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APP2007-00001APP2007-00001 1175 GOULD ST MUNYAN, RALPH PLANNER OF RECORD: NOT ENTERED ATLAS # 287A ZONING: D LAND USE: CBD RECEIVED: 08/03/2007 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPORT: DRC CDB: CLWCoverSheet A~horization For Disbursement Date:8/9/2007 Time:9:09 AM Vendor/Payee name: Ralph Munyan 2nd line vendor/payee name: Paintmaster Inc. .Remit to: Street / PO Box 1175 Gould Street Remit to: City, State, Zip Code Clearwater, FI 33756 Purchase orders are required for payments in excess of $2,500. Purchase Orders are required if prior year payments or expected payments have or will exceed $2,500. P.O. NUMBER (if required) RELEASE RECEIPT Provide a description or reason for this expense: Refund for Appeals Appication APP2007-00001 -1175 Gould Street, Clearwater FI. The refund is being issued in accordance with Section 4-502 (B) attached is a copy of the code. Refund issued for $250.00 Appeal Fee - If you are charging more than one account please provide additional description for each account: CHARGE TO ACCOUNT # AMOUNT TO CHARGE 1 APPEAL- APP2007-00001 010-341262 250.00 2 0.00 3 0.00 4 0.00 5 0.00 6 0.00 7 0.00 8 0.00 9 ~ 0.00 10 0.00 11 0.00 12 0.00 13 0.00 14 0.00 15 0.00 16 0.00 ran ota 5 .0 J~ Full Signature ~. of person authorized to sign Purchase Order Receiver Copy: ~~ c Print Name and Title of person signing ~ Ne ~ ~ C I Stv~ e.v ~ a/v- Print this form and attach the original document(s) that validate the amount ou are requesting payment for. Attach any copies that must be sent with the check. Improperly completed forms will delay check request. Please explain below if you are requesting the Finance Department not to mail check to the vendor. Created by W.M. Tedder Keyed City Clerk Dowment # 982102 BlankrefundsExam ple.xls § 4-501 COMMUNITY DEVELOPMENT CODE DIVISION 5. APPEALS dente in the Level l review, 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. Section 4-501. Authority and purpose. A. The community development board has the authority to hear appeals from: 1. Administrative interpretations of this de- velopment code. 2. Orders, requirements, decisions or deter- minations made by an administrative of- ficial in the administration of this devel- opment code, except for enforcement actions. 3. Level One approval decisions. 4. Denials of any permit or license issued under the provisions of this Code. 5. Any denials deemed to have occurred as a result of the failure of the community development coordinator to act within the time limits provided in this Community Development Code. B. The hearing ofl"icer has the authority to hear appeals from: 1. Decisions of the community development board regarding Level Two approvals. 2. Decisions of the community development board regarding Level One approvals. 3. Any denials deemed to have occurred as a ' result of the failure of the community development board to act within the time limits provided in this Community Devel- opment Code, or as a result of the failure of any other administrative official or body (other than the community develop- ment coordinator or the city commission) to act within the time limits provided by any other applicable law, rule, policy, or regulation then in effect. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6998-02, § 5, 7-18-02) Section 4-502. Application/notice of appeal. A. An appeal of a Level One approval (flexible standard) may be initiated by an applicant or property owners within the required notice area and who presented competent substantial evi- B. Appeal of all other applications other than Level One approval flexible standard may be initiated by the applicant, or by 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 final determination of the case. C. No building permit shall be issued for a Level Two or Level Three approval prior to the expiration of the appeal period. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §§ 101, 102, 5-2-02) Section 4-503. Staff review, report and rec- ommendation. After the community development coordinator has reviewed the application/ notice of appeal in accordance with the provisions of Section 4-202(C) and (D), the coordinator shall send a written recommendation to the community development board, or the hearing officer, if applicable, with a copy to the .applicant, setting forth whether the appeal should be granted or denied and the grounds for such recommendation. (Ord. No. 6526-00, § 1, 6-15-00) Section 4-504. Community development board appeals. A. Upon receipt of the recommendation of the community development coordinator regarding appeals from decision set out in Section 4-501(A), the community development board shall review the application, the recommendation of the com- munity development coordinator, conduct aquasi- judicial public hearing on the application in ac- cordance with the requirements of Section 4-206 and render a decision in accordance with the Supp. No. 17 CD4:20.2 • 4,~ys,,,...,._./ ~~_ :v:,.,s,, - o ~~+'~ - ~M =-~QTER~~'`~ `<<~ireaf LONG RANGE PLANNING DEVELOPMENT REVIEW February 24, 2006 CITY OF CLEARWATER PLANNING DEPARTMENT POST OFF-cE BOX 4748, CLEARWATER, FI.oRIDA 33758-4748 MUNICIPAL, SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE,, CLEARWATER, FLORInA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 Mr. Steven A. Williamson Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street P.O. Box 1368 Clearwater, FL 33757-1368 Re: 1175 Gould Street, Clearwater, Florida (Munyan Painting Services) t'-~ ~t-tt ~ Dear Mr. Williamson: This letter is in response to your request for a zoning determination regarding the above referenced property with respect to the ability to construct a building addition. The subject property has a zoning designation of Downtown (D) District with an underlying and compatible Future Land Use designation of Central Business District (CDB). Further, the subject property is located within the Town Lake Business Park character district of the Clearwater Downtown Redevelopment Plan area and as such, is subject to the provisions of said Plan. According to the City's records, Munyan Painting Services was established at the subject property in September 1987, and presently active occupational licenses exist for said business to operate as a painting contractor and as a carpentry contractor. However, pursuant to Article 2, Division 9 of the Community Development Code (copy attached), a contractor's office of any type is not a permissible use within the Downtown (D) District. Further, pursuant to the Clearwater Downtown Redevelopment Plan, the Town Lake Business Park is envisioned as being redeveloped with corporate and professional offices as well as uses conducting research and/or light assembly. The use and/or continued use of the land as contractor's offices is not envisioned. Based upon the above, the existing use of the subject property is nonconforming; therefore the Nonconformity Provisions set forth in Article 6 of the Community Development Code (copy attached) apply to the subject property. It is noted that the expansion of nonconforming uses of land or structures is specifically disallowed by Section 6-103.B. Policy 11 implementing the Vision of the Clearwater Downtown Redevelopment Plan encourages nonconforming uses to relocate. It also precludes the use of the Development Code tool "Termination of Status as a Nonconformity" in the Plan area. Should you have any further questions regarding the above, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539 or via email at robert.tef~~?mycleufwatei•.cor;'a. PRANK f{IISISAIID, IVIAYOIt I3u.1. JonsoN, VRa:-11nvo1( IonN I)ow~n, Ccx~r:cu w:nnsrR HOYr Hnntn:roN, ~,UUNCILMIin9lSlilt ® CAIiLIiN A. Prrsl3sl:n, C(ni~<ai nu:nusl=R °ISQUAI. LMPLOYMIiN•I• AND AI'I'IKMKL'IVii /A(°I70N Ei~1PL01'1?R~~ . ~. Sincerely, ~~ e Neil C. Thompson Development ~.eview Manager Enclosures S~,AL~ 8/3/2007 ''I`' ~ Receipt #: 1200700000000006704 10:34:38AM 9 ~= ~ Date: 08/03/2007 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid APP2007-00001 Appeals Fee -Commercial 250.00 010-341262 Line Item Total: $250.00 Payments: _ Method Payer Initials Check No Confirm No How Received Amount Paid Check PAINTMASTERS INC jaw 15044 In Person Payment Total: • 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. 250.00 $250.00 cReceipt.rpt Page 1 of 1 =-.... C~ rT • Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4576 ^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATIOiJ ^ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION ^ SUBMIT APPLICATION FEE $ CASE #: ~ ~~ DATE REC IVED: RECEIVED BY (staff initials): APPEAL APPLICATION Level One and Level Two Reviews (Revised 03/29/01) PLEASE TYPE OR PRINT APPLICATION/NOTICE OF APPEAL (Code Section 4-502.A & B) An appeal of a level one approval (flexible standard) 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. 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 final determihation of the case. A. APPELLANT AND AGENT INFORMATION: APPELLANT NAME: Ralph Munyan MAILING ADDRESS: ~ ~ 75_ GOUld Street, Clearwater, FL 33756 PHONE NUMBER: 727-442-5062 AGENT NAME: MAILING ADDRESS: PHONE NUMBER: FAX NUMBER: 727-44 ~ -2831 FAX NUMBER: B. APPEAL INFORMATION CHECK THE SPECIFIC APPEAL: Appeals to the Community Development Board ^ Orders, requirements, decisions or determinations made by an administrative official in the administration of the development code, except for enforcement actions. Administrative interpretations of the development code ^ Level One (Flexible and Minimum Standard) approval decisions ,~ Denials of any permit or license issued under the provisions of this Code ADDRESS OF SUBJECT APPEAL (if applicable): SPECIFIC CASE NUMBER TO BE APPEALED (if applicable): DATE OF DECISION: Appeals to a hearino officer ^ Decisions of the community development board regarding level two approvals ^ Decisions of the community development board regarding level one approvals ^ OTHER (as allowed by Code) Page 1 of 2 -Appeal Application (Level One and Level Two Reviews City of Clearwater •,~_ ~ • C. BASIS OF APPEAL: Explain in detail the basis for the appeal. Use additional sheets if necessary. Denied opportunity to expand the footprints of our business by the current board. When the previous i_,. ~. ~ ~::+.. administration had approved same in 1999. The code has not changed that much since then. 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 Swg{n t~Q and subscribed before me this .J.eD day of f9 l~-~i LL,T ~ A. D. 20 D 7 -and by who i personally known h produced as identification. Signature of property owner or representative Notary bli _ d/o~ / ~ My co mis ion expires: / 7 IIMS2IPDSIPIanning DepartmentlApplication Formsldevelopment reviewlAppeal Application.doc "~",,, JANET M. REISMAN ~~ MY COMMISSION # DD 484004 ;~a,- EXPIHES:October20,2009 .'~~~~ ~yg t3onded Thru Notary PuuGc Urtderwrkera Page 2 of 2 -Appeal Application (Level One and Level Two Reviews}- City of Clearwater TANG RANGE PLANNING DEVELOPMENT REVIEW February 24, 2006 ,.~ CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748,• CI.PARWATER, FL.OL(IDA 33758-4748 MUNICIPAL. $F.RVICES BUILDING, lOO SOUTH Mvt(TIT: AVF.NUF., CLFAL(WATF.R, FLORIDA 33756 TF.LF.PHONE (727) 562-4567 FAx (727) 562-4865 Mr. Steven A. Williamson Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street P.0.. Box 1368 Clearwater, FL 33757-1368 Re: 1175 Gould Street, Clearwater, Florida (Munyan Painting Services) _ ` Dear Mr. Williamson: This letter is in response to your request for a zoning determination regarding the above referenced property with respect to the ability to. construct a building addition. .The subject property has a zoning designation of Downtown (D) District with an underlying and compatible Future Land Use designation of Central Business District (CDB). Further, the subject property is located within the Town Lake Business Park character district of the Clearwater Downtown Redevelopment•Plan area and as such, is subject to the provisions of said Plan. According to the City's records, Munyan Painting Services was established at the subject property in September 1987, and presently active occupational. licenses exist for said business to operate as a painting contractor and as a carpentry contractor.. However, pursuant to Article 2, Division 9 of the Community Development Code (copy attached), a contractor's office of any type is not a permissible use within the Downtown (D) District. Further, pursuant to the Clearwater Downtown Redevelopment Plan, the Town Lake Business Park is envisioned as being redeveloped with corporate .and professional offices as well as uses conducting research and/or light assembly. The use and/or continued use of the land as contractor's offices is not envisioned. Based upon the above, the existing use of the subject property is nonconforming; therefore the Nonconformity Provisions set forth in Article 6 of the Community Development Code (copy. attached) apply to the subject property.. It is noted that the. expansion of nonconforming uses of land or structures is specifically disallowed by Section 6-103.B. Policy 11 implementing the Vision of the Clearwater Downtown Redevelopment Plan encourages nonconforming uses to relocate. It also precludes the use of the Development Code tool "Termination of Status as a Nonconformity" in the. Plan area. - Should you have any further questions regarding the above, please. do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539 or via email at r•obert.tejt(a)mycleanvater•.com: THANK HlliliAHD, MAYOR I311J.~ONtiUN, VICE-MAYUK ~OIIN DOKAN, CU(IN(.ILAl1iMliliH HUYf HAAtII.I'()N, CUfIN(:IIMIiMISI:K ® CAI(I.IiN A. I'i"I'IiKtiI:N, ~.()IIN(.II.PII:TIISIiH ~~I:QUAI. ISMPLOYMIiN'I' ANI) /~FRIRMA'CIVIi A("PION IIMPLOI'1?It°