensure that a verbatun record of the proceedmgs 1S made, wmch record mcludes the testunony and eVldence upon wmch the appeal 1S to be based per Flonda Statute 2860105 Commumty Development Code Sectlon 4-206 states that party status shall be granted by the Board 1f person requestmg such demonstrates that s/he 18 substanttally affected Party status entltles parnes to personally testify, present eVldence, argument and Wltnesses, cross-examme Wltnesses, appeal the deC1SlOn and speak on recons1deratlon requests. An oath Wlll be adnnmstered sweanng all parnc1pants m pubhc heanng cases If you Wlsh to speak please walt to be recogmzed, then state and spell your name and proVlde your address Persons speakmg before the CDB shall be lnmted to three nunutes unless an md1Vldual1s representmg a group m wmch case the Chauperson may authonze a reasonable amount of tune up to 10 nunutes F1ve days pnor to the meetmg, staff reports and recommendatlons on the above requests WllI be avallable for reV1ew by interested parnes between the hours of 8'30 a m and 4.30 p m, weekdays, at the C1ty of Clearwater, Plannmg Department, 100 S Myrtle Ave, Clearwater, FL 33756 Please contact Frank Gerlock, Development ReVlew Manager, at 562-4557 to chscuss any questlons or concerns about the project and/or to better understand the proposal and reV1ew the slte plan Tlns notlce was sent by the Offic1al Records and Leg1slatlve SeIVlces Department, Cyntlna E Goudeau, CMC, C1ty Clerk Cyndt Tarapam Planmng Department Cyntlna E Goudeau, CMC C1ty Clerk C1ty of Clearwater POBox 4748, Clearwater, FL 33758-4748 NOTE' Apphcant or representatlve must be present at the heanng YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT. OF THE SUBJECT PROPERTY A COPY OF THIS AD IN LARGE PRINT IS A V All..ABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REOUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad 10/31/04 . -, ~.- *""i' '1 ;--.r ,~ - ~, ,...... jo' ~l.. , """"""""", ""I~ '1"1'11"'1"'" , , """1'1"""'" ~E: ~~'!iI+L9Lt~ CITY CLERK P.O. BOX 4748 CLEARWATER, FL 33758-4748 FORWARDING & RETURN POSTAGE GUARANTEED 0(1) wU) 1- <I Cr:-' 00 (f'f-- W(I) tra: CL -- BOYER, WAYNE J -- ...; BOYER, IAN L 760 ELDORADO AVE CLEARWATER FL 33767 - 1422 '- t: ( ~ "r ~'- ~ u s rOSTJ-~G:: ... f ~ * ~.J:3/ * ~d:?~ 0 n 37' *1 ~ u, .: H METER 7173'35 : IMPORTANT! Cityd~L1blic Hearing Notice .~ Clearwater u FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 s. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ~ eVil (J c...H "''f FAX: 44-Z- - B ~ 7 0 Phone: FROM: LrD \, y"'\. S DA TE: t l too <f Phone: SUBJECT: 13A'S~M A?rSAL- MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) '::,Et m I t lCJ F'EPI]F'T Nov. 10 2004 10:09RM YOUR LOGO YOUR FRX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FRCSIMILE 01 94428470 STRRT TIME USRGE TIME MODE PRGES RESULT Nov. 10 10:08RM 01'14 SND 03 OK TO TURN OFF REPORT, PRESS 'MENU' tt04. THB-I SELECT OFF BY US lNG' +' OR '-'. FOR FRX ADURNTRGE FlSSI STANCE , PLEASE CALL 1-800-HELP-FRX (435-7329). ':,Et III I t 1[1 F'EPI]F'T Nov. 10 2004 09.03RM YOUR LOGO YOUR FRX NO. Clt~OtClearwater-Plan Dept 727 562 4865 NO OTHER FRCSIMILE 01 94428470 STRRT TIME USRGE TIME MODE PRGES RESULT Nov.1009:02RM 01'16 SND 03 OK TO TURN OFF REPORT, PRESS ' MENU' t:I04. 1tEN SELECT OFF BY USING '+' DR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). , CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Commumty Development Board of the CIty of Clearwater, Flonda, will hold public heanngs on Tuesday, November 16, 2004, begmmng at 200 pm, m the City CouncIl Chambers, m CIty Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Flonda, to consider the followmg requests: NOTE: All persons wishml! to address an Item need to be present at the BEGINNING of the meetinl!. Those cases that are not contested by the applIcant. staff. nell!hborml! property owners. etc. wIll be placed on a consent al!enda and approved bv a sml!le vote at the bel!inmnl! of the meetinl!. 1 (cont from 10/19/04) 1504 Garden Inc. IS requesting a FleXIble Development approval to permIt retail sales Within an eXIsting two-story commerCial bUlldmg With a reductIOn to lot area from 10,000 sq ft to 7,720 sq ft, a reductIOn to lot WIdth (west) from 100 ft to 50 81 ft, reductIOns to the front (north) setback from 25 ft to 19 ft (to eXlstmg and proposed bUlldmg) and from 25 ft to 14 ft (to proposed pavement), a reductIOn to the front (west) setback from 25 ft to 15 ft (to proposed pavement), reductions to the SIde (south) setback from 10 ft to one-foot (to eXlstmg and proposed bUIlding) and from 10 ft to zero ft (to proposed pavement) and a reductIOn to reqUIred parkmg from 5 to 4 5 spaces per 1,000 sq ft, as a ComprehenSive Infill Redevelopment Project, under the prOVISIOns of Section 2-704 C, and a reduction to the landscape buffer along the south property Ime from 5 ft to zero ft and a reduction m the Width of the reqUIred foundatIOn landscapmg adjacent to the bUlldmg (west Side) from 5 ft to 375 ft, as part of a ComprehenSIVe Landscape Program, under the proVISIOns of SectIOn 3-1202 G (Proposed Use: Retail sales and servIces) at 503 Marshall St., E A Marshall's Sub, Lot 10 & W 'l2 ofvac alley on E FLD2004-02010 2 (cont from 10/19/04) Clearwater Seashell Resort. L.c. IS requestmg a FleXible Development apphcatlon to amend a preVIOusly approved FL 01-01-01 (CDB approved on February 20, 2001) to permIt an additional 24 overnIght accommodation umts from the denSity pool (m addition to the preVIOusly approved 250 ovenught accommodation umts) as a ITIlxed use, With a maxImum of 70,000 sq ft of amemtles accessory to the hotel and a ITIlmmum of 400 pubhc parkmg spaces, as a ComprehenSive Infill Redevelopment Project, under the prOVISIOns of Section 2-803 C [Proposed Use: Hotel of 250 rooms (15337 rooms/acre on total SIte), 18 attached dwellings (11 04 umts/acre on total site) and a maXimum of 70,000 sq ft (0 98 FAR on total site) of amemtles accessory to the hotel, at a height of 150 ft (to roof deck)] at 229 and 301 South Gulf view Boulevard and 230. 300 and 304 Coronado Drive (Related to DV A2004-00002), Lloyd-Wlute Skmner Sub, Lots 57, 58, 59, 104, 105 & 106 and part of Lots 56, 103, & 107 FLD2004-07052 3 (cont from 10/19/04) EllIs & Co.. Ltd. a Flonda LIITIlted Patnerslup IS requestmg a FleXible Development approval for the change of use of an eXisting automobile service station to a 2,266 sq ft restaurant, WIth a reductIOn to the front (west) setback from 25 ft to 15 ft (to pavement), a reduction of the front (north) setback from 25 ft to 15 ft (to pavement), reductIOns of the Side (east) setback from 10 ft to 3 ft (to bUlldmg), from 10 ft to zero ft (to extenor seatmg wood deck), and from 10 ft to zero ft (to dumpster enclosure), a reduction of the SIde (south) setback from 10 ft to zero ft (to pavement) and from 10 ft to 2 ft (to dumpster enclosure), a reduction In the reqUIred parkmg from 34 spaces to 21 spaces, as a ComprehenSive Infill Redevelopment ProJect, under the proVISIOns of Section 2-704 C , and as part of a ComprehenSIve Landscape Program, under the provlSlons of Section 3-1202 G (Proposed Use: Restaurant) at 2201 Gulf to Bay Boulevard, Sec 18-29-16, M&B 32/04 and 32/05 FLD2004-08058 4 (cont from 10/19/04) David A. & Sharon A. Cote are requesting a FleXible Development approval for (1) the TermInation of Status of NonconfOrmIty for denSity for the purpose of addmg a two-car garage, under the proVISIOns of SectIOn 6-109, and (2) the expansIOn of attached dwellings WIth a reductIOn to the front (north) setback from 25 ft to 20 ft (to bUlldmg) and a reduction to the SIde (south) setback from 10 ft to 5 ft (to bUIlding), as a ReSIdential Infill ProJect, under the prOVISIOns of SectIOn 2-203 C, and a reductIOn to the landscape buffer along the south property Ime from 10ft to 5 ft, as part of a ComprehenSIve Landscape Program, under the prOVISIOns of Section 3-1202 G [Proposed Use: Construction of a 3 car attached garage m assocIation WIth an eXlstmg nonconfOrmIng attached dwelling (duplex)] at 115 North Keystone DrIve, Keystone Manor, Blk D, Lot 1 & 20 FLD2004-06044 5 Allan J. Crooker / Lamer Beach Club. LLC / McSmlth. Inc. are requesting (1) TermInation of Status of NonconfOrmIty for denSity (15 ovemIght accommodatIOn umts - to be converted to 11 dwelling umts), under the proVISIOns of SectIon 6-109, (2) fleXIble Development approval to permIt a total of 13 attached dwellings m the MedIUm HIgh DenSIty ReSIdential (MHDR) Dlstnct and Tounst (T) DIstrict WIth reductIOns to lot area In the MHDR Dlstnct from 15,000 sq ft to 8,700 sq ft and m the T Dlstnct from 10,000 sq ft to 4,350 sq ft, reductIOns to lot WIdth In the MHDR DIstnct from 150 ft to 100 ft and m the T DIstnct from 100 ft to 50 ft, reductIOns to the front (north along Avalon Street - MHDR DIstnct) setback from 25 ft to 10 ft (to bUildIng) and from 25 ft to zero ft (to dumpster stagIng pad), a reductIOn to the sIde (west - MHDR f DIstnct) from 10 ft to zero ft (to bUildIng), a reduction to the rear (south - MHDR DIstnct) from 15 ft to 10 ft (to buildIng), a reduction to the front (south along Kendall Street - T DIstnct) from 15 ft to 10 ft (to bUildIng), a reduction to the SIde (west - T DIstnct) from lOft to zero ft (to bUildIng), an Increase to bUildIng heIght In the MHDR DIStnCt from 30 ft and In the T DIstnct from 35 ft to 695ft (to roof deck) wIth penmeter parapets of 3 67 ft (from roof deck) and decorative roof structures of 101ft (from roof deck) and to permIt a bUildIng wIthIn the VISIbIhty tnangles, as a ResIdential Infill Project In the MHDR Dlstnct and as a ComprehensIve Infill Redevelopment Project In the T DIstnct, under the provISIOns of SectIOns 2-404 F and 2-803 C, (3) ReductIOn to the front penmeter buffer along Avalon Street In the MHDR DIstnct from 10 ft to zero ft (to dumpster stagIng pad) and a reductIOn to the SIde (west) landscape buffer In the MHDR Dlstnct from 10 ft to zero ft (to bUildIng), as a ComprehenSIve Landscape Plan, under the prOVISIOns of Section 3-1202 G, and (4) Transfer of Development RIghts (TDR2004-08008) of one dwelhng umt to thIS sIte from 321 Coronado Dnve, under the proVISIOns of SectIOn 4-1402 (Proposed Use: Attached dwelhngs -13 cOndOmInIUm umts) at 15-17 Avalon St. & 16 Kendall St., RevIsed Map of Clearwater Beach, Blk 7, Lots 5, 6 & 14 FLD2004-08059 6 Schlau PropertIes Co. are requestIng a fleXIble Development approval to allow RetaIl Sales and ServIce (a funeral home) as a pnmary use In the Office Zomng DIStnCt, WIth a reductIOn of the front setback from 25 ft to 13 ft (to pavement), reductIOns of the SIde (east) setback from 20 ft to 4 ft (to bUIldIng and SIdewalk), a reductIOn of the SIde (west) setback from 20 ft to 8 ft (to pavement), and a reductIon of the rear setback from 20 ft to II ft (to pavement), as a ComprehenSIve Infill Redevelopment Project under the proVISIOns of SectIOn 2-1004 B and as a ComprehenSIve Landscape Plan, under the provISIons of SectIOn 3-1202 G (Proposed Use: Funeral Home) at 1425 Sunset POlDt Rd., Sec 02-29-15, M&B 3206 FLD2004-06043 7 Ocean Properties of Clearwater, LLC are requestmg a FleXIble Development approval to permIt retaIl sales wIthm an eXIstmg one-story commerCIal bUlldmg WIth reductIOns to the front (west) setback from 25 feet to SIX feet (to eXIstmg bUlldmg) and from 25 feet to 125 feet (to proposed pavement), a reductIOn to the SIde (south) setback from 10 feet to four feet (to eXIstmg and proposed pavement), as a FleXIble Development Project, under the prOVISIOns of SectIOn 2-704 N, and reductIOns to the landscape buffers along the south property Ime from five feet to four feet and a reduction m the front (west) landscaping adjacent to the bUIlding (west SIde) from 15 feet to SIX feet, as part of a ComprehenSIve Landscape Program, under the provISIons of SectIOn 3-1202 G (Proposed Use: RetaIl Sales and ServIces) at 111 S. Belcher Rd., Sec 18-29-16, M&B 2303 FLD2004-07054 8 City of Clearwater are requestmg a FleXIble Development approval to permIt a SOCIal pubhc servIce agency m the InstItutional DIStnCt, WIth deVIatIons to allow a SOCIal pubhc servIce agency adjacent to reSIdentIally zoned property and to allow a SOCIal pubhc servIce agency wIthm 1,500 ft of an eXlstmg SOCIal pubhc servIce agency, as a ComprehenSIve Infill Redevelopment Project, under the proVISIons of SectIon 2-1204 A (Proposed Use: Non-profit educatIOnal traImng facIhty) at 1250 Palmetto St., Sec 10-29-15, M&B 13 05 FLD2004-08060 e] Robert D. Basham (owner) Sandra Bntton IS requestmg an appeal of the deCISIOn of a Level One apphcatlon (FleXIble Standard Development case FLS2004-05033), under the proVISIOns of Section 4-501, that approved an apphcatlon reducmg the front (east) setback from 25 ft to 10 ft (to bUl1dmg), reducmg the front (south) setback from 25 ft to 10 ft (to bUlldmg), Increasmg the heIght of a wall from 3 ft to 7 ft In the front (east and south) setbacks, as part of a ReSIdentIal IOOll Project, under the proVISIOns of Section 2-203 C (Proposed Use: ConstructIon of a detached dwellmg) at 752 Eldorado Ave., Mandalay Sub, Blk 4, Lot I APP2004-00007 Interested partIes may appear and be heard at the heanngs or file wntten notice of approval or objection WIth the Planrung DIrector or CIty Clerk pnor to the heanngs Any person who deCIdes to appeal any deCISIOn made by the Board, WIth respect to any matter conSIdered at such heanngs, wIll need to request and obtain party status by the Board dunng the case dISCUSSIOn, a record of the proceedmgs and, for such purpose, may need to ensure that a verbatIm record of the proceedIngs IS made, wluch record Includes the testimony and eVIdence upon wluch the appeal IS to be based per Flonda Statute 2860105 Commumty Development Code SectIOn 4-206 states that party status shall be granted by the Board If person requestIng such demonstrates that s/he IS substantIally affected Party status entItles partIes to personally testIfY, present eVIdence, argument and WItnesses, cross-examme WItnesses, appeal the deCISIOn and speak on reconSIderatIon requests An oath wIll be adrmmstered sweanng all partICIpants In pubhc heanng cases If you WIsh to speak please walt to be recogmzed, then state and spell your name and proVIde your address Persons speaking before the CDB shall be hrmted to three mInutes unless an mdlVIdual IS representIng a group In whIch case the ChaIrperson may authonze a reasonable amount of time up to 10 rmnutes t FIve days pnor to the meetmg, staff reports and recommendatIOns on the above requests will be available for review by Interested partIes between the hours of 8 30 a m and 4 30 pm, weekdays, at the CIty of Clearwater, Planmng Department, 100 S Myrtle Ave, Clearwater, FL 33756 Please contact Frank Gerlock, Development ReVIew Manager, at 562-4557 to dISCUSS any questions or concerns about the project and/or to better understand the proposal and reVIew the SIte plan Tills notice was sent by the OffiCIal Records and Legislative ServIces Department, Cynthia E Goudeau, CMC, CIty Clerk Cyndl Tarapam Planmng Department CynthIa E Goudeau, CMC City Clerk City of Clearwater POBox 4748, Clearwater, FL 33758-4748 NOTE Applicant or representative must be present at the heanng YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REOUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REOUEST AT (727) 562-4090. Ad 10/31/04 CDB Meetmg Date Case Number Agenda Item Owner Appellant Address November 16, 2004 APP 2004-00007 HI Robert D Basham Mrs Sandra Bntton (750 Mandalav Avenue, Clearwater, FL, 33767) 752 Eldorado Avenue CITY OF CLEARWATER PLANNING DEPARTMENT STAFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of the decIsIon of a Level One (FlexIble Standard Development) that approved an applIcatIOn reducmg the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and to allow a concrete wall four feet m heIght along the front (south) property lme and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUIldmg, under the provIsIons of SectIOn 2-203 C (FLS2004-05033) BACKGROUND: ThIS 0.15-acre SIte IS located on the west SIde of Eldorado Avenue, at the mtersectIOn of Eldorado and the Boherua CIrcle South beach access The surroundmg area IS charactenzed by detached reSIdentIal homes The parcel contams an accessory shed for the smgle- famIly dwellIng located at 756 Eldorado The proposal mcludes demolItIOn of the eXIstmg accessory shed ThIS case IS an appeal of a Level One (FleXIble Standard Development) that approved an applIcatIOn reducmg the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and to allow a concrete wall four feet m heIght along the front (south) property lme and a non-opaque (wrought Hon type) fence along the front (east) SIde of the bUIldmg, as a ReSIdentIal Infill ProJect, under the provlSlons of SectIOn 2- 203 C, under Case No FLS2004-05033 The applIcatIOn was conSIdered by the Development ReVIew CommIttee at ItS meetmg on August 12,2004. A Development Order (ExhIbIt "A") was Issued approvmg the request on September 27,2004 Attached IS the Staff Report (ExhIbIt "B") for the FleXIble Standard Development case APPEAL PROCESS: The appellant filed tlus appeal on October 4, 2004 SectIon 4-501 A 3 of the Commuruty Development Code states that the Commuruty Development Board has the authonty to hear appeals from Level One approval declSlons SectIOn 4-502 A proVIdes that an appeal of a Level One approval (fleXIble Standard Development) may be mItIated by an applIcant or property owner wIthm the reqUIred notIce area and who presented competent substantIal eVIdence m the Staff Report - Commumty Development Board - November 16, 2004 - Case APP2004-00007 - Page 1 Level One reVIew wIthm seven days of the date the Development Order IS Issued The filmg of an apphcatIon/notIce of appeal shall stay the effect of the decIsIon pendmg the final determmatIon of the case SectIon 4-504 B states that upon receIpt of the apphcatIon/notIce of appeal, the Commumty Development Board (CDB) shall place the appeal on the consent agenda of the next scheduled meetIng of the CDB NotIce of the date of such meetIng shall be provIded the apphcant and the appellants by mall and by telephone The appeal may be removed from the consent agenda only by a vote of at least four members of the CD B If the appeal IS not removed from the consent agenda, the decIsIOn of the Commumty Development CoordInator IS confirmed as part ofthe consent agenda by a vote of the majonty of the members of the CDB. If the appeal IS removed from the consent agenda, the CDB shall reVIew the apphcatIOn, the recommendatIon of the Commumty Development CoordInator, conduct a quasI-JudICIal pubhc heanng on the apphcatIOn In accord WIth SectIon 4-206 (notIce and pubhc heanngs) and render a declSlon In accordance WIth the provlSlons of SectIon 4-206 D 5 grantIng the appeal, grantIng the appeal subject to speCIfied condItIons or denYIng the appeal Pursuant to SectIOn 4-504 C of the Commumty Development Code, In order to grant an appeal, overturnmg or modIfYIng the deCISIOn appealed from, the commumty development board shall find that based on substantIal competent eVIdence presented by the apphcant or other party. 1) The declSlon appealed from mIsconstrued or Incorrectly Interpreted the proVISIons of the Commumty Development Code, and 2) That the declSlon wIll be In harmony WIth the general mtent and purpose of the Commumty Development Code, and 3) WIll not be detnmental to the pubhc health, safety and general welfare Prepared by Planmng Department Staff. ~lnUJ.~ ~ Planner I A TT ACHMENTS Aenal Photograph of SIte and VIcImty LocatIon Map Zonmg Atlas Map ExhIbIts A - H S \Planmng DepartmentlC D BlFLEXlPendmg easeslUpfor the next CDBlEldorado 0752 Basham Appeal 1 11604 CDBlEldorado 752 Appeal Staff Report doe Staff Report - Commumty Development Board - November 16,2004 - Case APP2004-00007 - Page 2 (1!~~ ~Jf~t~LOF 7/fIX. ~\.~ ",,'.1r~4~.,c;.1~ ~"':-"'~. I ~~~';. ~~~) 1/ \ ~':. ll~.~- - ~ ~__ ~r::~ - ~O ~~- ~~ ~~$JI7I''''~~.~' 'l"-~ ,., TE~'~,d" ~-TJL'V CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 3, 2004 Mrs Sandra Bntton 750 Mandalay Avenue Clearwater, Flonda 33767 Re APP2004-00007, 752 Eldorado Avenue Dear Mrs Bntton: You have filed an appeal (Case No. APP2004-00007) of the declSlon of a Level One (FlexIble Standard Development) that approved an applIcatIOn by Robert Basham construct a new smgle- famIly resIdence, and fence/wall. The request mc1uded reductIOn to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet m heIght along the front (south) property lme and a non-opaque (wrought Iron type) fence along the front (east) sIde of the bmldmg, under the proVISIOns of SectIOn 2-203.C. (FLS2004-05033) at 752 Eldorado Avenue. Please be adVIsed that Case No APP2004-00007 has been placed on the CDB agenda for publIc heanng on November 16, 2004 The meetmg WIll take place at 2.00 pm. m the CIty CormmssIOn Chambers, 3rd floor of CIty Hall at 112 South Osceola Avenue, Clearwater Should you have any questIOns, feel free to call me at 727-562-4604. Smcerely, ~~'- John Schodtler Planner I Cc: Harry S. ClIne S IPlannmg DepartmentlC D BIAPPEALSIEldorado 752 Basham - APP2004-000071Eldorado 752 CDB letter doc BRIAN J AUNGST, MAYOR-COMMISSIONER HOYT HAMIl TON, VICF MAYOR-COMMISSIONrR WHITNEY GRAY, COMMIS~I01\I:R FRANK HIBBARD, COMMISSIONFR * BIll JONSON, CO\1Ml~SIONI:R "EQUAl EMPIOYMrNT AND NIIRMAlIVL ACTION EMPIOYFR" 5r1U{JJTlTffo, ~~~~~ I\l OF 7f1t}r<> \~~\. ~'f:'1':~1,,,.~7~ ..'IL"",,-,.' ;;*')f-"" ~~~~ I ~-~Q ,,~,' \ 1 ' ~ S\.. q~~,~.,r ~ ~ t:J~ li=-L---'-= ~"l "'_' =- ~- ",1:1 .... -':. =- ~ :--u~ ..~~ ---=::.- ~~ ':,Y.N;- 1''''-'':'' V~~~I""~~~\\ .........)ITE~", ,t I'l'" CITY OF CLEARWATER loNG RANGE PLANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 3,2004 Mrs Sandra Bntton 750 Mandalay Avenue Clearwater, Flonda 33767 Re. APP2004-00007, 752 Eldorado Avenue Dear Mrs Bntton: You have filed an appeal (Case No. APP2004-00007) of the deCIsion of a Level One (FleXIble Standard Development) that approved an applIcatIon by Robert Basham construct a new smgle- famIly resIdence, and fence/wall. The request mcluded reductIOn to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet m heIght along the front (south) property hne and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUIldmg, under the proVIsions of SectIon 2-203.C (FLS2004-05033) at 752 Eldorado Avenue. Please be adVIsed that Case No. APP2004-00007 has been placed on the CDB agenda for publIc heanng on November 16, 2004. The meetmg WIll take place at 2:00 p.m. m the CIty CommISSIon Chambers, 3rd floor of CIty Hall at 112 South Osceola Avenue, Clearwater Should you have any questIons, feel free to call me at 727-562-4604. Smcerely, ~~\- John Schodtler Planner I Cc: Harry S. ClIne S IPlannmg DepartmentlC D BIAPPEALSlEldorado 752 Basham - APP2004-00007IEldorado 752 CDB letter doc BRIAN J AUNGST, MAYOR-COMMl~~IONFR HoYT HA.\IIITON, VICE MAYOR-COMMISSIONFR WHITNFY GRAY, CO\\\II~~IOt\1 R FRANK HIBBARD, COMMISSIONFR * BIl I JONSON, COM,II~~IOMR "EQUAl EMPIOYMFNT AND AFI lRMA1IVr AC110N EMPIOYfR" ~, Clearwater f- _ U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 s. MYRTLE AVE., 2nd Floor CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO:----1-\~~ .S~~ FAX: 4 4. ~~ 7 0 Phone: FROM: ~~s Itll>z..101' Phone: ., '-1 . S " ').. - 4-b'O i SUBJECT: r3ASHAM Ap'PE>AL- DATE: MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) Th I s document (reduced Document Total Pages Scanned Tra smlsslon Report 11- 2-04, 503PM 7275624796 No Doc Remote Station Start Time Duration Pages Mode Comments Results 1 368 94428470 11- 2-04, 5 03PM 31 " 2/ 2 EC CP 28 8 Notes EC Error Correct BC Broadcast Send CP Completed HS Host Scan HF Host Fax Date/Time Loca I I D Local Name Company Logo was sampl Size conf rmed. e and deta Letter-S be low) Is o . tr ._:,h rwater TO FAX PIwne PROMl FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 5624865 ~~~ 3~~ /.1 0 ~~s HJ/)a.{D~ Pho"". , 1.1 . S (..).. - -H.1l 't SUBJECT 13A~~"" APPSll- DATE. MESSAGE- NUMBER OF PAGES(DlCLUDING THIS PAGE) 2 Total Pages Confirmed 2 RE Resend MP Mu I t I -Po I I RM Receive to Memory HP Host Print HR Host Receive PD Po I I ed by Remote PG Po I I I ng a Remote DR Document Removed FO Forced Output FM Fo rwa rd Ma I I box Doc MB Rece I ve to Ma I I box PI powe r I n 1. err u p t Ion TM Terminated by user WT Waiting Transfer WS Waiting Send t" ,\ MENNA, ANTHONY MENNA, ROSEMARY B 780 ELDORADO AVE CLEARWATERFL 33767 -1422 BUCHANAN, BARBARA J 3864 CONCORD ST JACKSONVILLE FL 32205 - 8902 APP2004-00007 752 Eldorado Avenue NS MAXWELL, GORDON W JR TRE 733 MANDALAY AVE CLEARWATERFL 33767 -1432 Clearwater NeIghborhoods Coahtion Doug WIlhams, PreSIdent 2544 Frisco Dr Clearwater, FL 33761 ANNAS, STEVE J ANNAS, KATHLEEN F 766 ELDORADO AVE CLEARWATER FL 33767 - 1422 Clearwater Beach Association DavId MacNamee 827 Mandalay Ave Clearwater, FL 33767 T WITHERS, JOHN W WIAND, BURTON W REESIDE, ALAN E JR WITHERS, CAROL M WIAND, SARAHS REESIDE, ARISTEA A PO BOX 24895 801 ELDORADO AVE 739 ELDORADO AVE LEXINGTON KY 40524 - 4895 CLEARWATER FL 33767 - 1310 CLEARWATERFL 33767 - 1421 BONACIO, CLARA E FOLLIS, EDITH H TRE MURPHY, HOMER T C/O BONACIO, TOBIAS S TRE 750 ELDORADO AVE MURPHY, SHEILA 732 MANDALAY A VB CLEARWATERFL33767 -1420 757 ELDORADO AVE CLEARWATERFL 33767 -1430 CLEARWATERFL 33767 -1423 TSOULF AS, KATINA KORMENDI, ROGER C DANIEL, EDWARD J 720 MANDALA Y A VB 1025 CONNECTICUT AVE NW # DANIEL, JEAN S CLEARWATERFL 33767 - 1430 308 756 MANDALA Y AVE WASHINGTON DC 20036 - 5424 CLEARWATERFL 33767 - 1434 KORMENDI, ROGER HOISINGTON, ELIZABETH LENSS, GERALD K 1025 CONNECTICUT AVE NW # HOISINGTON, CHARLES TRE LENSS, SIllRLEY D 308 731 ELDORADO AVE 754 MANDALA Y AVE WASHINGTON DC 20036 - CLEARWATERFL 33767 - 1421 CLEARWATERFL 33767 - 1434 CHAPMAN, STEVEN B SHANK, CHARLES F JOHNSON, WILLIAM K 3051 TECH DR SHANK, VILMA B JOHNSON, SUE A ST PETERSBURG FL 33716 - 1001 765 MANDALAY AVE 730 BRUCE AVE CLEARWATER FL 33767 - 1433 CLEARWATERFL 33767 -1418 SYMANSKI, RICHARD SODLIS, DENNIS ZIMMERMAN, MICHAEL K 771 ELDORADO AVE SODLIS, EVELINA ZIMMERMAN, CANDY B CLEARWATERFL 33767 - 1423 17 NEVADA AVE 741 MANDALAY AVE WILLOWDALE ON M2M 3N9 00030- CANADA CLEARWATER FL 33767 - 1432 SPORT SCHUETZ, MARTIN R FUENTES, LAWRENCE E THOMAS, JOHN C SPORTSCHUETZ, UTE H KREISCHER, ALBERT C JR 730 ELDORADO A VB 754 BRUCE AVE 1407 W BUSCH BLVD CLEARWATERFL 33767 - 1420 CLEARWATERFL 33767 - 1418 TAMPAFL 33612 -7601 KAZALIS, MICHAEL N BASHAM, ROBERT D MC GINLEY, ELIZABETH A KAZALIS, MARGARET 2202 N WESTSHORE BLVD # 500 742MANDALAY AVE 27 MANGO ST TAMPAFL 33607 - 5761 CLEARWATERFL 33767 - 1430 CLEARWATER FL 33767 - 1329 MC CLURE, JOHN M III DI PASCA, ROBERT V DOUGLASS, SARAH G MC CLURE, SANDRA S 740 ELDORADO AVE 1605 BITTER CREEK LN 724 ELDORADO AVE CLEARWATERFL 33767 -1420 BAT A VIA OH 45103 - 9654 CLEARWATERFL 33767 -1420 HAWK, RONALD L KRITICOS, SAM BOYER, WAYNE J POBOX 851 454 N COMMONWEALTH AVE BOYER, JAN L LANCASTER OH 43130 - 0851 ELGIN IL 60123 - 3418 760 ELDORADO A VB CLEARWATER FL 33767 - 1422 , CABLE, EILEEN B CASE, DONALD R ROBERTS, DANNY K HULSEN, GAIL P CASE, DONNA J ROBERTS, PAMELA E 737MANDALAY AVE 1121 GALLOWAY DR 818 GAINESBORO HWY CLEARWATERFL 33767 - 1432 WOODSTOCK IL 60098 - 8043 BAXTER TN 38544 - 3714 ATHANAS ON, THEDA BEL TON, FREDERICK C HOLD GATE, EDWARD III 750 BRUCE AVE BELTON, TRACY M 31 BOHENIACIR CLEARWATERFL 33767 -1418 1745 HAIM RD CLEARWATER FL 33767 - MT DORAFL 32757 - 3617 MC GOVERN, PAULINE CIDTRANEE-B INC ULLMANN, JOSEPH 2107 MARIANNA ST 1003 BAY ESPLANADE ULLMANN, FRANCES TAMPAFL 33612 -7555 CLEARWATERFL 33767 - 1019 781 ELDORADO AVE CLEARWATER FL 33767 - 1423 MOLYNEAUX, WILLIAM W HARTUNG, J THOMAS KEIL, DAVID M 751 MANDALA Y AVE HARTUNG, KATHERINE 753 MANDALA Y AVE CLEARWATERFL 33767 - 1433 2291 AMERICUS BLVD W # 1 CLEARWATERFL 33767 -1433 CLEARWATER FL 33763 - 2559 BROWN, TOM F SR TRE SPICOLA, A G JR BRENNAN, JAMES K BROWN, KATHERINE C TRE SPICOLA, SHELIA G BRENNAN, SALLIE C 10720 MONT AGUE ST 1224 N CASEY KEY RD 743 ELDORADO AVE TAMPA FL 33626 - 1852 OSPREY FL 34229 - 9783 CLEARWATER FL 33767 - 1421 DAVIDSON, J BYRON DEAL, THOMAS E CIUCEVICH, JOSEPH F III DAVIDSON, ALLISON L DEAL, PAULINE 736 BRUCE AVE 746 BRUCE AVE 800 ELDORADO AVE CLEARWATERFL 33767 -1418 CLEARWATERFL 33767 -1418 CLEARWATER FL 33767 - 1312 O'CALLAGHAN, WILLIAM GARCIA, WILLIAM EIFERT, MARY A C/O MARGUES, ANNA GARCIA, ANITA 721 ELDORADO AVE 738MANDALAY AVE 205 RA VINIA DR CLEARWATERFL 33767 -1421 CLEARWATERFL 33767 -1430 SHOREWOOD IL 60431 - 9437 KRITICOS, SAM PAPAGEORGIOU, NTINA BIRCHFIELD, JOHN A TRE KRITICOS, ELIZABETH PAPAGEORGIOU, GEORGE 4700 N HABANA AVE # 703 757 MANDALA Y AVE 760MANDALAY AVE TAMPA FL 33614 - 7122 CLEARWATER FL 33767 - 1433 CLEARWATERFL 33767 -1434 KINNEAR, CAROLJ HARDGRAVE, NEWT L KRITIKOS, EVA 745 ELDORADO AVE HARDGRAVE, ELLEN D DEGAN, ALDO CLEARWATERFL 33767 -1421 736 ELDORADO AVE 2115 MAYFLOWER BLVD CLEARWATER FL 33767 - 1420 OAKVILLE ON L6H 4E6 00030- CANADA KRITICOS, ELIZABETH PATSALIDES, HARRY BRITTON, JOHN 757 MANDALA Y AVE 70 WILLOWOOD LN 750 MANDALA Y AVE CLEARWATERFL 33767 -1433 OLDSMAR FL 34677 - 2058 CLEARWATERFL 33767 -1434 - . \ \ ~\ TO: FAX: Phone: . ~ :cle:arwater I- ., (j FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 /-J a~, fl J;,.. LJ 1 J-j :z 841 0 ~ FROM: ~Y\ ~ DATE: Phone: SUBJECT: 75d a~ - ~~ MESSAGE: Clr1~ NUMBER OF PAGES(INCLUDING THIS PAGE) \lr;' -- " ~oua1TQQU", ~~~~~\,'t.f\Lo, r/ft1f;'c. I..~ .fJJ~J1f'-'I"".r.....lb/~~ ..VIL~ .,1 --;<f" jI,.. "'..~,' I e;..~-~"" ~~",\.\ I/~",ril\ ~~ "l ~" "'I- " "'~~-= :. ~g~ ';.ififU ~ ---::--=-'- ~$~~ ~?..&-- ---- .,~~ =-{!'If.;;;u,"'~>>:" -.'+ <>-?Q}11E"'I..f './T186 , CITY OF CLEARWATER LONG RANGE PlANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 September 27, 2004 Mr Harry S Clme, Esq POBox 1669 Clearwater, FL 33757 RE. Development Order regardmg case FLS2004-05033 at 752 Eldorado Avenue Dear Mr Clme. ThIS letter constItutes a Development Order pursuant to SectIOn 4-202 E of the Commumty Development Code. On August 12,2004, the Development ReVIew CommIttee (DRC) reviewed your applIcatIon for FleXIble Standard Development for construction of a new smgle-faImly reSIdence, and fence/wall. The request IS for reduction to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet In heIght along the front (south) property lIne and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUIldIng, under the proVISIOns of SectIOn 2-203.C. The DRC recommended approval of the applIcatIOn WIth the follOWIng bases and condItIons: Bases for Approval. 1. The proposal complies WIth ResidentIal Infill Project cntena under the proVISIOns of SectIon 2- 203 C; 2 The plan complIes WIth General ApplIcabIlIty Cntena under the proVISIOns of SectIOn 3-913, and 3 The proposed development IS compatIble WIth the surroundIng area CondItIons of Approval: 1 That a $200 RecreatIOn FaCIlIty Impact fee IS due pnor to bUIldIng permIt Issuance for each new reSIdentIal unIt. 2. That vehIcles cannot be parked In the dnveway blockmg the pedestnan access to the concrete SIdewalk 3 That any future proposals for deckIng to be located seaward of the coastal constructIOn control lIne WIll reqUIre approval from the State ofFlonda, and 4 That any future proposals for SWImmIng pool or deck addItIons In the setback from the coastal constructIOn control lIne WIll reqUIre a FleXIble Standard Development approval for reductIOn. I concur WIth the findIngs of the Development ReVIew CommIttee and, through thIS letter, approve your applIcatIOn for FleXIble Standard Development WIth the above four condItIon. The approval IS ~ BRIAN J AUNGS r, MAYOR-COMMI~~IONFR HOYT HAMIlTON, VICE MAYOR-COMMI'iSlONEK WHITNEY GRAY, CO\IMI~~IOi';ER fRANK HIBBARD, COMMISSIONFR * BIll JONSON, COMMh~IOi';I R "EQUAl EMPIOYMFNT AND AFnRMA11V[ ACIION EMPIOYFR" ~\ ~'! .. September 27,2004 Mr Chne - Page Two based on and must adhere to the SIte plan and apphcatIOn dated receIved May 26, 2004 and the revIsed SIte plan dated receIved September 15,2004 Pursuant to SectIOn 4-303, an apphcatIOn for a bUIldmg permIt shall be made wlthm one year of FleXIble Standard Developmept approval (September 27,2005) All reqUIred certIficates of occupancy shall be obtamed wlthm one year of the date of Issuance of the bUIldmg permIt TIme frames do not change WIth succeSSIve owners The Issuance of thIS Development Order does not reheve you of the necessIty to obtam any bUIldmg permIts or pay any Impact fees that may be reqUIred In order to faclhtate the Issuance of any permIt or i' hcense affected by thIS approval, please bnng a copy of tills letter WIth you when applying for any II permIts or lIcenses that reqUIre tills pnor development approval Pursuant to SectIOn 4-502.A, an appeal may be imtIated wlthm seven days of the date the Development Order IS Issued by an applIc3l}t or property owners wlthm the reqUIred notice area and who presented competent substantIal evidence m the Level One reVIew. A copy of the Development Order is being sent to those surroundmg property owners who presented competent substantIal eVIdence m the Level One reVIew. The filmg of an 'applicatIon/notIce of appeal shall stay the effect of the deCIsion pending the final determmatIOn of the I case. The appeal penod for your case wIll expIre on October 4, 2004, (seven days from date of Development Order). I If you have any questIons, please do not hesItate to call John Schodtler, Planner I, at 727-562-4604 You can access zomng for parcels WIthIn the CIty through our webslte: www.mvc1earwater.com. Smcerely, ~ Cyntilla H Tarapam, AICP Plannmg DIrector Cc: surroundmg property owners S IPlannmg DepartmentlC D BlStandard FlexlPendmg Cases\2 - ReViewed and PendmglEldorado Ave 752 (LMDR) ApprovedlEldorado 752 Development Order doe ~ -' ~ September 27,2004 Mr Clme - Page Two based on and must adhere to the sIte plan and applIcatIon dated receIved May 26, 2004 and the revIsed sIte plan dated receIved September 15,2004 Pursuant to SectIOn 4-303, an applIcatIOn for a bUIldmg permIt shall be made wlthm one year of FlexIble Standard Development approval (September 27, 2005) All reqUIred certIficates of occupancy shall be obtamed wlthm one year of the date of Issuance of the bUIldmg permIt TIme frames do not change wIth succeSSIve owners The Issuance of tills Development Order does not relIeve you of the necessIty to obtam any bUIldmg permIts or pay any Impact fees that may be reqUIred In order to faCIlItate the issuance of any permIt or lIcense affected by thIS approval, please bnng a copy of thIS letter with you when applymg for any permIts or lIcenses that reqUIre this pnor development approval. Pursuant to SectIOn 4-502 A, an appeal may be lrutIated wlthm seven days of the date the Development Order IS Issued by an applIcant or property owners WIthin the reqUITed notIce area and who presented competent substantIal eVIdence m the Level One review. A copy of the Development Order IS bemg sent to those surroundmg property owners who presented competent substantIal eVIdence m the Level One reVIew. The filmg of an applIcatIon/notIce of appeal shall stay the effect of the decision pending the final determmatIon of the case. The appeal penod for your case wIll expire on October 4, 2004, (seven days from date of Development Order). If you have any questions, please do not heSItate to call John Schodtler, Planner I, at 727-562-4604. You can access zorung for parcels WIthIn the CIty through our webslte: www mvc1earwater.com. Smcerely, ~- CynthIa H. Taraparu, AICP Plannmg DIrector Cc. surroundmg property owners S IPlannmg DepartmentlC D BIStandard FlexlPendmg Cases\2 - RevIewed and PendmglEldorado Ave 752 (LMDR) ApprovedlEldorado 752 Development Order doc "*- ~afJP1TUIQ;, ~~l@.(. ~LCF 711t. ...-....... ~~~\ -~~,"""'~ ~~ 't:.i-"""".'" ;;~!/;~ tt~~" I ~~~- ~~:\,\ I; I' ~ ~':. ~t:=ill~::'- -' . <;:c'" II>_~ =-=--- _q "" ~ ':. ="-0... :--gilj .. \rIf\\ ':. --~='- ;:;::'Ii, ":.~-~; --- .,~-:, 'C). ...;....-p. ~ ~ '!f.'~'n""~'\';.." ~#)1TEl\,~,ff '118" CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PlANNING DEVELOPMENT REvIEW September 27,2004 Mr Harry S Clme, Esq POBox 1669 Clearwater, FL 33757 RE' Development Order regardmg case FLS2004-05033 at 752 Eldorado Avenue Dear Mr. ClIne: This letter constItutes a Development Order pursuant to SectIOn 4-202 E of the Commumty Development Code. On August 12, 2004, the Development ReVIew Comnnttee (DRC) reviewed your applIcatIon for FleXIble Standard Development for constructIon of a new smgle-fanllly reSIdence, and fenc~/wall. The request is for reduction to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet m heIght along the front (south) property lIne and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUIldmg, und~r the prOVISIons of SectIOn 2-203.C. The DRC recommended approval of the applIcatIOn WIth the following bases and condItIons' Bases for Approval. 1 The proposal complIes WIth ReSIdentIal Infill Project cntena under the proVISIons of SectIon 2- 203.C; , 2 The plan complIes WIth General ApplicabIlIty Cntena under the proVISIons of SectIon 3-913, and 3 The proposed development IS compatIble WIth the surroundmg area. CondItIons of Approval' I That a $200 RecreatIOn FaCIlIty Impact fee IS due pnor to bUIldmg permIt Issuance for each new reSIdentIal urut. 2. That velucles cannot be parked m the dnveway blockmg the pedestnan access to the concrete SIdewalk 3 That any future proposals fqr deckmg to be located seaward of the coastal constructIOn control lIne WIll reqUIre approval from the State of Flonda, and I 4. That any future proposals for sWlmmmg pool or deck addItIons m the setback from the coastal constructIOn control lIne WIll reqUIre a FleXIble Standard Development approval for reductIon I concur WIth the findmgs of the Development ReVIew CommIttee and, through tlus letter, approve your applIcatIOn for FleXIble Standard Development WIth the above four condItIon The approval IS BRIAN J AUNGS r, MAYOR-COMMJ~SIONFR HoYT HAMIlTON, VICE MAYOR-COMMI'iSIONFR WHITNEY GRAY, COMMI~~IOi'<FR fRANK HIBBARD, COMMISSIONFR * BIll JONSON, COMM"~IONFR "EQUAl EM PI OYMFN rAND AFrlRMA11V[ AC110N EMPI OYFR" ~ t-/ '::B 1[1 I 11Ci F'EF'C1F'T Oct. 14 2004 08:53RM YOUR LOGO YOUR FRX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FRCSIMILE 01 94428470 STRRT TIME USRGE TIME MODE PRGES RESULT Oct. 14 08:51RM 01'58 SND 05 OK TO TURN OFF REPORT, PRESS 'MENU' **04. THe.! SELECT OFF BY LEING '+' OR '-'. FOR FRX RDVRNTRGE RSSISTRNCE, PLEASE CALL 1-800-H8....P-FRX (435-7329). ~) 'R. 8, ~ ~I f .!; a; II ::E :E a. " N :6l !:l ~ ~ l ~ Gl 5 ~ < o o I- ~ :$ z (; ~ (f) .. 75~ ~Iaorado AE lIPW.fM"oooo7 ... 238A I MANOAlAY SHORES APT'~ \~'t!I.. :;:~"[f. ttIlHr321,cr:J"~ LOT 5@> 1M ~ Il1PUlc to PlAZA' .. . ~. ffl'L' 7 fl. g ..~ "1/ GEORGlLAS 'f '...3 LsJ7' 5 ~ Ill[ . - r~ LU. SUB 87-01 _I: 2 r:J .. J 2 1 : 7 ; 1 70 bit..L " J HDR~~ 1714 5...~, 121l~ "'_,3 ~ :; rn 7". flli:lJ~ 2 ---,( [LDOIIOOO ~ LH ~;.. ~ 8 ~"'T1 ~ e 1170 iii ---. 10 m 6 7 no till, 6 7 ~ .71 6 _j~l-;:;:;+- r-- M' 9.0 ~~~ [etl36 ~ eo ,..., 5 e.6 .75 8.. ...5 8.. _6 ~ 10 #U ~~~ r/i!--;- 4_4 au.. 7H4 "'4 .," :--~t ~ ~ i .., 3 8'" f :: 3~ ,:; , : 3 l':o: I :: :V':2: i hl:fl1,';; J " 2 "" ... 2 glU ",2 11UI "C .,2 ""4 _ 2 '3/11. Cn~ _ r-;-- "" 10 ... ",' '2'" H, , 12 .., , f--:tJ ~ ~ I16D :'4 1," '/_'41 1 C_'A - . ~ 14" 5 6 M' '4. e 7 '-l. tt 6 7 STRUT ~ F-:-- o ~ '" '7'" ... 5 8 ':: ... 5 8~; ...~ : 7 _ ~. ~ S 3.'"' ,,,3( 8... ~ :::~, .:: ~~ L_ ~~ ~ ~ /~ -- '''' 9 =3/~hl,O,.. i" ..:.:::..2(~'... !I "'2.fl "'3 -..!!!. 2 < _ "'I~ :1/' 161 J~ 10U4 S IU 3 ~ 1R u, )0-----, R ll1U 13/1 1011>> 2' 2 "',16 ~~ - 10114 g~7: m 2 - ~ .. ... 2 " ... ,.. 2 '--!t, _ B~" '17 1 12 ;- 12 Iif: -==--;- 11 Z ,~, 1 --;m -----,~ ~ a ullq ~ I ~ ;: :0,,, ~~y-bAr ~: /)/,,,,2 7; eo 'IE;:A 7: o.STRa~T ~ 6 &10 .,. 6 '!.- -J "' "a .If 8 ~ ..1"~' - r=--::. :-= . '\ ~ eo -:~ II' 5 8 ./~ 4 " P'. II' 5 12 '" .. ~ '''4 gau ~~ ~ ft :,:~::: ',: 1 78~~ :3 'o~ ~;;. ".fl~ --;-;;, eo, 2 1~... \eo-2 .",\ "'2 I. ~ ~ ~7 IO,' - IDIL ."_1 11~ ,,\':"1 MJO IO" 16"", \<0, I 1.'O...\IIi -- ...... 11D'. {mEET . I""'" 11 ............... S IIIANGO J...,j J.... ~ _ ~ ~ 1 11 10 11". ~ ~ ,,, 8 .Il""l "'6 7"0' n'.o .". n~_'2 ~ 7 m 7 10"" 8 I ~ 121J'D t3 .,'8 8 I L"' .".5 6 1,,,,.. ~ "'~ ~,o/ .,., 8 13,. T81 ~; ill. '1SI ;;-;- ~ ... -<.X' / T"7 14m ,., 7'll",14,.,0 _ . 5;':: ~ .", ~(I)L '2... ~'+ ' ~ ~ .. :: ~ '5,.. ", 6 15 ", I'~ ~ 7f" I _13.,.. ~ c __ 'IU ~ f.--- I---r-;-;- 1nl/.'ll(1;,/ p,'\, ... 5 16,,,! 5-'8 I-- .", J t.-..!!! ~ 1. '60 ~ ro--.--,-s 71/.. 17 1'SC ::J 'PIt.. )17 ~ ~ ~ ~l-/~ "/ ~ ... 3 18 ", '.. 3 I~~ J ~ r-;-'I ,.. , ~4 17j ! 2 I.......I~,. ,.., J~ ~ 0 ! 74/2 19 ',.: ..F, 2:"1..' ~ r-= ...:::-,~ .., 1 20 ~ L 5 71D 11 t2 ,.". :- 9/ ... smEET a ~ ",'0'3 '" ,p:;SC ':j ~ " 2,.. If.lRfS~ II i k M 1.0 ~ ~ \ '" ~ 14 111 ~""''''ll ~ ~ I L;-;-F.Jf f-' 2 7M "8 I 157D ?'B ~,.~ ~ I~ ~ ~ / ~i r--,.er '8~ ). "" I 1 7/1. '1J1'rs 7 16 164' ~ 'I 9 ,.,.. ~ \ { ~ : ~ f--:= '" . lilli, ". ' i 4 "'; ,., ~~ ,., 6 ~~ W 8\~.0,.. l~ \ '--- I!! ,,,S I ~,.~ 711' 730 ~ 19 "" 5 11 7" :t: , ". 1/7 12 I ASTER STREET Ii 4 l'9 TI .. 7/1 HI eo ~ 1IO '" '10 eo 711 J U '1/1 7 :: ~ 101: 7 '" ~... ", ~8 .~, tAe 7rf P" _ ~Df 70,2 ~7Di .",. ,.,. 1 I'" 2, 21 ,., l I I'''' 12 ".J 5 ~ _5- ".,1 ".1 " I- ~ ~ ~ y 258A ------ R:p:---T~~ MANDALAY 21-09 I 1 I CITY OF CLEARWATER AIIIl VICINITY PIIlEIUS COll1lTY !'LORIOA PREPARED BY PUBLIC WORKS ADMINISTRATION ENCINEERINC 100 11 W)'I1le.A...e CIrorll'Gtfr n JJ756 Ph (813)562-4750 rOI (8'3)526-H5~ http II_wcl~rwtller-ft(:om/fll9"eor/ ~ DI,e1olmer Public JnfO/'motlon dolo '. "',IIItned by t". City of ClKlfwol.r PublIc Work. AdrnInJ.trollon/Englneerlnq and must b. Dcc.pted and uud by the retll>r~nl wlth the U/ldef!ilond\o'lo tllot t"'e doto fl!'Ce'W'd WC'I tolleelK:! (or the purpo~ of deYe'top"'g 0 qrophtC: Infrastructure In\l'et"loty As wch 11'1. City 0' ClecrrW'Clter PWA;t mok.. no worront'" e.p,natd or Implied eone.tnlnq tn. OCctJfOCY C'Of'ftOIeteneu feflabblly Of IUttobnlty of thJs doto for ol'ly other porl,,:'U!or u.. Fudhrrl'nOre the City of C1eorwoter PWA/E onumn no nooillty whatso!""," ossocia1~ with the un or ,,"lsr_ of 51ct1 doto I!IllIE. this .4tlos paqe I. wb Jl'ct to prrlodlc chCln9" rOt In{ormatlon obotrl lat!'lI! revJslClf'lS pll!'OW con PWA/t or ...'slt our W!'b sll!' N EB 0 100 200 400 600 I I , I I SCALE ," = 400 p LEGEND @ BLOCK NUMBER N ~ 1234 LOT ADDRESS lO CD CITY LIMITS LINE 6 ~ r--, SHADED AREA - PROPERTY 8' 1..--.1 OUTSIDE CLEARWATER CITY LIMITS 65 " AGREEMENT TO ANNEX . 68 , . CITY OWNED PROPERTY 67 MDR ZONING DESIGNATION ", - ZONE LINE ". -- ~ J 1 ~ ~ % I I 1/ - " J i~ ~ !/~~ ftj f~~ P"""l 8 8 Ii; - 1----= 2588 4 - REVISED 8/29/00 ZONING ATLAS 249A NW 1/4 OF SECTION 5 -29S-15E , I, layout, residents and visItors frol}l a wi.de area funnel through this access. It is the mBt heavily used public acceSs in this neighborhood. -~ In summation: We believe that the requirements of the code, carefully followed, would not allow the reasons given by the developer for reducing the side setback IN ANY WAY. It is obvi9US tharhn adequate building can be built at 752 Eldorado without any hardship to the developer, obeying the full 25 foot setback requirement from Bohenia Circle 4 i' f'--- \ . - j-:.. 1 tl \ \ I G;~ - I ' r, ~ -~ -~ ~ I'.~.'" I ,:1 Signed: Name Address );.j /} If ? _/ Phone( Optional) M H, \- i"J iUU1 74 I .fY1:t/\i4 ~ Ave.- )J.17 !"4,'f 7- DiD i' ,'1; hi ~~ ~ : k '-~: f ~~) t _ 1 _ ,I \]/ ~ f ~: i..( .,/' f&dJL.3~ 7_~o ?lJJ~t)~ ~#) ~<f.$-- · 1l11!f<.1//J f}()P:rSC{/U'frl rs-If J]Rucf I4l1E 12-1 L14-3 32/0 · ~ J/ &kOlCL1 zL;/7 P3cfZ V ;i~;}f3 ~ 1 ~ ;+,.l11fJIJN-i4,-1 L.:!,UI=- 44- 7 4"T9 I · jLLr~ 1V 'Ma-y./"<Jj 7 3 ~ M~.dJ ~ '-} 'f ~ - 2. Z g) / ~ 'I< ~ 7'f1 Slct,,~ '1,/" 72 ZS- ~rdr<:CR 6~o/\ 750 tf~ If'-t-3 fltb ./c?~/ i:-~? (j-Eld~~ Av--R 'i~6-(970 /0 andcJa. ?2? 41 5(; /~/d IVJtwJJ~11JA fr1Jc L!t;&d~53 3,?A C (j) r (' \t ,c;f ~ $- f/ff() ~ - .1<4 -cl' " ;.,~/ &;4;; ;r. ~/ <If/?'-- of'f3 ? I '/~ . 1i!ft~Af.Yf1Wu~ , (1M /5~ y~~}- J;2 7 [i!~)o Nt-- \ \ C/--&2 -;lrf 2--7 \ " - ~ - ,> . ,.J' \ \ \ \ " --- Signed: Name Address I ) Phone(Optional) - ./ J' J If tk1 /y f)4 (-1.... ' / L-CZ (!}~--~Vj. ~ J <;5JI fiJp. '-/ if '3 -.2)'-1 ':) 90L( f/11./.J/'\JO/J.L4,/ 9'-06-5-7.6'7' , ~ L1L-f~'1o~~ ~ g!J9 ;tI/~ /!)~ ,5Y~ 3rj i3dl;JJ/AC4'~ ~j(J vdJ) /1/ ~ I ( ) I J I IV;; ~ .A ~/( /(/1',17/577)1/,47 S'[5-J#/Y'/)/(fo 37 V IL' 0 . f"-A"J, ~ 7le~ ~O~\A C\/L,- \~ tf'--\l-q S~ J 2bfJ~ &~/) 7 d:<o. ryy7(')Vf7cfprO'J IVt'Cj1-j2iVr. qj)v~ ~C=-,,~ '1-1'6 l71-ftN/J~~,- c 'I_~'~ } / I;jJjltA 1/q 11/1/VIJIJUIlL f~/i.\\t-~~ " ~ 'j c:L) ~ Allfi ~ 'd lUU4 t)Lf G""VGe 7 2 '0 1 f{ -.;'- ~ 4t.( 2 -G O)-S- -4- \ \ Signed: Name A,ddress Phone( Optional) , \ , 776 JIve (j7- 2.73 7(1 ~C8'A-vt? ;/%--3/07 7: .1 - ;+1 /'1/t!tC If /- ?~ 'Kft :E/do,~ ~. -I6/-<!;Jtr ~WA-;-L zt-~-?(.S( 1/16-~ '/'13'- 2' t:, g' r > ~ : -1 ~ -~\ ,i f'j .... ,,'.-I _ Al hi \. ~ lU04 ~ " ' , , r > '~ ~~ _ ~ f ~~L~~\J"r f' "' L l' \" "\'1,\ '> '-'; IIJII t \.oh- \...-1r_,.!,1t'JrdLP, \ \ \ \ \ \ .5'- \ \ L ' ZONlNG DISTRICTS fi 2-204 existing structures in the neighbor- ~ 3. hood have been constructed to a reg- , , ular or uniform set back from the right-of-way; ~4. 5. b. The reduction in front setback will not adversely affect adjacent prop- erty values. 2. The reduction in front setback is consistent with neighborhood char- acter; and The reduction in front setback re- sults in an efficient house layout. Rear setback: c. d. a. The reduction in rear setback will allow for the preservation of existing vegetation which could not other- wise be preserved; or b. The reduction in rear setback. will allow the development or redevelop- ment of a substandard lot which would otherwise not be feasible; or c. The reduction results in an efficient house layout; and d. The structures located within the rear setback otherwise required in the LMDR District are buffered with landscape material or fences to pro- tect the privacy and value of adja- cent properties. 3. Side setback: The reduction in side set- back will allow for the preservation of existing vegetation which could not other- wise be preserved. C. Residential inM pro~. ~ -=qrI- 1. Single-family detached dwellings are the only permitted use eligible for residential infill project application; ~ ~ The development or redevelopment of the parcel proposed for development is other- wise impractical without deviations from the intensity and other development stan- dards; Supp. No.3 The development of the parcel proposed for development as a residential in:fill project will not materially reduce the fan- market value of abutting properties, The uses within the residential in:fill project are otherwise permitted in the district; The uses within the residential infill project are compatible with adjacent land uses; The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicin- ity of the parcel proposed for develop- ment; The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justi- fied by the benefits to community charac- ter and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. D. Utility linfrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. (Ord. No. 6526-00, i 1, 6-15--00; Ord. No. 6680-01, i 2, 4-5-01) Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and CD2:15 I .' ZONING DISTRICTS ~ 2-204 2. existing structures in the neighbor- hood have been constructed to a reg- ular or uniform set back from the right-of-way; The reduction in front setback will not adversely affect adjacent prop- erty values. The reduction in front setback is consistent with neighborhood char- acter; and The reduction in front setback re- sults in an efficient house layout. Rear setback: b. c. d. a. The reduction in rear setback will allow for the preservation of existing vegetation which could not other- wise be preserved; or b. The reduction in rear setback will allow the development or redevelop- ment of a substandard lot which would otherwise not be feasible; or c. The reduction results in an efficient house layout; and d. The structures located within the rear setback otherwise required in the LMDR District are buffered with landscape material or fences to pro- tect the privacy and value of adja- cent properties. 3. Side setback: The reduction in side set- back will allow for the preservation of existing vegetation which could not other- wise be preserved. C~I!:'L 'ects. ~fl_'>'lir >'/i.M:c..,;PJPJ..., , ') 1. Single-family detached dwellings are the only permitted use eligible for residential infill project application; ~ The development or redevelopment of the parcel proposed for development is other- wise impractical without deviations from the intensity and other development stan- dards; Supp. No.3 ~n3. \'t ~4 The development of the parcel proposed for development as a residential in:fill project will not materially reduce the farr market value of abutting propertIes, The uses within the residentialinfill project are otherwise permitted in the district; The uses within the residential infill project are compatible with adjacent land uses; The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicin- ity of the parcel proposed for develop- ment; The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justi- fied by the benefits to community charac- ter and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. D. Utility I infrastructure facilities. 1. No above ground structures are located adjacent to a street right-of-way; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located. on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees and hedges which five years after installation will substantially obscure the fence or wall and the above ground structure. (Ord. No. 6526-00, ~ 1, 6-15-00; Ord. No. 6680-01, ~ 2, 4-5-01) 6. ~ 7. ~ ~ Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and CD2:15 We, the undersigned, petition the Community Development Board to reverse the Planning Official's decision to allow infill development status for the proposed project at 752 Eldorado Avenue, specifically as regards the reduced setback on Bohenia Circle. Name Address ,--::r~ t flI1 ~ ~ ~,~ 4~Q~ 7' s9 MtJv 'l),4L At ,q V C. ~1( ~ S ~ v'^ \.tV 1M;;' ~t ~~ ? .../ ~A t-tl~cJcu ,) AJ St?1 --teM~ ~ Cl.M6e4 g?-7 < , , We, the undersigned, petition the Community Development Board to reverse the Planning Official's decision to allow infill development status for the proposed project at 752 Eldorado Avenue, specifically as regards the reduced setback on Bohenia Circle. Name Address ~~'e-- C1~ 1~9- ~VIA-<-e- ~<!- duut. ~~ Ll1><3 cf( -r.e.i l<.@ Cj It ~ J'/\. Mrl~L..<j llJ ~ /' J ~ --.I HI. /1:J. ~ r; I 11/ / ~'-I 712 (all.!!) ft 4/1!-.../(;, , / ~ ~rf}~~ tJY7~ 7]O~ CM,~ /./ 1-~~)- l=LIQ oftl-~-(:)o L -IC~ ,9(a...<. /.~ 75-c'/l~~. I L&( i \S\~ '~X'Lvlr-: We, the undersigned, petition the Community Development Board to reverse the Planning Official's decision to allow infill development status for the proposed project at 752 Eldorado Avenue, specifically as regards .the re4uced seetback on Bohenia Circle. }! Address 1ft (jJut/J? l11 S ~lUl Q.AAL ~~ ~ . 8/nl 3~e.~r o. ~ Cto/L~ ~cA is\. B).)L~ 4v~ tS1 J3llALL- ;(ve- yvJ y !3&.ct... fJ{ ElkJ-o /9Je CRt6 Ito-0 ~IJr:C.!J 7 / ~ 8/U-Lc::.-L- ~ t...--- 7 2.1 ~r 0Ce.. fh )(/~ . 7 2- 3 13 tr'-4~c--Q..- Jwe.- YJ / ~ 7f3 CASE NO. APP2004-00007 LIST OF EXHIBITS A Development Order for FLS2004-05033, dated September 27,2004 (two pages) B Staff Report for FLS2004-05033 (five pages) C ApplIcatIOn for FLS2004-05033 (twelve pages) D Survey for 752/756 Eldorado Avenue (one page) E Proposed SIte Plan (one page) F Proposed BUIldmg elevatIOns (four pages) G Staff photographs from SIte VISIt (seventeen pages) H. Block Survey showmg reduced front setbacks between 10-15 feet, submItted by applIcant (1 page) I NeIghborhood PetItIon of ObjectIOn to FLS2004-05033 request, dated August 9, 2004 (five pages) J Letter from Appellant (two pages) Ii ,a(1(1!TLTLT.u-~ ~~o~~ ~I 0,0 rl{.- $'.,:>.0- ~~~\ '~1";'K"~J"',,~~.u ,,~It.~.., ~..(ff';.. ~,~,. I ~-~'" ~~::' ,\ IIj?m'!l\ .,;;: ~ l:l(5"',3l~'2::'f\~r'\' . '~ '" "'=~l~t:l ",!i -;, --=-=_ '-. ::--II~ ",ifii'"",~ --=- '-.,;:;::.'" ~"?.A"+-.~=- ",.~-;" ~f1/.'#IIII"'~~'+" ~#.)1TE~'lIff. '''.P8'' CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PlANNING DEVELOPMENT REVIEW September 27,2004 Mr Harry S Clme, Esq POBox 1669 Clearwater, FL 33757 RE Development Order regardmg case FLS2004-05033 at 752 Eldorado Avenue Dear Mr. clme: Tills letter constItutes a Development Order pursuant to SectIon 4-202 E of the Community Development Code. On August 12,2004, the Development ReVIew COmmIttee (DRC) reviewed your applIcatIOn for FlexIble Standard Development for constructIOn of a new smgle-famIly reSIdence, and fence/wall. The request IS for reductIon to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet m heIght along the front (south) property lIne and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUIldmg, under the prOVISIOns of SectIOn 2-203.C The DRC recommended approval ofthe applIcatIOn WIth the followmg bases and condItIons' Bases for Approval 1 The proposal complIes WIth ReSIdentIal Infill Project cntena under the proVIsions of SectIOn 2- 203 C, 2. The plan complIes WIth General ApplIcabIlIty cntena under the proVISIons of SectIon 3-913, and 3 The proposed development IS compatIble WIth the surroundmg area. CondItIons of Approval 1. That a $200 RecreatIOn FaCIlIty Impact fee IS due pnor to bUIldmg permIt Issuance for each new reSIdentIal umt 2. That veillcles cannot be parked m the dnveway blockmg the pedestnan access to the concrete SIdewalk 3 That any future proposals for deckmg to be located seaward of the coastal constructIOn control lIne wIll reqUIre approval from the State ofFlonda, and 4 That any future proposals for sWImmmg pool or deck addItIOns m the setback from the coastal constructIOn control lIne WIll reqUIre a FleXIble Standard Development approval for reductIon I concur WIth the findmgs of the Development ReVIew CommIttee and, through tills letter, approve your applIcatIOn for FleXIble Standard Development WIth the above four condItIon The approval IS BRIAN J AUNGS r, MAYOR-COMMI~SIONER HoYf HAMilTON, VICE Mi\YOR-COMMISSIONFR WHITNEY GRAY, Cml\IISoI0I\FR FRANK HIBBARD, COMMISSIONER * Bill JON<;ON, COMMI'oION~R "EQUAL EMPIOYMFNT AND AFFIRMA11vr AC1ION EMPIOYFR" September 27, 2004 '" Mr clme - Page Two based on and must adhere to the sIte plan and apphcatIOn dated receIved May 26,2004 and the revIsed sIte plan dated receIved September 15, 2004 Pursuant to SectIon 4-303, an applIcatIOn for a bUIldmg permIt shall be made wlthm one year of FleXIble Standard Development approval (September 27, 2005) All reqUIred certIficates of occupancy shall be obtamed wlthm one year of the date of Issuance of the bUIldmg permIt TIme frames do not change WIth succeSSIve owners The Issuance of thIS Development Order does not relIeve you of the necessIty to obtam any bUIldmg permIts or pay any Impact fees that may be reqUIred In order to faCIlItate the Issuance of any permIt or lIcense affected by thIS approval, please bnng a copy of thIS letter WIth you when applymg for any permIts or lIcenses that reqUIre tms pnor development approval. Pursuant to SectIon 4-502.A, an appeal may be ImtIated wltmn seven days ofthe date the Development Order IS Issued by an applIcant or property owners wltmn the reqUIred notIce area and who presented competent substantIal eVIdence m the Level One reVIew. A copy of the Development Order IS bemg sent to those surroundmg property owners who presented competent substantIal eVIdence m the Level One reVIew. The filIng of an applIcatIon/notIce of appeal shall stay the effect of the deciSIOn pendmg the final determmatIon of the case. The appeal penod for your case will exprre on October 4, 2004, (seven days from date ofDevelopment Order). If you have any questIons, please do not heSItate to call John Schodtler, Planner I, at 727-562-4604 You can access zomng for parcels wlthm the CIty through our webslte: www mvc1earwater com Smcerely, ~ CynthIa H Tarapam, AIcp Plannmg DIrector cc surroundmg property owners S IPlanmng DepartmentlC D BIStandard FlexlPendmg Casesl2 - ReVIewed and PendmglEldorado Ave 752 (LMDR) ApprovedlEldorado 752 Development Order doc IV DRC MeetIng Date Case Number Applicant Address August l2, 2004 FLS2003-05033 Mr Robert Basham / Harry Cline 752 Eldorado Avenue CITY OF CLEARWATER PLANNING DEPARTMENT DRAFT STAFF REPORT GENERAL INFORMATION: REQUEST: FlexIble Standard Development for constructIon of a new sIngle-fanuly resIdence, and fence/wall The request IS for reductIOn to the front (east) setback from 25 feet to lO feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet In heIght along the front (south) property lIne and a non-opaque (wrought Iron type) fence along the front (east) sIde of the bUIldmg, under the proVIsIOns of SectIOn 2-203 C EXISTING ZONING/LAND USE: Low MedIUm DensIty ResIdentIal (LMDR), ReSIdentIal Urban ClassIficatIOn, (RU) PROPERTY USE: Current Use Proposed Use Smgle-Fanuly resIdentIal Smgle-FamIly resIdentIal ADJACENT/ZONING LAND USES: North West East South Smgle- fanuly resIdentIal Gulf of MeXICO SIngle-famIly resIdentIal Beach access (R 0 W) SIngle-fanuly resIdentIal CHARACTER OF THE IMMEDIATE VICINITY: SIngle-fanuly dwellmgs donunate the unmedIate vIcIrnty ANALYSIS: The 0 l5-acre SIte IS located on the west sIde of Eldorado Avenue, at the mtersectIOn of Eldorado and the Bohema CIrcle South beach access The surroundIng area IS charactenzed by detached reSIdentIal homes The parcel contams an accessory shed for the sIngle-fanuly dwellIng located at 756 Eldorado The proposal Includes demolitIOn of the eXIstIng accessory shed The applicant provIded a block survey showmg the eXIstIng front (east) setbacks of neIghbonng propertIes to the north at 712 Eldorado and 820 Eldorado These propertIes were revealed to be at a 1O-foot setback or less from bUIldIng to property line There are other propertIes along Eldorado A venue and WIthIn the surroundIng vIcImty haVIng front setbacks at lO feet or less from property line to dwelling urnt The applicant has provIded a block survey showmg the front (south) setback located along the south Boherna CIrcle beach access IS charactenstIc of other beach access comer lots The applicant has not proVIded eVIdence to show how a concrete wall seven feet m heIght IS charactenstIc of SImIlar propertIes or meetIng the general applicabIlity cntena and resIdentIalmfill cntena The request has been reduced to a concrete wall four feet In heIght along the front (south) property lIne and a non-opaque (wrought Iron type) fence along the front (east) sIde of the bUIldmg The applicant has WIthdrawn theIr request for the sWImmmg pools and rear and front setbacks to pool deck S IPlanmng Department\C D BlStandard Flexl/nactlve or Flmshed CaseslEldorado 0752 (LMDR) ApprovedlEldorado 752 Staff Report doc- Page 1 " The Improvements wIll add value to the eXlstmg property and should have a posItIVe Impact on nelghbonng property values The current land value for 756 Eldorado Avenue IS $800,000 00 and the proposed Improvements are expected to double the eXlstmg value The proposed remodelmg wIll result m a development that mamtams the eXlstmg character of the neIghborhood The development complIes wIth densIty and ImpervIOUS surface ratIo standards wlthm the Low MedIUm DensIty ResIdentIal Dlstnct All applIcable Code reqUIrements and cntena mcIudmg but not Imuted to General ApplIcabIlIty cntena (SectIOn 3- 913) and ResIdentIal lnfill Project cntena (SectIOn 2-103 B) have been met CODE ENFORCEMENT ANALYSIS: There are no outstandmg enforcement Issues assocIated wIth tills SIte GENERAL STANDARDS (SectIOn 3-913): Development of the land wIll be m harmony wIth the scale, bulk, coverage, denSIty and character of adjacent propertIes ConSIstent InconsIstent X 2 Development wIll not hmder or dIscourage development and use of adjacent land and bUIldmgs or sIgruficantly ImpaIr the value thereof X 3 Development wIll not adversely affect the health or safety of persons resldmg or workmg m the neIghborhood X 4 Development IS desIgned to nurumlze. traffic congestIOn X 5 Development IS consIstent WIth the commuruty character of the ImmedIate VIClruty X 6 DesIgn of the proposed development nurumlzes adverse effects, mcIudmg VIsual, acoustIc and olfactory and hours of operatIOn Impacts on adjacent propertIes X S IPlanmng DepartmentlC D BIStandard Flexllnactlve or Finished Cases\Eldorado 0752 (LMDR) Approved\Eldorado 752 Staff Report doc- Page 2 , FLEXIBILITY CRITERIA FOR LMDR DISTRICT RESIDENTIAL INFILL PROJECTS: (Section 2-203.C): Smgle-famIly detached dwellmgs are the only pernutted use elIgible for residential mfill project applIcation, Consistent Inconsistent X 2 The development or redevelopment of the parcel proposed for development IS otherwise Impractical Without deviatIOns from the mtenslty and other development standards, X* 3 The development of the parcel proposed for development as a residential mfill project will not matenally reduce the fair market value of abuttmg propertIes, X 4 The uses Within the reSidential mfill project are otherwise permitted m the dIStnCt, X 5 The uses wlthm the reSIdentIal mfill project are compatible With adjacent land uses, X 6 The development of the parcel proposed for development as a reSIdential mfill project will upgrade the Immediate VICInIty of the parcel proposed for development, X 8 The desIgn of the proposed reSIdentIal mfill project creates a form and function whIch enhances the commumty character of the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole, FleXibility m regard to lot Width, reqUired setbacks, height, off-street parkmg access or other development standards are Justified by the benefits to communIty character and the Immediate VICInIty of the parcel proposed for development and the City of Clearwater as a whole X 7 X *See analYSIS sectIOn for explanatIOn of mconslstency With cntena S IPlanmng DepartmentlC D BlStandard Flex\/nacllve or Flmshed Cases\Eldorado 0752 (LMDR) ApprovedlEldorado 752 Staff Report doc- Page 3 I) t SUMMARY AND RECOMMENDATION: The Development RevIew Cormmttee revIewed the apphcatlOn and supportmg matenals on August 12, 2004 The Planmng Department recommends APPROVAL of the FlexIble Standard Development for constructIOn of a new smgle-famlly reSIdence, sWlmmmg pool/deck, and fence/wall The request IS for reductIOn to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 3 5 feet to the pool deck, for reductIOn to the waterfront (Coastal ConstructIOn Control Lme) setback from 25 feet to zero feet to the pool deck and pool, A wall of seven feet m heIght m the setbacks, as part of a ReSIdentIal Infill Project under the prOVISIOns of SectIOn 2-203 C for the sIte at 752 Eldorado Avenue, on the followmg bases and condItIOns Bases for Approval 1 The proposal comphes WIth the FleXIble Standard Development cntena as a ReSIdentIal Infill Project per SectIOn 2-203 C 2 The proposal IS m comphance WIth other standards m the Code mcludmg the General ApphcabIhty Cntena per SectIOn 3-913 3 The development IS compatIble WIth the surroundmg area and WIll enhance other redevelopment efforts CondItIOns of Approval 1 That a concrete wall be no taller than four feet m heIght along the front (south) property Ime and the non-opaque (wrought Iron type) fence along the front (east) SIde of the bUlldmg not exceed SIX feet m heIght 2 That a $200 RecreatIon FacIhty Impact fee IS due pnor to bUlldmg permIt Issuance for each new reSIdentIal urnt 3 That the face of the garage be 20' from the back edge of SIdewalk 4 That velucles cannot be parked m the dnveway blockmg the pedestnan access to the concrete SIdewalk Prepared by Plannmg Department Staff John Schodtler, Planner I S IPlanmng DepartmentlC D BlStandard Flex\lnacllve or Flmshed CaseslEldorado 0752 (LMDR) ApprovedlEldorado 752 Staff Report doc- Page 4 , ' ~ , , I i Planning Department " , I 100 South Myrtle Avenue ~ C earwater I Clearwater, Florida 33756 :~! Telephone 727-562-4567 ~l Fax 727-562.4865 o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION CASE # ______________________ DATE RECEIVED __________________ RECEIVED BY (staff initials) __________ ATLAS PAGE # ___________________ ZONING DISTRICT __________________ LAND USE CLASSIFICATION ______ SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST o SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION Indudlng 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE $ 10000 * NOTE 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) 0 RIG J N A L FLEXIBLE STANDARD DEVELOPMENT APPLICATION Single Family (LDR or LMDR only) Residential Infill Project (ReVised 11/18/03) - PLEASE TYPE OR PRINT- A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Code Section 4-202 A) APPLICANT NAME ROBERT D. BASHAM MAILING ADDRESS 2202 N. Westshore Boulevard, #500, Tampa ,FL 33607 PHONE NUMBER FAX NUMBER PROPERTY OWNER(S) ROBERT D. BASHAM {Must Include ALL owners as listed on the deed - prOVide onglnal slgnature(s} on page 6} AGENT NAME HARRY S. CLINE. ESQ. MAILING ADDRESS Post Office Box 1669. Glearwater. FL 33757 PHONE NUMBER (727) 441-8966 FAX NUMBER (727) 442-8470 CELL NUMBER E_MAILADDRESShsc@clw.macfar.com B. PROPOSED DEVELOPMENT INFORMATION. (Code Section 4-202.A) STREET ADDRESS of subject site _~ 5 Co -=--_ CU.d~ (Jp.( PARCEL NUMBER Lot~, Block 4, MANDALAY SUBDIVISION, Plat Book 14. pages 32-35, {If not listed here please note the location of thiS document In the submittal} P1.nellas County, Flor1.da 05-29-15-54666-004-0010 LEGAL DESCRIPTION PARCEL SIZE 110' x 60' - 6,600/ sq. it ) MOL (acres, square feet) PROPOSED USE(S) AND SIZE(S) ____~~~~~...:-J~~i1:y_E.~~id~ES~21_~!l!.~______________________----- (number of dwelling Units, hotel rooms or square footage of nonresidential use) Page 1 of 6 - FleXible Standard Development Application Single Family ReSidential Inflll Project- City of Clearwater @ DESCRIPTION OF REQUEST(S) ----Lll-Constructwn front propertY---lJ.n~thln teR-LL~eet of bo~ SC)I.\~ A~~he~t~e specific when IdentifYing the request (Include all requested code deviations e g reduction In required number of parking spaces specific use etc) ~operty llne~ (2) in-ground pool constructlon and deck at grade withln the rear twenty-five (25') foot setback from the CCCL, sald pool cross the CCCL; and (3) SlX (6') foot balcony overhang into rear setback :b 1, D' w~u.. ON .s~lJ\tH- DOES T I~ APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PUWNED UNIT DEVELOPMENT, LO"- OR A P IOUSL Y APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (If yes, attach a copy of the applicable documents) L.I N€ A'N~ \.)'~lt-.1 3.$' ",~-n.rs ~""'~ ~ b ' C. PROOF OF OWNERSHIP (Code Section 4-202 A.S) I ~ o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS (Code Section ~913 A) o ProVide complete responses to the SIX (6) GENERAL APPLICABILITY CRITERIA- Explain how each crltena IS achieved, In detail The proposed development of the land Will be In harmony With the scale, bulk, coverage, density and character of adjacent properties In which It IS located SEE ATTACHED 2 The proposed development Will not hinder or discourage the appropriate development and use of adjacent land and bUildings or significantly Impair the value thereof SEE ATTACHED 3 The proposed development Will not adversely affect the health or safety or persons reSiding or working In the neighborhood of the proposed use SEE ATTACHED 4 The proposed development is designed to minimize traffic congestJon SEE ATTllCHED ~ .. 5 The proposed development IS consistent With the community character of the Immediate VICInity of the parcel proposed for development SEE ATTACHED 6 The design of the proposed development minimiZeS adverse effects, including visual, acoustic and olfactory and hours of operation Impacts, on adjacent properties Page 2 of 6 - FleXible Standard Development Application Single Family ReSidential Inflll ProJect- City of Clearwater o Provide complete responses to the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA - Explain how each criteria IS achieved, In detail The development or redevelopment of the parcel proposed for development IS otherwise Impractical without deviations from the Intensity and development standards SEE ATTACHED 2 The development of the parcel proposed for development as a residential Infill project will not materially reduce the fair market value of abutting properties (Include the eXisting value of the site and the proposed value of the site with the Improvements) SEE ATTACHED 3 The uses within the resldenllallnfill project are otherwise permitted In the City of Clearwater SEE ATTACHED 4 The uses or mix of use within the resldentlallnfill project are compatible with adjacent land uses SEE ATTltCHED 5 The development of the parcel proposed for development as a resldenliallnfill project will upgrade the Immediate VICInity of the parcel proposed for development SEE A'T''T'ACREn 6 The design of the proposed resldentlallnfill project creates a form and function that enhances the community character of the Immediate vIcinity of the parcel proposed for development and the City of Clearwater as a whole SEE ATTACHED Page 3 of 6 - Flexible Standard Development Application Single Family ReSidential Infrll ProJect- City of Clearwater 7 Flexibility In regard to lot width, required setbacks, height and off-street parking are Justified by the benefits to community character and the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole SEE ATTACHED E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Cntena Manual and 4-202 A.21) o STORMWATER PLAN Including the follOWing requirements EXisting topography extending 50 feet beyond all property lines, Proposed grading Including finished floor elevations of all structures, All adjacent streets and municipal storm systems, Proposed stormwater detention/retention area Including top of bank, toe of slope and outlet control structure, Stormwater calculations for attenuation and water quality, Signature of Flonda registered ProfeSSional Engineer on all plans and calculations o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval IS required pnor to Issuance of City BUilding Permit), If applicable u -C,Ul"'TUt 0 'vVU''11 0 ~ "<::-,,. ~. Page 4 of 6 - FleXible Standard Development Application Single Family Residential Inflll ProJect- City of Clearwater F SUPPLEMENTAL SUBMITTAL REQUIREMENTS (Code Section 4-202 A) o SIGNED AND SEALED SURVEY (including legal descnptlon of property) - One orlgmal and 14 copies, o TREE SURVEY (Including eXisting trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, Including drip lines and indicating trees to be removed) - please design around the eXlstmg trees, o LOCATION MAP OF THE PROPERTY, o PARKING DEMAND STUDY In conjunction with a request to make deviatIOns to the parking standards (Ie Reduce number of spaces) Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be In accordance with accepted traffic engineering principles The findings of the study will be used In determining whether or not deviations to the parking standards are approved, o GRADING PLAN, as applicable, o PRELIMINARY PLAT, as reqUired (Note BUilding permits Will not be Issued until eVidence of recording a final plat IS prOVided), o COPY OF RECORDED PLAT, as applicable, G SITE PLAN SUBMITTAL REQUIREMENTS (Section 4-202.A) o SITE PLAN with the follOWing Information (not to exceed 24" X 36") All dimensions, North arrow, Englneenng bar scale (minimum scale one Inch equals 50 feet), and date prepared, Location map, Index sheet referenCing indiVidual sheets Included In package, Footpnnt and size of all EXISTING bUildings and structures, Footpnnt and size of all PROPOSED bUildings and structures, All reqUired setbacks, All eXisting and proposed pOints of access, All reqUIred Sight triangles, Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including deSCription and location of understory, ground cover vegetation and Wildlife habitats, etc, Location of all public and pnvate easements, Location of all street nghts-of-way Within and adjacent to the Site, Location of eXisting public and pnvate utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines, All parking spaces, dnveways, loading areas and vehicular use areas, Depiction by shading or crosshatching of all reqUired parking lot Intenor landscaped areas, Location of all solid waste containers, recycling or trash handling areas and outSide mechanical eqUipment and all reqUired screening (per Section 3-201(0)(1) and Index #701}, Location of all landscape matenal, Location of all on site and off site storm-water management facllilies, Location of all outdoor lighting fixtures. and Location of all eXisting and proposed Sidewalks o SITE DATA TABLE for eXisting, reqUired, and proposed development, In written/tabular form Land area In square feet and acres, Number of EXISTING dwelling Units, Number of PROPOSED dwelling units, Gross floor area devoted to each use, Parking spaces total number, presented In tabular form With the number of reqUired spaces, Total paved area, including all paved parking spaces and dnveways, expressed In square feet and percentage of the paved vehicular area, Size and species of all landscape matenal, OffiCial records book and page numbers of all eXisting ulility easement, BUilding and structure heights, Impermeable surface ratio (I S R ), and Floor area ratio (F A R ) for all nonreSidential uses o REDUCED SITE PLAN to scale (8 Y. X 11) and color rendenng If pOSSible, o FOR DEVELOPMENTS OVffi ONE ACRE, prOVide the follOWing additional Information on sile plan Page 5 of 6 - FleXible Standard Development Application Single Family ReSidential Infill ProJect- City of Clearwater One-foot contours or spot elevations on site, Off site elevations If required to evaluate the proposed stormwater management for the parcel, All open space areas, Location of all earth or water retaining walls and earth berms, Lot lines and bUilding lines (dimensioned), Streets and dnves (dimensioned), BUilding and structural setbacks (dimensioned), Structural overhangs, Tree Inventory, prepared by a "certified arbonst", of all trees 8" DBH or greater, reflecting Size, canopy (dnp lines) and condition of such trees H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS (Section 4-1102 A) o LANDSCAPE PLAN All eXisting and proposed structures, Names of abutting streets, Drainage and retention areas Including swales, Side slopes and bottom elevations, Delineation and dimensions of all required penmeter landscape buffers, Sight vIsibility tnangles, Delineation and dimensions of all parking areas Including landscaping Islands and curbing, Proposed and reqUired parking spaces, EXisting trees on-site and Immediately adjacent to the site, by species, size and locations, Including dnpllne (as Indicated on required tree survey), Plant schedule With a key (symbol or label) indicating the Size, descnptlon, specifications and quantities of all eXisting and proposed landscape matenals, Including botanical and common names, Location, Size, and quantities of all eXisting and proposed landscape matenals, Indicated by a key relating to the plant schedule, Typical planting details for trees, palms, shrubs and ground cover plants Including Instructions, SOil mixes, backfilling, mulching and protective measures, Intenor landscaping areas hatched and/or shaded and labeled and Intenor landscape coverage, expressing In both square feet and percentage covered, Conditions of a prevIous development approval (e g conditions Imposed by the Community Development Board), Irngatlon notes o REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendenng If pOSSible), o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS (Section 4-202.A 23) ReqUired In the event the application Includes a development where deSign standards are In Issue (e g Tounst and Downtown Dlstncts) or as part of a Comprehensive Infill Redevelopment Project or a Resldentlallnfill Project o BUILDING ELEVATION DRAWINGS - all Sides of all bUildings including height dimenSions, colors and matenals, o REDUCED BUILDING ELEVATIONS - four Sides of bUilding With colors and matenals to scale (8 Y, X 11) (black and white and color rendenng, If J SIGNAGE (DIVISion 19 SIGNS J Section 3-1806) o All EXISTING freestanding and attached Signs, PrOVide photographs and dimenSions (area, height, etc ), Indicate whether they Will be removed or to remain o All PROPOSED freestanding and attached signs, PrOVide details including location, Size, height, colors, matenals and draWing, freestanding signs shall Include the street address (numerals) o Comprehensive Sign Program application, as applicable (separate application and fee required) - - '-' \0 12^ II) \"UIUI), II ">l' K. TRAFFIC IMPACT STUDY (Section 4-202 A.13 and 4-801 C) Page 6 of 6 _ FleXible Standard Development Application Single Family Residential Inflll ProJect- City of Clearwater o Include as required If proposed development will degrade the acceptable level of service for any roadway as adopted In the Comprehensive Plan Tnp generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual Refer to Section 4.801 C of the Community Development Code for exceptions to this requlreme~", R ~t~y P14." ohm A. Ahlquist ~~, ~~~ Go1ll!Dlll&on # C :;''3.', ' 1~~' ll'e8 Sep 27,2004 ~1-"" ~ Bonded Thru ;",8tW,," A1Ianhe BonrhDg Co. lD.ll. STATE OF FLORIDA, COUNTY OF PINELLAS 2. (112. Sworn to and subscribed before me this day of -M:4 ____, AD 201Jil- to ~~d/or by _ f2o~_T.J!'-!?!!jH Am _____, who IS ~own has produced ___tLL_- ___ as Identification ~,*41- Notary ubllc, {2.ofl,I,..J. A i....l/Utsr My commiSSion expires '1 ).1. )-oo'f L SIGNATURE: I, the underSigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge and authorize City representatives to VISit and phot the property described In thl P Icatlon Signature of property owner or representative AFFIDAVIT TO AUTHORIZE AGENT: ROBERT D. BASHAM (Names of all property owners on deed - please PRINT full names) That (I am/we are) the owner(s) and record title holder(s) of the follOWing described property (address or general location) Lot I. Block 4. MANDALAY SUBDIVISION. PlRt Book 14, PREP~ 17 1~. public records of Pinellas County, Flor1da 2 That this property constitutes the property for which a request for a (describe request) 3 That the undersigned (has/have) appointed and (does/do) appoint HARRY S. CLINE. ESQ. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition, 4 That this affidaVit has been executed to Induce the City of Clearwater, Florida to consider and act on the above described property, 5 That site VISitS to the property are necessary by City representatives In order to process this application and the owner authorizes City representatives to VISit and photograph the property described In this application, 6 That (I/we), the underSigned authority, hereby certify that the foregOing IS tr D. BASHAM Property Owner Property Owner Property Owner ST A TE OF FLORIDA, COUNTY OF PINELLAS Page 7 of 6 _ Flexible Standard Development Application Single Family ReSidential Inflll ProJect- City of Clearwater Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this ;) 0-tb day of /vld# _ .).{;t)tf personally appeared ROBERT D. RASHAM who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidaVit that he/she signed -~~4 IH-l~f- ~ Notary Public My Commission Expires q -)1- Jt>D+ #m"'t~V;f~ Robin A. Ahlqulst :a. ,r it;.... ."?ECOlllIl1IM1on # CC 960829 ;-.v~~~ Explre8Bo Sep 27,2004 ~~.OF f\.'\)~'~ nded Thro ;'111/11\"" Atlanl1e BonduJg Co. Ine. S IPlannmg DepartmentlAppl,catlOn Formsldevelopment rev,ewl2003 FORMSlsmgle family resldent,al mfl/1 application 2003 doc Page 8 of 6 - Flexible Standard Development Application Single Family Residential Infill ProJect- City of Clearwater D. Written Submittal Requirements (Code Section 3-913.A) 1 The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it s located. The proposed constructIOn, both front and back, lS conslstent wlth an emergmg development scheme along Eldorado Avenue, and essentzally all new constructlOn lS conslstent wlth thls request 2 The proposed development shall not hinder or discourage the appropriate development and sue of adjacent land and buildings or significantly impair the value thereof. The proposed constructIOn lS actually conslstent wlth development standards as It relates to propertles on elther slde, and the new constructIOn wlll slgnificantly enhance the nelghborhood, and accordmgly the values along Eldorado Avenue at thls pomt 3 The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed development wlll be conslstent wlth actlvltles whlch are ongomg, whlch mvolves new constructlOn up and down the street, and the end result wlll be conslstent wlth the nelghborhood and wlll have no adverse affects 4 The proposed development is designated to minimize traffic congestion. The proposed development has no mcreased lmpact or affect on traffic 5 The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development lS conslstent wlth the commumty character and wlll represent an enhancement and lmprovement, conslstent wlth recent development along Eldorado Avenue 6 The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed development lS contamed wlthm the slde setbacks so adverse vlsual lmpacts to the nelghborhood should not be of materzal consequence, and the usage wlll be otherwlse conslstent wlth the nelghborhood and wlll have no other adverse lmpacts h \data\aty\hsc\docs\basham flex doc Seven (7) Residential Infill Project Criteria: 1 The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. The lots as platted and developed are relatlvely small by current standards, and the buzldmg envelope has been further lmpacted by the creatlOn of the CCCL Front constructlOn, although to be wlthm ten (J 0:'> feet of the property lme, wlll be approxlmately twenty-five (25:'> feet to thlrty (30:'> feet from the edge of pavement, and further expanSlOn of Eldorado A venue lS unhkely so adequate vlsta eXlsts As to the rear constructlOn, the footprmt of the buzldmg, located twenty- jive (25:'> feet from the CCCL lS m fact forty-five (45:'> feet, MOL, from the rear platted lot lme, and at lts nearest pomt lS thlrty-two pomt four (32 4:'> feet from the retammg wall, so adequate vlstas wlll remam, and proposed constructlOn lS m fact conslstent wlth other ongomg development up and down the street The pool and deckmg wlll not be above grade and wlll have httle or no lmpact from a vlsual, or obstructlOn standpomt 2 The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties. [Include the existing value of the site and the proposed value of the site with the improvements]. The gross land value, accordmg to the Tax Assessor's Office, lS approxlmately $800,000, wlth new constructlOn, It lS antlclpated that the value wlll double, although market condltlOns wlll determme przcmg 3 The uses within the residential infill project are otherwise permitted in the City of Clearwater. The use proposed lS smgle-famlly resldentzal, thls lS an approved use wlthm the zone for the Czty of Clearwater, and lS conslstent wlth the nelghborhood 4 The uses or mix within the residential in fill project are compatible with adjacent land uses. The use lS conslstent wlth eXlstmg and emergmg development along Eldorado Avenue 5 The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development. The property has not been upgraded or developed/redeveloped for many years and the proposed development and use wzll represent an upgrade conszstent wlth current patterns on Eldorado Avenue 6 The design of the proposed residential infill project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Any new constructzon, of a szngle-famzly reszdentzal nature, wzll represent an zmprovement, and therefore an enhancement to the communzty, relatzve to thzs partzcular property 7 Flexibility in regard to low width, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The requested znfill approvalzs Justified, and does benefit the communzty, by provzdzng an adequate buzldzng envelope to construct a szngle-famzly reszdentzal home conszstent wzth other propertzes bezng currently developed along thzs street and zn thzs nezghborhood, and wzll represent an zmprovement, and therefore a benefit, to the communzty as well as to the szte zndzvzdually h \data\aty\hsc\docs\basham mfill doc MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW LAKELAND FLORIDA 33803 TAMPA FLORIDA 33602 625 COURT STREET POBOX 16S9 <ZIP 33757) CLEARWATER FLORIDA 33756 (727) 441 8966 FAX (727) 442 8470 1501 SOUTH FLORIDA AVENUE 400 NORTH TAMPA STREET SUITE 2300 POBOX 1531 (ZIP 33601) (863) 680 9908 FAX (863) 6632849 (813) 273 4200 FAX (813) 2734396 www mfmlegal com EMAIL Info@rnfmlegal com IN REPLY REFER TO May 26, 2004 Clearwater C1ty of Clearwater State of Flor1da CERTIFICATE OF TITLE The unders1gned, HARRY S. CLINE, a llcensed attorney at law, does hereby cert1fy that as of the date of th1S cert1ficate that fee simple t1tle to the property descr1bed in O.R. Book 12646, page 427, publ1C records of P1nellas County, Flor1da, Wh1Ch property 1S descr1bed as follows Lot 2, Block 4, MANDALAY SUBDIVISION, accord1ng to map or plat thereof as recorded 1n Plat Book 14, pages 32 thru 35, publ1C records of pinellas County, Flor1da. 1S presently vested 1n STEVEN B CHAPMAN. EXECUTED th1S 26~ day of May, 2004 MACFARLANE [FERGUSON & McMULLEN (.~~ '\~ By. Harry S. Cline V h \data\aty\hsc\corresp '04\chapman cert doc '&. ~ 8. ~ ~I ~ ~ Gi !l ::< ::E Q. " N ~ '" o ~ i;j o ~ ." ~ lil :5 S o <: () o t- ::> S z (9 ~ en ~ 13 u .~ ~ p ~ ~ ~ S&4a:TeC"\ StTE .. \ MANOALAY SHORES APT'S OOVT I , I \ LOT 5 @ ... GEOIlGILAS J I... 3 HDRUB/~ ---..,( EUJOIlNlO ~~ ~ LN ~ ~ _10",67"0 s.,,1I0W'T5 e"' 58m -...:...;,. "',,'1 ~ au 4 7"" M, 4 ~ ~ .., 3 D 8'" i ::: 3QW,:: 2"tJ '"2 9164 S662 "UI [ll ii?' 06' 1 ... ~~ 10 ISO '61 1 12 g to Ii~ J!'" ""'5661. o ,'i# '7T '~I '4' 5 S~~ ...3( 8... 5 I r:..! -2 · AU i R~ ~ '0'" 2 il 80HEN1~ -J lI8ti -~ ~ In 8 9---' ~ sa 7 10'21 6'" ~ .---.;; ~ ~ .2 '(14 -,. qt,6 '#14 g'U ,~# '4..f-.t' ,. "'~j;T. N4 3f'.~ ~/'0&JD 2' '''00 '" 6 '2-_ 12 .11 5 ." VI 4 13 III H7 3(1 14 801 SOl 2 15 &OJ I 1'1" ,l '..:ilio' '6... ... J N~ il7 ~ (~.,~ 9~ ..!Ii!!!.; .. ..~..., 7 71' 7 10'''0 --I!J. L '5""" ~ ~ - ~ .~ ~51lu ~ ~ ~l 2 ,.. d 7i.I" ~~ '116 ~~ ~ 716~ ~ ~ ~ 175 6 ~ '171 5 1) 12.,., r-- ~ ",...~ f-- " ~7 ~I ,:60 76" V ~~ --- ..:.:.--r-- ut \ 11 12 .,4' 10 .,t, 9 14 '" 1st 8 1~5"" ,.. 7 16 ~ 17 ,..Ul - 18 "" .. 19 ~ 110 .,.. 'lID ,,'1 YO' 1" ~~ ~~" 1 '01 \m 'DO 60 ~ 7 ..(, ... B .ta .., , I .., ~ ... 238A 87 615/ilil2 1 .~~ M!: ICFUtc ... 6 ... 5 ... 3 u. 2 ...' ~ 6 IU358uo I-~ ,-L y 258A . .., fl0_ 11.14 12 ... 7 .<< 7071> 8... ~ 181 .. ~ 'I? 3( "--1 ~ 7 J l:REPLAT rl MANDALAY 21-09 ------ ------ T~ I ... 5 10 "" ~ J 1 ~ ~ 5b p I I I A~ \~65, I 66 I, 67 m I I I ~$ ~ j /- /iJ ~ f!J~/iJ ~ c::. 8 te 1--= ? c)RR 4 .. Oltldalmer w CITY OF CLEARWATER AJ!D V1Cl!lITY POO:ILAS COUllTY. rLORIO" PREPARED BY PUBLIC WORKS ADMINISTRATION ENCINEERINC 100 S "')rlle A.... CIlr"".,ahr H 33756 Ph (813)~2-"750 fOl (81J)~26-"755 hllp / J"". ct.arwolet-fI COtn/~9Il'lHl' / PulHlC Il'IfOf'mollon dolo I. furnlsnecr by tn. CIty of Clf'Ofwol., Public Work. Mmlnlltrotlon/Englnlterlnq and mUll 1>8 acctpted and used by the 'ecl~lent with the understandi'1Q tllo\ the' data rrc:eolW'd WO!I colleoc:tKl for the purpo5:l' of developW1q 0 C70ph1c Infrastructure InventOf'")' As such the CIty of CI~rwotl!r PWA;t f'f\oktll no ...<<ronUn 'J(fHltu.d Of r""pll'd conc.rnh'Q 11\.- occurocy eornpletenen relIability 0( sulllbU1ty of thl:!! dolo for o...y other QQlbcular UN: fudt-umore Ihe City of Cleor.....oler PWA!E o$'SUm" no 1I0blllty wt'lol'li.o,"wr ossgdotl!'d ..th the un Dr ,n1Sl~ of such dalo = This Atla, poqe Is ~ub.tecl 10 perIodic chongn for information obcut lotelt revlSlOfls please coli PWA!t or Of':!lt our Web site LEGEND @ BLOCK NUMBER '234 LOT ADDRESS EB ----- 100 200 , I 400 I 600 I SCALE 1" 400 ~--, SHADED AREA - PROPER1Y L_-' OUTSIDE CLEARWATER CITY liMITS CITY LIMITS LiNE . AGREEMENT TO ANNEX . CITY OWNEO PROPERTY MDR ZONING DESIGNATION - ZONE LiNE '" " - REVISED 8/29/00 ZONING ATLAS 249A NW 1/4 OF' SECTION 5 -Z9S-15E 1 I I ~ J 730 61 3'w-o....LQ , 0' SE.-rOAt:.I'- (AS~Sta. ) 8,A. ,. , As~rz. ~ A"c..6~S , "0 R .0 . W · z. 'J J 13~ f,,~~ NO F&Ja; oR. ~ ~O' S&rG4'~ (~) 3 6.A " , 4f 7S-o ~1""'.D.u ~t Cf~ -.,~ 10' .....CI& ~) ..Ita. I I I , !>oh~ ~ S 'at A . '" ~' "., . ~ " , 180 f.\~ t.' ~LL- 5' "'.AC-. /N1Iw.o) , .1' # ''''T6~ a. A . I l I , Mt4tJ6to B.A 7 ~IJ I ".,. fA) . . / \ I r " , " ~ ; l' -., 1, 1 ...., '" '" c%- ,:;- -7'r -,.""}~.....'" ~ID~ ~lJrJ ~-r8fLF~,.,~ Nf c.o~ ate. 9 lAY ,",It ItJ .11' ..,..",,, ) . I l 7fl NOItJ ~I~ 'u..-r SI ~I" I~ 10' s.r."~Jc. . .. I I II. t' f.l~~ L. ft) l' MIl... (B0t4",.A ') II ~O' ser...~ fA A. . ., . I'Z, ~ ~.~ I.' ser~ JJ ....~." ~". ') t .) . *- c;3) !:.(~ fJI>>J ~fta~ . '., ~I-- I~ LIllI 1')f.,.., I.' ,~ I CLWCoverSheet -/ '. ~ , APP2004-00007 , 752 ELDORADO AVE Date Received: 10/06/2004 ROBERT D BASHAM ZONING DISTRICT: LMDR LAND USE: RU ATLAS PAGE: 249A PLANNER OF RECORD: JVS \ ; Clearwater o~ ~ Planning Department 100 South Myrtle Avenue Clearwater, FIonda 33756 Telephone 727-562-4501 Fax: 727-562-4576 CASE #: DATE RECEIVED 1 () RECEIVED BY (staff initials) o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION o APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - RESI~ o APPEAL TO THE COMMUNITY,DEVELOPMENT BOARD - NON-RESIDENTIAL $250 00 o APPEAL TO HEARING OFFICER $500 00 , . ; " APPEAL APPLICATION Level One and Level Two RevIews (RevL'llllI 02127/04) :1 ~?)~~[E~~[E 'v-- , II I I! DC T 4 dlD4 ',_, I I, ! I I I I /1 '" .r_ , ~ ~=....; I l____ I Pl M,'i-!,NG & C[VELOPMENT SERVICES CIT) OF CLEr\RWATEq 75d ~) d.ff;~do - ..~tF' -PLEASE TYPE OR PRINT- APPUCATlONlNOTlCE OF APPEAL (Code Section 4-S02.A & B) Section 4-5Q2.A' An appeal of a Level One approvaJ (Flexible standard Development) may be mrtialed by a property owner abutting the property which is the subject of the approval wlttlln seven days of the dale the Development Order IS ISSUed. The filing of an appIicabonInotIce of appeal shaD slay the effect of the deCIsion pending the final detefllm lation of the case The heanng before the Communily Development Board shall be scheduled at the first available meebng of the Board (sufficient to provide nobce under Section 4-2(6) and may be continued at that meeting of the Board so that the Board may receive more infomlation, cIanficabon, or research. The Commundy Development Board shall render a decision at the meeting but not later than 70 days from the recelpt of the notice of appea~ unless the parties by mutual consent exIend the time frame for the Board's decision unbI a subsequent meeting Section 4-502 B: An apphcationInoti of appeal of appeal of any decISIon of the City. as provided In SectIon 4-501, may be mibated by the applICant or any person granted party status within t 4 days of the deCIsIon. Such apprlCabon shall be filed with the Cily Clerk in a form spectfied by the Community Development Coordinator identifying with specdicity the basis for the appeal and accompamed by a fee as requued by SectIon 4-202.E. The filing of an appbcatJon/noti of appeal shaD 9ay the effect of the decision pendi~ the final determination of the case A. APPELLANT AND AGENT INFORMATION: MAILING ADDRESS: 'l-So )' j ~ " \ . ~\~:-,\,~w ~13 ,~ G.- MAN]:) ~ L... F\. '-'~ FAX NUMBER: l\. '-\- 3 ~ Ij-Q ~ ~~.6c' APPELlANT NAME: 5. po", ~"'b\~~ PHONE NUMBER j;;./- 4-'\"S - '\--'+<c.~ AGENT NAME' MAILING ADDRESS. PHONE NUMBER FAX NUMBER B. APPEAL INFORMATION CHECK THE SPECIFIC APPEAL' ADDeals to the Commumtv Deve/omnent Board o Orders, requirements, declSlOflS or determInatIOns made by an adminIStrative official In the admInistration of the Community Development Code, except for enforcement actIOns o Administrative Interpretabons of the Community Development Code ~Level One (FlexIble standard Development and Minimum standard) approval decISIOns o Demals of any pennlt or Itcense ISSUed under the proVISIons of the Commumty Development Code o Any denials deemed to have occurred as result of the failure of the Community Development Coordinator to act wlttun the tllne IImlls provided In thIS Community Development Code \ " ','liS II II I ' I \ I -, i ! I I : / J I I \ ' I " I ~_____ ______ __ ____J PlAr-,;[ 'li"(~ f!. r - ELIJPIv'lF,'1 r SERJICES CITY OF CLcrlRWA rIC:q ApDeafs to a heanna officer o DecIsIons of the Community Development Board regarding Level Two approvals o Decisions of the Community Development Board regarding Level One approvals o OTHER (as allowed by Code) ADDRESS OF SUBJECT APPEAL (If applicable) SPECIFIC CASE NUMBER TO BE APPEALED (If applicable) DATE OF DECISION C. BASIS OF APPEAL: Explain In detail the basis for the appeal Use additional sheets If necessary ~ c~ <""'-0"""'- O--~"t-Q.Q i~ ~ ~\ ~=-,--\c. C~ f \ elL n <V~ {Lj """\0 ~ aA...\- IlAO A -t_ ~~ ~ . \ \ - \ ~-~'W:t-d ~\jc.~ '" ~~ ~ D. SIGNATURE: I, the undersigned, acknowledge that all representations made In thiS application are true and accurate to the best of my knowledge STATE OF FLORIDA, COUNTY OF PINELLAS li Sworn to and subscnbed befOrU~ me thIS -k day of A D 20 to me and/or by "5.""",,, S)r~ . who IS personally known has produced \.. 1)~ ~ (., as Identification .. /13vJ;t'~ SI7pr;?~e- ~~.~ ~otary publiC, / " My coll1~lon expires ~___~ S \Plannmg DeparlmenMppllcatlon Forms'development revlewlAppeal Application 2002 doc JANENE L CROSBY I EXPIRES JUN 23. 2006 r:.W Bonded through Advantage Notary CDB Meetmg Date Case Number Agenda Item Owner Appellant Address November 16, 2004 APP 2004-00007 HI Robert D Basham Mrs Sandra Bntton (750 Mandalav Avenue. Clearwater, FL, 33767) 752 Eldorado Avenue CITY OF CLEARWATER PLANNING DEPARTMENT STAFF SUMMARY OF EVENTS GENERAL INFORMATION: REQUEST: Appeal of the decIsIOn of a Level One (~lexlble Standard Development) that approved an applIcatIon reducmg the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and to allow a concrete wall four feet m heIght along the front (south) property lme and a non-opaque (wrought Iron type) fence along the front (east) SIde ofthe bmldmg, under the provIsions of SectIOn 2-203.C. (FLS2004-05033) BACKGROUND: Tills 0.15-acre site IS located on the west SIde of Eldorado Avenue, at the intersectIon of Eldorado and the Bohema Cucle South beach access. The surroundmg area IS charactenzed by detached resldential homes. The parcel contams an accessory shed for the smgle-famlly dwellmg located at 756 Eldorado. The proposal mcludes demolItIOn of the eXlstmg accessory shed. ThIS case IS an appeal of a Level One (FleXIble Standard Development) that approved an applIcatIOn reducmg the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and to allow a concrete wall four feet m heIght along the front (south) property lme and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUIldmg, as a ReSIdentIal Infill Project, under the prOVIsIOns of SectIOn 2- 203 C., under Case No FLS2004-05033. The applIcatIOn was conSIdered by the Development ReVIew Cmmmttee at ItS meetmg on August 12,2004. A Development Order (ExhIbIt "A") was Issued approvmg the request on September 27,2004 Attached IS the Staff Report (ExhIbIt "B") for the FleXIble Standard Development case APPEAL PROCESS: The appellant filed thIS appeal on October 4, 2004. SectIOn 4-501 A 3 of the Commumty Development Code states that the Commumty Development Board has the authonty to hear appeals from Level One approval deCISIOns SectIon 4-502 A proVIdes that an appeal of a Level One approval (FleXIble Standard Development) may be ImtIated by an applIcant or property owner wlthm the reqUIred notIce area and who presented competent substantIal eVIdence III the Staff Report - Commumty Development Board - November 16, 2004 - Case APP2004-00007 - Page 1 Level One reVIew wlthm seven days of the date the Development Order IS Issued The filIng of an applIcatIOn/notIce of appeal shall stay the effect of the decIsIOn pendmg the final determInatIOn of the case SectIOn 4-504 B states that upon receIpt of the applIcatIon/notIce of appeal, the CommunIty Development Board (CDB) shall place the appeal on the consent agenda of the next scheduled meetIng of the CDB NotIce of the date of such meetIng shall be proVIded the applIcant and the appellants by mall and by telephone The appeal may be removed from the consent agenda only by a vote of at least four members of the CDB. If the appeal IS not removed from the consent agenda, the decIsIOn of the CommunIty Development CoordInator IS confirmed as part of the consent agenda by a vote of the maJonty of the members of the CDB If the appeal IS removed from the consent agenda, the CDB shall reVIew the applIcatIOn, the recommendatIOn of the Commumty Development Coordmator, conduct a quaSI-JudIcIal publIc heanng on the applIcatIOn m accord wIth SectIOn 4-206 (notIce and publIc heanngs) and render a decIsIOn m accordance wIth the provISIOns of SectIOn 4-206 D 5 grantmg the appeal, grantmg the appeal subject to speCIfied condItIons or denymg the appeal Pursuant to SectIOn 4-504 C of the CommunIty Development Code, m order to grant an appeal, overturnmg or modIfymg the decIsIOn appealed from, the communIty development board shall find that based on substantIal competent eVIdence presented by the applIcant or other party: 1) The deCISIon appealed from mIsconstrued or mcorrectly mterpreted the proVISIOns of the Commumty Development Code; and 2) That the deCISIOn w1l1 be m harmony WIth the general mtent and purpose of the CommunIty Development Code; and 3) W1l1 not be detnmental to the publIc health, safety and general welfare Prepared by PlannIng Department Staff: ~4-..- ~erI ATTACHMENTS' Aenal Photograph of SIte and VIcinIty LocatIOn Map Zonmg Atlas Map ExhIbItS A - H S \Plannzng DepartmentlC D BIFLEXlPendmg cases I Up for the next CDBlEldorado 0752 Basham Appeal J J J 604 CDBlEldorado 752 Appeal Staff Report doc Staff Report - Commumty Development Board - November 16,2004 - Case APP2004-00007 - Page 2 View looking west at subject lot - 752 Eldorado Avenue 752 Eldorado APP2004-00007 Open Space - Clearwater Beach ~ I I ~I - ...... l4$._r-.. r--~- l!:; I " i I ~ "" !_____ L____J " ,-- '- J.J - - ('-'J..L L-I C;'='1 C_1 I 1 I I, 1 _I ) I' ;: WI ~-=t;11 PM~ ~ !;'",- I r1 Detached Dwellim~s I I L I Y'l rl JJ i ~ ~ JJ;o \ I f' J I ~ 753 i) r _..-:~ ~[~J ~ ;; ~t--I ,J ~, 1~ /if (, I I L," J { I r -'-""'1 it '..r... 7fJ4 r-l,r l:tid: II ~ t L \ ~ ,/",r-I L-:1 'T-L I Lr;::Y lio~" r T ~I "' ," I ~ e\f'.. r- e " I I b ~ tl'~ G ~ ',,,/ L_1lt6 o So"'E~ -< ~1> I rJ 74f _~ 7'2 ~ I 1-- , , N ,.. _ I 11 1_ I ~ r---"j ~ tJ I I-J m r~- "j : L~~6 o i' ~-I I I · , ~ 1_- ~ 7*-1 r-J.:{ ~q.i __I J 7' S I r~ I I -- ~ 7'>'0 "I , J L....L r--~ f~", J~1'1 '<....;~<::j30 l...,..1 L. i rbl ~ L, - 1 r;,I--~?Il ~-'"-- ~ Idt1 r.J .,., ~ "1_1 [-~ Df'taC'hf'd Dwelling~ is I , ~:J I L, ~_ t_ '.7 1 I I ---~ --~ r-l 11" l: P"l-l L..-~ L7'sT..f I I 1. Jig Im~ r"""!u 'r~--I rr~i '"I r' r, l J IJ ,_J- 71~J L_"j L__J r _JoJ -t 7fI" I f-J 1--' "171 t " rl I-~ ,I I' L.J f'I L _-",J? I I '_J L _...I r- -, I r--fT 7fn I ! f--_r" r-, '1 "..,dB ~09 ,-~ l_ ---1M 7<7 ~ _ _ rj . '-, r--"l, d r.:"'6 r:~Lll-' '-\"_.1., f r'1 ~-~ i .--21" I \ 'il I I r---- ~ t J . I 776 ---1 I I L_ I J. J ..J7o , , I~ I 'I --I -1-"''(-1 I I I -- -, I i-i I I I~! l, L, fJl/l.L I \ r~' .. I ~ I - I r' I ..-T411.... r-~ r--' I I 73B I L___' i-j I I ,_ _J ...- I rr ( L__:cl6 I L I_~ r I I I r -.t- I ~-- ~ l i I ,. ~I '--an.~ huFr- :-1 r..!'Jl'fLI~,~11 , I o!.. ' 1..._J - L_-.l...2 ~ ,- ,"1:.""-, hQ. T' ~-,J ~-~Jl\ vj; ~ MANGO ST 808 , \; I J rtmt' -, I , L-. ! -' --- 1 I 1 I I 1__-- Existing Surrounding Uses Map Owner: Robert D Basham Site' 752 Eldorado Avenue Case' APP2004-o0007 Property Size(Acres) . 0.149 acres PIN: OS/29/15/54666/004/0010 I Atlas Page: 249A - \" ~ ~ LL 7Bf ~ L ~l C:J ~ 7 ~7J ~l ~ 1-0 L.. Owner: Site: ,,;- 3 ;z;; ....~.5'/ w ;L~~ .. --I,"" ~t'; L' , ; " Ii , . Robert D Basham 752 Eldorado Avenue 1 I l I o e: . :2l f ~ r Aerial Map Case: APP2004-o0007 Property Size(Acres): 0.149 acres PIN OS/29/15/54666/004/0010 Atlas Page: 249A PROJECT SITE Owner. Location Map Robert D Basham Case: Site: 752 Eldorado Avenue Property Size (Acres) . PIN: A tlas Page' " ~ f)Jt Ii 'J . i \ '-- \ \ \ \ \ APP2004.{)()007 0.149 acres OS/29/15/54666/004/0010 249A p . c=-' " ,--1;; \, \ L.J LLrJ -zzu:.. r I "'--1llJJ_ i \', L_I 1_, I ~'i. .1 ',I ... Fi IJ I l) I 1 ~ r l r i.fi ,J I , ! I_J ,J I [165- r ~"~l r J '--~' , t ,J ""7 rr-J L. ~ I 1 ._JON JJ i I" .'1 (.:>1""" 1. I , I L, .. r I I - I ~I- 1 (D;/-. L I -- :.J i "' ,.: 1 _J b~ o ~--- t:J o :to ~ l (i ~-_ i I--~r I I 'll'U , I I \ J ~--ttf\t"~ 1 J , I .~ ~ 776 ---1 I I 1_ . .J. I rJfo r , r' r L --- I 1 _,..lWl._, I I I -- -,. I --""'I I I I I r -j- I ~- ~ l r I [tll7t'-, L, ! 808 1 \; l .J --"'''1 I I I I 1____ /......L I \ ,..~, .. I ~ I ~ I r' I .....-.,.4lJ..J r-- r-'"' I L~3!J C_J la4t r " ---... 1-'" L___J ,...- I [I _J I t I ..zJ 1 -- 1 I 1 742 ,---" I I I I--J , ~-- i I ;,*--, r--~ L_Tr'~ finD ~~ ,L, .J " L1 ...1 L I -~ J ~--~?6 I I ~"j fi5 L_-. L....-...J I i,-..., 1_ ~..! I I 731' ....J 'F~--. I , L " Tf'- I " I-~ rl I I L_J I ,-J ~-;;~ [-1 r--I,LJ I ' I I Jrl4 ,--I l, ~(l ,r........' J I- I r-- .J I ..., LJ r'l:' ,..__J ; L, ..-wiR rl-~6 1_ T Zoning Map Owner: Robert D Basham Site: 752 Eldorado Avenue Case: Property Size (Acres) : PIN. Atlas Page: 78!'- --L r~----'" .;---" I f'> L ___ L _J ~1 I I , ~J L-7~6 ~"''-J WI" ~ !.7'- I J , I L' 1 " ~~ ~~O ~J~~ ~ j;1 !.,rrl A' (, ;t /,!,.... 714 ~ d' 1 [-:1 ):l. /" ~ ~,// LJ6 -< ~I 1'-, ,J 74f) :to , 1_- 1 '1 5: ; 1\ 1__ m Fr- I : L~~6 I I _ I ~~'f~ ~r~ ~ ~ I, -11 ~ ~l r...,~-~ ,I I 7Z'> ~3-, r-L r~ I L.-~J.. l~~ T"V 'I r;-'r 71~J L-1 !...__.J ~,171 I.J LI LJ !"I l .0412- r - , 7f1-\ I J i ,-~ I r ;r09 i L----'i111L .-7 ri 1,_ i_, I ''''-, I , 1 7fl~ I L_ L _J.. Ilf ~ I tD~ ::0 T C:,....1 (') 7 "' ~r ml 1 APP2004-Q0007 0.149 acres OS/29/15/54666/004/0010 249A CASE NO. APP2004-00007 LIST OF EXHIBITS A Development Order for FLS2004-05033, dated September 27,2004 (two pages) B Staff Report for FLS2004-05033 (SIX pages) C ApplIcatIOn for FLS2004-05033 (twelve pages) D Survey for 752/756 Eldorado Avenue (one page) E. Proposed SIte Plan (one page) F Proposed BUIldmg elevatIons (four pages) G Staff photographs from sIte VISIt (seventeen pages) H Block Survey showmg reduced front setbacks between 10-15 feet, submItted by applIcant (1 page) I NeIghborhood PetItIon of ObJectIon to FLS2004-05033 request, dated August 9,2004 (five pages) Exhibit A Development Order for FLS2004-05033, dated September 27, 2004 (two pages) i Ii I~... 1 'lO~~""""" , ;__\ ~l l~;~=-~FJ/'~<: ::~:___ ..,/ ....:'~ I I ,.....1\.:;-'";,.... ~...;..~'":\ " ~)\ \ / -"'-.fr)-, }",1- ::> 'C\ -';:;1, "- ';-~_,(C' '/ I ~ ;I ""\ :~~~~~~~:~,)l~~ -. ..~ 1?~'?"~j4fl~ t!.r" .....J,..) "'" ^'t"J'/-"'U 0'0 \ f'}" ..~?..; l' ~r\') ~f1 .R4?.#;DilD~ CITY OF CLEARWATER PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW September 27,2004 Mr. Harry S Clme, Esq. P.O Box 1669 Clearwater, FL 33757 RE Development Order regardmg case FLS2004-05033 at 752 Eldorado Avenue Dear Mr. Clme: This letter constItutes a Development Order pursuant to Section 4-202 E of the CommunIty Development Code On August 12, 2004, the Development ReVIew Comnuttee (DRC) reviewed your applIcatIon for Flexlble Standard Development for constructIon of a new smgle-famIly resIdence, and fence/wall. The request IS for reductIon to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet m heIght along the front (south) property line and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUIldmg, under the provisions of Section 2-203.C The DRC recommended approval ofthe applIcatIOn WIth the followmg bases and condItIons' Bases for Approval. 1. The proposal complIes wIth ResIdentIal Infill ProJect cntena under the provIsions of SectIon 2- 203 C; 2 The plan complIes WIth General ApplicabIlIty Cntena under the proVISIOns of SectIOn 3-913, and 3 The proposed development IS compatIble WIth the surroundmg area. CondItIons of Approval 1. That a $200 RecreatIon FacilIty Impact fee IS due pnor to bUIldmg permIt Issuance for each new reSIdentIal umt 2. That vehIcles cannot be parked m the dnveway blockmg the pedestnan access to the concrete SIdewalk. 3. That any future proposals for deckmg to be located seaward of the coastal constructIOn control lIne wIll reqUIre approval from the State ofFlonda, and 4 That any future proposals for sWlmmmg pool or deck addItIOns m the setback from the coastal constructIOn controllme WIll reqUIre a FleXIble Standard Development approval for reductIOn I concur WIth the findmgs of the Development ReVIew CommIttee and, through thIS letter, approve your applIcatIOn for FleXIble Standard Development WIth the above four condItion The approval IS BRIAN J AUNGST, MAYOR-COMMI~SIONER HoY[ HAMilTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, CO\l\m~IO~ER FRANK HIBBARD, COMMISSIONER * Bill JONSON, COM~Il'>~IONFR "EQUAl EMPl OYMFNT AND AFrIRMA1IV[ AC110N EMPIOYFR" September 27,2004 Mr Clme - Page Two based on and must adhere to the sIte plan and applIcatIOn dated receIved May 26, 2004 and the revIsed sIte plan dated receIved September 15, 2004 Pursuant to SectIon 4-303, an applIcatIon for a bUIldmg permIt shall be made wlthm one year of FleXIble Standard Development approval (September 27,2005) All reqUIred certIficates of occupancy shall be obtamed wlthm one year of the date of Issuance of the bUIldmg permIt. TIme frames do not change WIth succeSSIve owners The Issuance of thIS Development Order does not relIeve you of the necessIty to obtam any bUIldmg permIts or pay any Impact fees that may be reqUIred In order to faCIlItate the Issuance of any permIt or lIcense affected by thIS approval, please bnng a copy of thIS letter WIth you when applymg for any permIts or lIcenses that reqUIre tills pnor development approval Pursuant to Section 4-502.A, an appeal may be ImtIated wlthm seven days of the date the Development Order IS Issued by an applicant or property owners wlthm the reqUIred notIce area and who presented competent substantIal evidence m the Level One reVIew A copy of the Development Order IS bemg sent to those surroundmg property owners who presented competent substantIal evidence m the Level One reVIew The filmg of an applIcatIOn/notIce of appeal shall stay the effect of the deCISIon pendmg the final determmatIon of the case. The appeal penod for your case WIll expIre on October 4, 2004, (seven days from date of Development Order). If you have any questIons, please do not hesItate to call John Schodtler, Planner I, at 727-562-4604. You can access zomng for parcels WIthIn the CIty through our webslte' www mvc1earwater com Smcerely, CynthIa H Tarapam, AICP Plannmg DIrector Cc surrounding property owners S IPlanmng DepartmentlC D B\Standard FlexlPendmg Cases\2 - ReVIewed and PendmglEldorado Ave 752 (LMDR) ApprovedlEldorado 752 Development Order doc DRC Meetmg Date Case Number ApplIcant Address August 12. 2004 FLS2004-05033 Mr Robert Basham / Harry ClIne 752 Eldorado Avenue CITY OF CLEARWATER PLANNING DEPARTMENT REVISED STAFF REPORT GENERAL INFORMATION: REQUEST: FleXIble Standard Development for constructIOn of a new smgle-farruly reSIdence, and fence/wall The request IS for reductIOn to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure and a concrete wall four feet m heIght along the front (south) property lIne and a non-opaque (wrought Iron type) fence along the front (east) SIde of the bUlldmg, under the prOVISIOns of SectIOn 2-203 C EXISTING ZONING/LAND USE: Low Medmm DenSIty ResIdenttal (LMDR), ResIdenttal Urban ClassIficatton, (RU) PROPERTY USE: Current Use Proposed Use Smgle-Farruly resIdenttal Smgle-Farruly resIdenttal ADJACENT/ZONING LAND USES: North West East South Smgle-famtly resIdenttal Gulf of MeXICO Smgle-farruly resIdenttal Beach access (R 0 W ) Smgle-farruly resIdenttal CHARACTER OF THE IMMEDIATE VICINITY: Smgle-famtly dwelhngs dorrunate the nnmedIate VICIruty ANALYSIS: The 0 IS-acre SIte IS located on the west SIde of Eldorado Avenue, at the mtersectton of Eldorado and the Boherua Cucle South beach access The surroundmg area IS charactenzed by detached resIdenttal homes The parcel contams an accessory shed for the smgle-farruly dwellmg located at 756 Eldorado The proposal mcludes demolItIOn of the eXIstmg accessory shed The applIcant prOVIded a block survey showmg the eXIstmg front (east) setbacks ofneIghbonng propertIes to the north at 712 Eldorado and 820 Eldorado These propertIes were revealed to be at a 10-foot setback or less from bUlldmg to property hne There are other propertIes along Eldorado A venue and wIthm the surroundmg vICIruty havmg front setbacks at 10 feet or less from property hne to dwellmg untt, as eVIdenced m the photographs taken dunng staffs sIte VISIt The apphcant has proVIded a block survey showmg the front (south) setback located along the south Boherna CIrcle beach access IS charactensttc of other beach access comer lots Photographs taken dunng staff SIte VISIt show eVIdence that there are other propertIes along Eldorado Avenue and adJacent to beach access, nghts of ways located wIthm the surroundmg VICIruty havmg front setbacks at 10 feet or less from property lIne to dwellIng urnt The applIcant has not prOVIded eVIdence to show hOYI a concrete wall seven foet m heIght IS charactenstte of surnlar . proport10s or r-neotmg the general apphcabIlIty cntena and reSIdentIal mfill cntena The apphcant revIsed'theIr request dunng the August 12, 2004 DRC meetmg to a concrete wall four feet m heIght along the front (south) property lme S IPlannmg Department\C D BlFLEXiPendmg cases \ Up for the next CDB\Eldorado 0752 Basham Appeal]] ]604 CDBlEldorado 752 StajJReport ] 10404 doc and a non-opaque (wrought Iron type) fence along the front (east) sIde of the bUlldmg Photographs taken dunng staff sIte VISIt show eVIdence that there are other propertIes along Eldorado A venue and adjacent to beach access. nghts of ways located wlthm the surroundmg vlclmty havmg fences/wall of four feet m heIght located In the front setbacks The applIcant has wIthdrawn theIr request for the SWInunmg pools and rear and front setbacks to pool deck The Improvements wIll add value to the eXIstmg property and should have a posItIve Impact on neIghbonng property values The current land value for 756 Eldorado Avenue IS $800,000 00 and the proposed Improvements are expected to double the eXlstmg value The proposed remodelmg wIll result m a development that mamtams the eXIstmg character of the neIghborhood The development complIes WIth densIty and ImpervIOUS surface ratIO standards wIthm the Low MedIUm DensIty ResIdentIal DIstnct All applIcable Code reqUIrements and cntena IncludIng but not lmuted to General ApplIcabIlIty cntena (SectIOn 3- 913) and ReSIdentIal Infill Project cntena (SectIOn 2-103 B) have been met CODE ENFORCEMENT ANALYSIS: There are no outstandmg enforcement Issues assocIated WIth tills SIte GENERAL STANDARDS (Section 3-913): Consistent Inconsistent 1 Development of the land wIll be m harmony WIth the scale, bulk, X coverage, densIty and character of adjacent propertIes 2 Development wIll not hmder or dIscourage development and use X of adjacent land and bmldmgs or sIgmficantly ImpaIr the value thereof 3 Development WIll not adversely affect the health or safety of X persons resIdmg or workmg m the neIghborhood 4 Development IS deSigned to numnuze traffic congestIOn X 5 Development IS consIstent WIth the commumty character of the X ImmedIate vIcImty 6 DeSIgn of the proposed development mmlnuzes adverse effects, X mcludmg VIsual, acoustIc and olfactory and hours of operatIon Impacts on adjacent properties S IPlanmng DepartmentlC D BIFLEX\Pendmg cases I Up /01 the next CDBIEldorado 0752 Basham Appeal II 1604 CDBlEldorado 752 Staff Report 110404 doc FLEXIBILITY CRITERIA FOR LMDR DISTRICT RESIDENTIAL INFILL PROJECTS: (SectIOn 2-203.C): Consistent InconSistent I Single-famIly detached dwellings are the only permItted use X elIgIble for resIdentIal Infill project applIcatIOn, 2 The development or redevelopment of the parcel proposed for X ~ development IS otherwIse ImpractIcal WIthout deVIatIOns from the intensIty and other development standards, 3 The development of the parcel proposed for development as a X resIdentIal mfill project wIll not matenally reduce the faIr market value of abuttmg propertIes, 4 The' uses WIthin the resIdentIal Infill project are otherwIse X permItted In the dlstnct, 5 The uses WIthin the resIdentIal Infill project are compatIble WIth X adjacent land uses, 6 The development of the parcel proposed for development as a X resIdentIal mfill project WIll upgrade the ImmedIate vlclrnty of the parcel proposed for development, 7 The deSIgn of the proposed reSIdentIal mfill project creates a form X and functIOn whIch enhances the commurnty character of the ImmedIate vlclrnty of the parcel proposed for development and the CIty of Clearwater as a whole, 8 FleXIbIlIty In regard to lot WIdth, reqUIred setbacks, heIght, off- X street parking access or other development standards are JustIfied by the benefits to commurnty character and the ImmedIate VICinIty of the parcel proposed for development and the CIty of Clearwater as a whole *See analYSIS sectIOn for explanatIOn of inconsIstency WIth cntena SUMMARY AND RECOMMENDA nON: The Development ReVIew CommIttee reVIewed the applIcatIon and supportmg matenals on August 12, 2004 The Plannmg Department recommends APPROV AL of the FleXIble Standard Development for constructIOn of a new smgle-famIly reSIdence, swnnmmg pool/deck, and fence/wall The request IS for reductIon to the front (east) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 10 feet to the structure, front (south) setback from 25 feet to 3 5 feet to the pool deck, for reductIon to the waterfront (Coastal ConstructIon Control Lme) setback from 25 feet to zero feet to the pool deck and pool, A wall of seven feet In heIght m the setbacks, as part of a ReSIdentIal Infill Project under the provIsIons of SectIOn 2-203 C for the sIte at 752 Eldorado Avenue, on the followmg bases and condItIons Bases for Approval I The proposal complIes WIth the FleXIble Standard Development cntena as a ReSIdentIal Infill Project per SectIOn 2-203 C 2 The proposal IS In complIance WIth other standards In the Code Includmg the General ApplIcabIlIty Cntena per SectIOn 3-913 3 The development IS compatIble WIth the surrounding area and wIll enhance other redevelopment efforts S IPlannzng DepartmentlC D BIFLEXlPendzng cases \ up for the next CDB\Eldorado 0752 Basham Appeal J J J 604 CDB\Eldorado 752 Staff Report J J 0404 doc , CondItIOns of Approval I That a concrete wall be no taller than four feet III heIght along the front (south) property Illle and the non-opaque (wrought Iron type) fence along the front (east) SIde of the bUlldlllg not exceed SIX feet III heIght 2 That a $200 RecreatIOn FacIlIty Impact fee IS due pnor to bUlldlllg permIt Issuance for each new resIdentIal umt 3 That the face of the garage be 20' from the back edge of SIdewalk 4 That vehIcles cannot be parked III the dnveway blocklllg the pedestnan access to the concrete SIdewalk Prepared by Plannlllg Department Staff A TT ACHMENTS LocatIOn Map Aenal Photograph of SIte and VICInIty Zonmg Atlas Map Surroundmg EXlstmg Uses Map Photographs of SIte and VICInIty Block Survey S \Plannmg DepartmentlC D BlFLEXlPendmg cases \ Up for the next CDBlEldorado 0752 Basham Appealll 1604 CDBlEldorado 752 Staff Report 110404 doc o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION CASE # _______________________ DATE RECEIVED ___________________ RECEIVED BY (staff Initials) ___________ ATLAS PAGE # ___________________ ZONING DISTRICT __________________ LAND USE CLASSIFICATION _______ SURROUNDING USES OF ADJACENT PROPERTIES NORTH SOUTH WEST Cl 1 Planning Department . J 100 South Myrtle Avenue :- earwater I Clearwater, Florida 33756 ~l Telephone 727-562-4567 ~ Fax 727.562-4865 o SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION Indudlng 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE $ 10000 * NOTE 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PlAN SETS) 0 RIG J N A L FLEXIBLE STANDARD DEVELOPMENT APPLICATION Single Family (LDR or LMDR only) Residential Infill Project (ReVised 11/18/03) -- PLEASE TYPE OR PRINT-- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION (Code Section ~202 A) APPLICANT NAME ROBERT D. BASHAM MAILING ADDRESS 2202 N. Westshore Boulevard, #500, Tampa .FL 33607 PHONE NUMBER FAX NUMBER PROPERTY OWNER(S) ROBERT D. BASHAM (Must Include ALL owners as listed on the deed - prOVide anginal slgnature(s) on page 6) AGENT NAME HARRY S. CLINE, ESQ. MAILING ADDRESS Post Office Box 1669. Glearwater, FL 33757 PHONE NUMBER (727) 441-8966 FAXNUMBER (727) 442-8470 CELL NUMBER E_MAILADDRESshsc@clw.macfar.com B PROPOSED DEVELOPMENT INFORMATION: (Code Section ~202.A) STREET ADDRESS of subject site 75Co ---' [Wd~ O>>{ PARCEL NUMBER Lot~, Block 4, MANDALAY SUBDIVISION, Plat Book 14. pages 32 35, (If not listed here, please note the location of thiS document.n the submittal) P~nellas County, Flor~da 05-29-15-54666-004-0010 LEGAL DESCRIPTION PARCEL SIZE 11 0' x fi 0' =-6.Jill.ots q . f t.) MOL (acres, square feet) PROPOSED USE(S) AND SIZE(S) ____~:!:-~~~e_=_J~~i.!y._!:.~~0~.P~i~1_~!!.!.~_____________________------ (number of dwelling Units, hotel rooms or square footage of nonresidential use) Page 1 of 6 _ FleXible Standard Development Application Single Family ReSidential Inflll ProJect- City of Clearwater -- @ DESCRIPTION OF REQUEST(S) -----LU Constructlon front_12.xopertY_J.J..ne_~t.hJ.rLLell-.UD~eet of ho~ Sd A~~he:tt'Pe specifiC when Idenl1fYlng the request (Include all requested code deviations e g reduction In required number of parking spaces specific use etc) ~operty llne~ (2) In-ground pool constructlon and deck at grade within the rear twenty-five (25') foot setback from the CCCL, sald pool constructlon not to cross the CCCL; and (3) SlX (6') foot balcony overhang lnto rear setback ('1)~)) 1, D I WhU- o~ 5~lJ\1'\ DOES T I~ APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, L.OT OR A P IOUSL Y APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (If yes, attach a copy of the applicable documents) 1..1 Nt: A1'-S~ \..),~)~ 3:5' ",-F'l"\.l'S ~~~ P~~"N e' ~ I C PROOF OF OWNERSHIP, (Code Section 4-202 A.S) I ~ o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) o WRITTEN SUBMITTAL REQUIREMENTS (Code Section 3-913 A) o Provide complete responses to the SIX (6) GENERAL APPLICABILITY CRITERIA- Explain ~ each cntena IS achieved, In detail The proposed development of the land will be In harmony WIth the scae, bulk, coverage, denSity and character of adjacent properties In which It IS located SEE ATTACHED 2 The proposed development will not hinder or discourage the appropnate development and use of adjacent land and bUildings or significantly Impair the value thereof SEE A TTA CHED 3 The proposed development will not adversely affect the health or safety or persons residing or working In the neighborhood of the proposed use SEE ATTACHED 4 The proposed development IS deSigned to minimIZe traffic congestion SEE ATTACHED ..,. .. 5 The proposed development IS consistent With the community character of the ImmedIate VICInity of the parcel proposed for development SEE ATTACHED 6 The deSign of the proposed development minimiZeS adverse effects, Including visual, acoustic and olfactory and hours of operation Impacts, on adjacent properties ~H'H' Page 2 of 6 _ FleXible Standard Development Application Single Family Residential Infill Project- City of Clearwater ." o Provide complete responses to the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA- Explain how each criteria IS achieved, In detail The development or redevelopment of the parcel proposed for development IS otherwise Impractical without deviations from the intensity and development standards SEE ATTACHED 2 The development of the parcel proposed for development as a resldenltal Infill project will not materially reduce the fair market value of abutting properties (Include the eXisting value of the site and the proposed value of the site with the Improvements) SEE ATTACHED 3 The uses within the resldentlallnfill project are otherwise permitted In the City of Clearwater SEE ATTACHED 4 The uses or mix of use within the resldentlallnfill project are compaltble with adjacent land uses SEE ATTACHED 5 The development of the parcel proposed for development as a resldenltallnfill project will upgrade the Immediate VICInity of the parcel proposed for development SEE A1'1'Ar.HED 6 The design of the proposed resldenllallnfill project creates a form and function that enhances the community character of the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole SEE ATTACHED Page 3 of 6 _ Flexible Standard Development Application Single Family ReSidential Inflll ProJect- City of Clearwater 7 Flexibility In regard to lot width, required setbacks, height and off-street parking are Justified by the benefits to community character and the Immediate VICInity of the parcel proposed for development and the City of Clearwater as a whole SEE ATTAr.HED E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202 A 21) o STORMWATER PLAN Including the following reqUirements EXisting topography extending 50 feet beyond all property lines, Proposed grading Including finished floor elevations of all structures, All adjacent streets and mUnicipal storm systems, Proposed stormwater detention/retention area Including top of bank, toe of slope and outlet control structure, Stormwater calculations for attenuation and water quality, Signature of Flonda registered ProfeSSional Engineer on all plans and calculations o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMmAL (SWFWMD approval IS required pnor to Issuance of City BUilding Permit), If applicable Page 4 of 6 _ Flexible Standard Development Application Single Family ReSidential Infill ProJect- City of Clearwater F SUPPLEMENTAL SUBMITTAL REQUIREMENTS (Code Section 4-202 A) o SIGNED AND SEALED SURVEY (including legal description of property) - One onglnal and 14 copies, o TREE SURVEY (Including eXisting trees on site and within 25' of the adjacent site, by speCies, size (DBH 4" or greater), and location, Including drip lines and Indicating trees to be removed) - please deSign around the eXlstmg trees, o LOCATION MAP OF THE PROPERTY, o PARKING DEMAND STUDY In conjunctIOn with a request to make deviations to the parking standards (Ie Reduce number of spaces) Prior to the submittal of thiS application, the methodology of such study shall be approved by the Community Development Coordinator and shall be In accordance With accepted traffiC englneenng principles The findings of the study Will be used In determining whether or not deViations to the parking standards are approved, o GRADING PLAN, as applicable, o PRELIMINARY PLAT, as reqUired (Note BUilding permits Will not be Issued until eVidence of recording a final plat IS proVided), o COpy OF RECORDED PLAT, as applicable, G SITE PLAN SUBMITTAL REQUIREMENTS. (SectIon 4-202.A) o SITE PLAN With the followmg Information (not to exceed 24" X 36") All dimenSions, North arrow, Englneenng bar scale (minimum scale one Inch equals 50 feet), and date prepared, Location map, Index sheet referenCing IndiVidual sheets Included In package, Footpnnt and size of all EXISTING bulldmgs and structures, Footpnnt and size of all PROPOSED bUildings and structures, All reqUIred setbacks, All eXisting and proposed pOints of access, All reqUired Sight triangles, Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, Including descnptlon and location of understory, ground cover vegetation and Wildlife habitats, etc, Location of all public and pnvate easements, Location of all street nghts-of-way Within and adjacent to the Site, Location of eXisting publiC and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines, All parking spaces, driveways, loading areas and vehicular use areas, Depiction by shading or crosshatching of all reqUired parking lot Intenor landscaped areas, Location of all solid waste containers, recycling or trash handling areas and outSide mechanical eqUipment and all reqUired screening {per Section 3-201 (D)(I) and Index #701}, Location of all landscape matenal, LocatIOn of all onslte and off site storm water management faCIlities, Location of all outdoor lighting fixtures, and Location of all eXisting and proposed Sidewalks o SITE DATA TABLE for eXisting, reqUired, and proposed development, In wntten/tabular form Land area In square feet and acres, Number of EXISTING dwelling units, Number of PROPOSED dwelling Units, Gross floor area devoted to each use, Parking spaces total number, presented In tabular form With the number of reqUired spaces, Total paved area, Including all paved parking spaces and dnveways, expressed In square feet and percentage of the paved vehicular area, Size and species of all landscape matenal, OffiCial records book and page numbers of all eXisting utility easement, BUilding and structure heights, Impermeable surface ratio (I S R ), and Floor area ratio (F A R ) for all nonresidential uses o REDUCED SITE PLAN to scale (8 Yz X 11) and color rendenng If pOSSible, o FOR DEVELOPMENTS OVER ONE ACRE, prOVide the follOWing additional Information on site plan Page 5 of 6 _ FleXible Standard Development Application Single Family ReSidential Inflll ProJect- City of Clearwater One-foot contours or spot elevations on site, Off site elevations If required to evaluate the proposed stormwater management for the parcel, All open space areas, Location of all earth or water retaining walls and earth berms, Lot lines and building lines (dimensioned), Streets and drives (dimensioned), BUilding and structural setbacks (dimensioned), Structural overhangs, Tree Inventory, prepared by a "certified arborlst", of all trees 8" DBH or greater, reflecting Size, canopy (drip lines) and condition of such trees H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS (Section 4-1102 A) o LANDSCAPE PLAN All eXisting and proposed structures, Names of abutting streets, Drainage and retention areas Including swales, Side slopes and bottom elevations, Delineation and dimenSions of all required perimeter landscape buffers, Sight vIsibility tnangles, Delineation and dimenSions of all parking areas Including landscaping Islands and curbing, Proposed and reqUired parking spaces, EXisting trees on-site and Immediately adjacent to the Site, by species, size and locations. Including dnpllne (as Indicated on reqUired tree survey), Plant schedule With a key (symbol or label) Indicating the Size, deSCription, specifications and quantities of all eXisting and proposed landscape matenals, Including botanical and common names, Location, Size, and quantities of all eXisting and proposed landscape matenals, Indicated by a key relating to the plant schedule, Typical planting details for trees, palms, shrubs and ground cover plants Including Instructions, SOil mixes, backfilling, mulching and protective measures, Intenor landscaping areas hatched and/or shaded and labeled and Intenor landscape coverage, expressing In both square feet and percentage covered, ConditIons of a prevIous development approval (e g conditions Imposed by the Community Development Board), Irrigation notes o REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendenng If pOSSible), o COMPREHENSIVE LANDSCAPE PROGRAM applicatIon, as applicable BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS' (Section 4-202.A.23) ReqUired In the event the application Includes a development where deSign standards are In Issue (e g Tounst and Downtown Dlstncts) or as part of a ComprehenSive Infill Redevelopment Project or a ResldentIallnfill Project o BUILDING ELEVATION DRAWINGS - all Sides of all bUildings including height dimenSions. colors and matenals, o REDUCED BUILDING ELEVATIONS - four Sides of bUilding With colors and materials to scale (8 Y, X 11) (black and white and color rendenng, If . J. SIGNAGE (DIVISion 19 SIGNS I Section 3-1806) o All EXISTING freestanding and attached Signs, ProVide photographs and dimenSions (area, height, etc ), Indicate whether they Will be removed or to remain o All PROPOSED freestanding and attached signs, PrOVide details Including location, Size, height, colors, matenals and draWing, freestanding signs shall Include the street address (numerals) o ComprehenSive Sign Program application, as applicable (separate application and fee reqUired) K. TRAFFIC IMPACT STUDY. (Section 4-202.A 13 and 4-801.C) Page 6 of 6 _ FleXible Standard Development Application Single Family ReSidential Inflll ProJect- City of Clearwater L Include as required If proposed development will degrade the acceptable level of service for any roadway as adopted In the Comprehensive Plan Tnp generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual Refer to Section 4-801 C of the Community Development Code for exceptions to thiS reqUlremeWt," R ,:.~~y 4/;.'"'' ohm A Ahlquist l,s. ~~~ GmnlDlS&on # C ;~, 1~~ Exprres Sep 27,2004 ~1-"" ()~ Bonded Thrn "',8t\~\\'" Mlanbe BondJ.ng Co , lAc. STATE OF FLORIDA, COUNTY OF PINELLAS 2. (f!2. Sworn to and subscribed before me thiS day of _~-L___. A D 20 {)if to _ ~~. -~~d/or by _ fl-ol3~-.!?.!!!>i+ A1rJ ____, who IS ~own has produced __~L_-_______ as Identification ~i4f41- Notary ublic, (2.ofJ,I,..J. A J-Ihit.5::r My commiSSion expires Ii J- 7 - J-O()'/ o SIGNATURE- I, the underSigned, acknowledge that all representallons made In thiS application are true and accurate to the best of my knowledge and authonze City representatives to VISit and phot the property descnbed In thl P Icallon Signature of property owner or representative AFFIDAVIT TO AUTHORIZE AGENT' ROBERT D. BASHAM (Names of all property owners on deed - please PRINT full names) That (I am/we are) the owner(s) and record title holder(s) of the follOWing descnbed property (address or general location) Lot 1. Block 4. MANDALAY SUBDIVISION. Plat Book 14, PREP~ 17 lS, publlC records of Plnellas County, Florida 2 That thiS property constitutes the property for which a request for a (descnbe request) 3 That the underSigned (has/have) appOinted and (does/do) appoint HARRY S. CLINE. ESO. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition, 4 That thiS affidaVit has been executed to Induce the City of Clearwater, Flonda to conSider and act on the above descnbed property, 5 That site VISitS to the property are necessary by City representatives In order to process thiS application and the owner authonzes City representatives to VISit and photograph the property descnbed In thiS application, 6 That (I/we), the underSigned authonty, hereby certify that the foregOing IS t Property Owner' ROBERT D. BASHAM Property Owner A"operty Owner Property Owner ST ATE OF FLORIDA, COUNTY OF PINELLAS Page 7 of 6 _ FleXible Standard Development Application Single Family ReSidential Inflll Project- City of Clearwater -" Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this J. tj+j; day of /"t.!'d _ .).()t My Commission Expires q - J1--)OO+ personally appeared ROBERT D. BASHAM D,po," aod 'ays that h,/sh' f""y ""d,,,taods th, oooteots of th, ,ffid,"t that h'/'~ J A j h .. ._~ It7.-i~f- Notary Public ~\"""" R b .f~~ 0 in A. AhlquIst ar( i!d .....,,{?: COlllIllIMion II CC 960829 ~;y~~~ Explre8Bo Sep 27,2004 ~<'.OF f\.\)~'~ nded Thrn ;"11,.1\"" Atlanbe Bonding Co, Inc. who having been first duly sworn S IPlannlng DepartmentlAppflcatlon Formsldevelopment revlewl2003 FORMSlsmgle tamlly reSidentIal mtlll application 2003 doc Page 8 of 6 _ Flexible Standard Development Application Single Family Residential Infl" ProJect- City of Clearwater -- D. Written Submittal Requirements (Code Section 3-913.A) 1 The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it s located. The proposed constructIOn, both front and back, zs conszstent wzth an emergzng development scheme along Eldorado Avenue, and essentzally all new constructIOn zs conszstent wzth thzs request 2 The proposed development shall not hinder or discourage the appropriate development and sue of adjacent land and buildings or significantly impair the value thereof. The proposed constructIOn zs actually conszstent wzth development standards as zt relates to propertzes on ezther szde, and the new constructIOn wzll szgnzficantly enhance the nezghborhood, and accordzngly the values along Eldorado Avenue at thzs poznt 3 The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed development wzll be conszstent wzth actzvztzes whzch are ongozng, whzch znvolves new constructIOn up and down the street, and the end result wzll be conszstent wzth the nezghborhood and wzll have no adverse affects 4 The proposed development is designated to minimize traffic congestion. The proposed development has no zncreased zmpact or affect on traffic 5 The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development zs conszstent wzth the communzty character and wzll represent an enhancement and zmprovement, conszstent wzth recent development along Eldorado Avenue 6 The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed development zs contazned wzthzn the szde setbacks so adverse vzsual zmpacts to the nezghborhood should not be of materzal consequence, and the usage wzll be otherwzse conszstent wzth the nezghborhood and wzll have no other adverse Impacts h \data\aty\hsc\docs\basham flex doc Seven (7) Residential Infill Project Criteria: 1 The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. The lots as platted and developed are relatIvely small by current standards, and the buzldmg envelope has been further Impacted by the creatzon of the CCCL Front constructzon, although to be wIthm ten (10') feet of the property lme, WIll be approxImately twenty-five (25') feet to thIrty (30') feet from the edge of pavement, and further expanszon of Eldorado Avenue IS unlzkely so adequate vIsta eXIsts As to the rear constructzon, the footprmt of the buzldmg, located twenty- five (25') feet from the CCCL IS m fact forty-five (45') feet, MOL, from the rear platted lot lme, and at zts nearest pomt IS thIrty-two pomt four (32 4') feet from the retammg wall, so adequate vIstas WIll remam, and proposed constructzon IS m fact conSIstent WIth other ongomg development up and down the street The pool and declang WIll not be above grade and WIll have tzttle or no Impact from a vIsual, or obstructzon standpomt 2 The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties. [Include the existing value of the site and the proposed value of the site with the improvements]. The gross land value, accordmg to the Tax Assessor's Office, IS approxImately $800,000, WIth new constructzon, It IS antIcIpated that the value WIll double, although market condztzons WIll determme przcmg 3 The uses within the residential in fill project are otherwise permitted in the City of Clearwater. The use proposed IS smgle-famzly resIdentzal, thzs IS an approved use wzthm the zone for the Czty of Clearwater, and zs conSIstent WIth the nezghborhood 4 The uses or mix within the residential infill project are compatible with adjacent land uses. The use IS conSIstent WIth eXIstmg and emergmg development along Eldorado Avenue " 5 The development of the parcel proposed for development as a residential in fill project will upgrade the immediate vicinity of the parcel proposed for development. The property has not been upgraded or developed/redeveloped for many years and the proposed development and use wzll represent an upgrade conslstent Wlth current patterns on Eldorado Avenue 6 The design of the proposed residential infill project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development' and the City of Clearwater as a whole. Any new constructlOn, of a smgle-famzly resldentzal nature, Wlll represent an lmprovement, and therefore an enhancement to the communzty, relatlve to thls partlcular property 7 Flexibility in regard to low width, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The requested mfill approvalzs Justified, and does benefit the communzty, by provldmg an adequate buzldmg envelope to construct a smgle-famzly reszdentzal home conslstent wlth other propertzes bemg currently developed along thls street and m thls nezghborhood, and wlll represent an lmprovement, and therefore a benefit, to the communzty as well as to the szte mdzvzdually h \data\aty\hsc\docs\basham mfill doc .' MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW LAKELAND FLORIDA 33803 400 NORTH TAMPA STREET SUITE 2300 POBOX 1531 (ZIP 33601> TAMPA FLORIDA 33602 (813) 2734200 FAX (813) 2734396 625 COURT STREET 1501 SOUTH FLORIDA AVENUE POBOX 1669 (ZIP 33757) CLEARWATER FLORIDA 33756 (727) 441 8966 FAX (727) 4428470 (863) 680 9908 FAX (863) 683 2849 www mfmlegal com EMAIL .nfo@rnfmlegal com IN REPLY REFER TO May 26, 2004 Clearwater C1ty of Clearwater State of Flor1da CERTIFICATE OF TITLE The unders1gned, HARRY S. CLINE, a llcensed attorney at law, does hereby cert1fy that as of the date of th1S cert1ficate that fee simple t1tle to the property descr1bed 1n O.R. Book 12646, page 427, publ1C records of P1nellas County, Flor1da, Wh1Ch property 1S descr1bed as follows: Lot 2, Block 4, MANDALAY SUBDIVISION, accord1ng to map or plat thereof as recorded 1n Plat Book 14, pages 32 thru 35, publ1C records of P1nellas County, Flor1da 1S presently vested 1n STEVEN B CHAPMAN EXECUTED th1S 26~ day of May, 2004. MACFARLANE ,FERGUSON & McMULLEN By' ? \ ", ., ( I /' , , , \. --".... Harry S Cl1ne , ' h \data\aty\hsc\corresp '04\chapman cert doc Exhibit D Survey for 752/756 Eldorado Avenue (one page) Exhibit E Proposed Site Plan (one page) tLS " . Exhibit F Proposed Building elevations (four pages) r -- rw o<.$.~~"'" ~~ t~ ~ ( , ^ , ' .. ~ ~ View looking west at subject lot - 752 Eldorado Avenue 752 Eldorado APP2004-00007 '&. <4( 8, ~ ~I ~ ~ Q; I; ::;: ::;: D- .... N ~ l'I o o (i\ ;:ii o ~ "0 ~ g :5 ~ o 4: () o I- :l ~ ~ C) ,~ (f) ~ ~ o .~ ~ p ~ ~ ~ SuB:l"EC\ s,-rE ~ .. 238A f \ MANDALAY SHORES APT'S @ "'I I , , ~,~7.5'321 ,.76532', ,rrJ"' ...".~ f'OLi!!J 10 :I,~ , 4 ~I g "" " -. h4 7 - kPlllC PUZA ~~ 8 ~~,,, GEORGILAS J /...3 !!/71;J5,/.' )711 ~. r. u" 9UB~8'-0I / I~ Ioil1~ '/32" :~ ~ " -if!~{ HDR~ ~ ~ 5", ~:U 7,,, ~; '" 23 '--,(" EJ.DORNIO ~~ Ul -1 ~. ~ 8 '17 ~ ~ I ____.,0",,6 7"0 ".e 7". 5 _ '" ~ ~... '0 IW7 5 S'" 5 8 IIU ;;5 8:-- ", g.o ~ :,' 6 t---=. .., II' ,." N, 5 10 Hi c=:=:::J iii--;- 14~1 Md4 7H4 "'4 IU.. 'CCUIT, ~J ~ ~ .., 3 8 II. i :~ 3Q~1:= i :: 3 ~:O: I ::' "'" i ~ ~ ~I III 2 9 ,,, .., 2 "..,.... 2 " ,,, ;;; : (~':~ .. R ~ t ~ .., 1 10 ISO '" 1 11 lID '"' 1 12 ", 1 ... 14 ~ -;-1 ~ I6D ill J ['#1 1 :.~ -. '- ......,- - .-- o ...: '7 '" B ,,, ~ 6 7,,, 2 7 0 ~ ~ '#5 ",5 8.iD ,.,5 8~#~ '4'5-- ... ~ S *"3 I 3 8lHl1)o..".. 9 ,... r- 8111 ~ ~'". IU ~ IU_4'"f.;'38 f--.J -L ,u4 :----~.. .. / -. ~ Iff ~1r.~/1 ~ ~ 9 p, ,...,,. 3 .-= 2 ~ &!II J &I, 31'! ;.t/'o."" I "' 3 10"4 IU J - ~ :;:2 )ol@i'" R ~ ~ 10'" 2 ''''U" ........ 11 .., ! ~ 10'" g ~ ol,.. 2 ~~'----..J .., 1 12", 1 ~2L7ffo ~ ~ ", z I 1 I '" 1 I: I,., 8 r-;--... ~ 8 YE~A 5~ 3 ~ ::: 10,.. ~y:: /) .;~. 7 ;\"\ :'6 I 7 : .. ~ ~ ~ '1-_ _ tP 10 .....,-- ~_'I' II' 5 - ~'I' 5,2'" a"" ~":'r_ ~8'11 ~.". ~ ." - ~ .'. 9f1~ .~., f-- .~o .114 13,,, ,,~ 7\ MI 911, Iq, 3 ~ \ fO'3 10"0 'IIJ ~ f---- 3 'fl' <<J7 J 1 ,.... lao,J t a"" 1Cl' 2 J " 10 ~'2 V I' to 10, 2 2'" ... 2 18 ",J \00'2 9"~ ....'1... 'S! r--:-;- 1_;;7 ta-:i -J"~ 161fJ0 \-011 1.'O'::o[S ao~ ,~Co 10" 1110 ~ w.", S MANGO .I.J 1V. I!REET /-w- .:2, "'_ 9~ "'8 ~ 7 ",10 "", '" 10 "17. ~ :Jbil · V 9 2 .- 12 ~ .", 7 10170 pu 5 ~ 87" "ft 1 ""0 fI, ~ "I ", 6 13" '"~ 6 13 ....:!... L - ,.,5 6 l'n4 ~ P'''. "0 "" 1~", "" 7 ~14 :',', .,,, 7 ~ 'l! .. 1112 "" 3 t00 7111 7. Ii' - ~170 < ~~_~ ...._.. ".. 8 ", ~"8 r---.. - ~ ~'O "5" e~ ""Sf 15 ", · 13,,, t-:-;" ~ . ~ -~."" S "'5 16,," ~ 1-5 '8, ~ J "" J L-.!!! \ /~ :; ~ -'15 '-/(TA~ "". 17 'IO::J "" 17 1 ~ ~2'~ 1'::,: 1 I;:; r~ ~ ". 3 18 ", ", 3 ~~.. !::::t L-~ '" 31 8::: ~ '" 2 19 '" ~,2p40 10 If"" ,2 ~ 1 20 ", L-L...I ,5 .. ",2 '" 2 9 ,,, '" .. StllEtT C no ~" ~'/}.. S IArS 1 'r.{" '"~ 10 13 i 1 ~ ,. ; 18 ! ~ ho 1 ",..1 ", 5 ~l 9" ~~",.. ~ I I ~ _3 ,,'" ... . '" I L U2~ f-~' '"~ .~~ ,., 2 !l.:...- 27' 7U 8(1 ,,. 'fft ~~~ ~ p..-laL ~3 UI,)o. "" ~ 1" 7 16 714 1" 7 ~ ~ -,e-- ~ ~ -=.. ~ ~ m 8 ""0 1 ,... \ i". ,.. .. '" 2 A5"1ER;l '"~ 8 .7''':t '" 'J" ,,. l--- I fi:-1 /- -=-.i,",Oi "'6 S 18 '" I "" 5 \1 7/. 0\ 7" 5 l\ ~ :I Ii!i '"I ~ .-..:.L 4' V 111 'In. 12," S ASTER STREET It ~ 10 "I ,,0 10 "" 3 1] ". 7 = r:. 10"'41'0 r-:; ,.~ '" \:.. ". ~ .!!! ~ 8 9 ~ /file: .---- 21"H ',',.,'2 U70~ '" rt. ~ 5 I'" Zr-.L...-,2170~ ~ r--1 r- l [ 1::5,..". 12"~ /" 5 I \ I I COVl LOT 5 \ ------ 1~~y,--T- 121-09 I 1 \ I I i J 1 ~ p . 66 1/ 67 i~ ~- !l~~ ~11J~ () 8 te ~ ~ DI~clol",rr CITY OF CLEARWATER AIfD V1ClNlTY PlKE1LAll COUIITY. FLORIDA PR[PAREO SY PUBIJC WORKS ADMINISTRATION (NCIN(fRINC 100 1i W)rlllt J.-ye C~a...rrlrlltr H JJ756 Ph (1l1J))62- 4750 "01 (81J)526- H55 Mlp //'Ir'flVl tllo/.ol.r-II com/lf'lqll'\ltGI' / PUblic InlonnOllon dola I, lur"lsnKl b)' In. City or ClfoOrwat.f Public VWQfka Adrnhl.trolklt'/Engl"..dnq and mu.t r.e acc.pted and uud by the Icclp.lcnl ..llh thC' u"6ef"to,,d~O 1t1al the data rl'CllW'd wow r:oUeoc:led tot' the purpo!;l! or dewelopnq a '1'oph1c Infrostrvctllfe InycntOl")' As nlc/\ the City of Cleorwoter PWA!t mot.. no worton".. ...pr."ed or IrnpU.d cOflf:ernl"q \". oct:\lroey ~m~ctcneslll relloblllty or sullablllly of 1h13 dolo rar 0")' oI:lth.,. po,l,t:\llor UM f'urlt...rmore the City of C1eor'fl'oler PWA/E onumn no liability ."olsot"'" ossociolt'd wlih Ih~ Ust or I'I'I~s. of suct'l dolel = Thl, "'110. poqe I, tubJC'd to periodic c"o"qn ror lrIforl'l'lcrllon oboui lote,t revISIons pleou coli PWA!t or ..'s,t our Wtb slIt LEGEND N ~ 10 CD 6~ @ 1234 N EB 100 I 200 , SCALE ," '00 I 400 600 I BLOCK NUMBER LOT ADDRESS CITY LIMITS liNE 65 ... r--, SHADED AREA - PROPERTY L_-' OUTSIDE CLEARWATER CITY liMITS AGREEMENT TO ANNEX 6' . MDR ZONING DESIGNATION CITY OWNED PROPERTY ", - ZONE liNE ". - " REVISED 8/29/00 ZONING ATLAS NW 1/4 OF SECTION I"'IAr'\A , 730 61 3'~ 10' Se.."'6A~ (AS~' ra )' '8,/+. i3.q ~\Ac~ NO FetJa$ oR- ~ ~O' S'e"'d~~" (~) . 3 6.A 41 7S-0 ~1e\.....Du ~. cf&.. ,.,~ 10' ""'c.a.. .::::) .... .. '!>oh~ ~ s -a. A · '" ~' If.'. w 180 f.l~ t.' ~LL.. s' Ser.AC~ (;v1l1tl""O-' , /,' ''''T6~ 6. A . Mt4tJ6to B.A 7 ~I; I If.,. fA,) I r ~ ~'7" t t~A::"''' ~ ~~l:!~~~~, }->> ~ /~- ~~ "'" ~~ l ~ _ 'v.".." l>...~l' J,. ~ ~ ~ID~ NlJrJ CA4II~8fLFu"-r N t: c..~ &ec. 9 UlSI -n4,.IJ .11' .-.ra..,,, 7ft ~ NOt-J &t.M11L 'U"" 51 ~I" I~ 10' S'r."~Jc. ILl' f,l~~ L. ft) .,' M1t~ (BoJtf.".~ ') II ~Q' SllTtt"CJ(.. 6. A. ,~ 1S2. 'S.~ 10' ser~ ~ ....~." ~". Ii; ~3) !:( NOtJ tMla1"H$'~ . '., ~r.__ I~ UIIJ ""..w ,.' C~ Exhibit H Block Survey showing reduced front setbacks between 10-15 feet, submitted by applicant (1 page) tLS Exhibit I Neighborhood Petition of Objection to FLS2004-05033 request, dated August 9, 2004 (five pages) COMMENTS ON INFILL DEVELOPMENT REQUEST FOR PROPERTY AT 752 ELDORADO AVENUE (Lot 1, Block 4, Mandalay Subdivision) as invited by your letter to property owners surrounding this address: We, the undersigned property owners and residents in the North Clearwater Beach community, respectfully request that the City refuse the developer's request for a 15 foot reduction in the 25 foot setback required on the South property line. We also request that any wall allowed in the South property line setback be limited to the Standard Requirements, not the Flexible Requirements. We ask this for the following reasons: f~' -- ..."" tr"o~" l'ff"''''f''''''<, -jJf7v~~t rJ-,~\t:~4h~f: '"\.. tt.......-' \\... !11......~ f:: \~ I~.,.,.,... ~~ ~ There is considerable evidence both in the vicinity of this property and in the larger North Beach community that the character of the AUG lJ ~ 2U04 community is mostly open and friendly, with space for the gentle breezes from the Gulf to cover the island, and people to greet one PU~N.r,,"[i".~: Ii}d:/~,:'. ~:'; )~:r,\ T another and become neighbors and friends. The frequent wide C IT Y O~- C L ~N- ~\J J/~ r L : ~ views and glimpses of the water are a major factor in making North Clearwater Beach special. The City Charter recognizes this by forbidding the vacation of these street ends for any purpose whatsoever. The openness of the community makes it pleasant to be outdoors. We who live here and those who visit treasure this and allowing the 15 foot proposed intrusion of this unnecessarily wide building will set a precedent for more closing of our open vistas. 1. The developers claim that improvements on the land would be "otherwise impractical without deviations from the development standards" is based on the size of the lot. This is the same size lot as most others in the neighborhood and, therefore, not a claim to uniqueness which Infill Development requires. Perhaps the lot size does not let the developer build as large a building as he would like, but it can hardly be argued that the lot size makes it "impractical to build on it," since a house of a size common and prevalent in the North Beach community would fit within the standard setbacks. 2. With regard to entitlement to a water view by nearby neighbors. this is not the point in question. The question is "Will the development reduce the fair market value of surrounding properties?" Many real estate professionals would agree that the additional 15 feet of tall building intruding into the setback area. coupled with a high wall on the property line will limit nearby owners' water view and thus reduce the market value of their property, as well as, more importantly, significantly reducing the general public's water view as they walk and drive by. - 1 - 3. The code requires that the uses or mix be compatible with adjacent land uses. The developer states that it is consistent with "emerging development along Eldorado." The code does not ask about "emerging development." It addresses current adjacent land uses. Emerging development is not listed anywhere as criteria. 4. The developer states, "Any new construction of a single-family residential nature, will represent an improvement, and therefore, and enhancement to the community, relative to this particular property." We agree with him, and feel certain that an improvement, within the setbacks, will be an enhancement to the community. The reduction in setback is not necessary for the beneficial effects to the community. 5. We disagree with the developer's interpretation of what consists of "an adequate building envelope" for a residence at this site. The code refers to "the immediate vicinity of the parcel." The developer prefers to compare it to "properties being currently developed along this street and in this neighborhood. ...He further says it will be a benefit to the community. He has not addressed the requirement which refers to the "immediate vicinity of the parcel." The City, by restricting those who can appeal the Planning Director's decision in this matter to those who are "within the required notice area," and other references to "abutting" and "adjacent" properties, has limited tli~i' r=-, (,~ :~..~ :\/1:,:;; f') comparison area for the developer to an area much more restricted that "along - - this street" and "in this neighborhood." AIJr, l ~ LUU4 And we fmd nothing in the code that gives permission to go beyond ,the \ immediate vicinity in making comparisons. We request that you follow ilie code ' in this! Actually, making comparisons with other buildings anywhere is a denial of the purpose of the code, which is to improve the community. You cannot improve the community by imitating errors made in the past. In almost every decision about Infill Development the assurance is that "this does not set a precedent." So, we submit that using other developments as precedent to be followed should not be a part of this decision. We have been led to believe that Staff feels comparisons should be made to other properties on the "street ends" on Clearwater Beach, calling them "paper streets." We do not find anything in the code about street ends and paper streets. If the purpose of the 25 foot setback from a street is to maintain visibility at the intersection, then, we submit, this intersection is particularly important as it is a place where cars and pedestrians intersect and the need for visibility, which will already be compromised by the front street setback reduction, is even more important. The end of the street is well used by residents and visitors alike as access to the beach, or to gather in the evenings to watch the sunset. Due to street - 2 - I I,) I '~~r-r:r# layout, residents and visllors from a wide area funnel through this access. It is the mBt heavily used public access in this neighborhood. In summation: We believe that the requirements of the code, carefully followed, would not allow the reasons given by the developer for reducing the side setback IN ANY WAY. It is obvious that an adequate building can be built at 752 Eldorado without any hardship to the developer, obeying the full 25 foot setback requirement from Bohenia Circle ( I II "'.; tf - (' f ..:::;:.It ~ ~ " .. If ~' , , \ 1 It '- I l. ;,~"""\ Signed: Name Address}) ~ 17 If ? ./ Phone( Optional) At H, l. ~ lUU4 74 I IY\~J\J( ~ Ave.. 7J~7.'\4'f7-0t6~ ,'.-~l! ~:t;-I! 's~.. ;':.l Jl;~\\,Itft~l~~< . / t d0JL .3 ~ 7 _~o Pi jJ If'~ ~ ~ ~/;) ~ '1$-- · Iflflf<1IAJ J}of?1SCI(Uf[l 7J1f J]Rucf livE 121 'ftt3 '3210 · ~ J/ d?ka>4:t :/~7 ?.3'?7 ,/ J ~cif3 ~ IS ~ J1&u[)A.J.-A'-1 Ave 44 7 44-9/ /< I · j~lr~1V 'Jy,a.-cf~ 737, M~dJ~ 't'jZ...2Z8/ ./ L 'I<. ~ 7'f1 SI).III~ '-/'/3r 722J drd1<:CR 6~o" 750 'i~ !fer],- 4166 /t?~/ ~7 (j-E7d~(j A-VJC 'i~6--(970 75 afldaJ~ ?2'1 485C / ~/ d IV] t>>1 J~ J1yt )i/[/ e 1./ t; C, ~~E3 3,?Ac-~r('ce ,c;f L/~-&cr I '/?~cI- &/1;; /~, /, ~ 0 #l/ 4f/1'- 0%13 . Jo? 7 U~j() - 3 - Nf. cU2 -2-J?2-7 Signed: Name Address Phone( Optional) ~ }1 27(' 4/A I tJ Jv ~IY {)4 Cl..... ~.JI 1iI~ ~oL( f/I1.4N(J;4M,/ 'It.f'J-:2./YS- (!}~~</f.I ~ ~Cf6-S-76Y 0L1ck-'1o~~ )1'/ ;?l ~I<l f8.- If II I, ;VA 77~ If' /( !/..!f/S7/)Z/ 47 3 ~J1f /f?/Y (i?o 3'7 t/ IL' . ["-1).,,), LvUVf 7~~ go\.u(~J\~ C\IL~ \~ YL\;(-'l S~ J 2if?f:;- ~?~/) 7 ::< (J, rn1 f)VJ-7dftrO d Ovt'Cjtf 2.~ ~a, ~,~'O. 'T1'f; l71ij-NfJrfft-fJcj,_ ,', f ~~A 1/q 11/1/UIJIJc.A I7v},,~['J; ,,::~,' -;' t) ~ AUG t ~ iOU4 tJ L( G.rv e,e 7 2 to '5 f. -./(. ~ 4t.( 2 GO)-S- - 4 - Signed: Name Address Phone( Optional) 716 - Ave 4--9-7- \273 7'11 ~ceA-v& f%~3101 r 11 - ~4t tfl/etr If /- ?~ /J) ~ <KfJ :Eldo~ ~, ,p/;/-<!.J?r J~} k)~ :;{/ ~ fr~W~+-L tf~-?C,5C 1 ' {.,., ' .. J- <,1 ,-} f "'-" J ",- _ J; \l , '.:: i ""I<.. ~ ~ ,./ Al hi \. ~ lUO~ = I ' :,," +] / -'I- t I ~~ J~ r- ~ t i ~ i'-,-,~'\..h,", 1 \ ~ I "''' ( ...~"... ,_ ~ ,..,..... 'i! Cd'!" G~: \ ::f.;F1V,I<?;<~ I~R .5'-