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FLS2007-11052/1a FLS2007 -11052 107 MIDWAY ISL WELCH, KARL AND RENEE PLANNER OF RECORD: NOT ENTERED ATLAS # 267B ZONING: IEOD LAND USE: RU RECEIVED: 11/29/2007 INCOMPLETE: �(I� COMPLETE: MAPS: r�l� PHOTOS: STAFF REPORT: 2N, DRC : CDB:� CLWCoverSheet °Clearwater 0 Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 -562 -4567 Fax: 727 - 562 -4865 • SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION • SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets C3 SUBMIT FIRE PRELIMARY SITE PLAN: x$22000.00 —' �, � j V ❑ SUBMIT APPLICATION FEE $ so. M CASE #: RECEIVED BY (staff initials): DATE RECEIVED: ORIGINAL RECEIVED JAN 0 9 2008 e-� PUNNING DEPARTMENT CITY OF CLEARWAJER * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 04/24/2007) PLEASE TYPE OR PRINT— A. APPLICANT, APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: PROPERTY OWNER(S):. List ALL owners on the deed AND AGENT INFORMATION: (Code Section 4- 202.A) AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: FAX NUMBER: EMAIL: FAX NUMBER: EMAIL: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: WIVA 51be!VT /AL0-(9- PROJECT VALUATION: $ STREET ADDRESS 16D m. It"t 1,A'7 I (. vpA� ct-W R— n 6'� PARCEL NUMBER(S): PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST:N'�oCL V Specifically identify the request -oAj'E: bccL (include number of units or square footage of non - residential use and all requested code deviations; e.g. i reduction in required number of parking spaces, specific use, etc.) wom, SAPlanning DepartmentWpplicatior l PARCEL SIZE (square feet): O CW1 RA- U LAS C.OUK -7-Y . i I ONE , L£ 1,1 r - -°� . Rol FormslDevelopment Revlewt2007 FormsTlexible Standard Development (FLS) 04- 24-07.doc {�A o� `� € W Page 1 of 7 MEASU&�b AT ` w .FrOJjr p DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT. OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO Y (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 TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) - D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) 0 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. r� AHL WUf L1 � W t , A �.G� U-%��- - j "7 p� � `�` t , %� i4C Qh aee MOLE 0;5,)<. apil, 1, -t 1 E ply.) P66 pool- W IM, jE T�i 3A ME 14 (P '51y(-E k.00 AS 7f i F Wt1v f d'acent la4A61LilTdin(is ort is g 2. The proposed development will not hinder or discourage the appropriate development and use o a j 9 impair the value thereof. > SEe�7vA/ 3- 6d( 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. r; W (IL; �0 16-4 *—H 000 00'r A UM- Kt 146 - pft:o�7�' �.1�kkS 4. The proposed development is designed to minimize traffic congestion. 1T bc)6 or•�t � or�l 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. t5 LAZ I J� 51 ZE A Jb SHAPE If l' 071$41 S w N r � ZJ STS 10 THE- tJ '�i��3c �1 5 �� v(i� �D '�5 1�( Li IWL)t, (kb p?. w)_ wfi. \LL� l``> Nb� , 1 f t�� iU� N �� 1J 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. PtZV P05f>) fX-\). RA1 4:4;�, V t5 ML l l �t'.1 (J 1 h k i1� �1N(r `T1 pd;`E�; lCi. 5: (,l.c_v J a\J G S:\Planning DepartmenhApplication Foms \Development Review12007 FonnsTlewble Standard Development (FLS) 0444- 07.doc Page 2 of 7 V WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver Is requested (use separate sheets as necessary) — Explain how each criteria is achieved, in detail: ] E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4- 202.A.21) ❑ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ❑ At a minimum, the STORMWATER PLAN shall include the following; ❑ Existing topography extending 50 feet beyond all property lines; ❑ Proposed grading including finished floor elevations of ail structures; ❑ All adjacent streets and municipal storm systems; ❑ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ❑ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ❑ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ❑ Signature and seal 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 ❑ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above Is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. T> >1 �- _JE �� j r �/� �1r� j' IL CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) ❑ SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 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) — please design around the existing trees; ❑ TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; ❑ LOCATION MAP OF THE PROPERTY; ❑ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (le. 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; SAPlanning DepartmentApplication FormsiDevelopment RevieM2007 FormsTlexible Standard Development (FLS) 04- 24.07.doc Page 3 of 7 r G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) ❑ SITE PLAN with the following information (not to exceed 24!'x 36 "): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; _ 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)(1) and Index #701); Location of all landscape material; Location of all onsite and offsite 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 T number of required spaces; Total paved area, including all paved parking spaces & driveways, _ expressed in square feet & percentage of the paved'vehicular area; 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 COLOR SITE PLAN to scale (8'/: X 11); EXISTING REQUIRED )1,, 4I 01 c� 1 ❑ 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; SARanning DepartmentlAppiication Forms \Development Revie%-A2007 FormSlFleAble Standard Development (FLS) 04.24.07.doc Page 4 of 7 PROPOSED M l Pronertv Annraiser General Information /29/15/43344/000 /0320 Card 1 • Page 2 of 2 I weracttve wrap or III IS t_;omparahle Sales Back to Quel -V Nevi Tat,Collector Question /Comment about this parcel Listing Results Search Information pace http://www.pcpao.org/general—radetphp9pn--1529084334400003201 5/4/2007 I� s ` 'Clearwater 0 Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727 - 562 -4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets ❑ SUBMIT FIRE PRELI MARY SITE PLAN: $200.00 1 ❑ SUBMIT APPLICATION FEE $ SO. ` N CASE #: McJ ?W- r ` RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) ORIGINAL RECEIVED NOV 2 9 2007 PLANNING DEPARTMENT CITY OF CLEARWATER FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 04/24/2007) PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4 -202 APPLICANT NAME: KAQ L -� k 5-6 Wt LC H MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: I PROPERTY OWNER(S): II List ALL owners on the deed MUMMIM M I`nt41 AGENT NAME: CAMR MAILING ADDRESS: y �s L PHONE NUMBER: CELL NUMBER: EMAIL: FAX NUMBER: EMAIL: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section.4- 202 -A) PROJECT NAME: KIVATEAtM 0 PROJECT VALUATION: $ STREET ADDRESS Mf) bA, (;w.A� 15L_A jJ�. PARCEL NUMBER(S): PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request -jA� DG (include number of units or square ESM footage of non - residential use and all requested code deviations; e.g. `Y reduction in required number of - -- parking spaces, specific use, etc.) )WA-F-; SAPlannino DeaartmenMi PARCEL SIZE �)(squpare,feet): or aw- y KT D LAS cou"770 v_,- ._ Lit. lf-i M01j, 'a n Forms�Development RevievA2007 FormsTlexible Standard Development (FLS) 04- 24-07.doc MA _ or Ue W DTP OF Pagje�)�of 7 f 1Gbvr' G= ASW1..(,1 AT 1jC— Vi.l 1� ®" 1 . 'plj 0Y Qkt: - 601- c 113 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PPEVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ No X (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 TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3.913.A) ❑ 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. O;J `X67%5 '0 1-�AE= KO P466 R;anF W w" T +1E SAME 14 (P STy(" E R,�?�(,f 'As- T-A F a4j�fiA� 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent lanr R69Lill'fdin -s slgn cantly impair the value thereof. PROP05d bTU NAT /I LI Ctz P- -wicT Tic > ��; L47Y S;r YfAF-10 1-()TX- _ALerakDLE DW VALE' AS /� - 'D..t� t 5/EC170A/ - 6c) e 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. C Pas��_ 1 6 IO—, `S -j1J— fAM !lam' 1GA6ci� - aob6 /G1=_ A M KO-16 -_ r PI2o PMV Qi( -1 4. The proposed development is designed to minimize traffic congestion. Er _oP(a5_�/ Q - b oc / T' bc:��NOT Cni i o ff:Mod 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. E 9-001A 1� SI lut L W��Z> _11� 1 Z6 AND .5ilAK Of C�Tfr1�L rlc c b Z-1 r-1`51 10 7-1�>r NIU6 t l t 54 p W(a D�xkRD N579Gj 51y 8L �w� and rsc rim tuA �A Esc , �Lp" MX4)kN:a9b I5LAA 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. -MC PROPOsCD DW, 665 45% 05V AL _.1 rJ 1 r N(� Pc S=— r� --AN& A L AS �,t-Lq b 3Y5ECDON- 3,-- Lei+ pR-A'W IN _�. -� .__ ko� 0:50 DF-V/ - -\,A. iL. ,-NOT 1 ,°X - AW A-0451 CC c;C- �a�Torz�' E � s l ,4 AG I " �2a� LZIC SAPlanning Department%Application Forms\Development Review\2007 Fonns \Flexible Standard Development (FLS) 04- 24.07.doc Page 2 of 7 r 0 WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) ❑ Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) — Explain how each criteria is achieved, in detail: E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4- 202.A.21) ❑ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in Impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. • At a minimum, the STORMWATER PLAN shall include the following; • Existing topography extending 50 feet beyond all property lines; ❑ Proposed grading including finished floor elevations of all structures; • All adjacent streets and municipal stone systems; • Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ❑ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. • Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; • Signature and seal 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 ❑ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. T D'OP66eb 1S A MIvA-4C- 'D OAT o 6r, CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) 0 SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 copies; 0 TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) — please design around the existing trees; Cl TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; O 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; SAPlanning Department\Applicabon Forms \Development Review\2007 Fonns\Flexible Standard Development (FLS) 04- 24 -07.doc Page 3 of 7 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) Cl SITE PLAN with the following information (not to exceed 24" x 36 "): Index sheet referencing individual sheets included in package; J North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; ✓ All dimensions; 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 offsite 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: W7 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; T Total paved area, including all paved parking spaces & driveways, _ expressed in square feet & percentage of the paved vehicular area; 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 COLOR SITE PLAN to scale (8 %: X 11); EXISTING REQUIRED 11,11 44 X-?A 1, Ll 61 1,77A 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; SAPlanning Departmentb4pplication ForrislDevelopment RevieM2007 FormsTlexible Standard Development (FLS) 04.24- 07.doc Page 4 of 7 PROPOSED- H. LANDSCAPING PLAN, SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ❑ LANDSCAPE PLAN with the following information (not to exceed 24!'x 36 "): 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; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground rover 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 COLOR LANDSCAPE PLAN to scale (8' /zX 11); ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) ❑ BUILDING ELEVATION DRAWINGS —with the following information: All sides of all buildings; Dimensions; Colors (provide one full sized set of colored elevations); and Materials. ❑ REDUCED BUILDING ELEVATIONS — same as above to scale on 8 Y. X 11. 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; freestanding signs shall include the street address (numerals) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8 'Y2 X 11) (color), if submitting Comprehensive Sign Program application. SAI'lanning DepartmentlApplication Fours \Development Review\2007 FormsTlexible Standard Development (FLS) 04- 24- 07.doc Page 5 of 7 LI NC. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4- 801.C) hV Include if required by the Traffic Operations Manager or his /her designee or if the proposed development: Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Will generate 100 or more new vehicle directional trips per hour and /or 1000 or more new vehicle trips pe:r day. Will affect a nearby roadway segment and /or Intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections, Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip Ceneral Manual. The Traffic Impact Study must be prepared in accordance with a "Sopping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727 -562 -4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement, Q Acknowledgement of traffic Impact study requirements (Applicant must Initial one of the following): Traffic Impact Study IS included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections ]denlified in the SCoping Meeting. L, Traffic Impact Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS / WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprFikler, standpipe and /or fire pump. if afire pump is required the water supply must be able to supply 150% of Its rated capacity. Compliance with the 004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. l_-I , Acknowledgement of fire flow calculations/water Study requirements (Applicant must initial one of the following): Fire Flow CaiCulations/Water Study is included. . Fire Flaw Calculations/Water Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562 -4334. M. SIGNATURE. ]..the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize Clty representatives to visit and photograph the property described in this application. Slgna ure of property owner or represe tative STATE OF FLORIDA, COUNTY OF PIP Swom;0 pqd subscribed before me this as expires: day of to I and /or by 11WKbown has StlPl�nning OopHfLRIBYII\Applicy(Ipn Forrn;lDeVelUpment FtgvI0W1200Y FoYnldlFlaxihlp $t� and DaQgREtkjf•fM"4r,,cNotary Public Page 6 of State of Michigan, County of Wayne My Commission Expt a 9/6/2Q10 Acting in the County of L0 09VJ 3NIdVW NIHJ-10G 81?1?6969LZL EC :TT L00Z /Z0/90 May 14 07 12:45p Jay *er 727 - 447.73 p.2 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names_ 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): _ � � __� iwv�� __.'t�� -- -c��✓, _�� - -___ ._x.3..7.___ 7 .__.__ . --------- - - - -._ - - -- 3. That this property constitutes the property for which a request for a: (describe request) 4. That the undersigned (has /have) appointed and (does/do) appoint: /J� C�I 1f1. r irk as (his /their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5_ That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. 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; hat (1/we), a undersigned authority, hereby certify that the foregoing is true and correct. - ... _ _ - - -- -- - - -- -- - -- — ............ -- -- - - - -- Pr wn Property Owner - - 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 - n this _/- J day of 1.._..__... - - - - - -- _Q� — personalty appeared °�' who having been first duly sworn Deposes says that he /she fully understands the contents of the affidavit that he /she signed. —SIN NofaryPubl'cSig ature Notary Seal /Stamp My Commission Expires: — . SAPlanning DepanmenhApplicatm FormstDevelopment RaviewQ007 FormslFlexible Standard Development (FLS) 0424-07.doc Page 7 of -7 Spta� 11/29/2007 •`I` Receipt #: 1200700000000010538 9:15:19AM �= p r Date: 11/29/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLS2007 -11052 01 Flex Std - Residential Accessory 010 - 341262 50.00 Line Item Total: $50.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid . CreditCard GERALD R CUSTER JR R D 029314 In Person 50.00 Payment Total: $50.00 Is 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. Page I of 1 cReceipt.rpt Pi *perty Appraiser General Information: Int6ractive Map of this parcel 15/43344/000/0330 Card 0 New Search Tax Collector Informat* Page 1 of 2 Question/Comment about this page 08/29/15/43344/000 /0330 Data Current as of December 30, 2007 [9:24 am Wednesday January 2] Vacant Property Owner Address and Sales Print�� Property Use: 290 ISLAND ESTATES OF CLEARWATER UNIT 3 LOT 33 2007 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2007 Value 2007 Tax Information Comparable Sales value based on sales from 2005- Tax District: CW 2006: $708,800 Millage: 19.9371 Just/Market Value: $612,900 Non Ad Valorem Assessments: $.00 Assessed Value/ SOH Cap: $612,900 Taxes: $12,219.50 History Taxable Value: $612,900 Taxes without Save - Our -Homes cap: $12,219.50 A significant taxable value increase may occur when Taxes without any exemptions: $12,219.50 sold. Click here for details. Owner /Mailing Address Property Address Sale Date Book/Page Price Q/U V/I WELCH, KARL THOMAS 12/2004 14030/499 $675,000 Q I WELCH, RENEE MICHELE 2/2001 11242/1355 $350,000 U I PO BOX 2021 DEARBORN MI 48123 -2021 .11/1991 7722/2170 $250,000 Q I Parcel Information 2/1986 6178/545 $46,000 Q I Book/Page: Land Use: Vacant Residential Plat Year Plat Book/Page(s) _1.4030/04.9..9 (00) 1958 047/ 062 - 063 Census Tract: 260.01 Evacuation Zone: A Land Information Seawall: Frontage: None View: _Land Use Land Size Unit Value Units Method Vacant Residential(00) 67 x 145 10,400.00 67.00 F http: / /www.pcpao.org /general _ vadet.php ?pn = 1529084334400003300 1/2/2008 Interactive Map of this parcel Back to Query Results New Search Tax Collector Information Question/Comment about this page http: / /www.pcpao.org /general _ vadet.php ?pn = 1529084334400003300 1/2/2008 PLANNING DEPARTMENT February 15, 2008 Mr. Jay Custer 231 Midway Island Clearwater, Florida 33767 i 0 CITY OF CLEARWATER 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 -4865 Re: FLS2007 -11052 1107 Midway Island Dear Mr. Custer: This letter, which constitutes a Development Order pursuant to Community Development Code (CDC) Section 4- 202.E, has been provided to you as the agent of record for this application. On February 7, 2008, the Development Review Committee (DRC) reviewed your Flexible Standard Development approval for a new dock associated with a single- family detached dwelling with a reduction of the north setback from 20 feet to two feet (to dock), and a reduction of the south setback from 10 feet to five feet (to covered boatlift); as well as an increase in dock length from 30 feet to 40 feet, as per CDC Section 3- 601.C.1.g. The DRC recommended the denial of this application based upon a failure to address those comments that had previously been provided, as well as a failure to meet the requirements of the CDC. Therefore, the application is hereby DENIED based upon the following Findings of Fact and Conclusions of Law: Findings of Fact 1. That the 0.27 -acre parcel is located on the east side of Midway Island, approximately 110 feet north of Windward Passage; 2. That the subject property is located within the Low Medium Density Residential (LMDR) District and the Island Estates Neighborhood Community Overlay District (IENCOD); 3. That there are no active Code Enforcement violations associated with the subject property; 4. That as signed and notarized statements of no objection from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application have not been provided in relation to the request, positive findings must be made with regard to CDC Section 3- 601.C.1.g; and 5. That as signed and notarized statements of no objection from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application have not been provided in relation to the request, positive findings must be made with regard to the General Standards for Level One Approvals as set forth in CDC Section 3- 913.A. Conclusions of Law: 1. That signed and notarized statements of no objection from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application have not been provided in relation to the request; and FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" February 14, 2008 0 0 FLS2007 -1 1052 1 107 Midway Island Page 2 of 2 That application material of sufficient quality and providing sufficient information so as to ensure the development proposal is consistent with CDC Sections 3- 601.C. Lg and 3 -913.A have not been provided. 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 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 Thursday, February 21, 2008. Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562 -4539 or via e -mail at robert.tefft@Myclearwater.com. Sincerely, Michael Delk, A ` P Planning Director S. (Planning DepartmentICD BTlex Standard (FLS)Ilnactive or Finished CaseslMidway Island 107 -Dock - Denied 02- 07- 081Midway Island 107 - Development Order Denial 02- 15- 08.doc 9.40 am Case Number: FLS2007 -11052 -- 107 MIDWAY ISL Owner(s): Karl Thoma Welch Po Box 2021 Dearborn, Mi 48123 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Applicant Jay Custer 231 Midway Island Clearwater, Fl 33767 TELEPHONE: 727-643-2816, FAX: No Fax, E -MAIL: No Email Location: 0.27 -acre parcel on the east side of Midway Island, approximately 110 feet north of Windward Passage. Atlas Page: 267B Zoning District: IEOD, Island Estates Neighborhood Overlay District Request: Flexible Standard Development approval for a new dock associated with a single - family detached dwelling with a reduction of the north setback from 20 feet to two feet (to dock), and a reduction of the south setback from 10 feet to five feet (to covered boatlift); as well as an increase in dock length from 30 feet to 40 feet, as per Community Development Code Section 3- 601.C.1.g. Proposed Use: Detached dwelling, Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Neighborhood Island Estates Civic Association Association(s): Clearwater, Fl 33767 460 Pahn Island Ne TELEPHONE: 442 -2237, FAX: No Fax, E -MAIL: No Email Presenter: Robert Tefft, Planner III Attendees Included: Neil Thompson, Scott Rice, Steve Doherty, James Keller, Robert Tefft Applicant: Jay Custer The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1 . Prior to Building permit, provide evidence that the boat dock extension and cradle lift will not impact seagrasses. Fire: t No Issues Harbor Master: 1 . What are the dimensions of the docks associated with the surrounding properties? 01/09/08: Not addressed with resubmittal. Legal: 1 . No issues. Land Resources: 1 , No Issues. Landscaping: 1 . No issues. Parks and Recreation: 1 . No issues - residential dock extension and cradle lift. Stormwater: 1 . No Issues Solid Waste: 1 . No issues. Traffic Engineering: 1 . No Issues. Development Review Agenda - Thursday, February 7, 2008 - Page 7 DRC Action Ag.& 1.1 0 0 f i Planning: 1 . Pursuant to CDC Section 3- 601.C.1.b, the length of docks and boatlifts shall not exceed 25% of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less. Therefore, the maximum length of the dock/boatlift for the subject property is 30'. Clarify why an additional 10' of dock/boatlift length is necessary for the subject property. 01/09/08: It is noted that the revisions have reduced the additional dock length to 4'. Clarify why an additional 4' of dock/boatlift length is necessary for the subject property. 2. Pursuant to CDC Section 3- 601.C.1.g, the proposed. dock shall result in no navigational conflicts. Provide a detail/depiction of boat navigation within the canal based upon the proposed dock/boatlift. 01/09/08: Not addressed with resubmittal. 3 . Pursuant to CDC Section 3- 601.C.1.g, deviations from the dock standards may be approved provided that, in part, the property configuration shall preclude the placement of a dock in compliance with the required dimensional standards. How does the property configuration preclude the placement of a functional dock meeting dimensional standards? 01/09/08: Not addressed with resubmittal. 4. Pursuant to Community Development Code (CDC) Section 3- 913A.6, the proposed design shall minimize adverse visual effects on adjacent properties. The location of a 32' long covered boatlift five feet from the south property is inconsistent with this requirement given the orientation of the properties. The proposed dock/boatlift should be redesigned to mitigate the impacts the structure will have on the neighboring properties. 01/09/08: How does the revised proposal comply with the requirements of CDC Section 3- 913.A.6? 5. Provide a site plan that accurately depicts the contours of the seawall and properties based upon a signed and sealed survey. The site plan must also depict the upland property lines of the subject property. 01/09/08: Not addressed with resubmittal. 6. How does the proposed dock and covered boatlift relate to the surrounding properties with regard to the upland development? Include this information on the revised site plan. 01/09/08: Not addressed with resubmittal. 7. Clarify how the waterway width is being measured. 01 /09/08: Not addressed with resubmittal. 8. Are there any sea grasses within the area enclosed by the extended property lines? 01/09/08: Not addressed with resubmittal. 9. How does the proposed dock/boatlift relate to the residence currently under construction? Depict this relationship on the revised site plan. 01/09/08: Not addressed with resubmittal. Development Review Agenda - Thursday, February 7, 2008 - Page 8 DRC Ac Non Agenda 1.1 10 . Identify where boat will be located in relation to the proposed dock/boatlift during all loading/unloading. 01/09/08: Not addressed with resubmittal. 11 . Submit a new application that includes a revised 'Description of Request" consistent with the new proposal, and revised responses to the "General Applicability Criteria" also consistent with the new proposal. 12. The revised plan is not to scale. Submit a original and "to- scale" proposed plan, not a fax or photocopy of the plan. Other: No Comments Notes: Development Review Agenda - Thursday, February 7, 2008 - Page 9 DRC Action Agenda 1.1 • WELCH INDUSTRIES, INC. • PO BOX 2021 DEARBORN, MI 48123 • (313)215 -9095 (313) 278 -1999 FAX TO FROM: Greetings, ROBERT TEFFT CITY OF CLEARWATER KARL WELCH 107 MIDWAY ISLAND 1/9/08 With tl&be ng our intentions.....please contact Ken with any questions or comments that you may have regarding the enclosed (727) 479 -9934. I am hopeful to have Ken onboard and running this construction project by the time you receive this communication. As always please feel free to contact me any time day or night if Ken is unavailable (313) 215 -9095. Thank you in advance for your consideration, Ver t Regar , L... K S welch Iidustries�Yeserday� Today, forever r1 -h lql ORIGINAL RECEIVED 1 A 0 9 2000 PI INNING DEPARTMENT CITY OF CLFARWA'ER p a 727- 479 -9934 KEN HUMPHREYS STATE OF- FLORIDA CERTIFIED BUILDING CONTRACTOR CBC- 1254901 BECKEN PROPERTIES LLC STATE OF FLORIDA 510 WINDWARD PASSAGE LICENSED REAL ESTATE AGENT CLEARWATER, FL 33767 1 SL- 646369 khumphr3@tampabay.rr.com i. 9.15 am Case Number: FLS2007 -1 1052 -- 107 MIDWAY ISL Owner(s): Karl Thoma Welch Po Box 2021 Dearborn, Mi 48123 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Applicant Jay Custer 231 Midway Island Clearwater, F133767 TELEPHONE: 727 - 643 -2816, FAX: No Fax, E -MAIL: No Email Location: 0.27 -acre parcel on the east side of Midway Island, approximately 110 feet north of Windward Passage. Atlas Page: 267B Zoning District: IEOD, Island Estates Neighborhood Overlay District Request: Flexible Standard Development approval for a new dock associated with a single - family detached dwelling with a reduction of the north setback from 20 feet to two feet (to dock), and a reduction of the south setback from 10 feet to five feet (to covered boatlift); as well as an increase in dock length from 30 feet to 40 feet, as per Community Development Code Section 3- 601.C1.g. Proposed Use: Detached dwelling Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P 0 Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Neighborhood Island Estates Civic Association Association(s): Clearwater, Fl 33767 460 Palm Island Ne TELEPHONE: 442 -2237, FAX: No Fax, E -MAIL: No Email Presenter: Robert Tefft, Planner III Attendees Included: Neil Thompson, Scott Rice, Steve Doherty, James Keller, Robert Tefft Applicant: Jay Custer The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1 . Prior to Building permit, provide evidence that the boat dock extension and cradle lift will not impact seagrasses. Fire: I . No Issues Harbor Master: 1 . What are the dimensions of the docks associated with the surrounding properties? Legal: 1 . No issues. Land Resources: I . No Issues. Landscaping: I , No issues. Parks and Recreation: 1 . No issues - residential dock extension and cradle lift. Stormwater: 1 . No Issues Solid Waste: 1 No issues. Traffic Engineering: 1 . No Issues. Planning: Development Review Agenda - Thursday, January 3, 2008 - Page 3 UHC Aaion Agmdn 1.1 Notes: I . Pursuant to CDC Section 3- 601.C. Lb, the length of docks and boatlifts shall not exceed 25% of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less. Therefore, the maximum length of the dock/boatlift for the subject property is 30'. Clarify why an additional 10' of dock/boatlift length is necessary for the subject property. 2. Pursuant to CDC Section 3- 601.C. 1.g, the proposed dock shall result in no navigational conflicts. Provide a detail /depiction of boat navigation within the canal based upon the proposed dock/boatlift. 3 . Pursuant to CDC Section 3- 601.C.1.g, deviations from the dock standards may be approved provided that, in part, the property configuration shall preclude the placement of a dock in compliance with the required dimensional standards. How does the property configuration preclude the placement of a functional dock meeting dimensional standards? 4. Pursuant to Community Development Code (CDC) Section 3- 913.A.6, the proposed design shall minimize adverse visual effects on adjacent properties. The location of a 32' long covered boatlift five feet from the south property is inconsistent with this requirement given the orientation of the properties. The proposed dock/boatlift should be redesigned to mitigate the impacts the structure will have on the neighboring properties. 5 . Provide a site plan that accurately depicts the contours of the seawall and properties based upon a signed and sealed survey. The site plan must also depict the upland property lines of the subject property. 6. How does the proposed dock and covered boatlift relate to the surrounding properties with regard to the upland development? Include this information on the revised site plan. 7. Provide drawings which depict the height of the proposed covered boatlift. 8 . Identify the proposed roof material for the covered boatlift. 9. Clarify how the waterway width is being measured. 10. Are there any sea grasses within the area enclosed by the extended property lines? 11 . How does the proposed dock/boatlift relate to the residence currently under construction? Depict this relationship on the revised site plan. 12. Identify where boat will be located in relation to the proposed dock/boatlift during all loading /unloading. Other: No Comments Development Review Agenda - Thursday, January 3, 2008 - Page 4 DRC A lion Ag.& 1.1 ITY OF C LEARWATER 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 -4865 PLANNING DEPARTMENT December 3, 2007 Mr. Jay Custer 231 Midway Island Clearwater, Florida 33767 Re: FLS2007 -11052 -- 107 MIDWAY ISL -- Letter of Completeness Dear Mr. Custer: The Planning Department staff has entered your application into the Department's filing system and assigned the case number FLS2007- 11052. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on Thursday, January 3, 2008, in the Planning Department Conference Room (Room 216), which is located on the second floor of the Municipal Services Building at 100 South Myrtle Avenue. 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. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562 -4539 Fax: (727) 562 -4865 E -Mail: robert. tefft(�Unayclecirrnczter. coin FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Direct all correspondence to:� Clerk, Water and Navigation Control Authority Application it 315 Court Street Clearwater, FL 34616 (OFFICIAL USE ONLY) PRIVATE DO CH PERMIT APPLICATION PINELLAS COUNTY WATER AND NAVIGATION CONTROL AUTHORITY Please type, or hand print in BLACK ink I. PROPERTY OWNER INFORMATION: A. Applicant's Name: I<Alc— B. Mailing Address: City: C ' /L=" "'`7(.� =%�i + 7� i%� State: FL Zip: 53 76 C. Telephone No.(s): II. AGENT INFORMATION: A Name: L-t C C .� n c.'z �� ;-iJ ��-✓ �Ca/cs' Z__. B, Address: . /J City: NADI L'�j�- � State: �� Zip: C. Telephone No.(s): III. SITE INFORMA'T'ION: A. Construction Site Address: ' L 117L Lt# X51 city. B. Parcel ID Number /2q-/Z5 / 433L /MW 0. 33� C. Incorporated: LI! Unincorporated: ❑ D. Affected waterbody: E. Previous Permits: F. Date applicant assumed property ownership: / month/year G. Obstructions: (dogs, fences, etc.) N'7 H. Attach 8 -1/2" X 11" vicinity map showing specific project location. I: All other information pursuant to P.C.O. 90 -19 (amended), Section 10.8, as needed. J. For projects requiring a public hearing, attach a coPy of the complete legal description. D4&WD/an1ENVMGMNT/PrAA01 x2694 0 • f Application # (OFFICIAL USE ONLY) IV. PROJECT DESCRIPTION: / A_ Nature and Size of Project: Square feet: LZ B. Variance: Yes O No i Amount in variance: Length: Width: Setbacks: L R ' Other: NOTE: It is the applicant's responsibility to clearly demonstrate that any requested variances are consistent with the variance criteria of the Pinellas County- Water. and Navigation Control Authority Regulations. The applicant must submit a written ariance request outlining the nature of and need for any variances. The applicant must demonstrate that a literal enforcement of the regulations would result in an extreme hardship due to the unique nature of the project and the applicant's property.. The_ hardship must not be created by action(s) of the property owner(s). The granting_ of the variance must be in harmony with the general intent of the regulations and not infringe upon.the property rights of others. The variance requested must be the minimum possible to allow for the reasonable use of the applicant's property. Should the appli cant fail to demonstrate that any variance request is consistent with the criteria outlined in the .regulations; staff cannot. recommend approval of the application. V: CONTRACTOR INFORMATION: I� 12 67 - 9C, "T-r' , a .certified contractor, state that the dock has not been constructed and that it will be built in compliance with all requirements .and standards set forth in the "Rules and Regulations" of the Pinellas County Water and Navigation. Control Authority, and in accordance with the attached drawings which accurately represent all the information .required to be furnished. In the event.that this dock is not built in accordance with the permit or the information furnished is not correct, I agree to either.remove t c or correct the deficiency. Signed: Cert. No.: 7 2 Company Name: L11. J w Telephone No.: VC Address: f 44skol Aj �/�dx� w�J� i�� 1�� - �� 70 VL. OWNER'S SIGNATURE: I hereby apply for a permit to do the above work and state that the same will be done according to the map or plan attached hereto and made a part hereof, and agree to abide by the "Rules and Regulations" of the Pinellas County Water and Navigation Control Authority for such construction and, if said construction is within the corporate limits of a municipality, to first secure pproval from said municipality. I further state that said construction will be maintained in a safe condition at all times, should this application be approved, that I am the legal owner of the upland from which I herein propose to construct the improvements, and that the above stated agent/contractor may act as my representative. I understand. that I, not Pinellas County, am responsible for the accuracy of the information provided as part of this application and that it is my responsibility to obtain any necessary permits and approvals applicable for the proposed activities on either private or sovereign owned, *ubmerged land. Date Legal Owner's Signature PRIVATE DOCK fj V- IAHW.. MLW BOTTOM Profile View Application # (OFFICIAL USE ONLY) ENU. SCALE: V' TOTAL SQUARE FEET NEW SQUARE FEET WATERWAY WIDTH eAKE 040 N . - WATERFRONT WIDTH (00 Plan View (applicant and adjacent docks) � 1� TE SHORELIN The undersigned does not object to the proposed dock and requested variances as drawn i n the space provided above. Left Owner Right Owner Signature Date Signature Date Municipality Approval Water and Navi gation Approval 76yring Approved rn 15 ;9 C, ts- - J;,� V) CITY OF CLEARWATER �v VARIANCE REQUEST FORM Left Lot Owner's Name: Mailing Address: • Application # (OFFICIAL USE ONLY) Zip: I certify t iat I am the owner of Lot which adjoins the property owned by the applicant who proposes to construct a Commercial O Multi -use O Private O dock at the following address: I have seen the plans of the proposed structure(s) with any requested variances (see Section IVB of Application) and therefore: DO OBJECT, O DO NOT OBJECT O to the construction. OWNER'S SIGNATURE:. X Date NOTARY: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he /she acknowledged to me, under oath, that he /she signed the same freely and voluntarily for the purposes expressed therein: Witness my hand and official seal this day of Notary Public My commission expires: Right Lot Owner's Name: Mailing Address: Zip: I certify-that I am the owner of Lot' which .adjoins the property .owned by the applicant who proposes to construct a Commercial ❑ Multi -use O Private O dock at.the following address: I have seen the plans of the proposed structure(s) with any requested variances ,(see Section IVB of Application) and therefore: DO OBJECT O DO NOT OBJECT O idthe construction. OWNER'S SIGNATURE: X . Date NOTARY: STATE OF FLORIDA,. PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument "and that he /she acknowledged to me, under oath, that he /she signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this day of ,20 Notary Public My commission expires: _ k� Application #1 (OFFICIA! USE ONLY) DISCLOSURE FORM In order to alleviate any Dotential conflict of interest with Pinellas County staff, it is required that the Authority be provided with a listing of PERSONS being party to a trust, corporation, or partnership, as well as anyone who may have beneficial interest in the application which would be affected by any decision rendered by the Authority. (Attach additional sheets 'rf necessary.) A. PROPERTY OWNERS: Name: IY2- �`, Jt�CLI�t Name: Address :. /01 1 Address: Name: Name: Address: Address: B. REPRESENTATIVES: Name: Name Address: Address: Name:. Name: Address: Address: C. OTHER PERSONS HAVING OWNERSHIP INTEREST IN-THE SUBJECT PROPERTY: Interest is: contingent ❑ absolute ❑ Name: specific interest held . D. DOES A CONTRACT FOR SALE EXIST FOR THE SUBJECT PROPERTY? YES ❑ " "NO If so, the. contract is: contingent ❑, absolute ❑ Name of parties to the contract: E. DOES AN OPTION TO PURCHASE EXIST FOR THE SUBJECT PROPERTY? YES ❑ NO P Name of parties to the option:. . F. OWNER'S SIGNAL JRE: I hereby certify that the information stated above is complete, accurate; and true to the best of my knowledge X Date DaenvnaneErrvMCSrwrv��sa2s�x • • Becken Properties LLC 510 Windward Passage Clearwater, F1.33767 Becken Properties LLC Robert G. Tefll Planner III Planning Department City of Clearwater Re: 107 Midway Island Application for Flexible Standard Development Approval ISL (FLS- 11052) Mr. Tefft Pursuant to our meeting on Friday December 28, 2007 with Michael Delk Planning Director City of Clearwater I am submitting this letter as evidence to support my objection to the proposed variance to the Community Development Code Section 3- 601.C.1: First : The information contained in the City of Clearwater case file is at best inaccurate and a case could be made that the material submitted by the applicant was intentionally misleading to help facilitate an approval by your department. The file contains no surveys of the subject property (107 Midway Island) or the 2 adjoining properties( 510 Windward Passage, 113 Midway Island) The file does not contain written objections to the proposed varian ce submitted by both adjoining property owners in May of 2007. There are no as built drawings of an existing dock that is already in violation of the development code and is questionable if it was ever permitted. The proposed dock and boathouse application relies on a hand - sketched drawing completed by the dock contractor that is not to scale, is drawn inaccurately, and does not show the adjoining properties. There are no environmental studies contained in the case file. Second: The property configuration does NOT preclude the placement of a dock in compliance with the required dimensional standards. Third : The proposed dock will create significant Navigational and Safety conflicts on the waterway in general and more severe to the adjoining properties. The proposed 40 -foot dock would extend into the navigational turn around at the curve of the basin and it would also interfere with safe egress and ingress to the adjoining property docks. Fourth: The proposed dock and boathouse located within 2 feet of the adjoining properties would make it impossible for a boat moored at the dock not to penetrate the extended property lines of the adjoining properties. January 3, 2008 Page 2 Fifth: The proposed dock is not only in conflict with the Community Development Code 3- 601.C.1 but also in direct conflict with Section 3 -904 B Sight Visibility Triangle. It is incumbent on your department to deny the application for Flexible Standard Development. ' Sincerely, Ke eth G. Humphre 510 Windward Passage Clearwater, Florida 33767 State of Florida Certified Building Contractor CBC- 1254901 State of Florida Licensed Real Estate Agent SL- 646369 727- 479 -9934 KEN HUMPHREYS STATE OF FLORIDA CERTIFIED BUILDING CONTRACTOR CBC - 1254901 - "BECKEN PROPERTIES LLC STATE OF FLORIDA 510 WINDWARD PASSAGE LICENSED REAL ESTATE AGENT CLEARWATER, FL 33767 SL- 646369 khumphr3@tampabay.rr.com I� 7�,�►.F<r�ne �d�z ti�l -4�I�1 Quality Building ............ ............................... 0 FLEXIBLE STANDARD DEVELOPMENT Owners name: X18 ON c-ov, & Vo \r�C9. \- ct. Property address: I certify that I am the owner of the above - described property, which lies within 500 feet of the property owned by the applicant: r Applicant name: Karl & Renee Welch Property address: 107 Midway Island who proposes to construct a new dock that requires a variance to the Community Development Code Section 3 -601. C.1 that would increase the maximum allowable dock length from 30 feet to 40 feet and decrease the north and south side property line set backs from 20 feet to 2 feet and 5 feet respectively. I am in receipt of the NOTICE OF FILING dated December 11, 2007 sent by the City of Clearwater with an application review to occur on January 3, 2008 and therefore: DO OBJECT DO NOT OBJECT to the Flexible Standard Development Approval for the new dock as described. - Owners Signature. Date: - Comments: C�0 �'j AP IL IL t 1 FLEXIBLE STANDARD DEVELOPMENT FORM Owners name: Property address: //8 S1H O I certify that I am the owner of the above - described property, which lies within 500 feet of the property owned by the applicant: Applicant name: Karl & Renee Welch Property address: 107 Midway Island who proposes to construct a new dock that requires a variance to the Community Development Code Section 3- 601.C.1 that would increase the maximum allowable dock length from 30 feet to 40 feet and decrease the north and south side property line set backs from 20 feet to 2 feet and 5 feet respectively. I am in receipt of the NOTICE OF FILING dated December 11, 2007 sent by the City of Clearwater with an application review to occur on January 3 2008 and therefore: Ri PROM DO OBJECT DO NOT OBJECT 9,�N 0 2008 pLt � DER 164iY to the Flexible Standard Development Approval for the new dock as described. Owners Signature: /� Date: /- 2 -� �� _ �� y�� L�' /�//' ��..�,�. mil' / / /�J p�v./ / /L.G crG�c�Z � �12CL'�Y- I �J GM y�� Gam- �� j .�� .z �� / /%,C� °`�/ l/`Z✓ .�/ - .l G ate✓' --c ��` � � � �� /��5�� f�� / ,. � - �� 0 December 30, 2007 Mr. Robert G. Tefft, Planner III Planning Department Municipal Services Bldg. 100 South Myrtle Avenue Clearwater, Fl. 33756 ORIGINAL RECEIVED ` ": 31 2007 FLAJNNING DEPARTMENT CITY OF CLS,RWMER Re: Notice of Filing of an Application for Flexible Standard Development Approval at 107 Midway Island (FLS2007- 11052) Mr. Tefft, Thank for your notifying us of the above application. We are writing this letter to inform you that we are very much opposed to the idea of building a 40 foot dock on the canal at 107 Midway Island for the following reasons: The building of such a dock would certainly have an impact on the environmentlimiting the open water in the canals and adding more poisonous chemically treated pilings to the water. Such a dock would be a hazard to navigation. It will not be possible for larger boats to turn in the canal, thus limiting boating; for example, the boat parade. Those of us who are residents on Island Estates have always enjoyed the boat parade. It would be impossible for the boats to come into the canal and turn. Such a dock would be an invasion of neighbors' privacy. The city's approval of this request would create a precedent for the whole neighborhood which could be covered by huge docks. The owner of 107 Midway is at best a part-time resident and most probably is building this home to be resold. When he bought the property originally he immediately put it up for sale for twice of what he had paid. Why would full time residents have to suffer for a part-time resident's enjoyment and profit? Ken and Ursula Munkittrick, 112 Midway Island SWORN AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PINELLAS ) ORIGIN RECEIVED ".'i-C, 31 2001 PI. INING 41EPARTMENT CITY OF CLUaleWAfER EVELYN PARKER, being duly sworn, says: 1. I am the original owner of the property known as 113 Midway Island; I am located directly to the north of the property known as 107 Midway Island, where the proposed dock construction is to occur. I built 113 Midway Island and have lived in said property for over forty years. 2. The developer of, the proposed dock and construction located at 107 Midway Island approached me with a request for a variance back in June of this year. 3. I refused to grant the variance at the time and filled out an objection form which I signed, notarized.and mailed in the envelope provided by the developer. I do not recall where the objection was sent, nor do I have a copy of said objection. 4. I am attesting to said prior. objection again in this sworn affidavit here today. 5: I have objected to past requests and still object today to the proposed dock construction. 6. The dock as proposed is a hindrance to navigation. I have witnessed thousands of boats utilize the end of that canal as a turn - around basin over the many years I have lived in the property known as 113 Midway Island. 7. In addition, the surrounding water located beyond my seawall contains grass flats where small fish and sea life inhabit year- round. 8. The dock as it currently exists is itself in violation of the city and county codes, and I have never ever given a variance or permission to this neighbor or any other, to construct such a dock and wish that it would be removed to conform with the.required setbacks. 9. The owner and developer at 107 Midway Island are encroaching on my riparian rights as a waterfront landowner and my right as a private citizen, in violation of laws that were written to protect the public. I want my rights as a citizen to be upheld by the City of Clearwater. 10. The new owner of 107 Midway Island knew about the restrictions and laws prohibiting the use he proposes when he bought the property. He got a good low price because of his limited water frontage. Now he wants to make me and Mr. Humphries diminish the value of our properties so he can get something he didn't pay for. Nthi-s KER ACKNOWLEDGED before / day of December, 2007, by EVELYN PARKER, who 'personally known to me, or who produced as identification, and who did take an oath. LAURA ANN HOOPES &aarayv Pub t i c * * MYCOMMISSION#DD47591 STATE OF FLORIDA AT LARGE EXPIRES :S -4tember25,2009 My Commission Expires: �"9rFOFFoe - ° Bonde tNotaryStrvices � Q05 RIC11 w w RECEIVED 312007 pLt44NING DEPARTMENT CITY OF CCg-,K-WfJER JOHN D. FERNANDEZ, ESQ. PERSONAL INJURY AND WRONGFUL DEATH CRIMINAL LAW FAMILY LAW JOHN DAVIS FERNANDEZ, ESQ. PERSONAL INJURY AND WRONGFUL DEATH CRIMINAL LAW VIA HAND DELIVERY JOHN D. FERNANDEZ, P. A. ATTORNEYS AT LAW 918 DREW STREET CLEARWATER, FLORIDA 33755 December 31, 2007 Robert G. Tefft, Planner III Planning Department City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 -4748 TELEPHONE 7271461 -4441 FACSIMILE 727/442.4423 email johnfem @tampabay.rr.com RAVED 312001 PLONING DEPARTMINT CITY OF CLOpAWATER RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 107 MIDWAY ISL (FLS '2007- 11052) Dear Mr. Tefft and City Staff: My name is John Fernandez. I own the property located at 119 Midway Island, two houses north of the subject property. The owner applicant or developer has misrepresented the length of the current dock located at this property. In 2005, he was stopped by County employees for engaging in dock construction without a permit on this very dock. The length of the current dock is 24 feet or less, and, as it sits, is in violation of the setback requirements of 20 feet from the adjacent property line. The subject property is located in the corner of the canal; the applicant has less than 60 feet of water frontage, unlike adjacent and surrounding property owners, who have 80 -100 feet or more water frontage. According to 3- 601(1)(a), the length of a dock may be 250 of the waterway, or one -half the width of the waterfront property line, WHICHEVER IS LESS. According to subsection (1) (a) with regard to setbacks, docks should be located in the center one -third or 20 feet from any proposed property line as it extends into the water, WHICHEVER IS LESS. Boat lifts and service catwalks are to be a minimum of 10 feet from any property line extending into the water. In addition, ALL watercraft must be contained entirely within the extended property lines. The dock and boat lift currently located on the property at 107 Midway Island, already exceed those minimum standards as it is. The current boat lift comes within 2 to 5 feet of the property line on the south end, and on the north end comes, within 10 feet of the property lire as it extends into the water. Even now, if one pulls Robert G. Tefft, Planner III December 31, 2007 Page . 2 a boat up to the front of that dock, it will extend past the adjacent property owner's extended property lines. Extending this dock beyond its current length will put the dock over the adjacent properties' extended property lines. Judging this developer's and owner's misrepresentations with regard to the existing dock's dimensions, and that they have, in the past, been caught working without a permit, one could only assume their representations with regard to the dimensions of the proposed dock and its positioning with regard to the adjacent setbacks are most likely are portrayed in their favor. According to subsection (1)(g)(i) of 3 -601, the proposed dock shall not exceed 250 of the width of the waterway and result in no navigational conflicts. I have lived in the adjacent property located at 119 Midway Island since 1999. The area where the proposed dock construction is proposed is the turn - around basin for the canal. Multiple vessels of all sizes cruise up and down this canal year- round. In particular, once a year in mid - December, Island 'Estates hosts a Christmas boat parade. Some boats participating in this parade are in excess of 80 feet. Even Clearwater's Coast Guard Cutter has participated and turned around in that basin. Extending the proposed dock 40 feet into the turn- around basin will create a hazardous condition and will impede navigation by prohibiting vessels, either large or small, from making safe turns in the turning basin. At night, a 40 -foot pier extension into the turning basin is dangerous, and vessels, not knowing it is there, could strike it and people could be injured. Paragraph (ii) of subsection (1) (g) of 3 -106 states, "Dock location needs to be adjusted to protect environmentally sensitive areas." I am sure the developer and owner of the home failed to inform the City through its request for flexible standard development approval, that the area is filled with sea grass, and during the season, manatee frequent the area, eating the grass, as well as providing a home to small fish and other sea life. As to Paragraph (iii) of subsection (1) (g) of 3 -106, property configuration precludes the placement of a dock that complies with required dimensional standards, and the dock, as proposed, is similar to dimensional characteristics of the surrounding dock patterns. Everyone in the canal has more water frontage than this particular parcel of property. Their docks conform with the standards set forth, as the subject property does not! If there are other properties which exceed City and County requirements, you must assume that said property owner had received permission and /or a variance from the adjacent property owners, Robert G. Tefft, Planner III December 31, 2007 Page 3 which is normally the case. In this case, the developer contacted both adjacent property owners both OBJECTED to his request for a variance. Lastly, the dock as it exists is in violation of the deed restrictions running with the land. The owner of 107 Midway Island purchased said property with full knowledge that the community in which he was purchasing was subject to deed restrictions. I have attached a copy of the deed restrictions running with his parcel of property for your review. If you will notice, the deed restrictions restrict docks to that of 15 feet or less for his parcel of property. Riparian rights only allow a waterfront property owner to "wharf out to navigability." It does not give a riparian owner the right to build a pier out into the center of a canal for dry vessel storage and a better view down the canal. He is wanting to build on navigable waters. The adjacent property owner to the south does have a riparian right to an unobstructed view, and if the proposed dock construction of the owner and developer at 107 Midway Island plans to construct this dock, it will affect Mr. Humphrey's right to an open water view. Apart from ordinance, deed restrictions and adjacent property owners' riparian rights will subject the owner /developer to a civil suit. You can and should stop this now. Laws and requirements for this particular meeting aside, building a 40 -foot pier beyond the setbacks of either adjacent parcel is, in essence, an invasion of privacy. Extending his dock diagonally across two parties' extended setbacks will allow the owner of 107 Midway Island the ability to stand on his dock and look into the backyards of both parties' property. If you have any further questions, please do not hesitate to contact me prior to the January 3; 2008 meeting. I have been made aware that I am allowed to attend but am not allowed to speak in defense of the proposed construction. Very try yours, w Jov avis Fernar JDF /cd Enclosure fie AK Oviv -7 L4A,O tp0.Y P� /Y✓`�- .... �� CAMUE E. DAMS Q # * MY COMMISSION # DD 448716 EXPIRES: July 10, 2009 Lk F6� Thm Buv N "Barr a / �e e s� x.F �.y ,r „ea..+r✓•i x �. -7 .. • :� .ay �' rro+ 'Y•4 -rer- Sn•-'n tY•s r k �� 'r:u �"-� ATB? OF. iL0�3i)L i liMM r r ih0r•SSJA S2i6NA0212MFJ d1+°L`OUP. or ""'t�Gj02'- a�a T-7– r�u>x'F+.^t r, - -•wr pG"r`,r� +v, r.. 'r,'�'•:. oertiPy .that..said, ootporacticn;ris�the miner ix, $lPie- aiap`li�o'f�%ots��donr ' {l�r tb . -. i. ?y, YyJ-- en,n.= ;}r`aYff _ ! rri;'.:i: . 4•� . Z 4 Whit' .,rz'?'F�.EY.7�?:. f. ?'4°, . Fi'!'; ty�iae-•;;; (b9;);�r(e�co�pL,Zct�6M�md,�th �8outk.�bni'= lufl�t�f�i5t�54! Za]aa�; Bit • .:a.. -�. .:"T•r +r�..r.:,: �:f:.. r -y: -rxm; -:,;. e:, ;%:,.:..t�:`,_r.r_lrrs:�.,.... Unit i. as �k ,psr- plat;thiisof recto" id�darEOngthPnDlio 'r8eordictkPlailis =:C . �h.,mre :: ;e. : 4�rw- "_'�.'r.:�is."�F.',r:,:,;y.:< .. �:,«:;:. n� ?';3?'�r= ;'- 'fis.R'r,'.• =r:-. ., .-r� ... Floridar.in PI�tBook;EbAge19.i pfopsrtyRbo�d� ibidLSill beo�iT _ #nl s e by L a subjept to tho,folleiria6;r strl'oti'oai ^ind�rocer�it'Out t6;�irltTi ;R,... . - a.- ::v•:•._..,,:�T» ems;,. 1. <Sli4s4Cciuits 4 rind' l gib. sxe to ran with'the la=idr Lil bindin6ona IN— lF !es aadR11 rsamsOolynader �� 9nti�� ?�lx�l�li�'�1t�z'�130h tjlla G�la'�COtir, �;."�- e -�,.s. .a•�ae � ^ ��c, �t"'a� .r� r, <rar�,� s awry �v �,er,,•.�,•� sha1l�,Ls�•a�to�eatiea`l�jr ortandsd� Por�.snooesa�gewperi'ods�oL w�r.r.-. �. ^sat s.,;o•.�. ,r w' X16 v ��r s p 30'• ¢sri�unless��, ��tr oPya �� oP �i�``thsn �ov�aa'eri.t ot'= i2ie�lotioi� �is��d, tiouehiu�a ,��aid��'ooatni�a�iviit�i7hoTs 2. If.. t�ie�partiY_is ;hoi to ; >:orr iiYx ' em; or 'tL �iieYt!s for 3/ Inv lidatign$or any rone offltb�ae Co n is �by�judAoent or• oourti ,oiders2ul'l.inunoF f ;theotiise provisioris'y�whiolitietiafil',z „riaai 3n$,Pnll fo 44g. ia; itFaot:.. 4. All lot tii4 rtract4wa, agoribed % RELIT mf l35 rAV4 E S. Lots 1, 2, 26, 28, 29, 30, 31, 57, 56, and 59 may be used for hotel or apartment purposes subject to the approval of the committee referred to in Covenant 6 of this instrument. 6. No building shall be erected , placed, or altered on any . building plot in this subdivision until the building plans, j specifications, and plot plan showing the location of such I building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation, by a committee composed of Officers of the Sea Island Development Company, or by a representative designated by a majority of the members of said committee. In the event of death or resignation of any member of said committee, the remaining member, or members, shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. In the event said committee, or its designated representative, fails to approve or disapprove such design and location within 30 days after said plans and specifications have been sub- mitted to it or, in any event, if no suit to enjoin tha erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this Covenant will be dsesod to have been fully complied with, Neither the members of such committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this Covenant. She powers and duties of such committee, and of its designated representative, shall cease on and after January 1, 1977. Thereafter the approval described in this Covenant shall not be required unless, prior to said date and effective thereon. a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded appointing a representative, or representatives, who shall thereafter exercise the same powers previously exercised by said committee. 7. No building shall be located on any residential building plot nearer than 20 feet to the front lot line, nor nearer than 30 feet to any bulkhead line, No building shall be located nearer than five feet to any side line. S. No residential structure shall be erected or placed on any building plot, which plot has an area of less than 5000 square feet or a width of less than 50 feet at the front building set- back line, except that a residence may be erected or placed on lots Noe. 26, 27, 28, 29, 30, 320 44, 45, 46, 47 as shown on the recorded plat. 9. No noxious or offensive trade or activity shall be carried On upon ally lot nor shall. anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 10, No trailer, basement, tent, shack, garage, barn, or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently,_ nor shall any structure of a temporary character be used as a residence. 11. No dwelling costing less than =4,000.00 shall be permitted on any lot in the tract. The ground floor area of the main structure, exclusive of one -story open porches, shall be not less than 1,000 square feet in the ease of a one -story structure nor lose than -3- 700 square feet in the case of a owe and one -half, 35 w475 3.5a�t� STATE OF FLORIM ss COUNTY OF PINELLAS I EEBESY CERTIFY that on this _day of June, 1947 before as personally appeared Sally C. Landt sad N. X. Berger, respectively A President and Secretary of the SEA ISLAND MVELOPUM ODUPANY. INC*, a Florida Corporation to as known to be the persons described In and who s exeouted the foregoing certificate of restriction: and they severally aclnowrledged the execution thereof to be their free act wad deed as such officers for the uses• and purposes herein x=tioned and that they affixed thereto the official seal of said corporation and the said instrument is the act and deed of the said corporation duly authorised by its Board of Directors. WITNESS sty signature ,� official seal at St. Petersburg. Pinellas . County, Florida, this�{�.• day of June. 1847. Notary ftbllq—;�' NOR Pdk Stile of Florida at Large. %, o,� • ......... o''p{ My Cum amm Expm March 27.1951. i My eosmsiesion expireat Filed 5or record _. - 27/-9y7.. at /..' /.6 -.o/'?:_ io the hoot noted above and the re rd verified. RAY E. GREEN, Cite k of the Circuit Court, Pinellas County, Florida. By ! A m kkppq Clerk. OMrs. Christine Vasilakis i mfffflww--,O-�J� —I �7 I n N' SVIE 'r ± I I ��ItlMI. ■ A271551 v r a 01 titter yin L '�.�►► iii Page 1 of 1 Tefft, Robert From: steve gillespie [gillespiesteve @msn.com] Sent: Monday, December 31, 2007 10:01 AM To: Tefft, Robert Subject: Doc at 107 Midway Island Dear Mr. Tefft, I appose the size and footprint of the proposed dock at 107 Midway Island. The mere disaproval of this huge exception by his immediate neighbors should be grounds enough for your committee's disaproval. If this lot owner wished to have a different water view, he should have purchased -a different property. If he did not know the allowable dock size, he should have. Thank you for your time. Kenneth M. S. and Juliet Gillespie 119 Windward Island Clearwater, FL 33767 12/31/2007 RECEIVED 2001 Variance Request:forIm Application ►N %14G DEFT MEi�iT (official use only) Left Lot Owner's Name: Evelyn Parker CITY Or cLEt RWMER Mailing Address: 113 Midway Island Clearwater, Florida Zip: 33767 I certify that I am the owner of Lot 34 which adjoins the properp owned by the applicant who proposes to construct a Commercial ❑ Multi-use ❑ Private dock at the following address: 107Midway Island Clearwater, Florida 33767 I have seen the plans of the proposed structure(s) with any required variances (see Section IVB of application) and therefore: Do Object ❑ Do Not Object l] to the construction. Owner's Signature: X< Rafe: Notary: STATE OF FLORIDA, PINELLAS COUNTY, BEFORE ME, the undersigned authority, personally appeared , well known to me, or who provided a valid Florida Driver's License to be the person who executed the foregoing instrument and that he /she acknowledged to me, under oath, that he /she signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this day of , 20 Notary Public My Commission expires: Right Lot Owner's Naive :� Kenneth or Bec Hum hre s Mailing Address: 510 Windward Psg Clearwater, Florida Zip: 33767 I certify that I am the owner of Lot 32 which adjoins tie property owned by the applicant who proposes to construct a Commercial ❑ Multi - -Vie -O Private EA dock at the following address: 107Midway Island Clearwater, Florida 33767 I have seen the plans of the proposed stru s) with any required variances (see Section IVB of application) and th fo Do Object Not Object ❑ to the construction. i owner' Notary: STATE OFF ORIDA, INEL O ,BEFORE ME, the undersigned authority, personally appeared , w�ll.knew.�to me, or who provided a valid Florida Driver's License to be the person who ex the foregoing instrument and that he /she acknowledged to me, under oath, that he /she signed the same freely and voluntarily for the purposes expressed therein. Witness my hand and official seal this 2.1 day of AX R 1 L ,200 � l ggem'.rauc- TMI OF IaLU11M VI Esin F. NOM Notary Public : '�:. aljcomusslox # DD367467 'rM wms: DEC. it 2008 My Commission expires: % d :: g —. �°rd Tb= A.d�atic Randiag CO-- lue. Tefft, Robert From: Morris, William D. Sent: Thursday, December 27, 2007 4:47 PM To: Tefft, Robert Subject: RE: FLS2007 -11052 / 107 Midway Island DO you have the language that Scott K and Wayne had at the CDB on View corridors? at least being conversant on that (or showing how confusing it is and that the applicant is not willing to compromise) may help show you guys are looking at everything and not just rubber stamping dock applications. This one is unique on its own merits where if it gets a variance it will still be in the scale and Character of the surrounding docks, it still requires a variance. The Property owner to the south brought up a point that was of interest. He bought his lot for the view and knowing what the "rules were" he could have asked for a 100 foot dock he has 200 foot of seawall. he only asked for what he needed but paid a premium for his location. his neighbor to the north bought a lot with more physical constraints, in this case the length of the seawall and requires a variance. its a tough call. the neighbor to the c south feels his property is devalued due to the proposed dock... I did not speak to the neighbor from the north... talk to you soon, Bill M - - - -- Original Message---- - From: Tefft, Robert Sent: Thursday, December 27, 2007 4:37 PM To: Morris, William D. Subject: RE: FLS2007 -11052 / 107 Midway Island Thanks, Bill. - - - -- Original Message---- - From: Morris, William D. Sent: Thursday, December 27, 2007 4:36 PM To: Tefft, Robert Subject: Re: FLS2007 -11052 / 107 Midway Island No not with navigation, I just saw a neighbor issue brewing and saw you guys going under the bus, my call to the neighbor confirmed it, he was politley upset that he got such short notice. He is not apposed to working out a compromise but it all deals with view not water access or navigation issues. Bill M - - - -- Original Message---- - .From: Tefft, Robert To: Morris, William D. Sent: Thu Dec 2715:55:00 2007 Subject: RE: FLS2007 -11052 / 107 Midway Island Thanks for your thoughts, Bill. I would agree that there doesn't seem to be a whole lot of compromise on the part of the applicant in the proposal. Unfortunately, there doesn't seem to be a lot we can do as far as the timing of the request at this point. Unless the applicant should happen to be agreeable to delay their application to the February DRC meeting and give his neighbors time to argue against his proposal, the application will be heard at the January meeting as per the Code. There would not be any penalty in terms of payable fees. I assume that you have no specific issues with regard to navigation, etc. Is this correct? Robert G. Tefft, Planner III City of Clearwater Planning Department Phone: (727) 562 -4539 Fax: (727) 562 -4865 • • - - - -- Original Message---- - From: Morris, William D. Sent: Thursday, December 27, 2007 3:38 PM To: Tefft, Robert Subject: RE: FLS2007 -11052 / 107 Midway Island Robert, I called Ken Humphries who started taking about some comments he and Evelyn Parker provided back in April on this. My only concern is anytime I see a request for a variance and no neighbors have signed off I exercise caution. Mr. Humphries feels like "we the staff" have waited to an inconvenient time (the holidays) he only go his notice of the DRC hearing he said yesterday. He said that gives him no time to put together any type of rebuttal. He is strongly opposed and it is an issue of the impact on his view. I know we have had some dock decisions made where view has been discussed and I believe Wayne Wells and or Scott Kurlman (based on my last commercial dock CDB hearing) may have some better insight into the view corridor entitlements of a property owner. We just completed a case that went to CDB for commercial docks and had several heated discussions. while the adjoining neighbor felt he lost the dock which originally required a significant variance (it was out to 180 feet) was scaled back to 89 feet and no variance was required. A second dock was also at 180 feet and that was scaled back to 111 feet with a 17 or so foot variance. My point is that a significant compromise was made by the applicant on what they asked for. This dock seems to have no "compromise" its an all or nothing. Mr. Humphries seemed concerned that he needed more time to rebut this and that the city will just sign off without considering alternatives. ' I get plenty of my own issues so I am not trying to inject myself in your process. Is there a financial penalty if this is delayed a month (not sure if they, the applicant) have to pay more fees. I think we need the whole issue of "View entitlement" more clearly defined. I'll be at the DRC meeting either way. Mr. Humphries is meeting with the Mayor, Michael Delk and Bill Horne tomorrow morning. Bill M - - - -- Original Message---- - From: Tefft, Robert Sent: Thursday, December 27, 2007 2:06 PM To: Morris, William D. Subject: RE: FLS2007 -11052 / 107 Midway Island Bill: According to Ken Humphries (the neighbor to the south) neither he, nor the neighbor to the north (Evelyn Parker) are in support of the application. In fact, I haven't spoken with anyone yet who is in support of the application. If you would like to speak with Ken Humphries his phone number is 479 -9934. I don't have a phone number for Evelyn Parker. Robert G. Tefft, Planner III City of Clearwater Planning Department Phone: (727) 562 -4539 Fax: (727) 562 -4865 - - - -- Original Message---- - From: Morris, William D. Sent: Thursday, December 27, 20071:52 PM To: Tefft, Robert Cc: Kurleman, Scott; Buysse, Beverly A.; Lutz, Deb; Yellin, Catherine Subject: RE: FLS2007 -11052 / 107 Midway Island The one dock in the application file will need a variance. I noticed on the form I had in the packet supplied to me that the upland property owner did not have his neighbor sign off or make any comment about his neighbor either being contacted, having a problem with it etc... that generally tells me that either the neighbor is not in town (not likely but happens) or the nei hbor is not in support. While this can be apPoved if the neighbor objects, the upland property owner went to great length to show that a 60 foot boat could be moored in the existing location and me more of an obstruction than the proposed dock extension and covered lift. That leads me to believe the upland owner is building a defense for an argument with the adjoining neighbor. I generally like to know what the neighbors position is. Granting variances seems to be more the rule than the exception but I do like to hear the neighbors perspective as the applicant is not making an unreasonable request but it will impact the water ward view to some extent of his neighbor. Without a variance he could not go out as far, but mathematically he but in a long vessel and put tie poles out to 25% the width of the waterway provided they are not a hazard to navigation. Scott has a pretty good taste of the last go round with 'view" and dissenting neighbors ". I would be interested in the neighbors comments or concerns if he has any. If the neighbor is fine with it, it makes granting the variance easier, if the neighbor is opposed we get into the whole view corridor argument. All that being said absent the neighbors comments or signature of no objection I would be interested in the lengths of the neighboring docks in like areas and see how far they have exceeded the 50% the width of the property rule if at all. Has anyone contacted the neighbor. I do not mind doing it if we have a name and phone number, I would be interested in his /her comment. Bill M DRC meeting. - - -- Original Message---- - From: Tefft, Robert Sent: Thursday, December 27, 200712:07 PM To: Morris, William D. Subject: FLS2007 -11052 / 107 Midway Island Bill: Do you have any comments on this DRC application? It is scheduled for the Jan. 3, 2008 Robert G. Tefft, Planner III City of Clearwater Planning Department Phone: (727) 562 -4539 Fax: (727) 562 -4865 0 Michael Jackson 124 Windward Island Clearwater, FL 33767 (727) 459 -8259 Mr. Robert G. Tefft, Planner III Planning Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758 -4748, RE: 107 Midway Island Dear Mr. Tefft, OOK RSCEM 2 2007 pWga*w Thank you for your time this afternoon while we discussed the applicant at 107 Midway Island, and their desire for a variance on their dock. I strongly support the applicant's request for this variance on two fronts: 1) It is necessary based upon the configuration of his property and; 2) It is my strong desire to promote the City of Clearwater as the "Boating Capital of the West Coast of Florida ", similar to the fantastic reputation and beauty of Ft. Lauderdale, FL as the "Boating Capital of the World ". And I strongly support the homeowner's rights to enjoy life in a boating community such as Island Estates. A substantial amount of this enjoyment comes from the ability to build and enjoy our docks, lifts and boat houses that increase our homes value and enhance our access to navigable waters. There have been varying viewpoints from residents of Island Estates as to the size of boats, blocking views, etc. The common denominator in the sources of the negative viewpoint seems to come from non - boaters. I personally plan to purchase a 65' yacht and house it behind my house at 124 Windward Island. In a letter I wrote to the City of Clearwater a month or so ago I detailed the dollar value to the local community and local businesses by doing so. Thank you once again. I can always be reached at the number listed above or via e-mail: miackson(cDez- tender.com. Sincerely yours, Mike Jackson PLANNING DEPARTMENT December 11, 2007 CITY OF C LEARWATE R 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 -4865 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 107 MIDWAY ISL (FLS2007- 11052). To Surrounding Property Owners: As a property owner within 500 feet of 107 Midway Island, the City of Clearwater Planning Department gives notice that an application has been submitted for Flexible Standard Development approval for a new dock associated with an existing single- family detached dwelling with a reduction of the north and south setbacks from 20 feet to two feet and five feet, respectively; as well as an increase in dock length from 30 feet to 40 feet, as per Community Development Code Section 3- 601.C.1.g. On January 3, 2008, 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 3, 2008 The City encourages you to participate in the review of this application. You may contact me at (727) 562 -4539 or at robert.tefft @)myclearwater.com for further information. You may also visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case, which you may review during regular business hours; however no further notice will be provided to you should the application be amended. 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 on January 3, 2008. 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. You may access the Planning Department through the City's website: www.myclearwater.co_m. Sincerely, Robert G. Tefft, Planner III Planning Department City of Clearwater Tel: (727) 562 -4539 Fax: (727) 562 -4865 FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER ® CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" CITY OF CLEARWATER :a PLANNING DEPARTMENT POST OFFICE Box 4748 CLEARWATER, FLORIDA 33758-4748 -stand �.5�'Q�J Co�►� �s�c.. q6e� rPSiv,)Tt)1ar-d Ni5 Clbru)abv' q4 33-7co7 pm�(CuKf opo . CITY OF CLEARWATER PLANNING DEPARTI►GNT o. POST ONCE Box 4748 •, gTER„ CLEARWATER, FLORIDA 33758-4748 �� &q q?0-1-04 � Coc'��re, • J HASLEY, STEVEN M HASLEY, TERRY M 411 WINDWARD PSG CLEARWATER FL 33767 - 2330 REISS, KENNETH P 107 LEEWARD ISL CLEARWATER FL 33767 - ANDERSON, PAMELA A ANDERSON, IAN 421 WINDWARD PSG CLEARWATER FL 33767 - 2334 BRISKMAN, JOEL BRISKMAN, FRANCINE E 66 MIDWAY IS CLEARWATER FL 33767 - 2311 JUHL, TED M 67 MIDWAY ISL CLEARWATER FL 33767 - 2312 CARPENTER, EDWARD L 511 WINDWARD PSG CLEARWATER FL 33767 - 2332 WELCH, KARL THOMAS WELCH, RENEE MICHELE 845 GULFVIEW BLVD # 111 CLEARWATER FL 33767 - 3012 BUTLER, JOSEPH A 125 MIDWAY IS CLEARWATER FL 33767 - 2314 HYLE, COLIN L HYLE, CHRISOULA 201 MIDWAY ISL CLEARWATER FL 33767 - 2316 10E, JEAN 101 LEEWARD ISL CLEARWATER FL 33756 - CHACONAS, LOUIS J 113.LEEWARD ISL CLEARWATER FL 33767 - 2304 VASILAKIS, CHRISTINE 431 WINDWARD PSG CLEARWATER FL 33767 - 2334 GEORGOPOULOS, JOANNIS S GEORGOPOULOS, MARIA E 60 MIDWAY ISL CLEARWATER FL 33767 - 2311 RUDNICK, WALLACE RUDNICK, JANET 73 MIDWAY IS CLEARWATER FL 33767 - 2312 RUDMAN, MIRKO RUDMAN, ANKA 500 WINDWARD PSE CLEARWATER FL 33767 - 2331 PARKER, EVELYN 113 MIDWAY IS CLEARWATER FL 33767 - 2314 DONOVAN, MARTIN 689 ISLAND WAY CLEARWATER FL 33767 - 1905 SCHMIDT, PAUL C SCHMIDT, CATHY E 207 MIDWAY IS CLEARWATER FL 33767 - 2316 A, KATHLEEN C RIGG, HUBERT JOHN 410 WINDWARD PSG CLEARWATER FL 33767 - 2329 NICHOLSON, JAMES L 119 LEEWARD ISL CLEARWATER FL 33767 - 2304 MC NEELY, ANGUS MC NEELY, KATHRYN B 72 MIDWAY IS CLEARWATER FL 33767 - 2311 GIONIS, ATHANASIOS GIONIS, EVDOKIA 61 MIDWAY IS CLEARWATER FL 33767 - 2312 GRANIERI, JOYCE 79 MIDWAY ISL CLEARWATER FL 33767 - 2312 HUMPHREYS, KENNETH G HUMPHREYS, BECKY A 510 WINDWARD PSG CLEARWATER FL 33767 - 2331 FERNANDEZ, JOHN D 119 MIDWAY ISL CLEARWATER FL 33767 - 2314 COXHEAD, RAFE NICHOLS 137 MIDWAY ISL CLEARWATER FL 33767 - 2314 FABBRO, DANTE 206 MIDWAY ISL CLEARWATER FL 33767 - 2315 RUSSO, DAWN USILTON, LEROY E JR MACKIN, BEVERLY C 200 MIDWAY ISL 136 MIDWAY ISL 130 MIDWAY IS CLEARWATER FL 33767 - 2315 CLEARWATER FL 33767 - 2313 CLEARWATER FL 33767 - 2313 CHURNEY, ROBERT B 124 MIDWAY IS CLEARWATER FL 33767 - 2313 SAMARKOS, EVANGELINE 106 MIDWAY IS . CLEARWATER FL 33767 - 2313 QUINTERO, HERBERTO JR QUINTERO, LORRAINE 515 WINDWARD PSG CLEARWATER FL 33767 - 2335 MC KIBBEN, RICHARD MC KIBBEN, DIANE 80 WINDWARD IS CLEARWATER FL 33767 - 2321 CHRISTENSEN, DALE K CHRISTENSEN, WENDILYN C 101 WINDWARD ISL CLEARWATER FL 33767 - GILLESPIE, KENNETH M GILLESPIE, JULIET V 119 WINDWARD ISL CLEARWATER FL 33767 - CIAMPINI, DAVID CIAMPINI, HEATHER 136 WINDWARD ISL 0- RONALD P OFFUTT, HELEN E 118 MIDWAY IS CLEARWATER FL 33767 - 2313 DAY, EDGAR S JR DAY, DELLA M 430 WINDWARD PSG CLEARWATER FL 33767 - 2300 KURLEMAN, ALLEN SCOTT KURLEMAN, STEPHANIE F 90 WINDWARD ISL CLEARWATER FL 33767 - 2321 JACKSON, ROBERT L JACKSON, SHARON L 89 WINDWARD ISL CLEARWATER FL 33767 - 2322 BLACKSHEAR, WILLIAM M JR 107 WINDWARD ISL CLEARWATER FL 33767 - PUZZANGHERA, PAUL 125 WINDWARD ISL CLEARWATER FL 33767 - SZIRMAI, MIKLOS SZIRMAI, CYNTHIA 130 WINDWARD ISL CLEARWATER FL 33767 - CLEARWATER FL 33767 - NAGY, CHARLES JR NAGY, JANICE L 118 WINDWARD ISL WATTLES, GEORGE W III WATTLES, VIRGINIA S 112 WINDWARD ISL CLEARWATER FL 33767 - CLEARWATER FL 33767 - WEBER, GEOFFREY PAPAKONSTADINOU, ATHENA WEBER, MARIA 44 -12 43RD AVE 100 WINDWARD ISL SUNNYSIDE NY 11104 - 2202 CLEARWATER FL 33767 - 4tUNKITTRICK, KENNETH R MUNKITTRICK, URSULA A 112 MIDWAY ISL CLEARWATER FL 33767 - 2313 GONSALVES, JERRY J 420 WINDWARD PSG CLEARWATER FL 33767 - 2300 YACOBI, ETSION YACOBI, EVA 86 WINDWARD IS CLEARWATER FL 33767 - 2321 BRAWLEY, TERRANCE S BRAWLEY, ANNETTE L 95 WINDWARD ISL CLEARWATER FL 33767 - 2322 ADAIR, MICHAEL REVOCABLE TRUST W5184 TWIN CREEK RD # 5 MENOMINEE MI 49858 -9678 FEELY, DANIEL C 200 WINDWARD ISL CLEARWATER FL 33767 - JACKSON, MICHAEL J JACKSON, PENNY J 124 WINDWARD ISL CLEARWATER FL 33767 - HAYES, PETER S K HAYES, LORI A 106 WINDWARD ISL CLEARWATER FL 33767 - FLS2007 -11052 Robert Tefft CITY OF CLEARWATER PLANNING DEPARTMENT Ui'(A POST OFRCE Box 4748 CLEARWATER, FLORIDA 33758-4748 AtL-1 IL J. M B.�J�jo@ 462.2 r!7, 1,00.31? OF M 12/212007 mailed From 33634 USPOST GE FEELY, DAN C /� 200 WINDWARD ISL N XXX E 337 CE 1 07 O1./O6 /Oe ,RETURN TO SENDER NOT DMI-XVIZRAMLE AS ADDRESSED UNAMLE To FomwARS BC: 3375947494e *2474--07573-31-16 F CITY - - OF ClI,ARWATER' Q PLANNING DERUMRNT TEP,E ° Posy OmcE Box 4748 03' CLEARWATER FLORIDA 33758 -4745 12121120:47 Mailed`From 33634 ,ZL :ii: US PQs'irAGE GRANIERI, JOYCE 79 MIDWAY ISL CLEARWATER FL 33767 - 2312 i '337 .NF•E 1 .AOS'C OO 12./30/07 RETURN TO SENDER G➢?AN 3 ER.2 MOVED LEFT.NO ADDRESS lie UNABLE TO FORWARD RETURN TO SENDER HC: 3275e474.040 *2574 - 00744- 30 -.23 JMBHNY J 7p& 1,,11>;,ll�l>»l�hl�l>>`) `,1 „l)�,1d)bd CITY OF CLEARWAT:ER cis'.=•• ~; t T: __•_ _�.�r•. _ t PLANNING DEPARTMENT 'iW IN TAE' Posr OFFICE Box 4748 CLEARWATER, FLORIDA 337.55 -4748 4 AX 'a.L v� I �7�13 4746 T L- r _ �:4 i = ".767 PUZZANGHERA, PAUL 125 WINDWARD ISL CLEARWA "TER FL 33767 - J V� hLi1V V L 42/22/2007 Miled From .33634 NIXIE 3:37 DE 1 00 01/01/06 RETURN TO SENDER UNCLAIMED UNADLE TO FORWARD BC:.337.56474046 *0601- 00228-27 -03 ;JAN 07 2008 4:32PM HP LFISERJET 3200 SPEW- ewrawpim. W—C. Nbft. f CdWWSW. -L. 337GO tALCUAMBY.- chf; - T 15 DMIGN n-A 2ff. A DOUBLE CM coo" arc Ao CCA 60#1 oam • moul x w1roTol" So bl*B pl, �J RECEIVED JAN 0 9 2008 pLt4VING DEPARTMENT CITY OF CLrfir-.WfjER :JHN 07 2008 4:32PM HP.LHSERJE"T 3200 P.1 Fax 727-535-1785 SPEELER " %I ) www.veelerxom s ► s 142nd Amme Nwb, Clearwatar, FL 33760 To: Karl Welch Fax: 447 -5773 From: Speeler Enterprises @1)Bts: January 7, 2008 Ro: Drawing ft": 2 (including cover) CC: C1 UMW X For Review E3 Please Comment X pb no I nq y ❑ Please Rw de Please look over the attached drawing and give me a call to discuss it. I will send out a formal contract affer we have determined the design that best meets your needs. Thank You, MOVED JAN 0 9 2008 PLMNING DEPARTMENT CITY OF CLEARNaER 9 E a* f�s'XHR - x � : u- �:t" # . E' ✓` d I- Ow , a sr N � yak ` z h€ z A rte; ; Zr WT Any A fit S a py is ARM 4 _..:. 41 Z 5 T � 9 . c " z Y R. -. ARAN � a± H 3, loll S D r V�, 2WF JIM O��, No "oo ^�a�fiTr �T x aw SFr r gs u Nov 1 �3 } j Will! �� ;ate �:.>.�• j �'�, � �' Fiji L.• ?. MR d Property Appraiser General Information: 08/29/15/43344/000 /0320 Card 1 Page 2 of 2 Interactive Map.of this Comparable Sales Back. to Que_iy_ New Tax Collector Question /Comment about this parcel Listing Results Search Information page http:// www. pcpao.org/general_radet.php?pn--1529084334400003201 5/4/2007 PREPARED FOR: KARL AND RENEE WELCH A SURVEY OF LOT 33 , UNIT 3 ISLAND ESTATES OF CLEARWATER , AS RECORDED IN PLAT BOOK 47, PAGES 62 AND 63 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA. pm, -rOUND 111ON NQ01 r,0.61f,'"40UND cAPPea IIION 4001 t1iIGJ111jIrKT, APPKq IRON IIOUI F�LP,A BDIIND•IRON.PIP I LEGEND; p,C.I.P,WFdIIND CAPPED IRbN PIPE; F.N.D.••fDUNp NAIL' de WSII! g,11;p,�N, !1�{;. AIL 4, ►1511; F.C.M,— FOUND CDNCRC�MONUM'ENT; P.R.M.— PERMANENT REFERENCE MONUMENT; P.C.A. — PERMANENT! -COI`IT M.POINT; P.C. - POINT OF INTERSECTION; P� RIGHT OF WAY. SILK— ELEVATION; C.O.S.» CONCRETE BLOCK STRUCTURE; CONC.- Ka 12ETF1jA$PHr ASPtIALT; PAVL- PAVEL404T_ s COV.— COVEHEO; 0— DEEO; SEC.— SECTION; TV/P,— TOX•NSHIP; RUE. +•(• OEI; wPLAY; IA.- WASURED; ESMT.w EAUEMENT; COWENEO AREA II.— RADIUS; A.- ARC: C.- CHORD• C.Q.- CHORO BEARING: STY,- .StMY• C.L.F.- CHAIN LINK FENCE; W.F.- WOOD FENCE 11:1' L MAWAM G,. XEATNO, TILE UM11EY(M MI RE47`ONSOLE alAfla:, CERTIFY TIIAT'TIIE SURVEY REPREWNTED IIERCON. AS MEETING TIE MINI" WQINICAL STANDARDS BET 1`011111 JAY TIIE.FIDWA 60Ntl1 Of LAND SURVEYORS, PUNSUANT 10 SCCRON 472.017 OF PIE FMkIIOA STATUI�S AN M- Cf600 W CIIAPWR 61017 =a HEFT. Of PROFESSIONAL. jEOIMATION, NOT.VAUD UMISS SEALED YA7H AN fl1a0SSL0 SUNVEYOfi•9 SEAL) ELEVATION STAIEMENT; THIS IS TO CERTIFY THAT WE HAVE OBTAINED ELEVATIONS ;�I10WN WREON, OF TNE.•ADOVE DESCRIBED LAND. THESE ELEVATIONS SHOWN HEREON ,ARE BASED ON THE NOR114'AMLIZICAN VERTICAL DATIM , 1988, BENCHMARK SUPPLIED BY TFIE "ENGINEERING DEPT., PINELLAS COUNTY. FLORIDA. FLOOD ZONE DISTINCTIONS ARE QASEO UPON .:IRF'I- tUL)7C['L(AEjiCEIjCY MANAGEMENT AC04CYS MAPS ISSUED TO US. DUE TO INCDNSISTENCIES FOUND IN TIIESE MAPS, THE ZONES ARE AN APPROXIMATE EST1MAilON TO THE BEST OF OUR ABILITY, COMMUNITY No. PANEL No, O /O Z MAP DATE: , APPEARS TO DE BASE FLOOD ELEVATION /ZTp 6. 0/0 61�: IN FLOOD ZONE: bRASVN OY: Dncc d?;?' ALLIED SIORVE'YING APPROVCD DY 8"Q7 1275 NO. HIGHLAND AVENUE; a4EL KE0 Rv: SCALE: �� CLEARWATER , FLORIDA 33755 1��c_ ` ZD 727 -446 -1263 FAX 727 -461 -4622 WI,LIA c. ICRATINC ILI.a. y 1f1 R, .n y etas IbWAY 154.4p O 4T3 b Z Rs t a ;? .0 • Fab 3 p b RR W y 33 rn� 1lJ C . N �D �1 s oPa��1 c to IL Vol !vim "BOUNDARY SURVEY 3 a Clerk, Water and Navigation Control Authority 315 Court Street Clearwater, Florida 33756 • i Application # (OFFICIAL USE ONLY) 1) Existing Structures And Vessels Structures / Vessels � 2) Proposed Structures And Vessels Structures afl o N Vessels__ 3) Distance In Feet To Federal Channel o�Feet 4) Applicant Agrees To Follow All Standard Manatee Precautions a � Page 1 of 1 http: // image. maps .yahoo.com /mapimage ?MAPDATA =b V6qud6wXUvxNJO95RUNLh z... 4/20/2007 III (:ot I C.'sp(mv.1elice to; f - lort,Watet- and Navigation Control Atilhority Application # 1!-, Cot.10 S11'e(It (OFFICIAL LISE.ONLY) Ck�aivvaleij] 337.66 PRIVATE DOCK PERMIT APPLICATION PINELLAS COUNTY WATER AND NAVIGATION CONTROL AUTHORITY Please type, or handprint in BLAff ink PROPERTY OWNER XNFORdVMTX0N: N,A1r1e:_._ Karl or Renee Welch lkktr�oss:. -P.Q. Box 2021 — -- - - - - -- (_ ": t V: - _ __ ........ ... De.arbo_r_n____- - . State: Mich Zip: 481 'PL-,0.c4)hoj_)o W). (3) .- 313-295-89 p,?j.jjjjj jj()j to i1jellicle electric or plumbing. 11 , AGENT INFORMATION: Gene Jerichow DOLPHIN MARINE EQUIPMENT INC. 13056 FAXTON ST. CLEARWATER FL. 33760 727-5398113 .fri. Sl TE INFORMATION. Site Address: 107 Midway Island — ------ Clearw—aterz., Florida 33767 t.-ce]. ..ZD Nuinber:_ Unincorporated: ,Vr./-e(,,Vod wai_erbocyy: Clearwater Harbor te". 11.cev.ious P16224 89, P19417 92, aj:.�pljcant assumed property ownership: �Y7 1-2-1-0-4---i�-onLh oj:),,.�c-utictionb: (dogs,fences,etc.) R. Mtach 8-1. /,`111-x1l11 vicinity map showing specific project location. _1. AJ J of-her info_r.-maLioll pursuant to P.C.O.90-19 .(amended) SectJ on 10.8,as, needed. 11. 1"'o r, -requiring a public hearing,attach a copy of the complete legal de s ci t. i. on . i IV. Project Description: Application #1: (of lcial use only) A Na%re d Size of Project: S , [ L .! i Permit not tb include electric or plumbing_ Square Feet; ft, Variance: Yes: CH" No: 0 Amount in variance: Length: Width: Setbacks: L: R:, Other: 0 7-7 —,L/7— Note: It is the applicant's responsibility to clearly demonstrate that any requested . variances are consistent with the varienoe criteria of the Pinellas County Water and Navigation Control Authority Regulations. The applicant must submit a written variance request outlining the nature of any need for any variances. The applicant must demonstrate that a literal enforcement of the regulations would result in an extreme hardship due to the unique nature of the project and the applicants property. The hardship must not be created by action(s) of the property owner(s). The granting of the variance must be in harmony with the general intent of the regulations and not infringe upon the property rights of others. The variance requested must be the minimum possible to allow for the reasonable use of the applicants property. Should the applicant fail to demonstrate that any variance request is consistent with the criteria outlined in the regulations, staff cannot recommend approval of the application, V. Contractor Information: I, Lawrence Fisk, a certified contractor, state that the dock has not been constructed and that it wilt be built in compliance with all requirements and standards set forth in the "Rules and Regulations" of the Pinellas County Water and Navigation Control Authority, and in accordance with the attached drawings which accurately represent all the information required to be fumished. In the event that this dock is not built in accordance with the permit or the information furnished is not correct, l to either re -move the dock or correct the deficiency- Cert. No.:. 04017 Dolphin Marine Equipment, inc. 13056 Paxton Street Clearwater, Florida 33760 727. 539.8113 VI. I ",►wner's Signature: I hereby apply for a permit to do the above work and state that the same will be done according to the map or plan attached hereto and made a part hereof, and agree to abide by the "Rules and Regulations" of the Pinellas County Water and Navigation Control Authority for such construction and, if said construction Is within the corporate limits of a municipality, to first secure approval from said municipality. I further state that said construction will be maintained in a safe condition at all times, should this application be approved, that I am the legal owner of the upland from which I herein propose to construct the improvements, and that the above stated agenttoontractor is not responsible for state dep permits and may act as my representative. I understand that 1, not Pinellas County or Dolphin Marine Equipment, Inc., are responsible for the accuracy of the information provided as part of this application and that it is my responsibility to obtain any necessary permits and approvals applicable for the proposed activities on either private or sovereign gpmed submerged land_ �5 ^� 07 Legal Owners Signature ZI 39dd 3NIcJVW NIHd-IOQ 8bb6985LZL EE:IZ LOOZ /ZO /50 Application #-. (Official Use 0111v) Disclosure Form In order to alloviate any potential conflict of interest with PiArllas County staff It is required that all Authority be provided with listing of PERSONS being party w a tn�st; corporation, or partnership, as well is anyone who tnay have beneficial interest in Vie application which would be any decision rendered by the Authority. (Attach additional sheets if nocessary.) A. Property Owners ISM -ne: Zatj nr Renee Welt b Address: P.O. )3 o,x 2021 Dearborn, Michigan 48123 Name: .Address: IL Representatives- Name: Dolphin Marine Equipment Inc .Udress: 13056 Faxton Street Clearwater Florida 33760 Name: ."•address- Name: Address: Naax�e: Address: Name: Address: T Name: Address: I:;. Other persons having ownership interest in the subject property: Intarest is: Contingent 0 Absolute 0 Name: .. � Specific Interest held: U). Does a contract for sale exist for the subject property? 'Yes 0 No � If so, the contract is: Contingmt 0 Absolute 0 Name of patties to the contract: Vi.. Does an opinion to purchase exist for the subject property? "Y"es 0 No ig Name of parties to the option: ]t ". Owners Signature: I hereby certify that the information stated above is complete, accurate, and true to the best of my knowledge_ , /`s Date: 2 9T 39tid 3NI6dW NIHd-10G 8bb6969LZL 66:TT L00Z /Z0 /90 FRSVATE BUCK 14HW KLW BOTTOM Permit not to include electric or plumbing. Application #, (OFFICIAL USE ONLY) Framing 2 "x8 ", Decking 2 "x6" ENG . SCALE: I" �� I o7,o Plan View \ \ -- N - -- / I \ n J� V' TOTAL SQUARE FEET yb°b NEW SQUARE FEET 19.7- WATERWAY WIDTH v2 30" WATERFRONT WIDTH D" SHORELINE _._ SHORELINE The andersi.oned does not ohiecl to the proposed dock and reouested variances as dram in the space provided ahove. Loft Ornar Rate I SYv,at .. Gate BttMICIPA'LI7V NPPA'OVBL MIER RM A1flVrSflfION NPPAPOVttt_ -u. 0 • L] r� 0 v 39dd 3NIdVW NIHJ-10G 8bb69E9LZL EE :ZZ /-00Z /Z0/90 § 3 -401 COMMUNITY DEVELOPMENT CODE DIVISION 6. DOCK/MARINA STANDARDS Section 3 -601. Docks. A. City approval and Pinellas County Water and Navigation Control Authority permit re- quired. No dock may be constructed, added to, or structurally altered without first obtaining ap- proval by the city and a permit from the Pinellas County Water and Navigation Control Authority. B. City approval procedures. Review and ap- proval by the community development coordina- tor and/or the community development board shall be required prior to the issuance of a permit from the Pinellas County Water Navigation Con- trol Authority. Such approval shall be considered a Level One (minimum standard or flexible stan- dard approval) or a Level Two (flexible develop- ment) approval in accordance with the provisions of Article 4 Divisions 3 and 4. C. New docks. Docks, boatlifts and service catwalks that serve single-family or two-family dwell- ings. a. Setbacks. A dock shall be located in the center one -third of the lot or 20 feet from any property line as ex- tended into the water, whichever is less, unless the dock is proposed to be shared by adjoining properties whereupon the dock may be con- structed on the common property line provided that all other stan- dards of this division are met. Boatlifts and service catwalks shall be a minimum of ten feet from any property line extended into the wa- ter. 'Be poles shall be setback a min- imum of one foot from any extended Supp. No. 16 CD3'18 DEVELOPMENT STANDARDS property line. Single pile davits and personal watercraft lifts are exempt from these setback requirements pro- vided they are contained entirely within the extended property lines. All watercraft must be contained en- tirely within the extended property lines. Supp. No. 15 CD3:18.1 § 3 -601 f DEVELOPMENT STANDARDS § 3 -601 All watercraft must be contained en- tirely within the extended property lines. b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property mea- sured at the waterfront property line, whichever is less. Tie poles may ex- tend beyond the dock provided such poles do not exceed 25 percent of the width of the waterway and do not constitute a navigational hazard. C. Width. The width of docks, excluding boatlifts, shall not exceed 35 percent of the width of the property mea- sured at the waterfront property line or 50 feet, whichever is less. d. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shin- gles, metal, tile or wood. Canvas and canvas like roof materials are pro- hibited. Vertical sidewalls are pro- hibited on any boatlift or dock. e. Number of slips. No dock shall pro- vide more than two slips for the mooring of boats, except as house- boats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the resi- dents of the contiguous upland prop- erty. Personal watercraft lifts are not considered to be boat slips. f. Width of catwalks. Service catwalks shall not exceed three feet in width. g. Deviations. The community develop- ment coordinator may grant devia- tions from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from ad- jacent waterfront property owners, as well as signed and notarized state- ments on the Pinellas County Water Supp. No. 8 CD3:19 and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations ma_ be approved by the community develop- ment coordinator through a Level One (flexible standard) approval pro- /cess based on of the following: i) The proposed dock will result in no navigational conflicts and the length of the proposed dock will not exceed 25 percent of the width of the waterway; or k ii) The proposed dock location needs to be adjusted to protect environmentally sensitive ar- eas; or iii) The property configuration pre - cludes the placement of a dock in compliance with the required dimensional standards; how- ever, the proposed dock will be similar in dimensional charac- teristics as surrounding dock patterns. 2. Multi -use docks. A multi -use dock, which is any dock owned in common or used by the residents of a multi - family develop- ment, condominium, cooperative apart- ment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Sec- tion 3- 601(C)(3)(h). Deviations to the di- mensional standards for multi -use docks may be reviewed and approved in accor- dance with Section 3- 601.C.1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facili- ties used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of -i § 3 -601 COMMUNITY DEVELOPMENT CODE Clearwater, Pinellas County or by any injury to marine grassbeds or state or federal agency. Commercial docks other aquatic resources in the shall only be permitted as a Level Two surrounding areas. (flexible development) use, which re- ii) Docks shall not have an ad- quires approval by the community devel- verse impact upon natural ma- opment board (CDB). Any -multi -.use dock rine habitats, grass flats suit - with .a deck area exceeding 500 square able as nursery feeding grounds feet shall be treated as a commercial dock. for marine life, or established All commercial docks shall be reviewed marine soil suitable for produc- for compliance with the following criteria. ing plant growth of a type use - a. Use and compatibility. ful as nursery or feeding grounds for marine life; manatee sanc- i) The proposed dock shall be sub- tuaries; natural reefs and any ordinate to and contribute to such artificial reef which has the comfort, convenience or ne- developed an associated flora cessities of the users or the and fauna which have been de- occupants of the principal use termined to be approaching a of the property. typical natural assemblage ii) The proposed dock shall be in structure in both density and harmony with the scale and diversity; oyster beds; clam beds; character of adjacent proper - known sea turtle nesting site; ties and the neighborhood in commercial or sport fisheries or general. shell fisheries areas; and habi- tats desirable as juvenile fish iii) The proposed dock shall be com- habitat. patible with dock patterns in e. Impacts on water quality. the general vicinity. i) All turning basin, access chan- b. Impacts on existing water recreation nels, boat mooring areas and activities. The use of the proposed any other area associated with dock shall not adversely impact the a dock shall have adequate cir- health, safety or well being of per- culation and existing water sons currently using the adjacent depths to ensure that a mini - waterways for recreational and/or mum of a one foot clearance is commercial uses. Furthermore, it provided between the lowest shall not hinder or discourage the member of a vessel (e.g. skegs, existing uses of the adjacent water- rudder, prop) and the bottom of way by uses including but not lim- the waterbody at mean or ordi- ited to non - motorized boats and mo- nary low water ( -0.95 NGVD torized boats. datum). C. Impacts on navigation. The exist- ii) The dock shall not effectively ence and use of the proposed dock cause erosion, extraordinary shall not have a detrimental effect storm drainage, shoaling of on the use of adjacent waters for channels, or adversely affect the navigation, transportation, recre- water quality presently exist - ational or other public conveniences. ing in the area or limit progress that is being made toward im- d. Impacts on marine environment. provement of water quality in i) Docks shall be sited to ensure the area in which the dock is that boat access routes avoid proposed to be located. Supp. No. 8 CD3:20 `i DEVELOPMENT STANDARDS § 3 -601 f. Impacts on natural resources. front property width from the i) The dock shall not have a ma- adjacent waterfront single -fam- terial adverse impact upon the ily or two - family property. conservation of wildlife, marine ii) Length. The length of commer- life, and other natural resources, cial and multi -use docks shall including beaches and shores, not extend from the mean high so as to be contrary to the pub- water line or seawall of the lic interest. applicant's property more than ii) The dock shall not have an ad- 75 percent of the width of the verse impact on vegetated ar- applicant's property measured eas; vegetative, terrestrial, or at the waterfront property line. aquatic habitats critical to the Tie poles may extend beyond support of listed species provid- the dock provided such poles do ing one or more of the require- not extend 25 percent of the ments to sustain their exist- width of the waterway and do ence, such as range, nesting or not constitute. a navigational feeding grounds; habitats which hazard. display biological or physical iii) Width. The width of commer- attributes which would serve to cial and multi -use docking fa- make them rare within the con - cilities shall not exceed 75 per - fines of the city; designated pres- cent of the width of the ervation areas such as those applicant's property measured identified in the comprehensive at the waterfront property line. land use plan, national wildlife iv) Covered boatlifts. Covered refuges, Florida outstanding wa- boatlifts are permitted provided ters or other designated preser- a permanent and solid roof deck vation areas, and bird sanctu- is constructed with material aries, such as asphalt shingles, metal, g. Impacts on wetlands habitatlup- the or wood. Canvas and can - lands. The dock shall not have a vas like roof materials are pro - material adverse affect upon the up- hibited. Vertical sidewalls are lands surrounding. prohibited on any boatlift or dock. h. Dimensional standards. v) Deviations. Deviations from the i) Setbacks. All commercial and requirements of this section may multi -use docks shall be lo- be considered and approved by cated so that no portion of such the community development dock is closer to any property board in order to comply with line as extended into the water the review criteria established than ten percent of the in sections 3- 601(C)(3)(a)--(g). applicant's property width mea- sured at the waterfront prop- i. Publicly owned facilities. Roof struc- erty line. Multi -use private and tures shall be permitted on publicly commercial docks abutting ad- owned boardwalks, observation plat- jacent waterfront single - family forms, elevated nature trails and or two - family property must be other such structures not intended setback a minimum of one- for use as a dock facility, however, third of the applicant's water- vertical walls shall be prohibited. Supp. No. 6 CD3:21 § 3 -601 COMMUNITY DEVELOPMENT CODE D. Existing docks and lifts and repairs 1. Existing docks and lifts. New boat lifts installed in previously permitted wet slips are exempt from setback standards so long as such lifts are entirely contained within the property lines as extended into the water. 2. Repairs. a. Any repair made to an existing ap- proved dock that does not extend, enlarge or substantially change the location of any portion of the dock does not require review and ap- proval by the community develop- ment coordinator however, a permit may be required by the Pinellas County Water and Navigation Con- trol Authority. If, however, such re- pair enlarges, extends, or substan- tially changes the location of any portion of the dock, such repair shall require the review and approval by the community development coordi- nator prior to the issuance of a per- mit by the Pinellas County Water and Navigation Control Authority. The review of a substantial repair shall be considered a new dock pur- suant to the standards described in this section. b. If any dock, seawall, bulkhead, pri- vate bridge, or marina falls into a state of disrepair and becomes a dan- gerous structure creating an unrea- sonable risk of bodily injury to any person who may walk thereon, such structure shall be either removed or repaired so as to conform to the requirement of this division. (Ord. No. 6526 -00, § 1, 6- 15 -00; Ord. No. 6573 -00; § 1, 8 -3 -00; Ord. No. 6795 -01, § 1, 7- 12 -01; Ord. No. 6928 -02, §§ 41, 42, 5 -2 -02) Section 3 -602. Minimum elevation of sea- walls on Clearwater Harbor. The elevation of sea walls on the west shore of Clearwater Harbor or Clearwater Bay shall be not less than six feet above mean sea level. The elevation of sea walls on the east shore of Clearwater Harbor or Clearwater Bay and on the shore of the Gulf of Mexico shall be not less than six feet above mean sea level. Section 3 -603. Marinas and marina facili- ties. A. All proposed activities including, but not limited to, fueling; pumping -out, chartering, living - aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be lo- cated. B. For marina facilities located adjacent to residential districts, no fueling or launching facil- ities shall be located within 20 feet of the residen- tial property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. C. No fuel storage facility or sanitary pump - out station holding tank shall be located over water. D. The marina shall pose no hazard or obstruc- tion to navigation, as determined by the city harbormaster. E. The marina shall not adversely affect the environment, including both onshore and offshore natural resources. F. Adequate sanitary facilities shall be pro- vided landside and a sanitary pump -out station shall be provided and shall be available to marina users 24 hours a day. G. A manatee protection plan shall be pro- vided and appropriate speed zone signs shall be posted to control boat speed for manatee protec- tion. H. Adequate spill containment areas shall be provided on the property. I. Design of the marina shall maintain exist- ing tidal flushing and aquatic circulation pat- terns. Supp. No. 6 CD3:22 DEVELOPMENT STANDARDS J. In the event of conflict between these stan- dards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted; otherwise, the more stringent regulations shall apply. Section 3 -604. Periodic inspections. All marinas shall be inspected to determine their condition and compliance with the mini- mum standards of this development code, with such inspections to be conducted at three -year intervals by an engineer trained in the construc- tion of such facilities. The owner of such marinas shall submit a report bearing the seal of such engineer to the building official demonstrating that such facilities comply with the minimum standards set forth in this development code. Section 3 -605. Minimum construction stan- dards for marinas and docks. Marinas and docks shall be constructed in such a manner that equals or betters the construction requirements for marinas docks and the dimen- sional requirements of the county. DIVISION 7. EROSION AND SILTATION CONTROL Section 3 -701. Purpose. The purpose of this division is to achieve effec- tive erosion and sediment control within the city; minimize the impact of land alteration, develop- ment, and construction activities on stormwater and surface water systems; maintain the hydro- logic balance of watersheds and watercourses; protect the public health, safety and welfare; and conserve wildlife and aquatic habitats. Section 3 -702. Minimum criteria and design guidelines. The following erosion control standards and procedures shall apply to all development: A. Plan review. All erosion control methods to be employed during construction shall be shown on the final construction plans submitted for approval to the building Supp. No. 6 CD3:23 § 3 -702 official. If any land clearing or grubbing is proposed, a permit shall be required pur- suant to Article 4, Division 13. B. Stabilization of denuded areas. No dis- turbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod or other approved material to the extent necessary to cover otherwise denuded areas unless the com- munity development coordinator deter- mines that the circumstances do not re- quire such covering. Within 30 days after the final grade is established on any por- tion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures ac- cording to the original construction plan, whether by impervious surface or land -. scaping. C. Protection and stabilization of soil stock- piles. Soil stockpiles shall be protected at all times by onsite drainage controls which prevent erosion of the stockpiled mate- rial. Control of dust from such stockpiles may be required, depending upon their location and the expected length of time the stockpiles will be present. D. Protection of existing storm sewer systems. During construction, all storm sewer in- lets receiving drainage from the. project shall be protected by sediment traps, such as but not necessarily limited to secured hay bales, sod or stone, which shall be maintained and modified as required by construction progress and which shall be approved by the community development coordinator before installation. In no case shall sediment or debris be allowed to enter a public right -of -way or adjacent properties in such a manner as to create a traffic hazard, a public nuisance or a threat to existing drainage ways. E. Sediment trapping measures. Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegeta- tive buffers and other measures intended to trap sediment or prevent the transport Il, u 0 x 5 a 11, 0