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APP2009-00005 - 1932 HASTINGS LN - RESIDENTIAL POOL AND DECKAPP2009-00005 1932 HASTINGS LN SIDENTIAL POOL AND DEC PLANNER OF RECORD : MJJ ATLAS # 253A ZONING: LMDR LAND USE: RU RECEIVED: INCOMPLETE: COMPLETE: MAPS 08/ 19/2009 PHOTOS: STAFF REPORT: DRC CDB: CLW CoverSheet CDB Meeting Date: September 15, 2009 Case Number: APP2009-00005 Agenda Item: Fl . Appellant/Owner: Thomas Evans Agent: Thomas Evans Address: 1932 Hastin sg Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to Community Development Code (CDC) Section 4-SOl.A.3, that a requested pool and deck location is inconsistent with the Accessory Use/Structures standards as set forth in CDC Section 3-201.B.4. CURRENT ZONING: Low Medium Density Residential (LMDR) District CURRENT FUTURE LAND USE CATEGORY: Residential Urban (RU) PROPERTY USE: Current Use: Detached Dwelling Proposed Use: Detached Dwelling EXISTING S7JRROUNDING North: Low Medium Density Residential (LMDR) Distract ZONING AND USES: Detached Dwelling South: Low Medium Density Residential (LMDR) District Detached Dwelling East: Low Medium Density Residential (LMDR) District Detached Dwelling West: Low Medium Density Residential (LMDR) District Detached Dwelling BACKGROUND: The subject parcel comprises 0.20 acres and is located at the northeast corner of Hastings Lane and Barrington Drive. On June 30, 2009, a Flexible Standard Development (FLS) application was submitted requesting approval to permit a swimming pool and decking at a detached dwelling in the Low Medium Density Residential (LMDR) District with a reduction to the front (west) setback from 25 feet to 10.4 feet as a Residential Infill Project under the provisions of Community Development Code (CDC) Section 2-203.C. Community Development Board- September 15, 2009 APP2009-00005- Page 1 of 3 It should be noted that this request was previously approved through FLS2007-04020; however this approval expired on July O5, 2008 without a building permit application being submitted. The approval should not have been granted as pursuant to CDC Section 3-201.B.4, accessory structures must be located behind the front edge of the principal structure. The request was not consistent with this provision as a portion of the accessory structure (pool and decking) was to be located in front of the front edge of the principal structure. After review of the current application (FLS2009-06010), staff agreed with the above determination and issued a development order denying the application, based upon the following findings of fact and conclusion of law: Findings of Fact: 1. That the subject 0.195 acres is located at the northeast corner of Hastings Lane and Barrington Drive; 2. That the subject property is located within the Low Medium Density Residential (LMDR) District and the Residential Urban (RU) Future Land Use Plan category; 3. That there are no active Code Enforcement violations associated with the subject property; and 4. That the request includes allowing a portion of the proposed accessory structure (pool and decking) to be located between the principal structure and right-of--way (Barrington Drive). Conclusion of Law: 1. That pursuant to CDC Section 3-201.B.4, the accessory structure must be located behind the front edge of the principal structure. This request is not consistent with this provision as a portion of the accessory structure (pool and decking) is to be located in front of the front edge of the principal structure. An appeal from the above Level One (Flexible Standard Development) decision was filed by the property owner on August 14, 2009, consistent with the timeframe established for an appeal to be initiated in CDC Section 4-502.A. Pursuant to CDC Section 4-SO1.A.3, the Community Development Board (CDB) has the authority to hear appeals from Level One (Flexible Standard Development) decisions. Pursuant to CDC Section 4-504.A, the CDB shall review the application, the recommendation of the Community Development Coordinator, conduct a quasi judicial public hearing on the application, and render a decision in accordance with the provisions of CDC Section 4-206.D.5 granting the appeal, granting the appeal subject to specified conditions, or denying the appeal. It is noted that pursuant to CDC Section 4-504.B, in order to grant an appeal, overturning or modifying the decision appealed from, the CDB shall find that based on substantial competent evidence presented by the applicant or other party that each and every one of the following criteria are met: 1. The decision appealed from misconstrued or incorrectly interpreted the provisions of this development code; and Community Development Board- September 15, 2009 APP2009-00005- Page 2 of 3 2. The decision of the CDB will be in harmony with the general intent and purpose of this development code; and 3. The decision of the CDB will not be detrimental to the public health, safety and general welfare. Prepared by: Planning Department Staff: ~ /~ Matth~~'v ackson, Planner II / ATTACHMENTS: ^ Development Order Issued on August 12, 2009 ^ Aerial Photograph of Site and Vicinity ^ Location Map ^ Future Land Use Map ^ Zoning Atlas Map ^ Site Photos ^ Resume S: !Planning DepartmenNC D B':Appeals!Hastings l932 Evans (LMDR) 2009.09 - M.I'Hastings 1932 Appeal Staff Report 8.21.2009.doc Community Development Board- September I5, 2009 APP2009-00005- Page 3 of 3 Matthew Jackson 100 South Myrtle Avenue Clearwater, Florida 33756 (727) 562-4836 matthew.jackson(a,myclearwater.com PROFESSIONAL EXPERIENCE o Planner II City of Clearwater, Clearwater Florida October 2008 to Present Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, and variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. ^ Planner I Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007 Project manager for various development applications such as plat, site plan, rezoning and variances. In-depth government agency, in-house and client coordination to ensure that the projects maintained submittal schedules stayed within budget constraints and attained approval. Schedule and lead project kick-off meetings, ensure municipal project conditions were resolved, produce supporting documents and make site visits as well. Research and prepare due diligence reports including subject matter such as zoning, land uses, densities, available public utilities and land development costs. Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made disasters affecting Calvin, Giordano and Associates and local municipalities. ^ Manager Church Street Entertainment, Orlando, Florida September 1999 to February 2004 Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment complex including 100+ staff. Conducted hiring and training operations including security and inventory control. Managed and reconciled nightly gross revenues as well as preparing and delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing and special events. ^ Linguist US Army, Fort Campbell, KY October 1991 to October 1995 Maintain fluency in the Arabic language and knowledge of customs and culture as well as military readiness for possible deployments or training operations. Co-managed intelligence gathering operation in Haiti including coordination between multiple Special Forces units and civilian authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison between Special Forces battalions to coordinate certification training. EDUCATION ^ Master of Arts, Urban and Regional Planning, Florida Atlantic University, 2007 ^ Bachelor of Arts, Urban and Regional Planning, Rollins College, 2004 Community Development Board- September 15, 2009 APP2009-00005- Page 4 of 3 i u, ~ _ :1 x ~ `i _~.,,....::~,:W.._.'-:.."`''.,'..•"' ~ UNION STREET CR-600 ~Q- NUT G 'Q j• `-., t- - SETON j-. ~ ~ m ~ Q ~ • MONICA a a a a a ~ ~ ER OAKS DR ~ ~: lE: ~ FRANCIS ~ Z ~ ~ a BU FORD ~. O ~ rn F o Y ;;. ~ ~ ~ ~ ' ~ o z ~ W ~ a DAWN o ~ ~ ~ p w ~ f; ~ GAYLE w ~ ~:>- 0 MONTCLAIR RD .r~.^ r - :•-:• / G~~:~~'• RADCLIFFE DR N :::~ . Sin Tree _ _ m m ~ ~ ON ~ DR z ~ SUN TREE Z = PROJECT ~~~ N ~` SITE C~~~^~ Woods ~ aQ Hail ~~+ n m l ~ Q ~~..-....- Seton a HASTIN LA - ..• . ~ ~f^~ ~' l I ' SUNSET POINT RD Sunset Grace La ~~:-= : f Fr"~ •~ 1i':- { '~'-~-: ~ .. . - :: ~ '~.;:; .. ~ ^- fi : ~-r 5 . ~ • . . ~~.1 J ,t , tt , . '. 5~. ~. 1• 1. 4:5•:.;:•T`.wri •1: .-5. •~~'..: ',. .. ~. ti'. S. •~~'•-• ~ :5. .'.\':~•: ~'-. 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'~ ~ .l•• t wij- ~ocarioN Owner: Tom Evans Case: APP2009-00005 Site: 1932 Hastings Lane Property Size: .2 acres PIN: 01/29/15/98110/000/1220 Atlas Page: 253A 91 96 1 1961 1960 27 46 1960 1955 15 ~ s0 g lass 1s54 BARRINGTON Di 19s4 28 ~ i ~ 14 ~ ~ ~ ~ 1949 1 ~ 948 ~, ~ ~ 13 1948 ~ ~ 111 110 109 108 107 106 105 1943 1g4Y 11~' 1942 30 43 320 12 O 113 y 1937 1936 , 31 42 1936 X9"'9 11 117 ~ ~ V 11 z ~ 1931 41 1930 d 14 11~ 16 10 1930 Q 32 = ~ 1924 1925 33 ~ 1924 LMDR 9 ~ 1919 a, 8 1918 34 39 ^ ~ °~.-' 118 1918 ~ ~ ~ 119 '~0 7 1913 1912 35 38 1912 Q 121 1913 j l 2 ~5 124 ~ ~ 6 1906 ~ 36 37 0 ~ ~22 123 23 1907 1906 2 1900 5 g ~ g HASTINGS LN 4 3 2 1 129 128 127 126 0 60 a 27.8 282.84 SUNSET POINT RD ~ SUNSE O/NT RD of ': i:1'i.~.::~::;,:.; •t:>.',i: (~'/ ~ a :. t:: ti :.l .•-. .'.5 ~~.... •' ZONING Owner: Tom Evans Case: APP2009-00005 Site: 1932 Hastings Lane Property Size: .2 acres PIN: 01/29/15/98110/000/1220 Atlas Page: 253A 91 96 1 1981 1960 46 19a0 15 27 1955 ~ 9 1955 1954 90 BARRINGTON Di 1954 28 45 z ~ 14 0~ ! h ~ '- ~ ~ ~ ~ 1949 1948 .°f. ~ ., ~, ~ 13 1948 29 ~ 111 110 109 108 107 106 105 ~ 1943 1942 30 43 1942 11 ~ir 12 Q 113 320 1937 1938 ~ 42 1936 ~,p 117a, "~ 11 ~' a 31 11 F H 1931 41 1930 ~14 11~, 1930 Q 32 ~ 16 10 = 192 1924 G ~~ 1924 33 ~ t W l. f r' s ~ Np 1919 8 1918 34 39 1918 a ~ ~ 118 ~ oil ~ 119 ~0 1913 1912 121 7 1912 35 38 Q 1913 ~25 2 124 ~ .°: 6 1908 ~ 36 37 ~ ~ ~ ~2 123 23 1907 1908 Z ~ 1900 g ~ g HASTINGS LN 5 a 4 3 2 1 129 128 127 126 so z~.e 2s2.aa SUNSET POINT RD SUNSET POINT RD '.1'. `.5 ~~.... ~ t.5 ~~... •'•' ExisriN~ Owner: Tom Evans Case: APP2009-00005 Site: 1932 Hastings Lane Property Size: .2 acres PIN: 01/29/15/98110/000/1220 Atlas Page: 253A y i z ~, r l - ~ ;,. ~ . . ~ ( t , ~ s ~~ i'44r ~ ' ~.~. ~ .. /' ' ~' ~ I~ ~f i ~ ~^ ~ ~1 ~ R a. .. gi t' , ~ r. * ~~ j S ~ ~ ~ _ ~ t_,. 'i .d. .IF ' t~,,1 s` ~I ~ .~ J J l' 'S lTI~~L.~' Ll~',~ r ,. ~ ~.r -. .. ,~; c ~~ _ ~ . .. ~ ~'.~'L'1'l'l?lh'1'liL ~ _ , .~ .~` r ~ r ,~ rP.~h;.~~~'E~~ ~I' a A~ _ fi ~ . , . '. .. .. . AERIAL Owner: Tom Evans Case: APP2009-00005 Site: 1932 Hastings Lane Property Size: .2 acres PIN: 01/29/15/98110/000/1220 Atlas Page: 253A View of the property looking north 1932 Hastings Lane APP2009-00005 View of the property looking northwest. Planning Department '~'[~ 1tXl South Avenue ~`~`l '~ /j+~flr Clean~water, Ftor~da 33756 DATE RECEIVED: ,,~, a(, j Telephor~: 727-562-4567 RECEIVED BY (staff initials): Fax 72762-4576 Q SUBMIT ORtGIf~FAt StfyNED Al~'7 hf4TARtZED APPLteATtOf+t © SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION O SUBMIT APPLICATION FEE $ APPEAL APPLICATICIN Level One and Level Two Reviews (Revised 03/29/01) APPLICATIONfNOTICE OF APPEAL (Code Section 4-5f}2.A ~ B) An appeal of a level one approval (flexible standard} maybe initiated by a property owner abutting the; property is Uie subject of the approval within seven days of the date the development order is issued. The fdirg of an application) notice of appeal shah stay the effect of the deasion pending the final determination of the case. An application/ notice of appeal of appeal of any deasion of the city, as provided in Section 4-501, may be utifiafed by the applicant or any person granted party sfatus within 14 days of the decision. Such application shag be filed with the ary Berk in a form specified by the crommunity development coordinator identifying with speafiaty the basis for the appeal and accompanied by a fee as required by Section 4-202.E. Tfie filing of an applicatiorb notice ~ appeal shah stay the effect of the decision pending the firm determination of the case. A. APPELLANT AND AGENT iN~ORMATION: APPELLANT NAME: TOM EVANS MAILING ADDRESS: 1932 hastings lane PHONE NUMBER: 7 2 7-420-12 7 4 FAX NUMBER: 7 2 7-7 34-3821 AGENT NAME: MAILING ADDRESS: PHONE NUMBER: FAX NUMBER: B. APPEAL INFORMATION CHECK THE SPECIFTC APPEAL: Anneals to the Community Development 8oartt ^ Orders, requiremerrts, decisions or determinations made by an administrative offidal 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 pennif or license issued under the provisions of this Code Anceals a hearing officer ^ Dedsions of the community development board regarding level two approvals ^ Decisions of the community development board regarding level one approvals ^ OTHER (as allowed by Code) ADDRESS OF SUBJECT RPPEAL (rf applicable}: 11 ~~~"+0.5't- f10.S ~CJU1 SPECIFIC CASE NUMBER TO BE APPEALED ~rf applicable): DATE OF DECISION: Page 1 of 2 -Appeal Application (Level One and Level Two Reviews}- City of Clearwater C. BASIS OF APPEAL: Explain in detav the basis for the appeal. Use additional sheets if necessary. D. SIGNATURE: 1, the undersigned, acknowledge that all representations made in this application are true and accurate to the hest of my knowledge. ~_ Signatu a of property owner or representative STATE OF FLORIDA, COUNTY OF PINELL.AS Slnrorn to and subscribed before me this day of A.D. 20 to me and/or by who is personally known has produced as identification. Notary public, MY commission. expires: ItMS21PdStF'lanning DepartmenflApp~cation Formsldevelopment reviewL4ppeal Applicafion.doc Page 2 of 2 -Appeal Appliption (Level !lJne and Level Two Reviews}- City of Clearwater Qn Apri130~' of 2007, I went to the City to determine the feasibility of building a pool on my property at 1932 Hastings Lane in Clearwater. To show my intent, I had sketched a proposed pool on a copy of my property survey. The response was that I would need to apply for a variance. Since it is a corner lot , a variance was needed to construct closer than 25' to the side lot line. Not only was the City staff kind enough to accept my money, but they even helped me to fill out the application in the necessary format. After staff review, I was given a hearing date before the variance board, and my variance was granted. Due to the economic downturn, I wasn't able to build the pool in the following 12 months, and my variance apparently expired. I wasn't aware that it could have been renewed for up to 3 years. I was able to get a more affordable price this summer, and signed a contract, but when my contractor went to the City to check on the variance, he was told it couldn't be renewed. I would have to pay the fee again and re-apply. I went back to the City and was again helped through the application forms and paid another fee. After receiving an e-mail that my application was complete, and a letter telling me and my neighbors about the August 6'~ board hearing, I arranged to refinance my house to pay for the pool construction. Roughly two weeks after re-submitting my request for a variance, and three days after closing on my refinance, Ireceived an e-mail from City staff informing me that my hearing was unnecessary. My request violated existing code, and thus couldn't be processed. Upon additional questioning, I was told that the same code existed when the original application was made, yet it was approved. How could this application go through the same 14 people each time, yet come up with two different answers? Had I been given ~ inkling throughout this process that this might not be possible, I could have held off on the refinance. I was assured by the City staffthat everything would be fine, and that if more information was needed, they could simply consult my previously approved file. Now I owe an extra six years on my mortgage, with the higher payment that accompanies it, just far the pleasure of having money available to build a pool that can't be permitted! I'm requesting this variance to build an inground pool, not a room addition, or other non-conforming feature that would block my neighbors' views or devalue their properties, None of my neighbors who received notification of the variance hearing have any objection to my plans. Not only was this variance already approved once, but it went through another round of 14 people and got signed off for completion. Because of the rear and side easements and rear porch, there is no other suitable space in my yard to construct a reasonably sized pool. This is precisely why I went to the City to begin with- to determine any restrictions or codes that might be a problem! I feel I'm suffering a financial hardship due to the apparent ineptness of various City departments who should have been aware immediately and notified me of a problem long before they did. The only issue they seem to be clear on is the necessity to pay a sec nd application fee for a variance they then claim is impossible to approve. It would seem that the sole purpose of a variance board would be to make exceptions to the general rule! My appeal now is to receive the variance 1 was originally granted. Thanks for your time, Tom Evans J' CITY OF CLEARWATER ~~,,~...t~:~~~, POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 C MUNICIPAL SERVICES BUILDING, 100 Sown-r MYRTLE AVENUE, CLEARWATER, FLORIDA 337 lV TELEPHONe. (727) 562-4567 FAx (727) 562-4865 PrJ\NNING Dt:PAR'rD4GN'C Thomas F,vans August 12, 2009 1932 Hastings Lane Clearwater, FL 33763 Re: FLS2009-06010 - 1932 Hastings Lane Dear Mr. Evans: 'This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code (CDC). On August 6, 2009, the Development Review Committee (DRC) reviewed your Flexible Standard Development request to permit a swimming pool at a detached dwelling in the Low Medium Density Residential (L,MDR) District with a reduction to the front (west) setback from 25 feet to 10.4 feet as a Residential Intill Project under the provisions of Section 2-203.0 of the CDC. "The DRC recommended denial of this application. "Therefore, the application is hereby DENIED based upon the following Findings of Fact and Conclusion of Law: Findings of Fact: 1. That the subject 0.195 acres is located at the northeast corner of Hastings Lane and Bamngton Drive; 2: "That the subject property is located within the Low Medium Density Residential (LMDR) District and the Residential Urban (RU) Future Land Use Plan category; 3. "That there are no active Code Enforcement violations associated with the subject property; and 4. That the request includes allowing a portion of the proposed accessory structure (pool and decking) to he located between the principal structure and right-of-way (Barrington Drive). Conclusion of Law: 1. That pursuant to CDC Section 3-201.B.4, the accessory structure is located behind the front edge of the principal structure. "This request is not consistent with this provision as a portion of the accessory structure (pool and decking) is to be located in front of the front edge of the principal structure. Pursuant to CDC Section 4-502.A, an appeal of a Level One (Flexible Standard Development) application decision may be initiated by the applicant within seven days of the date the development order is issued. The tiling of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on Friday, August 21, 2009. Should you have any questions, please do not hesitate to contact Matthew Jackson, Planner II at (727) 562-4836 or via e-mail at matth~~~-~~c1;_son;ic;m~-clearwater.c~~m. Sincerely, ~., -~ ~- Michael Delk, AICP Planning Director ..c r. _. ___. a._.. __ . __ r.. .. ._.. ~~ Clearwater June 12, 2007 Thomas War Evans 1932 Hastings Ln Clearwater, Fl 33763 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER.COM VIA FAQ: No Fax RE: FLS2007-04020 -- 1932 HASTINGS LN -- Letter of Completeness Dear Thomas War Evans : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FL52007-04020. After a preliminary review of the submitted documents, staff has determined that the application is coq lete• The Development Review Committee (DRC) will review the application for ~t~fflciencv on July O5, 2007, in the Planning Department conference room -Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 562-4567x2504 or Scott.Kurleman@myclearwater.com. 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