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FL01-10-02 01 .1 '-': ,i ? ':1 0 1 !":'7~.t'-'( efT'\' (lr C'LE . .li'PLICATJON FOR SITE LA1\ AI)PROVAL PL\~NIN(; & DE \ ELc); H:,T SERVICES ADMI~ISTRATION ,\1'.-,'N,CW-\L SER\iK '-, BUiL' "".100 SOUTH MYRTLE AVE~~UE. :"" H.O',)R PHONE er', ~'62-4567 FAX (727) 362--4576 ]1 :1 t, F'AI~E F'I._:''' I .' ~""_.~~- Vr\'l'ER ---....._-...- ~---.-...,_...... Thi$ f{;i,'" ,.,..'''~. be submlned for all applii,;1l10nll for reflllll8nllal \;S;M, QCC88&ory UIl8&''';;?rtr<iJ!lident;l0'~'9.\fe,..C!)~ -1 ,__'_~I~.~.~~~~~~'~ ,;,' J~~!men~a~~":~."~~"Wli!~_..~OC/(". maflnlill ar:d ot~&:,~~:~:.:~~~.!lS il'~on'l:!_lj~~~~, , ,---- ~ r- ~\h", P'ROPERTY CWNE~ ..H. 0 AGENT i~!~ ,:.,", ',ON: '[' ~, '---F'~-' --=-~'-l ~ i ffil:: l I r Q~ f r--- ,"" Dr..!'.::ne".':_MCDo~el~_____ __ i ;:-0-, I~ I ~:;J ,; I 1433 Court Street, Clearwater, FL 33756 I [ --', N I u! ~? 1i I - Pl~ase u.s~gen:~1ZTqg];'!ff!.~R -- =~= i :7-1] I=~]~ ~:~ j ..., I z I >- L--..c_.c~ 5! -,) ,.---.,/ -::::J ii. ' (--) (- , _. " L_--1 L_-" --- ,--------._,- , ---" j;~. ".' ' ,y-.\" ,. M/'I:"r", Ii)U;:'U::"S PHUrd. I, :'.Jf:.R _.,i.I'it:l1:) Dr. Ernest McDowell n.lst -illl ov.r,e~$) ..__.......__._~-._..-------,_.......-._.._.".,...,_.._.,,-~--._- ._- ---~---,---_.~~.__. -"-'~___'h __.._--._.__._. J. ; _~ ( Todd Pressman' '"',,,1,;' ..----------.----..------------...---. .._c__"_.,...........____~_,____ q::- . \"1<... i'~ :>DRf.' '~)' 28870 U.S. Highway 19, N~, #300, Clearwater, FL 33761 ......,....._..,-~-_._.,-..-,...~~_...._.__....__........_. ......-.--. '.".!Vt~Ef:\ 726-VOTE (8683) FAA NUMBDl 669-8114 '''~'__'' -~.:"~t:.ll tJ~~.=--' 'rr~ ~~15-Z-~~~...~~.,":::__, k ~ , OPMENT INF ;)H,i\ 42 Midway Islands Estates Lot 8, un;!, t.J.-L-I~.land_Estate. of--.Cle~r,.._.._"__ 14-29-15-10854-005-0020 Resi den tial CSl!?.., ~]5:i s t i..ngl. Rp f} 11 P ~ r i Tlg.._t.Q....b.aY..e....a...5.~_....exi.stin.g se t ,"' '.., <...', ~(t, M(l'l !')OMS or ~i~~Clre footll~e of nonrel':lder,tet use) back on the rear, on the water 120.07' by 80' Desired 5' set back to_JP~ r_ear.... on_t....he, water , !J~ .,"r RIGHTS' YES NO XXX ',' ~~. :-1: ~~ :) ~ 1ImfIIIt- 1IIIr~11I ~;";ATe OF FLORIDA, COUNTY 0':_ ~..,~ ';,* ane ~tJbs""~-~c bpforf'! " f .' .1.... ~OI..." . . J~ .~ ') r~Cbr ~.'. > _ ~u_~'""- ..,_...' ,,', ' ~ 10,_ '~I . lJ'fi ~~ri:;,j'-1,~81.~ ~ ' ~A/J/ ~. 'dr':~~ :~"~:~CC6597~5 , '. . ,,' /. I. .8 Expires June 30. 2001 - 'J / /p ') ()/l-c.:o r Assoc., Inc., Agent , To ~ Pressman, President, Pressman & r ,- ;);,' F lMPl- '.".1"'- L~U~fiI.i~~u 26f A ". ~v J tl'1i)ff:.:::;F <; ~ P frl......... . : .>:- !.,_uf.~-.;;.. 9- Zq5~/7~ , l I ~_, , ' ~..~ I:" ,_ \ t "".'>' ~ ~ \ ~ ....... , :~ I ......... .... --. - . - - - plaNING & DEVELOPMENT SER ~F.S ADMlNlSTRATlON MUt-~AL SERVICES BUILDING, 100 SOU i'lRTLE AVENUlt. 2'" FLOOR PHONE 27 MS62-4S67 PAX 'I J; 562....516 I STATE OF F~ORIDA COUNTY OF PINELLASc:- (,1/1 eS'f' 2. That this property constitutes the property for which a request for a: Flex 1. That (I amlwe are) the owner(s) and record title holder(s) of the following describe AOORESS OR CENERAl LOCATION: 4 18 nd Estate s (NelU" of rlquest) 3. That the undersigned (has/have) appointed and (does/do) appoint as (hlsJtheir) '1l."I(~) to Ixecute any petitions or other doCumtnla ~,,"'ry to affeet tUCtl ,.tltlan: 4. That this affidavit has been executed to induce the City of Clearwater, Florida to C on the above described property; OF PINELLAS day of to me and/or I whO is personally 5. ~e). the 'i..~d ~umorlty. hereby certify Ihallhe foregoing is true and V t Jfl1 0- K' STATE OF FLORIDA, COUN \;;NEO (Prop6rtyOwner) r )~~:~,to a~d~SUbscrtbed befO,r~~~, \~S __ by SIGNED (PrQpenyOwner) known has produced as identification. SIGN EO (Property owner) SIGNED (Prop6rtyOwner) Notary public, My eommis'"cm IillCpire$: '- --.------------------------------- ff t::;j o ~ I-' I-' 1-" tn rt ::r !1) o =' I-' '< "Cl !1) "1 tn o =' C5 c::> C'J N N ~ -, - 'J a c:;::) !) C'-I ij} C"J , N l.L ~ <: ~) l. 4. To keep/he bUilding full insurable value now or hereafter on said, land ifLSUred in Q sum -not less tha,,: ' . . Dol/ars. in a company or companies to be appro)!, by said Mortgagee, and the policy or policies held by and payable to said Mortgagee, and'in the even any sum of mone,y becomes payable under such policy Or policies, the Mortgagee sholl hove th option to receive and apply the same on account of the indebtedness hereby secured ~r to permitth Mortgagor to receive and USe it, or any port therer;f. for other purposes. without thereby waiving 0 impairing any equity lien or right under or by virtue of this mort/{age, and may place and pay fo such insurance or any part thereof, without waiving or qffecting the option to foreclose or any right hereunder, and each and every such paymnent sholl bear interest from date o.t the rate oJiaxinun Ie:Jal limit per ,'ent, per annum. 5. To permit, commit or suffer no waste, impairment or deterioration of said property ot'l1ny part thereof. 6. To perform, comply with and abide by each and every the stipulations, agreements, conditions .,1 and covenants in said promissory note and in this deed sellor/h. 7. If any of said sums of money herein referred to be not promptly and fully paid within thirty (30) days next after the same severally become due and payable. or if each and every the stipulations. agreements. co.nditions Qnd covenants of said promissory note and this deed or either, are not duly performed, complied with and abided by, the said aggregate sum mentioned in said promissory note then remaining unpaid shall become due and payable forthwith or thereafter at the option of the Mortgagee as jul(v and complnely as if the said aggregate sum of 'I\olenty Thousarxl and 00/100 ($20.000.00)_ do/lars was origintl/1ystipulated to be paid 011 such day, anything in sclid pr()ml~ssory note or herein /() the con/rory nOI withstanding. 8. The ,\1or/!{ogee may, at any time while a suil is pending to foreclose or to reform this mOrtgage or to enforce any claims arising hereunder, app(v to Ihe COurt having Jurisdiction thereof for the appoinlment 0/ a receiver, and such court shall/orthwith appoint a receiver of the premises and all othl'r property ('overed hereby, including al/ and singular the income. profits, rents. issues" and revenues from whatever source denved. and such rl'ceiver shall have all the broad and effective functions and po 'Wers in an VWL\'f! entrusted bv a courl (0 a receiver and such appointment shall be made hv such Cuurt as an adnulted equi(..,' and a mailer of ahsolute right to said Mortgagee, and Wilhou( reference ((1 Ihe adequa(l' or inadequacy {~lthe value of Ihe properly mottgaged or 10 the solvency or in....olvenn: of saul :\1orIRuj!or or the defendants. and such income, profits, rents, issues and revenues shull he /If)fllwd hl' \'uch r('l't"....er tJc('ordin~ ro (he lien (~llhis mOrlRoge and the practice q/ Juch ('ourr i1if:-; ~s \ :'1,\: :.\'\ 'l'i,,'!\;A\;: .\\1' ':'Ii!-" 1-'1:'\:..\; 1'1{1:-.x"P,\1 1',\Y."U':i\-l' OR 'l1lE PRIOCIPAL i\"\i..\Nr..'F :ll:'" :'P.'i\ \v\I\'HI";~- ;~: ~ :t'l,'l::t\,:~:) , '1'I::'X~L'j'lll-:R i-,'111' ^CCRUFD INT'F.REST, If.\\Y, ,\\il' \, \;'\".v\;C)Y!X:~: \t"\T~r:,y ~~~\tl{~\.~'\t:IT ~"~!W!~ '!'IF TERM..Cj OF 1'US \'C'R-'~\;'\, :: ]In lJl1Iitncaa iIl~rrcl1l. Ih,. "",I Ito""a"", her"",,,,, "'f.' 111.\ hand and seal the day and I'('ar IIrst aho\'(' \''rIf(/'1I ~igneb. ~esleb snb {Ir1lU,r"rl1 in (11m PH.,m,: /; . , . ~t/t _ : :.../!c','. /) J_ ~_\., ... l, c' !:, 'K '!_ 'J\o,'\': ' ; ~!:'l '~;: ", " \' ~~ 'l; t : :.....: ' L.S. r; // \ '.. .... ,;... ",,' , ,\1',' ... .L.S. .. u_ L.S. '. .. . .__ L.S. ,:- 'J ~ L C5 ,-) c:::> .) 0.1 I 1.1 ;. N , ,. , N " i:-: i ~ () ":;' A~ ,r ..J t. Ihl' ,rUrl'I"':-I~' ':"",,1/1,'/1: ;'-,," ,:, ~'!""-h'(I:.:,',.' hl'!,,,(, '/1,' :i'l' day of <Cauntu of Pjne) la:-.; 7,,(' jOr('XfJ/IIK In,'lrun'('II( U('k.nowlrdXf'd hi>jorr me 'hi:" 23rd "-_ day of j\pri! 93 l-:rnest fl. Nci:Jol,,,,J] , an unmarried man III ,In who IS IJ('n()lIl1lh kllllh'lI lu "11' or k'ho flU.\ fJrol/ucn/ driver I s license.. U_\ u/ellll!/("(((((J/J 1m" 1\'/10 cI:1.t:!>rdu/1/1I1) luke WI oUfh, ,')tXl/dfurr dJ~~L't.. .. ---.-- "rJlIll'(J ,v. "!#<~. OA~e e, SOl/nfWICK ~ ~ '!,,! NotJry P..lblie. S\;Jfa of FlOrida 111/(' '-:"-l.~~:~lft~'F391 2 'II'Tlollt. II AIl\ ~tllte llf lFlllribll ([uuntu uf '.hll f' /'l''''I'II,,;,/: ~ '/.,,,. P,;, : 'd.:,,, ,',; ,..':tit'I1:;!l<i/:"".',:,/,: ";,', ::,j"".I ,;".',;" ,,;'" ",-.; \.. \. :'3 0: C.::> C'-J gQ - ('-1 - '" Q.t :> t:ft ~ - ~ t;j - t:ft -- ~ = ~ - e ~" ~ :5 ,:::> , "-I .......J ("...j Z <:C -.., , PRESSMt\N_& ASSO€., INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGH\NAY 19, N., SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM DL...Ernest McDowell General Standardsllevell & 2 Conditions 1) All factors of the project will meet development standards, including FAR, ISR, set backs, etc., except a requested 5' set back on the rear. Therefore, what is proposed meets the expectations of the code and code planners for this district. Further, the project cost, expected at 1.1 million dollars will be a great improvement. The scale and bulk of the site will not exceed requirements set by the City. As a residential lot, a residential structure is being built, and designed by one of the area's best regarded architect. Elements such as harmony, scale, bulk, coverage, density, etc., have been professionally studied, and are an integral part of the design, if not at the very core of the project. It will be a cutting edge development that is expected to lead the vicinity toward the future. 2) With significant improvement and investment (please see colored rendering enclosed), to the planned level of $1.1 million dollars, far above the value of the property now, the project will certainly be a plus. In regard to the specific nature of this application, the request seeks a setback that is the same degree of set back existing at the site, and matches existing setbacks of the abutting uses. The pool structure does not include a cage, and cannot effect the visibility of the abutting properties. It also will not impose into the visibility triangles. The project is residential, the surrounding uses are residential and are harmonious. 3) This criteria is met just be the nature of the proposal. 4) This criteria is not really applicable. 5) The value of the project alone, perched at $1.1 million dollars will be positive for the surrounding residential uses. The project will allow for more, and improved, landscaping, and a clean up of over grown existing landscaping. The project will still provide good visibility to the neighbors, and not intrude on the existing view. This project is residential, in a pure residential area, with pure residential adjacent, meeting all levels of development requirements of the City (minus the rear set back), designed by a recognized local architect, it must be consistent with the community character. 6) All standards of the project will meet the code levels called for by the City, and will be a beautiful addition to the area. The placement of the pool area in the immediate and central rear yard will not require it to be placed to the abutting side of a neighbor, where it may be bothersome. Replacing a residential use, at allowable development standards, with a residential project, could not adversely effect surrounding uses, which are again, residential. Landscaping will be significantly improved and not block visibility of the neighbors, as it now exists. PRESSMt:\N & ASS~., INC. GOVERNMENTAL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARvVATER FL 33761 PH. 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM Dr. Ernest McDowell Residential Infill Criteria 1) The forced placement of the proposed pool area toward a side location will end up more imposing to a neighbor than the proposed plan. This plan seeks to reduce those impacts, and to actually open up the visibility further by removing over grown natural growth at the abutting locations to the neighbors. There is also a consideration into the cost of the property, and the applicable best and highest use of the land. The use of the site at today's development standards, including in a minor capacity the raw cost of the property, along with the allowed use of the dock on a water way property, makes the proposal practical, especially in consideration of the abutting properties, with similar existing characteristics. Similar existing characteristics include the neighboring property's and their set backs. The South lot having the set back proposed here and the North lot having a graduated structure that evolves into a similar proposed set back. 2) The cost of the project, as an investment into the area, is placed at $1.1 million dollars. The design, style, and architecture of the project is in the hands of a well respected local architect. The effect of the proposal, by it's nature, could not possibly effect abutting properties. The visibility triangles will be respected, and in fact, improved, compared to the existing situation. This includes improved landscaping, lowered to code standards and, as noted above, an improved location of the pool structure. With similar conditions existing on abutting properties, with a very large dock structure on this site, and the nature of the use proposed into the set back (pool and deck), no negative effect could be found. The similar characteristics include the same set back existing that is proposed here. 3) This criteria is met. 4) The use it selfis totally a similar use...that being residential in nature and character. All surrounding uses are residential as this is. 5) The project proposed will be a hugely substantial improvement for the site. Currently existing is a home built many years ago. the installation of this project will be an improvement and addition of current landscaping, architecture and design. It will substantially increase the values of all homes in the area. The current house and property are moderate in appearance and upkeep. What is proposed is a cutting edge, first rate dramatic structure that reaches far beyond the older site, and injects today's architectural standards and style. The value of the property is expected to more than double. The project will al be built at one time. 6) As mentioned, the investment of the project, far above the current level noted on appraisal from the Property Appraiser, definitely shows it to be an improvement. Also mentioned, the architecture of the privately designed site, by a well known local expert, further points to the beautification of the site. The elevation included with the packet speaks for itself A colored rendering has already been submitted. It will be in keeping with the neighborhood in the sense that it will pull along and up the existing structures in style and structure and help set a standard for the future. .. ..,. '~UUJ..T~J.." ~ ~UU~_, .J..., '--"_ GOVERNMENTAL AND PUBLIC AFFAIRS 28870 u.s. HIGHWAY 19, N., SUITE #300, CLEARWATER FL 33761 PH. 727-726-VOTE (8683), FX. 727-669-8114- OR 727-796-3975 CELL, 727-804--1760, E-MAIL.PRESSINC@AOL.COM McDowelllResidencelRI CriteriaJPg.2 7) One critical element is that the forcing of the pool into a side yard area would be more imposing to the abutting properties, and the existing development criteria would cause this. The proposed use of the setback, for a pool, without a cage or other blocking structure, negates concerns of further blockage, and as mentioned the visibility triangle is not imposed, and landscaping is improved. The flexibility allows the use of the site as best planned and designed for it's location in that part of the City. The benefits if the project will be felt throughout the community, in that vicinity, and on that street as a huge improvement of the lot. This is the best plan for the economic factors of the lot, the use of the lot on the water and in the location of the home in a stromg residential area. These factors come together in the design and structure of the house. It will usher in the next wave or design of homes for the future. TRANSMITTAL LETTER PROJ. NAME: ~ (!Y?OW(~. ~O~ PROJECT #: 3'1. . ,1 121,W UtJ INS td.r::1 op ~l.u~ to() M:1 (lfL- J4..J ~ ~ ~ 337SLo WE TRANSMIT THE FOLLOWING 1., M') l~ ~Nlr\)~. t-~NU"V ,'Z-, . 9..1;1.. .;fSD4 J. D APPROVAL D REVIEW D USE Jll'PER YOUR REQUEST D RECORD D DISTRIBUTION D OTHER TO: FROM: ~.2>Ol _Hl\L~ ~ --o.')() ~M~ DATE: FOR YOUR: I COPIES DATE DESCRIPTION -.Jo J()' ~6f3~L (pW!'j REMARKS: ~ ef f!iUD'.~ COPIES TO: (with enclosures) If enclosures are not as noted, please inform us immediately. 32707 US Hwy. 19 · Palm Harbor, FL 34684 · Phone 727 . 781 . 7525 · Fax 727 . 781 . 6623 · E-mail oliveri(<vgte.net I Iii.i I . . PRESSMAN & ASSOCIATES1 INC. ~e ~~/~cO Governmental & Public Affairs Dr. Ernest McDowell General Standards/level! & 2 Conditions 1) All factors of the project will meet development standards, including FAR, ISR, set backs, etc., except a requested 5' set back on the rear. The scale and bulk of the site will not exceed requirements set by the City. As a residential lot, a residential structure is being built, and designed by one of the area's best regarded architect. Elements such as harmony, scale, bulk, coverage, density, etc., have been professionally studied, and are an integral part ofthe design, if not at the very core of the project. 2) With significant improvement and investment (please see colored rendering enclosed) the site will be a substantial improvement to surrounding sites. The project is residential, the surrounding uses are residential and are harmonious. 3) This criteria is met just be the nature of the proposal. 4) This criteria is not really applicable. 5) Again, with the project residential, in a pure residential area, with pure residential adjacent, meeting all levels of development requirements of the City (minus the rear set back), designed by a recognized local architect, it must be consistent with the community character 6) Replacing a residential use, at allowable development standards, with a residential project, could not adversely effect surrounding uses, which are again, residential. PCAi'~~,:~~;. ---'-'-- 28870 US Highway 19 N. · Suite #300 · Clearwater, FL 33761 Phone 727-726-VOTE (8683) · Fax 727-669-8114 · Cell 727-804-1760 · E-mail: pressinc@aol.com I .. . . PRESSMAN & ASSOCIATES1 INC. I Governmental & Public Affairs ~c ~t.~E- Dr. Ernest McDowell Residential Infill Criteria 1) The use of the site at today's development standards, including in a minor capacity the raw cost of the property, along with the allowed use of the dock on a water way property, makes the proposal practical, especially in consideration of the abutting properties, with similar existing characteristics. Similar existing characteristics include the neighboring property's and their set backs. The South lot having the set back proposed here and the North lot having a graduated structure that evolves into a similar proposed set back. 2) The effect of the proposal, by it's nature, could not possibly effect abutting properties. With similar conditions existing on abutting properties, with a very large dock structure on this site, and the nature of the use proposed into the set back (pool and deck) , no negative effect could be found. The similar characteristics include the same set back existing that is proposed here. 3) This criteria is met. 4) The use it self is totally a similar use... that being residential in nature and character. All surrounding uses are residential as this is. 5) The project proposed will be a hugely substantial improvement for the site. Currently existing is a home built many years ago. the installation of this project will be an improvement and addition of current landscaping, architecture and design. It will substantially increase the values of all homes in the area. The current house and property are moderate in appearance and upkeep. What is proposed is a cutting edge, first rate dramatic structure that reaches far beyond the older site, and injects today's architectural standards and style. The value of the property is expected to more than double. The project will al be built at one time. 6) The design ofthe structure, by one of the most outstanding architects in the area, Joe Oliveri, will be a true addition to the area, and add substantially to the character of the street. The elevation included with the packet speaks for itself. A colored rendering has already been submitted for color. It will be in keeping with the neighborhood in the sense that it will pull along and up the existing structures in style and structure. 7) The flexibility allows the use of the site as best planned and designed for it's location in that part of the City. The benefits if the project will be felt throughout the community, in that vicinity, and on that street as a huge improvement of the lot. This is the best plan for the economic factors ofthe lot, the use ofthe lot on the water and in the location of the home in a stromg residential area. These factors come together in the design and structure of the house. It will usher in the next wave or design of homes for the future. 28870 US Highway 19 N. · Suite #300 · Clearwater, FL 33761 Phone 727-726-VOTE (8683) · Fax 727-669-8114 · Cell 727-804-1760 · E-mail: pressinc@aol.com . . ~ . 28870 US Highway 19 N. · Suite '300 · CleolWotet. FL 33761 Phone 727.726-VOTE (8683) . Fax 727-196.3975 · Pager 1-800-864-8444 Pinellas County Property Appraiser Infonnation: 08 29 15 43344 000 ()()80, ./ Page 1 of3 t\pR~~~al.. iQJorrn;lti on IJ.qi.l.gi.[Ig, j~f9rrn.~Jjon '..---....-.. .-.....-..... ~~k J~t.S.f;ar~h..r.~ 'c \(,/ '\ A\ \~.. ..-(, /. , ,~.-o \( \ \,of " ~~..- ~ \ /:-~/ / \ . ". - .. ,__42__. '-0---- \ ~ \.' \ , ':/, /~;.-' /~"/ ....:.~~_.:.:.:.:.~.....:.:..:....~.....:....:.:...,._, ,..--.,.- ,.-... ..... ,..... . ,,- ., _:...,--,..------... ...,._......._----~.._.._. yi~~_C.Qmp~@..b.I~.Rf:_!!i.g.e!!t.i~1 ~Jtl~s Mass Appraisal is the systematic appraisal of groups of properties as of a given date u ing standardized procedures and statilltie.' testing. Its purpose is to provide an equitable nd efficient appraisal of all property in a jurisdiction for ad.valorem tax purposes. We recogoize that tbere is a reasooable nnge of values witbin which a property can II. Our Mass Appraisal Market Value tends toward the lower end of the range. Recent upgra es or remodeling efforts completed by a seller in order to prepare a property for sale, esped lIy tbose on the interior ofa building, are often not reftected in our Comparable Sale. Value. FiBally, our values are historical and are developed uling arms leDgtb sales (rom the t years prior to January 1. For this reason, our values are generally lower than what a ask for a property in today'. appreciating market. Appraisal Information 08 I 29 I 15 I 43344 I 000 I 0080 I'-feb-ZIOI Jim S~ith. CFA Pinella~ County Property Apprai~er 15; 1:35 a..id.ntial Prop.rtg Addr.... u... Co~orable ~ales value ~ased on historicsl .a1e8 from 1997 - 1999: 2".408 Prop Addr: 41 HID""Y IlL Census Tract: 2'1.'1 Sale Date OR BOOk/Paie Price (Qual!UnQ) Plat lnformation tiS': Book 141 P~~ 'iZ-'" "'1: Book Pie ....: Book Pi~ .. 1t.IU 5 /t.... ./l.ln . 'I 1.24111. IU '.751/1. $54 ..UII 171 " 1 us. II. (Q) U5. '" (Q) H..... (Q) . () I I I 2000 Valul:! EXEr-F T IONS .'r"... IIIII...Y"I.-... .... ..... u_____""___-' ~ 8AUE~OUR-HO"E8 cAPe I I A~~eaaed/Cap: 215.2 . - Taxable: III, U' 2000 TAX INFO Fire District: TAX Oiotrict: tV Cl..t-water Historic : Other Ex 8 flIP t : Acr1cul tural: Seawoll : I ~e X: 1..8. x Exe~t I: .000 A.V.U . 8 land Inforl"\ation v1ew; Frontace: Canal/River \., - \ ...(\ \ (<,' \/ <::y \\- / \. de V' d . ~ \ '7 '. \ " . ~~ ~.. ~.... . 122 P~l I I Eruest H. Mc~owell, D.M.D. Specialist IaOrt~odollt,"f& DtIltoracial Orthopedics ChUdre~, & Adults Non.au'lkal 'I'M>> Tl't.t1nent ; M..btr American AlSo<:l.tlop of Onllodontlsts , i Olplomate of Amerlc." Board orOrtllodontl~s FEE 22 '01 04:24 ~AX COVER COVBR SHEBT: PLEASE DBLlVER TRB fOLLOWING PAGES TO: ~~~~ FJ\X# . lo z. - 5; FIRM ERNE,ST H. MCDOWBLL, 0 . M. 0 NUMBER OF PAGES :2- (INCLUDING COVER LETTEIO IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL AS SOON AS POSSIBLE. TBLBPHON!# (727)442-6098 FAX (727)442-0510 '., ',., '~-; \\ \.-' ' .;.-\\ a,,--,~ 't",,' . ~ \ '- '~. , " ~_.;..,~/ " I \' ,-' \ \, ,\ " ',\ \, ,.. "\ . \,\."/.\ 1""l,t''J \ ',\ ,,'.\ t:.r:B toV I \\\\\\ r-r.-. i' \j \_'\ ....--". ,,----'- ,.^ \. r\.J~1~\'> ' 'c _~ .--- '~ . ..- ,------"" : 1433 Court senet, Ct..rwattr. FL 33'7~6 - 2445 Taltlpa RoaCfj""-~arbQr, F~ 34683 10601 SemlJsole Boulevnd, Larao, FL 33'1'78 ' ' ('127) 44:Z.6098 ~ -, ~..... , '1i.: . "'I:',;, '. ~" . " :':1.; ",,, I.... ::; I:,:i:) .,. " ,. ":' '.. .:~ :. .~ "~.<: 'F ::i~:':':'~:.. . ). ,,', . ' \.,"1.':",;,; ',. ; , : " :', . .. " [, ~~~""'f~ l' I", . ~ ..,' W: .... ,': "~::"\'~""". :.: , '," :' '~ 1':1' ,", .',' .,,' ",' ".1' ... '~)1Ieat~~~~... .'. r Specialist in Ortho~~8tkls .D.Dto.r.efaIOrdiO~ . .: C~tI1 &~ldu ,': ,I: .' N'Od-$1i~ITMD Tr~taitirt 'j' Member America, AS$OCiatlcu~ of OrthodontiB~ Diplomate of Am~rlc~n Board orOrthodonric:s ::':' '. .". '. . .....r.,::: >'., " : '.',1 ,~,. . " " ,'..~ '., "'.r:" . \' ~'\ February 21, 2001 :!; :Td whom it may'concern: I Please allow this letter to serve as myself gi~ing Todd :,Pressman the authorit}:" to make application with the Pity of . Clearwater on my behalf. The application(s) would co;ver both 42 Midway Island, as well as 1433 Court Street. Both properties of which I am the owner. i I Please call if there should be any questions at! (727) 442- 6098. Thank you. I Sincerely, 4:f 1). dIf' ;. . ~ . .' '. ..... .,(( ff7 . 6l-J":I~ Ernest H. McDowell, D.M: IJ~ i I Notary .~~/~tP/ USAK.1MM8 , , MY COf.t.tISStON, cC 889138 " EXPIfES:NMmber18,2lQ ..1Ci.IIi1l!nl~~~ ..i ,-lL_-,"-..;~,_.L \\\,\ : FEE 2 , 200i J\j\ [, -1- ,'" . i . ,')'. !~. --;^"..- J433 Court Street, Clellrwater, FL33756 - 2445 Tampa Road, P.lm Barbo., '~83- 1 ~601 'SemJnole Boulevard, Lareo, FL 33778 From: odd Pressman Fax: +1 (727)669-8114 . To: Mark Parry Fax: 562-4576 .1 of 3 Tuesday, January 23, 2001 8:36 PM to IFAX To: Mark Parry Fro m : Todd Pressman & Associates, Inc 28870 U.S. Highway 19, N., Clearwater, FL 33761 Phone Fax Phone 562-4576 Phone +1(727)726-8683 Fax Phone +1(727)669-8114 --- Mark - THANKS for looking at the application. I'm attaching the 2 sets of criteria. Also, wil be by for the check and 15 copies of 7 McMullen Boothe's application...can you leave the one I already gave out at the front counter for me?? Thanks. All the rest of the stuff will be there by Thursday at Noon. Thanks again !IU From: . odd Pressman Fax: +1 (727)669-8114 . To: Mark Parry Fax: 562-4576 .2 of 3 Tuesday, January 23, 2001 8:36 PM ! . Dr. Ernest McDowell General Standards/levell & 2 Conditions 1) All factors of the project will meet development standards, including FAR, ISR, set backs, etc., except a requested 5' set back on the rear. The scale and bulk of the site will not exceed requirements set by the City. As a residential lot, a residential structure is being built, and designed by one ofthe area's best regarded architect. Elements such as harmony, scale, bulk, coverage, density, etc., have been professionally studied, and are an integral part ofthe design, if not at the very core ofthe project. 2) With significant improvement and investment (please see colored rendering enclosed) the site will be a substantial improvement to surrounding sites. The project is residential, the surrounding uses are residential and are hamlonious. 3) This criteria is met just be the nature of the proposal. 4) This criteria is not really applicable. 5) Again, with the project residential, in a pure residential area, with pure residential adjacent, meeting all levels of development requirements ofthe City (minus the rear set back), designed by a recognized local architect, it must be consistent with the community character 6) Replacing a residential use, at allowable development standards, with a residential project, could not adversely effect surrounding uses, which are again, residential. J-. (.-.-)-"... /1 LI r . r:; I,) '. 1/ D/r.. (0 Ii; U lit /Is.-.'--;''c"'-:'-. .fIR) 'J LC I~) If! I i " " . ~I " I !! 1'-' l1! JA-, '- q "''''" .' / /. I.L. .......:)....1;' 'j i! I PI A '. I Ii! I IJiN"'i'''~ I'" i, . I ~', \',_';\ 1)7~____ '--..,../; ---S'. . (\~ :'.' t f :', ,~:. '.\.i'T~: .-----.~~~ '_ ) rVR VCS ----, . To: Mark Parry .3 of 3 Tuesday, January 23, 2001 8:36 PM From: . odd Pressman Fax: +1 (727)669-8114 Fax: 562-4576 Dr. Ernest McDowell Residential Infill Criteria 1) The use of the site at today' s development standards, including in a minor capacity the raw cost of the property, along with the allowed use ofthe dock on a water way property, makes the proposal practical, especially in consideration ofthe abutting properties, with similar existing characteristics. Similar existing characteristics include the neighboring property's and their set backs. The South lot having the set back proposed here and the North lot having a graduated structure that evolves into a similar proposed set back. 2) The effect ofthe proposal, by it's nature, could not possibly effect abutting properties. With similar conditions existing on abutting properties, with a very large dock structure on this site, and the nature ofthe use proposed into the set back (pool and deck), no negative effect could be found. The similar characteristics include the same set back existing that is proposed here. -1 3) This criteria is met. 4) The use it self is totally a similar use.. .that being residential in nature and character. All surrounding uses are residential as this is. 5) The project proposed will be a hugely substantial improvement for the site. Currently existing is a home built many years ago. the installation ofthis project will be an improvement and addition of current landscaping, architecture and design. It will substantially increase the values of all homes in the area. The current house and property are moderate in appearance and upkeep. What is proposed is a cutting edge, first rate dramatic structure that reaches far beyond the older site, and injects today's architectural standards and style. The value of the property is expected to more than double. The project will al be built at one time. 6) The design ofthe structure, by one ofthe most outstanding architects in the area, Joe Oliveri, will be a true addition to the area, and add substantially to the character of the street. The elevation included with the packet speaks for itself A colored rendering has already been submitted for color. It will be in keeping with the neighborhood in the sense that it will pull along and up the existing structures in style and structure. 7) The flexibility allows the use ofthe site as best planned and designed for it's location in that part of the City. The benefitsl1rthe project will be felt throughout the community, in that vicinity, and on that street as a huge improvement ofthe lot. This is the best plan for the economic factors ofthe lot, the use ofthe lot on the water and in the location ofthe home in a strdfilg residential area. These factors come together in the design and structure ofthe house. It will usher in the next wave or design of homes for the future. 1 1 '1 !fN: @1fD~ 0~l: I' I J f: ., " If i! Ii .,1.... <fn..; r-~-f f -. '-,I ... __I I , 1.-. _ L!!) :' ---~'- ,..~~~.~t~ svcsf ---~,.J f' Receipt No: Date: Line Items: Case No FL 01-01-02 Payments: Method Check 1199826462 1/25/2001 Tran Code 04 Description Flexible Residential (SFR) Revenue Account No. Payer PRESSMAN & ASSOC. Bank No Acct Check No 1686 TOTAL AMOUNT PAID: Amount Due $200.00 Amount Paid $200.00 $200.00 ('!TY CLEAI~';;vA j I:.H / H 1 D :1. " GZ ;::UU.UU "{'O'T L ~20U 11 DC 1\:~:;:4696 :;DD }3?;{t5 D I i J .~ ~ t j ~ ) i 1 . . Parry, Mark From: Sent: To: Subject: Presslnc@aol.com Tuesday, January 23,2001 9:11 PM m parry@clearwater-f).com Island Estates Application (Todd Pressman) Values by the property appraiser: - Just Market: $243,500 - Taxable Value: $190,200 - Sales Comparable Value: $296,400 Thanks. 1 'I I . . PRESSMAN & ASSOCIATES1 INC. Governmental & Public Affairs Dr. Ernest McDowell Residential Infill Criteria I) The use of the site at today's development standards, including in a minor capacity the raw cost of the property, along with the allowed use ofthe dock on a water way property, makes the proposal practical, especially in consideration of the abutting properties, with similar existing characteristics. Wh,J "trlZ.. -tl.L <;;IJ< j/lfr ~r-&tc Jl/I"":s~-c; 5" H"w';> .}i,t (;le ~ kfl s:k c/,'~a.J- J;....V40 p rft-r s; k, ;'" J.(lZ.. I/~,?~~,.I.".j 2) The effect ofthe proposal, by it's nature, could not possibly effect abutting properties. With similar conditions existing on abutting properties, with a very large dock structure on this site, and the nature of the use proposed into the set back (pool and deck) , no negative effect could be found. 3) This criteria is met. 4) The use it self is totally a similar use... that being residential in nature and character. All surrounding uses are residential as this is. 5) The project proposed will be a hugely substantial improvement for the site. Currently existing is a home built many years ago. the installation of this project will be an improvement and addition of current landscaping, architecture and design. It will substantially increase the values of all homes in the area. 6) The design of the structure, by one of the most outstanding architects in the area, Joe Oliveri, will be a true addition to the area, and add substantially to the character of the street. 7) The flexibility allows the use of the site as best planned and designed for it's location in that part of the City. The benefits if the project will be felt throughout the community, in that vicinity, and on that street as a huge improvement of the lot. 28870 US Highway 19 N. · Suite #300 · Clearwater, FL 33761 Phone 727-726-VOTE (8683) · Fax 727-669-8114 · Cell 727-804-1760 · E-mail: pressinc@aol.com . . ~ loNG RANGE PIANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 May 22, 2001 Dr. Ernest McDowell 42 Midway Island Clearwater, FL 33756 1= I L I; RE: Development Order regarding case FL ~42 Midway Island COpy Dear Dr. McDowell: This letter constitutes a Development Order pursuant to Section 4-206 D.6 of the Community Development Code. On May 15,2001, the Community Development Board reviewed your application for Flexible Development approval to construct a 2.5-foot high raised pool and deck, with a reduction in the rear setback from 25 feet to 10 feet, as a Residential Infill Project. Based on the application and the staff recommendation, the Board found that the proposal is in compliance with the standards and criteria for a Residential Infill Project, the maximum development potential standards and all other applicable standards of the Community Development Code. The Community Development Board approved the application with the following three conditions: 1. That the pool deck be limited to 2.5 feet in height and provide a minimum south side setback of 17.5 feet and a minimum north side setback of 14.5 feet; 2. That no portion of the pool deck, landscaping, or future fencing encroach into the waterfront sight visibility triangle as defined by Code; 3. That any future request for a screen enclosure be approved by the Community Development Board. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (May 15, 2002). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. BRIANJ. AUNGST, MAYOR-COMMISSIONER \X!HITNI,Y GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER ED HART, COMMISSIONER * BIUJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" McDowell, Page 2 42 Midway Island - Development Order May 22, 2001 . . , Please remember that a building permit and impact fees will be required prior to the construction of the project. It should be noted that all applicable Building Code regulations must be met including the setback to seawall requirements. Should you have any questions, please call W. Ryan Givens, Planner at 727-562-4504. ve7jru:;;J~Jr& Gerald Fi~rski, Chairman Community Development Board \\MS2\PDS\Planning Department\C D B\FLEX\Innactive or Finished Applications\Midway Island 42 McDowell - Denied\Midway Island 42 revised DEVELOPMENT ORDER.doc . . flU Harriger, Sandy .... From: Sent: To: Subject: Molino, Dan [Dan.Molino@tropicana.com] Tuesday, May 15, 2001 10:35 AM 'sharrige@clearwater-fl.com' Hearing Request FL-01-01-02 Kindly distribute the following to all Community Board Members, regarding Mr. McDowell's request for a variance at 42 Midway Island.: Dan A. Molino 318 Windward Island Clearwater, FL 33767 May 15, 2001 Community Development Board City of Clearwater PO Box 4748 Clearwater, FL 33758-4748 To the members of the Community Development Board: As a former President of the Island Estates Civic Association, I am writing to ask that you deny Mr. McDowell's variance request at 42 Midway Island and maintain the present City Code set back restrictions. The homeowners on Island Estates have paid a considerable premium for waterfront property and feel strongly that the existing City Code should be uniformly enforced. We believe that once variances begin to be granted, each new request will be premised on the previous variances granted, and a very harmful precedent will be set. When the new City Code was being written , the residents of Island Estates worked very hard with the Planning Department to assure that the code would include 25' setbacks from the seawall. The city agreed and this was put in the new code. Sincerely, Dan A. Molino, P.E. p:st-,e 51, ::/ () J C D/!;) rvo- 1 .. . . ... Mr. and Mrs. James B. Watt 41.1 Windward Passage Clearwater, Florida 33767 May 14, 2001 Community Development Board City of Clearwater Clearwater, FL 33758 To the members of the Community Development Board no At the April 17 meeting of the Community Development Board a favorable vote was cast to reconsider the vote of March 20,2001 which denied the request of Ernest H. McDowell to reduce the rear setback at 42 Midway Island from 25 feet to 10 feet. This vote for reconsideration was based upon allegations that fraudulent and misleading testimony was given at the March 20th meeting of the Board. The rules of the Board prevented Mr. Stebbins and I, the people who were alleged to have given the fraudulent or misleading testimony, from responding at that meeting, prior to the vote by the Board to reconsider the variance request. In our testimony on March 20th we stated that the Island Estates Civic Association has been engaged in a project to establish a Neighborhood Conservation Overlay District under the provisions of the City Code of Clearwater. As part of that effort we stated that over 60 % of the property owners on Island Estates had signed petitions to the City to begin the process of establishing the Conservation District. Sample provisions, which may be included in the Overlay District, were developed with close consultation with the City Planning Department who have been most helpful to this effort. These sample provisions have been widely circulated to property owners of Island Estates. One of these provisions states U Rear setbacks shall be 20ft. or 25ft. consistent with contiguous property". We concluded that, "in effect, over 60% of property owners on Island Estates have indicated their support for maintaining our present rear property setbacks". It was asserted at the April 17, 2001 meeting of the Community Development Board that this was fraudulent and misleading testimony because property owners simply signed petitions which asked the City to initiate the process to establish the Conservation District, and did not specifically sign a petition indicating support for maintenance of the present rear setbacks on Island Estates. The City Planning Staff for our use developed the wording of the petition form. Because all of the sample provisions are simply a starting point for the District approval process, it was determined that they should not be included on the petition fp.IID,,--... !f ii}.~ [~~ -C}1frD"~-fY~ I' './): .~~t::::l L!t u;;~~ ~: ~~ 1; ; f !} : r li . I "l\; -, i " I' ,\~!\ -r I', . ':1'1' ' I ~ w wl ~ " ,~I liJ ~ i " .," ". L 4 , pi!'." i~ ' WifH-.fJNG,~ D'- '-' iL= CITY - ....tVp.OPMENl BileS cABWATER /Ps II' 1),1<," Cf'tJ 7 +u ,c.;-_cl . . In the process of collecting the necessary petition signatures, the sample provisions were a part of the packet, were discussed at three Association membership meetings, and widely distributed to property owners. They were included in the Association's May, 2000 newsletter distributed to all Island Estates Residents. Therefore, to assert that residents of Island Estates didn't know the sample provisions when they signed their petitions is simply not factual. Residents of our community are well educated and professionally successful. Island Estates residents do not sign petitions or other documents without understanding their contents. This fact is further documented by the fact that of all the people in our community asked to indicate their support, 8 % indicated they did not support one or more of the provisions and declined to sign the petition. The strength of the support on Island Estates is attested by the fact that of all asked to sign the petition, 92 % indicated their agreement, a remarkable success rate in these times. The attached chronology and exhibits detail the extensive education and information effort undertaken by the Civic Association to assure that every property owner had the opportunity to express themselves on the proposed Neighborhood Conservation Overlay District. The vote to support the effort was overwhelming. The sample provisions to be the basis of the effort were widely circulated and discussed in the community. On April 17 it was asserted that fraudulent and misleading testimony was given because the residents signed a generic petition form developed by the City. The petitioners for this variance did not disclose to the Community Development Board the full and complete information and education program that lead to the signing of these petitions. Only selective information was presented to you, and relevant information, which was freely available in the community, was withheld from the Community Development Board. Island Estates residents are intelligent, aware and involved citizens of our Clearwater. They have indicated their overwhelming support for maintenance of the present rear setbacks in our City Code. I respectfully ask the Community Development Board to rescind their finding that fraudulent or misleading testimony was given and to honor the will of the residents of Island Estates by declining this request for variance. Thank you for this opportunity to present my views. Sincerely, ; .' \ i !' A , j')~ fjf Z~~/~j /0 lVrl!' ~ /< J~ B. Watt .~. . . CHRONOLOGY OF PROPERTY OltVNER COMMUNICATIONS NEIGHBORHOOD CONSERVATION o VERLA Y DISTRICT ISLAND ESTATES CIVIC ASSOCIATION Prepared for the City of Clearwater Community Development Board Meeting, May 15,2001 The Island Estates Civic Association has made a conscious attempt to assure that all propelty owners in our community are accurately informed of the reasons for and development ofa Neighborhood Conservation Overlay District. Working closely with the City of Clearwater Planning Department staft: the Association has held a number of public meetings, and sent several informational mailings to property owners over the last 20 months. Following is the chronology of this eflort, cross referenced to the attached exhibits of these mailings. November, 1999 - Annual membership meeting of the Civic Association - major agenda item was the Overlay District, substantial discussion and distribution of the committee's initial items (later revised based on input received at the meeting) for inclusion in the Overlay District. February 2000 - Brochure (Exhibit A) mailed to all property owners on Island Estates with Petition Form developed in conjunction with the City's Planning Staff March 18, 2000 - Mailing (Exhibit B) to all property owners in Island Estates discussing the process of development of Overlay District and inclusion of the Petition Form developed in conjunction with the City's Planning Staff April 2000 - General Membership meeting of Civic Association where Overlay District was again fully discussed and changes to the item:; to be included in the Overlay District made based on input received at this meeting. April 2000 - Second mailing (Exhibit B) to property owners of3/18/2000 mailing and hand canvassing of property owners who had not responded to the earlier mailings. Mav 2000 - Island Estates Civic Association Newsletter (Exhibit C) distributed to all residents ofIsland Estates. This newsletter included an update and full listing of all preliminary items to be included in the Overlay District. June, 2000 - Personal canvassing of property owners who had not responded with packet (Exhibit D) including full listing of all preliminary items to be included in the Overlay District. November 2000 - Over 60% of property owners sign the petition to initiate the process of a Neighborhood Overlay Conservation District as required by the City of Clearwater. Of all approached, 92 % indicated agreement with the proposal, 8% indicated their disagreement with the proposed Overlay District. 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"" .... ~!l!l ~ n (') t:'S liD (1t :t ~ ~ (') l:S o ~ (1t 11 - tb '-01 ,/"') .....,.. .... u ~ ~ -<l in~~ ":i Q I'll .... ::s 0 ~ ~ III ........ ~ ~ $>> .~~ ~~ PI ~ ~ ~ = ::r' e p... ~ 1:1 tI:1 > o III ~ .l!J ("to. .l!J (1t PI PI ":i ~ t:'S :;- a.J ~ ~ I:T': (0 ~ ~ D!l " S ~ S' 0 (Jq 0"\ 'TJ g2,;f\.l qQ' 0 (1l ~ ::r::s C:l (lI cr"(1l 5'::3 o ~ n. :-"' = 0 ~ ~. a t:1 (1Q :T:!tT1 0' ..... tT1 0&0 ..... 0 ~ ~ ~ ~&~ ;::: t'1l ';;d (JO::l~ ..... ~ \.l Ol'>)~ CI> c.o ~ ~ Z lJJ (fJ ~ 2' () o P3 Ei s: :;:t. ::.l ~ g 9. Vl o 8 a s:: ::3 ..... ...... ~ . . 13 March 18, 2000 Dear,N.elghb.or: ... We must all work together to ensure that the quality of life on Island Estates constantly improves regardless of future changes to the City codes. As a deed restricted community, the law allows us to form (at no cost) our own Neighborhood Conservation Overlay District (NeOD). The NeOD will allow us to propose speCific regulations intended to preserve the character of our area. Island Estates was developed in phases by different developers. There are over ten varying deed restrictions within our community. Your CIVic Association does not have any power to enforce compliance with deed restrictions. As deed restriction violations continue to increase and go unresolved, the benefits of buying and living in a deed restricted community are lost. To form our own NeOD, sixty percent (60%) of Island Estates' property owners must approve the enclosed petition. Please note: This petition is not for speCific approval of any deed restrictions; this is only to initiate the process. A minimum of four public meetings will be held where residents will vote on proposed deed restrictions. Kindly refer to the enclosed brochure for additional information and specifics. Wh' MUST HA VB YOUR APPROVAL TO BEGIN TIlE PROCess. Please return the enclosed petition prior to April 10, 2000 to be eligible to win gifts from area businesses. A drawing wilt be held and winners will be selected on April 12. Sincerely, Island Estates Civic Association Board of Directors ( -- . - ISLAND ESTATES CIVIC ASSOCIATION PO Box 3154 Clearwater, FL 33767 . 'May 200~ PRESIDENTS MESSAGE Dan Molino Where has the year gone; can you believe it is already May? It seems like just last week that this year's Board of Directors mat to discuss our year 2000 goals. The goals were set not just to maintain, but to improve the special Quality of Life we sharo/iving on Island Estates. Unfortunately, we can't blame the publication delay of this newsletter on the Roundabout (seems like its blamed for everything else). The newsletter was delayed in order to summarize the events and actions of last months Semi Annual meeting. At the meeting. a near unanimous number oftha over 300 Island Estates residents vQCllerously requested I demanded that the City not pursue obtaining a "public dock" p8ffl!it for the proposed Shooters restsumnt The restaurant was planned at the site of the formBr Crab House restaurant on Island Way. The City listened and quickly acted at the urging of Commissioner Ed Hart and City Manager Mike Roberto, (both of whom aUended our meeting) to cancel the dock permit request. All Island Estates residents should be proud to know that the City continued OIl pago 2 I lflSl'DeTH'S I $5i~IL Neighborhood ConselVation OverlaY DIstrict 2 Sunset Sam Park 3 Adopt a Cui De Sac 4 Petition Prile Winners 5 Un - Fundra\ser contributors I NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT .Jim Steenson The lVeighborlJood Consenmtion Overlay District is proceeding as anticipated. slowly. It has a long procedure to follow. .To expedite the process, the commitfoe iniIiaJIy mailed an informational pamphlet and petition card to tIH1 single residetlG8 property owners. This was fo/IotWIld by hand delivering the package to the Condo and Townhouse Homeowners Associations. The pamphlets summsriZed the Reasons why the program should be incorporaIBd into our present Deed Restrictions. This program is not a fBPIacement for the present deed restrictionS. This is an addition to and includes some at our pmsent Deed RestrictiOnS. The pmposed additions are summariZed inside this newsletter. The additions will not effect nor restrict our Quality of Life on Island Estates. They will preclude neighbor suing neighbor. but as important. the NCOD win protect us from future City Coda changes. The City of Clearwater is presently making revisions to the recently enacted land development code. Refer to the Sf Petersburg Times Clearwater Section in the article "Condo rental restrictiOns gain ground" of March 22. Note. some of the proposed changes CDntemplated which will affect our area. The NCOD will stop these proposed changes in our neighborhOod. Remember a vote for the Neighborhood Conservation Overlay District ;5 a vote only to inItiate the proooss. The final additions shall be detennined by YOU after several public meetings. A lot more work is needed before we attain our goals. . PRBSIDI!N-r'S MESSAGe (CONTINUEOfROM PAGE 1) Commissioners and City Manager Mike Roberto (one of our strongest supporters) not only I;~ten, but most importantly, act on our concerns. At the January 2000 monthly meeting your Board voted to implement the following four goats for this year. 1. Form Clearwater's first Neighborhood ConsefV8tion Overlay DistriCt (NCOD) 2. Begin Phase" of the Entrancoway Landscape 3. Improve pedestrian safety at our intersections 4. D~d;cate the SUnset Sam Park on Windwatd Passage. 1) Pamphlets explaining why your Board favors establishing the NCOQ, including a signature can:J for the petition, have been mailed to over 500 property owners. We have received 186 YES votes and 16 NO votes as of May:{fl. We need 407 YES votes to Initiate the process with the City. PleaSe mfer to the em;/oSUre for additional information. we need your help. Please return the petitions fo the comnulfee memberS or to PO Box 3154_ 2) The Board contracted a 1ocaIlandscap9 company under Bob Shipp's guidance to add new plants and color to ourentrsnceway. HopefuUy you are pleaS8d with the results. The future plans are to landscape the entire length of Island Way. 3) Thanks to Police Chief Sid Klein's leadership, the focus for improving pedestrian safety started with the Police Department's "high profile" speed enforcement operation on Island Way. The police handed out 101 citations. One individual was cited at 51 mph in a 30 mile zone. Please ensure the safety of pedestrians and bicyclists; observe the posted speed limits.. The Police Dept. has said, "they will be back". 4) After much hard work by present and past Board members (especially Fran Briskman and Charlotte Endler), the new City Park at the west end of Windward Passage will soon open. Dedication ceremonies are scheduled for the end ofthis month. . Visitors mading some of the letters in the locaf . newspapers and not familiar with fhis ares, 'lIould thin/{ that we are Wing in a 24 hour traffic jam. surrounded.... by secretiVe politicians, wit" famine, drought and pestilence pervading the area (a woman actually wrote she is moving to Pinel1as Park because of the .) .,.; Roundabout; how totally ludicrous}. Nothing is further- ',.; from the troth. WE HAVE IT GOOD (not to say it can not be improv~d). unlesswff:P!Q~~gflfti west coast to non4ti highways with high rise garages on the beach,w8 will always have traffic problems. We all dlsBgree with some of the business methodolOgy that has b8811 conducted at City Hat/. However. can anyone deny the fact that overall C/oanvater. and specifically our area. has become mom dynamic. more attractive to visitors and has Increased our property values? Lets keep the pressure on our Commissionsm to build the bridge and improve downtown, the Bluff and the BayflOnt for ALL Clearwater cilizens. Almost seven yeatS ago before we mfJV6d to Island Estates. I asked a friend msiding here how he left the wands on weekends with the traffic problems (yes. we did have traffic probJem& before the Roundabout). His answer was brief and to the point ''why would you want to fe8ve'?" My sentiments EXACTL Y. I apologize for the editorializing. but it is very aggravating when. instead of reading objecHve news we have to read newspapers that I'6ly on negativity and slam~type reporting to improve their profits. We have a lot more work to complete this year. We need your help. PI9as7j~if1"!l~;~~~8f,!~t(9?t?;~f!!81,!~\; . financially, and most import~it~r-:;.t~"~~~~I)~~'ideiis.to' ". the table to improve-qLJr,@ifJ~t1qItiiXiJ." . .1. c ."ur J!.n..I . . . 1. Parking on grassy medians or cuI de sacs is prohibited at all times. 2. Only grassy/landscaped yards will be permitted and must be extended from curb to sidewalk. new gravel yards will not be permitted. ' 3. Vehicles cannot be parked regularly on any part of property except paved driveways. 4. Trailers cannot be stored on property and no boat can be on the front property for more than 20 . clays. 5. Dwnpsters. trash and recycling containers, newspaper and real estate stands, must be enclosed with opaque fencing and/or landscaping. 6. Houses cannot be rented for a period of less than 3 months. 7. AU real estate ~igns inclusive of rental and sales signs cannot exceed 11 x 8 ~ inches. II. CONSTRUCTION 1. Any future constmction will not be permitted on smaller than platted plots. 2. Out buildings (detached structures) cannot be constructed on single family residential properties. 3. All air conditioning units are required to meet the setbacks and will be raised and shielded aesthetically with vegetation. bushes. fencing etc. 4. 'No more than one home entrance will be permitted in front facade or any property. 5. Rear setbacks shall be 20ft. or 25ft., consistent with contiguous property 6.No new above ground structure can be built within the seawall setbacks. III. FENCES & SEAWALL 1. Side fences shall not exceed 6 feet in height except within 10ft. of a seawall. Side fences within 10ft. of a seawall shall not exceed 4ft. in height. 2. All fences along a seawall will be required to be chain link or aluminum square tube in dark green or back color and not exceed 4 ft. in height. New picket fences will not be pennitted. 3. All new docks and tie poles win be required to meet a twelve foot setback on either side of the property, except multifamily units and seawall less then 60 ft. in length. 4. No unshielded lights will be pennitted on docks or in rear of homes. 5. No additional boathouses or roofs over lift/docks will be permitted. 6. All damaged or collapsed seawall must be repaired within 60 days. (~ ~ Civic Associati.J Inc. 1) P. O. Box 3154 · Clearwater, Florida 33767 Dear Neighbor: Several weeks ago our Civic Association mailed over 575 petition requests to initiate the process to form our own, and Clearwater's first, Neighborhood Conservation Overlay District. As of today we have received 320 YES votes and 34 NO v'otes in response to our request. Sixty (60) per cent of the property owners must approve (378 YES votes) the petition before we can initiate the NCOD process Enclose are two recent St. Petersburg Times articles regarding our neighbors' and the City's efforts to maintain the high standards we are accustomed to in our community. We do not want special interest groups to persuade our elected officials to implement or revise Deed Restrictions which pertain to our unique quality of life on Island Estates. Your YES vote does not signify your approval of all, or any specific Deed Restriction, as outlined in our newsletter (a copy of our proposal is also attached). It allows us the opportunity to INITIATE THE PROCESS. Approval of all or some of the proposed restrictions will only occur after six public meetings are held with the residents oflsland Estates. Kindly fill in the requested information on the attached PETITION with your vote to either approve or disapprove the PETION request to establish Island Estates as Clearwater's first Neighborhood Conservation Overlay District. Sincerely, Island Estates Civic Association Board of Directors . NEIG HBORHOOD4jNSERV A TION OVERLAY DIST.T PROPOSAL 1. PROPERTY 1. Parking on grassy medians or cuI de sacs is prohibited at all times. 2. Only grassy/landscaped yards will be permitted and must be extended from curb to sidewalk; new gravel yards will not be permitted. 3. Vehicles cannot be parked regularly on any part of property except paved driveways. 4. Trailers cannot be stored on property and no boat can be on the front property for more than 20 days. 5. Dumpsters, trash and recycling containers, newspaper and real estate stands, must be enclosed with opaque fencing and/or landscaping. 6. Houses cannot be rented for a period of less than 3 months. 7. All real estate signs inclusive of rental and sales signs cannot exceed 11 x 8 ~ inches. II. CONSTRUCTION 1. Any future construction will not be permitted on smaller than platted plots. 2. Out buildings (detached structures) cannot be constructed on single family residential properties. 3. All air conditioning units are required to meet the setbacks and will be raised and shielded . aesthetically with vegetation, bushes, fencing etc. 4. No more than one home entrance will be permitted in front fa~ade or any property. 5. Rear setbacks shall be 20ft. or 25ft., consistent with contiguous property 6.No new above ground structure can be built within the seawall setbacks. III. FENCES & SEAWALL 1. Side fences shall not exceed 6 feet in height except within 10ft. of a seawall. Side fences within lOft. of a seawall shall not exceed 4ft. in height. 2. All fences along a seawall will be required to be chain link or aluminum square tube in dark green or back color and not exceed 4 ft. in height. New picket fences will not be permitted. 3. All new docks and tie poles will be required to meet a twelve foot setback on either side of the property, except multifamily units and seawall less then 60 ft. in length. 4. No unshielded lights will be permitted on docks or in rear of homes. 5. No additional boathouses will be permitted. Roofs over lift/docks are permitted. 6. All damaged or collapsed seawall must be repaired within 60 days. 3-22-01 i11 :12AMiCITY CLE.' DEPT. ;727 562 4086 # 1/ 1 "-'T<"~.~IiESSMAN'&Asso~2:~2 INC:~ ""'" GOVERNMENTAL AND PtIBLIC AFFAIRS 28870 U.S. HIGHWAY 19, No, SUITE #300, CLEARWATER. FL 33761 PH. 727~726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL.PRESSINC@AOL.COM Fax Message from the Desk of Todd Pressman MEMO TO: city Clerk, Cyndi Goudeau FROM: Todd Pres.sman DATE: 3/22/01 RE: Reconsideration Request Please accept this communication as an official request ofreconsidertion in regard to the CDB for ease #FL-OI-OI-02. Dr. Ernest McDowell at 42 Midway Islands. This issue appeared at the last CDB meeting 01'3/20/01. Please call me ifany additional information or documents are needed or required for the 4/17/01 Board meeting. Thank. you 0 ftr,-frJ h~ /0 W~ ~ Lfll1lo; mt5 ElLI fL. fJI'O ,. 02- t~~I\ r,- \.'. _.V ".).. I (;;i r-o II n! ! ,- , I, ' I"L ~ ~ /' ~.:. .i" I c" I ''--__... c:~_'.. I JO . ","".:~,,".JINN ~Vl~! . "':' n II 'J '.... ". J j " , \ ! _____::..:-___l ..~._--_.----_..._... -_._~...,. ".__.~.__..'-,,,._._......_- .-... ...~._..~..".. .. ..... . . .. ... .., ~ . . . 4fL~P_l,!:('*:~)~~~(;^ ~. V(i',./. tl"t 0, 'f!.~' '.~ A " ~,.... ,,1~ :~.,.. 4.~'t 'l (y<ifi>fCQ-r. ~>:F::' 11~\'f:!:;\~f;l' ~~#~,..:)~ \'~ ":"~,\~ 1- , ~-,~ (j~':"\' 1/~JJ)i h !;: '::, ,.~' ....'(1)/.. ;IG.'-::I - _,,_ .' " . '...::c." " . ,-~ ,.... II; ,,:,~~ :::c:::==- ~lt '~,.~...._-:.-=::=--=- ,,~...It ~t;;~fT~~E;;6'~~\\' ...._ '" {'\, ,.t 4'~ -#' ..!!ULI." C I T Y 0 F CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW HOUSING DIVISION NEIGHBORHOOD SERVICES March 27, 2001 Dr. Ernest McDowell 42 Midway Island Clearwater, FL 33756 RE: Development Order regarding case FL 01-01-02 at 42 Midway Island Dear Dr. McDowell: On March 20, 2001, the Community Development Board (CDB) reviewed your Flexible Development application to construct a 2.5-foot raised pool deck, with a reduction in the rear setback from 25 feet to 10 feet, as a Residential InfilI Project. A motion to approve the application resulted in a vote of two to four. Because all actions by the Community Development Board require four affirmati ve votes, the application was rendered denied. Please note that any appeal to a Hearing Officer must be filed within 14 days of the decision per Section 4-502 B (as attached). A fee of $500 must accompany any appeal filed. If you have any questions, please do not hesitate to call Lisa L. Fierce, Development Review Manager, 727-562-4561 Sincerely yours, . ~ut41~ Gerald Figurski Chairperson - Community Development Board Cc: Todd Pressman Attachment as noted S:\Planning Departmenf\C D B\FLEXVnnactive or Finished Applications\Midway Island 42 McDowell - Denied\Midway Island 42 DEVELOPMENT ORDER. doc BRIAN ]. AUNGST, MAYOR-COMMISSIONER ].B. JOHNSON, VICE MAYOR-COMMISSIONER ED HART, COMMISSIONER * BOB ClARK, COMMISSIONER F, DAVID HE~1ERICK, COMMISSIONER "EQUAL EMPLOYMENT Al'lD AFFIRMATIVE ACTION EMPLOYER" p;a:ning & Development Services Adm.tion 100 So. Myrtle Ave., 2nd Floor Clearwater, FL 34616 ;." .-/0 CITY OF -~~..a=rK.J=..Jer.E.-~ ""'I;;"'"..~._ ..~ .. - -- _____m__ --------- Fax To: ,.-,co;? flCS>/YlR/V Fax: U&!Cf -- ~//tf From: E 6Cb"/E p(../$ . Pages: (Including this page) Phone: Date: Re:pO. ~//u//9'f /S?/h?VP 'IZ 7~~5"Z:::r'j CC: o Urgent o For Review o Please Comment 0 Please Reply . Message: I , . ,. Planning & Development Services Administration 100 So. Myrtle Ave., 2nd Floor Clearwater, FL 34616 CITY OF CLEARWATER Fax To: ~.?/ ~.s;n#,u Fax: 012'1- 8//~ From: / G/b""~S Pages: (Including this page) Phone: Date: Re: CC: o Urgent ~view 0 Please Comment 0 Please Reply . Message: . ~ 2-201 . COMMUNITY DEVELOPMENT CODE ties which create unique opportunities to increase property values and the overall attractiveness of the City. Section 2-201.1. Maximum development po- tential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the LMDR District shall be deter- mined by the standards found in this Develop- ment Code as well as the Countywide Future Land Use Designation of the property. Develop- ment potential for the Countywide Future Land Use Designations that apply to the LMDR Dis- trict are as follows: Countywide Future Maximum Dwelling Maximum Floor Land Use Units per Acre of Area Ratio /Imper- Designation Land vious Surface Ratio Residential Low 5 dwelling units FAR .30/ISR .60 per acre Residential Urban 7_5 dwelling units FAR AO/ISR .65 per acre COrd. No. 6526-00, ~ 1, 6-15-00) Section 2-202. Minimum standard develop- ment. The following uses are Level One permitted uses in the LMDR District subject to the mini- mum standards set out in this section and other applicable provisions of Article 3. Table 2-202. "LMDR" District Minimum Standard Development Min. Lot Size Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.J Parking Front Side Rear(J) Accessory pools and screen enclosures 10 Community Residential Homes (up to 5,000 50 25 5 15 30 2/unit 6 residents) Detached Dwellings 5,000 50 25 5 15 30 2/unit (1) Waterfront detacheddwelline:s in LMDR District should be 25 feet except as provided in Article 3 Division 8, S"ection 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. Supp. No.1 CD2:12 . . ZONING DISTRICTS S 2-202 LOW MEDIUM DENSITY RESIDENTIAL DISTRICT ("LMDR") MINIMUM STANDARD DEVELOPMENT SF (d) [;] SETBACK: REAR 1 5 .. [EXCEPT WATERFRONT] FEET CRH 15 SETBACK: REAR FEET ACCESSORY 1 0 .. SWIMMING POOL SETBACK: REAR FEET LOT AREA SF (d) 5,000 S.F. LOT WIDTH SF(d) 50 FEET CRH 5,000 SJ. CRH 50 FEET ACCESSORY USES ACCESSORY USES ~A NM MAX. HEIGHT SF(d) 30 FEET CRH 30 FEET ACCESSORY USES [WsW1 SETBACK: SIDE ~ SF(d) 5 SETBACK: SIDE FEET SETBACK: ~~~ IF~E~I / /,// AiTB~~~:R:R~~~ ~~; SETBACK: F~~~i [F~~T SETBACK: FR~~~ [F~~TI Supp. No.1 (Ord. No. 6417-99, ~ 2, 8-19-99; Ord. No. 6526-00, ~ 1,6-15-00) CD2:13 , LL o >- I- FAX o Planning and Development Services Administration 100 S. Myrde Avenue P.O. Box 4748 Clearwater, Florida 33758-4748 Telephone (727) 562-4567 Fax (727) 562-4576 TO: Mr. Jim Watt FAX: TELEPHONE: TELEPHONE: 727-443-1768 727-443-0088 FROM: Mr. W. Ryan Givens, Planner 727-562-4504 SUBJECT: FL 01-01-02 - 42 Midway Island Staff Report NUMBER OF PAGES DATE: March 14,2001 INCLUDING COVER: 9 Attached please find the final staff report for Case FL 01-01-02 - 42 Midway Island. It should be noted that the request has been modified to reduce the rear setback from 25 feet to 10 feet (the original request was to reduce the rear setback from 25 feet to five feet). The pool deck is proposed at 2.5 feet above grade. Please review the recommended conditions of approval that staff feels will ensure the proposal is compatible with the neighborhood. The Community Development Board will hear this case on Tuesday March 20, 2001 at City Hall, Commission Chambers. The hearing will begin promptly at 1 :OOp.m. If you have any additional questions, please do not hesitate to call me at 727-562-4504. w e- 9iY~I'l~~~yal'l~~.... To: Mahony, Thomas Subject: Maps for Community Development Board hearing ---------- e~ Pagelofl Attached are two sets of maps that I need for the next Community Development Board Meeting. If at all possible, I would like to have the maps by next Wednesday, March 7, 2001. thank you. 02/28/2001 W. Ryan Givens, Planner City of Clearwater Planning & Development Services 100 South Myrtle Avenue Clearwater, Florida 33756 telephone 727-562-4504 fax 727-562-4576 . ~~'Z)oeudt /1/.... ~,~ . Ernest H. McDowell, D.M.D. Specialist in Orthodontics & Dentofacial Orthopedics Children & Adults Non-surgical TMD Treatment Member American Association of Orthodontists Diplomate of American Board of Orthodontics February 21, 2001 To whom it may concern: Please allow this letter to serve as myself giving Todd Pressman the authority to make application with the City of Clearwater on my behalf. The application(s) would cover both 42 Midway Island, as well as 1433 Court Street. Both properties of which I am the owner. Please call if there should be any questions at (727)442- 6098. Thank you. Sincerely, 4If(ff7fJaJ~'~ Ernest H. McDowell, D.M.D. ~$~ Notary c?1 ;:;2/ --C/ I ~..~~~ USA K BREMS !.'f"J;.\~ MY COMMISSION # CC 889138 lJ.}~if EXPIRES: November 18, 2003 ~iIY.:th~ Bonded Thru Notary Public Underwriters 1433 Court Street, Clearwater, FL 33756 - 2445 Tampa Road, Palm Harbor, FL 34683 10601 Seminole Boulevard, Largo, FL 33778 (727) 442-6098 From: . odd Pressman Fax: +1(727)669-8114 . To: Mark Parry IFAX To: Mark Parry Phone Fax Phone 562-4576 -- Thanks. Fax: 562-4576 .'''1e 1 of 2 Wemesday, February 07, 2001 1 :24 PM I Date: I Wednesday, February 07,2001 I Pages including cover sheet: 12 Fro m : Todd Pressman & Associates, Inc 28870 U.S. Highway 19, N., Clearwater, FL 33761 Phone +1(727)726-8683 Fax Phone +1(727)669-8114 ./. ,.'.-.,.., / --,....",. ''Om oddP"=p JiE"""" ~A"k Po", GOVERNMEN1'AL AND PUBLIC AFFAIRS 28870 U.S. HIGHWAY 19, N., SUITE #300, CLEARWATER, FL 33761 PH. 727-726-VOTE (8683), FX. 727-669-8114 OR 727-796-3975 CELL, 727-804-1760, E-MAIL, PRESSINC@AOLCOM Fax Message from the Desk of Todd Pressman FAX MEMO TO: Mark Parry FR OM: Todd Pressman DATE: February 07, 2001 RE: McDowell Residence/42 Midway Island Estates ORe for 2/15/01lRear Set Back I wanted to be sure that, per my inspection, both homes on either side of Dr. McDowell maintain structures into the extreme rear set back. On the North, a series of elevating steps lead to a pool "structure" that appears within the 5' distance to the sea wall.. On the South, the pool "structure" is elevated and runs at the 5' set back level or closer, to the sea wall, as I could estimate. All ofthe lots maintain docks and substantially large boats. I will have photo's at the 2/15/01 meeting, or let me know if you definitely need those prior to the meeting. Thanks for your consideration. f. ,-, /, 7 oj u '<";',,",4 . . ,""," .' 'et f. (1.LOF rlit ", \.~ ~~"UIIII~X-_ ....~"..' ~##....~':. "';:-:;',' d I . ~ ~. .. ~:,,\/-,/ . ;.:-.' ~ .. ~~:~.~.c..- <:C; ..I"'": ~... .......: ~" .f'f' ~ '. ..~c. ;::;;:;" ':.~.##... '.' .,~~.. _ .-.....---.-----WNJ'. \ - 'Jf.#I#W" ~~ ,\ .........,)1TE"",I.. I'I'" CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES February 14,2001 Mr. Todd Pressman 28870 U.S. Highway 19 North, Suite 300 Clearwater, Florida 33761 RE: Development Review Committee comments for 42 Midway Island (FL 01-01-02) Dear Mr. Pressman: The Development Review Committee has reviewed your submittal for the property located at 42 Midway Island and determined that several revisions are needed prior to issuance of a Development Order and being scheduled for the Community Development Board hearing. The following lists the Development Review Committee request for reVISIons: MIse INFORMATION 1. The request is part of a Residential Infill Project and must sufficiently meet seven criteria. The responses provided to staff are either incomplete or do not justify each criterion. Responses should directly address the reduced rear setback and any anticipated impacts. Please revise responses to the following criteria and be sure to run a spell check and grammar program: a. Criterion One: The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations for intensity and development standards. b. Criterion Two: The development of the parcel proposed for development, as a Residential Infill Project will not materially reduce the fair market value of abutting properties. c. Criterion Five: The development of the parcel proposed for development as a Residential Infill Project will upgrade the immediate vicinity of the parcel proposed for development. d. Criterion Six: The development of the parcel proposed for development as a Residential Infill Project will upgrade the immediate vicinity of the parcel proposed for development. BRIAN J. AUNGST, MAYOR-COMMISSIONER J.B. JOHNSON, VICE MAYOR-COMMISSIONER ED HART, COMMISSIONER * BOB ClARK, COMMISSIONER ED HOOPER, COMMISSIONER "EQUAL EMPLOYMENT ^""ID AFFIRMATNE ACTION EMPLOYER" . . Pressman, Page 2 42 Midway Island - Development Review Committee comments February 14,2001 e. Criterion Seven: Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 2. The request is part of a Flexible Development (Level Two) application and must sufficiently meet six general standards. The responses provided to staff are either incomplete or do not justify each criterion. Responses should directly address the reduced rear setback and any anticipated impacts. Please revise responses to the following criteria: a. Criterion One: The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. b. Criterion Two: The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof c. Criterion Five: The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. d. Criterion Six: The design of the proposed development minimize adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. 3. The pool deck may unreasonable block views to the water from adjacent property owners; provide a cross section/elevation plan that illustrates the proposed pool deck and house including heights and materials. 4. Sight view triangles are required for properties that abut waterways in the rear; revise site plan to depict sight visibility triangles and follow the standards of Code. 5. The pool deck should not unreasonably block the views to the water as seen from adjacent properties; revise site plan to accurately include the footprints of adjacent houses. 6. Walls or other permanent buffers should be shown on the site plan or described in written form; revise plans or address this concern in writing. 7. A four-foot sidewalk is required along the right-of-way; provide a four-foot sidewalk or apply for a payment in lieu. 8. The site plan title block shows an incorrect street name; revise title block with correct street name and address. 9. The Building Code requires an I8-foot setback from a sea wall for properties abutting water; reengineer the sea wall tie-backs and/or seek relief through the board of building appeals. . . Pressman, Page 3 42 Midway Island - Development Review Committee comments February 14,2001 In addition to specific requested revisions, please respond to the above items in writing. Fifteen copies of the site plan and all other application materials are needed for resubmittal by Tuesday, February 20, 2001. It should be noted that additional information or revisions might be requested at a later date. If you have any questions, please do not hesitate to call me at 727-562-4504. Thank you for your interest and investment in the City of Clearwater. Sincere~ {f;F~5 Planner S:\Planning Department\C D B\FLEX\Pending Applications\Midway Island 42 McDowell\Midway Island drc comments. doc . . f,""II;. ..fCl.~ ~LOF Tift. ""## \.~ "~"U~III~*_ ....!':."... ~III.~ ~~" \1, "~ ~.. II ~".> ' 'i, ,! ':. ': "'~. -~=~ -- ...::ell -. "','-',',,-' ,...... ...~.---- :--II~ ,:\~\.=~:-=:::- ..?B~ ~-~~,;:.:;-;;..~'-SS...... .......... ,., TE", ..... "''''1'''' CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DMSION NEIGHBORHOOD SERVICES January 26,2001 Mr. Todd Pressman Pressman and Associates, Inc. 28870 U.S. Highway 19 North Clearwater, Florida 33761 RE: Application for Flexible Development approval (FL 01-01-02) to reduce the rear setback from 25 feet to five feet as part of a Residential Infill Project. Dear Mr. Pressman: The Planning staff has reviewed your application to reduce the rear setback from 25 feet to five feet as part of a Residential Infill Project at 42 Midway Island and determined that the application is complete. The application has been entered into the Department's filing system and assigned the case number: FL 01-01-02 The Development Review Committee will review the application for sufficiency on February 15, 2001 in the Planning Department conference room - Room 216 - on the second floor of the municipal service building, 100 South Myrtle A venue in Clearwater. Please call no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or a representative must be present to answer any questions that the committee may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4504. Cc. Dr. Ernest McDowell BRIAN l AUNGST, MAYOR-COMMISSIONER lB. JOHNSON, VICE MAYOR-COMMISSIONER ED HART, COMMISSIONER (1) BOB CLARK, COMMISSIONER ED HOOPER, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" - ~ Clearwater e u Memorandum FROM: Community Development Board (CDB) Members . \ \ X/:v Lisa L. Fierce, Development Review Manager cJtJ 0 May 11,2001 TO: DATE: RE: Upcoming Reconsideration Case FL 01-01-02 - 42 Midway Island *** Attached is additional information related to the reconsideration case scheduled for review at the May 15, 2001 CDB meeting. As you may recall, the case involves a site within the Island Estates subdivision about which there has been interest in the creation of a conservation overlay district. Included herein is the information sent by the Island Estates Civic Association President to initiate the process of preparing an overlay district. Also included is the information sent by the Coachman Ridge Homeowner's Association regarding its overlay district process. s: \Planning Department\C D B\FLEX\Innactive or Finished Applications\Midway Island 42 McDowell - Deniedlmemo to cdb regarding island estates overlay district. doc ) JW90t 0" ~i 05/10/04llr:53AMiJ~#979iPage O " .RANSMITTAL NO.: B/PROJECT NO.' FILE NO.: Sent by: FRU;CON ENGINEE ! ~ Jllu.mN 1001 13111 Av~ Bradenton, ~I 941-742-'29217 i \"11. ~.lli'.la~ J r. ;\ \\kI&" . :Ntl.';ir' DATE: 07 !-~ a/ 1 ' . . ISSIon TIME: NO. OF PAGES: '7 V'ch~Y1 !)C( PI FROM )!j/;h~ lAX NO.: I 7271 ~~~:_~~ 7~ FAX NO.: TEL. NO.: 941-742-2900 941 - 7 ~2.-Z zeJ ~ 'EL. NO.: ! ~ UBJECT: r, t~h', I." . ....__ ~ The mformation c:onllllne<l in l~~ imile mes is intended for m. .r. I . f addresses named above ThIS message ma~ cootaifl legally priv .eged and/or coon<JenliaJ inlofmali n. II the reader of 1his me$Sagc is not tile Intended recipient, you are hereby notified thaI you nalle received this document in error, anct thaI any review. dissemination. distri lion, or copying of this ~me IS stnclIy prohibited. If you Mile reoeiIIed lilis communication in error. plaase notify us Immediately by tele 'hOne and return the original docu ent to us by mail. 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"' ,~ ::j ~ ,.., ,~. ~ ~ - roS l"'J Cl ~. t. ~ 0'\ o ~ ~ o > "0 "2.. _. o l>> a. o :::l "tl Cl) e. :=-. o :::I 3 c:: en - r:r n;- o<: ~' g ~ ""t C- O" '< IJ I:: '" ~ ~ ~ e' ~ ! 5- '<: , ~ ~ ~ '" ...., ::I" {II (") o ~ ~ t!l ""l -< => =. o ~ o -< ~ :l. ~ '< 9 v> 5'. n - 9 (I'J ..... ::!. Q en 5.i ~ V> 0- '< & (D o .... '< o >->) n - (t> I>> ~ ~ .... G .., \:j ;;. :'tJ 0 /1-0 ;;:. ~ - ~ -, ~ ~ tj ~ ~ f1: ;l;:~' ~ ~ ~ ~ .;;. ~ ~ ~ ::; ~. ~ ~ ~ ~ r"'I '"oJ ;:: ;:: ~ &. ~ ~ ....:. ~ g 9 ~ '" ~ --:: ::, ~ ~ '. ~. ~ ~ ~ ~5ftg ~ ~ ~ ~ .., So ~ ~ ~ '" 1'\ ~ ~. tJoo Ci: S ..,"" ~ ~ ~ ::: :--~ S. ~ !' ~ ....._~ ~ ~ ~ ... ::- I.:; ." ...,) ~ ~ ~ ~ ~: ~ ~ ~ ~~ ~ ~ ~ g: a _~ s.. 0 ... ~ ~ ~ 0' ~ ~ =: \~. :i ~. ~ .s' ~ ~ ;:; ::t ~ ~ ~, ~ ~ :: ~. =:- ~ ~ ~ .... ~ ~ ~ :=;" ~ ~'~ g ~ ~ ~. ~:::l= t\ :; ~ . ~. ~ ~ 8 ~ g ;;; So. ~ t;l. r-\ <'t .... ~ ~ ~- ::: ~ ... ::! ;;; ~. ~. ~ ~ ~, ~ ~ ~ ~ ~ ~ ::' -. :;:, ~ ~ <"'-':' ?> ;;;- ~ ~~ cr' ~. :::l 00 cr.; oooj I>> :::l - l'll n. n o ;:3 U'l t'll < ~ o' = o -< S!l ~ c ~ :::l (l) .., '" @ ~ c:: ~ 0-, ;;:j O'Q '< g .... ~, 00 .... :::l ~ ~ ~ ..... Co. CD en 5 III iii tb CIl rn cr.= o -< 5- e '<: o t: :g ""l ~ tb o -. Q ~ S" '-.: "0 g.. -3 :::-. 0 o ;:l ~. C'" (D ~. ..., ~ t>l .... ~ c.. o e. - "C ..... ..g tI) l'll ~ ~ O"Q CD -to 00 Q 3 (1) - =:: :::f ~ (Q (I) Q R ~g ~ t~ ~~ Q ~ :::!: g 0 O~ ~ 0 ::t~ Q Ci;" ~ Ci tJ::s 5:0- ;i.", (') CI) ~Q at ...". ~ -..:: ~ :E 8- _. ~ =t - 3' I g ..... 3= Q - 1- (j cr '~ (5 CD .~ Sent by: FRU.- CON ENGINEERING INC e 941 742 2900; 05/10/04llf:54AM;J~#979;page 4/7 March 18, 2000 Dear Neighbor: i . We must ~" work together to enSL.:re that the quality of hfe on Island Estates constantly improves regardl~ of future changes to the City codes. As a deed restricted community, the law allows us to form ~at no cost) our own Neighborhood COnservation Overlay District (NCOD). The NeOD will allow u~ to propose specific regulations intended to preserve the character of our area. Island Estates was developed in phases by different developers. There are over ten varying deed restrictions within our community. Your Qvlc Association does not have any power to enforce compliance wrth ~ restrictions. As deed restriction violations continue to increase and go unresolved, the beretits of buying and liVing in a deed restricted communrty are lost. To form 0U1J own NCOD, sixty percent (60%) of Island Estates' property owners must approve the enclosed petitiqn. Please note: This petition is not for speciftc approval of any deed restrictions; this is only to initi=the process. A minimum of four public meetings will be held where residents will vote on pro deed restrictions. Kindly refer to the enclosed brochure for additional information and s ifics. I I WE MUST: HA VE YOUR APPROVAL TO BEGIN THE PROCEss. Please return the enclosed petition p - to April 10, 2000 to be eligible to win gifts from area businesses. A drawing will be held and wi ners will be selected on April 12. , Sincerely, Island Estates Civic Association Board of Directors Sent by: FRU;CON ENGINE~RING INC ~ 941 742 2900; 05/10104llf:54AM;J~#979;page 5/7 ~ ~ ~ ~ N g-'3 r ~ g Ii ~ &. ~ ff ~ g. 8 ~ ~ ~ :: 0 ~ go ~ ~ "El 0 n. 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'" ". l\,) ~ ..b" ~ \0 I C';:) C ~ n -< 1-4 e ~20 CC.. )ltmc: ~!%OI-4~~ ....,oCCZm< ....C2;a~oO ~m!:l "'-f~ -S 20.... (n fn -c g ~ "t:l ~ <: ~ ~ "- ~ la. ::r = (lS ""'( g ... 6 ~ ~ ~ ....., .....c;_~!l ~ ~. rt' ~ ~: ~ ----)> ~ o' :r en",""",=(il Vl n n ~g-<i52 _. Q. 0 - ... :>> 0 .. Vl ~ ~. ~ ~ - ~ Q ~,VI g":.l .:'" ~ t-- :::- ~ ='~ ~.g' ..J-:>(JC.. c..::Sr;=0 s:?S;...&.< - <:! 0 <':1 ~= ocg-~ - (II :l ... 8 ~;:;: ..... C"I-' ~=~~Q gt:rAo~ _. .. ~ 0 ::!. a.!l~"'lrz. o. ~ =-: ==- :> :::l(llOG-c Qt;~P"O~ Sl :::. In' a t=;' (I)~,<~:ll g ; ~ ~ g. l't. '< =i '-< ~ :0> "C "'0 a -<: e:- o t::tl r-'l o Z .-- (i: 0"" ;i ;- ::!..IA l>> g "<"l:::l 9~ Vl 0 g _. t"J' 3 -'0 ~ n ~ :3 ~ = - en; :ll n 9 v: n :;! ~ g' O~~ -< e. ~ ~ Q :r ::!..!:l ~ ~ e. l"'t- "'ll :;;l ~ .~ lJl=l 101 ~ ~ l""'- n~ c ::: ;; ~ ~ e : : "' ~ CS" ~ : Q\ ~ ~ "C Q: ('""0. Q C rl ::,j ;,; ~ ..., 0 't;: ~ _. n:::l~ ~ ==,-, - Vl 0 ell ----, g(tl-(Ilo-O :;t < d S, ell ~ ~~ ciQ 2 ::! _. 0 n- (') 52 ........ _. :"'" - <5 R o -.. < E =; ~ Q ~ !!? [ ~ c.. 'l3 o ~o _, tTl c CA I/o (l ;;S ~ ?l' (ii 0' - '" !a. III 'i:I t.1 .....3 :: g~ " ~ s' 5 ;l $~ ~ '< ~ ~ he s:- 0 "= ~ ...... R,l n ~~...~,.... (") ~.~ ~ ::: :. ('D g ~ !2 ~ c... _ rJ:l .... ~ :"" '-4! ... ~ .... ~ .... :::s .. "=' = - ~ ~ :: ~ ~ - ... ~ t-- ,~ <: = - ~ .~ Sent by: FRU~CON ENGINErING INC e 941 742 2900; :;Q ~ :So c: rIlS-~: Sf g ~;;J '"'c:l t:l ~ rb I I .. r> Vi" IT:l ('Jl g, ~ e:r ::; _. t.o ... trl t::l - 0 - ~ (:T' l!. s' ~ ~ 0: ~ ~. a. ~ ~ g g S" :c !:f ;lQ :I: E! ~ ~~O~~ ~~~~_~~n~ n=n('Jl~~3~ ~ == = ~ = ,.,... -. _;:l .... j:l..-..o ~ ("") (ll '" ::s --(Jl:l ("J 8 0 g '< ;::C... m (ll ~ g ~ .3 .., ~ g ,g. ~ i :: = ~ If> - ~ ~ ~ 1 ~ g [~ ~' !r ~ _;:r c:r Q III 'g. &;. lA' S- ...., ~ - ~ ~ CIl _::r,~ ~ v 0 S' C" 0 <lI ~ -- co n;:o ;::. a::r ..... .. n '"""l:= 0.(;1 ~ ~ o' e- 0 -.,2 !? 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(Ij ~ '" e g ~. == o C a - _. ~ ~ _. = n __ 0 ~ 0<<-= ~- ::1_"" c'l 5' ~ - 1:'. ::r' '"""l 0 :! g, ",.:: e- j:. - :;:I r.oft ^ f"b h''g ~ ;. :;. ~ 0"'; OIl., 0 fl> !!. -, n ::r Ilo) "0 "C ., OIl < (ll -OOn:s='!ta i ~" a. r i ~.g ih" ig~~Q~i! a.(i""t=- 0 r"' a ... c R ~ n 'g. llJ 0"'...... g.o (,fl _::ron= ~eK~"8 0 $la l!lill .... G =Ota5ToEr- ~. ~ ai- i' ~ ~ 0 5 ~n_ = (lI =r=m C\l Q..~ 00.:::-,1'>;, crn...8..gs~ '<e.5Slr.l:C(') g.....Q'g~ U> 0 n ~~..~ I ("")'T:i' a: _. rP .... == ~::l - "'0- .,(')Ill '<... t=: > < ~ g: ~. rAo=t1IOo,< 9~ III :r f'I'-. :- :: - <"'" o ... ~ lilt ~~ ('") c I::' lilt (II ~ ~ ~ ... Q ::I o .. ~ .., ;- ~ ~~~ ,-..I tiJ =- e ~ := 0 ~ I;e ~ ~ ~ -= :! III ~ ;. r <'"'- ~ = =- o ~ ~ := M> O~T ~ ~ ~ .. ('b ::l -::lll ~ ~ - ~ ; , ~ ~ o S v ..... I2l t""-o >; ..... ... ~ .~ po. :lOcr'r'J !2. ..., ~ c: <&12gg g-ocp... :"'I ::I r.l -< ~. 8. "0 ao ~ ~ g: .... o So "" 0 :;;t";.~ l:ll...v.l ~. ::r ~ ::: <'Il ':C OQ ;:J ~ - r2 (') a~--4 ~ ~'g <II Cl> .0<;. v. en ~ :;. n o = III S< ~.S S!gg, ... :::s ~ .. ........, ... o VI Sent by: FRU;CON ENGINEERING INC ~ 941 742 2900; 05/10/0~:55AM;J~#979;page 7/7 PETlTJON . (es, I. the undersigned, ~ition the City of Clearwater to initiate the process to establish ) sland Estates as Neighbprhood Conservation Overlay District. 19natl re Print or Type Name ddres I l' fo, I am not in favor or establishing a NeighbQrhood Conservation Overlay I 'istrict for Island Esta~es. I ! : : I We the undersigned Property Owners" Petition the City of ClearWater to Initiate. required Process to e_blish Isla Estates as a Neighborhood Conservation Overlay District ~ ~ ADDRESS NAME (Printed) ^ SIGNATURE 1 .~ ~l ~ ~ 1\~nw t\;fi1 1-\ NI.I ~ p... rW +\lX~" . h\J ~ ~-~( ---N.J \ ,0 )"..~ / 22>I2..W:rvb~~.bL. "FKoR-~?f.:LL~J~..... '-tE>4 -_ - V 3 1-1.-1{ WI ~~b ~~~} Nt Ok ~J,.-r~? NtA f \ \~V7 L /.71 "~ 4 .2-{) / V'"j':': - -L - -' ~ Jh ~'ft ,v (1) e A ~ ~ 2. V .z::::: /..::-/~~ r? 5 6eo, fU{)l.dA\I ::Jtle/ /frJ/r-.H1A. '" /~;~ L Y\ I ,I\. 'I\~ ' -/ 6 I~ 7 't!:;jG W;,/U / nc<~" ~ 8 6;t/ w~'" /J _I f <r.Je;, 9 ,( W 11J~ Pre b :aL",tlID .r ar,,!uAC-I1(lrrrl1(;/~'i. IJ~ ;.A. ;;;t'7'f~ 1___ . }{J.j, ft. --::H.~ J L ?:21 It, U c1J~ ff? ~ M G.S \:r" Gr l./ Nnt d ;c,~ 40, ."ilL. ~- 11n ,.c-1 t' -)"\ ",; " 1~',,". . ',.t. \ ..,.. . \:.:", :,,',..-' , ", ': /,' ? 1--- ", IT}, : 17 I \J [ )J ',' : ' ,. "", ......' \ '" :: "! ' l '.7 ,}""., ,," .. I ! ,':.- ) ) .:-i',--- L/,,-/ ii" ".----.-.. e 4.-t7-/~,> -r:;z/~..., -0... !(:l.e-k-:-~ "'" L 11 SI). Q k 1::. / ~ c;,~ i., ~ ,.., /" .1,. I ..j~€S F. HtLWf. C .,,,. ~ :se,'PIOo'f.,J,-- ~~- ~., ~~ u/\"'/',t:j LUf-f/lGne c.n,^~, ~- __, % :/ E..~- --_.. /'L -b~ .L\'~ / L\lo.. ~,~L/ja.. R//'/h- JOmd /1 .---:-~ "') ~~~'~-""'~"-b'-",,~~ ~~~c Uuu tI/<~tdI/~=~ (/ ~ /~~ I '-'-1\. . II - /I . ' AY' 1:)4 'P ~e. $; o'\.d if J )" IJ/L_ k..,;,...,q; 0.- .. Q '^^ ~\ U\ t {) L-- .~^' I ~$rlJ\ ~ A o // R. -j f t'f.. , ~"htd fJhcH;L9~K- IJ;:JCh/ / A"//A'l t/~ 7~ ' ;::/ ~. \ 11 ~/")... We ~D """,.1 T;> :r,/. 12 1,0' ;V ~ hL'V'4 13 20 1 WjtJc>w~lt~ -:L$UHJb 14 100 ,4h{. 'J. AN . A" .I 15 13 /-)~~aP_ ~c/_~.:e' 16 ~ 11 ) \ t'\rL t1)(\ f' r4 1:~l . v 17 .:J.o In b1 ..-./.. A 1/ :/ A 18 :>>0 rfY'\' ~ '-'~ (\ ,.. \,/ 19406 M /DN/J:'" 20 3I;J t\'1 ~ Jwo...u 21 ~:~ I ~ N::.~ U\..l\ 22 -2.:vS' -() . 0 23 7 V 4//'1(}f...;/hf'l 11'( 24 25 26 27 28 29 30 e fIl PEfITION e Yes, I, tIle undersigned, petition the City of Clearwater to initiate the process to establish Island Estates as Neighborhood Conservation Overlay District. QIL~(}~V~_ igr{ e 'S d- <;; \ <;;. \.- Q,. ~ (:L...) O-.~ Address o i t ~ W~ \r-. \ e.. ~ne..d.\)~J Print pe Name 1 C, L~,_~c~-QY-- ~\ ~ ~~i,- .L .' " , . No, I am not in favor of establishing a Neighborhood Conservation Overlay District for Island Estates. , \- PETITION i. } etition the City of Clearwater to initiate the process to , . . s as eighborhood Conservation Overlay Dlstnct. ~'k~ Print or Type Name ~ L~a/~FL -,- '-S -S T~ + so l :Q~ Address i. l. t. ) " r ~ t 1 t ~ 1 ~. , J. o No, I am not in favor of establishing a Neighborhood Conservation Overlay District for Island Estates. , f I \' \ '. , t. ....~ ...- . PETITION Yest I, the undersigned, petition the City of Clearwater to initiate the process to blish Island Eslales Neighborhood Consavation ~Slricl -~i lotv/J Print or Type Name CfJ eeYlJ/-~ ,--rf-c -] ~ f 67- No, 1 am not in favor of establishing a Neighborhood Co~servation Overlay District tor Island Estates. . ,'",. Jgn -5 2-D J51-11 /{jOLL!!t- Address o .' j i. .. I I " " I 1 l I ,! "l , I ,I, , .~ , . Hw C&CHMAN RlfJGE HOMEOWNERS ASSOCIATION, INC. P.o. Box 7626 · Clearwater, FL 33758 September, 2000 Dear Neighbor: Do you want Coachman Ridge to remain the outstanding neighborhood it is? Coachman Ridge has a wonderful new opportunity to ensure that we continue to be one of Clearwater's best residential areas through a program called ''Neighborhood Conservation Overlay District. " This new Clearwater law will result in Coachman Ridge, and some other residential areas also determined to be "Good Neighborhoods," being given special assistance by the City - at no cost to us - to continue, and improve, the standards that have made Coachman Ridge a prime area for family living. To initiate the process, sixty percent of all our homeowners must vote "YES" in a petition to the City. Enclosed is an explanation of the Coachman Ridge Neighborhood Overlay District and how we can qualify for this distinction. Please vote "YES" on your enclosed petition and return it to us in the stamped, addressed envelope. Sincerely, d~~ Tom Panlener President e e ~OPOSAL Coachman Ridge Neighborhood Conservation Overlay District WHAT IS A NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT? A new section of the City Code allows the City to help "good neighborhoods" maintain their appearance IF its residents are interested in preserving their high standards. Coachman Ridge, along with Island Estates, has qualified as a Good Neighborhood. The question remains - are we interested in those standards which have made this a quality area? Do we want our Deed Restrictions enforced? WHY IS COACHMAN RIDGE CONSIDERING THIS ACTION NOW? Because it is a new law, not available before. So new that no neighborhood has yet finished qualifying for this new status. Island Estates has made the most progress towards this goal, as described in the St. Petersburg Times article on May 24, 2000. We, and they, are voluntary Homeowners Associations without the means to maintain neighborhood standards through the effective enforcement of Deed Restrictions. WHAT ARE THE ADVANTAGES TO ME OF COACHMAN RIDGE BECOMING A NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT? 1. It will maintain and increase your property values. Historically, property values are better in areas where Deed Restriction covenants are enforced, increasing faster than areas without this feature. Coachman Ridge now only poses as such a community because of the difficulty in enforcing our Deed Restrictions. 2. It will help ensure the high quality of our neighborhood. For the first time, the City will be able to help us keep our high standards intact by implementing Coachman Ridge's own Deed Restrictions. The only way the City can help us is through the Overlay District program. .. e e 3. Future City Code changes will not affect our Overlay Codes. Coachman Ridge overlay Codes, containing some of our original Deed Restrictions, stand above (overlay) the rest of the City Code. They are just for our neighborhood. 4. Having Neighborhood Conservation Overlay status will be a mark of distinction for our community. Only quality, thriving neighborhoods can earn this designation. It's easy to see how being officially named one can only increase the spirit and value of Coachman Ridge. 5. The City of Clearwater will ensure the application of the Coachman Ridge Overlay Codes in a fair and lawful manner. 6. There is no cost to Coachman Ridge residents for this status. The City feels it is in everyone's best interest for it to help in the success of quality residential areas. WHAT MUST COACHMAN RIDGE DO TO BECOME A NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT? 1. Get from the City's Neighborhood Service Manager a ruling that Coachman Ridge meets the nine-point standards of a good neighborhood, thus eligible to :. .)come an Overlay District. This has already been accomplished. 2. Obtain signatures of 60% of all Coachman Ridge homeownen, showing their interest in the neighborhood. 3. These petitions are filed with the City. Within thirty days, the City Manager must submit his recommendation, nominating eleven persons from our neighborhood for a Study Committee. 4. The City Commission will consider this recommendation, selecting seven nominees as Coachman Ridge Study Committee. 5. Then, the City Manager is to start a ninety-day planning process, with the Study Committee holding four public meetings during the ninety days. 6. The City Manager then prepares any changes to Clearwater's Codes, to accommodate those of the Coachman Ridge Overlay District. 7. Finally, the City Commission, in public meeting, considen all of this, to approve the actions taken. ., e e WHY IS IT IMPORTANT THAT I VOTE? THE PETITION MUST BE APPROVED BY 60 0.4 OF ALL THE HOMEOWNERS TO BEGIN THE PROCESS. PLEASE VOTE, SIGN AND RETURN YOUR COpy OF THE PETITION IN THE STAMPED RETURN ENVELOPE. JOIN US TO ENSURE THE FUTURE OF COACHMAN RIDGE AS A HIGHLY VALUED GOOD NEIGHBORHOOD! IF YOU HAVE ANY QUESTIONS ABOUT THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT PROPOSAL, PLEASE CONTACT: KEN KELLOGG 669 8626 e e PETITION DYES I, the undersigned, petition the City of Clearwater to initiate the process to establish Coachman Ridge as a Neighborhood Conservation Overlay District. DNO I am not in favor of establishing a Neighborhood Conservation Overlay District for Coachman Ridge. Name: Address: Signature: . . ARTICLE VI BOARD ACTION AND EFFECT OF DECISION Section 1. Board Decision A written development order shall be issued which confirms the Board's decision. The development order shall be effective upon signature by the Chairperson of the Board. Section 2. Time Limits on Approval An application for a building permit must be requested within one year of the development order and all certificates of occupancy shall be obtained within one year of the issuance of the initial building permit, unless different time frames are established in the development order. The Board may grant an extension of time of up to one year provided that the extension request is made prior to expiration of the original approval. (CDC Section 4-407) An applicant shall have the responsibility of identifying a realistic schedule based on the complexity of the project and may propose a phased schedule for the project. Approval of a schedule other than that described above shall be at the discretion of the Board depending on the project. Section 3. Reconsideration or Rehearing \ ..--1 A reconsideration or rehearing of a decision of the Board may be requested by the Planning Staff, applicant or interested party and must be requested at the next regularly scheduled meeting of the Board. A reconsideration or rehearing shall only be granted upon a determination by the Board that their decision was based on a mis9.k:e, fraud or misrepresentation. If the Board decides to rehear an application, notice of the rehearing shatl be provided in the same manner as required for the original application (CDC Section 4-206)', .... , t~ ) ..\[.. Section 4, . . Anneal An appeal of a decision of the Board may be take to a Hearing Officer as prescribed in the Code. (CDC Article 4, Division 5) ARTICLE vn AMENDMENT TO THE RULES OF PROCEDURE The Board may amend these rules of procedure from time to time as is required. All amendments shall require the affirmative vote of four members of the Board. When the Board considers an amendment to the Community Development Code, it shall also evaluate the need for any revision to these rules of procedure. /'lJP) t' (_, 1/ .,/' Ie [;2t /1 "-".11 'l);' ! " , .II ;; ,,_' A '"I ' "_" 1 "! (I, ,/ ," Ii " / .A.J(/ ) ,'~ ./cc0;,_ )/ ',~. II 'i.C(_ ;. II ["J / ()) c./-''':'''(j {" -' (it ',\ '1 '. ,I .. ~', ,~ ", t);L L (X__j /) I rZ1f'-tl (y' Originally adopted this 6TH day of April, 1999. Amendments If' I, f~') ,.(. L"" ". d (I;(X!> I,..j, tZ (~2/- d~d l~ ,/' . ~ f1 !/ e n rL~ C)!"~!) ( ~ (J L. I ' 5 I. . . it . . " . .1' . . . .'~l--'- "," ~ . I cJ'r{ f2;12 ~ VlqlC;;""V i~ ~ o'.r;:;?;ip ~ /; ~(1o~f~~ YJ~ ~ II bee ( tYU;"'7 -..- --n'!')y) L.k:/{ U't. bn ~/'YY1Jx2p,k ~ ~~":::: I (J ~ v U - '0 ( () - 'f6v't Y-k ~ ...:....d0?-ct<... '" r :);4/ ({ 'fIivQ 7? ~ ;) /~<2f&>L ~t~ ~ (Jh~ c~ - / 5F/~6~ 00) C(fDE. (/tt/)!2 /?S-t lM'hd- -- 6- /l:,f /tPvt (~jc tD OV~ ('eLk ~ m (Nt fo lj/Jr-te c:Uek. ) '--F'~M,J:;~~~~...~J /:; fc J _ / . DMe U,ttj tft~tuVo~ [014 '~r ~ u . . CHARACTER OF THE IMMEDIA TE VICINITY: The general vicinity IS dominated by single-family residences. ANALYSIS: The 0.22-acre site is located on the west side of Midway Island, approximately 550 feet south of Windward Passage in Island Estates. The immediate vicinity is composed entirely of well- maintained, single-family dwellings. The majority of the houses have frontage on canals that ultimately connect with Clearwater Harbor. The site has an existing 2,295 square foot, single-story, ranch-style house. The house resembles the majority of the houses in Island Estates. There is an existing pool and patio area approxi- mately 10 feet from the rear property line. An existing dock extends into the waterway. The property to the south has a similar site layout. The existing house lacks the square footage desires of the current owner. The proposal includes replacing the existing house with a new, three-level 7,381 square foot house that includes living, garage, and storage space. The house is proposed with a height of 30 feet above the base flood elevation. The elevations include a modern design with stucco exterior walls. The main roof style is almost entirely flat. A metal hip-roof is located to the center of the structure. Overall, the style is unique to this site. The building footprint is within the minimum structural setbacks as required by Code. The first level will include a garage and other non-habitable spaces. The main level (second floor) will include a family room, dining room, office and a kitchen. The upper level (third floor) will include bedrooms and bathrooms. The main level steps out onto a raised patio flush with the living area. The raised patio will step down to a pool deck at an elevation of approximately 2.5 feet above grade. The pool deck location will also allow for easy access to the existing dock that extends into the waterway. No screen enclosure or "bird cage" is planned for the pool. The existing seawall will be removed and rebuilt as part of the new house construction. No specific fencing is proposed at this time. All future fencing must comply with Code and follow the , standards for the waterfront sight visibility triangle. /' t AM .~! ()-, . Jb 1ft!- . The specific request is to reduce the rear setback for a 2.5-foot elevated pool deck from 25 feet to f J' ,/,vJ;4() 10 feet, as part of a Residential Infill Project. ~_J rill I _ -J vL__l - _L pil' .J f\(, (jO ~1il1l L - J' 1 ~_ ~ less restrictive r~.- .., .' .. -.. .. bd'"":';r. Pools and decks are normally constructed Jr. uvL at grade and are not readily se~n from adjacent properties. .other structures are re~uired a 25-fo~t \/I~I\ {f (, l;- rear setback for those propertIes that abut waterways. GIven the pool deck desIgn of approxI- U vfX mately 2.5 feet above grade, Staff has determined that it should be reviewed against the more restrictive structural 25-foot rear setback. Aside from either setback perspective (10 feet or 25 feet), the proposal require~ Community Development Board approval for an elevated pool at a 1O-foot rear setback. Page 2 ~: II ;e V.scH~J<. ~()R 0 J~f<,I/3l/-r I /);J -r1J (!,oP) m 1/ N i.,y f) ~ V .. I ;&~j) fYJ (. ty) Ii ~JB! r' /2 S/IS~/ J11 &<T)P~ f'VJ~ /I) Y I ~H/il/Jl.f .J7\1V1 ~ w/i rr Harriger, Sandy From: Sent: To: Subject: Molino, Dan [Dan.Mo!ino@tropicana.com] Tuesday, May 15, 2001 10:35 AM 'sharrige@c1earwater-fl.com' Hearing Request FL-01-01-02 Kindly distribute the following to all Community Board Members, regarding Mr. McDowell's request for a variance at 42 Midway Island.: Dan A. Molino 318 Windward Island Clearwater, FL 33767 May 15, 2001 Community Development Board City of Clearwater PO Box 4748 Clearwater, FL 33758-4748 To the members of the Community Development Board: As a former President of the Island Estates Civic Association, I am writing to ask that you deny Mr. McDowell's variance request at 42 Midway Island and maintain the present City Code set back restrictions. The homeowners on Island Estates have paid a considerable premium for waterfront property and feel strongly that the existing City Code should be uniformly enforced. We believe that once variances begin to be granted, each new request will be premised on the previous variances granted, and a very harmful precedent will be set. When the new City Code was being written , the residents of Island Estates worked very hard with the Planning Department to assure that the code would include 25' setbacks from the seawall. The city agreed and this was put in the new code. Sincerely, Dan A. Molino, P.E. 1 RESIDENTIAL SWIMMING POOl.TY ACT CHAPTER 515 RESIDENTIAL SWIMMING POOL SAFETY ACT (2) "Barrier" means a fence, dwelling wall, or nondwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier. (3) "Department" means the Department of Health. (4) "Exit alarm" means a device that makes audi- ble, continuous alarm sounds when any door or window which permits access from the residence to any pool area that is without an intervening enclosure is opened or left ajar. (5) "Indoor swimming pool" means a swimming pool that is totally contained within a building and sur- rounded on all four sides by walls of or within the build- ing. (6) "Medically frail elderly person" means any per- son who is at least 65 years of age and has a medical problem that affects balance, vision, or judgment, including, but not limited to, a heart condition, diabetes, islative findings and intent.- The Leg- or Alzheimer's disease or any related disorder. that drowning is the leading cause of (7) "Outdoor swimming pool" means any swimming ngchildren in this state and is also a signifi- pool that is not an indoor swimming pool. of death for medically frail elderly persons (8) "Portable spa" means a nonpermanent struc- . that constant adult supervision is the key ture intended for recreational bathing, in which all con- hing the objective of reducing the number trois and water-heating and water-circulating equip- ion incidents, and that when lapses in ment are an integral part of the product and which is occur a pool safety feature designed to cord-connected and not permanently electrically wired. . or detect unsupervised entry to the swim- (9) "Public swimming pool" means a swimming '1spa, or hot tub will reduce drowning and pool, as defined in s. 514.011 (2), which is operated n9 incidents. In addition to the incalculable with or without charge, for the use of the general public; of these submersion incidents, the health however, the term does not include a swimming pool loss of lifetime productivity, and legal and located on the grounds of a private residence. e expenses. associated with drownings of (10) "Residential" means situated on the premises of n and medically frail elderly persons in a detached one-family or two-family dwelling or a one- year and the lifetime costs for the care family townhouse not more than three stories high. t of young children who have suffered (11) "Swimming pool" means any structure, located . Iity due to near-drowning incidents each in a residential area, that is intended for swimming or ormous. Therefore, it is the intent of the recreational bathing and contains water over 24 inches . that all new residential swimming pools, deep, including, but not limited to, in-ground, above- ot tubs be equipped with at least one pool ground, and on-ground swimming pools; hot tubs; and as specified in this chapter. It is also the nonport"able spas: " legislature that the Department of Health (12) Young child means any person under the age 'ible for pr d . 't . of 6 years. : . 0 u.CIn~ I s own or adopting a History.-s. 1, ch. 2000-143. g~lzed publication that provides the pub- ~ !'"'8t1on on drowning prevention and the 515.27 Residential swimming pool safety feature .... s of P~OI ownership and also for develop- 0 tions; penalties.- ;()I" adoptln.9 a nationally recognized drown- (1) In order to pass final inspection and receive a neducatlon program for the public and for certificate of completion, a residential swimming pool tlng the pool safety requirements of this must meet at least one of the following requirements relating to pool safety features: (a) The pool must be isolated from access to a home by aLenclosure that meets the pool barrier requirements 01 s. 515.29; (b) The pool must be equipped with an approved safety pool cover; \c) All doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85dBAat10feet;or W 523 - 01 /--oL ,-- - r1ES · po~1 service techni' i~' nent may require tha~lan 4..011, be serviced by a vice technician. To b: 110nstrate knOWledge f t is not limited to: pool ~I p ~ce; source of the Water I.cal, an~ physical qUaI' I :Ion, testing, treatment. . ~he department .":lay, by ~nt for the certification rhe department shall ) is certified by a course any pers?n licensed or (I). ThiS requiremen ~r the direct employee )hc pool operator under s '98; s. 73, ch. 96-388. rt title. . islative findings and Intent. finitions. idential swimming pool safety feature tions; penalties. ~dential swimming pool barrier require- I.mants. . _ '* wning preventIOn education program; ublic information publication. nnation required to be furnished to buy- le~akin9 authority. . emptions. hort title.-This chapter may be cited as de Ibern/McKenzie Merriam Residential 001 Safety Act." ,c:h. 2000-143. finitions.-As used in this chapter, the rOved safety pool cover" means a manually rated safety pool cover that meets all of ~ce s!andards of t.he Ame~ican Society for 9ttenafs (ASTM) 10 compliance with stan- Ch. 515 Ch. 515 RESIDENTIAL SWIMMING POOL SAFETY ACT (d) All doors providing direct access from the home to the pool must be equipped with a self-closing, self- latching device with a release mechanism placed no lower than 54 inches above the floor. (2) A person who fails to equip a new residential swimming pool with at least one pool safety feature as required in subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that no penalty shall be imposed if the person, within 45 days after arrest or issuance of a summons or a notice to appear, has equipped the pool with at least one safety feature as required in subsection (1) and has attended a drowning prevention education program established by s. 515.31. However, the requirement of attending a drowning prevention education program is waived if such program is not offered within 45 days after issu- ance of the citation. Hlstory.-s. 1. ch. 2000-143. 515.29 Residential swimming pool barrier require- ments.- (1) A residential swimming pool barrier must have all of the following characteristics: (a) The barrier must be at least 4 feet high on the outside. (b) The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier. (c) The barrier must be placed around the perime- ter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situ- ated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section. (d) The barrier must be placed sufficiently away from the water's edge to prevent a young child or medi- cally frail elderly person who may have managed to penetrate the barrier from immediately falling into the water. (2) The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be sur- rounded by a barrier that meets the requirements of this section. (3) Gates that provide access to swimming pools must open outward away from the pool and be self- closing and equipped with a self-latching locking device, the release mechanism of which must be located on the pool side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap. (4) A wall of a dwelling may serve as part of the bar- rier if it does not contain any door or window that opens to provide access to the swimming pool. (5) A barrier may not be located in a way t~ any permanent structure, equipment, or simile to be used for climbing the barrier. History.-s. 1, ch. 2000-143. political subdivision 'dential pool safety 0 equal to or more Stl chapter. ortable spa with a ~ STM F1346-91 (81 515.31 Drowning prevention education public information publication.- (1) The department shall develop a dro vention education program, which shall be able to the public at the state and local level shall be required as set forth in s. 515.27(2) f in violation of the pool safety requirements Q ter. The department may charge a fee, not $100, for attendance at such a program. prevention education program shall be f fee proceeds, state funds appropriated fo pose, and grants. The department, in lieu of its own program, may adopt a nationally drowning prevention education progr approved for use in local safety education p provided in rule of the department. (2) The department shall also produce, tion to the public at no charge, a publicati vides information. on drowning prevent( responsibilities of pool ownership. The de lieu of developing its own publication,' nationally recognized drowning prevention. sibilities of pool ownership publication, as; rule of the department. History.-s. 1, ch. 2000-143. 515.33 Information required to be buyers.-A licensed pool contractor, on an agreement with a buyer to build a res' ming pool, or a licensed home builder or entering into an agreement with a bu house that includes a residential swimmi give the buyer a document containing the of this chapter and a copy of the publicati by the department under s. 515.31 that p mation on drowning prevention and the of pool ownership. History.-s. 1, ch. 2000-143. 515.35 Rulemaking authority.-The shall adopt rules pursuant to the Administ dure Act establishing the fees required to II ing prevention education programs and se information required under this chapter to, by licensed pool contractors and licensed ers or developers. History,-s, 1. ch. 2000-143. 515.37 Exemptions.- This chapter doeS to: (1) Any system of sumps, irrigation can gation flood control or drainage works con. operated for the purpose of storing, delivenng, uting, or conveying water. (2) Stock ponds, storage tanks, livestOCk tions, livestock watering troughs, or other s used in normal agricultural practices. (3) Public swimming pools. 524 RESIDENTIAL SWIMMING POOL TV ACT Ch. 51 ~ . ' not be lo~ated in a way that <II ture, equipment, or similar ' 19 the barrier. An political subdivision that has adopted or a r~sidential pool safety ordinance, provided the nee is equal to or more stringent than the provi- of this chapter. . AnY portable spa with a safety cover that com- with ASTM F1346-91 (Standard Performance Specification for Safety Covers and Labeling Require- ments for All Covers for Swimming Pools, Spas and Hot Tubs). (6) Small, temporary pools without motors, which are commonly referred to or known as "kiddy pools." Hislory.-S, 1, ch. 2000-143. prevention education pr ublication.- mt shall develop a drowni )gram, which shall be made 1e state and local levels and ;et forth in s. 515.27(2) for Pe II safety requirements of this may charge a fee, not to e , at such a program. The dr n program shall be funded funds appropriated for su e department, in lieu of deve ay adopt a nationally ree ion education program ::lcal safety education progr 1e department. ent shall also produce, for d' I no charge, a publication I In drowning prevention a Dol ownership. The departTl\ its own publication, may d drowning prevention and nership publication, as pr :mt. 13. tion required to be furni , d pool contractor, on ante' a buyer to build a residential lsed home builder or devel greement with a buyer to ; a residential swimming p ~ument containing the requi a copy of the publication p under s. 515.31 that provi J prevention and the respo 143. lking authority.-The dep ursuant to the Administrative :1g the fees required to attend cation programs and setting f ~d under this chapter to be p ontractors and licensed ho 143. tions.- This chapter does n n of sumps, irrigation canals 01 or drainage works const lurpose of storing, delivering, gw~e~ . ds, storage tanks, livestock 'ate ring troughs, or other s jricultural practices. mming pools. 525 aIWater 'n SUN ~stival : Friday, May 34 ODS Savage" _ High School 40 S. Hercules Ave., admission. Tickets e door ay, May 4 , Olympiad - Joe lrts Complex, 2450 I a.m. - noon. Free. ration begins at 9 ; - Sunday, May 6 ~r60- }riswold Band - R n Mike - Blues sh & the Older ation - Rock learwater Beach, ay and Sunday 6-9 two hours before hours after sunset. lay, May S aI Table Tennis Long Center, 1501 :oad, Clearwater, ) p.m, Fees: $7.50 Irticipant Card), ,3 with Participant ter at the Long ~ek prior to the day of the event. lY May S istoricaJ .. Society learwater High . Hercules Ave. :no $6 per person .y, May 5 orseshoe ODb :d Wright Park, enwood Ave., n. - 4 p.m. Free V, May S The Birds, rature Park, 2750 Starts promptly ,MayS 'arade Concert, Station Square leveland St., ffiter. 5 - 7:30 MayS ninated Night Ie will begin at at Gulf-to-Bay by Anne McKay Garris Even as City officials are planning as many changes as possible for Clearwater Beach, a group of Island Estates residents are working with the City to preserve the character of Island Estates, making it something they are calling. a Neighborhood Overlay Conservation District. This, concept was created by consultant Charlie Siemon as a protection for certain neighborhoods. According to the new Land Development Code it will 'provide a means of ensuring that infill and redevelopment activities in neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood." To qualify for the designation of Neighborhood Conservation District, a community must be fully developed and well maintained; almost built out; land value must be stable, or improving; there must be no road improvements on the books; most of the land use and current. buildings must .. conform to the Land Development Code; the area must be:. , clearly identifiable as a neighborhood. According to a report, presented by Staff at a recentj Commission meeting, Island Estates meets all the above. . Bruce and Carol littler criteria. The first step in the process is for a group of citizens; appointed, in this case, by the Island Estates Civic Association,! . to get 60% of the property owners to sign a petition that they,; want to start the process of becoming a Conservation District. . This has been successfully done on Island Estates and the>: ., committee whose membership includes, Fran Briskman, Sheila Cole, John Heckert, Dan Molino, Chuck Stebbins, Jim . Steenson, and Curt Wald~n, with alternates, Phylis Bo.k~en, .,,', CLEAR WATER _ Founded by longtime Celebrating the first an A""" M'N,,~, Sh'm, N,,,,,. ,,'" la" W'm. Th, """"~'" ,l('N'rth CI",,,,,,,, B"", re,id"" Bm" "d ,."IIi,," ,,,,, ,,",d C" h.", h", "&,'d, rom, ,f ,h,m bv.,oo. wh, ." oow ,,~"' ., C.", Utt'" Th, Old, Nautim' Shopf""" oo'."'hl", from S"'mv'" ( lh<v did '0' "u'd,,,,,,,,, wh" "" ',,,,,,,,d "th, "w,. .,"bo.m wh'tt ";",m,,, "d "",,,,, ,f Utt'"'' C"'''', NAO by L,.d", G' la" mooth t, C'mm",,,, "''' " 'd " "0"'" · , :,')<", E"." Off"" " C."...", CllY M",", H.nnooy, "d . h,~ ,f d, !;OI""""", O""bY fO! "b'd E~""..d ,ffici.lI. "'" ;"""'d to buy rom, 'f th, uolqll< "'U "" , .",iI.b"'>l d"'<lmlo"lo. t t e committee to com ete t e annm rocess. IS w,as to :.antiquesdisplayed throughout the office. Over 200 manufacturer consist 0 our pu IC meetmgs an t e raWlng up of a hst of ..,. 'I'd say I would sell them if I could. find products are now offered 'nl",. 'h.. "bod E~.." ~~'P'rt'" ~uM h.", to. m"l;, ; .r,p."m"":'!J>~'''? '-'mill'. Utth . "'u"", d"., 'OO'''d., CI wh,,,, ." '~I """"t1y 'PP''''b. 10 '''ghOO'hOQd' m !Ji~;, ',800" ~~_'d'''m, m ",u""""lqu~, '. B'"",.dd Ci'iOl:~'O""" rest of the City. OpPonents to the plan:hoWever; approache~. as a "full-time hobby", which ulrimately led him City (near Dayton) Ohio, are th. ell whh Ih,_ '" '~;oo 'h" Ih, "'" ~ 10 buy-oul . f""d, ",u"'" b"l,,~ "Ft. "CI",...", Bmh . Th.y' m IVI ua, t e citizens before the become ar .' Lauderdale in 1994. . Tim and Wendy, both CPA': an eve opme toe. mce t e current ordinance. d?es Something had to give. The nautical ant.ique time-to-time helped Mom, nOt require a. final vote on the pro~os~ls, the Commission. business was growing at su~h.a rate that Lt.ttler nautical antique business. voted to send It bac~ t~ staff for reWrIte 1'.1 sucha. way that ~: was confronted with' a dIlemma _ contm.ue ,Both Bruce and Carol "rer ,"''', .,,, · 60% m",",y "."", wo.M .,...........- m,"" Ih.11obby" with Ih. re.' .~". P""'" . """",~ lo"re", 10 ,,"'d f M""'m', 'h, '"1 of requlrem.." '"...~.d by Ih, , '""p.od th. ",UI"'''''"" b",,,,, .. t!>. ruonlo, two """ 'hop" 1 oomm'lm. locl,d" ro'" dl",,,,, "'m", 11""""y,,'d' will Clly M"lo. ""1;00. ,', 'Shopl" ."" h" ."'~.""'" "" ".,nnltt,d ' 00 '"'''' "!lb," "N, .ddll'oo.' booth,""", ot L1,,,,, "',re 10 ",,,,d th, h";",,. 'hlP'1o .11 p"l, .f tho wodd to,," ''''' 11ft/ d"", 'h.lIl", p,.nn;lI.d: "N, ".w '00'" A"llko """ "'"m..",II.h'. .. th, Clly. ""'" ",W"" m.y """ : ground structure can be buIlt Wlthm rear setbacks, mcludmg Marina Building Littler expanded, and Shoppe or Collector Cove M( hi"'".. o~ ",,,,,d ~'cl"!",,: "N, 01'" Ih.. '" hom~ ,,,,..d'd. " from 9,30 'm. ,. .<Xl pm. . "It.." wtll b, p'nn,lIed m fro" mood. 'f..y ptop.rty. . w. oow h",. '" 'f Ih, ~,,,M..d , J,t)O .m. ' 5,00 pm. Th',!, ,,~ Iu~ · low ,f Ih. '9 'tom, P"''''''~ fot bm.d'M re"d"'''f "Ih'''''''''qu",_ "';" Look'" 10, ,h.. ,p"j conSideration. The. only one questIoned at ~he CommISSIOn models, clocks, sCientific instruments, artifacts, someone? meetmg was a ~eqUlrement that real estate SignS be no more nautical art, gifts, nautical 14-karat gold and Drive to the Clearwate 'h" 40 "".re '",h~, . ~'dl', ,II"" j'",,"y, "'~""'" d~">l...d BUlldlo,..d ""I Th, Old Nm ese and other Issues Will be resented to Island Estates authentic nautical reproductIons, saId LIttler. Collector Cove. ",W"",d"',, Ih. ""'''d 10" 01"",,, ""[0" . "''' Ii: . =taken on the final makeup of the rewlations. ~It~ough many Chu~ch Agency Renresentatlve! ot these are part of the current deed restrictIons of the . I , . ..... "'mm"lty, "m, cill,!,,, '!' hoplo, ""t. th,y will."" '" p.rt To DiScuss POSSlllle Plan For C 'f 'h".w '""" Ih" '"''''"' th.lth, cuy ..II "10",, th'm, . . . .. ~ _' relieving the community of the necessity of going to court to ~~r8 C,... ~__ ..__ enforce them. The Old Nautical Shoppe OlA Bruce and Carol Littler Celebra First Anniversary Of "Collector I:ly cj. pollick ti-""",... u':..L y_,_ .- . c{)t!/ ~ 01 0:)1 ~o I o ( 0 '"2., Fran~ine Briskman 66 Midway Island Clearwater, Florida 33767 ttt>/@ March 14,2001 To: The City of Clearwater Community Development Board Thank you for the opportunity to readdress your board with regard to the application for a variance for Ernest McDowell at 42 Midway Island, Unit 3, Lot 8. I am requesting that the Board DENY the request for a variance of a 2 Yz' ELEVATION with a 10' setback for the pool for the following reasons: Q The lot has been leveled providing the owner and architects an opportunity to stay within the setback criteria. Their choice to place the pool in a position, which would require a variance for elevation, was a premeditated choice subject to denial. The city code calling for a level grade pool was not arbitrarily conceived. Q Elevated pools become obstructions for neighbors. Today the request is for a 2 YZ' elevation. Tomorrow another homeowner may request a 6' Elevation. Next week there will be a request for a 4 1/2' Elevation. And the list will continue to grow as the neighborhood rebuilds itself Clearly a well-stated code providing for a level grade pool provides for a uniform standard of development. If one variance is granted we open the door for an on-going flood of variance requests. Ifwe maintain a re~ect for a well thought out code future builders and architects will recognize the city's position of adhering to its own codes. Q Please take note that withFEMA regulations calling for homes 12' plus above existing ground levels, the continued request for pool elevation variances will become a never- ending reality for this board. Having a code in place and enforcing it seems to a be a logical and reasonable solution for all. There are no surprises here. There is a rule on the books, which is there for a reason. In this case the homeowner, architects, and lobbyist are fully aware of the rules. I am here today to ask the city to enforce its existing codes. I will present further justification for enforcing the city codes but I find it ironic that I need do this at all. Either we have a codebook that we adhere to or we need to totally abandon the concept of codes. Q Avoiding obtructions to views are of tantamount importance in waterfront and golfing communities. City Staff recognized this obstruction problem by placing a caveat on the McDowell request ofa 10' setback. They stated that a screened birdcage would not be permitted which would eliminate any potential obstruction complaints. This obstmction issue must be taken a step further to consider the potential request for fencing around the pool. The City defers its pool safety rules to the state Residential .. . . Swimming Pool Safety Act. They are provided for your inspection. Note the requirements for fencing. If the homeowner chooses the fencing option it creates an immediate obstruction for the neighbors. If the math is carried forward place a 6' fence on an elevated 2 ~' pool deck and you have an 8-~' solid obstruction on the side of the house and a 6 ~' fence parallel to the sea wall. If your board receives a request next week for an elevation of 6' imagine the potential obstruction iffencing is placed around that pool. o All caveats are here today and gone tomorrow. Nothing can stop the homeowner from requesting a birdcage next year or a fence. New owners may come, new board members, new commissioners and new city staff. All too often the history gets lost with the change in ownership. Our Codes are there to provide us with a well thought out a preplanned uniform standard. They are there to protect me from unwanted deviations from the rules. o Therefore, I respectfully request that we adhere to our current codes and DENY the request for variance. Sincerely, Francine Briskman if .. t ' ~ 77- 01 ~I 0<. O...("/:)DI ~ ~/ Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: l)I feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)I want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ( -~ ReSTaenE N2rnre G()tIV /lilt) 1J;{~_Sj(t,. :;2 0 /JJ /..0 ,!-v ,1<1 /' street Address S/J;;/ Date ( ~ G 51st> \ 41 ev 7'1- c;Ji o ~ 't>t~ " " Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: l)I feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)I want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ~l:QE'A- ~aLe--v~'LA Resident Name =jZ-l'1. ~\.A..(J IS~ \'\ Street Address 4- \t 0\ Da e f ' . .. ~ () ':)1 ~-V /.. 61 tJi 0<. CtJ6 . 7t- cJ I Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing ala' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ---1'~~ (LV Resident Name ~ 7 l- 5 ~ ~___L Street Address ~ '1-/1-.6/ Date . ~ OS'j.$" I ~I ~ '7"'L- 0 L 0(1 0 <2 . .. Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: l)I feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)I want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ~!B-..~ ....~ ~ "- ResiQent Name \ ,..... ~ m tt)(/~~-y -=r s (.,A-fvO Street Address s- 12- 200'L Date .;- , , e;CS 051.,>0 t 'r-c- 61 ~ OJ" o i d' <: Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ~~ " ./ Residen!"~ain n - - - (;Z~ (V{ vQL~ru. J6( ~ Street Address &-' 3/;[J/or Datel I 0'j R- 36767 e /5 05 t~ 0 I 151 ~ ::z- 61 Ot fO~ T '- .~ <.: .. Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank /3 k~cJJJ';;.'/c;.JV/ acYwc/hJ /L--- . / Street Address I . 33'7(;7 /??~v; ,/ ~cJ / Date / / .f ./5 OS ISD , 6J .196 "1"- 0 l C) L (.) 2... Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing aID' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. /'- ,. C'.". z.. Resident Name Street ,)--/S!-(J/ Date . .p oS 150 I. ct>> t5 I /l- 0' oj o~ \. Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. Res(;kf~fm: 1 {p ( D ~Lf a~ J Wll{ Street Address u' ~~. ~ t. (-7 hl-3bl( ({ Ll 'Ii 0 I , Date 61 /S' . r-L OJ o I "'2 ~p OSiJ-o/ '-f Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. //y ~~~ Resid~ Name' f..:3 /J;Z/ z:;t::dAf/ /.5 L , Street Address f-/2-0/ Date ,,6/ '~. 7'L- 0; 01 d~ e.LIl5 oS .. S 0 i '" " Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: l)I feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)I want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ,(hJl/a -,,/CJ ~~N's Resid nt Name fR.(V JsJ~j W.~ Street Address Ii 3 b~ S/lyJo I Date I I -{ dl OJ l.s. -', /, 01' CI j d'~. CaD ?L . . Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)1n regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 3D' high at a 10' setback from the water. Thank 1~ ft1~~ Street Address 0/1 11 ~( Date 6/ . .n- d/ 01 i!~. C~~ "... ~O j 0-,,)6 . . .. Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: l)I feel that the issue presented to the Board, of allowing a la' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)I want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. 5 <-0# -y(hlA 60-'-',- ~[< Resident Name 11 S' t/-zu 6 DC T-~ Street Address ~/110l Dat4 ,;' . . . pC$ ,/ /B' . a~. c,.o6 CJ~I s-o J "k.. 0' ell Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. . to7o fIz~ 6c/ T-,s /, Street Address shy: ) c)1 Date I A5.~' '~ 01 01 Q~ . c...!..-{tJ/~ c:?J ; .)-D I . . " <II Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. I~s, /<D & Ie vt ; Resident Name dJ-}~ P cJI ~1," :JSJlotDP IV. uJ_ Street Address 5'/1'-10 I Date' ./ . . . . ?-L 06ij""O' C .I!J is .' C' < /5' OJ Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)1n regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. SD ll1iJ,,:;c( J~~ {J Street Address ~/ '-I/O I Dat.e' .1 '"~' .'97- 01 e' o~ C5/S 6 ( . . CPp" . Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. (~// ~{ 5{) '7 IV! ; tjc~t{1 {-'slIM J Street Address ' $//<;/DI Data I- I I I I I ( ., . . .' a ~-{~-o I c,tJ.6 ~ . H:... . o , CT' ~ Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: l)I feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)I want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 3D' high at a 10' setback from the water. Thank you. U MCUth'/~JP-l Resident Name ~ ty~ tfvvt /Jl ~/'.f ~ Street Address 6'bJ D l Date e4/ ~. ?-L CJ I el c!>~ 05'1.001 C ..,...,- '" I/O., . Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: l)I feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)I want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)In regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ~+-<-\f~ ~ l,,-~C1>- Resldent Name t-/M \)1J) "h€ ""~ ~( 1\ ,uV\. lo~u Street Address j~ ''J ( b t Date " . . ~ 0 I 01 ~ pi n os i ,')-f) I CItJt5 , " Letter to the City of Clearwater's Community Development Board: As a resident of the Island Estates community, and resident near Ernest McDowell's residence at 42 Midway Island, I want to stress our support of his application for your consideration: 1)1 feel that the issue presented to the Board, of allowing a 10' set back from the sea wall/property line at the rear on the water, with a 2.5' high deck pool, above grade is fully acceptable and desired. I urge you to fully support that request. 2)1 want to communicate that at no time has a civic association nor a home owner's association ever requested my opinion or position on this type of issue, or similar issues that may impact these matters. 3)1n regard to tradeoff's, it is certainly much more acceptable to have a reduced set back for a deck at a few feet higher above grade, that an allowable, by City Code, screen enclosure at 30' high at a 10' setback from the water. Thank you. ( CLII ( ~ -t" S O--StiA.l' tIJIl I~ Name q l;f- ~ {)n ~ - Street Address 5'/JiID( Date f~. et.5LSOI II CJ'iJ 6 . Permit # Ol 6<... ~ ~ 1-L O} Residential Swimming Pool Spa and Hot Tub Safety Act o Notice of Requirements I (We) acknowledge that a new swimming pool, spa or hot tub will be constructed or installed at , and hereby affirm that one of the following methods will be used to meet the requirements of Chapter 515, Florida Statutes. (f!..lease initial one of the following) The pool will be isolated from access to the home by an enclosure that meets the pool barrier requirements ofss. 515.29, F.S.; The pool will be equipped with an approved safety pool cover that complies with ASTM F1346- 91 (Standard Performance Specifications for Safety Covers for Swimming Pools, Spas and Hot Tubs); All doors and windows providing direct access from the home to the pool will be equipped with an exit alarm that has a minimum sound pressure rating of eighty-five (85) decibels at ten (10) feet; All doors providing direct access from the home to the pool will be equipped with self-closing, self-latching devices with release mechanisms placed no lower than fifty-four (54) inches above the floor or deck. I understand that not having one of the above installed at the time of final inspection, or when the pool is completed for contract purposes, will constitute a violation of Chapter 515, F.S. and will be considered as committing a misdemeanor of the second degree, punishable by fines up to $500 and/or up to 60 days in jail pursuant to Chapter 775, F.S. Contractor's Signature Date Owner's Signature Date Contractor's Name (please Print) Owner's Name (please Print) . . ~ BUILDING OFFICIALS ASSOCIATION OF FLORIDA GUIDELINES FOR IMPLEMENTATION OF THE "RESIDENTIAL SWIMMING POOL SAFETY ACT" 1. BACKGROUND The Building Officials Association of Florida has undertaken to establish these guidelines for fair and reasonable implementation of the Residential Swimming Pool Safety Act adopted by the Florida Legislature for inclusion in Chapter 515, F.S., and effective October 1, 2000. Deliberations included input from Building Officials of various jurisdictions within the State, representatives of the swimming pool, homebuilders', and other affected industries. Consideration was given to several facts; (1) no clear responsibility was assigned to building departments in the Act, (2) the Act is not part of any commonly acknowledged construction code, (3) practical construction and installation applications of certain provisions in the Act were not addressed and, (4) reasonable thought and common practice should apply as to its implementation date. 2. PURPOSE These guidelines were developed for distribution and consideration for use by building departments in Florida, which do not currently enforce equivalent, or more stringent, pool safety requirements. These guidelines do not constitute a directive or legal opinion They should only be used after careful consideration, and in conjunction with all information provided in the entire document, including notes and commentary 3. GOAL It is the intent of the Building Officials Association of Florida, through development and distribution of these guidelines, to encourage and facilitate reasonable, consistent implementation statewide of certain provisions of the Act. These guidelines represent a "best effort" to interpret the vague and ambiguous statutory language of the Act and provide support for its stated intent of supplementing adult supervision as the primary means of preventing accidental drownings or near- drownings of children and medically frail, elderly persons in residential swimming pools. 4. CONCLUSIONS (Note) indicates a corresponding numbered note following these conclusions The Building Officials Association of Florida concludes that implementation and application of the following guidelines will reasonably meet the implied intent of the Residential Swimming Pool Safety Act. (1) In order to pass final inspection and/or receive a certificate of completion, new residential swimming pools for detached single family, duplex, and townhouses less than four stories in height must have at least one of the following pool safety features: (a) A barrier (note no. i) which encloses the pool and provides isolation from the home that meets all of the following conditions; 1. Is at least 48" high, and 2. Is not passable or climb-able by small children, and 3. Is located around the perimeter (note no.2) of the pool, but placed a sufficient distance from the water's edge (note no.3) to prevent a child or frail, elderly person from falling into the pool if they do get past the barrier, and 4. Is not situated close to permanent structures or equipment that could be used to climb over the barrier. (b) An approved (ASTM F1346-91) pool safety cover. (c) Audible exit alarms (minimum 85 decibels at 10ft) installed on all doors and windows providing direct access from the home (note no. 4) to the pool. . . (d) Self-closing and self-latching devices, with a release mechanism placed no lower than 54 inches above the floor, installed on all doors providing direct access from the home (note no. 4) to the pool. (2) There are other significant requirements in the law including (I) for above-ground pools, stepslladders which must be removable or capable of being secured if the structure walls constitute the "barrier" and are consistent with the "barrier" definition and (2) gates which provide access to any residential pool must open outward away from the pool and be self-closing, -latching, -locking. The release mechanism on such gates must be on the inside (pool side) and out of the reach of young children. (3) These requirements should apply to all new swimming pool permits applied for on or after October 1,2000. (Note no. 5) Note 1 Standard screen enclosures of the type commonly installed in Florida may be utilized as part of or all of the "barrier" and shall be considered a "non-dwelling" wall. Note 2 The "perimeter" of a pool is defined by the limits of the pool deck and any dwelling or non-dwelling wall (or other adjacent open space as determined by the Building Official), or any combination thereof, which completely surrounds the pool. Note 3 "Sufficiently away from the water's edge" means no less than 3 ft from the barrier to the water's edge. Dwelling or non-dwelling walls, when used as part or all of the "barrier", and meeting the other barrier requirements, may be as close to the water's edge as permitted by prevailing construction codes, laws and ordinances. Reasonable application presumes that a dwelling wall or properly installed screen enclosure wall extends to the "roof' and is not passable or climb-able. Note 4 "Direct access from the home" means any opening which discharges into the "perimeter" of the pool or any opening in an exterior dwelling wall or interior wall (for indoor pools), which faces the pool. Exception: any window with a bottom sill height of 48 inches or more measured from the interior finished floor at the pool access level. Note 5 Reflects standard practice of building departments statewide for implementation of any new construction code requirements. Does not impose unexpected costs on buyers or builders of pools contractedfor prior to the implementation date. Provides reasonable time for development/distribution of publications required in the Act. Assumes complete, properly executed application for pool permit has .been received in the building department before implementation date. 5. COMMENTARY The Building Officials Association of Florida, after having received and reviewed knowledgeable input from building officials, pool builders, home builders, and other interested parties believes these guidelines to be reasonable, practical and consistent with the intent of the Act. These guidelines are not an official interpretation of the law. For complete text of the Act refer to S5. 515.21-515.37. Florida Statutes. The Building Officials Association of Florida further recommends that; 1. The requirements of the Act be applied after the implementation date to pool renovations, the cumulative costs of which, over a I-year period, exceed 30% of the assessed value of the pool. "Pool renovations" apply to the structural repair, reconstruction or restoration of the pool structure (shell) and do not include the installation, repair, replacement or maintenance of screen enclosures or pool circulating equipment. 2. A notice, substantially similar to the one included with these guidelines, be provided to the owner and contractor for inclusion with the pool permit documents, and collected by the Building Department when issuing the permit. . . 2. If pool were at-grade- permitted by right and permitted screen enclosure 3. Proposed pool is not massive & Outside sight-visibility triangle. 4. Seawall will be reengineered as part of house construction a. Building Official acknowledged that reengineering IS possible in 10 feet. b. Applicant bares the burden to seek building department approval. B. Neighborhood Concern 1. Spoke to fi ve residents a. Two people in opposition (1) includes one letter of opposition b. Two people undecided c. One person not objecting 2. Staff spoke with Applicant to provide additional rear setback from fi ve to ten feet. VI. Recommendation A. Approval wi conditions B. Conditions 1. That the pool deck be limited to 2.5 feet in height and provide a minimum south side setback of 17.5 feet and a minimum north side setback of 14.5 feet; 2. That no portion of the pool deck, landscaping, or future fencing encroach into the waterfront sight visibility triangle as defined by Code; 3. That any future request for a screen enclosure be approved by the Community Development Board. . . COMMUNITY DEVELOPMENT BOARD - Presentation Outline CASE: FL 01-01-02 ADDRESS: 42 Midway Island Variance History 1. 850 Harbor Island Request to reduce the rear setback from 25 feet to 21 feet House expansion 2. 320 Palm Island SE Request to reduce the rear setback from 25 feet to 18 feet House addition - existing setback encroachment 3. 222 Palm Island Request to reduce the rear setback from 25 feet to 14 feet Pool deck - six feet above grade . . Table 2-202. "LMDR" District Minimum Standard Development Min. Lot Size Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear(1) Accessory pools and screen enclosures 10 Community Residential Homes (up to 5,000 50 25 5 15 30 2/unit 6 residents) Detached Dwellings 5,000 50 25 5 15 30 2/unit (1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may require the rear setback to be at least 18 feet from a seawall. ~ Supp. No. 1 CD2:12 . . COMMUNITY DEVELOPMENT BOARD - Presentation Outline CASE: FL 01-01-02 ADDRESS: 42 Midway Island REQUEST: Flexible Development approval to reduce the rear setback from 25 feet to 10 feet, as part of a Residential Infill Project. Changed from five-foot setback 1. Site Description A. General 1. 0.22-acre parcel 2. Island Estates 3. West side of Midway Island B. Existing structures 1. Single-story house 2. May have already been demolished II. Neighborhood Character A. Entirely well-maintained, single-family homes B. Majority have frontage on canals III. Proposal Summary A. House Redevelopment Includes: 1. A new, three-story house 2. First floor is not inhabitable 3. Second and third levels = living space 4. House conforms to all minimum development standards and will be built regardless of outcome. 5. Living space required to be elevated 6.5 feet above grade B. Pool deck 1. 2.5 feet above grade - 4 foot difference from outdoor patio 2. lO-foot rear setback 3. 17.5 - south side setback 4. 14.5 - north side setback 5. No screen enclosure IV. Land Development Regulations A. Detached dwellings are required 25-foot rear setback along waterfronts B. At-grade pools are permitted a less restrictive lO-foot rear setback and 10- foot side setbacks. Screen enclosures are also permitted as of right. C. Raised pools must be reviewed against the more restrictive 25-foot rear setback V. Requests A. Request to reduce the rear setback from 25 feet to 10 feet 1. FEMA requirements require house 6.5 feet above grade a. At-grade pool results in six-foot grade change b. 2.5-foot pool reasonably reduces grade change to 4 feet. t:'" . . CDB Meeting Date: March 20, 2001 Case Number: FL 01-01-02 Agenda Item: C 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER: Ernest McDowell LOCATION: 42 Midway Island REQUEST: Flexible Development approval to reduce the rear setback from 25 feet to 10 feet, as part of a Residential Infill Project. PLANS REVIEWED: Site plan materials submitted by Oliveri Architects SITE INFORMATION: PROPERTY SIZE: 0.22 acres; 9,583.2 square feet DIMENSIONS OF SITE: 80 feet of width and 120 feet of depth PROPERTY USE: Current use: Proposed use: Single-family residence Single-family residence PLAN CATEGORY: RU, Residential Urban Classification ZONING DISTRICT: LMDR, Low Medium Density Residential District ADJACENT LAND USES: North: Single-family residence West: Clearwater Harbor East: Single-family residence South: Single-family residence Page 1 ~ : . . CHARACTER OF THE IMMEDIA TE VICINITY: The general vicinity IS dominated by single-family residences. ANALYSIS: The 0.22-acre site is located on the west side of Midway Island, approximately 550 feet south of Windward Passage in Island Estates. The immediate vicinity is composed entirely of well- maintained, single-family dwellings. The majority of the houses have frontage on canals that ultimately connect with Clearwater Harbor. The site has an existing 2,295 square foot, single-story, ranch-style house. The house resembles the majority of the houses in Island Estates. There is an existing pool and patio area approxi- mately 10 feet from the rear property line. An existing dock extends into the waterway. The property to the south has a similar site layout. The existing house lacks the square footage desires of the current owner. The proposal includes replacing the existing house with a new, three-level 7,381 square foot house that includes living, garage, and storage space. The house is proposed with a height of 30 feet above the base flood elevation. The elevations include a modem design with stucco exterior walls. The main roof style is almost entirely flat. A metal hip-roof is located to the center of the structure. Overall, the style is unique to this site. The building footprint is within the minimum structural setbacks as required by Code. The first level will include a garage and other non-habitable spaces. The main level (second floor) will include a family room, dining room, office and a kitchen. The upper level (third floor) will include bedrooms and bathrooms. The main level steps out onto a raised patio flush with the living area. The raised patio will step down to a pool deck at an elevation of approximately 2.5 feet above grade. The pool deck location will also allow for easy access to the existing dock that extends into the waterway. No screen enclosure or "bird cage" is planned for the pool. The existing seawall will be removed and rebuilt as part of the new house construction. No specific fencing is proposed at this time. All future fencing must comply with Code and follow the standards for the waterfront sight visibility triangle. The specific request is to reduce the rear setback for a 2.5-foot elevated pool deck from 25 feet to 10 feet, as part of a Residential Infill Project. Code allows accessory structures such as pools and attached decks a less restrictive rear setback of 10 feet. Pools and decks are normally constructed at grade and are not readily seen from adjacent properties. Other structures are required a 25-foot rear setback for those properties that abut waterways. Given the pool deck design of approxi- mately 2.5 feet above grade, Staff has determined that it should be reviewed against the more restrictive structural 25-foot rear setback. Aside from either setback perspective (10 feet or 25 feet), the proposal requires Community Development Board approval for an elevated pool at a lO-foot rear setback. Page 2 . . The main floor of the house will be elevated approximately 6.5 feet above grade pursuant to the Federal Emergency Management Agency (FEMA) requirements and the outdoor patio will be flush with this level. An elevated pool deck of 2.5 is requested to reduce the elevation difference with the upper patio. An at-grade alternative would be less desirable with a high staircase and less visual connection with the house. The applicant does not need Community Development Board approval to construct an at-grade swimming pool with lO-foot side and rear setbacks. A screen enclosure would also be permitted if constructed in compliance with the minimum development standards. The 2.5-foot deck elevation is the only design aspect that requires a public hearing. Considering the house design and needed space for the swimming pool, the elevated deck could not be located on site to satisfy the 25-foot rear setback requirement. There appears to be one alternative location for the deck closer to the south; however, this alternative would place the pool close to the neighboring property to the south and may visually impact that site. This alternative would require further deviations of Code for a reduced side setback. The preferred design, as proposed, will provide absolute clearance in the waterfront sight visibility triangle and better preserve views to the water by adjacent properties. The preferred design will provide a 17.6-foot side setback along the south property line; other options would place the deck as close as five feet from the south property. The side setback areas will be heavily landscaped with flowering bushes and palms. A specific landscape plan has not been determined; however, plant materials will meet standards for the waterfront sight visibility triangles. Additionally, no screen enclosure is part of the proposal that would otherwise impact waterfront and sky views. The proposal is not expected to produce any negative impacts for adjacent properties. It is consistent with the criteria of Residential Infill Projects. CODE ENFORCEMENT ANALYSIS: There are no outstanding or pending code enforcement violations for this property A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARDS IN THE LMDR, LOW MEDIUM DENSITY RESIDENTIAL DISTRICT: STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? DENSITY 1 dwelling unit 1 dwelling unit 1 dwelling unit Yes IMPERVIOUS 0.65 0.49 0.60 Yes SURFACE RA TIO Page 3 . . B. FLEXIBILE DEVELOPMENT STANDARDS FOR RESIDENTIAL INFILL PROJECTS IN THE LMDR, LOW MEDIUM DENSITY RESIDENTIAL DISTRICT: STANDARD PERMITTEDI EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA N/A 9,583.2 square 9,583.2 square Yes minimum feet feet LOT WIDTH N/A 80 feet 80 feet Yes minimum HEIGHT N/A 12 feet 30 feet* Yes maximum FRONT YARD N/A 25 feet 25 feet Yes SETBACK minimum SIDE YARD N/A 8 feet- north; 6.7 5 feet Yes SETBACK feet - south minimum REAR YARD N/A 11 feet - pool 10 feet - raised Yes SETBACK deck; 28 feet - pool deck; 25 minimum house feet - house PARKING 1 space per 2 spaces 2 spaces Yes SPACES dwelling unit minimum * Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. (Section 8-102, Height, building or structure) C. FLEXIBILITY CRITERIA FOR RESIDENTIAL INFILL PROJECTS: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from intensity and development standards. The pool could be constructed at-grade but would result in 6.5-foot elevation difference including a high staircase and less visual connection with the house. The elevated pool deck could be placed farther east but given the deck's 2.5-foot height, this position may negatively impact the neighboring property to the south and require additional Code deviations. The preferred design allows greater distance between the pool and deck from the southern property line (neighboring site). Page 4 ,.' . . 2. The development of the parcel proposed for development, as a Residential Infill Project will not reduce the fair market value of abutting properties. The raised - pool deck will not be located within the rear sight visibility triangles, as required by Code and is not expected to devalue adjacent properties. There is no screen enclosure proposed with this application that would degrade views to the water. There appears to be no other impacts that would otherwise reduce the value of abutting properties. The property is currently appraised at $235,000. Upon completion of the new house, the value is expected to exceed $1.1 million. 3. The uses within the Residential Infill Project are otherwise permitted in the District. The LMDR, Low Medium Density Residential District, permits detached dwellings. 4. The uses within the Residential Infill Project are compatible with adjacent land uses. Detached dwellings encompass the entirety of the immediate neighborhood. The proposed new detached dwelling use is consistent with this criterion. The proposed pool and attached deck will not encroach the waterfront sight visibility triangles and views to the water will be preserved. The pool and attached deck will be elevated by approximately 2.5 feet, but do not have the same massing as an enclosed pool. The pool deck will setback 17.5 feet from the south property line and 14.5 feet from the north property line. The landscaping proposed will help buffer the pool area from adjacent properties. There is no screen enclosure associated with this request. 5. The development of the parcel proposed for development as a Residential Infill Project will upgrade the immediate vicinity of the parcel proposed for development. The new house will replace an older, single-family residence. The proposal includes extensive landscaping that will enhance the property's appearance from adjacent lots and the water. The proposed pool placement allows for a wider buffer from the neighboring site to the south. The south side setback will be 17.5 feet and the north side setback will be approximately 14.5 feet, where 10 feet is required. 6. The design of the proposed Residential Infill Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The immediate neighborhood has a strong waterfront character including views to the open sky and adjacent canals. The pool deck is designed to connect the house with the adjacent waterway and dock. Its design is at a much lower height than the proposed Page 5 . . house and results in a less massive appearance than other alternatives. The pool placement allows for a larger buffer for the lot to the south. 7. Flexibility in regard to lot width, required setbacks, height, off.street parking access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The community character includes open water and sky views. The proposed pool deck design and absence of a screen enclosure will provide a less bulky appearance than other alternatives. The proposal does not encroach waterfront sight visibility triangles and results in preserved water views. D. GENERAL APPLICABILITY: Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. The proposal is in harmony with the character of adjacent properties. As seen from aerial photography, the adjacent property to the south has greater lot coverage and lesser setbacks than this proposal. The house design and height is result from building requirements in flood prone areas along the coast. All sites that undergo redevelopment in this area will be required to incorporate raised structures that are in compliance with FEMA regulations. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The pool deck was designed to reasonably protect waterfront views and to result in a less massive appearance. The pool placement will provide a larger buffer along the lot to the south while protecting views for both abutting lots. No screen enclosure or "bird cage" is planned for the pool and deck. The deck is proposed at a much lower height than otherwise desired by the homeowner in effort to maintain the waterfront community character. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The proposed house and pool deck are not expected to affect the health or safety of persons residing in the neighborhood. An approved pool barrier is required by law, however, no specifics to its design have been determined. Application for building Page 6 . . permit will require a barrier. The seawall will be replaced and reengineered as part of the house construction. A separate application for that review will be required by the Building Official. 4. The proposed development is designed to minimize traffic congestion. The proposed development will not further contribute to traffic congestion on the island. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The community character includes almost entirely single-family homes with views to the waterways and the sky. The pool deck design will preserve views by not encroaching the waterfront sight visibility triangle and with a limited height no greater than 2.5 feet. The proposed house height is the result of building requirements for homes near high hazard coastal areas. 6. The design of the proposed development mmllnIzes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed pool deck is designed at approximately 2.5 feet above grade and is not expected to impact views to the water and sky from adjacent properties. The pool placement allows for a greater buffer to the adjacent property to the south. SUMMARY AND RECOMMENDATION: The proposed pool deck with a reduced rear setback was reviewed by the Development Review Committee on February 15, 2001 and was found to be consistent with the criteria for the General Applicability and Residential Infill Project. The proposal is expected to enhance the parcel for development and is not expected to produce negative impacts onto adjacent properties and the immediate vicinity. The Planning Department recommends APPROVAL of the Flexible Development application to reduce the rear setback from 25 feet to 10 feet, for the site at 42 Midway Island, subject to the following three conditions: 1. That the pool deck be limited to 2.5 feet in height and provide a minimum south side setback of 17.5 feet and a minimum north side setback of 14.5 feet; 2. That no portion of the pool deck, landscaping, or future fencing encroach into the waterfront sight visibility triangle as defined by Code; 3. That any future request for a screen enclosure be approved by the Community Development Board. Prepared by: W. Ryan Givens, Planner. Page 7 . ATIACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application . Page 8 ;l . , . . CDB Meeting Date: May 15, 2001 Case Number: FL 01-01-02 Agenda Item: Bl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER: Ernest McDowell LOCATION: 42 Midway Island REQUEST: Flexible Development approval to reduce the rear setback from 25 feet to 10 feet, as part of a Residential Infill Project. PLANS REVIEWED: Site plan materials submitted by Oliveri Architects SITE INFORMATION: PROPERTY SIZE: 0.22 acres; 9,583.2 square feet DIMENSIONS OF SITE: 80 feet of width and 120 feet of depth PROPERTY USE: Current use: Proposed use: Single- family residence Single- family residence PLAN CATEGORY: RU, Residential Urban Classification ZONING DISTRICT: LMDR, Low Medium Density Residential District ADJACENT LAND USES: North: Single-family residence West: Clearwater Harbor East: Single-family residence South: Single-family residence Page 1 , '. " . . CHARACTER OF THE IMMEDIATE VICINITY: The general vicinity IS dominated by single-family residences. UPDATE: This case was reviewed at the March 20,2001 Community Development Board (CDB) meeting after lengthy discussion and testimony from neighboring property owners. The motion to approve the application resulted in a vote of three to two. Because all actions by the CDB require four affirmative votes, the application was rendered denied. At the April 17, 2001 CDB meeting, the applicant requested reconsideration of the case by the Board. He cited that the Board based its decision on inaccurate information related to the future Island Estates neighborhood conversation overlay district. He submitted copies of the related petition, noting no reference was made in it to setbacks, as inferred at the March CDB meeting by the neighboring property owners. The staff report remains generally unchanged from the original distribution for the March meeting. ANALYSIS: The 0.22-acre site is located on the west side of Midway Island, approximately 550 feet south of Windward Passage in Island Estates. The immediate vicinity is composed entirely of well- maintained, single-family dwellings. The majority of the houses have frontage on canals that ultimately connect with Clearwater Harbor. The site has an existing 2,295 square foot, single-story, ranch-style house. The house resembles the majority of the houses in Island Estates. There is an existing pool and patio area approxi- mately 10 feet from the rear property line. An existing dock extends into the waterway. The property to the south has a similar site layout. The existing house lacks the square footage desires of the current owner. The proposal includes replacing the existing house with a new, three-level 7,381 square foot house that includes living, garage, and storage space. The house is proposed with a height of 30 feet above the base flood elevation. The elevations include a modem design with stucco exterior walls. The main roof style is almost entirely flat. A metal hip-roof is located to the center of the structure. Overall, the style is unique to this site. The building footprint is within the minimum structural setbacks as required by Code. The first level will include a garage and other non-habitable spaces. The main level (second floor) will include a family room, dining room, office and a kitchen. The upper level (third floor) will include bedrooms and bathrooms. The main level steps out onto a raised patio flush with the living area. The raised patio will step down to a pool deck at an elevation of approximately 2.5 feet above grade. The pool deck location will also allow for easy access to the existing dock that extends into the waterway. No screen enclosure or "bird cage" is planned for the pool. The Page 2 . . existing seawall will be removed and rebuilt as part of the new house construction. No specific fencing is proposed at this time. All future fencing must comply with Code and follow the standards for the waterfront sight visibility triangle. The specific request is to reduce the rear setback for a 2.5-foot elevated pool deck from 25 feet to 10 feet, as part of a Residential Infill Proj ect. Code allows accessory structures such as pools and attached decks a less restrictive rear setback of 10 feet. Pools and decks are normally constructed at grade and are not readily seen from adjacent properties. Other structures are required a 25-foot rear setback for those properties that abut waterways. Given the pool deck design of approxi- mately 2.5 feet above grade, Staff has determined that it should be reviewed against the more restrictive structural 25-foot rear setback. Aside from either setback perspective (10 feet or 25 feet), the proposal requires Community Development Board approval for an elevated pool at a 10- foot rear setback. The main floor of the house will be elevated approximately 6.5 feet above grade pursuant to the Federal Emergency Management Agency (FEMA) requirements and the outdoor patio will be flush with this level. An elevated pool deck of 2.5 is requested to reduce the elevation difference with the upper patio. An at-grade alternative would be less desirable with a high staircase and less visual connection with the house. The applicant does not need Community Development Board approval to construct an at-grade swimming pool with lO-foot side and rear setbacks. A screen enclosure would also be permitted if constructed in compliance with the minimum development standards. The 2.5-foot deck elevation is the only design aspect that requires a public hearing. Considering the house design and needed space for the swimming pool, the elevated deck could not be located on site to satisfy the 25- foot rear setback requirement. There appears to be one alternative location for the deck closer to the south; however, this alternative would place the pool close to the neighboring property to the south and may visually impact that site. This alternative would require further deviations of Code for a reduced side setback. The preferred design, as proposed, will provide absolute clearance in the waterfront sight visibility triangle and better preserve views to the water by adjacent properties. The preferred design will provide a 17.6-foot side setback along the south property line; other options would place the deck as close as five feet from the south property. The side setback areas will be heavily landscaped with flowering bushes and palms. A specific landscape plan has not been determined; however, plant materials will meet standards for the waterfront sight visibility triangles. Additionally, no screen enclosure is part of the proposal that would otherwise impact waterfront and sky views. The proposal is not expected to produce any negative impacts for adjacent properties. It is consistent with the criteria of Residential Infill Projects. CODE ENFORCEMENT ANALYSIS: There are no outstanding or pending code enforcement violations for this property. Page 3 . . A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARDS IN THE LMDR, LOW MEDIUM DENSITY RESIDENTIAL DISTRICT: STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? DENSITY 1 dwelling unit 1 dwelling unit 1 dwelling unit Yes IMPERVIOUS 0.65 0.49 0.60 Yes SURFACE RATIO B. FLEXIBILE DEVELOPMENT STANDARDS FOR RESIDENTIAL INFILL PROJECTS IN THE LMDR, LOW MEDIUM DENSITY RESIDENTIAL DISTRICT: STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA N/A 9,583.2 square 9,583.2 square Yes minimum feet feet LOT WIDTH N/A 80 feet 80 feet Yes minimum HEIGHT N/A 12 feet 30 feet* Yes maximum FRONT YARD N/A 25 feet 25 feet Yes SETBACK minimum SIDE YARD N/A 8 feet- north; 6.7 5 feet Yes SETBACK feet - south minimum REAR YARD N/A 11 feet - pool 10 feet - raised Yes SETBACK deck; 28 feet - pool deck; 25 minimum house feet - house PARKING 1 space per 2 spaces 2 spaces Yes SPACES dwelling unit minimum * Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. (Section 8-102, Height, building or structure) Page 4 . . C. FLEXIBILITY CRITERIA FOR RESIDENTIAL INFILL PROJECTS: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from intensity and development standards. The pool could be constructed at-grade but would result in 6.5-foot elevation difference including a high staircase and less visual connection with the house. The elevated pool deck could be placed farther east but given the deck's 2.5-foot height, this position may negatively impact the neighboring property to the south and require additional Code deviations. The preferred design allows greater distance between the pool and deck from the southern property line (neighboring site). 2. The development of the parcel proposed for development, as a Residential Infill Project will not reduce the fair market value of abutting properties. The raised pool deck will not be located within the rear sight visibility triangles, as required by Code and is not expected to devalue adjacent properties. There is no screen enclosure proposed with this application that would degrade views to the water. There appears to be no other impacts that would otherwise reduce the value of abutting properties. The property is currently appraised at $235,000. Upon completion of the new house, the value is expected to exceed $1.1 million. 3. The uses within the Residential Infill Project are otherwise permitted in the District. The LMDR, Low Medium Density Residential District, permits detached dwellings. 4. The uses within the Residential Infill Project are compatible with adjacent land uses. Detached dwellings encompass the entirety of the immediate neighborhood. The proposed new detached dwelling use is consistent with this criterion. The proposed pool and attached deck will not encroach the waterfront sight visibility triangles and views to the water will be preserved. The pool and attached deck will be elevated by approximately 2.5 feet, but do not have the same massing as an enclosed pool. The pool deck will setback 17.5 feet from the south property line and 14.5 feet from the north property line. The landscaping proposed will help buffer the pool area from adjacent properties. There is no screen enclosure associated with this request. Page 5 . . 5. The development of the parcel proposed for development as a Residential Infill Project will upgrade the immediate vicinity of the parcel proposed for development. The new house will replace an older, single-family residence. The proposal includes extensive landscaping that will enhance the property's appearance from adjacent lots and the water. The proposed pool placement allows for a wider buffer from the neighboring site to the south. The south side setback will be 17.5 feet and the north side setback will be approximately 14.5 feet, where 10 feet is required. 6. The design of the proposed Residential Infill Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The immediate neighborhood has a strong waterfront character including views to the open sky and adjacent canals. The pool deck is designed to connect the house with the adjacent waterway and dock. Its design is at a much lower height than the proposed house and results in a less massive appearance than other alternatives. The pool placement allows for a larger buffer for the lot to the south. 7. Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The community character includes open water and sky views. The proposed pool deck design and absence of a screen enclosure will provide a less bulky appearance than other alternatives. The proposal does not encroach waterfront sight visibility triangles and results in preserved water views. D. GENERAL APPLICABILITY: Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. The proposal is in harmony with the character of adjacent properties. As seen from aerial photography, the adjacent property to the south has greater lot coverage and lesser setbacks than this proposal. The house design and height is result from building requirements in flood prone areas along the coast. All sites that undergo redevelopment in this area will be required to incorporate raised structures that are in compliance with FEMA regulations. Page 6 '. . . 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The pool deck was designed to reasonably protect waterfront views and to result in a less massive appearance. The pool placement will provide a larger buffer along the lot to the south while protecting views for both abutting lots, No screen enclosure or "bird cage" is planned for the pool and deck. The deck is proposed at a much lower height than otherwise desired by the homeowner in effort to maintain the waterfront community character. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The proposed house and pool deck are not expected to affect the health or safety of persons residing in the neighborhood. An approved pool barrier is required by law, however, no specifics to its design have been determined. Application for building permit will require a barrier. The seawall will be replaced and reengineered as part of the house construction. A separate application for that review will be required by the Building Official. 4. The proposed development is designed to minimize traffic congestion. The proposed development will not further contribute to traffic congestion on the island. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The community character includes almost entirely single-family homes with views to the waterways and the sky. The pool deck design will preserve views by not encroaching the waterfront sight visibility triangle and with a limited height no greater than 2.5 feet. The proposed house height is the result of building requirements for homes near high hazard coastal areas. 6. The design of the proposed development mInImIZeS adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed pool deck is designed at approximately 2.5 feet above grade and is not expected to impact views to the water and sky from adjacent properties. The pool placement allows for a greater buffer to the adjacent property to the south. Page 7 . . SUMMARY AND RECOMMENDATION: The proposed pool deck with a reduced rear setback was reviewed by the Development Review Committee on February 15, 2001 and was found to be consistent with the criteria for the General Applicability and Residential Infill Project. The proposal is expected to enhance the parcel for development and is not expected to produce negative impacts onto adjacent properties and the immediate vicinity. The Planning Department recommends APPROVAL of the Flexible Development application to reduce the rear setback from 25 feet to 10 feet, for the site at 42 Midway Island, subject to the following three conditions: 1. That the pool deck be limited to 2.5 feet in height and provide a minimum south side setback of 17.5 feet and a minimum north side setback of 14.5 feet; 2. That no portion of the pool deck, landscaping, or future fencing encroach into the waterfront sight visibility triangle as defined by Code; 3. That any future request for a screen enclosure be approved by the Community Development Board. Prepared by: W. Ryan Givens, Planner. ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application \ IMS2IPDS\Planning DepartmentlC D BIFLEXlInnactive or Finished ApplicationslMidway Island 42 McDowel/- DeniedlMidway Island 42 reconsideration STAFF REPOR T. doc Page 8 e e ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER May 15, 2001 Meeting called to order at 1 :00 p.m. at City Hall ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION - None. ITEM B - RECONSIDERED ITEMS Item #B 1 - (Reconsidered item from 3/20/01) 42 Midwav Island: Ernest H. McDowell - Owner/Applicant. Request flexible development approval to reduce rear setback from 25 feet to 10 feet as part of Residential Infill Project at Island Estates of Clearwater Unit 3, Lot 8. FL01-01-02 ACTION - APPROVED - 6:0 - with conditions: 1) pool deck to be limited to 2.5 feet in height with a minimum south side setback of 17.5 feet and a minimum north side setback of 14.5 feet; 2) no portion of pool deck, landscaping, or future fencing to encroach into waterfront sight visibility triangle as defined by Code; and 3) any future request for screen enclosure to be approved by Community Development Board. ITEM C - LEVEL TWO APPLICATIONS Item #C1 - 1727 Nurserv Road: Bennie R. & Emilie J. Carter - Owner/ Applicant. Request Annexation of 0.18 acres to the City of Clearwater with a Land Use Plan amendment to RL, Residential Low and rezoning to LMDR, Low Medium Density Residential District at 1727 Nursery Road. ANX 01-03-08 ACTION -ITEM WITHDRAWN Item #C2 - 2492 Belleair Road: Belleair Townhouse Partners, Inc. - Owner/ Applicant. Request annexation of 1.77 acres to the City with a Land Use Plan amendment to RU, Residential Urban, and rezoning to MDR, Medium Density Residential District at a portion of Section 19, Township 29 South, Range 16 East, M&B 43/09 and 43/10. ANX 01-03-07 ACTION - RECOMMENDED APPROVAL - 6:0 Item #C3 - 1106 Druid Road South: Stephen B. Chapman - Owner/ Applicant. Request Land Use Plan amendment from R/OG, Residential/Office General & INS, Institutional Plan Category to R/OG, Residential/Office General Category; and Rezoning from 0, Office & I, Institutional Districts to 0, Office & LOR, Low Density Residential District at Portion of Lot 30, Bluff View and a Portion on Lot M, Harbor Oaks. LUZ 00-08-10 ACTION - RECOMMENDED APPROVAL - 6:0 acd050 1 05/15/01 LL Revised 5/8/01 o >- I- u AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, May 15,2001 Time: 1 :00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Commission Chambers) The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLL CALL Chair Figurski Vice-Chair Petersen Gildersleeve Hooper Moran Mazur Plisko Alternate Member - Hibbard City Staff A. REQUESTS FOR CONTINUANCES/RECONSIDERATION: None CDB agenda - May 16, 2001 - Page 1 B. Withdrawn 3. RECONSIDERED ITEMS: 1. Case: FL 01-01-02 - 42 Midway Island Owner/Applicant: Ernest H. McDowell. Location: 0.22 acres located on the west side of Midway Island, approximately 550 feet south of Windward Passage. Zoning: LMDR, Low Medium Density Residential District. Request: Flexible Development approval to reduce the rear setback from 25 feet to 10 feet, as part of a Residential Infill Project. Proposed Use: A 2.5-foot elevated pool with decking. Presenter: W. Ryan Givens, Planner. c. LEVEL 3 APPLICATIONS: 1. Case: ANX 01-03-08 - 1727 Nursery Road Owners: Bennie R. Carter & Emilie J. Carter. Location: 0.18 acres located on the south side of Nursery Road, approximately 50 feet north of North Winfield Road and 60 feet west of Dexter Drive. Request: (a) Annexation of 0.18 acres to the City of Clearwater; (b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential Low Classification (City of Clearwater); and (c) Rezoning from R-3, Residential, Single Family District (County) to LMDR, Low Medium Density Residential District (Clearwater). Presenter: Lochen Wood, Planner. 2. Case: ANX 01-03-07 - 2492 Belleair Road Owner/Applicant: Belleair Townhouse Partners, Inc. Location: 1.77 acres located on the north side of Belleair Road, approximately 240 feet east of South Haven Drive and 900 feet south of Nursery Road. Request: (a) Annexation of 1. 77 acres to the City of Clearwater; (b) Land Use Plan amendment from RU, Residential Urban (County) to RU, Residential Urban Classification (City of Clearwater); and (c) Rezoning from R-R, Rural Residential District (County) to MDR, Medium Density Residential District (Clearwater). Presenter: Lochen Wood, Planner. Case: LUZ 00-08-10 - 1106 Druid Road South Owner/Applicant: Stephen B. Chapman. Location: 1.86 acres located on the northwest comer of Jeffords Street and Druid Street South. Request: (a) Land Use Plan amendment from R/OG, Residential/Office General & INS, Institutional Plan Category to R/OG, Residential/Office General Category; and (b) Rezoning from 0, Office & I, Institutional Districts to 0, Office & LDR, Low Density Residential District. Presenter: Lochen Wood, Planner. CDB agenda - May 15,2001 - Page 2 D. LEVEL 2 APPLICATIONS: 1. Case: FL 01-03-15 - 47/49 Baymont Street Owner/Applicant: Michael Preston. Location: 0.14 acres located on the southwest comer of Baymont Street and Poinsettia Avenue. Zoning: T, Tourist District. Request: Flexible Development approval to reduce the front (east) setback along Poinsettia Avenue from 15 feet to two feet; reduce the side (south) setback from 10 feet to 1.33 feet, and reduce the required number of parking spaces from five spaces to zero spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program Proposed Use: A 259 square foot storage room expansion to an existing retail estab lishment. Presenter: W. Ryan Givens, Planner. 2. Case: FL 01-03-16 -703 Franklin Street Owner: Ewart Holdings, Inc. Applicant: CHW dba Club More. Location: 0.432 acres located on the north side of Franklin Street, approximately 100 feet west of Myrtle Avenue. Zoning: D, Downtown District Request: Flexible Development approval to permit indoor entertainment as an accessory use to an existing nightclub (Club More). Proposed Use: Indoor entertainment and recreation use (boxing). Presenter: W. Ryan Givens, Planner. E. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: April 17, 2001 F. DIRECTOR'S ITEMS: Amendments to the CDB Rules and Procedures Downtown Clearwater: Our Downtown presentation G. ADJOURNMENT I IMS2\PDSIPlanning DepartmentlC D B\agendas DRC & CDBICDBI2001 105 MaylCDB agenda 5-15-2001 doc CDB agenda - May 15, 2001 - Page 3 . . CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, May 15, 2001, beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the following requests: 1. (Reconsidered item from 3/20/01) Ernest H. McDowell is requesting a flexible development approval to reduce the rear setback from 25 ft to 10 ft, as part of a Residential Infill Project (Proposed Use: a 2.5 ft elevated pool with decking) at 42 Midwav Islands, Island Estates of Clearwater Unit 3, Lot 8. FL 01-01-02 2. Michael G. Preston. TRE is requesting a flexible development approval to reduce the front (east) setback along Poinsettia Avenue from 15 ft to 2 ft; reduce the side (south) setback from 10 ft to 1.33 ft, and reduce the required number of parking spaces from 5 spaces to zero spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program (Proposed Use: a 259 sq ft storage room expansion to an existing retail establishment) at 47/49 Bavmont St., Clearwater Beach Park 1st Add Replat, Blk A, Lot 1 and 1/2 of vac. alley on W. FL 01-03-15 3. Ewart Holdines. Inc. are requesting a flexible development approval to permit indoor entertainment as an accessory use to an existing nightclub (Club More) (Proposed Use: indoor entertainment and recreation use [boxing]) at 703 Franklin St., Magnolia Park, Blk 11, part of Lots 2,3,8 and 9. FL 01-03-16 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567. Lisa Fierce Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 04/28/01 e -- ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER April 17, 2001 Meeting called to order at 1 :00 p.m. at City Hall ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION Item #A 1 - 42 Midwav Island: Ernest H. McDowell - Owner/Applicant. Request flexible development approval to reduce rear setback from 25 feet to 10 feet as part of Residential Infill Project at Island Estates of Clearwater Unit 3, Lot 8. FL 01-01-02 ACTION - APPROVED RECONSIDERATION OF 03/20/01 DENIAL - 6:0 - Hearing scheduled for May 15, 2001 ITEM B - CONTINUED ITEMS Item #B1 - (Cont' d from 03/20/01) - 2301 Campbell Road: Paul A. Younq, Carolyn L. Younq & Judith N. Coachman/City of Clearwater - Owner/ Applicant. Request annexation of 3.65 acres to the City of Clearwater and a Land Use Plan amendment to RE, Residential Estate Classification, and rezoning to LOR, Low Density Residential District at M & Bs 34/01 and 34/011 in Section 6, Township 29 South, Range 16 East. ANX 00-09-16 ACTION - RECOMMENDED APPROVAL - 6:0 acd040 1 1 04/17/01 e e ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER March 20, 2001 Meeting called to order at 1 :00 p.m. at City Hall ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION Item #D5 - 2301 Campbell Road: Paul A. Younq, Carolyn L. Younq & Judith N. Coachman/City of Clearwater - Owner/Applicant. Request annexation of 3.65 acres to the City of Clearwater and a Land Use Plan amendment to RE, Residential Estate Classification, and rezoning to LDR, Low Density Residential District at M&Bs 34/01 and 34/011 in Section 6, Township 29 South, Range 16 East. ANX 00-09-16 ACTION - CONTINUED TO APRIL 17, 2001 - 6:0 ITEM B - CONTINUED ITEMS Item #B1 - (Cont'd from 12/12/00) 3006 Gult-to-Bay Boulevard: Thanh Phuoc & Kimtruc Thi Nguyen - Owner/ Applicant. Request flexible development approval of a nightclub within the Commercial District, with a reduction in required number of parking spaces from 20 spaces to 18 spaces, as a Comprehensive Intill Redevelopment Project with Comprehensive Landscape Program at Bay View City Sub, Blk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right-of-way on S. FL 00-08-33 ACTION - DENIED - 6:0 ITEM C - LEVEL TWO APPLICATIONS Item #C1 - 42 Midway Island: Ernest H. McDowell - Owner/Applicant. Request flexible development approval to reduce rear setback from 25 feet to 10 feet as part of Residential Infill Project at Island Estates of Clearwater Unit 3, Lot 8. FL 01-01-02 ACTION - MOTION TO APPROVE FAILED - 2:4 acd030 1 1 03/20/01 e e CITY OF CLEARW A TER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, March 20,2001, beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the following requests: 1. (cont. from 02/20/01) Thanh Phuoc & Kimtruc Thi N2Uyen are requesting a flexible development approval of a nightclub within the Commercial District, with a redeuction in the required number of parking spaces from 20 spaces to 18 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at 3006 Gulf-to-Bay Blvd., Bay View City Sub, Blk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right-of-way on S. FL 00-08-33 2. Ernest H. McDowell is requesting a flexible development approval to reduce the rear setback from 25 ft to 5 ft, as part of a Residential Infill Project at 42 Midway Islands, Island Estates of Clearwater Unit 3, Lot 8. FL 01-01-02 3. Luverne M. Loken, TRE (United Bank and Trust Company) are requesting a flexible development approval to reduce the front (south) setback along Sharkey Rd. from 25 ft to 5 ft, reduce the front (west) setback along Belcher Rd. from 25 ft to 15 ft, reduce the front (north) setback along Northeast Coachman Rd. from 25 ft to 15 ft, permit parking within the Institutional District and to increase the area of a retail sales and service use from 10% (1,433 sq ft) to 18 % (2,500 sq ft) in the Office District, as part of a Comprehensive Infill Redevelopment Project at 601 N. Belcher Rd., Sec. 07-29-16, M&B 32.031. FL 01-01-04 4. Clearwater Retail Group are requesting an amendment to a previouslly approved Certified Site Plan (Sunshine Mall) that authorizes a change of use for undeveloped parcels (from commercial to multi-family) totalling 155 unit apartment complex and 15,602 sq ft of existing commercial use at 1100 S. Missouri Ave., Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B's 21.12 & 21.13. FL 01-01-05 5. Davton Andrews, Inc. are requesting a flexible development approval to permit vehicle sales and display in the Commercial District with the following requests as part of a Comprehensive Infill Redevelopment Project: 1) To reduce the lot area from 40,000 sq ft to 32,929 sq ft; 2) To reduce the lot width from 200 ft to 100 ft; 3) To permit vehicle display within the required front setbacks along Gulf to Bay Blvd. and Fernwood Ave. (Flexible Standard Development criteria - Section 2-704 T3); 4) To permit vehicle sales and display on a lot contiguous to property designated as residential in the zoning atlas; 5) To permit vehicle sales and display on a lot with less than 7,000 sq ft of enclosed building (Flexible Standard Development criteria - Section 2-703 Tl); 6) To permit vehicle sales and display outside of an enclosed building (Flexible Development criteria - Section 2.704 R3); 7) To reduce in required parking spaces from 77 spaces (2.5 spaces/IOOO sq ft of land area) to 4 spaces; 8) To permit a reduction in landscape buffer from 15 ft to 7.5 ft on Gulf to Bay Blvd; and 9) To permit a reduction in landscape buffer from 15 ft to zero ft on Fernwood Ave. at 2394 Gulf to Bay Blvd., Sec. 18-29-16, M&B 24.07. FL 01-01-03 6. Bav View Hotel, Inc. (Fred & Vivian Whalen) are requesting a flexible development approval to permit direct access onto an arterial road (Edgewater Dr.) with a reduction in front setback along Edgewater Dr. from 25 ft to 10 ft, and reduction in north and east side setbacks from 10 ft to 5 ft, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at 1919 Ed2ewater Dr., Sunset Point and Replat, Lot 2 & 3 less Rd & Blk A, part of Lot 5. FL 00-12-63 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. e e All individuals speaking on public hearing items will be sworn in. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567. Lisa Fierce Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN TillS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEm REQUEST AT (727) 562-4090. Ad: 03/03/01 2:45 p.m. Case: FLS 01-01-04.03 Franklin Street tit Owner/Applicant: D. Edward Henderson Location: 0.42 acres located on the south side of Franklin Street, adjacent to East Avenue. Atlas Page: 286B Zoning D, Downtown District. Request: Flexible Standard Development approval to add restaurant use to existing nightclub (Club More). Proposed Use: Adding restaurant use as an accessory to the existing nightclub. Presenter: John Schodtler, Development Review Specialist. The DRC reviewed this application with the following comments: 1) enclose dumpster along alley 2) no additional hours of operation (no breakfast or lunch service) - need to apply for flex standard approval 3) need backflow preventer device 3:00 p.m. Case: FL 01-01-02 - 42 Midway Island Owner/Applicant: Dr. Ernest McDowell. Location: 0.22 acres located on the west side of Midway Island, approximately 550 feet south of Windward Passage. Atlas Page: 268A. Zoning: LMDR, Low Medium Density Residential District. Request: Flexible Development approval to reduce the rear setback from 25 feet to five feet as part of a Residential Infill Redevelopment Project front yard setback for retaining wall and steps Proposed Use: A new pool with decking. Presenter: W. Ryan Givens, Planner. The DRC reviewed this application with the following comments: 1) Pool deck is 3-feet above grade - need to see elevation; 2) Need plan that show adjacent properties with buildings with all view triangles; 3) Clarify portion of area along the west property line 4) Need better answers to infill criteria 5) Need 4-foot sidewalk along midway island 6) Correct street name in title block 7) 18 foot setback to seawall unless reengineer tie backs or seek relief through board of building appeals; 8) 15 sets of revised site plans including signed/sealed surveys are required by February 20,2001 in order to be scheduled for review by the CDB at its March 20,2001 meeting. DRC action agenda - 02/15/01 - Page 4 - . LL o I- u FAX MESSAGE City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4567 FAX (727) 562-4576 TO: ---r ~ M r (' e...-S~ l'r'O-t\ - ~ rUS ~ J- A-s 5 0 C- . . FAX: Co\.:,9 - Y 1\'1 FROM: ~ \-\-. \ DATE: 5/~1 0 I 5b 1- -liS ~ L- MESSAGE: :s c.. €. -\ ~~ r ~ ~ \) ^ SQJ\ +- '"'t\) ~ .cot... ~ f"'or'.f""r\..J';', ~ v €-V e. ( 0 f "^'^-l- lOa 'V(.Q r~ c:....n9 ~ J :::r=-~ \.~ L~+----~ O\lQf\~ -p~ ~~ <:-A . Q.e..'. Y?-- fY\\<9v.)~ ~~ Number of Pages (Including This Page): \ V, 1 ANSMISSION VERIFICATION REPORT TIME 05/14/2001 11:12 NAME PLAN FAX 7275624576 TEL 7275624567 DATE,TIME FAX NO./NAME DURA TI ON PAGE(S) RESULT MODE 05/14 11: 02 96698114 00:09:55 16 OK STANDARD e e LL o >- f- u FAX MESSAGE TO: \'0 [) ~ City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4567 FAX (727) 562-4576 \J~s~ I ~~~rv-&r\ ~ ~SDC . . FAX: lolo~ - ?\ \ L\ FROM: ~~ t-\.Qr~l~or DATE: '5 )~b , 5<0 2. -'-{ ~ ~ L.. MESSAGE: -s e. ~ C-:s:> e:> ~ ef'\&~o.... ~ ~ l0J a , ""~~ ac.-,,~ S~ R-,. pc,,\- -&.,r y.~ ("""f"\, w~::r:~ \~L9-. Number of Pages (Including This Page): l~ ~ . ~ANSMISSION VERIFICATION REPORT TIME 05/08/2001 15:33 NAME PLAN FAX 7275524575 TEL 7275524557 DATE, TIME FAX NO./NAME DURA TI ON PAGE(S) RESULT MODE 05/08 15:25 95598114 00:07:42 12 OK STANDARD It e Harriger, Sandy to. From: Sent: To: Subject: Fierce, Lisa Friday, April 13, 2001 9:48 AM Harriger, Sandy FW: 42 Midway Island variance Request please make copies for cdb meeting; also, we need copies for the applicant of all correspondence we receive from the neighbors -----Original Message----- From: Givens, Ryan Sent: Thursday, April 12, 2001 1:58 PM To: Fierce, Lisa Subject: FW: 42 Midway Island variance Request FYI -----Original Message----- From: Molino, Dan [mailto:Dan.Molino@tropicana.com] Sent: Thursday, April 12, 2001 1:53 PM To: 'dgildersleeve@wadetrim.com'; 'emazur@fldesign.com'; 'fig@figurskiharrill.com'; 'apncgator@aol.com'; 'cpeter2582@aol.com' Cc: 'citycomm@clearwater-fl.com'; Bill Horne (E-mail); 'rstone@clearwater-fl.com'; 'rgivens@clearwater-fl.com' Subject: 42 Midway Island variance Request Community Development Board City of Clearwater To the members of the Community Development Board: As a former President of the Island Estates Civic Association, I am writing to protest the request for a variance from the City Code at 42 Midway Island. The homeowners on Island Estates have paid a considerable premium for waterfront property and feel strongly that the existing City Code should be uniformly enforced. We believe that once variances begin to be granted, each new request will be premised on the previous variances granted, and a very harmful precedent will be set. Ultimately, the beautiful integrity of our neighborhood will be destroyed, as will our property values. When the new City Code was being written a couple of years ago, the residents of Island Estates worked very hard with the Planning department to assure that the code would include 25' setbacks in both the front and rear of the homes. Waterfront property truly has two front yards, that facing the street and that facing the water. The city agreed and the set back requirements were included in the new code. Island Estates is presently in the process of requesting the City to create a Neighborhood Conservation Overlay District. We have achieved a vote of over 60% of the property owners favoring this request. Part of the restrictions we discussed with the homeowners is to duplicate the property setbacks in the city code in the proposed Neighborhood Conservation Overlay District. Therefore, over 60% of the property owners in Island Estates have indicated that they wish the present code to be maintained. The Island Estates residents ask that you deny this request for variance. Thank You 1 Dan A. Molino 318 Windward Island It . . 2 . Phylis Boksen,President Island Estates Civic Association 690 Island Way Apt. 810 Clearwater, Florida 33767 April 11, 2001 Community Development Board City of Clearwater PO Box 4748 Clearwater, FL 33758-4748 To the members of the Community Development Board: As President of the Island Estates Civic Association, I am writing to protest the request for a variance from the City Code at 42 Midway Island. The board of directors of the association has asked me to convey to you their opposition. While we are happy about the development occurring on Island Estates, we are very concerned that any new construction adheres to our standards. We DO NOT WANT to allow above ground pools. Where does it end? Two and a half feet today, three, four, six feet or more tomorrow!!! The homeowners on Island Estates have paid a considerable premium for waterfront property and feel strongly that the existing City Code should be uniformly enforced. We believe that once variances begin to be granted, each new request will be premised on the previous variances granted, and a very harmful precedent will begin. Ultimately, the integrity of our neighborhood will be destroyed, as will our property values. We are anxiously awaiting the city commission moving on to the next stage ofa Neighborhood Overlay District for Island Estates! Sixty percent of the property owners have signed a petition indicating that they support the effort. One of the primary issues is property setbacks in the city code in the new conservation district. Therefore, over 60% of the property owners in Island Estates have indicated that they wish the present code to be maintained. Weare a deed-restricted community and feel strongly that the city should support our efforts to maintain minimum standards. It was my understanding that the commission supported our efforts and we were greatly relieved. Why then is there another hearing on the same issue that has already been heard and ruled on? Sincerely, Phylis Boksen President, IECA ElL.E rt D{-{) r~DZ uWft':' bv.M 10 COB +- dl/1! or 0- (vYI~ - FILE III' '- 0 1 -0 I .- 0 I Ms. Deborah Dahlvik 736 Island Way #905 Clearwater, FL 33767 .-'''; 11O)[(C~~~~ rF "r'-"'" Ii, I; i I \ i APR I 3 r,' 'I I ; ! ' . L.;. I April 12,2001 PLANNING & Ct::VFL(\"c ,'H SERVICES CITY OF CLEN' / ,~r:: Community Development Board City of Clearwater PO Box 4748 Clearwater, FL 33758-4748 RE: Variance re-hearing for 42 Midway To the members ofthe Community Development Board: I am a relatively new resident of Island Estates although I am a lifelong resident of Clearwater. My concern is the relative disregard there appears to be by the Development Board for existing City Code. I recently read an article in the St. Petersburg Times regarding a northern town (in New Hampshire ifmemory serves correctly) that has put a moratorium on massive home structures. They feel the integrity of their town is being destroyed by homes so large they not only dwarf the lot they are built on but also all surrounding structures. I strongly feel we will be seeing the same thing on Island Estates unless City Code is strictly followed. I moved to this Island for several reasons but one of the strongest was the firm commitment by homeowners to maintain the beauty and elegance found on the Island. When the original variance request for Midway was denied we all felt the integrity of our Island was being preserved. The homeowners on Island Estates have paid a considerable premium for waterfront property and feel strongly that the existing City Code should be uniformly enforced. We believe that once variances begin to be granted, each new request will be premised on the previous variances granted, and a very harmful precedent will begin. This is one reason we are working to create an NCOD for Island Estates. Please stop this trend toward massive over-building, adhere to existing City Code and once again deny this request. Thank you for your attention, %~~ ~-c~ Gof? N'j- tf 1/7/D I V11t(' . . e e I;;:"L 01 -of - ~I Mr. and Mrs. James B. Watt 4LL Windward Pal/sage Clearwater!J~Tlorida 33767 ~/l.S April 9, 2001 Community Development Board City of Clearwater PO Box 4748 Clearwater, FL 33758-4748 To the members of the Community Development Board: As a homeowner residing within 500 feet of the property at 42 Midway Island, and as a former President of the Island Estates Civic Association, I am writing to protest the request for a variance from the City Code at 42 Midway Island. The homeowners on Island Estates have paid a considerable premium for waterfi'ont property and feel strongly that the existing City Code should be uniformly enforced. We believe that once variances begin to be granted, each new request will be premised on the previous variances granted, and a very harmful precedent will begin Ultimately, the beautiful ietegrity of our neighborhood will be destroyed, as will our property values. When the new City Code was being written a couple of years ago, the residents ofIsland Estates worked very hard with the Planning department to assure that the code would include 25' setbacks in both the front and rear of the homes. Waterfront property truly has two front yards, that facing the street and that facing the water. The city agreed and this was put in the new code. We met with Mr. Givens and Mr. Stone and voiced our objections to this request. However, the Planning department is recommending you approve this variance over the strong objections of the residents affected by this valiance. We strongly disagree with the recommendations of the Planning Department and ask that you deny this variance and maintain the present City Code restrictions. du+(l~ fo -&-t 4/0/01 cof:; fY1ij ">'\ " PLANt\i!NG [, . ~.C)P' 8[1=;,' __~) C!TY Ci, _n_.____.......-' . . - e . , Island Estates is presently in the process of creating il Neighborhood Conservation District under the city code. We have achieved a vOlt, of 60v/o of the property owners. Part of the resttictions we discussed with the homeOVtlllers is to duplicate the property setbacks in the city code in the new conservation disttict. Therefore, over 60% of the property owners in Island Estates have indicated that they wish the present code to be maintained. This will be addressed after the City Council acts on our request for a Conservation Disttict, presently scheduled for mid-April. During the time the neighborhood is evaluating what should be in the Conservation District regulations certainly is not the time to grant variances to existing City Codes. Wr;; ask that you deny this request for variance becaus~~ of the strong objections of the . -. . d propel ()' u,.\iners aIteclC . Sincerely, 413 ~df ~.B. Watt , \-G;-f ~ f;,'~~ fill ~~~ ''-'-1 ~ ii(? - 3_ Ti):, . C-!:',,^...,~ [1.".v~ ~l J ~"_., 1 fl~. ~~ I-v a.Cf ,;,# .'&2---"ion ~(C[~]W~ ~~' '~~ Francine 8riskman E I' I 66 Midway Island MAR 2 0', H I!l ~ ~I ClearwatcL Florida '33767 ~ March /7, 200 I FILE PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER To: City of Clealwater Community Oevelopment Roard With Regard to request lOr variance regarding Mr. Emest McDowell at 42 Midway Islanu, Island E6tates, Unit 3, LVl 8 I am opposed to this request for variance. · I strongly urge the city to maintain the codes, which includes setback standards. If we do not adhere to them I must ask, "Why do they exist at all"? · There is absolutely no hardship in this l:ase because the house was leveled and the owner has a perfectly clean lot to work with which therehy allows setbacks to be maintained. · Mr. Ryan Givens stated during a meeting with Mr. James Watt and myself a discrepancy and rather perplexing paradox with regards to the City rules. He qualified eiving a v~lri3nce in this case with lhe stipulation that a birul:age around the pool not be allowed. This is a total contradiction to the city's dilemma ofpos!;ibly enfclrdng a requirement to fence or birdcage pools for safety reasons. This brings me to the next point : · With regard to site lines On waterfront property: an arbitrary setback of:; feet or 10 feet on waterrront h:ltkyard property will ultimately lead to view obstruclivllS fill' all neighbors. Fences and birdcages and raised pools will become an ongoing VIEW OUSTRUCTION prohlem on Island Estates as the Islands continue to redevelop. · We worked very diligently, Mr. Stebbins, Mr. Watt, and myself with Ralph Stone and Mr. Charlie Sieman with regard to maintaining our Code and deed standards fI.)r Island Estates with the understanding that ollr neighborhood would be going through redevelopment. We encourage that redevelopment but \.vith uniform standards in place. I object to tile l,;unct1Jt of having a hodge-podge decision making standard for our Islands. The property is highly valuable and deserves a tinn standard of development. · Please enforce our codes and desire to maintain ::l non-encroachment !.1sndan.l on Our site lines. A \vaterrront view and Golf Course view are precisely what people are highly assessed for. Let that not be destroyed by a lack oCplllnning and Vision on the plllt of the City Stan-: · Questions of engineering for tiebacks or seawalls need be considered! · Questions of dctennining an acceptable amount or draini!blc land should b~ addres~~d. · I have lived next door to two homes that had their sea walls down for 9 months because of drainage problems. lhc Seawall companies could not get to do these properties tor that amUUIll of time because of excess demand tor their services. As a result silt crept into the canal and put into jeopardy adjacent propenies. 1 . d 00L~-2~~ fE18l ~1:HJ)tS I ~8' -'30(, ... -- e · Seawalls and setbacks are critical for Island [states and need to be dealt with a Sense of urgency and with carefld regard to impact upon neighboring properties. · Currently the city is adopting an approach that more is better because it wants so dc!=.veT3tcly to incrcaSI: its tax base. l.el it not become careless and mindless of its own rules please. · l>reviOllsly when requesting a variance- that is an exceptional to in pl~('c rules, the applicant would have to demonstrate hardship. There is none here. If that standard has been relaxed J suggest the city rethink its 0\.Vl1 philosophy. There are either well thought Ollt code~ or we might ju~ pitch our new million-dollar codebook! AS past president ofthc Island Estates Civic Association and past president oflhe Coalition of HOmeO\.Vller'S Associalions, I can assure the Board that I am well schooled in the needs of Homeowners. J look at the whole picture and respectfully hope the city will maintain STANDARDS along with II vision for 3 be:l.utiful Clearwater. Please deny this request for variance. ~cs ectful.ly,.d' . ..' ~/qv.JJ~ rancine Bnskman 2-d 00Lv-2td, fEIB) IoJl::lW>tSI~8 ,30(, C I T Y 0 F CLEARWATER ,.. PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES March 27, 2001 Dr. Ernest McDowell 42 Midway Island Clearwater, FL 33756 RE: Development Order regarding case FL 01-01-02 at 42 Midway Island Dear Dr. McDowell: ~ On March 20, 2001, the Community Development Board (CDB) reviewed your Flexible Development application to construct a 2.5-foot raised pool deck, with a reduction in the rear setback from 25 feet to 10 feet, as a Residential Infill Project. A motion to approve the application resulted in a vote of two to four. Because all actions by the Community Development Board require four affirmative votes, the application was rendered denied. Please note that any appeal to a Hearing Officer must be filed within 14 days of the decision per Section 4-502 B (as attached). A fee of $500 must accompany any appeal filed. If you have any questions, please do not hesitate to call Lisa L. Fierce, Development Review Manager, 727-562-4561 Sincerely yours, . ~ut4!~ Gerald Figurski Chairperson - Community Development Board Cc: Todd Pressman .. Attachment as noted S:\Planning Departmenf\C D BlFLEJNnnactive or Finished Applications\Midway Island 42 McDowell - Denied\Midway Island 42 DEVELOPMENT ORDER. doc BRIAN J. AUNGST, MAYOR-COMMISSIONER J .B. JOHNSON, VICE MAYOR-COMMISSIONER ED HART, COMMISSIONER * BOB CLARK, COMMISSIONER F. DAVID HE~1ER1CK, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Mr. and Mrs. James B. WaU 4Il Windward Passage Clearwater, .liYorida 88?'6?' May 14, 2001 Community Development Board City of Clearwater Clearwater, FL 33758 To the members of the Community Development Board At the April 17 meeting of the Community Development Board a favorable vote was cast to reconsider the vote of March 20, 2001 which denied the request of Ernest H. McDowell to reduce the rear setback at 42 Midway Island from 25 feet to 10 feet. This vote for reconsideration was based upon allegations that fraudulent and misleading testimony was given at the March 20th meeting of the Board. The rules of the Board prevented Mr. Stebbins and I, the people who were alleged to have given the fraudulent or misleading testimony, from responding at that meeting, prior to the vote by the Board to reconsider the variance request. In our testimony on March 20th we stated that the Island Estates Civic Association has been engaged in a project to establish a Neighborhood Conservation Overlay District under the provisions of the City Code of Clearwater. As part of that effort we stated that over 60 % of the property owners on Island Estates had signed petitions to the City to begin the process of establishing the Conservation District. Sample provisions, which may be included in the Overlay District, were developed with close consultation with the City Planning Department who have been most helpful to this effort. These sample provisions have been widely circulated to property owners of Island Estates. One of these provisions states" Rear setbacks shall be 20ft. or 25ft. consistent with contiguous property". We concluded that, "in effect, over 60% of property owners on Island Estates have indicated their support for maintaining our present rear property setbacks". It was asserted at the April 17, 2001 meeting of the Community Development Board that this was fraudulent and misleading testimony because property owners simply signed petitions which asked the City to initiate the process to establish the Conservation District, and did not specifically sign a petition indicating support for maintenance of the present rear setbacks on Island Estates. The City Planning Staff for our use developed the wording of the petition form. Because all of the sample provisions are simply a starting point for the District approval process, it was determined that they should not be included on the petition m',' '~.;_.~' '~1""'_,_' --,,'. " ,i " ,1 j.-;: ,'I \1'1 t-' t I ~. ! I: , v . ~~ Ii J lr...'-.."'"""';....;,::'..J '0:.;. l..b r I ~"" ~ ~'; f\ '~.' 'U Uj MAY f 5 2001 PlAN In the process of collecting the necessary petition signatures, the sample provisions were a part of the packet, were discussed at three Association membership meetings, and widely distributed to property owners. They were included in the Association's May, 2000 newsletter distributed to all Island Estates Residents. Therefore, to assert that residents of Island Estates didn't know the sample provisions when they signed their petitions is simply not factual. Residents of our community are well educated and professionally successful. Island Estates residents do not sign petitions or other documents without understanding their contents. This fact is further documented by the fact that of all the people in our community asked to indicate their support, 8 % indicated they did not support one or more of the provisions and declined to sign the petition. The strength of the support on Island Estates is attested by the fact that of all asked to sign the petition, 92 % indicated their agreement, a remarkable success rate in these times. The attached chronology and exhibits detail the extensive education and information effort undertaken by the Civic Association to assure that every property owner had the opportunity to express themselves on the proposed Neighborhood Conservation Overlay District. The vote to support the effort was overwhelming. The sample provisions to be the basis of the effort were widely circulated and discussed in the community. On April 17 it was asserted that fraudulent and misleading testimony was given because the residents signed a generic petition form developed by the City. The petitioners for this variance did not disclose to the Community Development Board the full and complete information and education program that lead to the signing of these petitions. Only selective information was presented to you, and relevant information, which was freely available in the community, was withheld from the Community Development Board. Island Estates residents are intelligent, aware and involved citizens of our Clearwater. They have indicated their overwhelming support for maintenance of the present rear setbacks in our City Code. I respectfully ask the Community Development Board to rescind their finding that fraudulent or misleading testimony was given and to honor the will of the residents of Island Estates by declining this request for variance. Thank you for this opportunity to present my views. 2~~'Y~~Attt / ~ rHvalv6 ~ CHRONOLOGY OF PROPERTY OWNER COMMUNICATIONS NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT ISLAND ESTATES CIVIC ASSOCIATION Prepared for the City of Clearwater Community Development Board Meeting, May 15,2001 The Island Estates Civic Association has made a conscious attempt to assure that all property owners in our community are accurately informed of the reasons for and development of a Neighborhood Conservation Overlay District. Working closely with the City of Clearwater Planning Department staff, the Association has held a number of public meetings, and sent several informational mailings to property owners over the last 20 months. Following is the chronology of this effort, cross referenced to the attached exhibits of these mailings. November. 1999 - Annual membership meeting of the Civic Association - major agenda item was the Overlay District, substantial discussion and distribution of the committee's initial items (later revised based on input received at the meeting) for inclusion in the Overlay District. February 2000 - Brochure (Exhibit A) mailed to all property owners on Island Estates with Petition Form developed in conjunction with the City's Planning Staff March 18. 2000 - Mailing (Exhibit B) to all property owners in Island Estates discussing the process of development of Overlay District and inclusion of the Petition Form developed in conjunction with the City's Planning Staff April 2000 - General Membership meeting of Civic Association where Overlay District was again fully discussed and changes to the items to be included in the Overlay District made based on input received at this meeting. April 2000 - Second mailing (Exhibit B) to property owners of 3/18/2000 mailing and hand canvassing of property owners who had not responded to the earlier mailings. Mav 2000 - Island Estates Civic Association Newsletter (Exhibit C) distributed to all residents of Island Estates. This newsletter included an update and full listing of all preliminary items to be included in the Overlay District. June. 2000 - Personal canvassing of property owners who had not responded with packet (Exhibit D) including full listing of all preliminary items to be included in the Overlay District. November 2000 - Over 60% of property owners sign the petition to initiate the process of a Neighborhood Overlay Conservation District as required by the City of Clearwater. Of all approached, 92 % indicated agreement with the proposal, 8% indicated their disagreement with the proposed Overlay District. Petitions sent to the City as required for City Council action. ','e;"" ..,'. 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O!l ~ '1 .... ~ l"f'o. ...,.:. 9" "rj g~;rn uo' 0 ('1l & ::rQQ(l! 0"00'::3 Q ..,.~ . ~ g .- _. 0.. d ~-::tTJ CT ... m Q g- dG: :::-1= ~ .... $. g. ~ :lfll':::tl (JQ~~ .....~ n O=>-l tI> e.o 5 ~ z (!:. Vl ~Sn o = ::u g:. :=-.$ !!l @ Q. o~ ~ l:r' 1""'1 "" '1 PI,. 5. ~." t"t- .... ~O!l PI n o l:$ Q!I ~ ~ r- l"f'o. .... o = o ~ ('0 lot - &:II ~ ~~~ 6~ (Ij ;- l:l 0 ~ rg ~ ~ ~ t ~ llt ~ ~ :;: :: l:r' o ~{'O l:S (i'j >- O~~ -!l PI .... ('0 ~ .. lot {'O P - O!l ~ ~ t'r PI ~ ~ e Il!l c a 9 :1" 0 (1e:l Vl .... ;t March 18, 2000 13 D~a.r ..N~igbbor: We must all work together to ensure that the quality of life on Island Estates constantly improves regardless of future changes to the City codes. As a deed restricted community, the law allows us to form (at no cost) our own Neighborhood Conservation Overlay District (NCOD). The NCOD will allow us to propose specific regulations intended to preserve the character of our area. Island Estates was developed in phases by different developers. There are over ten varying deed restrictions within our community. Your Civic Association does not have any power to enforce compliance with deed restrictions. As deed restriction violations continue to increase and go unresolved, the benefits of buying and living In a deed restricted community are lost. To form our own NCOD, sixty percent (60%) of Island Estates' property owners must approve the enclosed petition. Please note: This petition is not for specific approval of any deed restrictions; this is only to initiate the process. A minimum of four public meetings will be held where residents will vote on proposed deed restrictions. Kindly refer to the enclosed brochure for additional information and specifics. Wh' MUST lfA VB YOUR APPROVAL 10 BEGIN 111I! PROCb:~ Please return the enclosed petition prior to April 10, 2000 to be eligible to win gifts from area businesses. A drawing will be held and winners will be selected on April 12. Sincerely, Island Estates Civic Association Board of Directors ISLAND ESTATES CIVIC ASSOCIATION PO Box 3154 Clearwater, FL 33767 'May 2000 PRESIDENTS MESSAGE ...Daft Molino Where has the year gone; can you believe it is already May'llt seems like just last week that this year's Board of Directors met to discuss our year 2000 goals. The goals were set not just to maintain, but to improve the special Quality of Life we share living on Island Estates. Unfortunately, we can't blame the pubHcation delay of this newsletter on the Roundabout (seems like its blamed for everything else). The newsletter was delayed in order to summarize the events and actions of last months Semi Annual meeting. At the meeting. a near unanimous number of the over 300 Island Estates residents VOCiferously requested I demanded that the City not pursue obtaining a "public dock" peffl!it for the proposed Shooters mstaurant. 11Ie restaurant was planned at the site ofthe former Crab House restaurant on Island Way. The City listened and quickly acted at the urging of Commissioner Ed Hart and City Manager Mike Roberto, (both of whom attended our meeting) to cancel the dock permit request Allis/and Estates residents should be proud to know that the City continued on pagfJ 2 INSIDE TH,S IS$UI; Neighborhood Conservation Overlay District 2 Sunset Sam Park 3 Adopt a Cui De Sac 4 Petition Prize Winners 5 Un - Fundralser Contributor& NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT Jim Steenson The Neighbomood ConselVstion Overlay District is proceeding as anticipated, slowly. It has a long procedure to follow. To expedite the process. the Committee initially mailed an informational pamphlet and petition card to the single teSidence properly OWIMIS. This was fo/IotN8d by hand delivering the package to tho Condo and Townhouse HomBOwners Associations. The pamphlets summ81ized the Reasons why the program should be incorporated into our p19Sent Deed Restrictions. This program is not a fBPJacement for the present deed restrictions. This is an addition to and includes soma of our prBSent Deed Restrictions. The proposed additions are summarized inside this newsletter. The additions will not effect nor restrict our Quality of Ufe on Island Estates. They will preclude neighbor suing neighbor. but as important. the NCOD will protect us from future City Code changes. The City of Clearwater is presently making revisions to the recently enacted land development code. Refer to the St Petersburg Times ClesTWBwr Section in the article "Condo rental restrictIOns gain ground- of Match 22. Note. some of the proposed changes contemplated which will affeCt our area. The NeOn will stop these proposed changes in our neighborhood. Remember a vote for the Neighborhood ConselVation Overlay Disttict is a vote only to In",ate the ptoOOss. The final additions shall be cl8termined by YOU after several public meetings. A tot more work Is needed before we altain our gOals. PRESIDeNT'. ME8SAG. (CONTlNUEOFROM PAGE 1) Commissioners and City Manager Mike Roberto (one of our strongest 8upport8fS)not only n.ten, but most importantly, act on our concerns. At the JanuBfY 2000 monthly meetlng your Board voted to implement the following four goals for this year: 1. Fonn Clearweters first Neighbothood ConsslV8tion OWIrIay Districl (NCODJ 2. Begin Phase" of the Entranoewsy Landscape 3. Improve pedestrian safety at our intersections 4. Dedicate the SUnset Sam Park on Windward Passage. 1) Pamphlets explaining why your Board favolS establishing the NCOD, including 8 signature caaI for the petition, have been mailed to over 500 property owners. We have received 186 YES votes and 16 NO votes 8S of AfaY~. We need 407 YES votes to Initiate the process with the City. Please mfer to the enclosure for additional information. We need your help. Please return the petitions to the committee members or to PO Box 3154. 2) The Board contracted a tocallandscape company under Bob Shipp's guidance to add new plants and color to our entranceway. Hopefully you are pleased with the results. The future plans are to landscape the entire length of ISland Way. 3) Thanks to Police Chief Sid Klein's 198dership, the focus for improving pedestrian safety started with the Police Department's "high profilo" speed enforcement operation on Island Way. The police handed out 101 citations. One individual was cited at 51mph in a 30 mile zone. Please ensure the safety of pedestrians and bicyclists; observe the posted speed limits. The Polics Dept. has said, "they will be back". 4) After much hard work by present and past Board members (especially Fran Briskman and Charlotte Endler), the new City Park at the west end of Windward Passage witlsoon open. Dedication ceremonies are scheduled for the end of this month. VisitorS reading some of the letters in the loca' newspapers and not familiar with th~ area, would think that we are liVing in a 24 hour ~c Jam, surrounded by secretive politicians, with famlll8, drought and pestUem:e pBlYadlng the aRIa (a woman actually wrote she;s moving to Pinellas Park because of the Roundabout: how totally ludicrous). Nothing is ~rther from the tn.lth. WE HAVE 'T GOOD (not to say It can not be improved). Unlesswe.Q/~g~>~(~'> west coa~t to. non;;,esi([iln'tS; highways with high rise garages on the beach, we will always have tramc problems. We an disagree with some of the business methodology that has been conducted at City Hall. However, can anyone deny the fact that overall Clearwater. and specifically our area, has become mOte dynamic. more attractive to visitors and has Increased our proparty values? Lets keep the pressure on our Commissionom to build the bridge and improve downtown, the 81uff and the Bayfmnt for ALL Clearwater citizens. Almost seven .rears ago before we moved to Island Estates, I asked a tiiend lVSiding here how he/eft the islands on weekends with the traffic problems (yes, wa did have It8ffic problems before the Roundabout). His answer was brief and to the point "why would you want to IlJ8ve?" My sentiments EXACTL Y. I apologize for the editorializing, but it ;s very aggravating when, instead of reading objective news we have to read newspapers that rely on negativity and slam..type roporling to improve their profits. We have a lot.more work to complete this year. We need your help. PI9asejoinOurA$~~c;a~/onto heJ"vS financially, and most importantt~it~~ri~gnew;deas to thetBbie to improve out~e;g"tKj.ft1tXxJ. . 4.~ , . .I. CU.VCI!.<Kl. 1. Parking 011 grassy medians or cuJ de sacs is prohibited at all times. 2. Only grassy/landscaped yards will be pennitted and must be extended from curb to sidewalk' new gravel yards will not be pennitted. ' 3. Vehicles cannot be parked regularly on any part of property except paved driveways. 4. Trailers cannot be stored on property and no boat can be on the front property for more than 20 days. 5. Dmnpsters, trash and recycling containers, newspaper and real estate stands. must be enclosed with opaque fencing and/or landscaping. 6. Houses cannot be rented for a period of less than 3 months. 7. All real eHlate signs inclusive of rental and sales signs cannot exceed 11 x 8 ~ inches. It CONSTRUCTION 1. Any future construction will Dot be pennitted on smaller than platted plots. 2. Out buildings (detached structures) cannot be constructed on single family residential properties. 3. All air conditioning units are required to meet the setbacks and will be raised and shielded aesthetically with vegetation. bushes, fencing etc. 4. No more than one home entrance will be permitted in front fa~e or any property. 5. Rear setbacks shall be 20ft. or 25ft., consistent with contiguous property 6.No new above ground structure can be built within the seawall setbacks. III. FENCES & SEAWALL 1. Side fences shall not exceed 6 feet in height except within 10ft. of a seawall. Side fences within 10ft. of a seawall shall not exceed 4ft. in height. 2. AU tenees along a seawall will be required to be chain link or aluminum square tube in dark green or back color and nut exceed 4 ft. ill heigbt. New picket fences will not be pennitted. 3. All new docks and tie poles win be required to meet a twelve foot setback on either side of the property, except multifamily units and seawall less then 60 ft. in length. 4. No unshielded lights will be permitted on docks or in rear of homes. 5. No additiunal boathouses or roofs over lift/docks will be permitted. 6. All damaged or collapsed seawall must be repaired within 60 days. t~ ~ Civic Association, Inc. P. O. Box 3154 · Clearwater, Florida 33767 .J) Dear Neighbor: Several weeks ago our Civic Association mailed over 575 petition requests to initiate the process to form our own, and Clearwater's first, Neighborhood Conservation Overlay District. As of today we have received 320 YES votes and 34 NO V'otes in response to our request. Sixty (60) per cent of the property owners must approve (378 YES votes) the petition before we can initiate the NCOD process Enclose are two recent St. Petersburg Times articles regarding our neighbors' and the City's efforts to maintain the high standards we are accustomed to in our community. We do not want special interest groups to persuade our elected officials to implement or revise Deed Restrictions which pertain to our unique quality of life on Island Estates. Your YES vote does not signify your approval of all, or any specific Deed Restriction, as outlined in our newsletter (a copy of our proposal is also attached). It allows us the opportunity to INITIATE THE PROCESS. Approval of all or some of the proposed restrictions will only occur after six public meetings are held with the residents of Island Estates. Kindly fill in the requested information on the attached PETITION with your vote to either approve or disapprove the PETION request to establish Island Estates as Clearwater's first Neighborhood Conservation Overlay District. Sincerely, Island Estates Civic Association Board of Directors NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT PROPOSAL . . I. PROPERTY 1. Parking on grassy medians or cuI de sacs is prohibited at all times. 2. Only grassy/landscaped yards will be permitted and must be extended from curb to sidewalk; new gravel yards will not be permitted. 3. Vehicles cannot be parked regularly on any part of property except paved driveways. 4. Trailers cannot be stored on property and no boat can be on the front property for more than 20 days. 5. Dumpsters, trash and recycling containers, newspaper and real estate stands, must be enclosed with opaque fencing and/or landscaping. 6. Houses cannot be rented for a period of less than 3 months. 7. All real estate signs inclusive of rental and sales signs cannot exceed II x 8 Y:z inches. II. CONSTRUCTION 1. Any future construction will not be permitted on smaller than platted plots. 2. Out buildings (detached structures) cannot be constructed on single family residential properties. 3. All air conditioning units are required to meet the setbacks and will be raised and shielded aesthetically with vegetation, bushes, fencing etc. 4. No more than one home entrance will be permitted in front f~ade or any property. 5. Rear setbacks shall be 20ft. or 25ft., consistent with contiguous property 6.No new above ground structure can be built within the seawall setbacks. III. FENCES & SEAWALL 1. Side fences shall not exceed 6 feet in height except within lOft. of a seawall. Side fences within lOft. of a seawall shall not exceed 4ft. in height. 2. All fences along a seawall will be required to be chain link or aluminum square tube in dark green or back color and not exceed 4 ft. in height. New picket fences will not be permitted. 3. All new docks and tie poles will be required to meet a twelve foot setback on either side of the property, except multifamily units and seawall less then 60 ft. in length. 4. No unshielded lights will be permitted on docks or in rear of homes. 5. No additional boathouses will be permitted. Roofs over lift/docks are permitted. 6. All damaged or collapsed seawall must be repaired within 60 days.