APP2008-00001
APP2008-00001
161 BRIGHTWATERDR 1
RON AUGUSTINE
PLANNER OF RECORD: WW
ATLAS # 276A
ZONING: T
LAND USE: RFH
RECEIVED: 01/04/2008
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CLWCoverSheet
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; Cle~rwater
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Plannrng Department
100 South Myrtle Avenue
Clearwater, Flonda 33756
Telephone 727-562-4567
Fax 727-562-4576
CASE #:
DATE RECEIVED
RECEIVED BY (staff Initials)
.ef SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
.eJ""'-- SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
o APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - RESIDENTIAL $100 00
o
APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - NON-I3J:SIQJ~NTIAL $25it9J:t _ __
~ APPEAL TO HEARING OFFICER $500 00
APPEAL APPUCATION
Level One and Level Two ReVIews (RevISed rJ2/27/04)
- PLEASE TYPE OR PRINT -
APPLICATION/NOTICE OF APPEAL (Code Section 4-502 A & B)
Section 4-502 A An appeal of a Level One approval (FleXIble Standard Development) may be Initiated by a property owner abutting the property which IS
the subject of the approval Within seven days of the date the Development Order IS ISSUed The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case The hearing before the Communrty Development Board shall be scheduled at the first
available meeting of the Board (suffiCient to prOVide notice under Section 4-206) and may be continued at that meeting of the Board so that the Board may
receive more Information, clanflcatlon, or research The Community Development Board shall render a deciSion at the meeting but not later than 70 "days
from the receipt of the notice of appeal, unless the parties by mutual consent extend the time frame for the Board's deciSion until a subsequent meeting
Section 4-502 B An application/notice of appeal of appeal of any deciSion of the City, as proVIded In Section 4-501, may be Inrtlated by the applicant or
any person granted party status Within 14 days of the deciSion Such application shall be filed With the City Clerk In a form specified by the Community
Development Coordinator Identifying WIth SpecrflClty the baSIS for the appeal and accompanied by a fee as required by Section 4-202 E The flhng of an
application/notice of appeal shall stay the effect of the deciSion pending the final determination of the case
A APPELLANT AND AGENT INFORMATION:
APPELLANT NAME C l ~ p.,'I..l.).rflLI<-
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MAILING ADDRESS l '& I
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PHONE NUMBER ,2-7 - Y; '-t'1.- - ~ 3- 0 \
AGENT NAME \< i) ,..::-
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FAX NUMBER
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MAILING ADDRESS I b I
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PHONE NUMBER 11..--7..
B APPEAL INFORMATION
CHECK THE SPECIFIC APPEAL
Appea/s to the Commumty Development Board
o Orders, reqUlrements, deciSions or determinations made by an
administrative official In the administration of the Communrty
Development Code, except for enforcement actions
o Administrative interpretations of the Communrty Development
Code
o Level One (FleXIble Standard Development and Mlnrmum
Standard) approval deciSions
o Denials of any permit or license ISSUed under the prOVISions of
the Community Development Code
o Any denials deemed to have occurred as result of the failure of
the Community Development Coordinator to act WIthin the time
limits proVided In thiS Communrty Development Code
Page 1 ,of 2 - Appeal ~pplicatJon (Level One and Lev!fl Two ReViews) - City of Clearwater
A'
,
Aooeals to a heanna officer
~ Declstons 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) /61 6r I "r:f~~WL- 1)rL. u..:;J.f5
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I, 2, 3 b '7 2S '7 / f)
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SPECIFIC CASE NUMBER TO BE APPEALED (If applicable) r L.D
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DATE OF DECISION
/2- ~ 18 -D;j--
C BASIS OF APPEAL:
Explain In detail the basIs for the appeal Use additional sheets If necessary
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o 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 P1NELLAS
S:::::J. to and subSCribed before me this z.... day of
.,A.-~ ~ , A D ..1Q c r3 to me and/or by
.:eO ,C3-~-e-- 7~o IS personally kno~as produced
as Icentlflcatlon
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Notary public,
My commiSSion expires
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RONALD M AUGUSTINE
MY COMMISSION # DO 409645
EXPIRES July 16, 2009
Bonded ThIU Notary PublIC Undalwnlers
Page 2 of 2 - Appeal Application (Level One and Level Two Reviews) - City of Clearwater
A'
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Section C: Basis Of Appeal
T.ms-is an appeal.of the Commurnty-Deveiopmem -Boar-d'-s {"CDB"}4enia!-Of~sl.eveJ Two
Applfcatlon C'Apphcaoon"} on December 18, 200'7 The ApplicatIon requested Flexible Developmem
approval t<:r 1) permit overnight accommodations (tfmeshares) use 00 the subject property; and 2}
continuance offfie previOusly approved Termination of Status of Nonconformfty to permit. back-out
parking {~taff lOdlcated that If the overnight accornmadal1ons (tlmeshares) use IS approved. then the
back-OtItparloog-stTou1d be approved as-wett} i'h:e Coo based 1ts demaf, In part; on Staffs
recommendation of denial based on "fairness" of the current owners in the "neIghborhood."
Staff, in Its official report and in testimony before the COB, agreed that overnight accommodations
~r t1Se-at tfle sub1ect-property is a"petmitted use pursuant to-the CommtJt1fty Devetopment
Code rCode") Staff further wrote that the Application would have been approved If an 1"0' owners JOIned
in ttle App11cation {S ot1he 1:0 owners)OUled.tbe ~f.
T-he "fatmess" ~ .as discussed.at-tt:le COO-meetJng, .cootemp!ated .that.cmr~ ~ bought Jfi
the development as a residential development and should not be forced to have the natu-r-e .of t:tre
development changed. However, the- subject pro.perty IS located In the Tourist District, which provides for
tne requested use, whIch IS further contemplated by Beach by DesIgn The HOA documents cfearry
comempiafe changes to the use of the development and provIde for such changes to be made to the
HOA documents therefore, the current OwrTefS, at-the time of purchase, were on notice that overnight
accommodations (timeshares) use is permItted and that the HOA documents permit changes which could
allow fef suclT- use at tAe dC'lClapmem
As .proVided m the Staff.r.eport, Staff oo.-tenmned ~ the .Qvemight.accommodat1oos ~.tImeshares} -USe was
mconslstent with the Code's FleXIbility crrtena based on the consistency of use with the "nelghborOOOO "
The "nelghborhood" was r-epeatedfy defined by Staff as "being the overall devefO-pment project of 10
units'" This deffnifIon of"heighoorhoo<F is InconSistent with the generaf definition of""neighoorhoo<F in
generaffy accepted planmng pnnoples as well as IncoOSlStent WJth the term as uttllZed In the Code as
hlSh:nlcatly lll~rpl ~~d According to- Webster'sOtcttonaT'f, the term "nelgllburt ICOd" IS a "place or regron
near. viclmty." and "the people living near one another." The term "neIghborhood" should have Included.
a{ a-~, tfleeffiireBf~l.\vatcr Dfive-{)6ffiEIaF 1f a.pr.epe1' -def.i.Am.oA- af"'~ was ~
the ovemrght accommodations (timeshares! use woutd be consrdered consIStent with the "nerghborhoodu
and tberefure.- consistept with the Code.'s ~ ctitetia staff concedes as same m lts. 0Wl+ report-
saymg- that If a!~ 1-0- OWAefS agreed, Staff nas 00 Issue
Ther.efor.e, ttus appeat .requests.that the bear.m.g .officer find that the :dectston cl the COB cannot.be
sustamed by substanbal competent eVidence before the CDB or the decIsIons of the CDB departs from
the essential requirements of law
.,
: '(jlearwater
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Planning Department
100 South Myrtle Avenue
Clearwater, Flonda 33756
Telephone 727-562-4567
Fax 727-562-4576
(
I
.ef SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
~SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
o APPEAL TO THE COMMUNITY DEVELOPMENT BOARD. RESIDENTIAL $100 00
o
APPEAL TO THE COMMUNITY DEVELOPMENT BOARD - NON-RESI~Et-JTI6L_$15iJ O_O__~__
~ APPEAL TO HEARING OFFICER $50000
APPEAL APPLICATION
Level One and Level Two ReVIews (RevlSed CJ2/27/04)
-PLEASE TYPE OR PRINT-
APPLICATION/NOTICE OF APPEAL (Code Section 4-502.A & B)
Section 4-502 A An appeal of a Level One approval (FleXIble Standard Development) may be Initiated by a property owner abutting the property which IS
the subject of the approval Within seven days of the date the Development Order IS ISSUed The filing of an application/notice of appeal shall stay the
effect of the deciSion pending the final determination of the case The hearing before the Community Development Board shall be scheduled at the first
avaIlable meeting of the Board (sufficIent to provIde notIce under Section 4-206) and may be continued at that meeting of the Board so that the Board may
receive more Information, clarification, or research The Community Development Board shall render a deciSion at the meeting but not later than 70 days
from the receipt of the notice of appeal, unless the parties by mutual consent extend the time frame for the Board's deciSion until a subsequent meeting
Section 4-502 B An application/notice of appeal of appeal of any deciSion of the City, as proVided In Section 4-501, may be Initiated by the applicant or
any person granted party status Within 14 days of the deciSion Such application shall be filed With the City Clerk in a form specified by the Community
Development Coordinator Identifying With specifiCity the baSIS for the appeal and accompanied by a fee as required by Section 4-202 E The filing of an
application/notice of appeal shall stay the effect of the deciSion pending the fmal determInation of the case
A. APPELLANT AND AGENT INFORMATION:
APPELLANT NAME C t ~ ..,../tJ.)EflLR..
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MAILING ADDRESS ! 'f.:,. I
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PHONE NUMBER 72-"7 - l.i '"'t'1..- - ~ 3- 0 \
AGENT NAME ';< D ,.:::.
FAX NUMBER
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MAILING ADDRESS 'b ,
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t./'..{L- B ~r.ll b 38'....:3 ~f-FAX NUMBER 7~7 - LI -r i- 75 .30 ...f
PHONE NUMBER J t--7 _
B. APPEAL INFORMATION
CHECK THE SPECIFIC APPEAL
Appeals to the Community Development Board
o Orders, reqUirements, deciSions or determinations made by an
administrative official In the administration of the Community
Development Code, except for enforcement actions
o AdminIstratIve InterpretatIons of the Community Development
Code
o Level One (FleXIble Standard Development and MInimum
Standard) approval deciSions
o Denials of any permit or license ISSUed under the provIsions of
the Community Development Code
o Any denials deemed to have occurred as result of the failure of
the Community Development Coordinator to act Within the time
limits provided In thiS CommUnity Development 80de
Page 1 of 2 - Appeal t'pplicatlon (Level One and Lev,l11 Two ReViews} - City of Clearwater
/
40
;
ADDeals to a heanna officer
~ 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 applrcable) /6/ 6r I C, r::fW.J:l::r"WL 1)rL..
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/,2, 3. b 1 2S
7 /D
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SPECIFIC CASE NUMBER TO BE APPEALED (If applrcable) r L-D 2-0 0 ~
)/037
DATE OF DECISION
/2--.,- /8 -D:j-
C BASIS OF APPEAL:
Explain In detail the basIs for the appeal Use additional sheets If necessary
61U-
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D. SIGNATURE
I, the underSigned, acknowledge that all representations made In thiS
applrcatlon are true and accurate to the best of my knowledge
STATE OF FLORIDA, COUNTY OF PINELLAS
S:::::f. to and subscnbed before me thiS 2...- day of
A-~~, AD ~tJJ?, to me and/or by
-1!..D ,d-~.c 7~0 IS personally kno~as produced
as laentlflcatlon
?O"-d:> f4 ~~
Notary publrc, V
My commiSSion expires
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pp!tcatJOn Formsldevelopment levlewlAppeal Application 2002 doc
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RONALD M AUGUSTINE
MY COMMISSION It DO 409645
EXPIRES July 16, 2009
Bonded Thru Notary P1Jbl1c Underwriters
Page 2 of 2 - Appeal Applrcatlon (Level One and Level Two Reviews) - City of Clearwater
,.#
I
Section C: Basis Of Appeal
This -ls-afl-appeal-Of the Commurnty Devefopmern Board~-f'CDB"~-demaJ-Of ~s.level T.wo
ApplfcatJon ("Application") on December 18, 200'7 lhe Application requested FleXible Development
approval to. 1 i permtt overnight accommodations (timeshares) use on the subject prof)erty: and 2}
continuance of the previOusly approved T erminatfon of Status of Nonconformity to permit back-out
parking (STaff tndicated that If the ovemtght accommodatl.ons (tuneshares) use IS approved, then the
back-outparkmg-shoctd b~approvectasweti) 'fhe C6Cbasedrts demaf, m part; on Stafrs
recommendation of denial based on "fairness" of the current owners in the "neighborhood."
Staff, in its official report and in testImony before the COB, agreed that overnight accommodations
~r-use at tAe- sOOject--propefty is a permittee t1Se- pursuant to-the- C{)mmunfty Deveropment
Code ("Code") Stafffurtherwrote that the ApplicatIon would have been approved If an to' owners lamed
in ttl.e App1ica1ioo {.a of the 1t} owners J01ned the app:I1catioo-).
T-he "fatmess" -ar.gument,.as -discussed <:It -the COO .meetmg, .contemplated that -eurr-em.owners .bought.in
the development as a resuJenbal development and should not be forced to have the natur-e of t:Ae
development changed However. the subject 'pro~ IS located In the Tourist District, which provides for
tne requested use, whicn is further contemplafed oy Beach by Design. The ROA documents dearly
contemplate changes to the use of the development and prov<<ie far such changes lD be made lD the
ttOA documents Therefore, the cmrent 0WITen;, -at the tIme of purchase, were on notice that overnight
accommodations (timeshares) use is pemutted and that the HOA documents permit changes which could
allow fE>f SU€fr-u5E7of tfle-~
As :provided m ftle Staff .r.eport, Staff determmed that.the -OVenUgt.tt -accommOOations ~~.es} -USe was
Inconsistent wrth the Code's FleXibIlity cntena based on the consistency of use WIth the unelghborhood II
The "netghborhood" was repeatedly defined by Staff as "being the overall development project of to
Units ... Thfs definition oflVneighborhoad"" is Inconsfstent with the generar definition of"neigflborhoad"" in
generafIy accepted planmng pnncJples as well as InconsIStent WIth the term as utilIZed In the Code as
h1stoncatIy Illb:::i'pl detl According to- W'ebstEr"s Dn;;bullc:1I Y I the- term "nelgllbof Ilcod" tS a "place or reg10n
near. vicinity," and "the people living near one another." The term "neighborhood" should have included,
ata~, theeOOre~Df:ive-OOffIdoF 1f a-prop€f~.sf"~ was~ed;
the ovemrght accommodatrons {tImeshares! ase would be conSidered consrstent with the Unerghborhood"
and therefore,.. consistent with. the. Code.'s. ~ ctitetia staff concede-s as. same m-lts. own.. report.
saymg- that If aU 1-0- OWfleFS agreed, Staff has 00 Issue
T:herefor.e., tt:us .appea.t .requests :that !he beanng .officer find that the dectstOn of the COB cannot be
sustarned by substantial competent eVIdence before the CDB or the deCISions of the CDB departs from
the essential requirements of law
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CiTY ArroRNEY's OFFICE
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CITY HALL, 112 SOUTH OSCEOlA AVENUE, CI EARWATER, FLORIDA 33756
TELEPHONE (727) 562-4010 FAX (727) 562-4021
January 18, 2008
VIA FEDEX
Robert S Cohen, Director and Chief Judge
State of FlOrida
DIVISion of Administrative Hearings
The DeSoto BUilding
1230 Apalachee Parkway
Tallahassee, FlOrida 32399-3060
RE Clearwater Townhomes Inc v Community Development Board and City of
Clearwater Appeal of Community Development Board (CDB) DeCISion of
Case No FLD2007-11037 (Contract Case)
Dear Judge Cohen
Enclosed are two copies of the following Items regarding the above-referenced
case before the Community Development Board, whose deCISion IS being
appealed by Clearwater Townhomes Inc v City of Clearwater FLD2007-11037
1 Appeal Application,
2 Planning Department file With FleXible Development Application,
correspondence, Including agenda packet for CDB meeting,
3. Material from the office of the City Clerk Includes a copy of minutes of the
December 18, 2007 Community Development Board meeting
For the convenience of the parties and witnesses please schedule the hearing In
Clearwater The CounCil Chambers on the third floor of City Hall, 112 South
Osceola Avenue, Clearwater, FlOrida IS usually available You may contact
. t t , l'
Diane Manni, City Manager's Office at (727) 562-4042 to arrange a location
*
"EQUAl EMPI OYMEN f AND ArFIRMA11VE ACTION EMP! OYER"
Robert S Cohen, Director and Chief Judge
DIvIsion of Administrative Heanngs
Page Two
January 18, 2008
Please advise the parties as soon as an administrative law Judge IS assigned to
this case
Very truly yours,
iA'7<o/~
Leslie K Dougall-Sides
Assistant City Attorney
LDS/grh
Enclosures
Cc Gina Gnmes, EsqUire, HIli Ward & Henderson, P A , Attorney for CDB
,Ron Augustine, Clearwater Townhomes, Inc, Appellant
-Mlchaell-Delk,Dlrector,-Plannrng Dept) -
Cynthia E / Goudeau, City Clerk
D'~~~~I&~ 0-1
~~N 22 2006) I
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PLANNINI:;' 81 DEVELOPMENT
SERVICES
CITY OF Cl EARWATER