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FLD2008-02002 (4)PLANNER OF RECORD: WW ATLAS # 311A ZONING: C LAND USE: CG RECEIVED: 02/01/2008 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLW CoverSheet + o� LU Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, September 29, 2008 8:02 AM To: Wells, Wayne Subject: FW: Cabana Club Plans - - - -- Original Message---- - From: Larry Edger [mailto:larry@dogtech.com] Sent: Monday, September 29, 2008.3:52 AM To: Watkins, Sherry Subject: Cabana Club Plans We support the building of the new hotel proposed by Legg -Mason with one exception. They do not provide enough parking. Employees use the public park on Gulf Blvd. now. How can there be enough. parking for even a larger facility. Larry Edger Backwaters on Sand Key Maggie Mae's 10/7/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, September 22, 2008 1:05 PM To: Wells, Wayne Subject: FW: - - - -- Original Message---- - From: chviper47 @bellsouth.net [mailto:chviper47 @bellsouth.net] Sent: Monday, September 22, 2008 12:17 PM To: Watkins, Sherry Subject: Dear Sherry Watkins 3 years ago after searching along Tampa Bay coastline we settled on Sand Key for our retirement condo because we did not want the commercialism of the other beaches We loved the uncrowded beaches of Sand Key, DO NOT TAKE THIS AWAY by allowing changes to code .There are plenty of tourism places in the general area, let us residents have our peace that makes SAND KEY special. Thank you so much, best regards helen blankenship. 10/7/2008 0 10 Page 1 of 1 Wells, Wayne. From: Watkins, Sherry Sent:. Tuesday, September 16, 2008.7:18 AM To:. Wells, Wayne Subject: FW:. Legg Mason -. Cabana Club site - - - -- Original Message---- - From: Allan & Merry [ mailto :allanmerry@allanmerry.net] Sent: Monday, September 15, 2008 11:29 PM To: Watkins, Sherry; Petersen, Carlen Subject: Legg Mason - Cabana Club site Ms. Watkins & Ms Petersen, This is a bit late, but I ask the this message be forwarded to each of the Members of the Community Development Board, and to the Mayor and each Council Member. I wish to be on record as encouraging you all, CD Board and Council, to reject the current Legg Mason application for redevelopment of the Cabana Club site. I am a resident of Clearwater Beach/north end, but I strongly support the Sand Key property owners opposition to this development. I urge you to let Sand Key, (over developed as it already is), remain "as is," and retain the remaining low density commercial uses there. My personal "theme," as some of you already know, is to plead that Clearwater "hold on and hold out," against the currently subdued but soon enough again relentless, further, "market densification and "upscaleization" (to coin a word) of both islands. Instead let Clearwater Beach, most especially, retain what we have of the character of a place where a family of modest means can come to the beach for a day, a weekend, or a week, (and dine at the "Columbia" once or twice). And let's strive to recover what's already lost. (The City's zoning code proposals for the beach, announced at the public meeting at the CB rec center last Jan (or Feb, I've forgotten), to use the "condo lull" to try and attract "mid- price" replacement hotels, are a step in the right direction, and I applaud that.). But again, please no more high density on Sand Key or Island Estates either. (I'm a member of the Board of the CB Association, but advocating only my own views here, (although I know that many of my neighbors concur. And I'm currently mailing from the Seattle WA area, where we spend July -Sept annually, air fares willing.) Thank you for your consideration, Allan and Merry Avery 860 Bruce Ave. allanmerry allanmerrv'net 9/16/2008 • Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 16, 2008 7:18 AM To: Wells, Wayne Subject: FW: Opposition Petitio Attached KM opposition petition 1.pdf -----Original.Message----- From:.lindondan @verizon.net. [mailto:lindondan @verizon.net] Sent:.Monday,. September 15, 2008 4:48 PM To: Watkins, Sherry; Elaine Stevens;.Elaine Stevens Subject:.Opposition Petitio Attached 0 Sherry, Please find my oppotion petition statement attached for our continued battle with the City of Clearwater zoneing commission. Don Stanley lindondan @verizon.net 1 0 0 Opposition Petition to Cabana Club /Legg Mason [/We oppose Legg Mason's proposal to build a hotel with a 165 seat restaurant at the Cabana Club site, (Fite #FLD2.008- 02002), 9590 Guff Blvd., because it seeks deviations from its coder That would drastically affect vertical visibility. because it seeks a height deviation from 25' feet that is allowed, to 67 feet making it approziriiiately -100 feet or 10 stories high, That would cause significant and widespread negative financial impact to surrounding and nearby properties, That would not be compatible to the immediate area that is surrounded. by residential Condos and homes, That is too massive for this site because the code requires a lot width of 200 feet and they want to build it on lot width of only 88 feet, That does not provide adequate parking, That would -allow Legg Mason to use 25 feet of the tax payer restored beach area beyond the GCCL, for its financial gain by putting cabanas and other structures on the site that will stay up all night. Ferry Boat: In addition, Legg Mason has stated its intentions to ferry guests by boat from its 425 room Belleview Biltmore hotel to the Cabana Club site, all day long, 7 days a week up a canal of private boat docks. and residential homes and condos resulting in undue hardship on the environment and our residential neighborhoods. Thank Signature: Name:; Donald W. Stanley Date: September 15, 2008 Address: 11230 Gulf Blvd. #607 Clearwater. Florida 33767 Phone: (727) 593 -9432 & (877) 406 -2659 Email Address: lindondan .verizon.net Wells,. Wayne From: Watkins, Sherry Sent: Tuesday, September 16, 2008.8:01 AM . To: Wells, Wayne Subject: FW: Case# FLD2008- 02002 (1590 Gulf. Blvd.) ----- Original.Message ----- From: Allan Layne (mailto:allanlayne @gmail.com] Sent: Tuesday, September 16,.2008.7:31.AM To: Watkins,. Sherry Subject: Case# FLD2008- 02002. (1590. Gulf Blvd.) Please DO.NOT APPROVE, I think it.is a bad idea to approve the Legg Mason Hotel. for many reasons. The parking is going to be bad sometimes. the valet guys double and triple. park cars and they even park cars in the city park across the street on several occasions. Also with the addition of a hotel and restaurant in a small.location..Are.they going to have adequate handicap parking spaces? I guess the citizens of Sand Key should have called the fire department. when the valet. guys were double. and triple.park cars so the fire marshal would of shut.it down because their parking situation is fire hazard. .And do you really believe the.employees. are going to park over at the hotel on the mainland and take a shuttle. to the beach,.Legg Mason is lying no one will park over there. Sounds good but it won't last long. So are they planning to pay the employees an extra hour of work for their ride in the shuttle, I doubt it.. Also, if you approve the 25 feet toward the gulf. does.that mean all.the condos up.and down the.beach can extend a deck out from their property line. In the long run Legg Mason is going to end up screwing the City of Clearwater in many ways because they are not going to keep the property long after they build it. It is a bad decision to approve it. By the way did the city ever. get paid for the.fire and police service by A/E for the mind freak demo of.the spy glass. hotel? If not,. that was a bad-decision by the city. I read somewhere that.the guy from Legg Mason made. some threats if they didn't.get the hotel they would put a nightclub, gas. station and some other.places.in that location. Well if they put. any of those at least people. will not lose their view of the Gulf of.Mexico.and either.they will not have to go far to get. milk, bread, cookies and cigs. or gas if it is cheap or would not have far to go home if they happen to get drunk. But still.if they did that the enterance from the street is not long enough for a gas station,.it would be hard to.get in and out of that. location. Thanks, Allan Layne Page 1 of 1 0 . Wells,. Wayne From: Watkins, Sherry Sent: Monday, September 15, 2008.8:11 AM To: Wells,, Wayne Subject: FW: Re. Mason Project - - - -- Original Message---- - From: DEANA [mailto:deana @netrover.com] Sent: Friday, September 12, 2008 8:17 PM To: Watkins, Sherry Subject: Re Mason Project Please be advised,. that the board must abide with the By -laws already passed ... The cabanas on the eachwill look like. circus tents 10 years from now... The added traffic will crowd and polute the entire. Clearwater /Sank Key beaches. . Just beware of the damage too many can do,. toilets ,. parking & increased crime to patrol . . D.Appleton & Tom Appleton .. Sand Key. 9/15/2008 . Pagel of 2 Wells, Wayne From:. JLMART @aol.com Sent: Monday, September 15,. 2008.10:47 AM To: Wells, Wayne Subject:. Fwd:. Case #:FLD2008 -02002 (1590. Gulf. Blvd) had wrong email... John L.. Martinez From:. JLMART To: michael. Del k @myclearwater.com, Wells.Wayne @myclearwater.com,. Sherry.Watkins @myclearwater.com CC:. thomas @triangledevelopment.com, fdame @yahoo.com, jordan @behardesign.com, radelson2 @verizon.net, nfritsch @tampabay.rr.com, dana.tallman @urscorp.com,. doreen.dipolito@d - mar.com, Carlen .Petersen@ myclearwater.com, Frank .Hibbard @myclearwater.com,. john.doran @mycleorwater.com, George .Cretekos @myclearwater.com, Paul.Gibson @myclearwater.com Sent: 9/13/2008.9:57:34 A.M. Eastern. Daylight Time Subj: Case #:FLD2008 -02002 (1590 Gulf Blvd) To: Planning Department: The Action /Staff. Report by the Planning Dept appalls. me for the second time! was first appalled by the Planning Department's initial action /recommendation on Shoppes! How does the Planner /Department Head not logically apply the "Standards of Review" is beyond my comprehension! How can so many variances on the site and. negative impacts on surrounding sites be ignored ?. Why have Codes if Variances are so summarily dismissed? I find the staff report incomplete and lacking in objectivity! How can the Planner "PASS" on the environmental impacts ?. Is it not his job. to get/include. the. "position /regulations" of all environmental departments before he completes his report?. Is there a rush. (not enough time) to. do it right? This is' unacceptable performance by our "Trusted" civil service!. To the CDB: I hope the CDB. will objectively apply. the "Standards. of Review" and that the CDB. will again have the courage to reject the recommendation of approval by the Planning. Dept, and send a clear message to the Planning. Dept that this type of analysis is not acceptable. performance and is a waste of time and money for all taxpayers!. To City Council: I hope that the CDB. does not again put the. "burden of proof' on you! 9/15/2008 Page 2 of 2 . Respectfully, John L. Martinez Landmark Towers. I. 1230. Gulf Blvd, Apt 407 Clearwater,. FL 33767, 727 - 595 -1944. Psssst ... Have you heard the news? There's a new fashion blog, plus the latest fall trends and hair styles at StyleList.com. Psssst ... Have you heard the news? There's a new fashion blog,. plus the latest fall trends and hair styles at St leList.com.. 9/15/2008 0 0 Page 1 of 1 Wells,. Wayne From: Watkins,. Sherry Sent: Monday,. September 15, 2008.8:08 AM To:. Wells, Wayne Subject: FW: Legg. Mason - - - -- Original Message---- - From: Jim and Linda Mathews [mailto:lmathews4 @msn.com] Sent: Saturday, September 13, 2008 8:34 AM To: Watkins, Sherry Subject: Legg Mason Dear. Ms.. Watkins:. I am very much opposed to a another hotel on Sand Key Beach... Please realize that South of the Sheridan Sand. Key is a. residential neighborhood! . Thank you. in advance for opposing the Legg. Mason. proposal. Linda. Mathews 1400 Gulf Blvd.. #409 Clearwater, FL 33767. 9/15/2008 0 0 Page 1 of 2 Wells, Wayne From: harvey levin [harvl57 @hotmail.com] Sent: Monday, September 15, 2008 5:20 PM To: Wells, Wayne Dear Mr. Wells, I wrote you one other letter a couple of months ago regarding the Legg Mason entry into our community. I would like to follow up with one more (my final) letter to once again describe my feelings. To begin with, like others, I am not thrilled about the changes to the Cabana Club - -as I stated in my previous letter, I go there three or four times a month- -and always take friends. I believe I am a really good customer. I go for. two reasons: I love the place - -the service, the views, the food, etc. Also, I like to show my support to the club and have felt a responsibility to show up fairly often. It has been a wonderful experience pulling into the place - -not a lot of traffic,etc. And both floors offer me something -- casual atmosphere -- especially on the top floor - -two types of music - -one upstairs and one on the main floor - - -and an elegant restaurant setting. But now it could be a hotel - - -and I am not sure I will like the changes -- -more hassle, more people, etc. I am not sure of the zoning requirements, but I would guess that this area is very high density --- Ultimar next door is massive. These people I do not believe have exceeded their codes in asking what they think is proper. I believe I heard that their original proposition had both a floor of lounge and a floor of restaurant. For someone like myself, that would be far superior to what they have downsized to. Again, trying to accomodate others, they have sacrificed something that I personally think would be an advantage to the residents of the area -- especially Sand Key. Owners and guests would have a wonderful bar and restaurant facility oftentimes within walking distance. I think these people deserve an opportunity to build their hotel - -I believe they are down to merely 38 rooms - -plus the restaurant and parking facilities. These people are trying to save the Biltmore which is a massive task - -- -and the golf course. The clubhouse of the golf course seems to be in need of repair - -plus it is not overly attractive inside -- imagine a dining place in Bellaire that would upgrade and uplift the entire neighborhood!!! They have made some improvements to the golf course. But if you have been inside the clubhouse, you would see it is very much need of upgrading - -I have been in the clubhouse at the Bellaire Country Club and there is no comparison. I am not a part of the Legg Mason team. I have heard that they are going to put $100 million into the restoration and improvement of the three properties. I think that is a very conservative number. I have read and kept up with many of the other groups that have offered to buy the property. Some had wonderful thoughts but not the financial ability to pull this off. Others would have torn down the hotel and the golf course - -yes, and the Cabana Club. More houses, condos and townhomes- just what we need. And all probably within the proper building codes. I think we owe it to this group to stay focused, and driven to upgrade our entire community. They are willing to invest a whole lot of time, money and effort to keep our community a premier destination resort. And, yes, they are going to try to make a profit. I hope they do. As far as the view some people are going to lose, I think it is unfortunate. But, Sand Key is zoned for high density and you really can't tell one group that they can't build something when everything else around it is massive. Unfortunately, our world has constant change. Many of the smaller hotels and motels along the beach areas have gone. Many were in need of repair and the change is good. Most of the building, over time, will be a tremendous uplift for the entire community. And with every new construction, there has to be somebody 9/16/2008 Page 2 of 2 negatively impacted. But, without these newer buildings, many of the old "charming" buildings would fall into states of disrepair and become something that would ultimately deter people coming to our area. Large cities, mountain ski areas and beach communities must always do what is best for the entire communities. I still think we are extremely lucky to have found a team of dedicated people like the Legg Mason group to help us grow and maintain our community. Thank you again for letting me ramble -- Harvey Levin 9/16/2008 Page 1 of 1 Wells, Wayne From:. Watkins, Sherry Sent:. Monday, September 15, 2008 1:32 PM To: Wells, Wayne Subject: FW: Legg -Mason proposal for Sand Key - - - -- Original Message---- - From: Paula Asinof [mailto:pasinof @asinof.com] Sent: Monday, September 15, 2008 1:20 PM To: Watkins, Sherry Cc: Cynthia L. Remley, Esq. Subject: Legg - Mason proposal for Sand Key Sherry,. I. have already sent in petition and. an email. However, with the meeting coming up, I felt another one. was wa rra nted. To: Community Development Board. This is the absolutely worst thing you could do to Sand Key. I fervently OPPOSE allowing any such development. Over the past years we have worked hard to have a nice community - making sure parking, traffic, building heights, land use - etc. were appropriate to the community's goals.. In one fell swoop, you could destroy all of that work and to benefit who?. Certainly not the residents or. existing business? This is one big BLACK EYE on the face of the Development Board for even allowing it to get this far.. Paula Asinof 1230. Gulf Blvd 1 -404. Clearwater 9/15/2008 Wells, Wayne From: Watkins, Sherry Sent: Friday, September 12, 2008 1:30 PM To: Wells, Wayne Subject: FW: Redevelopment of the Cabana Club - - - -- Original Message---- - From: John Trufant [ mailto :trufantjandj @sbcglobal.net] Sent: Friday, September 12, 2008 12:20 PM To: Doran, John; Petersen, Carlen; George .Cretokos @myclearwater.com; Gibson, Paul; Watkins, Sherry Subject: Redevelopment of the Cabana Club > Dear Mr. Doran, Ms. Petersen, Mr. Cretokos, Mr. Gibson, and Ms. Watkins: > My wife and I own a condominium in Harborage I, which • (as you are likely aware) is within very close proximity • across Gulf Boulevard from the Cabana Club. Our strong • opinion is that the proposal to redevelop this site into a • hotel must be denied. The citizens of Sand Key have voiced • multiple, well- justified reasons for opposing this • redevelopment, and we agree with all of those reasons. • Foremost, however, is that no further development on Sand • Key should occur that would increase its density. It is, • for the most part, a residential neighborhood; the proposed • redevelopment of the Cabana Club as a hotel diminishes the • residential character and quality of life on Sand Key by • adding more transient population who have no investment in • protecting the safety, comfort and beauty of our • neighborhood. Closely related is that Cabana Club site is • far too small for the proposed redevelopment. I strongly • urge you to vote to deny the redevelopment proposal > Thank you for your consideration of this request. > Sincerely, > John E. and Judith A. Trufant > 1651 Sand Key Estates Court, #65 > Clearwater, FL 33767 1 0 0 Page 1 of 1 Wells, Wayne From:. Watkins, Sherry Sent: Friday, September 12,.2008 1:52 PM To: Wells, Wayne Subject: FW: - - - -- Original Message - - - - -. From: Peter Cunzolo [ mailto :pcunzolo @execujetcharter.com]. Sent: Friday,. September 12,. 2008,1:46 PM To: Hibbard, Frank; Doran, John;. Petersen, Carlen; Cretekos, George;. Gibson, Paul; Watkins,. Sherry Subject: To our esteemed council members: We. as residents have done our level best to understand what is being allowed to happen on Sand. Key.. I was. at numerous meetings including the marathon that went well into the wee hours. Most of us do not oppose the project for the sake of the rebuilding but we do repeatedly object to the use of our waterways for boat taxi service and most importantly to the. requested variances that will take away a large portion of the beach. Please do not allow the variances to be granted because the end result may be. a significant loss of our beaches along our coast as a result of future building projects. I respectfully ask that the. codes in. place remain intact and that the plans be modified. to. be in line with all of the previous requirements that perhaps other builders needed to comply with. In essence, is helping one company completely stretch the envelope worth all. of the other negative impacts.. In other words. I would ask that you look at the benefit or risk reward of the potential action. Look at future projects that will. use the precedents that you will set.. If you can honestly say and agree that helping one builder at the expense of thousands of residents is worth it, then you must vote your conscience in favor of granting the variances. If not and you can see forward the negative impact on our community you must stand up for the citizens and deny these requests.. I. have met and spoken to many of you and find each of you to be extremely reasonable. I have the highest respect for your service but I. must also say that pushing this through. in favor of the builder would negatively affect your residents for years to come. Please, we. don't oppose growth. or rebuilding, we only oppose the fact that it will come at a great price that we will pay for in the years to come.. Please do not grant approval. to the requested variances. Respectfully, Peter Cunzolo Confidential Notice: This email may contain CONFIDENTIAL or PRIVILEGED information and is a. private. communication between the intended addressee and ExecuJet Charter Service. If you are not the intended recipient, reading, copying, using, or disclosing its contents to others is strictly. prohibited. If you have received this email in. error, please notify us by. replying to this message, and then delete. it from your system. Thank you. 9/14/2008 Page 1 of 1 0 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, September 11, 2008.8:33 AM To:. Wells, Wayne Subject: FW: proposed. Belleview Biltmore /Legg Mason project - - - -- Original Message---- - From: david richardson [mailto:richardson @rrcompany.com] Sent: Thursday, September 11, 2008 8:30 AM To: Watkins, Sherry Subject: proposed Belleview Biltmore /Legg Mason project Sherry ............. My. wife Nancy and 1. own a single family home at the Moorings on Sand Key. We oppose the erection of the proposed hotel /restaurant complex on the current site of the Cabana Club on Gulf. Boulevard.. The propsed complex is simply too big for the small parcel of land. in question. If completed as proposed, it will encroach upon and destroy the current character of our surrounding residential neighborhood. We need your help to preserve our neighborhood. Further, we oppose Legg Mason's offer to purchase. our "spit of land" that they would use to moor a water taxi. We ask that you deny all variance requests submitted by Belleview Biltmore/ Legg Mason on this proposed project. We. appreciate your support to help. us preserve our residential neighborhood. Thank you, David and Nancy Richardson 1648 Sand Key Estates Court Clearwater David M Richardson Richardson, Runden. Ilc richardson @rrcompany.com. wwwxrcompany.com 201 - 323 -5717 9/14/2008 Sep 11 08 01:17p Island Ways Enttrises, 72j�397287 p.1 Frank L. Dame 407 Leeward Island Clearwater, FL 33767 P -- 727 -442 -2237 F -- 727 - 239 -7287 Email: idame@yahoo.com Fax Coversheet Date: 911 1108 To: Sherry Watkins — Clearwater Planning Dept. Fax: 562 -4865 Phone: 562 -4582 Pages: 3 (including Coversheet) Sherry, I received the accompanying correspondence today from a citizen who I believe lives on Sand Key. I'm pretty sure he is a member of a lunch club I belong to. The letter he is referring to I am assuming is a letter to the editor I wrote that was published in the SP Times relating to Island Estates and unrelated to the Cabana Club project. - t wanted to disclose this to the planning dept to conform to the Gvt in the Sunshine Laws. Regards, Frank OROW RECED SEP 112008 PLANNNG CITE' OF Cq&ftATER Page 1 of 1 i 0 Wells, Wayne From:. Watkins, Sherry Sent:. Wednesday, September 10, 2008 12:45 PM To: Wells, Wayne Subject: FW: Legg Mason. Proposal - Opposition - - - -- Original Message - - - - -. From: Paula Asinof [mailto:pasinof @asinof.com] Sent:. Wednesday,. September 10, 2008 12:30 PM. To: Watkins, Sherry Subject: Legg Mason Proposal - Opposition City Manager, Assistant City Manager, Director of Planning and Community Development Board Members You seem to be on an accelerating path to RUIN Sand Key. The Legg Mason proposal is AWFUL. Not enough parking, a ferry from Clearwater Beachl 111 l 1, giving them publicly restored beach, letting them leave cabanas up 'full time', bad environmental impact, disruption of life styles during massive construction, traffic jams, reduction of our property values etc. etc. - need I go on? Is there someone in the city that is getting some personal benefit from this? Is there no one the planning commission that is interested in anything but the short term dollars? If this goes through Sand Key is certainly not a place 1 want to be. Landmark Towers I - Unit 404 1230 Gulf Blvd Clearwater Paula. Asinof 3816 Travis Street -. Dallas, TX 75204 214- 526 -8690. 9/14/2008 �1 L_J Wells, Wayne From: Cannonfire Photo pcannon @cannonfirephoto.com] Sent: Wednesday, September 10, 2008 8:42 PM To: Wells, Wayne Subject: Biltmore Hotel renovation support r � LJ Hello. I'm writing this email to voice my support for the Biltmore Hotel's renovation project. This hotel has special meaning to so many generations of native Floridians, and we all have watched with great sadness as recent hurricanes have taken quite a toll on the beauty of the structure. Plus, for several decades the hotel has needed a facelift anyway, so this is a long time coming. The charm and history of this hotel cannot be overstated, and it must not only be saved, but vastly improved, to continue the tradition it has held for years. I want to solidly support the efforts of the hotel ownership and their business partners to proceed with this much - needed renovation and hope you'll do all you can to support them as well. Thank you and God bless! Jason Cannon Forth- Generation Native Floridian and resident Sep 11 08 01:17p Island Ways Ent ises, 797287 p.2 r� ,s C - -- - - -- �.� ��f�' _ .iG .� G�.�,�,'..:-'� ��/�ray? fi..1�.:,G' • ' y��.,,y �,� .ate•. j At T- 2000 Gulf OF 01EAJZWATER M Q ti 00 N ti rn { N C W (U .p C N N CL O 00 O r CL m U) BELLEVIEW BILTMORE CABANA CLUB 1MOlit9wAr dc6wf#dKr4dda SCHEMATIC DESIGN RIHEISENUOTRE A 1 i a 1 T/ 9 T i 2190 PCHCE DE LEON BLVD. SSATE 400 CORAL CABLES M1 !3174 iLI.CiWONE: 305/448 -7794 FAX 3D61 6 -9275 RMA IKQ MTION NUOM AR 0010695 n w� �o 0 m O 4� Gf� 7 Wallace Roberts B todd, UI.0 m mmA-marwla. 3m W Wm e.daeran mw r Page 1. of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 09, 2008 10:04 AM To: Wells, Wayne Subject: FW: Legg Mason - - - -- Original Message---- - From: Nan & Dick Ruben [mailto:dnruben @verizon.net] Sent: Tuesday, September 09, 2008 9:48 AM To: Watkins, Sherry Cc: Frank Vandyke; Hibbard, Frank; joellen farnham; george cretekos Subject: Legg Mason I was very disturbed by the recent approval. by Wayne Wells for all the deviations in the proposed hotel that Legg Mason is planning at the Cabana Club site. The city makes rules and then at the first opportunity "multiple deviations" come in to play when it suits them and goes against the people of the community. Where is the protection to the local property owner? Is our investment, our homes, and our neighbor for sale at the whim of the promise of dollars for the city? We residents of Clearwater pay the salaries of people like Wayne Wells .... so why aren't they working to support us instead of Legg Mason? Nancy J. Ruben 1430 Gulf Blvd. #501. Clearwater, FL 33767 727 - 595 -2736 dnruben @verizon.net 9/9/2008 Page 1 of 1 Wells, Wayne From:. Watkins,. Sherry Sent: Monday,. September 08, 2008 7:59 AM To:. Wells, Wayne Subject:. FW: Opposition to. Cabana club /Legg Mason - - - -- Original Message - - - - -. From:.Om1480 @aol.com [mailto:Om1480 @aol.com] Sent:. Saturday, September 06,. 2008 12:28 PM. To:. Watkins, Sherry. . Subject: Re: Opposition to Cabana club /Legg Mason I. am strongly opposed to the redevelopment of the Cabana property.. olga milne 1480 gulf blvd. clearwater 33767 Psssst ... Have you heard the news? There's ._a new fashion blo lus the latest fall trends and hair styles at StyleList.com.. 9/8/2008 0 Wells, Wayne From: Watkins, Sherry Sent: Monday, September 08, 2008 2:06 PM To: Wells, Wayne Subject: FW: Legg Mason /Cabana Club - - - -- Original Message---- - From: Shonnie & Bill. Kiser. [mailto:SBKiser@webtv.net] Sent: Monday, September 08, 2008 1:49.PM To: Watkins, Sherry Subject: Legg Mason /Cabana. Club • Dear Ms..Watkins; This is.to.let you know that my wife and I are. in favor of Legg.Mason's.plans.to redevelop the Cabana C1ub.Property. We are long time residents of.Sand Key (our condominium is.next to the Cabana. Club.condos)and feel that the plans. we've seen will enhance the values.and lifestyle of.our community. I request that you deliver this E -mail to the appropriate.members.of.the. Community Development. Board, the City Manager and other officials who will act.on this. matter. Thank You, William Kiser,.1520.G1f Blvd.. • Ishind Estates Civic -Association `ftomoting unity within our community" Mr. Nicholas C. Fritsch, Chairman Community Development Board 112 S. Osceola Avenue Clearwater, FL 33756 Re: Legg Mason's Application FLD2008 -02002 (1590 Gulf Blvd.) Dear Mr. Fritsch: September 8, 2008 The Board of Directors of the Island Estates Civic Association (IECA), along with the Clearwater Beach Association, supports the Sand Key Civic Association's opposition to the requested variances to the Community Development Code for the Cabana Club property. The Community Development Code in section 1 -103, General Purposes says is part: "... to enhance the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners." As pointed out in the SKCA letter the granting of these variances certainly does not preserve the neighborhood and enhance the quality of life of all residents and property owners in the vicinity. The requested variances approved by the City Planning Staff exceed the Code limits even at Flexibility Standard Level. Two for the Height and front set -back. The requested variance for the side variance goes to the very limit of Flexibility Standard Level Two at Zero feet. The construction of permanent structures to support cabanas into the Coastal Construction Zone violates the concept of even having a Coastal Construction Zone established by the City to protect the beach area. The granting of the requested variances will not preserve the neighborhood or enhance the quality of life for all residents and property owners (the current resident's and property owners). The Community Development Code describes three sets of development standards for Zoning Areas. The first is Minimum Standard Development, Level One. The second is Flexible Standard Development, Level One. The Third is Flexible Standard Development Level Two. Each of the Flexible Standards reduces at least some of the requirements from the preceding standard. Our citizens understand and accept the requirements under the Minimum Standard Development as no one wants to limit reasonable development or improvement of existing structures. However, most do not understand that there are the other two development standards which can significantly increase the footprint of a proposed development, and which the City grants with such frequency that developers have no reason not to ask for the maximum and beyond. There are criteria listed in the Code that are expected to be met before a Flexibility Standard is approved. For Overnight Accommodations it appears at least three of the criteria for the granting of Flexible Standards are violated. One is: "the use of the parcel proposed for development will not involve direct access to a major arterial street." The only access to this parcel is from Gulf Boulevard. A second criteria: "the increased height will not reduce the vertical component of the view from any adjacent residential property." The higher the building the more ORIGINAL RECEIVED 140 Island Nay, #239, Clearwater, FL 33767 SEA' 0 9 2000 www.iecivicassociation.com PLANNING DEPARTMENT CITY OF CLEARWATER Isfand Estates CivacAssociation "Promoting unity within our community" it restricts the view from the adjacent residential property. The third criteria: "the reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles." Zero side set -back limits the space for an emergency vehicle to proceed. Why is the Island Estates Civic Association concerned about variances on Sand Key? It is because the routine approval of requests for the maximum flexibility standard appears to be the norm by the City and there no longer appears to be any reason for the other standards. The Association and residents must be constantly on the lookout for variances that adversely affect the neighborhood and bring them to the City's attention. For example, we have the same problem with height variances as proposed in this case. In the IECA Neighborhood Conservation Overlay District Code for single family houses the height limit is 30 feet. Then the City applies the flood level which makes the height no more than 42/43 feet. However, based on traditional practice according to the Chief of the Planning Department, the maximum height is at the mid -point of the roof. Therefore many of our newer structures exceed the height limits the citizens approved or are in the Community Development Code. We see no flexibility in the height limit in either the Community Development Code or the IENCOD for the top of the roof to exceed the height limit in any situation where the Code is clear. On Island Estates we now have single story houses that are overshadowed by a house wall over 42 feet high that is closer to the property line than the minimum standard allows. On a lot such as mine, enforcing the minimum standard would allow a new house to exceed 7,800 sq feet, but under the current enforcement of the Code the City would allow the footprint to be expanded for a bigger house. The City Staff recommendation for this case allows for the height to exceed the maximum of 50 feet, in Flexible Standard Level Two, plus the flood level. Why is that the case? We also experience the granting of permits that violate the CDC in other areas and have a case which has been ongoing for over 18 months, where the city granted variances to the site visibility triangle, by declaring that plants are structures. The City is in the process of asking the owner if he will remove the plants. Do we have enforceable standards or not? We ask that the Community Development Board stop the current practice of encouraging developers to propose the maximum flexibility to the Community Development Code. We ask that you set the expected standard at the Minimum Development Standard, Level One. Any request for variance from that standard would require that the neighborhood be notified and approve exceeding the minimum standard. This will change the current practice where there are no building standards the current residents can be confident that the Community Development Board will enforce. With the change we request, the current residents would be in control of changes to the character of their neighborhood. Sincerely, President _ ORIGINIAQ. Iff RECD 140 Isfand'iNay, #239, Cfearcvater, FL 33767 SEP 0 9 2008 www.iecivicassociation.com PL4N ING DEPARRENI CITY OF CLF arch • Wells, Wayne From: Watkins, Sherry Sent: Friday, September 05, 2008 7:45 AM To: Wells, Wayne Subject: FW: Cabana Club /Legg Mason Proposal Importance: High - - - -- Original Message---- - From: leelin [mailto:leelin@charter.net] Sent: Thursday, September 04, 2008 6:09 PM To: Watkins, Sherry; Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Gibson, Paul Subject: Cabana Club /Legg Mason Proposal Importance: High Dear Ms Watkins, We are writing to encourage you to deny Legg Mason's several requests for variances in order to build their hotel and restaurant. How will our community provide fire and police protection with this increase in density and pedestrian traffic? Who will pay for it? The zoning restrictions currently in place provide safeguards for all of us. And, once Legg Mason's variances are approved, a precedent will be in place for all the other big businesses that would like to exploit a piece of our beautiful key. The variances requested are unbelievable. How would Wayne Wells react if a mere taxpayer requested such variances? Please respect the key, its residents and zoning ordinances that were thoughtfully put in place by our community forefathers. Please don't be influenced by Legg Mason's big bucks and promises of increased tax revenues. Respectfully, Linda and Leland Walter 1480 Gulf-Blvd #204 Clearwater, FL 33767 r • Wells,. Wayne. From: Watkins, Sherry Sent: Wednesday, September 03, 2008 2:09 PM To: Wells, Wayne Subject: FW: leggs mason Importance: High - - - -- Original Message ---- -. From: JBIRD400 @aol.com [mailto:)BIRD400 @aol.com] Sent: Wednesday, September 03, 2008 1:28 PM To: Watkins, Sherry Subject: leggs mason Dear Sherry Watkins, Page 1 of 1 We are FOR the Leggs Mason proposal for a hotel (Cabana Club). on Sand Key. Please ensure that this is distributed to CDB, the Mayor & Council memebers. thank you. Jay & Gail Jorgensen 190 Sand Key Estates Drive Clearwater, Fl 33767 jay jorgensen 190 sand key estates drive clearwater, florida 33767 cell 727 -460 -5003 residence 727 - 593 -1672 It's only a deal if it's where you want to go. Find your travel deal here. 9/3/2008 Pagel of 2 Wells, Wayne. From: Watkins, Sherry Sent: Tuesday, September 02, 2008 3:29 PM To: Wells, Wayne Subject: FW: Please distribute to CDB - - - -- Original Message---- - From: PhyllisZeno @aol.com [mailto:PhyllisZeno @ aol.com] Sent: Tuesday, September 02, 2008 11:19 AM To: Watkins, Sherry Subject: Please distribute to CDB To the CDB After putting five children through college (three of mine, two. of his) my huband and I decided we needed to take life a little easier and we moved to Tampa in 1974.. Sad to say, my husband died shortly after, and I returned to. work again and became Creative Director for AAA Auto. Club South.. As founding editor of AAA. Gong Places, I was happily employed for 29 years, but four years ago at the age of 78, I was ready to retire and take life a little. easier. I bought a condo. at the Cabana Club and thought I would spend the rest of my years in quiet and serene surroundings. Little did I know what was about to. befall me. Legg Mason announced that they would refurbish the Belleview Biltmore in Belleair and at the same time, build a new 38 -room hotel on Sand Key in the parking lot outside my bedroom windows. At same time, the Cabana Club announced that all of our balconies were going to. have to. be replaced to the tune of $750,000, and we would be assessed triple our maintenance fee for over a year. When a few us timid souls suggested that we were readyy to join other neighboring condos to. seek protection from this intrusion on our quiet neighborhood, our board president sent a survey to our 85. condo owners, reminding them of our upcoming balconyy assessments and pointing out that to seek legal assistance. would cost us upwards of $125,000.. If they chose to fight the adjoining hotel, our president would be forced to resign, he said, because our building improvements would require all his time, and he was a Canadian citizen. Our residents wee terrified at the looming expenses, and many of them voted in favor of the hotel. Armed with this ammunition, Legg Mason revised their initial humble plan for a small, boutique. hotel and began seeking additional variances that would allow them to build higher and wider, encroaching on our privacy, yet reducing the number of parking places that accommodated the existing restaurant, guaranteeing that our driveway would be flooded with cars,. noise and inconvenience. At the same. time, LM submitted a proposal stating that Cabana Club residents had responded favorably to a survey and were eagerly awaiting this edifice that would increase our condo value and lower our taxes. With their new proposal, condo owners suddenly realized the horror that was about to befall them, but it was too late. Or is it? On Tuesday, September 16, it will all be in the hands of the City Planning Board.. They, and they 9/2/2008 Page 2. of 2 alone, can grant the demands of these greedy developers and leave an 82- year -old widow like myself helpless to. defend her right to. spend her declining years in peace and quiet. Won't you please defend our right to life, liberty and the pursuit of happiness .when many of us have worked a lifetime to achieve this goal? Wistfully, Phyllis W.. Zeno It's only a deal if it's where you want to go. Find your travel deal here. 9/2/2008 To the CDB • 0 After putting five children through college (three of mine, two of his) my huband and I decided we needed to take life a little easier and we moved to Tampa in 1974. Sad to say, my husband died shortly after, and I returned to work again and became Creative Director for AAA Auto Club South. As founding editor of AAA Gong Places, I was happily employed for 29 years, but four years ago at the age of 78, I was ready to retire and take life a little easier. I bought a condo at the Cabana Club and thought I would spend the rest of my years in quiet and serene surroundings. Little did I know what was about to befall me. Legg Mason announced that they would refurbish the Belleview Biltmore in Belleair and at the same time, build a new 38 -room hotel on Sand Key in the parking lot outside my bedroom windows At same time, the Cabana Club announced that all of our balconies were going to have to be replaced to the tune of $750,000, and we would be assessed triple our maintenance fee for over a year. When a few us timid souls suggested that we were ready to join other neighboring condos to seek protection from this intrusion on our quiet neighborhood, our board president sent a survey to our 85 condo owners, reminding them of our upcoming balcony assessments and pointing out that to seek legal assistance would cost us upwards of $125,000. If they chose to fight the adjoining hotel, our president would be forced to resign, he said, because our building improvements would require all his time, and he was a Canadian citizen. Our residents wee terrified at the looming expenses, and many of them voted in favor of the hotel. Armed with this ammunition, Legg Mason revised their initial humble plan for a small, boutique hotel and began seeking additional variances that would allow them to build higher and wider, encroaching on our privacy, yet reducing the number of parking places that accommodated the existing restaurant, guaranteeing that our driveway would be flooded with cars, noise and inconvenience. At the same time, LM submitted a proposal stating that Cabana Club residents had responded favorably to a survey and were eagerly awaiting this edifice that would increase our condo value and lower our taxes. With their new proposal, condo owners suddenly realized the horror that was about to befall them, but it was too late. Or is it? On Tuesday, September 16, it will all be in the hands of the City Planning Board. They, and they alone, can grant the demands of these greedy developers and leave an 82 -year- old widow like myself helpless to defend her right to spend her declining years in peace and quiet. Won't you please defend our right to life, liberty and the pursuit of happiness when many of us have worked a lifetime to achieve this goal? Wistfully, Phyllis W. Zeno Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 02, 2008 1:28 PM To: Wells, Wayne Subject: FW: Opposition to the Legg Mason's application - - - -- Original Message--- - From: Boshart, Jon [mailto:JBOSHART @spc.edu] Sent: Tuesday, September 02, 2008 12:38 PM. To:. Hibbard, Frank; Doran, John;. Petersen, Carlen;. Cretekos, George; Gibson, Paul; Watkins,. Sherry Subject:. Opposition to the Legg. Mason's application Dear Sirs, As a resident of The Grande on Sand Key (1170 Gulf Blvd, #206) 1 and my family are very opposed to the Legg Mason's application. Please do not allow this to happen to Sand Key.. Thank you, Jon Boshart Prof.. Jon D. Boshart, Ph.D.. Chair, Department of Fine Arts Saint Peter's College. 2641 Kennedy Blvd.. Jersey City, NJ 07306 9/2/2008 Page 1 of 1 0 0 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, September 02, 2008 11:46 AM To: Wells, Wayne Subject: FW: Legg Mason /Cabana Club Redevelopment - - - -- Original Message---- - From: Norm Englert [mailto:nenglert @earthlink.net] Sent: Tuesday, September 02, 2008 11:36 AM To: Watkins, Sherry Subject: Legg Mason /Cabana Club Redevelopment Not all Sand Key residents are opposed to a new 38 room boutique hotel and upscale restaurant on the Cabana Club property. If done within reasonable bounds, this fulltime 23 -year Sand Key resident is in favor of the change and improvement. I believe it is a very vocal minority in opposition, lead by a few who have personal issues, such as loss of view. Please make the decision knowing not all of the immediate area residents are opposed. And at least this one is fully in support. Thank you, Norm Englert 140 Marina. del Rey Clearwater, FL 33767 727.510.7951 9/2/2008 . Page 1 of 1 Wells, Wayne. From: Larry Edger [larry@dogtech.com] Sent: Sunday, August 31, 2008 8:59 AM To: Wells, Wayne Subject: Cabana Club Hotel Wayne;. Just a note. to. say many of us support the plans for the. proposed hotel on Sand Key. The. only exception is the limited parking. They cannot build a hotel and a 165 seat restaurant with only 50 parking spots. Employees alone . will need most of those.. They must cut back somewhere. Larry Edger Backwaters on Sand Maggie M a e's. 8/31/2008 Page 1 of 1 0 0 . Wells, Wayne From: Jimmy [jimmy @cscproperties.com] Sent: Tuesday, August 26, 2008 12:52 PM To:. Wells, Wayne Subject:. FW: Cabana Club, Sand. Key - - - -- Original Message---- - From: Jimmy [mailto:jimmy @cscproperties.com] Sent: Tuesday, August 26, 2008 12:46 PM To: Wayne.Wells @myclerwater.com Cc: msmith @belleviewbiltmore.com Subject: Cabana Club, Sand Key Wayne, it appears that this project is meeting all requirements, and that the opposition is sort of "stretching things" to prevent it. As a citizen of Clearwater, and a patron of the Cabana Club, I would like to register my support for this project. Thanks- Jimmy Walker 311 Druid Road West, Clearwater, FL 33756 (727) 446 -3444 o (727) 446 -5014 f (727) 709 -4700 c 8/26/2008 Page 1 of 1 0 0 Wells, Wayne From: Watkins,. Sherry Sent: Tuesday, August 26, 2008.2:16 PM To: Wells, Wayne Subject:. FW: Support for the Cabana Club. redevelopment - - - -- Original Message---- - From: BIKERSCAFE @aol.com [mailto:BIKERSCAFE @aol.com] Sent: Tuesday, August 26, 2008 12:13 PM To: Watkins, Sherry Subject: Support for the Cabana Club redevelopment As an English. Lady who winters close to. Sand Key, am. I. missing something here ?. I think the protesters of the SON. group appear to be a sad. bunch of. NIMBYs (No In. My Back.Yard) who seem to have conveniently fogotten. the history of sandkey.. The Biltmore were ferrying guest over to a cabana on a deserted sand key nearly a century ago. It is they (SON) and others who. have been part of the sandkey development and that includes those who bought a property or business there, who have. built the urban jungle up around a nice small. little cabana club and. turned a deserted beach into the urban environment it is today. Now the Cabana club . want to develop, it seems that what was sauce for the goose cannot be sauce for the gander. I am personally sad that the cabana is not continuing as it is but I accept their right/need to develop. as. a business. It is one of the last few remaining old world charms of the Pinellas coast, where you can have a drink and light meal watching the sun go. down with. courteous staff who do. not hassle you to. finish up. so. they can get there next lot of tipper onto your table.. You get a real feeling of causal laid back tropical charm and it will be sorely missed. Barbara 8/26/2008 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25, 2008 8:29 AM To: Wells, Wayne Subject: FW: - - - -- Original Message---- - From:. Cheryl Hopler. ( mailto:chopler @tampabay.rr.com] Sent:..Monday,. August 18, 2008 9:41 PM To:. Cretekos,. George Cc:.Manni,.Diane;. Watkins,.Sherry Subject: Re:. • George, Thanks for the informative letter—Who would need to give them permission to build on 25.feet of.the beach? Hopefully,.Environmentalists and the.State, as lam quite.sure that would take years and they would not let.it happen:. This.is. my biggest objection as.I.feel.it is ALL of.our responsibilities to protect our.precious.environment especially our limited Coastline and Beach. Maybe I should alert them to this proposed project. I think I will. Cheryl Hopler - - - -- .Original. Message - - - -- From:.<george.cretekos@myclearwater.com> To: <chopler @tampabay.rr.com> Cc:.< Diane.Manni @myClearwater.com >;. < Sherry .Watkins @myClearwater.com> Sent:.Monday, August 18, 2008. 9:19. PM Ms. Cheryl.Hopler 1340 Gulf Boulevard, #15C Clearwater,. FL 33767 Dear. Cheryl: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club ".property on Sand Key. As you know,. a completed application for a change in the development. plan, as presented by the Legg -Mason developers, will be considered by the City of Clearwater's. Community. Development.Board... For. now, there is. no zoning. application pending since the property is.currently zoned "C" (commercial), which allows for hotel development. Because of.the type of.modification being requested, I. am told that the City Council.will review the application only if.the developer requests an increase in density units per acre. In the meantime, I have expressed your concerns. directly to the Community Development Board and its.staff. representative,..and you may also wish to attend one of. CDB.meetings which are.held on the third Tuesday of each month...It is.this board that has.the authority to approve the site plans, and its consideration of the Legg Mason proposal is being postponed until September.16, 2008, at 1:00pm. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, -- george 0 J george. n..cretekos member, Clearwater city council 727- 562 -4050 george .cretekos @myclearwater.com <mailto: george .cretekos @myclearwater.com> (please. note that.under florida's.public record laws,.written communications,.including e- mails, to and from members.of city council. regarding official.business. are public record and will be made available to all. members.of.the clearwater. city council.and the press) Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday,. August 25,.2008 8:29 AM To:. Wells, Wayne Subject: FW:. Legg. Mason trying to build a hotel on. Sand Key (File #FLD2008- 02002) - - - -- Original Message ---- -. From:. BARBGOLF @aol.com [mailto:BARBGOLF @ aol.com]. Sent:. Tuesday, August 19,. 2008 8:37 AM. To: Watkins, Sherry; Hibbard, Frank;. Doran,. John; Petersen, Carlen;. Cretekos, George; Gibson, Paul. Subject: Legg Mason trying to build a hotel on Sand Key (File #FLD2008- 02002) Please give my message to. CDB. members. What on earth is the matter with Wayne Wells? Why would he approve an application from a company that is trying to circumvent every rule and code in the book? This company wants to take public beach,. supported by public funds, for its own private use. They want to build a huge building on a lot that's less than half the required size. They even want to build it higher than code. They are trying to get away with less. parking than required. by not mentioning the restaurant will be larger than. a normal. hotel restaurant.. Where will all the employees park -- they're not all. going to ride a trolley!. Running a ferry up and down the canal is a terrible idea. We won't have any plant or sea animal life there any more. If people on Sand Key wanted. to live in. an area like. Miami Beach, they would have moved there!. Barbara Ferree, owner of two. condos at 1591 Gulf Blvd. * * * * * * * * * * * * ** It's only a deal if it's where you want to go. Find your travel deal here. (http: // information. travel.aol.com / deals ?ncid= aoltrvO0050000000047) 8/25/2008 August 11, 2008 • Wells, Wayne. From: Watkins, Sherry Sent: Monday,. August 25, 2008 8:23 AM To: Wells, Wayne Subject: FW: SON. Response to SK Residents FINAL (08 11 08) • - - - -- Original. Message ---- -. From: Jim. Strenski [mailto:strenski @jjconsulting.org]. Sent: Sunday, August 17, 2008.3:24 PM To: Watkins,. Sherry;. Wells, Wayne Cc:. Hibbard, Frank;. Gibson, Paul; Doran, John;. Cretekos, George; Petersen, Carlen Subject:. SON Response to SK Residents FINAL (08 11 08) Pagel of 3 Re: Cabana Club Hotel Plans - - -. Please carefully consider the attached response to the 8/6 Martin Smith letter re: Legg Mason's hotel plans. This SON response addresses a variety of important points that deserve the attention of all CDB members, points not addressed by Legg Mason.. May I also respectfully question Legg Mason's last minute postponment of the 8/19 CDB hearing to. 9/16/08? It wasn't for lack of a quorum... A nu mber of concerned citizens built their week around the August date. What's to prevent Legg Mason from asking for additional postponments to suit their needs? Don't citizen's needs dererve respect? Thanks for your time. James B. Strenski, #1205, 1200 Gulf Blvd. August 11, 2008. Dear Concerned Neighbors of Sand Key:. We are writing to you in response to a letter you may have received from Martin Smith, Managing Director of the Belleview Biltmore Resort.. Legg Mason owns the Cabana Club Restaurant property and the Belleview Biltmore Resort. Save Our Neighborhood (SON) is assuming Mr. Smith is speaking on behalf of the owner and his employer, Legg Mason.. Mr. Smith's letter is very disconcerting and we will do our best to address each issue that is raised and bring to light issues that are not addressed. . Use of the Beach: Legg Mason intends to place canvas cabanas, plant grass and install pavers on 25' of beach property west of the Coastal Construction Control Line (CCCL). The purpose of the CCCL is to protect the beach and property and that is why it is regulated by the state.. The cabanas would not be removed at night and only in case of storms.. This part of the beach is habitat for sea turtle nests and sea oats.. Relying on the legalese argument, Legg Mason is technically correct that this is not a "taking ", but a "use" of the beach because it falls within Legg Mason's property lines. However, we fail to see the practical difference in terms of the effect on the beach.. Historically, this is the narrowest part of the beach on the island... Presently, it measures 110' in comparison to the 900' width at the north end of the island. Parking: Legg Mason says that 56 parking spaces on the property exceed the City's code requirement of 38 spaces and the actual parking demand for a hotel of this size. They are correct that the Code requires one parking space per hotel room. What Legg Mason doesn't tell you is that its proposed restaurant is much larger than necessary to serve its hotel patrons. It is defining the restaurant as an "accessory" use and linking it to the Belleview Biltmore Hotel in Belleair to avoid providing parking for restaurant guests. An example of an accessory use restaurant would be "Rusty's" at the Sheraton on Sand Key where the number of hotel rooms exceeds the number of restaurant seats. Legg Mason's July 14th plans show restaurants with 165 seats, which is far more seats than necessary for a 38 room hotel. The restaurant will be open to guests from 8/25/2008 August 11, 2008 • • Page 2 of 3 the 425 room Belleview Biltmore and the public. Applying the common sense test - where do 20 -25 employees, the Cabana Club Hotel guests, the Belleview Biltmore Hotel guests, and the public who frequent the restaurant, park their vehicles? Legg Mason's answer is that it will shuttle its employees and the Belleview Biltmore guests, however, it is disingenuous to claim all employees, managers and hotel guests with vehicles, will use the shuttle. And where will the shuttle buses park? This is another example of Legg Mason's failure to act as a good neighbor. Our community will suffer the results of insufficient parking. Height: According to Legg Mason, the proposed hotel is NOT "100 feet tall" or a 10 -story high restaurant/hotel complex." Legg Mason says it is a "boutique" hotel that is only 67 feet high, or 6 stories over one story of parking). Again, Legg Mason is using the Code language to circumvent the answer to the question that the neighbors have been asking for months - How high will the building be? Practical people think of building height from the ground to the top of the roof. Simple math says 14 feet (parking) + 67 feet (building) + 10 feet (to top of roofline) = 91 feet give or take. Using Dan's Island on the south side of the property as a bench mark, the roof line falls somewhere between the ninth and tenth floor of that neighboring condominium building (90'- 100'). Setbacks and Location of Building: It is impossible to build Legg Mason's proposed hotel/restaurant on this small site without numerous deviations from the City's Code. What is not mentioned in their letter is that the City's Code requires them to have a lot 200 feet wide in order to build a structure of the size proposed. In order to squeeze this oversized building onto this small site, Legg Mason is asking for a reduction of the lot width requirement to 88 feet. As a result they also have to ask for more deviations to the code in the form of "setbacks" for three out of four of the property lines: a. The Code requires that the parking lot pavement be setback 25 feet from Gulf Boulevard. They want that requirement reduced to 5 feet. b. On the north side of the building the Code requires them to be set back from their property line, zero to ten feet. They want that requirement reduced to Zero. c. On the west/Gulf side, they want to build the hotel building right up to the Coastal Construction Control Line. The Code requires them to build it back 20 feet. The bottom line is that there is nothing "boutique" or "modest" about this proposed hotel on this site. Dock: Legg Mason says it has deleted all references to the use of the dock on Gulf Boulevard from its pending application "due to the community input and concerns" and after evaluating its options will, once, again address this issue. What Legg Mason does not tell you is: 1) they made an offer to purchase an alternative piece of property on the same canal that has not been withdrawn; and 2) that eleven days after making this statement in their July resubmission of their application to the City, their attorney sent a letter to the Condominium property to which the dock at issue abuts threatening to move forward with an application for the permits and to begin using the dock. Thus, their public statements that they are not pursuing use of the dock at this time is disingenuous. There appears to be no reason to believe that Legg Mason has abandoned an earlier stated intention of ferrying its guests from its 425 hotel rooms at the Belleview Biltmore Resort down a canal that is exclusively residential with private marinas and manatees enjoying a habitat that sustains them. . Adverse Financial Impact on Neighborhood: What we fail to see in Legg Mason's letter is any reference to the significant financial harm that will be caused to the home value of over 100 families who live in the residential properties that surround this less than one acre piece of commercial property should this hotel/restaurant be constructed as planned. Concerns of the Community: In addition to the contrary positions Legg Mason has taken publicly and privately regarding its consideration of the "community concerns" on the dock issue, Legg Mason denied a request by SON for a public meeting in July on Sand Key, or even in Clearwater, to allow Legg Mason's final building plans to be presented and reviewed with Sand Key residents. Instead, Legg Mason held the meeting at the Belleview Biltmore Resort where the majority of attendees were not Sand Key residents, and attendance was small.. Take It Or Leave It: Legg Mason conducted two public presentations on Sand Key in February and March before the plans were final in July. At both meetings, residents asked if Legg Mason would consider another redevelopment plan, but that was summarily dismissed with the attitude of "take it or leave it." If Legg 8/25/2008 August 11, 2008 0 Page 3 of 3 Mason had been a good neighbor and engaged the community in a true dialogue, they would have learned that the community welcomes redevelopment of this site within the City's Code and without deviations.. Ideas such as a 4- 5 star restaurant, private beach club, smaller hotel, spa, or, beach villas have been made.. Legg Mason's letter implies that if you do not accept their proposed hotel, your only option is a gas station, liquor store, nightclub or a used car lot. Again, this is another disingenuous response as such uses would be economically unrealistic considering the site is valuable beach front property.. . SON supports the redevelopment of this site within the parameters of the City's Code, but, without the need for deviations and for our community to be engaged in an open and honest dialogue that does not hide the real intentions of the developer. We hope this response has been informative and helpful.. Sincerely, Cynthia L. Remley on behalf of SAVE OUR NEIGHBORHOOD 8/25/2008 Page 1 of 2 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25, 2008 8:22 AM To: Wells,. Wayne Subject:. FW: Planning Commission. approval. of Legg. Mason application. -. this is. so wrong! - - - -- Original Message--- - From:. Harry Artz [mailto:artzs @msn.com] Sent:. Friday,. August 15, 2008 10:26 PM. To:. Harry. Artz;. Hibbard, Frank; Gibson,. Paul; Doran,. John; Cretekos, George;. Watkins, Sherry;. Petersen,. Carlen. Cc:. jofarnham @yahoo.com; RTARSIN @aol.com Subject:. Planning Commission approval of Legg. Mason application - this is so wrong! Mr, Hibbard - We have just learned that the City's Planning Department has issued its final report "recommending" approval of Legg Mason's application for deviations from the code in order to build a 38 room hotel, 165 seat restaurant and place cabanas, grass and pavers on 25 feet of the beach west of the Coastal Construction Control Line at the Cabana Club restaurant site. Why would the planning commission do this. It seems that they have ignored the current code and the community. We know that the CDB is NOT required to follow the Planning Department's recommendation to grant the deviations for the Cabana Club redevelopment. It is to consider and listen to the concerns of the neighborhood, as well. The CDB did just that when it did NOT follow the City Planning Department's recommendation to zone the Shoppes on Sand Key to tourist and, instead, voted to zone them commercial. It does appear that the Planning Department is not in step with our desires and we hope that each of you help us to work through this. We really hope that the Community Development Board overrules this misguided recommendation and sends both the planning commission and Legg Mason back to the drawing board with a clear message that this is not what the community wants, nor is this in keeping with the codes established for the community. It makes no sense for the planning commission and CDB, the 8/25/2008 Page 2 of 2 community, and each of you to not be able to work to a reasonable compromise. The variations requested are outrageous and extreme, and not at all variences within reason. This is so dissappointing and we do hope that you all share your outrage and displeasure with the planning commission. Rarely have we felt so strongly as we have with both the shoppes at Sank Key and the Cababan club issues.. This is so wrong. Harry and Debby Artz Talk to your Yahoo! Friends via. Windows Live Messenger. Find_Out_How. 8/25/2008 . . Page 1 of 2 Wells,. Wayne From: Watkins, Sherry Sent:. Monday, August 25, 2008 8:22 AM To:. Wells, Wayne Subject: FW: Please Say No To Legg Mason Expansion on Sand. Key - - - -- Original. Message - - - - -. From: Daniel [ mailto :dzmoore @tampabay.rr.com]. Sent:. Friday, August 15, 2008 5:53 PM To: Watkins,. Sherry Subject: Please Say No To Legg Mason. Expansion on Sand Key. August 15, 2008 Re: Please Say No to the Legg Mason Request for New Hotel on Sand Key TO: Community Development Board Members. City Manager. Assistant City Manager. Director of Planning My wife and I have been living full time on Sand Key for almost 25 years. The reason we decided on Sand Key was the simple fact it was a private residential beachfront community. When we moved here we expected additional residential condominiums to be built in the future. And as you know, the residential developers eventually completed the total development of Sand Key. Residential yes, commercial no way.. But now, Sand Key Residents are being hammered and hammered and hammered by a commercial developer being financed by the huge investment bank Legg Mason. It appears, as the new owner's of the Belleview Biltmore Hotel located in Belleair, Legg Mason cannot possibly succeed with their Belleair investment unless they convince the City of Clearwater to provide special considerations for a major expansion of their existing restaurant property currently attached to the Cabana Club Condominium, a residential building.. It doesn't surprise me to see an investment banker throw its weight around trying to permanently change Sand Key's residential nature.with a hotel development project. They don't give a darn about their neighbors; they want to make money for their investors, period. However, Sand Key Clearwater residents are fortunate to have the City of Clearwater standing in its path. A true David versus Goliath showdown of the visions for Sand Key. As you already know, Sand Key Clearwater residents oppose the construction of a new hotel property on the south side of Sand Key. Please say no to their requests for the following reasons:. The current location is and has always been a small unobtrusive restaurant; it was originally and purposely built this way because it was located in a residential neighborhood. Legg Mason's plans are way too big and require the use of Public Property for their expansion. Including our fragile renourished beachfront.. The blocked vista views will dramatically and adversely affect the value of already de- valued residential properties. The minimal potential for increased revenue to the City of Clearwater can't possibly justify the permanent 8/25/2008 Page 2 of 2 0 0 disruption to our residential community. The decreasing values of the residential condominiums around this new hotel structure must be considered as an eventual loss of tax revenue. And finally, where does Legg Mason's request end? They want Public Property, they don't really care about their neighbor's objections and they have plans to further disrupt our privacy by operating a ferry service from the Belleview Biltmore to their new Sand Key hotel. Imagine how terrible it will be for all the residents having a new ferry service weaving through the narrow canals of Sand Key.. Obviously, Legg Mason has no concept of the difference between the residential area of Sand Key Clearwater and the tourist area of Clearwater Beach. And if they do know the difference, they just don't carel We sure hope all of you care. Please stand up to these developers and just say no to Legg Mason's hotel project. The City of Clearwater can't be this desperate for revenue. Thank you for your vote in stopping their request. Respectfully, Daniel & Zena Moore Lighthouse Towers Condominium 1290 -305 Gulf Boulevard. Clearwater, FL 33767. 727 - 595 -1251 8/25/2008 Page 1 of 2 0 0 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25, 2008 8:21 AM To:. Wells, Wayne Subject: FW:. Cabana Club. Sand Key - - - -- Original Message - - - - -. From: D &D. Hopkins [mailto:dhop166 @msn.com] Sent: Friday,. August 15, 2008 5:29 PM. To: Watkins, Sherry Subject:. Cabana Club Sand. Key For the Community Development Bd. Aug 19 meet. Re:. Cabana Club Sand. Key Remodel I have reviewed the proposed. redevelopment of the Cabana club... I am not opposed to the redevelopment of the property by Legg. Mason, however it must be. done within existing . codes and standards. am opposed to the granting of any variances from City or State, building or zoning codes for the redevelopment.. . I live. across. Gulf Blvd in the Marina del Rey townhouses, thus I will. be impacted. by any redevelopment.. The City and state codes have been established after due consideration by elected authorities and should be followed. In particular I am opposed to the. variance of any development seaward. of the CCL.. This is a line that is established to reduce. impacts. on coastal erosion. The Cabana Club location is at a more vulnerable area were. coastal. erosion. has occurred. in the. past... When the shore was nourished a few years ago, the shore. line. had eroded up to the seawall at the adjacent Dans Island. condo... The erosion was. continuing toward. the. Cabana Club. property. Due to the public monies. spent to nourish. the beach, the private seawalls were saved.. Construction beyond. the CCL increases. the risk of shore erosion... I am also opposed to the encroachment of a tall. building onto the right -of -way for the Public beach access between the. CC and. Dans. Island. condo. The code. setback must be maintained. on the south side of the property. I am also opposed to any encroachment into the. setback from Gulf Blvd.. Any thing closer than the code allows now would. be. out of character with the existing neighbors.. Thank you. for your interest in serving the City. David Hopkins. 8/25/2008 Page 2 of 2 166 Marina del Rey. Ct Clearwater 8/25/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Monday, August 25, 2008 8:30 AM To:. Wells, Wayne Subject: FW: Legg. Mason Proposal. File #FLD. 2008 -02002 - - - -- Original Message--- - From: Ardith Shipley [ mailto :wonderchef50 @hotmail.com]. Sent: Tuesday, August 19,. 2008.6:51 PM To: Hibbard,. Frank;. Doran, John;. Petersen,. Carlen;. Cretekos, George;. Gibson,. Paul; Watkins, Sherry Subject: Legg Mason. Proposal File #FLD. 2008 - 02002. Dear Mayor, City Council and Community. Development Board Members:. Attached is a copy of our letter to the St. Petersburg Editor that was published on Tuesday, August 19, 2008 which. expresses a very. limited scope of our overall multiple concerns with the proposal of Legg Mason to squeeze a building on to an 88 foot wide lot that requires 200 feet under the City's code. We were shocked to hear that City Planner, Wayne Wells, "recommended" approval of this and all of the numerous other variances requested by Legg Mason.. We thought that variances are only granted when the applicant can establish a need based on safety. or ecological reasons and are minor in scope. That's the way that it has always worked in other places that we have lived. We never dreamed that the City would grant variances that sacrifice our neighborhood and property values so that some out -of -state billion dollar company could flip their property and make a quick profit at the expense of so many. families. Does the City have a policy on granting variances,. or is the only guideline to. give developers exactly what they want and ignore the neighborhood and needs of its citizens and residents? Michael & Ardith. Shipley. Get thousands of games on your PC, your mobile phone, and the web with Windows@. Game with Windows. 8/25/2008 0. 0 Letter to the Editor Clearwater Gazette August 10, 2008 Cabana Club Redevelopment We are homesteaded residents of the Isle of Sand Key, directly east from the Cabana Club which Legg Mason is proposing to redevelop. One of our main concerns with Legg Mason's plans to build a hotel and restaurant at this site and on the existing parking lot is the lack of adequate parking that currently exists. Parking is already a problem with just the restaurant. We have personally witnessed the cars being double parked and exit lanes being blocked in the parking lot where the valet has to move one car to get another one out, and also know of cars being parked illegally at the local tennis courts on the island as well as in our parking lot at the Isle of Sand Key. Legg Mason just snubs its nose at this problem and seems to have no issue with repeatedly paying tickets for the illegal parking. If this is the kind of neighbor Legg Mason is today, then how can they look at us with a straight face and tell us they are only going to provide eight more parking spaces than what currently exists? They try to tell us that they are providing more parking than is needed by a 38 room hotel, but this ignores the fact that their plans include a 165 seat restaurant that will be open to the public, and that guests from the 425 room restored Belleview Biltmore Hotel will want to drive here for the beach or for dinner. To make matters worse, where will the employees and managers of this hotel /restaurant park their vehicles? Do they think we believe all these people will be ferried over in some "water taxi" or shuttled over in a bus? If they can sell the City Planning Department on that one, the City should hire them to solve the parking problem on Clearwater Beach! Better yet, the Mayor may want their advice on mass transit solutions for the entire City!! Michael & Ardith Shipley Page 1 of 1 0 0 Wells, Wayne From: LikeGERE @aol.com Sent:. Thursday, August 21,. 2008 1:58 PM To: Wells, Wayne Subject: (no subject) Dear Mr. Wells,. I am taking the time to write this letter of support for the Belleview Biltmore improvement project because I see it as a genuine benefit to the community. Several months ago a study was conducted to find what would best benefit Clearwater in generating the eroded tourism income. It was determined that more mid priced hotel rooms were badly needed, that past removal of hotels which were replaced by luxury condos had hurt the economy. It appears to me that the addition of rooms at the Cabana Club is a direct positive answer to this dilemma.. I'm really confused as to what the objections TRULY are other than people that have way too much time on their hands that oppose any sort of change! I have visited the web site that is listed on those ugly red protest signs (which I doubt are actually legal in their placement). I sent a friendly email to the address on that web site asking how the project would actually damage or inconvenience them and have received no reply.. I understood their objection to the small strip shopping center south of the Marriott being removed, I could understand that some may walk to the restaurants grocery store etc in that center and that they might be unconvinced if it were no longer there, that to me is logical. I live in Indian Rocks Beach and drive by the Cabana Club frequently both by car and by boat. The Cabana Club property is truly a pleasure to the eyes as compared to the looming concrete jungle of condos that line the beach.. 1 look forward to spending a weekend on the beach and relaxing in a cabana on the sand at the Cabana Club, please do all that is possible to allow this restoration and improvement project to get under way. Best personal regards,. Byron Dougherty It's only a deal if it's where you want to go. Find your travel deal here. 8/21/2008 Page 1 of 1 1* 0 Wells, Wayne From: Bruce Larson [blarson @larsonco.com] Sent: Monday, August 18, 2008 8:16 AM To: Wells, Wayne Sir, please consider this a vote in support for the proposed improvements to the Cabana Club on Sand Key. Bruce Larson 8/18/2008 Page 1 of 1 Wells, Wayne From:. Cynthia Churchward [cindy @churchward.com] Sent: Monday,. August 18, 2008.9:37. PM To:. Wells, Wayne Subject: Legg. Mason development of the Cabana Grill on Sand Key Dear Mr Wells, I am writing to you to express my complete support of the plans by Legg Mason and their proposed development of the Cabana Grill (Beach Club) on Sand Key. It is a rare opportunity indeed to have a developer who is forward thinking and presenting a well thought out design for the redevelopment. of the existing Beach Club property. The new design plans will significantly improve the beauty, functionality and usability. of the current property. An additional point of great importance to consider as well, is the connection of the developer Legg Mason who is also redeveloping the Belleview Biltmore Resort and Country Club. These are all important historical properties that Legg Mason is developing and the significant ties between the properties should not be under estimated or taken for granted. As a citizen of Clearwater for the last 41 years and a current member of the Belleview Biltmore for many years, my. husband and I am in total support of all the current development plans that Legg Mason has proposed for the above mentioned properties.. It has been a sad time indeed to watch the properties deteriorate steadily under the previous ownership and my husband and I welcome the improvement all around as well as appreciate the restoration plans for the Hotel as proud citizens who recognize it's historical signifigance. . I would greatly appreciate you support in this matter that is before you as our representative.. Thank You, Jack & Cynthia S Churchward 1730 Sherwood Street Clearwater, FL 33755. iack@churchward.com or cindy @churchward.com 727 - 458 -4664 or 727-455-5340 8/19/2008 From: Jim Strenski [strenski @jjconsulting.org] Sent: Sunday, August 17, 2008 3:24 PM To: Watkins, Sherry; Wells, Wayne Cc: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Petersen, Carlen Subject: SON Response to SK Residents FINAL (08 11 08) Re: Cabana Club Hotel Plans - -- Please carefully consider the attached response to the 8/6 Martin Smith letter re: Legg Mason's hotel plans. This SON response addresses a variety of important points that deserve, the attention of all CDB members, points not addressed by Legg Mason. May I also respectfully question Legg Mason's last minute postponment of the 8/19 CDB hearing to 9/16/08? It wasn't for lack of a quorum... A nu mber of concerned citizens built their week around the August date. What's to prevent Legg Mason from asking for additional postponments to suit their needs? Don't citizen's needs dererve respect? Thanks for your time. James B. Strenski, #1205, 1200 Gulf Blvd. August 11, 2008 Dear Concerned Neighbors of Sand Key: We are writing to you in response to a letter you may have received from Martin Smith, Managing Director of the Belleview Biltmore Resort. Legg Mason owns the Cabana Club Restaurant property and the Belleview Biltmore Resort. Save Our Neighborhood (SON) is assuming Mr. Smith is speaking on behalf of the owner and his employer, Legg Mason. Mr. Smith's letter is very disconcerting and we will do our best to address each issue that is raised and bring to light issues that are not addressed. Use of the Beach: Legg Mason intends to place canvas cabanas, plant grass and install pavers on 25' of beach property west of the Coastal Construction Control Line (CCCL). The purpose of the CCCL is to protect the beach and property and that is why it is regulated by the state. The cabanas would not be removed at night and only in case of storms. This part of the beach is habitat for sea turtle nests and sea oats. Relying on the legalese argument, Legg Mason is technically correct that this is not a "taking ", but a "use" of the beach because it falls within Legg Mason's property lines. However, we fail to see the practical difference in terms of the effect on the beach. Historically, this is the narrowest part of the beach on the island. Presently, it measures 110' in comparison to the 900' width at the north end of the island. Parking: Legg Mason says that 56 parking spaces on the property exceed the City's code requirement of 38 spaces and the actual parking demand for a hotel of this size. They are correct that the Code requires one parking space per hotel room. What Legg Mason doesn't tell you is that its proposed restaurant is much larger than necessary to serve its hotel patrons. It is defining the restaurant as an "accessory" use and linking it to the Belleview Biltmore Hotel in Belleair to avoid providing parking for restaurant guests. An example of an accessory use restaurant would be "Rusty's" at the Sheraton on Sand Key where the number of hotel rooms exceeds the number of restaurant seats. Legg Mason's July 14th plans show restaurants with 165 seats, which is far more seats than necessary for a 38 room hotel. The restaurant will be open to guests from the 425 room Belleview Biltmore and the public. Applying the common sense test — where do 20 -25 employees, the Cabana Club Hotel guests, the Belleview Biltmore Hotel guests, and the public who frequent the restaurant, park their vehicles? Legg Mason's answer is that it will shuttle its employees and the Belleview Biltmore guests, however, it is disingenuous to claim all employees, managers and hotel guests with vehicles, will use the shuttle. And where will. the shuttle buses park? This is another example of Legg Mason's failure to act as a good neighbor. Our community will suffer the results of insufficient parking. 8/17/2008 August 11, 2008 Page 2 of 3 Height: According to Legg Mason, the proposed hotel is NOT "100 feet tall" or a 10 -story high restaurant/hotel complex." Legg Mason says it is a "boutique" hotel that is only 67 feet high, or 6 stories over one story of parking). Again, Legg Mason is using the Code language to circumvent the answer to the question that the neighbors have been asking for months — How high will the building be? Practical people think of building height from the ground to the top of the roof. Simple math says 14 feet (parking) + 67 feet (building) + 10 feet (to top of roofline) = 91 feet give or take. Using Dan's Island on the south side of the property as a bench mark, the roof line falls somewhere between the ninth and tenth floor of that neighboring condominium building (90'- 100'). Setbacks and Location of Building: It is impossible to build Legg Mason's proposed hotel /restaurant on this small site without numerous deviations from the City's Code. What is not mentioned in their letter is that the City's Code requires them to have a lot 200 feet wide in order to build a structure of the size proposed. In order to squeeze this oversized building onto this small site, Legg Mason is asking for a reduction of the lot width requirement to 88 feet. As a result they also have to ask for more deviations to the code in the form of "setbacks" for three out of four of the property lines: a. The Code requires that the parking lot pavement be setback 25 feet from Gulf Boulevard. They want that requirement reduced to 5 feet. b. On the north side of the building the Code requires them to be set back from their property line, zero to ten feet. They want that requirement reduced to Zero. c. On the west/Gulf side, they want to build the hotel building right up to the Coastal Construction Control Line. The Code requires them to build it back 20 feet. The bottom line is that there is nothing "boutique" or "modest" about this proposed hotel on this site. Dock: Legg Mason says it has deleted all references to the use of the dock on Gulf Boulevard from its pending application "due to the community input and concerns" and after evaluating its options will, once, again address this issue. What Legg Mason does not tell you is: 1) they made an offer to purchase an alternative piece of property on the same canal that has not been withdrawn; and 2) that eleven days after making this statement in their July resubmission of their application to the City, their attorney sent a letter to the Condominium property to which the dock at issue abuts threatening to move forward with an application for the permits and to begin using the dock. Thus, their public statements that they are not pursuing use of the dock at this time is disingenuous. There appears to be no reason to believe that Legg Mason has abandoned an earlier stated intention of ferrying its guests from its 425 hotel rooms at the Belleview Biltmore Resort down a canal that is exclusively residential with private marinas and manatees enjoying a habitat that sustains them. Adverse Financial Impact on Neighborhood: What we fail to see in Legg Mason's letter is any reference to the significant financial harm that will be caused to the home value of over 100 families who live in the residential properties that surround this less than one acre piece of commercial property should this hotel/restaurant be constructed as planned. Concerns of the Community: In addition to the contrary positions Legg Mason has taken publicly and privately regarding its consideration of the "community concerns" on the dock issue, Legg Mason denied a request by SON for a public meeting in July on Sand Key, or even in Clearwater, to allow Legg Mason's final building plans to be presented and reviewed with Sand Key residents. Instead, Legg Mason held the meeting at the Belleview Biltmore Resort where the majority of attendees were not Sand Key residents, and attendance was small. Take It Or Leave It: Legg Mason conducted two public presentations on Sand Key in February and March before the plans were final in July. At both meetings, residents asked if Legg Mason would consider another redevelopment plan, but that was summarily dismissed with the attitude of "take it or leave it." If Legg Mason had been a good neighbor and engaged the community in a true dialogue, they would have learned that the community welcomes redevelopment of this site within the City's Code and without deviations. Ideas such as a 4- 5 star restaurant, private beach club, smaller hotel,. spa, or, beach villas have been made. Legg Mason's letter implies that if you do not accept their proposed hotel, your only option is a gas station, liquor store, nightclub or a used car lot. Again, this is another disingenuous response as such uses would be economically unrealistic considering the site is valuable beach front property. 8/17/2008 August 11, 2008 • • Page 3 of 3 SON supports the redevelopment of this site within the parameters of the City's Code, but, without the need for deviations and for our community to be engaged in an open and honest dialogue that does not hide the real intentions of the developer. We hope this response has been informative and.helpful. Sincerely, Cynthia L. Remley on behalf of SAVE OUR NEIGHBORHOOD 8/17/2008 Page 1 of 1 Wells, Wayne. From: JHornb1929 @aol.com Sent: Saturday, August 16, 2008 7:43 PM To: Wells, Wayne Subject: (no subject) WE CAN NOT IMAGINE ANYONE OBJECTING TO IMPROVING THE CABANA GRILL AND THE HOTEL. THEY SHOULD BE, AS WE ARE, THRILLED TO HAVE THIS HAPPEN. WHAT CAN THEY BE THINKING TO NOT BACK THIS NEW CONSTRUCION AND RECONSTRUCION. WE WERE MEMBERS OF BELLEAIR COUNTRY CLUB FOR MANY YEARS BEFORE MOVING TO THE BELLEVIEW BILTMORE COURSE. WE JUST CAN'T BELIEVE A MEMBER AT EITHER PLACE WOULD OBJECT. TOOKIE AND JOHN HORNBUCKLE Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/17/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent:. Friday, August 15, 2008.8:08 AM To: Wells, Wayne Subject: FW: Case #FLD2008 -02002 - - - -- Original Message---- - From: Julie Pappas [mailto:juliepappas @suncoastsurfrider.org] Sent: Thursday, August 14, 2008 11:15 PM To: Frank.Hibard @myclearwater.com; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject: Case #FLD2008 -02002 Dear Clearwater City Council Members, Good evening. My name is Julie Pappas, I am the chapter secretary of Suncoast Chapter of the Surfrider Foundation. We are an international not for profit organization founded in 1984 whose mission is for the protection and enjoyment of the worlds oceans, waves and beaches for all people through conservation, activism, research, and education. Recently, other not for profit organizations contacted our chapter and presented Case #:FLD2008 -02002 (1590 Gulf Blvd.). In brief, the case is about the reconstruction of the Cabana Club Restaurant site, on Sand Key, and the related ferry boat in the intercostals waterway. Our chapter opposes the building proposed plan of going beyond the allowed variances where it comes to infringing on the public beach immediately west of the site. Encroaching towards the Gulf may inhibit wildlife and shorten the beach. With the buildings being so near to the shoreline the natural beach dynamics may suffer. Closer buildings mean the possibility of more lighting on the Gulf side of the site. Several sea turtles chose the warm sand of Sand Key to nest their eggs this year. False moonlight attracts hatchling sea turtles away from the Gulf. Sand Key, on a regular renourishment schedule, isn't very wide to begin with. But despite this fact, healthy dune habitat can be seen all up and down the beach. According to the case, the plan calls for twenty-five feet of public beach for semi- permanent, private cabanas. Twenty-five feet on what would be healthy dunes, thus more natural armoring, if they would prohibit people trampling it, as they do now. The encroachment may lead to a narrower beach which would lead to, one could suppose, more manmade beach armoring to gain back the protection of the shore. Clearwater is a fine city because folks like you have the say in what matters. Consider the health of the beach when deciding to grant the extended variances on this case. We ask you to personally view the area of concern. And decide on the side of preserving what's natural on the cities proud coastline. Generations of plants, animals and people will benefit far better in the long run. Respectfully, Julie Pappas Suncoast Chapter Surfrider Foundation 8/17/2008 1* 1 Page 1 of 1 Wells, Wayne From: ETCSB @aol.com Sent:. Friday, August 15, 2008.2:20. PM To:. Wells, Wayne Subject: Cabana Club. on Sand Key Dear Mr. Wells, We are writing to express our support for the proposed. new Cabana Club. on Sand. Key. We are. members of the Belleview Biltmore Resort and. have every reason to believe that the proposal would be done tastefully.... We are sorry to see what has become of Sand Key (High rise condos) and think that a small hotel. would be a good thing.. Sincerely, Sally & Blaine Duggan 2118. Egret Drive Clearwater, FL Looking for a car that's sporty, fun and fits in your budget? Read reviews on_AOL Autos. 8/17/2008 Page 1 of 1 0 9 Wells, Wayne From: Watkins, Sherry Sent:. Friday, August 15, 2008 12:34 PM To: Wells, Wayne Subject:. FW:. Cabana Club. Sand Key - - - -- Original Message - - - - -. From:. D &D Hopkins [mailto:dhop166 @msn.comJ Sent: Friday, August 15, 2008 10:57 AM. . To: Watkins, Sherry Subject: Cabana Club Sand. Key Re:. Cabana Club Sand. Key Remodel. I. have reviewed the proposed redevelopment of the Cabana club. I am not opposed to. the redevelopment of the property. by Legg Mason, however it must be done within existing . codes and standards.. I am opposed to the granting of any variances from City or State, building or zoning codes for the redevelopment. I. live across Gulf Blvd in the Marina del Rey townhouses, thus I will be impacted by any redevelopment.. The. City and state. codes. have been established after due consideration by elected. authorities and. should be followed.. In particular I. am opposed. to the variance of any development seaward of the CCL.. This is a line. that is established to reduce impacts. on. coastal. erosion.. The Cabana Club location is at a more. vulnerable area were. coastal. erosion has occurred. in. the past. When. the. shore. was nourished a few years ago, the shore line had eroded up to. the. seawall. at the adjacent Dans Island. condo. The. erosion was continuing toward the Cabana. Club property. Due to the. public monies spent.to nourish the beach, the private seawalls were saved .. Construction beyond the CCL increases the risk of shore. erosion... I. am also. opposed. to the. encroachment of a tall building onto. the right -of -way for the Public beach. access between the. CC and Dans Island condo.. The code setback must be maintained. on the south side. of the property. Thank you. for your interest in serving. the. City.. David. Hopkins 166 Marina del. Rey Ct . Clearwater 8/17/2008 Page 1 of 1 0 9 Wells, Wayne. From:. james sarafolean Dim- arlenesarf @sbcglobal.net] Sent:. Friday, August 15, 2008 10:47 AM To: Wells,. Wayne We just wanted to let you know how excited we are about the improvements to the Cabna Club on Clearwater Beach. Jim & Arlene Sarafolean 8/17/2008 • Wells, Wayne From: Watkins, Sherry Sent: Friday, August 15, 2008 2:36 PM To: Wells, Wayne Subject: FW: Legg Mason Sand Key Proposal ----- Original.Message ----- From: Chris.Evans. [ mailto :evans.chris0l @comcast.net] Sent: Friday, August 15, 2008.2:32 PM To: Watkins,.Sherry Subject: Fw:.Legg Mason Sand Key Proposal • From: Chris Evans [ mailto :evans.chris0l @comcast.net] Sent: Thu 8/14/2008 6:21 AM To: Gibson, Paul; Doran, John; Cretekos, George;. Hibbard, Frank Subject:. Legg Mason Sand Key Proposal This.plan is ludicrous and I hope you recognize it as such. The proposed variances are far beyond reasonable constructing an unsightly edifice which is inconsistent with the architecture on Sand Key... Yes,.the sight. is currently zoned commercial.but for a VERY SHORT. building within city ordinances and in fitting with the surrounding area NEIGHBORHOOD.. I. live at.The Harbour South and can't.help.but wonder if the proposed boat /foot traffic.meets.safety codes and is. wheelchair accessible. The - volume of traffic is. inconceivable considering the pathway next to our pool. PLEASE BE A RESPONSIBLE REPRESENTIVE OF THE CITIZENS.AND NEIGHBORS. OF SAND KEY AND VOTE "NO" TO LEGG MASON VARIANCE PROPOSALS. WE LIKE OUR NEIGHBORHOOD.AS IT.IS.. IF. I.WANTED A TOURIST. AREA I COULD HAVE BOUGHT. ON CLEARWATER BEACH. Thank you, Maria Evans 1531 Gulf.Blvd.. #401 Sand Key 33767 1 Wells, Wayne From: rhodescollege @aol.com Sent: Friday, August 15,. 2008 2:57 PM To: Wells, Wayne I support Legg Mason and their plans for the beach hotel. Tom Clary • 0 "77-Y te "7.27 S2! FAV S?-7073-3V Fee Z Z 4; / eJ f Ica 0- Qon Rc-vi o&&jce s om r v C1-NA&?tr1a rte., F4. , ?rk 5 U Aj r r is 7 C� s T ?'� 7 Prd:� Flo 5 46 Uj, re-.64 V47- �f+�' ltdT L ,4e�o /A'C`S 1 b ehA J I LO 6 . 13c: A GeCO?- 7'b 009 646FWA d4 uO A kAJ"oel rr ot= 7W ('ovl�v.S 4 jC6 !AJ C"9-4114W, OF 770 G°Dd/S ��7TG'lu � �' YOU12 /><t�7'�►IU G �u� �� 7!a � �c.L =A-'� lb'� 11J AjfsasrotmwlD- kP(VUe"kc�i Ta 01) �- ,Pig, Mao '/ AUG 1.5 2008 Id WcEb:i0 8602 ST '6nt! STZ8- b9b -1.Z4: 'ON XUA 033 AlINMWOO A1N(IOO St'1-13NId: W08-1 f , August 14, 2008 • TO: City of Clearwater ATTN: Michael Delk and Cynthia E. Goudeau FROM: Patricia A. Hayes SUBJECT; City Public Hearing Notice dated August 19, 2008 • V�, 2008 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT In reference to your notice , no date, pertaining to Belleview Biltmore Owner, LLC. Consideration for sawing the tax payer and the City of Clearwater funds City Government should take proposed bids by other than one city planner, i.e., Wayne Wells and proposal of a three limitation for city planners to allow and provide considerable planning and development. The proposal being made should be billed to the individual or company making the proposal and not to the tax payer or the City of Clearwater. Authorization should then go through channels and not just a city council meeting. The proposal should also be addressed to local and permanent residents of the community being affected by such action. Home owners .under this particular proposal are very concerned citizens whom most do not know or are unaware of what the Florida Statute 286.0105 entails and what the repercussions might be or the technicalities of the Statute and the proposal at hand. Consideration of the above and amendments to the proposal should there be a delay should be addressed. This Community Development which it is not is a mis- representation of-what a democracy stands for and has gone so far as making it as a proposal should have been stopped some time ago. I hope that City Government and the concerned citizens of this community are heard and listened to for what they have to say as that is more important than an Assigned Planner and the person or business that he /she represents. Sincerely, Patricia A. Ida e y 1621 Gulf Boulevard, �# 1004 Clearwater, FL'. 33167: ( ' F-, I r ;7:VELOPMEI it Page 1 of 1 • i Wells, Wayne From: Russ Schoenherr [rchoenherr @wowway.com] Sent: Thursday, August 14, 2008 11:55 AM To: Wells, Wayne Subject: Cabana Club Improvements Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area.. Russ & Marilyn Schoenherr 8/15/2008 From: Watkins, Sherry Sent: Thursday, August 14, 2008 12:36 PM To: Wells, Wayne Subject: FW: Cabana Club Hotel - - - -- Original Message---- - From:. Al Lijewski [mailto:alijewski @medcf.com]. Sent: Thursday, August 14, 2008 10:24 AM To:. JanBchNews @aol.com; Hibbard, Frank; Gibson,. Paul;. Doran, John; Cretekos, George;. Watkins, Sherry;. Petersen, Carlen Cc:. Cynthia @ProRemLaw.com; Jofarnham @yahoo.com Subject:. Re:. Cabana Club Hotel TO ALL,. As the founder and. first president of the Sand. Key Civic Association and a resident of Sand Key for more. than twenty years,. I can. personally attest to. the. fact that we have had literally hundreds of Sand. Key residents . who have served the. best interests of our city in. the past and. still continue to do. so. They have. donated thousands of hours to. work on. projects to improve our community. Their accomplishments include the beach re- nourishment, permanent easements on private property to allow all to enjoy our beautiful beach, underground. utilities, public parking, a fire station to reduce the response. time, a public park, holiday street lighting paid for the its citizens, substantial improvement in the beach. area. just north of the Sailing center, just to name a few. In addition, the Sand. Key. Civic Association, in concert with other civic associations took over the responsibility of operating the. Jolly Trolley, substantially improving its service to the community, improving its financial situation and making it an icon for Clearwater Beach.. I mention. all of this to re- enforce the fact that our community on Sand Key is civic minded and has repeatedly demonstrated its willingness and ability to work long and. hard. for projects that benefit the community at large. It also. demonstrates beyond question that our community is not opposed to. change; we were instrumental in making the. changes previously mentioned.. Which brings us to the. proposed. Cabana Club. hotel, which, if allowed, will trample on the rights of its neighbors.. Please compare their proposed changes, that would benefit a select few, to the changes made. to date that continue to benefit the entire city. The requested variances for this project are an insult and. a complete disregard for the. rights of those who have. complied with the existing rules and regulations. Please. do not trample on the rights of so. many who have. and still. continue to work for the benefit of the entire community. Al Lijewski 1600 Gulf Boulevard, Suite 1013. Clearwater, FL 323767. 727/492 -0055. On 8/13/08 7:21 PM, "JanBchNews@aoI.com <Jan Bch News @aol.com> wrote: CouncdC Rembers: I have been a resident o f Sancf�ey since 1991 residing in (Dan's 8/15/2008 Re: Cabana Club Hotel . • Page 2 of 3 Island that is the neighboring building to the proposed new Cabana Club hotel. As the current structure has been an on going source of controversy due to its continued deteriorated condition, it would be a welcome change to have the property improved with upscale renovations. Ylowever, the proposed building does not conform to the building envelope in any aspect. Building codes, regulations, setbacks, etc. are an integral part of a community's design to maintain continuity and assure neighbors's rights are not infringed upon or subjected to devaluation. A governing body such as yourselves is elected to oversee that these regulations are adhered to and any deviations are in the best interests of all............ not a chosen few. In your Notice to the Public of the upcoming hearing application, it is pointed out that the required building lot size (by code) requires a 200 ft. wide lot. Granting a variance to construct this structure when only 88 ft. is available is preposterous. This is not a variance, this is a total disregardfor the laws, regulations and what is appropriate for the site and the community as a whole. A building of this magnitude would certainly be intrusive to the neighboring lots. Of course, insult is added to injury to further the request to exceed 3 times the height restriction and requesting zero setbacks from property lines. Variances are usually considered in hardship cases or where a few feet are needed to complete the design. This is not a hardship case - it is an "I want" scenario so I can do 'Big Banner" advertising on web sites, travel brochures, etc. Tes, as pointed out above, an improved /renovated, beach c1u6 restaurant would 6e welcomed.. But, this Cot does not accommodate the proposed plan.. Even more so, appropriate parking for a 125 seat restaurant plus a 40+ seat outside 6ar andgriffin addition to the 38 room hotelis non- e.Xistent. One of the reasons, the e*ting Cabana CCu6Restaurant was never successfufwas due to the parking pro6rem. Now youffhave residents affafong Guff Blvd (6eyondSand Key) and hotefpatrons from the 425 room Beffeair Beffeview Biftmore coming to the location with truly inadequate parking. Bretty soon, a stop fight will need to 6e installed to control the flow of traffic. 8/15/2008 Re: Cabana Club. Hotel Page 3. of 3 Allowing construction up to and beyond the seawall can have serious impact on the integrity of the seawall as well as interfere in any future needed reinforcements and /or repairs.. This willaffect neigh6oring properties should the seawall6ecome compromisedat any time. The installation of cabanas on the 6each should 6e afrowedfor everyone andevery compk if this is to 6e considered.. Yfowever, the request to install pavers and canvas cabanas on 25' of beach property west of the Coastal Construction ControlLine not only interferes with the sea turtle habitat andsea oats, it is in opposition to FEW,4 guidelines and the requirements to qual fy for our beach renourishment project. Should this application 6e approved, it will demonstrate the City of Clearwater and its council members do not represent its citizens or have any respect for our codes or regulations.. Tou are in office to represent the best interest of the taxpayers and our neigh6orhoods. For my neighbors in Dan 's Island andSandYey alike, I urge you to 6e realistic of what is appropriate and in the interest of all ,fan 9V. Newsome (Dan's Island #813 1600 G4f Blvd. Clearwater, FL 33767 727 -596 -1108 Looking for a car that's sporty, fun andfits.in your 6udget? dead reviews onAOLAutos <htty &au.tos aol com /cars- O.IMW- 128 - 20080 -.=ems rt- review? ncid= aolaut00050000000017> . 8/15/2008 0 • Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 12:37 PM To: Wells,.Wayne Subject: FW: Cabana Club Restaurant - - - -- Original Message---- - From: secssp @tampabay.rr.com [mailto:secssp @tampabay.rr.com] Sent: Thursday,.August 14,.2008.11:50.AM To:.Hibbard,. Frank Cc:. paul .gibson @clearwater.com;.Doran,. John;.Cretekos,.George; Watkins, Sherry; Petersen,.Carlen Subject:. Cabana C1ub.Restaurant The proposed changes in zoning are ridiculous We are talking a residential neighborhood not a downtown commercial. location Our.beach would be compromised,.our . lifestyles. would be compromised,. our values. would be denied and given to the highest bidder Frankly, I. don't believe this is even be considered? Please tell us all.that we won't lose our beachfront to. "forced ".erosion and /or allow even more autos in a too.limited parking area, we've been here paying our taxes.for many years..We represent a large percentage of. tax dollars and voting power. Do not dismiss our concerns. Thank you Sharon Pettit; Cabana Club 1 LANDMARK TOWERS AT SAND KEY CONDOMINIUM ASSOCIATION, INC 1230 GULF BLVD. SAND KEY, FLORIDA 33767' August 12, 2008 Reference: Case# FLD2008 -02002 (1590 Gulf Blvd.) Honorable Frank Hibbard, Mayor City Council Members Sherry Watkins City Hall 112 S. Osceola Street Clearwater, FL 33758 Dear Honorable Frank Hibbard, Mayor: E I am writing to you today not to oppose hotels on Sand Key, but to oppose variances that will eventually damage the island of Sand Key. The CDB should take into serious consideration, the permeable land which will be lost for the pilings and foundations to such a large structure proposed by Legg Mason for the size of the property available to be further developed. The increased blacktop for the parking area also must be factored in. This area of Sand Key is the narrowest part and is very vulnerable to storm surges breaching the area and undermining the boulevard and possibly dividing Sand Key in two. Who assumes the responsibility if such consequences occur? Isn't it the city planners and building department for permitting this over development in such a geographically sensitive area? The city forefathers had reasons for the Building and Zoning Codes, not to ignore them, and effecting a whole new code which may endanger the current residents and property. Are the tax dollars you are looking to gain really worth this risk? Taxpayer monies from the federal level were used to pay for beach renourishment on Sand Key and for Legg Mason to assume they can utilize the beach area of 25 feet by an unknown length is unfair to the residents of Sand Key who access these beaches via the public walkways which was required because of the use of federal funding. This is a situation that Legg Mason wants to have private business financial gain at the cost of the taxpayers. Respectfully yours, Arlene Musselwhite President, Landmark Towers Page 1 of 1 Wells, Wayne From:. Watkins, Sherry Sent:. Thursday, August 14, 2008.12:37. PM To: Wells, Wayne Subject: FW:. FLD. Case # 2008/ 02002.1590. Gulf Blvd. - - - -- Original. Message - - - - -. From: ARLENEMUSS [mailto:arlenemuss @aol.com]. Sent: Thursday, August 14, 2008 12:02 PM To:. Watkins, Sherry Subject: FLD Case #. 2008/ 02002 1590. Gulf. Blvd. Dear Ms. Watkins,. Could you please forward. the attached letter which I have. sent as president of Landmark Towers on Sand. Key. I. have serious concerns about the proposed variances. Legg. Mason has asked for.. appreciate. your assistance in getting my letter to the Mayor, the City Council. Members and Nick Fritsch and the CDB. I am in New York until August 18 so I. did not have my Letterhead. to. use.. Thank you very much, Arlene Musselwhite It's time to. go back to school!. Get the latest trends and gadgets that make the grade on AOL Shopping. 8/15/2008 • Wells,. Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008.12:37 PM To: Wells, Wayne Subject: FW: Legg Mason Sand. Key Proposal - - - -- Original Message---- - From: Doran, John Sent: Thursday, August 14, 2008 12:07 PM To: 'Chris Evans' Cc: Watkins, Sherry; Manni, Diane Subject: RE: Legg Mason Sand Key Proposal Ms. Evans: • Thank you for your comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council. To date, there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council I have copied your email to. Sherry Watkins in the Planning Department; she will make it available to the CDB, as is most appropriate. There will an. opportunity for personal public input at the CDB meeting on August 19, at which time you can. address the CDB on this matter, in person, should you choose. john doran Clearwater City Council Florida has a very. broad public records law. Most written communications to and from government officials regarding government business are public records. available to the. public and to the media upon request. Your e -mail communications may be subject to public disclosure. - - - -- Original. Message---- - From: Chris Evans [mailto:evans.chris01 @comcast.net] Sent: Thursday, August 14, 2008 6:22 AM To: Gibson, Paul; Doran, John; Cretekos, George; Hibbard, Frank Subject:. Legg Mason Sand. Key Proposal This plan is ludicrous. and I hope you recognize it as such.. The proposed variances are far beyond reasonable constructing an unsightly edifice which is inconsistent with the architecture. on Sand. Key.. Yes, the sight is currently zoned commercial. but for a VERY SHORT building within city ordinances and in fitting with the surronding area. I live at The Harbour. South and can't help but wonder if the. proposed boat/foot traffic meets safety codes and is wheelchair accessible.. The volume of traffic is inconceivable considering the pathway next to our pool. PLEASE BE A RESPONSIBLE REPRESENTIVE OF. THE CITIZENS AND NEIGHBORS. OF SAND KEY AND VOTE "NO ". TO LEGG MASON VARIANCE PROPOSALS. Thank you, Maria Evans 1531 Gulf Blvd. #401 Sand Key 33767. • 0% . • Ultimar Three Condominium Association, Inc. 2560 Gulf Boulevard, Clearwater, Florida 33767 Phone (727 -595 -7900 Fax (727 -596 -1631) ORIGINA WCEIVED August 14, 2008 AUG 14 2000 Community Development Board PLANNING ra%MENT City of Clearwater, CITY OF aEAf WAI'rM 112 South Osceola Ave, Clearwater, Florida Re: Legg Mason's Plans to Build a Hotel at 1590 Gulf Blvd, Site of the Cabana Club Restaurant To the Community Development Board, We wish to inform you that on August 13, 2008, the Board of Directors of the Ultimar III Homeowners Association unanimously passed a resolution to OPPOSE all of the variances requested in Legg Mason's application in order to build a hotel in our residential neighborhood. Our condominium property is located at 1560 Gulf Blvd adjacent to the Cabana Club property. We represent 100 resident owners at Ultimar Ili. Please introduce our objection to Legg Mason's application as a part of the pubic hearing scheduled for Tuesday, August 19, 2008 in the City Council Chambers. Specifically, we object to Legg Mason's application seeking approval for multiple and significant variances to build a 38 -unit hotel with an appro)amate 165 seat accessory restaurant If approved, a transformation of our residential neighborhood will be launched bringing with it increased building density, additional commercial activity, traffic, and beach intrusion. We believe we have examined this issue objectively and what we see is an attempt to increase the value of the subject property for resale purposes. Consider for a moment, what is requested: • . a reduction to the north side setback; • a reduction to the west rear setback, a reduction to the east front setback; • a reduction to the east front perimeter buffer, • a reduction to the north side perimeter buffer, • a reduction to the width of the interior landscape islands; • an. unrealistic height increase that wall result in a 9 or 10 story building; and, and 25 feet of beach area seaward of the Coastal Construction Control Line for cabana that will not be taken down overnight We submit that if you grant such extreme variances, you will be setting a slippery slope precedent that will invite similar overreaching developer GIs throughout Sand Key. - That said, we would welcome redevelopment on this site within the Citys Code and without deviations. Ideas such as a 4 or 5 star restaurant, a private beach dub, a smaller hotel, spa, or beach villas have been suggested. Please consider this action of our Board of Directors as an important representation of the adacent property owners who seek only to preserve our residential neighborhood. our property values, our safety, and our environment Yours CLAI V, qT�U� ( ULte Ultimar Three Condominium Association, Inc Board of Directors C: City of Clearwater, Director of Planning 0 0 Wells, Wayne From: Bridget Lopez [Bridget_Lopez @dcf.state.fl.us] Sent: Thursday,. August 14, 2008.1:27. PM To: Wells, Wayne Subject: Legg Mason and the Cabana Project [or pic13290 Jpg "I support Legg Mason and the Cabana project." Thank you very much, Bridget Lopez (Embedded image moved to file: pic13290.jpg) NOTICE: Florida has a broad public records law. Most written communications to or from state officials are public records that will be disclosed to the public and the media upon request. E -mail communications may be subject to public disclosure. 1 Page 1 of 1 0 0 Wells, Wayne From: bbandsb306 @comcast.net Sent: Thursday, August 14, 2008 2:21 PM To: Wells, Wayne Subject: FW: re: Cabana Club Permits -------- - - - - -- Forwarded Message: -------- - - - - -- From: bbandsb306 @comcast.net To: Wayne.Wells @myclearwater.com Subject: re: Cabana Club Permits Date: Wed, 13 Aug 2008 19:19:55 +0000 Just so you know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. It is owned by our association and the plans we have seen can only improve the Cabana Club as well as the area.The improvements will also add a couple of great restaurants which the area needs. Please approve the permits so this project can move forward. Thank you. Bill and Shirley Barnhart 8/18/2008 Page 1 of 1 0 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 2:28 PM To: Wells, Wayne Subject: FW: FLD2008 -02002 (1590 Gulf Blvd) - - - -- Original Message---- - From: Mary Reinhardt [ mailto :eagleflying @earthlink.net] Sent: Thursday, August 14, 2008 1:22 PM To: Watkins, Sherry; Hibbard, Frank; Doran, John; Cretekos, George; Gibson, Paul; Petersen, Carlen Cc: JoEllen Farnham; Cynthia Remley Subject: FLD2008 -02002 (1590 Gulf Blvd) Dear Mayor, Council Members and CDB, Although I am not opposed to Legg Mason's right to construct on the property at 1590 Gulf Blvd, I am totally opposed to the excessive variances (deviations) that they are requesting in terms of size, height, parking and setbacks. Their request to use property 25 feet seaward of the CCCL is totally inexcusable. According to Dr. Nicole Elko: The. Erosion Control Line. (ECL) now acts as the property line between upland private and state /public beach land. The distance from the CCCL to the MHWL at 1590 Gulf Blvd is presently approximately 110 ft.. The distance from the. CCCL to the. MHWL at the Sheraton Resort is 900 ft. This shows how narrow the beach is at 1590 Guf Blvd. This area is the most fragile part of Sand Key and would be the most likely to suffer the worst damage to the island in a severe storm. Past history of beach erosion has shown that the beach erodes in this area and sand shifts to the north. Legg Mason has stated in a meeting at the Belleview Biltmore on July 8th that the "boutique hotel" and amenities are IMPORTANT to the success of the historic hotel in Belleview. Why should the government of Clearwater put itself at risk to further the success of a corporation whose main focus is in Belleview? It appears that any advantage in tax revenue would go to Belleview rather than to Clearwater. I strongly urge that the Community Development Board deny the extreme variances requested by Legg Mason. Sincerely yours, Mary Reinhardt 8/18/2008 Page 1 of/ L 0 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 4:23 PM To: Wells, Wayne Subject: FW: Cabana Club Employees' Parking Tickets at Bay Park - - - -- Original. Message ---- -. From: Kenneth G. Protonentis [mailto:Ken @ProRemLaw.comJ Sent: Thursday,. August 14, 2008 4:16 PM To:. Hibbard, Frank; Doran, John;. Petersen,. Carlen; Cretekos, George;. Gibson, Paul Cc:. Watkins, Sherry. Subject:. Cabana Club Employees' Parking Tickets at Bay Park Dear Mayor Hibbard, City Commissioners and Community Development Board ( "CDB ") Members: As Legg Mason's application for multiple and significant deviations comes before. the CDB for a final decision, I think it is important that you understand how limited and how problematic. the current parking situation is at this less than an acre site.. It is also important that you understand how Legg Mason circumvents the City's parking rules for its employees. On Friday evening May 2, 2008 about 7:30 pm and shortly before sunset, my wife and I walked across the street to the Cabana Club Bar & Grill where there are 2 restaurants, one formal, and one casual upstairs with the James Peterson Blues Band playing on Friday night, the same band that has been playing there on Fridays for over a year. We met the Maitre. D', Michel, as we entered the lower level. We have known Michel for many years and have been members of the Dining Club that was established in 2002 when the restaurants reopened. We went upstairs to. enjoy the live entertainment and ordered our food and a bottle of wine after securing the last available table. About 30 minutes later the general manager, Martin Smith. appeared in shorts and a Belleview Biltmore golf shirt.. He. came over and sat down with the people at the table right next to us. After some conversation, he looked over at us, stood up and stepped over to talk with us. We also stood up, shook hands and talked, hearing about his enjoyable afternoon on the golf course.. My wife relayed to Martin that she and I had just been talking about the terrific job that Michel has done in bringing in business through the casual outdoor restaurant with live entertainment, and how great a treat this has been for the locals. Martin responded that yes it was great, in fact so great that management has its employees park in the parking lot of Bay. Park, which is just north of 1581. Gulf Boulevard on the intercoastal side.. Martin added that lately he has had to write $20 checks every night to cover the parking tickets his employees have been getting from the City for parking in Bay Park. Martin said that he did not know what happened or why his employees are getting parking tickets now, because previously it was not a problem.. He speculated that maybe the City changed its rules to no parking after dusk... We concluded our conversation cordially, and Martin went back to the next table carrying on a conversation with the people sitting there. The clock said 9:00 pm when we returned home. Bottom line is that the parking has been inadequate for the existing restaurants which seat slightly fewer people than the proposed restaurant will, excluding the existing banquet room upstairs that is seldom used. Adding only 6 more parking spaces will definitely not solve the parking problems for a 165 seat restaurant, a 38 room hotel, guests arriving at the beach from the 425 unit hotel complex in Belleair, and the 20 or more employees servicing the hotel and restaurant. An additional neighborhood concern is that allowing commercial parking use at Bay Park will jeopardize future 8/18/2008 Page 2 ofl Z— 0 0 funding for beach renourishment projects and may cause Pinellas County to have to refund monies already received for beach renourishment projects, if such funds are not already in jeopardy due to the. parking restrictions being mocked by Legg Mason. We need to. preserve and maintain our public beach, and we cannot risk losing desperately needed funds by condoning unauthorized commercial parking on public. land. It is also my understanding that the City. Planning Department may recommend approval of Legg Mason's plans because of the erroneous belief that there will be no parking problem because Legg Mason will use a water taxi to ferry guests back and forth from the mainland hotel in Belleair... I am the Commodore of the Harbour Yacht Club. of Sand Key, Inc. and a Director of the Harbour Condominium Association, Inc., the entities that respectively own the docks and real property across which Legg Mason now wants a commercial easement.. I respectfully submit the attached opinion from our attorney, which clearly establishes that Legg Mason has absolutely no easement rights to a dock or a right of way across our private residential property.. Legg Mason has not produced any documents in this file as of July 14, 2008 establishing that they own any property or have any ownership rights to a dock or property from which a commercial water taxi can be operated. I respectfully request that you deny. all of the deviations from the Code that are being requested by Legg Mason and that you. encourage them to redevelop this site within the Code, and without requests for variances. Thank you. Kenneth G. Protonentis PROTONENTIS & REMLEY, P.A.. I591 Gulf Boulevard, Penthouse 2. Clearwater, Florida 33767 -2997 Office:. (727) 596 -3435. Facsimile: (727) 596 -2076. Cell: (727) 215 -9700 Email: Ken (ProR.emLaw.com . www.ProRemLaw.com Confidentiality. Note The information contained in this communication may be confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are. hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re- send this communication to the sender and delete the original message and any copy of it from your computer system.. Thank you. 8/18/2008 Page 1 of 1 1* 0 Wells, Wayne From:. Walt Poff [waitpoff @gmail.com] Sent:. Thursday, August 14, 2008.5:07 PM To:. Wells, Wayne Subject: Cabana Club Dear Mr.. Wayne. Wells. Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Thanks and. Very Best Regards, Walt Walter Poff, P.E. 8/17/2008 Page 1 of 1 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:59 AM To: Wells, Wayne Subject: FW: Case #: FLD2008 -02002 (1590 Gulf Blvd.) - - - -- Original Message---- - From: Wanda Marzouk [mailto:wandamarzouk @yahoo.com] Sent: Thursday, August 14, 2008 1:10 AM To: Watkins, Sherry Subject: Case #: FLD2008 -02002 (1590 Gulf Blvd.) We are home owners in Ultimar 3 (1560 Gulf Blvd.) and our unit overlooks the Cabana Club. We strongly object to the approval of any variances to change the use of the mentioned property. Any change would have a negative impact on our property values and drastically obstruct our views. Such use would bring noise and more traffic. Also, increase the parking problem, as it is now, our guests have to park across the street in the town park. We ask that the City Council reconsider these variances and zoning changes. Respectfully, Youssef and Wanda Marzouk 8/14/2008 Page 1 of 1 9 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:59 AM To: Wells, Wayne Subject: FW: Case #FLD2008 -02002 (1590 Gulf Blvd.) - - - -- Original Message---- - From: lorrainemwasserman @comcast.net [mailto:lorrainemwasserman @comcast.net] Sent: Wednesday, August 13, 2008 11:05 PM To: Hibbard, Frank Cc: Watkins, Sherry Subject: Case #FLD2008 -02002 (1590 Gulf Blvd.) Dear Mr. Hibbard, I am writing this letter with hopes some one can do something about our gorgeous view that may me ruined for pure profit. We have lived at Dan's Island for 17 years, and would love to continue living there, if we have the view we paid for. We don't want another Miami at Sand Key Beach, we do not need buildings sky high. We have a perfect little beach, and we all want to keep it that way. The parking will be a problem, we don't need hundreds of people using it as a public beach, and that's what will happen. We are pleading that this ridiculous request/project is stopped immediately. Thank you. Sincerely, Lorraine M & Don Wasserman PH 3 8/14/2008 Page 1 of 1 Wells, Wayne From:. Watkins, Sherry Sent: Thursday, August 14, 2008.7:58. AM To: Wells, Wayne Subject: FW: Legg. Mason Project: 1590. Gulf. Blvd. - - - -- Original Message---- - From: RTARSIN @aol.com [mailto:RTARSIN @aol.com] Sent: Wednesday, August 13, 2008 8:40 PM To: Watkins, Sherry Cc: Frank .Hibbard @my.Clearwater.com; Gibson, Paul; Cretekos, George Subject: Legg Mason Project: 1590 Gulf Blvd. Mr. Mayor, Members of the City. Council and Community Development Board, I. have. read. the. warnings posted by S.O.N., as well as the Letter to the Editor of the Clearwater Gazette written by Martin. Smith of the Belleview Biltmore,. and. the rebuttal by S.O.N. I have. to agree with the latter, because have heard Mr. Smith and. Legg. Mason's attorneys speak on at least three occasions, and the story is never the same. On one. occasion,. they described a small, fashionable "Boutique Hotel ", and at the next meeting, Mr Smith. stated: "If we are to compete with international tourist destinations like. Dubai "..A big stretch from a tiny little boutique hotel. and restaurant.. He also promised vast riches. from such enterprises which would be of great benefit to our children and their education. I was reminded of the. biblical story about Christ: after fasting forty days in the. desert he was approached by SATAN,. who promised. Him a huge banquet and unimaginable riches if only...... don't want my home turned into Dubai, a point I made at that meeting. I don't want my neighborhood turned . into an. international tourist designation, nor. do I want the gambling, prostitution, conspicuous consumption, and excesses that go along with it. I don't want palm tree shaped. islands in the Gulf. I, as well as all Sand Key residents, depend on you to. enforce the existing code and not let developers turn our homes into whatever can make. them the. most money. Minor variances to. make an improvement are acceptable, but do not allow them . to rewrite the code to steal our beach,. our waterways, and our way of life.. Bob. and Anne Tarsin. 1200 Gulf Blvd.. Looking. for a car that's sporty, fun and fits in your budget? Re_.ad_ reviews on_AOL Autos.. 8/14/2008 • Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008.7:58 AM To: Wells, Wayne Subject: FW:. Case #: FLD2OO8 -02002 (.1590 Gulf Blvd. ) • - - - -- Original message ----- From:.Yong Sun [mailto:y_sun @yahoo.com] Sent:.Wednesday,.August 13, 2008 8:26 PM To:.Hibbard, Frank;.Gibson,. Paul;. Doran, John;. Cretekos, George; Watkins, Sherry; Petersen, Carlen Subject:. re:.Case. #:. FLD2008- 02002. ( 1590. Gulf Blvd. ) Hi. Everyone, I. appreciat.if. you can have a look of.my concern about the new Legg. Mason's hotel. The size of.the proposed building is too.big.for the lot because.they only have 88.feet to build on and the code requires a 200 foot wide lot. The height of the. proposed building is. too tall. The. code. limits, them to 25. feet and building something 100 feet or 10 stories.high will hurt surrounding property values. There. is not enough parking now. Adding a 38. room hotel.but only 8 parking spaces makes the problem worse. Taking 25 feet of public beach restored with taxpayers'.dollars.should be stopped. ..... operating .a ferry boat for.guests.from over 450 hotel rooms on a canal where all of.the.properties.are residential. Thanks, Yong Sun 1 Page 1 of 2 0 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:58 AM To: Wells, Wayne Subject: FW: Cabana Club Hotel - - - -- Original Message---- - From: JanBchNews @aol.com [mailto:JanBchNews @ aol.com] Sent: Wednesday, August 13, 2008 7:22 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Petersen, Carlen Cc: Cynthia @ProRemLaw.com; Jofarnham @yahoo.com Subject: Cabana Club Hotel Counci[Wembers. I have been a resident of SandKey since 1991 residing in Dan's Island that is the neighboring buifdiing to the proposed new Cabana Club hotel As the current structure has been an on going source of controversy due to its continued deteriorated condition, it would be a welcome change to have the property improved with upscale renovations. Yfowever, the proposed building does not conform to the 6uifding envelope in any aspect. Building codes, regulations, setbacks, etc. are an integralpart of a community's design to maintain continuity and assure neigh6ors's rights are not infringed upon or subjected to devaluation. A governing body such as yourselves is elected to oversee that these regulations are adhered to and any deviations are in the best interests of all........... not a chosen few. In your Notice to the Public of the upcoming hearing application, it is pointedout that the required building lot size (by code ) requires a 200 ft. wide lot. Granting a variance to construct this structure when only 88 ft. is available is preposterous.. This is not a variance, this is a total disregard for the laws, regulations and what is appropriate for the site and the community as a whole. A building of this magnitude would certainly be intrusive to the neighboring lots. Of course, insult is added to injury to further the request to exceed3 times the height restriction and requesting zero set6acks from property lines.. Variances are usuaffy considered in hardship cases or where a few feet are needed to complete the design. This is not a hardship case - it is an "I want" scenario so I can do 'Big Banner" advertising on web sites, travel brochures, etc. Tes, as pointed out above, an improved /renovated, beach club restaurant would be welcomed. But, this lot does not accommodate the proposed plan. Even more so, appropriate parking for a 125 seat restaurant plus a 40+ seat outside 6arandgriffin addition to the 38 room hotelis non- e*tent. One of the reasons, the e*ting Cabana Club Restaurant was never successful was due to the parking problem. Now you'll have residents affafong Guff Blvd (beyondSand xey) and hotefpatrons from the 425 room BeffeairBefleview Biltmore coming to the location with truly inadequate parking. lTretty soon, a stop 8/14/2008 Page 2 of 2 9 0 fight wiffneed to 6e installed to control the flow of traffic. Allowing construction up to and beyond the seawall can have serious impact on the integrity of the seawall as well as interfere in any future needed reinforcements and /or repairs. This will affect neighboring properties should the seawall6ecome compromised at any time. 'The installation of cabanas on the beach should 6e allowedfor everyone and every compkr if this is to be considered. Yfowever, the request to install pavers and canvas cabanas on 25' of beach property west of the Coastal Construction ControlLine not only interferes with the sea turtle habitat andsea oats, it is in opposition to FEW X guidelines and the requirements to qual fy for. our beach renourishment project. Should this application be approved, it willdemonstrate the City of Clearwater andits councilmembers do not represent its citizens or have any respect for our codes or regulations. You are in office to represent the best interest of the taxpayers and our neighborhoods. For my neighbors in Dan's Island and Sand Key alike, I urge you to be realistic of what is appropriate and in the interest of all ,fan W. Newsome Dan's Island #813 1600 Gulf Blvd. Clearwater, FL 33767 727 -596 -1108 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/14/2008 0 • Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 7:57 AM To: Wells, Wayne Subject: FW: Opposition to Legg Mason Proposal Ref Cabana Club Property Case #:FLD2008 -02002 - - - -- Original Message - - - -- -` From: g collins [mailto:gfcollins @att.net] Sent: Wednesday, August 13, 2008 7:06 PM To: Cretekos, George; Doran, John; Gibson, Paul; Hibbard, Frank; Petersen, Carlen Cc: Watkins, Sherry Subject: Opposition to Legg Mason Proposal Ref Cabana Club Property Case #:FLD2008 -02002 Mr Mayor and Members of the City Council, Members of the Community Development Board, et al - Once again the residents of the community of Sand Key have been called into action, and once again we stand united in opposition to what is being proposed by Legg Mason at the current site of the Cabana Club. While I don't need to regurgitate all the facts in this case, suffice it to say that what Legg Mason is proposing is akin to trying to force a very large square peg into a rather small, round hole. They can push, and shove, and use their mighty corporate machine to grease the facts, but it is what it is and it just doesn't fit! It doesn't fit the character, it doesn't fit the space, and it certainly doesn't fit the code. Legg Mason cannot be allowed to have it their way to the irreversible detriment - personal and financial - of the thousands of people who call Sand Key home. You cannot allow them to do that to this community and the surrounding environment! Please continue to hear the united voice of the residents of Sand Key and send Legg Mason back to the drawing board to come up with a more suitable, more community - friendly, code compliant development plan for this property. Thank you for your time! John Collins 1200 Gulf Blvd 8/14/2008 Page 1 of 2 0 0 Wells, Wayne From: Watkins, Sherry Sent: Thursday, August 14, 2008 8:00 AM To: Wells, Wayne Subject: FW: Case #:FLD2008 -02002 (1590 Gulf Blvd.) - - - -- Original Message---- - From: Wanda Marzouk [mailto:wandamarzouk @ yahoo.com] Sent: Thursday, August 14, 2008 1:40 AM To: Watkins, Sherry Subject: Fw: Case #:FLD2008 -02002 (1590 Gulf Blvd.) - -- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk @yahoo.com> Subject: Fw: Case #:FLD2008 -02002 (1590 Gulf Blvd.) To: Carlen .Petersen @myclearwater.com Date: Thursday, August 14, 2008, 1:38 AM - -- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk @yahoo.com> Subject: Fw: Case #:FLD2008 -02002 (1590 Gulf Blvd.) To: George.Cretekos @myclearwater.com Date: Thursday, August 14, 2008, 1:38 AM - -- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk @yahoo.com> Subject: Fw: Case #:FLD2008 -02002 (1590 Gulf Blvd.) To: John.Doran@myclearwater.com Date: Thursday, August 14,2008,1:36 AM - -- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk @yahoo.com> Subject: Fw: Case #:FLD2008 -02002 (1590 Gulf Blvd.) To: Paul.Gibson @myclearwater.com Date: Thursday, August 14, 2008, 1:35 AM 8/14/2008 Page 2 of 2 - -- On Thu, 8/14/08, Wanda Marzouk <wandamarzouk@yahoo.com> wrote: From: Wanda Marzouk <wandamarzouk @yahoo.com> Subject: Case #:FLD2008 -02002 (1590 Gulf Blvd.) To: Frank.Hibbard @myclearwater.com Date: Thursday, August 14, 2008, 1:32 AM We are home owners in Ultimar 3 (1560 Gulf ]Blvd) and our unit overlooks the Cabana Club. We strongly object to the approval of any variances to change the use of the mentioned property. Any change would have a negative impact on our property values and drastically obstruct our views. Such use would bring noise and more traffic, which Gulf Boulevard is not able to accommodate. It would also increase our parking problem, as it is now, our guests have to park across the street in the town park. We ask the City Council to please reconsider the requested variances and zoning changes requested by Legg Mason. Respectfully Youssef and Wanda Marzouk 8/14/2008 Page 1. of 1 Wells, Wayne. From: LBR101@aol.com Sent: Thursday, August 14, 2008 7:13 AM To: Wells, Wayne Subject: Cabana Club Improvements We look forward to the planned improvements to the Cabana Club on Sand Key, Clearwater. The improvements will enhance that existing location. Elaine Crawford and Larry Robillard Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/14/2008 Page 1 of 1 0 9 Wells, Wayne From: Robert Borda [rdborda @att.net] Sent: Wednesday, August 13, 2008 10:49 AM To: Wells, Wayne Subject: CABANA CLUB ON SAND KEY CHUCK EADE, MY HUSBAND AND I ARE IN AGREEMENT WITH THIS PROJECT. WE WILL SUPPORT YOU IN ANY WAY POSSIBLE. WE ARE EAGER TO SEE THE PLANS GO FORWARD. SINCERELY, DONNA AND ROBERT BORDA 8/13/2008 • August 11, 2008 Salvatore and Estela Valenziano 1581 Gulf Boulevard, # 401 Clearwater, FL 33767 Wayne Wells Planning Department P. O. Box 4748 Clearwater, FL 33758 -4748 Re: Case # FLD2008 -02002 Dear Mr. Wells: 0 ORIGINAL RECEIVED AUG 13 2000 PLANNING DEPARTMENT CITY OF CLEARWATER As home owners in the Harbour Condominiums on Sand Key, we are opposed to the Legg Mason hotel proposal at 1590 Gulf Blvd. This is our neighborhood, not a tourist area like Clearwater Beach. I am sure you would not want a hotel built in your neighborhood just as we do not want a hotel in our neighborhood. It is the responsibility of Clearwater government to represent the best interests of the majority of property owners in this matter, rather than the special interest of a developer. Sincerely, , Salvatore and Estela Valenziano 0 0 ORIGINAL RECEIVED AUG 13 2008 Wayne Wells PLANNING DEPARTMENT 8/12/08 Planning Dept. CElY OF CLEARWATER P.O. Box 4748 Clearwater, FL 33758 -4748 RE: FLD2008 -02002 1590 Gulf Blvd. Cabana "rower As Sand Key property owners and residents we adamantly oppose any variances, conveyances or concessions to the written building codes being given to Legg Mason in the development of their property on Sand Key. It would appear that the current plan ignores many restrictions and code requirements (disregard for the CCCL, height limitations, parking requirements and setbacks). It is your responsibility to recognize that codes exist for a reason, which is the protection and benefit of all. Our community has it's own quiet culture and it would seem this development would be more in character with Clearwater Beach not Sand Key. The project as designed is simply too large for the parcel of property as governed by codes. We as citizens and property owners are owed the rights and respect to live in and enjoy our neighborhood and residence under the conditions in which we became property owners. We also recognize the rights Legg Mason has as property owners and encourage them to move forward with their development so long as the plans meet the current codes and building limitations as written. Please just do the right thing and insist that any development meet the codes and requirements as written. Sincerely, Linda, Tom, Andy and Sarah Holt 1560 Gulf Blvd. #1707 Clearwater, FL 33767 0 0 Giuseppe Schittino ORIGINAL, 1.581 Gulf Boulevard, # 403 RECEIVED Clearwater, FL 33767 Aug 1 00 2006 PLANNING DEPARTMENT . CITY OF CLEARWATER August 11, 2008 Wayne Wells Planning Department P. O. Box 4748 Clearwater, FL 33758 -4748 Re: Case # FLD2008 -02002 Dear Mr. Wells: As a home owner in the Harbour Condominiums on Sand Key, I am opposed to the Legg Mason hotel proposal at 1590 Gulf Blvd. This is my neighborhood, not a tourist area like Clearwater Beach. I am sure you would not want a hotel built in your neighborhood just as I do not want a hotel in my neighborhood. It is the responsibility of Clearwater government to represent the best interests of the majority of property owners in this matter, rather than the special interest of a developer. Sincerely, Giuseppe Schittino Page 1 of 1 0 0 Wells, Wayne From: phyllis neidhardt [paneidhardt034 @hotmaii.com] Sent: Wednesday, August 13, 2008 11:41 AM To: Wells, Wayne Subject: FW: Cabana Club Improvements Just wanted you. to know, we look forward to the planned improvements to the Cabana Club. on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Phyllis Neidhardt 8/13/2008 Page 1 of 1 0 0 Wells, Wayne From: Nazjac @aol.com Sent: Wednesday, August 13, 2008 11:36 AM To: Wells, Wayne Cc: msmith @belleviewbiltmore.com; GRAlmar @Verizon.net Subject: Cabana Grill Improvements Dear Mr. Wells, I am a resident of Belleair Bluffs and I frequently use the facilities of the present Cabana Grill on Sand Key. I was somewhat concerned when I heard that the Grill was to be torn down and rebuilt as a hotel and restaurant because I felt that it was in danger of losing the character and charm it had attained as a quaint, old Clearwater Beach gathering place. I enjoyed taking my visitors there on special occasions, and to a one, they always sang the praises of the restaurant as "a great place to go, on the beach ". After reading the letter of August 6th, sent to residents of Sand Key from Martin Smith of the Belleview Biltmore Resort, I am relieved to know that the plans for the renovation will, in many,ways, retain the charm of the "old" grill and in other ways, add to the attractiveness and allure of the restaurant and boutique hotel planned for the site. My family and I are looking forward to the completion of the project and plan to visit the restaurant as soon as it is open. Sincerely, John H. Nazario 100 Bluff View Drive, Unit C 210 Belleair Bluffs, FL 33770 -1353 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Legg Mason Case # FLD2008- Q�002(1590 Gulf Blvd) - . Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 13, 2008 12:35 PM To: Wells, Wayne Subject: FW: Legg Mason Case # FLD2008- 02002(1590 Gulf Blvd) - - - - -- Original Message---- - From: Lillian Johnson [mailto :lillian.johnson @ravensun.com] Sent: Wednesday, August 13,. 2008 12:11 PM To:. Hibbard,. Frank;. Petersen, Carlen;. Doran,. John;. Gibson, Paul;. Cretekos, George;. Watkins,. Sherry. Cc:. Cynthia @ProRemLaw.com Subject: Legg Mason. Case # FLD2008- 02002(1590 Gulf Blvd) - Dear Council Members, Before you is an opportunity to set a new trend in governing. Turn away from environmentally destructive building practices of the past, to the future - protecting what few resources we have left - those that have made Clearwater a truly unique place by the sea.... unlike other "Cement Jungles" most people try to escape from. More high rise structures that waste precious water and energy is not what we need. More boats that pollute the air we breath, the sea that sustains us, and maim and kill sea life is not what we need. It was a staple of elegant affluence at one time, but now is a staple of opulent waste. As I look at the empty condos and hotel rooms (with constant running air conditioning), I just wonder what kind of profit Legg Mason thinks they will get. Without ample parking, not much repeat business I'd guess. Modifying the building restrictions is no answer either. It sets a dangerous precedence for the future. We may not be as lucky to have a council that actually listens to the people, in the years to come,,and this appears to be opening the door for unbridled development. I have the greatest respect and admiration for what Mason did with the Biltmore. Saving a National Historic Treasure is no small task. We, as a community, owe them a debt of gratitude. In so doing, might we suggest to Legg Mason that they modify their building plans to something more in line with the natural landscape - like a "real Florida" theme - even junglish in nature. Small, quaint, lots of lush Florida (low maintenance) vegetation everywhere. Something unique that people will. want to visit - and pay more for. Is it better. they have 150 half empty rooms, or 50 always full ones? Given Mason's noble and creative track record, I'm sure they can come up with something truly different, within planning guidelines, and that will make them more money then the current proposal... More and more architectural plans are now taking the environment into consideration. And since this environment is the primary reason for Clearwater's success, shouldn't we? Thank you for listening, It is really appreciated. Lillian Johnson, Clearwater Beach resident 8/13/2008 Page. 1 of 1 0 0 . Wells, Wayne From: Nulmage727 @aol.com Sent: Wednesday, August 13, 2008 1:09 PM To: Wells, Wayne Subject: (no subject) Just wanted you to know, we look forward to the planned improvements to the Cabana Club on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Have been going to the Cabana Club for 10 years. Vicki & Glenn Hanson Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Page 1 of 1 0 0 Wells, Wayne From:. bbandsb306 @comcast.net Sent: Wednesday, August 13, 2008 3:20 PM To:. Wells, Wayne Subject: re:. Cabana Club. Permits Just so you know, we look forward to the planned improvements to the Cabana Club on Clearwater. Beach.. It is owned by our association and the plans we have seen can only improve the Cabana Club. as well as the area.The improvements will also add a couple of great restaurants which the area needs. Please approve the permits so this project can move forward. Thank you.. Bill and Shirley Barnhart 8/13/2008 Page 1 of 1 0 0 Wells, Wayne. From:. bbandsb306 @comcast.net Sent: Wednesday,. August 13,. 2008.4:49 PM To:. Wells, Wayne Subject:. Cabana Club Improvements Just wanted you to know, we look forward to the planned improvements to the Cabana Club. on Clearwater Beach._ The improvements sound great, and will add very nicely to the area. Shirley and Bill Barnhart Looking for a car that's sporty, fun and. fits in your budget? Read reviews on AOL Autos. 8/13/2008 Page 1. of 1 Wells, Wayne From:. Sandy Auge [sandyauge @gmail.com] Sent: Wednesday, August 13, 2008.3:48. PM To:. Wells, Wayne Subject:. Cabana Club Just wanted you to know, we look forward to. the planned improvements to the Cabana Club. on Clearwater Beach. The improvements sound great, and will add very nicely to the area. Sandy. and Larry Auge 8/13/2008 Pagel of 2 Wells, Wayne From:. Watkins, Sherry Sent: Wednesday,. August 13,.2008.3:46. PM To:. Wells, Wayne Subject: FW:. Subject: Legg Mason's Proposed Cabana Club. Hotel (re: Case #: FLD2008 -02002 (1590. Gulf. Blvd.). - - - -- Original Message - - - - -. From: Doran, John Sent:. Wednesday, August 13, 2008 3:42 PM To: 'kaip1621' Cc: Watkins, Sherry;. Manni,. Diane Subject:. RE:. Subject: Legg Mason's Proposed Cabana Club Hotel (re: Case #: FLD2008 -02002 (1590 Gulf. Blvd.) Mr. Kaip:. Thank you for your comments, but the Legg Mason matter is a matter before the Community Development Board, not the City Council. To date,. there is nothing to suggest that Legg Mason intends to ask for anything that would come before the City Council. I have copied. your email to Sherry Watkins in the Planning. Department; she will. make it available to the. CDB, as is most appropriate. There will an opportunity for personal public input at the CDB meeting on August 19, at which time you can address the CDB on this matter, in person, should you choose. john doran . Clearwater City Council Florida has a very broad public records law. Most written. communications to and from government officials regarding government business are public records available to the public and to the media upon request. Your e- mail communications may be subject to public disclosure.. - - - -- Original Message---- - From: kaip1621 [mailto:kaip1621 @netzero.net] Sent: Wednesday, August 13,. 2008 3:38 PM. To:. Doran, John. Subject: Fw:. Subject: Legg Mason's Proposed Cabana Club Hotel (re:. Case #: FLD2008 -02002 (1590. Gulf Blvd.) My Concerns. are listed below.. Subject:.. Legg Mason's Proposed Cabana Club. Hotel Legg Mason's application to build the 10 -story high hotel at the. Cabana Club. Restaurant site. . The size of the proposed building is too big for the lot because they only have 88 feet to build on and the code requires a 200 foot wide lot. 8/13/2008 Page. 2 of 2 0 40 • The height of the proposed building is too tall. The code limits them to 25 feet and building something 100 feet or 10 stories high will hurt surrounding property values. • There is not enough parking now. Adding a 38 room hotel but only 8 parking spaces makes the problem worse. • Taking 25 feet of public beach restored with taxpayers' dollars should be stopped. • Operating a ferry boat for guests from over 450 hotel rooms on a canal where all of the properties are residential.. re :. Case #: FLD2008 -02002 (1590. Gulf Blvd.) to: Respectfully. Submitted,. Peter. Kaip, 1621. Gluf Blvd... Apt 601. Clearwater, Florida 33767 No virus found in this outgoing message. Checked by AVG. Version: 7.5.524 / Virus Database: 270.5.12/1595 - Release Date: 8/6/2008 8:23 AM Click here to find Medical Transcription Training programs.. 8/13/2008 Page 1 of 1 0 0 Wells, Wayne From:. Watkins, Sherry Sent: Wednesday, August 13, 2008.3:46 PM To: Wells, Wayne Subject: FW: Legg Mason's application to build. a 10 -story high hotel. at the Cabana Club. Restaurant site - - - -- Original. Message - - - - -. From:. grczeis @aol.com [mailto:grczeis @ aol.com] Sent:. Wednesday, August 13,.2008.3:14 PM. To: Hibbard,. Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins,. Sherry;. Petersen, Carlen Subject: Legg Mason's application to build a 10 -story high hotel at the Cabana Club Restaurant site Dear. Clearwater Mayor, City Council and Clearwater Community Development Board, We are writing to you because we are Clearwater Sand Key property owners and want to express our concerns about the Legg Mason/Belleview Biltmore Hotel plans for the Cabana Club. Restaurant property. Our first concern is about the parking situation. There currently is not enough parking for the Cabana Club residents.. During the months when all of the owners are in residence we have a difficult time finding a parking place for own use, or our guests. The addition of the proposed hotel with only 8 new parking spaces will compound the problem, and even make it worse. Our second concern is about the use of the beach for cabanas. What about the sea turtle habitat? Did all of the taxpayers pay to. have this beach restored for Legg Mason and the Belleview Biltmore? They may say that the beach is only being used, but in all practicality it is being taken away. The cabanas will at the very least, damage the turtle habitat, and will be for the use of the hotel guests.. And lastly, the proposed building is too big for the lot. Thank you for your consideration of our concerns.. Sincerely, George and Madonna Czeiszperger Owners 1582 Cabana Club, Unit #1408. It's time to go. back to school! Get the latest trends and gadgets that make the grade on AOL Shoppi,n,g. . 8/13/2008 Wells, Wayne From: Sandy [dbarnes6 @tampabay.rr.com] Sent: Wednesday, August 13, 2008 6:45 PM To: Wells, Wayne Subject: Cabana Club on Sand Key Importance: High Mr. Wells, Page 1 of 1 My husband and I have been Sand Key residents since 1997 - full time residents I might add and we would like to voice our opinion on the Cabana Club redevelopment project. We are not alone in saying that this redevelopment project is a good thing for Sand Key. The project is only going to beautify that section of Sand Key. We were very happy when the current Cabana Club opened to have a place very close to go to and have dinner, listen to music in a beautiful atmosphere and meet our friends and neighbors. We have been going to the Cabana Club since it has opened at we would miss is terribly if it were gone. We live 6 buildings down from Cabana however even if we lived next door we would feel the same way. Everyone is crying about taxes well I cannot see the redevelopment of the Cabana Club helping the tax base on Sand Key. The plans look beautiful and should not be stopped. We receive mail from one organization asking for money for attorney fees to fight this redevelopment and the mail goes directly in the garbage and I will tell you if we receive one more letter they will definitely receive a response from us and it will not be nice! In addition we have seen an aerial view of Sand Key in 1965 and guess who was the first here? Cabana Club! I think you should think very hard about your decision regarding this redevelopment and allow this to proceed! Sandra & Donald Barnes 1460 Gulf Blvd Unit 202 Clearwater, FL 33767 (727) 596 -9786 8/13/2008 Page 1 of 1 Wells, Wayne From: HawnWahine @aol.com Sent: Wednesday, August 13, 2008 7:08 PM To: Wells, Wayne Subject: Legg Mason's application for variances Dear Mr. Wells: I will be unable to attend the meeting on August 19th as I will be at work. However, I do want you to know that I am against Legg Mason's application for variances. As an owner in the Cabana Club, I bought here because it was a residential community, quiet and relatively private. I was not informed, at any time, of the plans with the current Cabana Club restaurant. Had I known what was to come, I would never have moved here. I am not against developing the current site to code standards; I am against all of the variances that Legg Mason is seeking. What is the point of having a building code if it is not followed? I can already anticipate the crowds that will be coming, the traffic and parking problems as well as the litter on the beach. As it is, the beach is crowded on holidays, the parking is bad and there is a lot of trash left on the beach. I will attach pictures showing you the current situation, never mind a 10 -story hotel as well. If they are allowed to take part of the public beach, that would set a precedent that would be hard to stop. In building a sea wall, the adjacent buildings would be affected during any surge of water. In protecting the hotel, the water would all go to the sides of the sea wall, eroding the beach in front of the Cabana Club and Dan's Island. As I mentioned before, parking is already a problem. By reducing the number of parking spaces to support the proposed complex, there will be chaos. The driveway and street traffic will also be affected. I am also against eliminating or reducing the set backs. Why would I want a hotel to be even closer to my condo when I don't even want one? Please consider the current owners' dilemma and support us by not approving the variances that Legg Mason is asking for. Thank you for your time and consideration in this matter. Sincerely yours, Ellen F. Walton 1586 Gulf Blvd., #2403 Clearwater, FL 33767 (949) 378 -4509 Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Page 1 of 1 Wells, Wayne. From: Veronica Downen [sand keyveronica @yahoo.com] Sent: Wednesday, August 13, 2008 10:24 AM To: Wells, Wayne Subject: Cabana Club on Sand Key Mr.. Wells, Due to the misinformation being dispersed by some of our local residents, I want you to know that there are many, many residents who. support this construction project.. I live at Dan's Island and overlook the area where the new hotel would be built.. The plans speak for themselves as to the wonderful addition this project would bring to Sand Key and to the residents next door.. WE ARE THRILLED TO HAVE SUCH AN UPGRADE. Thank you for your careful consideration on the. positive impact a five star hotel and restaurant would bring to Sand Key. Veronica Downen Emmons 1600 Gulf Blvd., #1014 Sand Key 8/13/2008 Page 1 of 1 9 Wells, Wayne. From: Cyndi Storm [CStorm @gfbi.net] Sent: Wednesday, August 13, 2008 10:22 AM To: Wayne.Wells @myclearwater.com. Subject: Cabana Club on Clearwater Beach Just wanted you to know, we look forward to the planned improvements to the Cabana Club. on Clearwater Beach.. The. improvements. sound great, and will add. very nicely to the. area.. Thank you. Cynthia S.. Storm Vice President Manufacturing and Operations cstorm @gfbi.net 317 West Front Street Monroe, MI 48161. 734 - 240 -0812 ext 406. 734 - 240 -2594 8/13/2008 Page 1 of 1 I* Wells, Wayne From: Momor004 @aol.com Sent: Wednesday, August 13, 2008 10:16 AM To: Wells, Wayne Subject: Cabana Club The. Cabana is a nice place, and sounds. like it will. be. even nicer, we. like going there, and enjoying. the. food, great view and beach. Seems hard. to. believe you are having trouble getting permits. for such great improvements. M. Moorman Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Page 1 of 1 0 0 Wells,. Wayne From: Downtowndanny1 @aol.com Sent: Wednesday, August 13, 2008 10:10 AM To: Wells, Wayne Subject: Re: Cabana The Cabana is a nice place, and sounds like it will be. even. nicer, we like dining there, and, enjoying the. great view. Hope. you can start the changes. soon. D.. D'Amour Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 Page 1 of 1 Wells, Wayne From: NISK104 @aol.com Sent: Wednesday, August 13, 2008 10:03 AM To: Wells, Wayne Subject: Cabana Club I think the improvements to the Cabana Club sound great.. Hope you can start working on the project soon. N. Swanson Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/13/2008 . • Page 1 of 1 Wells,. Wayne. From: jrwarmington @comcast.net Sent: Wednesday, August 13, 2008 9:44 PM To: Wells, Wayne We look forward to the planned improvements to the Cabana Cub on Clearwater Beach. The improvements sound great. They will add a lot to the area. John and Roma Warmington 8/14/2008 . Page 1 of 1 Wells, Wayne From: Ruth Durovey [rdurovey @zoominternet.net] Sent: Wednesday, August 13, 2008 9:03 PM To: Wells, Wayne Subject: Cabana Club Improvements . Just wanted you to know, we look forward to. the planned improvements to the. Cabana Club on Clearwater Beach.. The improvements sound great, and. will add very nicely to the area. Ruth Durovey 8/14/2008 9- 0 Page 1 of 1 Wells, Wayne From: Charles Korpal [chasharonatplay @webtv.net] Sent: Wednesday, August 13, 2008 8:13 PM To: Wells, Wayne Subject: cabana club improvements Just tom let you. know, the proposed iprovements to the. Cabana Club on Clearwater Beach sound great. We look forward. to. them very much as. thy wll add to the Club and the entire area.. Charlie and Sharon. Korpal. 8/14/2008 Page 1 of 1 Wells, Wayne From: Watkins, Sherry Sent: Wednesday, August 13, 2008 7:29 AM To: Wells, Wayne Subject: FW: Case #FLD2008 -02002 (1590 Gulf Blvd.) - - - -- Original Message---- - From: nora [mailto:nora @tampabay.rr.com] Sent: Tuesday, August 12, 2008 4:39 PM To: Hibbard, Frank; Gibson, Paul; Doran, John; Cretekos, George; Watkins, Sherry; Carlen.Peterson@myclearwater.com Subject: Case #FLD2008 -02002 (1590 Gulf Blvd.) Attached please find a letter regarding the Flexible Development request made by Belleview Biltmore Owner, LLC., and its negative impact on Sand Key. Thank you for your consideration. Jim & Nora Conlin 8/13/2008 0 August 12, 2008 • This letter is to ask that you carefully consider all the facts before making a decision and approve the Flexible Development request made by the Belleview Biltmore Owner, LLC (Cabana Club) for their property located at 1590 Gulf Blvd. There are numerous negative impacts that approving such a request would have for those of us who reside on Sand Key. Sand Key is a beautiful predominately - residential community (especially the southern part of the key where this request is being made), and to approve this proposal with the numerous variances and many unknowns would be detrimental to the Sand Key residents. It potentially may negatively change what has been a wonderful place to live by squeezing onto a small Gulf front piece of property a structure that is too large, would increase traffic, create parking challenges, and require exceptions to existing codes. This could then result in a negative impact on the real estate values of the surrounding properties, which provide the city healthy tax revenue. While we understand and would support the owners of this property in a redevelopment effort, we feel strongly that it should be done fairly, openly, and within existing codes. To approve this would be unfair to the citizens of Clearwater who reside on Sand Key. We intend to attend the meeting schedule for Tuesday, August 19th and trust you will make the right decision and protect the citizens of Sand Key who entrust you, as our government officials, to protect us from overzealous developers. Respectfully, James S. Conlin Nora S. Conlin 1600 Gulf Blvd. #316 Clearwater, FL 33767 Pagel of 2 Wells, Wayne From: Watkins, Sherry Sent: . Wednesday, August 13, 2008 7:30 AM To: Wells, Wayne Subject: FW: - - - -- Original Message---- - From: Allan & Merry [ mailto:allanmerry@allanmerry.net] Sent: Tuesday, August 12, 2008 8:06 PM To: Petersen, Carlen; Watkins, Sherry; Hibbard, Frank Cc: cynthia @prolemlaw.com; PapaMurphy @aol.com Subject: Dear All, (I ask that this message also be forwarded to each of the members of the Community Development Board. Thank you.). Introduction: My wife Merry and I are CB. residents, at 860 Bruce Ave., (currently emailing from Washington State, (as usual for.July- Sept).. Since our first visit in 1990 we have been CB visitors a month or more annually, (and users of the Beach Branch Library in all it's locations). We took over our little Bruce Ave house, purchased in 1994, for our own use in '03, and then became true "homesteaded residents beginning in January'06.. I'm now a CBA Board Member, since last December. Thus, (and partly also because I'm a retiree from a County Planning & Development Department in Washington), we have long appreciated the City's truly excellent local government: services, competence throughout, and ambition; (more about the latter follows).. (As a Homesteader, by the way, I voted against Prop 1 last January, because I saw what it would do to local government.) We are pleading here below, (speaking for ourselves and not representing the Association), for the City. of Clearwater to do something unusual. (Some of you have heard me say this already at hearings and meetings.) What my wife and 7 want and ask most for Clearwater Beach is to preserve what remains of the valuable character of CB as it was when we first visited in 1990: "Working class Vacationland; Affordable to lower middle income folks for a weekend or a week at the beach, from throughout the Tampa Bay hinterland, along with all the folks driving down from the eastern & mid -US and Canada. " And maybe even recover a bit of what's already lost. Yes, change is inevitable, we acknowledge. But the purpose of development regulations is to. achieve reasonable objectives in the public's interest, and property owners' interests in maximizing their returns do not trump reasonable public goals. So, please consider: choose for Clearwater to be an exception to the rule elsewhere ( "as up -scale and exclusive as the market permits "), and choose to be a city that appreciates and caters to the greater, land -side "working class" community, along with the northern visitors; where a family of modest means can still afford a week or a weekend at the beach.. Interested property owners may well contend that these are not constitutional public objectives; but we disagree. The courts have sustained other comparable and even more intrusive limits on pure private interest. Consequently we support the. City's wish for the Code to permit and attract "mid -price, smaller size ". motels and hotels back to the Beach, before the "Condo lull window of opportunity. closes; (and which may already have been enacted by now? I have forgotten.) And of course we support any and all further initiatives that will help retain what small scale hotel/motel and retail commercial we have left. Regarding any proposels for any higher hotel density than referenced above, we oppose it unless it is enforceable permitted for a "room rate schedule" LOWER than that promised by any. new "mid -price; mid- size" project. We are thus strongly opposed to, any further "destination resort development. Our CB, and possibly bits of the islands south to the Bay, appear destined to be the last spots with any. chance to remain accessible to the bottom 2/3 of what's left of the "middle class." One important, specific caveat for. us north - enders: Fully or partially closing Eastshore Drive will not work for north end access, even with the best possible improvements to Poinsettia, UNLESS there is "pre- roundabout" access, to both Eastshore and Poinsettia direc tly. from where the Eastshore exit is now or farther east. 8/13/2008 Page 2 of 2 0 0 (Among our. personal motives, in addition to what we believe is in the Clearwater and CB public interest: however small scale and quite our north end neighborhood manages to remain, as we wish it to: we simply don't want to otherwise live predominately among the wealthy and their expensive botiques.) Re ag rding Sand Key:. By the time of our first visit to the area, Sand Key was already mostly as it now is, (and the. handwriting was on the wall for Island Estates). I do not see much opportunity, re our above stated objectivs, other than to preserve them as they are currently. For that reason we do strongly support the SOS and SON contentions opposing the Legg Mason development proposals, concerning use of the beach, parking, height and density, the dock, and use of the canal. And I agree that Legg Mason's proposals and representations have been disingenuous. Understandably and from their viewpoint legally and properly, Legg Mason's sole objective is development profit. We urge you all to let our islands be the exception. Respectfully,. Allan & Merry. Avery allanmegy Civallagnmerry. net 8/13/2008 Page 1 of 2 • rl 114 a Wells, Wayne From: Watkins, Sherry Sent: Tuesday, August 12, 2008 8:20 AM To: Wells, Wayne Subject: FW: Legg Mason's Requested Deviations from Code - - - -- Original Message - - - - -. From: Cretekos,. George . Sent:. Monday, August 11, 2008 10:06 PM To: Manni,. Diane Cc: Watkins, Sherry Subject: FW:. Legg Mason's Requested Deviations from Code the following letter was also sent to mrs. bette failor. - - - -- Original Message - - - - -. From:. Cretekos, George. Sent: Monday, August 11, 2008 10:05 PM To: 'Frank Van. Dyke'. Subject: RE: Legg Mason's Requested Deviations from Code Mr. Frank Van Dyke 1400 Gulf Boulevard, #410 Clearwater, FL 33767. Dear Mr. Van Dyke: Thank you for advising me of your concerns over the proposed redevelopment of the "Cabana Club" :property on Sand Key. It is my understanding that a completed application for a change in the development plan, as presented by the Legg -Mason developers, will be considered by the City of Clearwater's Community Development Board. For now, there is no zoning application pending since the property is currently zoned "C" (commercial), which allows for hotel development. Because of the type of modification being requested, I am told that the City Council will review the application only if the developer requests an increase in density units per acre. In the meantime, I have expressed your concerns directly to the Community Development Board and its staff representative, and you may also wish to attend one of CDB meetings which are held on the third Tuesday of each month, the next one being August 19th. It is this board that will approve the site plans. Again, thank you for taking time to advise me of your views, and with warmest, personal regards, I am Sincerely, -- george n. cretekos member, clearwater city council 727 - 562 -4050 george.cretekos@myclearwater.com (please note that under florida's public record laws, written communications, including e- mails, to 8/12/2008 0 Page 2 of 2 0 and from members of city council regarding official business are public record and will be made available to all members of the clearwater city council and the press) - - - -- Original. Message---- - From:. Frank Van. Dyke [mailto:frankvd @comcast.net] Sent: Monday,. August 11, 2008.4:25 PM To:. Frank Van Dyke Subject:. Legg Mason's Requested Deviations from Code The purpose of this note is simply to ask your support to deny the numerous deviations from Code that are being requested by Legg Mason in his application to build a hotel on the current Cabana Club property. If these deviations are approved, there will have a big negative effect on the environment, use of what is now a public beach maintained by the taxpayers, and most of all to many of the residents who live adjacent to the proposed hotel. Please, don't let this happen on August 19th to our neighborhood ... please! Frank Van Dyke 8/12/2008 Page 1 of 1 Wells, Wayne From: SWANSONG09 @aol.com Sent:. Tuesday, August 12, 2008.10:06 PM To:. Wells, Wayne Subject: Re: Cabana Club. Improvements Just wanted you to. know,. we look forward. to the planned improvements to the Cabana on Clearwater Beach. The improvements sound great,. and. will add. very nicely to the area. Mary & Norm. Swanson. Looking for a car that's sporty, fun and fits in your budget ?. Read reviews. on AOL_Autos. 8/13/2008 Page 1 of 1 Wells, Wayne From: joseph degenova jjdegeno1 @tampabay.rr.com] Sent: Tuesday, August 12, 2008 10:34 AM To: Wells, Wayne Subject: cabana club MR.WELLS,. I AM THE PRESIDENT OF MONT MARTRE CONDO.ASSN. ,LOCATED AT 3500 GULF BLVD. MONT MNARTRE IS THE FIRST CONDO SOUTH OF DANS ISLAND. I AM SO APPALLED AT THE RESISTANCE OF LEGG MASONS LUX. HOTEL. I HAVE BEEN A RESIDENT FOR 12 YEARS AND CAN ASSURE HAVE FEQUENTED THE CABANA CLUB NUMEROUS TIMES, I HAVE ALSO BEEN CONCERNED ABOUT THE CONDITION AND UP KEEP OF THE PROPERTY IT HAS ALWAYS BEEN A PROPERTY IN NEED OF SERIOUS WORK. ONE WOULD ONLY HAVE TO WALK THE STREET SIDE TO NOTICE THE CRACKED PARKING AREA THE RUSTING OF THE RESTURAUNT STRUCTURE ,THE WEED INFESTED LANDSCAPING ,FENCING FALLING DOWN.I CAN HONESTLY SAY THE WORST LOOKING PROPERTY FROM MONT MARTRE TO THE SAND KEY BEACH. I AM NOT A RESIDENT OF CLEARWATER BUT I AM A RESIDENT OF SAND KEY WHICH MANY DO NOT REALISE STRETCHES FROM SAND KEY BRIDGE TO POINTS SOUTH. I AM STRONGLY IN FAVOR OF THIS PROJECT WHICH WILL ENHANCE AND CREATE A VENUE FOR EVERYONE. SOME PEOPLE WOULD BE ANTI ANYTHING AS SEEN WITH THE SHOP MESS, I AM WONDERING IF THOSE REDICULOS SIGNS ALONG GULF BLVD. ARE IN ANY SIGN VIOLATION, THANK YOU, JOE DE GENOVA 8/12/2008 Page 1. of 1 i • Wells,. Wayne From: Watkins, Sherry Sent:. Tuesday, August 12, 2008.10:42 AM To:. Wells, Wayne Subject: FW:. Sand Key zoning hearing - - - -- Original Message - - - - -. From:. Roger Geary [mailto:rgeary@gearygrouppc.com] Sent:. Tuesday, August 12,. 2008 10:32 AM To:. Watkins,. Sherry Subject: Sand. Key zoning hearing Sherry We. have been advised that you will distribute E Mails regarding the 1590 Gulf Blvd property. Could you please distribute our attached concerns to the Community Development Board members. Roger Geary The Geary Group,. P.C. rgeary_ @gearygrou.p.pc. co_.m 586 -726 -0010. Fax 586- 726 -9901 8/12/2008 L-1 1590 Gulf Blvd. FLD 2008 -02002 We wish to protest against the Legg Mason proposed changes to the building code. Their proposed change will put a public hotel in the middle of residential condominiums. The existing hotels are at least on one end of the beach. In addition, the proposed changes would have a further negative effect on the beach. Legg Mason is already using quite a bit of the beach for guests that come over from their property across the inter coastal. We can only imagine the negative effect that their proposal will have on the beach. Legg Mason is proposing major changes that will have large positive economic effects for Legg Mason and major NEGATIVE economic impact for existing property owners along the beach. The proposed changes should not be allowed. Roger and Linda Geary Page 1 of 1 0 Wells, Wayne From: Robert Lakins [boblakins @gmail.com] Sent: Tuesday, August 12, 2008 8:10 AM To: Wells, Wayne Subject: Cabana Grill Mr Wells, I live next door to Dan's Island and consider the Cabana Club a "neighbor ". What Legg Mason is proposing to do there will be an excellent enhancement to the "neighborhood ". Obviously, I strongly support the new plan, particularly when you consider the present zoning for the site. As you know the site is zoned allowing for many Commercial endeavors, from retail to gas stations. Surely a small 3 to 4 star rate boutique hotel will be more desirable to the neighborhood than basically all the other type facilities that the site is zoned to accommodate. BOB LAKINS 615- 330 -3330 615 -523 -1782 (fax) 727 -593 -3014 (home) 8/12/2008 Page ,t of 1 Wells, Wayne From: Watkins, Sherry Sent: Tuesday, August 12, 2008 8:20 AM To: Wells, Wayne Subject: FW: Case #: FLD2008 -02002 (1590 Gulf Blvd) - Legg Mason Cabana Club Hotel - - - -- Original Message---- - From:. JLMART @aol.com [mailto:]LMART @aol.com]. Sent:. Monday,. August 11, 2008 7:44 PM To: Petersen, Carlen; Hibbard, Frank; Doran, John; Cretekos, George;. Gibson, Paul. Cc:. Watkins, Sherry; jofarnham @yahoo.com; Cynthia @ProRemLaw.com Subject:. Case #:. FLD2008 -02002 (1590 Gulf Blvd) - Legg Mason. Cabana Club Hotel Dear City Council Members, Please REMEMBER/APPLY THE SIX STANDARDS OF REVIEW" Particularly #3, #4, #5 and #6. This application does not meet these Standards.. Also, the variances required are all negative precedents to Sand Key. The environmental impact is enormously negative considering the use of beach property west of sea wall! Please have at least the following legal environmental representatives present at meeting: Coastal Coordinator - Pinellas County Environmental Management - Nicole Elko Florida Department of Environmental Protection - Steve West Environmental Manager, City of Clearwater - Terry Finch Thank you, John L. Martinez This Application will not benefit the majority. It will only benefit Legg Mason. Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. 8/12/2008 Wells, Wayne Page 1 of 1 From:. Linda Holt [tholt1 @tampabay.rr.com] Sent:. Tuesday, August 12, 2008.7:51 AM To: Wells,. Wayne Cc: Hibbard,. Frank; Cretekos, George;. Gibson, Paul; Doran, John; Carle .Petersen @myclearwater.com; Watkins,. Sherry Subject: FLD2008 -02002 Wayne. Wells 8/12/08 Planning Dept. P.O. Box 4748. Clearwater, FL 33758 -4748 RE: FLD2008 -02002 .1590 Gulf Blvd.. . Cabana Tower As Sand Key property owners and residents we adamantly oppose any variances, conveyances or concessions to. the written building codes being given to. Legg Mason in the development of their property on Sand Key. It would appear that the current plan ignores many restrictions and code requirements (disregard for the CCCL, height limitations, parking requirements and setbacks). It is your responsibility to. recognize that codes exist for a reason, which is the protection and benefit of all. Our community has it's own quiet culture and it would seem this development would be more in character with Clearwater Beach not Sand Key.. The project as designed is simply too. large for the parcel of propertyy as governed by codes.. We as citizens and property owners are owed the rights and respect to live in and enjoy our neighborhood and residence under the conditions in which we became property owners. We also recognize the rights Legg Mason has as property owners and encourage them to move forward with their development so. long as the plans meet the current codes and building limitations as written. Please just do the right thing and insist that any development meet the codes and requirements as written.. Sincerely,. Linda, Tom, Andy and Sarah Holt 1560 Gulf Blvd. #1707 Clearwater, FL 33767 8/12/2008