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FLS2003-12070 (4)r Planning Department 100 learwater, South Myrtle Avenue Clearwater, Florida 33756 C Aear?vater C ;.? Telephone: 727-562-4567 ??- Fax: 727-562-4865 ?( SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATIOD i `' G I N SUBMIT 13 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans SUBMIT APPLICATION FEE ? NOTE: 14 TOTAL SETS OF INFORMATION REQUIRED_ ? (APPLICATIONS PLUS SITE PLAN SETS) ??'LJ'1 FLEXIBLE DEVELOPMENT W'. CASE #: FLS yd0 3 - (2 b-7 G DATE RECEIVED: l2- O - O RECEIVED BY (staff initiais): S ATLAS PAGE #: Z4-2A ZONING DISTRICT: L_M!Dj& LAND USE CLASSIFICATION: f4-0 - ISURROUNDING USES OF ADJACENT PROPERTIES: I? EAST: APPLfm?yl?. ?EPARIATI= (I I r??EAR1lVATER Residential Infill Project (Revised f 1i05i02) PLEASE TYPE OR PRINT- A. APPLICANT/n, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: AL C 15 D /V f 1'?'fD 1M S D tit t,(. E2 / 6'-L L MAILING ADDRESS: X21 \ SAS 2?' N to PHONE NUMBER: FAX NUMBER:" V PROPERTY OWNER(S): ?? IV\ 1Z ` ?? 'g??/ (Must include ALL owners) AGENT NAME: N-1 A MAILING ADDRESS: PHONE NUMBER: / '? FAX NUMBER: CELL NUMBER: (0 39 ' ``1 ?S E-MAIL ADDRESS: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: LEGAL DESCRIPTION: -X?.C• ??e 1 wP's + oZ? Sov?}? k4dtz /T F. PARCEL NUMBER: 31ti ?ap? / 51 n9ML /i)DD/()0 7 0 PARCEL SIZE: "5e-e- suRVi'l (acres, square feet) PROPOSED USE(S) AND SIZE(S): Q LI& 5 X ", F O/r 5 (number of dwelling unfits, hotel rooms or square footage of nonresidential use) Al n Di/ DESCRIPTION OF REQUEST(S): 4,bjuF Se+ )a&A S?(Z? '?- !So, EijIn - V (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) -0 Page 1 of 7 - Flexible Development Residential Infill Application - City of Clearwater 0 r DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PR OUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) /SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) X Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 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 is located. 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 A/0. :7;;m ,4 sr T _&o 09&,C ?y r/ Jg-L diL ?? ?'Ulert?_ T2.Q.A?'1 Stt? ?`? l(t-iaL?e-?,? ilf24? .a u ??? C O rJ STiWe.-i-y nJ 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. © L C W 1 LL ©OJLAG Vv-, 41e -x:-' )41?, _ "o MO 2.y %. (A &116 G? l (; N t, ? ?I L !4 ? C ? J i ? o f_ A-r/ -vo 4. The proposed development is designed to minimize traffic congestion. /J14 7-'1 L 15 /U n T & %,;?-P unED? 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. ?s C'vg- w.ts o. r iv-D skl sl Zoxo- z) v?? e..? baA j G c.So Z d- 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. Ail Page 2 of 7 - Flexible Development Residential Infill Application - City of Clearwater 1. 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. r ?yoM? OUImelz T14 ic Vol, AWQpAVSI?rV?C'(n LJ PVT `JJV e.' S0 C uT Ano Z-) o e lc.ti? 5 s 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.) Ala =i (,-/ t ?L Q A) ( 4-^- Q fLO V sr 0 AD ?JT L 4 ./ J t jv GT'tA a (,Z Z, fa "T1 i£ LOT 1 v C -P F)CGeSS/'Vx F K O SSA D SQ P A ?1 n S A'C" 4C.R JFb 3. ^ The uses within the residential infill project are otherwise permitted in the City of Clearwater. (? 7U p?Lt1? + !}6 a u 7 Cy (? X41 (.u Pr 1' 1n/ & F'1 i t? r I S Q? %'r- R U--, , ? 1 > ire ??? 1 l So z Sk?_ U a? ? ?g OM:!?1 ? s , 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. N T 1? K c. s ea 2 awrvru B ssB? 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. ?--? 1 14&1, J A4nrr 1'p Lew, ( o cz+ t 1o C . IVa /ty oad a -F, ?>1 TI i r 4A a 4vo;r JA 74- 6. The design of the proposed residential infill project creates a form and function that enhances the community character of thAirifinediafe l- vicinity the pa el proposed for develop anchthe Pity of Cl arwater a whole. C f 6/ r f #V ?Ikc "44,41 . le 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. ./ Page 3 of 7 - Flexible Development Residential Infill Application - City of Clearwater 6 0 E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) - One original and 13 copies; 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); r ?X LOCATION MAP OF THE PROPERTY; ? 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; ? GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ? COPY OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint 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 private easements; Location of all street rights-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 interior 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 material; Location of all onsite and off site storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. 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 driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; 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. ? REDUCED SITE PLAN to scale (8 1/2 X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: - One-foot contours or spot elevations on site; - Offsite 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 arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 4 of 7 - Flexible Development Residential Infill Application - City of Clearwater • G. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) ? 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 Florida registered Professional Engineer on all plans and calculations ? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ? COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? 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 triangles; 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 dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior 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. ? REDUCED LANDSCAPE PLAN to scale (8'/z X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? 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. Tourist and Downtown Districts) or as ?a S part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. y? BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8'/2 X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'/z X 11) (color), if submitting Comprehensive Sign Program application. Page 5 of 7 - Flexible Development Residential Infill Application - City of Clearwater K. TRAFFIC IMPACT STUDY: (Section 4-801.C) ? Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip 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 requirement. 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 photograph the property described in this application. STATE OF FLORIDA, COUNTY OF PINELLAS /- ?Sw,?o,.rn to and subscribed before me this day De c&14 20 --2> to me and/or Fi who is personally known produced ?J identification. of by has as ee'? Signature of property owner or representative Notary puWiE" / _ .. My commissio a it AG $lE?tt144v?60 °c Notary PubBe, State of Florida _ My comm. expires July 26, 2007 No. DD 224 Page 6 of 7 - Flexible Development Residential Infill Application - City of Clearwater • 0 M. AFFIDAVIT TO AUTHORIZE AGENT: (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 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: 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 (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of personally appeared who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. Notary Public My Commission Expires: S:IPlanning DepartmentOpplication Formsldevelopment review12003 FORMSIresidential infill application 2003.doc Page 7 of 7 - Flexible Development Residential Infill Application - City of Clearwater NOTICE OF AD VALOREM TAXES & NON-AD VALOREM ASSESSMENTS PLEASE DETACH AND KEEP FOR YOUR RF ORDS W. FRED PETTY, CFC SEE REVERSE SIDE FOR INSTRUCTIONA AD VALOREM TAXES ! TAX COLLECTOR, PINELLAS COUNTY 1997 REAL ESTATE TAX NOTICE/RECEIPT FOR PINELLAS COUNTY RE 433387-0 PAY IN U.S. FUNDS TO TAX COLLECTOR, PINELLAS COUNTY- P.O. BOX 1729 • CLEARWATER, FL 33757-1729 • 813 464-3383 IF NOV. 30 DEC. 31 JAN. 31 FEB. 28 MAR. 31 POSTMARKED 1,939.27 1,959.47 1,979.67 1,999.87 2,020.07 BY: 605 CW 22.8256 COUNTY-AGGREGATE 6.2510 553.21 parl-Altil • • • SCHOOL-STATE LAW 6.4510 570.91 88,500 0 88,500 SCHOOL-LOCAL BD. 2.6820 237.36 CITY 5.1158 452.75 w SW FLA WTR MGMT. .4220 37.35 0 PARCEL NO: 36 /28/15/84975/000/0070 PINELLAS ANCLOTE .4010 35.49 0 O SITE ADDR: 22 71 SPRINGRAIN DR PIN.CO.PLN.CNCL. .0214 1.89 r z JUV. WELFARE BD. .8117 7184 . D H THOMPSON, ALL ISON V. SUNCST. TR.AUTH. .6697 59 .27 U 2271 SPRINGRA IN DR z "DCLEARWATER FL 33763-2262 O C ? o C7 m NON-AD VALOREM ASSESSMENTS LEVYING AUTHORITY RATE AMOUNT w o 1J31VWV310 AO AdlO o 1N3Wl8dd3a JNINNtfld z ? n ?ooz 9z 330 C) y z ? - o A 3 ® o m SEQ.#: 68349 NOTICE OF AD VALOREM TAXES & NON-AD VALOREM ASSESSMENTS 1997 REAL ESTATE TAX NOTICE/RECEIPT FOR PINELLAS COUNTY RE 43387-0 PAY IN U.S. FUNDS TO TAX COLLECTOR, PINELLAS COUNTY- P.O. BOX 1729 - CLEARWATER, FL 33757-1729 • 813 464-3383 IF NOV. 30 DEC. 31 JAN. 31 FEB. 28 MAR. 31 F STMARKED 1,939.27 1,959.47 1,979.67 1,999.87 2,020.07 BY: 605 CW 22.8256 SITE ADDR: 2271 SPRINGRAIN DR c C EXEMPTIONS PARCEL NO: 36/28/15/84975/000/0070 88,500 0 88,500 n **********5-DIGIT 33763 THOMPSON, ALLISON V. m PLAT 090 PAGE 091 - 094 2271 SPRINGRAIN DR z SPRING LAKE OF CLEARWATER CLEARWATER FL 33763-2262 LOT 7 n m THIS IS A DUPLICATE STATEMENT ABOUT YOUR ASSESSMENT AND TAX. YOUR TAX BILL HAS BEEN SENT TO YOUR ESCROW AGENT FOR PAYMENT. SEE REVERSE SIDE FOR IMPORTANT INFORMATION. ? IMPORTANT - PLEASE READ ? INSTRUCTIONS AND INFORMATION THIS IS A STATEMENT. It is for information only about your taxes covered by the description on the reverse side. Your tax bill was sent to your escrow agent for payment. If you do not have an escrow account on this property or if it is your responsibility to pay your taxes directly to the Tax Collector, please return this notice with your remittance. The law provides the following schedule of discounts: (These discounts do not apply to the installment plan.) 4% in November 3% in December 2% in January 1 % in February Taxes are due November 1 and become delinquent April 1 at which time the law imposes interest plus advertising charges. INFORMATION ONLY: Pursuant to Section 501.137, F.S., all lenders of money, whose loans are secured by mortgages on real estate and who collect funds incidental thereto for the payment of property taxes, shall promptly pay taxes when said taxes become due and adequate escrow funds are deposited so that the maximum discount available may be obtained. If the escrow account for said taxes is deficient, the lender shall notify the depositor within fifteen (15) days after the lender receives notification of taxes due from the County Tax Collector. LONG RANGE PLANNING DEVELOPMENT REVIEW 0- .0 CITY OF CLEARWATER PLANNING 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 May 5, 2004 Mr. Eric Held 2271 Springrain Drive Clearwater, FL 33763 RE: Development Order - Case FLS2003-12070 at 2271 Springrain Drive. Dear Mr. Held: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On January 29, 2004, the Development Review Committee reviewed your Flexible Standard Development application to permit a reduction to the rear (east) accessory setback from 10 feet to zero feet (to decking) for an existing wooden deck as a Residential Infill Project under the provisions of Section 2-203.C. The Development Review Committee (DRC) gave a time extension of 90 days from the date of the DRC hearing. As of April 28, 2004 the 90 day extension has since expired and the Development Review Committee DENIED the application on the following bases: Bases for Denial: 1. The proposal is not in compliance with the Residential Infill Project criteria, per Section 2- 203.C; 2. The proposal does not comply with the General Applicability criteria, under Section 3-913; and 3. The existing decking was not permitted and is in violation of the five-foot easement dedication recorded on the Spring Lake subdivision plat. Additionally, an appeal of a Level One denial (Flexible Standard Development) may be initiated pursuant to Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of this Development Order. The filing 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 May 19, 2004 (14 days from the date of this Development Order). If you have any questions, please do not hesitate to call Bryan Berry, Planner at 727-562-4553. You can access zoning information for parcels within the City through our website: www.clearwater-fl.com. BRIAN.). AUNGST, MAYOR4:0MMISSIONER HOPI [IAMICION, VICE MAYOR-COMMISSIONER WHITNEYGRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER ® BILI.JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AI-'PIRMAl7VII ACTION EMPLOYI?It 0 0 May 5, 2004 Held - Page Two Very truly yours, Cynthia Tarapani, AICP Planning Director S.IPlanning DepartmentlC D BlStandard FlexlPending Cases12 -Reviewed and PendinglSpringrain Dr. 2171- ThompsonlSpringrain Dr. 2271 Development Order.doc 0 0 DRC Meeting Date: January 29, 2004 Case Number: FLS2003-12070 Applicant: Mr. Eric Held Address: 2271 Springrain Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Standard Development to permit a reduction to the rear (east) accessory setback from 10 feet to zero feet (to decking) for an existing wooden deck as a Residential Infill Project under the provisions of Section 2-203.C. EXISTING ZONING/ LAND USE: Low Medium Density Residential (LMDR) District / Residential Urban Classification, (RU) PROPERTY SIZE: 0.118-acres; 5,265 square feet PROPERTY USE: Current Use: Single-Family residential with wooden deck Proposed Use: Single-Family residential with wooden deck ADJACENT/ZONING LAND USES: North: Low Medium Density Residential District / Single-family residential West: Low Medium Density Residential District / Single-family residential East: Water South: Low Medium Density Residential District / Single-family residential CHARACTER OF THE IMMEDIATE VICINITY: Single-family dwellings dominate the immediate vicinity. ANALYSIS: Site Location and Existing Conditions: The 0.118-acre site is located on the east side of Springrain Drive, approximately 200 feet south of Virginia Street. The lot is located within the larger Spring Lake subdivision plat and abuts Spring Lake along the rear (east) property line. The parcel contains an existing two-story, single-family dwelling that is approximately 1,802 square feet. The City Commission approved the Spring Lake subdivision plat on December 20, 1984. With the adoption of a new Community Development Code in 1999, many of the homes S: (Planning DeparimentlC D BIAPPEALSISpringrain Dr. 1271 Thompson, Allison - Denie&5pringrain Dr. Staff Report.doc- Page 1 0 0 throughout the Spring Lake subdivision are legally nonconforming regarding the current minimum development standards in the Low Medium Density Residential (LMDR) District. The applicant provided a survey of the property dated October 10, 2003, revealing existing site conditions. The survey shows the lot was platted with the front property line extending to the centerline of the private street right of way. Because the current Community Development Code measures setbacks to pavement, the parcel is legally nonconforming with regards to the 25-foot front setback required in the LMDR District. According to the survey, the existing single-family home is set 1.98 feet off of the side (south) property line where the LMDR zoning requires a minimum five foot side setback. The parcel has a Future Land Use Plan of Residential Urban, (RU), which allows for an Impervious Surface Ratio of 0.65. The existing ISR for the site is approximately 0.79. Located on the rear (east) property line is a large wooden deck. The deck extends seven feet over the property line at the southeastern portion of the property and two feet over the property line at the northeastern portion of the property. The applicant stated soil was brought in and used to fill in the seven-foot grade change along the rear (east) property line to the waters edge. The wooden deck was constructed atop this fill without a permit. Proposal: The applicant is seeking Flexible Standard Development approval of the wooden deck due to an active Community Development Code case for construction without a permit. Decking is considered an accessory structure and permitted at a 10-foot rear setback from property line. Because the applicant has constructed decking that extends beyond the rear (east) property line, the application has been processed as a Residential Infill Project. This allows for a flexibility of zero to 15 feet along a rear property setback. Located in the Spring Lake plat dedication is "a non-exclusive easement between adjacent dwelling units and residential lots, and any portion of portions of the common areas adjacent to the property not to exceed five (5) feet, for any encroachment due to placement, settling or shifting of the improvements constructed or altered upon any residential lot including but not limited to roof overhangs, gutters, downspouts, perimeter walls or footers. Any such easement for encroachment shall include an easement for the maintenance and use of the encroaching improvements in favor of the owner of the improvement, Spring Lake Associations, Inc., and their respective successors, assigns, employees, and agents. No such easement for encroachment shall exist for any such encroachment occurring as a result of the willful or intentional conduct of an owner of a residential lot." The properties abutting Spring Lake were graded to drain towards the water (common area) or rear (east) property lines. The five-foot easement dedication on the plat was to restrict development from occurring within this area to ensure the lake bank stabilization and proper stormwater runoff. The City stormwater and environmental departments recommended denial of the application because the existing deck extends beyond the rear (east) property line and into the Lake ecosystem resulting in a loss of habitat for submerged species. The Planning Department also does not S: (Planning DepartmentlC D BIAPPEALSISpringrain Dr. 2271 Thompson, Allison - DeniedISpringrain Dr. Staff Report.doc- Page 2 • • support the request for approval of non-permitted construction that is non-conforming to the neighboring rear waterfront setbacks and the Spring Lake plat non-exclusive easement dedication. CODE ENFORCEMENT ANALYSIS: There is an active code case CDC2003-02188 for having used fill to build a retaining wall on Spring Lake and erect a wood decking extending over the rear (east) property line with no permit. STANDARDS AND CRITERIA FOR LOW MEDIUM DENSITY RESIDENTIAL (Section 2-201.1): STANDARD REQUIRED/ EXISTING PROPOSED CONSISTENT INCONSISTENT PERMITTED MAXIMUM Five dwelling One dwelling One dwelling [X] [] DENSITY units per acre unit unit IMPERVIOUS 0.65 0.79 0.79 [] [X]* SURFACE RATIO ISR LOT AREA 5,000 square 5,265 feet 5,265 feet [X] [] minimum feet LOT WIDTH 50 feet 45 feet 45 feet [] [X]* minimum FRONT 25 feet Zero feet to Zero feet to [] 1X1* SETBACK pavement pavement REAR 15 feet Zero feet Zero feet [ ] IX]* SETBACK SIDE 7.5 feet 1.9 feet to 1.9 feet to [ ] [X]* SETBACK building building 0.08 feet to 0.08 feet to decking decking HEIGHT 30 feet 26 feet 26 feet [X] [] maximum PARKING 2/unit Two two [X] [] SPACES * See staff analysis FLEXIBILITY CRITERIA FOR RESIDENTIAL INFILL PROJECTS: (Section 2-203.C): Consistent Inconsistent 1. 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 [X] [X] for development is otherwise impractical without deviations from the intensity and other development standards; 3. The development of the parcel proposed for development as [ ] [X] * S: (Planning DepartmentlC D BIAPPEALSISpringrain Dr. 2271 Thompson, Allison - Denie&5pringrain Dr. Staff Report.doc- Page 3 • 0 a residential infill redevelopment project will not materially reduce the fair market value of abutting properties; 4. The uses within the residential infill project are otherwise [X] permitted in the district; 5. The uses within the residential infill project are compatible [ ] with adjacent land uses; 6. The development of the parcel proposed for development as [ ] a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; 7. 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; 8. Flexibility in regard to lot width, required setbacks, height, [ ] off-street parking access or other development standards are justified by the benefits to the community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. * See Staff Analysis [X] [X] [X] [X] GENERAL STANDARDS (Section 3-913): Consistent Inconsistent 1. Development of the land will be in harmony with the [ ] [X] scale, bulk, coverage, density and character of adjacent properties. 2. Development will not hinder or discourage [ ] [X] development and use of adjacent land and buildings or significantly impair the value thereof. 3. Development will not adversely affect the health or [X] [ ] safety of persons residing or working in the neighborhood. 4. Development is designed to minimize traffic [X] [ ] congestion. 5. Development is consistent with the community [ ] [X] character of the immediate vicinity. S.•IPlanning DepartmentlCD BUPPEALSISpringrain Dr. 1171 Thompson, Allison - DeniedlSpringrain Dr. Staff Report.doc- Page 4 • • 6. Design of the proposed development minimizes [X] [ adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on January 29, 2004. The Planning Department recommends DENIAL of the Flexible Standard Development application to permit a reduction to the rear (east) accessory setback from 10 feet to zero feet (to decking) for an existing wooden deck as a Residential Infill Project under the provisions of Section 2-203.C., for the site at 2271 Springrain Drive Isle on the following bases. Bases for Denial: 1. The proposal does not comply with the Flexible Standard Development criteria from Residential Infill Projects per Section 2-203.C. 2. The proposal is not in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The wooden decking was never permitted for construction. 4. The wooden decking is not permitted according to the Spring Lake plat dedication requirement for a five (5) foot easement along all adjacent property lines and common area. Prepared by: Planning Department Staff: I&MaN41,-x, Bryan S. rry, Planner II S.•IPlanning DepartmentlC D BIAPPEALSISpringrain Dr. 2271 Thompson, Allison - Denie&Springrain Dr. StaffReport.doc- Page 5 0 0 January 23, 2004 Mr. Allison and Eric Held, The following are comments generated from the preliminary Development Review Committee on January 29, 2004. Please be prepared to address these and any other comments generated at the scheduled Development Review Meeting for 2271 Springrain Drive on Thursday, January the 29th of 2004 at 10:40. The city requests that yourself or a representative be present for the Development Review Meeting at 100 South Myrtle Avenue in Clearwater, FL on the second floor of the Municipal Services building. Please call and verify your time with Sherrie Nicodemus at 562-4582. I look forward to meeting with you. The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No Comments 2. Stormwater• a) Proposed work is off site and in a wetlands area. Recommend denial of application. 3. Traffic Engineering: a) No Comments 4. General Engineering: a) Deck to be removed from adjacent property. 5. Planning: a) Under the Spring Lake. Plat dedication an easement of five feet is required between adjacent dwelling units and residential lots, and any portion or portions of the common areas adjacent thereto. The dock encroaches within the five-foot easement required by plat. The request would not have been supported before construction and will not be supported as existing. b) Need the Department of Environmental Protection to approve. c) Need to provide the amount of impervious surface located on property. It cannot be over .65 percent impervious. 6. Solid Waste: a) No Comments 7. Land Resources: a) No Comments 8. Fire: a) No Comments 9. Environmental: a) The environmental division does not support illegal activities involving filling in wetland areas and/or any activity where the result is loss of habitat for submerged species. I recommend that this application be denied. 10. Community Response: a) 11. Landseapin2: a). No Comments NOTES Sincerely, Bryan Berry Planner 0 Cc: Stephen Watts CHAPTER 18-14 ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTSTHEREOF 18-14.001 Definitions. 18-14.002 Determination of Fines. 18-14.003 Violations. 18-14.004 Applicability. 18-14.005 Imposition and Collection of Fines. 18-14.001 Definitions. As used in this rule chapter: (1) "Board" means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund. (2) "Department" means the Department of Environmental Protection. (3) "Fine" means a monetary assessment imposed on a person or the agent of a person who willfully damages state lands, willfully damages or removes products of state lands in violation of state or federal law, or knowingly refuses to comply with or willfully violates Chapter 253, F.S. (4) "Offense" means each day during any portion of which a violation of Chapter 253, F.S., and this rule occurs. (5) "Person" means individuals, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations; and a political subdivision of the state. (6) "Products" means, without limitation, indigenous, planted or exotic trees and other vegetation, or portions thereof, peat; solid minerals, phosphate, or limestone; oil or gas; metals; or other inorganic material, such as sand or gravel. For purposes of this rule, animal wildlife within the jurisdiction of the Florida Game and Fresh Water Fish Commission and seashells shall not be considered products of state lands. (7) "State land" means that land, title to which is vested in the Board pursuant to Section 253.03, F.S. Specific Authority 253.04(2) FS. Law Implemented 253.04 FS. History-New 7-7-85, Formerly 16Q-14.01, Transferred from 16Q-14.001. 18-14.002 Determination of Fines. (1) A person or agent of a person who willfully damages state land, willfully damages or removes products from state land in violation of state or federal law, or knowingly refuses to comply with or willfully violates the provisions of Chapter 253, F.S., shall also be in violation of this rule and shall incur a fine up to $10,000 per offense. (2) When determining the amount of a fine to be imposed, the Board shall consider: (a) The value of products removed from state land; (b) The diminished value of state land or products, or the cost of restoring the affected state land or products; (c) Lost revenue from impaired use of the affected state land; (d) The need to deter future violations by removing any economic benefits to the violator from failure to comply with the law; (e) Aggravating or mitigating circumstances specific to the violation, including the nature and extent of the violation, a violator's degree of cooperation in correcting the violation and a violator's good faith efforts to negotiate a settlement before formal legal proceedings begin; and (f) Lost or impaired opportunities for public use of the affected state land. (3) Payment of all or part of a fine may be waived when purposes of the law and this rule are not frustrated, and when fairness would result. (4) Fines imposed pursuant to this rule shall be: (a) $142,500 for the first offense; and (b) $1,000-$10,000 for the second or subsequent offenses. (c) Fines for first offenses may exceed $2,500 upon approval by the Board. Specific Authority 253.04(2) FS. Law Implemented 253.04 FS. History-New 7-7-85, Formerly 16Q-14.02, Transferred from 16Q-14.002. 18-14.003 Violations. It shall be a violation of this rule for any person or the agent of any person to knowingly refuse to comply with any provision of Chapter 253, F.S., willfully violate any provision of Chapter 253, F.S., or to willfully damage state land (the ownership or boundaries of which have been established by the state) or products thereof, by doing any of the following: (1) Fill, excavate, or dredge, including prop dredging in a manner which produces a defined channel, on state land without the lease, license, easement or other form of consent required by the Board. (2) Remove, in violation of state or federal law, any product from state land without written approval or specific exemption from the Board or Department. (3) Discharge contaminants, wastes, effluents, sewage or any other pollutant as defined in Chapter 376 or Chapter 403, F.S., on, under or over state land; when such discharge is in violation of Chapter 403 or conditions of a permit issued pursuant to that chapter, or conditions of a lease or easement issued pursuant to Chapter 253, F.S. - 36 s • (4) Maintain, place or build permanent or temporary structures, including, but not limited to, additions to existing structures; all structures whose use is not water-dependent; sanitary septic systems; fences, docks and pilings; houses; oil rigs; and utility installations on or over state land without consent or authority from the Board or Department. (5) Place garbage, refuse, or debris on or over state land without approval by the Board or Department. (6) Any other willful act that causes damage to state land, or products thereof, when such activity occurs without the required approval by the Board or Department. Specific Authority 253.04(2) FS. Law Implemented 253.04 FS. History-New 7-7-85, Formerly 16Q-14.03, Transferred from 16Q-14.003. 18-14.004 Applicability. For purposes of imposing a fine pursuant to this rule chapter, an activity conducted on state lands shall not be considered a violation of Chapter 253, F.S., or this rule chapter, when the activity is authorized by and conducted according to a management plan, easement, consent of use, license, or lease approved by the Board or by an authorized agent of the Board who has been expressly delegated the authority to approve such management plan, easement, consent of use, license or lease. Specific Authority 253.04(2) FS. Law Implemented 253.04 FS. History-New 7-7-85, Formerly 16Q-14.04, Transferred from 16Q-14.004. 18-14.005 Imposition and Collection of Fines. Fines shall be imposed and collected by the Board pursuant to Section 253.04(2) and Chapter 120, F.S. Nothing in this rule chapter shall be construed to preclude the Board from bringing suits or taking action as is otherwise lawfully authorized against any person or the agent of any person who has been found to have damaged state land or products thereof; provided, however, that any administrative fines imposed pursuant to this rule chapter shall be in lieu of monetary damages authorized pursuant to Section 253.04, F.S., for the same offense. (1) Before any fine can be imposed, the Secretary of the Department or the appropriate Director of District Management shall issue a notice of violation to suspected and known violators giving notice of the violation and specifying the violator's rights under Chapter 120, F.S. Such notice shall be served on the violator by actual delivery; by service of process in accordance with Florida Rules of Civil Procedure; or by certified mail, return receipt requested; and shall identify the provision of law or rule alleged to have been violated. The notice of violation shall include a brief statement of the facts constituting the alleged violation and the basis for the claim that the land affected by the alleged violation is owned by the state. (2) The notice shall demand that the violation cease immediately, and that the violator take reasonable corrective measures within 20 days. The notice shall state that if a violation is not stopped immediately and corrected within 20 days or at a later time agreed to by the Department and the violator, a fine shall be considered imposed. (3) Upon imposition of a fine, the Secretary of the Department shall issue a certified letter to the violator demanding payment to the Internal Improvement Trust Fund within 15 days of receipt. If payment is not received by the Department within such 15 day period or at a later time agreed to by the Department and the violator, the fine shall become a lien upon the real and personal property of the violator, enforceable by the Department as a statutory lien pursuant to Chapter 85, F.S. (4) Unless a request for an administrative hearing pursuant to Section 120.57, F.S., is filed (received by the Department's clerk) within 20 days after service of the notice, the notice of violation, and the allegations contained therein, shall become binding and final, and the right to an administrative hearing shall be deemed waived. (5) Upon notice of violation, if any person or agent of any person ceases the activity alleged to be in violation of this rule and Chapter 253, F.S.; makes application to the Department for the required form of consent to use the state land at issue; and agrees to remove any structure or fill in violation, or to restore any excavation or dredging in violation; then the Secretary of the Department shall have the authority to fix, impose and collect a fine not to exceed $2,500 per offense. Specific Authority 253.04(2) FS. Law Implemented 253.04 FS. History-New 7-7-85, Formerly 16Q-14.05, Transferred from 16Q-14.005. - 37 Page 1 of 1 Schodtler, John From: Barker, Brian A. Sent: Wednesday, December 10, 2003 11:19 AM To: Schodtler, John , Cc: Carrier, Al Subject: RE: 2271 Springrain Dr. John, as we discussed ....................Spring Lake is owned by the homeowner's association. The City does not have any maintenance rights to the lake. When the subdivision was constructed, a SWFWMD permit should have been obtained by the developer. Now that it is a single family residence issue, the Florida Department of Environmental Protection (FDEP) would regulate and enforce environmental issues relating to the specific lot. Stormwater's issue would be that an FDEP permit would be necessary in order to "fill in" a portion of the lake to construct improvements. -----Original Message----- From: Schodtler, John Sent: Wednesday, December 10, 2003 11:02 AM To: Barker, Brian A. Subject: 2271 Springrain Dr. Brian, This is the property owner that built a seawall and backfilled two dumptruck loads of fill in behind it. Does stormwater have any issues with this? John 12/10/2003 • 3 , m e-*? ?? ? X51 0 40 2, 7 ??M V ? '0 . ZDr, i bSSSEELLZL 14 WNl ]Hinos Lb s T i *OOZ 82 uer SFr, ?b ?uo? SURVEY ABBREVIA11ONS A = ARC LENGTH A/C = AIR CONDITIONER AF = ALUMINUM FENCE ALUM = ALUMINUM ASPH = ASPHALT BFE = BASE FLOOD ELEVATION BLDG = BUILDING BIX = BLOCK BM = BENCH MARK BNOY = BOUNDARY BRG - BEARING BWF = BARBED WIRE FENCE C = CALCULATED CO = CHORD BEARING CBS - CONCRETE BLOCK STRUCTURE CHD = CHORD CL = CENTERLINE CLF = CHAIN LINK FENCE C.OS = CLOSURE COL = COLUMN CONC = CONCRETE CR = COUNTY ROAD C/S = CONCRETE SLAB COR = CORNER COV = COVERED AREA D = DEED DOT = DEPARTMENT OF TRANSPORTATION ORNG DRAINAGE D/W = DRIVEWAY EL OR ELEV = ELEVATION EDP = EDGE OF PAVEMENT EOW - EDGE OF WATER ESM'T = EASEMENT FCM = FOUND CONCRETE MONUMENT FES - FLARED END SECTION HP = FOUND IRON PIPE FIR = . FOUND IRON ROD FL = FLOW LINE FLD = FIELD FND = FOUND FOP = FOUND OPEN PIPE FPC = FLORIDA POWER CORP. FPP - FOUND PINCHED PIPE FRM = FRAME FZL = FLOOD ZONE LINE GAR = GARAGE G/E = GLASS ENCLOSURE HWF HOG WIRE FENCE HWL = HIGH WATER LINE INV = INVERT LB = LAND SURVEYING BUSINESS LFE = LOWEST FLOOR ELEV LHSM - LOWEST HORIZONTAL SUPPORTING MEMBER LS = LAND SURVEYOR M = MEASURED MAS - MASONRY MES = MITERED END SECTION MH - MANHOLE MHWL - MEAN HIGH WATER LINE MSL - MEAN SEA LEVEL NAB = NAIL AND BOTTLE CAP N&D = NAIL AND DISK N&T = NAIL AND TAB NGVD = NATIONAL GEODETIC VERTICAL DATUM NO = NUMBER 0/A = OVERALL OHW = OVERHEAD WIRE(S) OR = OFFICIAL RECORDS 0/S = OFFSET P = PLAT PB = PLAT BOOK PC = POINT OF CURVE PCC = POINT OF COMPOUND CURVE PCP - PERMANENT CONTROL POINT PG - PAGE PK = PARKER KALON PL - PROPERTY LINE POB - POINT OF BEGINNING POC = POINT OF COMMENCEMENT POL = POINT ON LINE PP = POWER POLE PRC = POINT OF REVERS: CURVATURE PRM = PERMANENT REFERENCE MONUMENT ELAjq1'X±G DEPARTMENT CITY OF CLEARWATER PROP = PROPERTY PSM = PROFESSIONAL SURVEYOR & MAPPER PT = POINT OF TANGENCY PVM'T = PAVEMENT RAD = RADIUS R = RECORD REF = REFERENCE RES = RESIDENCE RL = RADIAL LINE RLS = REGISTERED LAND SURVEYOR RNO = ROUND RNG = RANGE RRS = RAIL ROAD SPIKE R/W = RIGHT-OF-WAY SCM = SET CONCRETE MONUMENT S/E = SCREENED ENCLOSURE SEC - SECTION SET NAD = SET NAIL AND DISK RLS# 2512 SIR = SET 1/Y IRON ROD RLS# 2512 SO = SQUARE SRF = SPLIT RAIL FENCE SR = STATE ROAD STY = STORY SUB = SUBDIVISION S/W = SIDEWALK TB = 'T' BAR TBM = TEMPORARY BENCH MARK TC = TOP OF CURB TOB = TOP OF BANK TOS = TOE OF SLOPE TRANS - TRANSFORMER TWP - TOWNSHIP TYP = TYPICAL UG = UNDERGROUND UTIL = UTILITY WD = WOOD WF = WOOD FENCE WIF = WROUGHT IRON FENCE WIT = WITNESS WRF = WIRE FENCE WV = WATER VALVE ABBREVIATIONS MAY ALSO BE CONCATENATED AS REQUIRED. OTHER COMMONLY RECOGNIZED AND/OR ACCEPTED ABBREVIATIONS ARE ALSO UTILIZED BUT NOT SPECIFIED HEREON. GENERAL NOTES 1. UNLESS OTHERWISE STATED, THE PROPERTY DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE CLIENT, OR CLIENT'S DESIGNATED AGENT. 2 UNDERGROUND IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO BUILDING FOUNDATIONS, HAVE NOT BEEN LOCATED EXCEPT AS SHOWN HEREON. 3. INACCESSIBLE ABOVE GROUND IMPROVEMENTS (E.G. BUILDING OVERHANGS, THOSE WITHIN SECURED AREAS, ETC.), HAVE NOT BEEN LOCATED EXCEPT AS SHOWN HEREON. 4. UNLESS OTHERWISE STATED, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH AND MAY BE SUBJECT TO ADDITIONAL EASEMENTS, RIGHT-OF-WAYS, AND OTHER MATTERS OF RECORD. 5. THERE ARE NO VISIBLE ENCROACHMENTS, EXCEPT AS SHOWN HEREON. 6. BECAUSE OF THE POSSIBILITY OF MOVEMENT OF THE MONUMENTATION FROM ITS ORIGINAL PLACEMENT BY PERSONS OTHER THAN THE SURVEYOR, IT IS RECOMMENDED THAT PRIOR TO ANY NEW IMPROVEMENTS ON THE PROPERTY THE POSITION OF THE MONUMENTATION BE VERIFIED. 7. UNAUTHORIZED COPIES AND/OR REPRODUCTIONS VIA ANY MEDIUM OF THIS DOCUMENT OR ANY PORTIONS THEREOF ARE EXPRESSLY PROHIBITED WITHOUT THE SIGNING SURVEYOR'S WRITTEN CONSENT. 8. BASIS OF BEARINGS IS PLAT, UNLESS OTHERWISE SHOWN OR STATED. 9. ALL BUILDING TIES, PROPERTY MARKER LOCATIONS AND OTHER SITE IMPROVEMENT LOCATIONS SHOWN HEREON ARE MEASURED PERPENDICULAR TO ADJACENT BOUNDARY LINES, UNLESS OTHERWISE STATED. 10. FLOOD ZONE DESIGNATION AND/OR FLOOD ZONE LINES (IF ANY) SHOWN HEREON HAVE BEEN SCALED FROM THE REFERENCED MAP AND ARE APPROXIMATE THE TRUE FLOOD ZONE LINES MUST BE DETERMINED BY AN ENGNEER. 11. THIS SURVEY DOES NOT DETERMINE OR IMPLY OWNERSHIP. 12 THERE MAY BE ADDITIONAL RESTRICTIONS, EASEMENTS OR OTHER MATTERS OF RECORD THAT AR" NOT SHOWN HEREON THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. NOTE THIS SURVEYOR'S REPORT IS NOT COMPLET SURVEYOR'S REPORT GEORGE A. SHIMP II AND ASSOCIATES, INCORPORATED PEPArl t' Z7? Ahf 5496 SAY (M) Aff-MSS E OR VAUD UNLESS AT'? GEORGE A IMP i "'OR No. 2512 DWAYNE A. RUTH No. 5635 o3b??S" .,?--03 JOB NUMBER DATE 1) ; !.-• . O 0 0 LONG RANGE PLANNING DEVELOPMENT REVIEW CITY OF C LEARWAT E R PLANNING 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 January 06, 2004 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 2271 SPRINGRAIN DRIVE (FLS2003-12070) To Surrounding Property Owners: As a property owner within 200 feet of 3401 Braeside Place, the. City of Clearwater Planning Department gives notice that an application for Flexible Standard Development has been filed for that property. The request is to permit a reduction to the rear (east) accessory setback from 10 feet to zero feet (decking) to property line for an existing wooden deck as a Residential Infill. Project under the provisions of Section 2- 203.C. On January 29, 2004, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determination, the Planning Director will issue a Development Order approving, approving with conditions or denying the application. The earliest date that the City will make a decision on the application will be January 29, 2004. The City encourages you to participate in the review process of this application.. You may phone me at 727-562-4539 for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting (January 29, 2004). An appeal must be. filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. Please do not hesitate to contact me should you have any questions. You may access our Planning Department through the City's website:. www.clearwater-fl.com or my direct email address at bryan.bM(a)myclearwater.com Sincerely, Bryan Berry Planner EA\Planning Department\C D B\Standard Flex\Pending Cases\3 - Up for the Next D]10Springrain Dr. 2271 - Thottrpson\Springrain Dr. 2271 Notification Letter Form.doc BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER ® BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMKnvE ACTION EMPLOYER" • DEC 2 S 2003 - ORI & DEVELOPMENT SVC? INA ??? CIN OF CLEAR ER FLS2003=12070 2271 SPRINGRAIN DR Date Received: 12/26/2003 THOMPSON, ALLISON & ERIC HELD ZONING DISTRICT: LMDR LAND USE: RU ATLAS PAGE: 242A go& CLW CoverSheet LL 0 Clearwater U i :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: ??E'D1 VV?k"[Ts FAX: Phone: SC?2-?S3 . DATE: 23 Zoo SUBJECT: F1,62.003- jZ15"70 (2277( S fvu"? v,4 V44VE MESSAGE: TC e 411, ?M1ti.1° ?S Q ve ?b cr? AAr. S fi?a t?? ??- L ( tir k e a (1 Gt 'd 4?ta ke's +ke C (-?1 ?Rhh tvt "{a rt... Ce!ki SC Gs?h Yee- 09n 4'ti a t,??s- E?dk s c -tom et 6vve. y. ?w• bcri... `[-L?.el..l? v . NUMBER OF PAGES(INCLUDING THIS PAGE) 3 RANSMISSION VERIFICATION REPOR # :p TIME 01/23/2004 11:01 NAME PLAN FAX 7275624576 TEL 7275624567 DATE,TIME 01/23 10:59 FAX, N0./NAME 94418049 DURATION 00:01:22 PAGE(S) 03 RESULT OK MODE STANDARD ECM 0 0 January 23, 2004 Mr. Allison and Eric Held, The following are comments generated from the preliminary Development Review Committee on January 29, 2004. Please be prepared to address these and any other comments generated at the scheduled Development Review Meeting for 2271 Springrain Drive on Thursday, January the 29th of 2004 at 10:40. The city requests that yourself or a representative be present for the Development Review Meeting at 100 South Myrtle Avenue in Clearwater, FL on the second floor of the Municipal Services building. Please call and verify your time with Sherrie Nicodemus at 562-4582. I look forward to meeting with you. The DRC reviewed this application with the following comments:. 1. Parks and Recreation: a) No Comments 2. Stormwater: a) Proposed work is off site and in a wetlands area. Recommend denial of application. 3. Traffic Engineering: a) No Comments 4. General Engineering: a) Deck to be removed from adjacent property. 5. Planning: a) Under the Spring Lake Plat dedication an easement of five feet is required between adjacent dwelling units and residential lots, and any portion or portions of the common areas adjacent thereto. The dock encroaches within the five-foot easement required by plat. The request would not have been supported before construction and will not be supported as existing. b) Need the Department of Environmental Protection to approve. c) Need to provide the amount of impervious surface located on property. It cannot be over .65 percent impervious. 6. Solid Waste: a) No Comments 7. Land Resources: a) No Comments 8. Fire a) No Comments 9. Environmental: a) The environmental division does not support illegal activities involving filling in wetland areas and/or any activity where the result is loss of habitat for submerged species. I recommend that this application be denied. • 10. Community Response: a) 11. Landscaping: a) No Comments NOTES Sincerely, Bryan Berry Planner • Cc: Stephen Watts Community Response Team Planning Dept. Cases - DRC Case No. FLS2003-12070 Meeting Date: 01129/2004 Location: 2271 Springrain Drive ? Current Use: SFR ? Active Code Enforcement Case (no) yes: No o Address number (yes) o Landscaping (yes) ? Overgrown (no) ? Debris (no) ? Inoperative vehicle(s) (no) ? Building(s) (good) o Fencing (good) ? Paint (good) o Grass Parking (no) ? Residential Parking Violations (no) ? Signage (none) ? Parking (n/a) ? Dumpster (n/a) ? Outdoor storage (no) Comments/Status Report (attach any pertinent documents): None Date:_ 1/8/2004 Telephone: Revised 03-29-01; 02-04-03 Reviewed by:. LONG RANGE PLANNING DEVELOPMENT REVIEW CITY OF CLEARWATER PLANNING 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 January 6, 2004 Mr. Eric and Ms. Allison Thompson 2271 Springrain Drive Clearwater, FL 33760 RE: Flexible Standard Development to permit a reduction to. the rear (east) accessory setback from 10 feet to zero feet (to decking) for an existing wooden deck as a Residential Infill Project under the provisions of Section 2-203.C. Dear Mr. Eric and Ms. Allison Thompson: The Planning staff has reviewed your application (FLS2003-12070) to permit a reduction to the rear (east) accessory setback from 10 feet to zero feet (to decking) for an existing wooden deck as a Residential Infill Project under the provisions of Section 2-203.C. After a preliminary review of the submitted documents, staff has determined that the application is complete but with the following insufficiencies. 1.. Please provide the total amount of Impervious Surface for the lot. 2. Provide documentation by the Homeowners Association of approval.. 3. Provide a Department of Environmental Protection Permit for existing work. The Development Review Committee (DRC) will review the application for total sufficiency on January 29, 2004 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. Please call Sherrie Nicodemus, Administrative Analyst at 727.562.4582 no earlier than 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 committee may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4539. Sincerely yours, Bryan Be Planner EA\Planning Department\C D B\Standard Flex\Pending Cases\3 - Up for the Next DRC\Sptingrain Dr. 2271 -. nompson\Springrain Dr. 2271 complete letter.doc BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER ® BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" • 0 -0 1 4 -? --U)AL- aweA,&-At).-!L- AN., % 4+' 2 4aa JILA JJ? a t1koo Qaaz,4- urv+.. ? ??-- -,cam, _ - _ d?.,? ?- a-?•.d? 4z-L- _ jr ? ?/ r r 0 0 4Z 43 I.o..? 1Ao rn ?? B dn.?..?n _.?do hmp a aL zo's," oci c9 oQ'71 ajajo kao 4-, _._ ?t?.c?__ w?e.Q.? o?.dluz,o.?Jl rz?`..? .c.a.??? krL_ 1 O-ef W-0.0 ,.kLSL, .rwv? o? ?nsam aa71 dl? caws /Any?. + -.Q ?,- 4Le-k In Help Hospitalized Veterans ur Marcel Moreels 2263 Spriagraia Or Clearwater, F1 33763-2282 • ??"u? ?? aem f • +e-- ?i • O?r -- --- - P-21r=!«iu 'fir ? 3. • 00 _ • `? • -- - 'iea? - - ?, ---- - - - G%? _-'L?' - -- - - - - - - ? A,,?' %i?-dam--- - ?? ??'?--