FLS2003-12065
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" C I . Planning Departme&J;R
o . 100 South Myrtle Av n
:~ ~='~-456i IGINAL
d~ Fax:727-562-4865
CASE #:
DATE RECEIVED: -~O- 0
RECEIVED BY (staff initials): S
ATLAS PAGE#: Z75A
ZONING DISTRICT: t _ M 1> (l.-
LANO USE CLASSIFICATION: tl.U
SURROUNDING USES OF ADJACENT
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PROPERTI~ 't'" \I. ... ....~ , ~ if,"'''''
NORl1i:...."" ,.", ~. _~ ~ fI "-"_
SOUTH:
WEST:
EAST: =DEe 2 3 2003=
D SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
D SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
D SUBMIT APPLICATION FEE $ :J.()~.~
* NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED
(APPLICATIONS PLUS SITE PLAN SETS)
FLEXffiLE DEVELOPMENT APPLICA11ION)
Residential InOO Project (Revised 11/05/02)
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-PLEASE TYPE OR PRlNT-
A.
APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
George and Diane Spaulding
APPLICANT NAME:
MAILING ADDRESS:
3401 Braeside Place, Clearwater, FL 33759
725-2555
725-2897
PHONE NUMBER:
FAX NUMBER:
PROPERTY OWNER(S): George and Diane Spaulding
(Must include ALl owners)
AGENT NAME:
Robert Pergolizzi, Gulf Coast Consulting
13630 58th Street N., #110, Clearwater, FL
33760
MAILING ADDRESS:
PHONE NUMBER:
524-1818
644-2695
FAX NUMBER:
524-6090
CEll NUMBER~
rpprgn'i~~i@gulfcoastconsulting.c
E-MAIL ADDRESS:
.c..
B.
PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
3401 Braeside Place, Clearwater, FL
33759
STREET ADDRESS:
LEGAL DESCRIPTION:
See Attached Survey
PARCEL NUMBER:
10/29/16/10758/000/0070
PARCEL SIZE:
25,466 s.f. (0.58 acres)
PROPOSED USE(S) AND SIZE(S):
(number of dwelHng units, hotel rooms or square footage of nonresidential use)
(acres, square feet)
Add pool bath & garage accessory structure (1,000 s.f.)
DESCRIPTION OF REQUEST(S): To add accessory structure in rear yard of single-family
(include all requested code deviations; e.g. reduction in required number of parking aces, specific use, e c.
r purpose of pool bath/garage. Structure to be located in "clear view
acate 80 foot clear view zone.
Page 1 of 7 - Rexible Development Residentiallnfill Application - City of Clearwater
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT. OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable
documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
i! SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY
D.
WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
CJ
Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain !!m!. each criteria is achieved" in detail:
1.
The proposed accessory structure will be limited to 1,000 s.f. and
will be located in the rear yard of a large lot (0.58 acres). Size of structure
The proposed development of the land will be in hannony with the scale, bulk, coverage, density and character of adjacent properties in which It
is located.
is minimal as compared to principal structure and lot size.
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
ImpalrthevaJuethereof. Proposed accessory structure will be situated on Lot 7.
Adj acent lots are fully developed. Accessory s.tructure will improve value of
subject property and neighborhood.
3. The proposed development will not adversely affect the health or safety or persons residing or working In the neighborhood of the proposed
use. Proposed accessory structure will only be visible to one neighbor (Lot 6)
who has signed statement supporting the application.
4. The proposed development is designed to minimize traffic congestion.
No additional traffic is generated by a pool bath.
5. The proposed development is consistent with the community character ,of the immediate vicinity of the parcel proposed for development.
The Braeside Place community consists of seven (7) large single-family
homes each. Pool baths are consistent with the community character.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties. "Clear view zone" is presently obscured by existing vegetation
which will block view of accessory structure from Bayshore Boulevard.
There will be no acoustic or olfactory impacts.
Page 2 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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Q Provide complete responses to the seven (7) RESIDENTIAL IN Fill PROJECT CRITERIA - Explain how each criteria is achieved, in detail::
1. The development or redevelopment of the parcel proposed for development Is otherwise impractical without deviations from the Intensity and
development standards.
The only location for the pool bath accessory structure is in the rear yard.
2. The development of the parcel proposed for development as a residential inflll project will not materially reduce the fair market value of
abutting properties, (Include the existing value of the site and the proposed value of the site with the improvements.)
According to Pinellas County Property Appraiser, the just market value of the
property is $712,500. The accessory structure will add value to the property.
3. The uses within the residential infill project are otherwise permitted In the City of Clearwater.
Accessory stroctures are permitted within .this residential district: The
area has LMDR Zoning.
4. The uses or mix of use within the residential Inml project are compatible with adjacent land uses.
The accessory pool bath structure is compatible with the single-family home
on the subject property and other homes in the neighborhood.
5. The development of the parcel proposed for development as a residentiallnfill project will upgrade the immediate vicinity of the parcel
proposed for development .
The pool bath structure w111 upgrade the property. It should
not have a negative impact on the neighborhood.
6. The design of the proposed residential infill project creates a form and function that enhances the community character of the Immediate
vicinity of the parcel proposed for development and the City of Clearwater as a whole.
The architectural design of the accessory structure is of similar form to the
principal structure. It enhances the rear yard of the residence.
7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the
Immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
Flexibility in lot width is not requested. Proposed setback of twelve (12)
feet from south property line (rear) and twenty-five (25) feet from west
property line (side) are not detrimental to the community character.
Page 3 of 7 - Flexible Development Residentiallnflll Application - City of Clearwater
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E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
:m SIGNED AND SEALED SURVEY (including legal descrip~n of property) - One original and 12 copies;
& TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and Indicating trees to be removed);
:m LOCATION MAP OF THE PROPERTY;
CJ PARKING DEMAND STUDY in oonjunction with a request to make deviations to the partdng standards (Ie. Reduce number of spaces). Prior to the
submittal of this application, the methodology of such study shaft be approved by the Community Development Coordinator and shall be in
accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the
partdng standards are approved; . N / A
CJ GRADING PLAN, as applicable;
a PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of reoordlng a final plat is provided);
CJ COPY OF RECORDED PLAT, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
Ki SITE PLAN with the following information (not to exceed 24" x 36"):
-X All dimensions;
X North arrow;
-X Engineering bar scale (minimum scale one Inch equals 50 feet), and date prepared;
-X Location map;
Index sheet referenoog individual sheets included In package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of aU PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points'of access;
All required sight triangles;
Identlllcation of environmentally unique areas, such as wateroourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utllllles, including fire hydrants, storm and sanit8ry sewer lines, manholes and 11ft stations, gas
and water lines;
All partdng spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required partdng lot interior landscaped areas;
location of all solid waste oontatners, recycling or trash handUng areas and outside mechanical equipment and all required screening {per
Section 3-201(0)(1) and Index #701};
X Location of all landscape material;
X Location of all onsite and offslte storm-water management facilities;
X Location of all outdoor lighting fixtures; and
-.X. LocatIon of all existing and proposed sidewalks.
ii SITE DATA TABLE for existing, required, and proposed development, In writtenltabular form:
-t
-X
X
-HA
-tA
X
X
~t
x
X
-X
-X
X
X
X
-X
X
X
~A
ilii
CJ
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Partdng spaces: total number, presented In tabular form with the number of required spaces;
Total paved area, Including all paved parking spaces and driveways, expressed In square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (F .A.R.) for all nonresidential uses.
REDUCED SITE PLAN to scale (8 Y. X 11) and color rendering if pOSSible;
N/A
FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot oontours or spot elevations on site;
Offsite elevations If required to evaluate the proposed stormwater management for the parcel;
All open space areas;
location of all earth or water retaining waDs and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
less than one
acre
Page 4 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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G.
STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21) NA
o
STORMWATER PLAN ilcludlng the following requirements:
Existing topography extending 50 feet beyond all property lines;
Proposed grading Including finished floor elevations of all structures;
All adjacent s1reels and municipal storm systems;
Proposed stormwater detention/retention area Including top of bank, toe of slope and outlet control sbucture;
Stormwater calculations for attenuation and water qually;
Signature of Florida registered Professional Engineer on all plans and calculations
CJ
COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval Is required priorto Issuance of City Building Permit), If applicable
CJ
COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
H.
LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
NA (See Photos)
CJ
LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streels;
Drainage and retention areas Including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping Islands and curbing;
Proposed and required parking spaces;
Existing trees on-slte and Immediately adjacent to the site, by species, size and locations, Including drtpline;
Location, size, description, speclftcations and quantlUes of all existing and proposed landscape materials, Including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soli mixes, backfllling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
o
REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering If possible);
CJ
IRRIGATION PLAN (required for level two and three approval);
o
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable.
I.
BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as
part of a Comprehen~lve InflR Redevelopment Project or a Resldentiallnflll Project.
[j:
a
BUILDING ELEVATION DRAWINGS - all sides of all buildings incliJding height dimensions, colors and materials;
REDUCED BUIWING ELEVATIONS -four sides of building with colors and materials to scale (8 % X 11) (black and white and color
rendering, If possible) as required.
J.
SIGNAGE: (Division 19. SIGNS I Section 3-1806)
NA
o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain. .
o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing
o Comprehensive Sign Program application, as applicable (separate application and fee required).
CJ Reduced slgnage proposal (8 % X 11) (color), If submitting Comprehensive Sign Program application.
Page 5 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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K.
TRAFFIC IMPACT STUDY: (Section 4-801.C)
NA
1:1 Include as required If proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive
Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Englnee(s Trip General Manual. Refer to
Section 4-801 C of the Community Development Code for exceptions to this requirement.
L. SIGNATURE:
I, the undersigned, acknowledge that all represenlatlons made in this
application are true and accurate to the best of my knowledge and
authorize City represenlatlves to visit and photograph the property
described In this application.
STATE OF FLORIDA, COUNTY OF P1t!a.LAS /2.,
Sworn to and subscribed befC1t"'9rne ~Is t.LItt day of
P~':IIfA~A. , A.D. '>>.11Z..2 to me and/or by
, who i\; personally known has
produced ~a as
identification.
~
.I Ol-rd
Signature of property owner presenlative
~/~
~p~
r(otary public, r .,...
My commission expires: Z - l f - ?'~
Page 6 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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M. AFFIDAVIT TO AUTHORIZE AGENT:
George and Diane Spaulding
(Names of all property owners)
1. That (I amlwe are) the owner(s) and record We holder(s) of the following described property (address or general location):
3401 Braeside Place, Clearwater, FL 33759
2. That this property constitutes the property for which a request for a: (descrtbe request)
Varience to construct accessory structure to a single-family home in the
"clear view zone" on subject property.
3. That the undersigned (has/have) appointed and (does/do) appoint:
Troy Perdue and Robert Pergolizzi
as (hisltheir) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above descnbed property;
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described In thls application;
6. That (I/we), the undersigned authority, hereby certify that the foregoing ls true and correct.
Property Owner
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
...JJefore me the undersigned, an officer duly commissioned by the laws of tht;.State of Florida, on thls 17Tff day of
~Cil"~/L, l {fit:' ~ personally appeared 6:;IP.R~ A..>tJ IhA";~ ~~/h.~~'" (, who havillG been first duly sworn
Deposes and says that helshe fully understands the contents Of.the affidavit that he/she Slgned~ f ~
Notary Public
My Commission Expires:
2 - Z 1-l'PS
1II1Ig
pmen te\ll8W
s
In
tea
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Page 7 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
Gulf Coast ctSulting, Inc.
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Land Development Consnlting
ICOT Center
13630 58th Street N, Suite 110
Clearwater, FL 33760
Phone (727) 524-1818
Fax (727) 524-6090
DEe 2 3 2003
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December 23,2003
-J
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Mr. Chip Gerlock, Development Review Manager
City of Clearwater Planning Department
100 S. Myrtle Avenue, 2nd Floor
Clearwater, FI 33756
ORIGINAL
Re: 3401 Braeside Place
Residential Infill for Accessory Structure
Dear Mr. Gerlock:
Per our discussion attached are the items necessary to process the above referenced
application.
1. Residential Infill Redevelopment Application ( 13 copies)
2. Legal Description (13 copies)
3. Affidavit to Authorize Agent ( 13 copies)
4. Preliminary Site Plan (13 copies and one 8-112 inch x 11 inch reduction)
5. Architectural Elevations
6. Boundary Survey (13 copies)
7. Color Photographs in lieu of Landscape Plan
9. Review Fee check for $200.00
10. Letters of No Objection.
We look forward to the upcoming DRC meeting on January 29,2004. Please contact me
if you have any questions.
Sincerely,
R~~
Principal
Cc George and Diane Spaulding
Troy Perdue, Johnson, Pope, et. al.
File 03-040
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LEGAL DESCRIPTION
Lot 7, Braeside Place Subdivision, acoording to map or plat thereof as recorded in Plat
Book 85, Pages 77 & 78, in the public records of Pine lIas County, Florida
. .. 1'-.
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OEe 2 3 2003
,....,
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07/09/2003 01:29
86,54.25
JIGA
.
PAGE 02/03
. . ..
September 2003
To whom it may concern:
I am aware of the existing Clear View Zone located on the southern end of Lot 7 at Braeside
Place, Clearwater. Given the growth of many proteCted trees over the past 21 years. there is
little clear view of the area to date.
I am in favor of vacating the Clear View Zone described above.
Mr. James Paul, owner
1 Braeside Place
Mt. Ray Murray, owner
5 Braeside Place '
Mr. Michael Sbaluly
2 B~ide Place
Mr. Tim Diasti
3 Braeside Place
Mr: Bill Taylor
4 Braeside Place
.
.
September 2003
To whom it may concern:
I am aware of the existing Clear View Zone located on the southern end of Lot 7 at Braeside
Place, Clearwater. Given the growth of many protected trees over the past 21 years, there is
little cleat view of the area to date.
I am in favor of vacating the Clear View Zone described above.
~
Mr. John Jiga, owner
6 Braeside Place
~~
-
--
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Mr. Bill Tay r
4 Braeside Place
Mr. Tim Diasti
3 Braeside Place
07/09/2003 01:29
8654.25
JIGA
.
PAGE 03/03
September 2003
To whom it may concern:
I have reviewed the plans for the detached garage, pool bathlga.zebo~ and summer kitchen which
the Spauldings wish to build on Lot 7. These detailed plans included elevations. as well as floor
plans.
I am in full support oftbis addition to the Braeside neighborhood.
Mr. James Paul, oWI1er
1 Braeside Place
'Mr. Bill Taylor, owner
4 Braesi.de Place
.LI.
Mr. Michael Shaluly, owner
2 Braeside Place
~
Mr. Ray Murray, owner
5 Braeside Place
er
Mr. Tim Diasti, owner
3 Braeside Place
.
.
September 2003
To whom it may concern:
I have reviewed the plans for the detached garage~ pool bath/gazebo. and summer kitchen which
the Spauldings wish to build on Lot 7. These detailed plans included elevations, as well as floor
plans.
I am in full support of this addition to the Braeside neighborhood.
., /""
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-'
--
,f.g.u?f ~~
Mr. Bill Tayl6r, owner
4 Braeside Place
. Michael ShaluIy, owner
2 Braeside Place
. a urray,owner
5 Bra ide Place
~ l-----
Mr. Tim Diasti, owner
3 Braeside Place
Mr. John Jiga, owner
6 Braeside Place
! CLWCoverSheet
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ORIGINAL
FLS2003-12065
3401 BRAESIDE PL
Date Received: 12/23/2003
SPAULDING, GEO & DIANE
ZONING DISTRICT: LMDR
LAND USE: RU
ATLAS PAGE: 275A
PAID
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DATE ~ L3___ __ __ _ ~
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John B Hackler IV, President .
Member, American Institute of Architects
22September2004
Mr. John Schodler
City of Clearwater
Zoning Department
PO Box 4748
Clearwater, FL 33758-4748
RE: FLS 2003-12065 @ 3401 Braeside Place
BCF 2004 - 09012 @ 3401 Braeside Place
Dear Mr. Schodtler:
As the designer of both the existing SpaLilding residence and the approved accessory
structure, I have been asked by this owner to respond to your commentary of 8/31/04.
1.0 Site Date Table:
Extensive survey work has been preformed on Lot Seven. This includes the
location of all habitations, landscape improvements, contours, as well as, location,
trunk size, and species of all existing trees. In addition the rear of all existing
structures, contours, species and size (including height and canopy spread) of all
trees on the adjacent properties between the bay and the subject property (Lot 7)
have been documented. This site information was submitted to the Clearwater
Planning Department as exhibits in FBS 2003 - 12065. Additional copies can be
readily supplied to your office upon request.
2.0 Area Limitations:
The area proposed accessory structure as noted on the construction document is:
Conditioned: 1180sf; Porches: 176sf; the total area under roof is 1356sf.
A conservative area calculation* of the existing house "under roof' is as follows:
Enclosed Enclosed Porches Totals
Conditioned Unconditioned
Basement 140sf -- -- 140sf
First 2008sf 559sf b60sf 3227st
Second 2496sf ** -- -- 2496sf
Totals 4644sf 559sf 660sf 5863sf
25% 1161 sf 140sf 165sf 1465sf
*Excludes roofed porticos north and west ends, if included add 56sf
**Excludes the second floor clerestory space in the foyer rotunda.
If the city of Clearwater includes such space in floor area rated, add 70sf.
Given these calculations, the design of the proposed accessory structure assumed
that the permitted 1186sf was considered as conditioned area. Please note that
when unconditioned areas "under roof' of the proposed structure are considered, the
Studioinc
Winter Park Business Center
807 S. Orlando Ave. Suite F
Winter Park, FL 32789
Tel 407.647,6600
Fax 407.647.5220
gross area of the accessory structure is still considerably under the 25% allowable
area. The garage of this structure will be conditioned and is included in the
stipulated calculations on the permit document.
3.0 Maximum Height:
Please note that the height of the structure is fully noted on sheets A4 and A5 of the
document. It is indicated on the right side of the "east" and "north" elevations,
respectively, as 19'-0". In addition, please note that the east elevation accounts for
an additional eight inches (8") of "fall" from the front to the rear of the structure with
a "fudge factor" of four inches (4") for good measure.
John, I believe that this will clear up any concerns you or anyone in your department
may have. I hope you will agree that, as the 'captain' of the Spaulding's design team,
every effort has been made to comply with the spirit and letter of the owner's agreement
with the City of Clearwater.
Please, feel free to call me directly with any additional questions or concerns you may
have. My direct office number is 407-644-2515 and my cell phone number is 407-448-
1420.
~.
+
Pinellas County Property Appraiser Information: 10 29 16 10758 000 0070
Page 1 of 4
App[ai.sal....informatiQn
BllildingjnfoLfIlaJion
Yiew Comparable Residential Sales
Mass Appraisal is the systematic appraisal of groups of properties as of a given date using
standardized procedures and statistical testing. Its purpose is to provide an equitable and efficient
appraisal of all property in a jurisdiction for ad-valorem tax purposes.
We recognize that there is a reasonable range of values within which a property can sell. Our
Mass Appraisal Market Value tends toward the lower end of the range. Recent upgrades or
remodeling efforts completed by a seller in order to prepare a property for sale, especially those
on the interior of a building, are often not reflected in our Comparable Sales Value.
Finally, our values are historical and are developed using arms length sales from the three years
prior to January 1. For this reason, our values are generally lower than what a seller will ask for a
property in today's appreciating market.
Appraisal Information
http://pao.co.pinellas.fl.uslhtbinlcgi-scr3 ?o= 1 &a= 1 &b= 1 &r=&8= 1 &u=O&p= 1 0+ 29+ 16+ 1... 8/31/2004
Pinellas County Property Appraiser Information: 10 29 16 10758 000 0070
Page 3 of 4
PIQQ~tlYfl,nd...LalldUs~CQdC:mdc:sGriQtiQns.
10 / 29 / 16 / 10758 / 000 / 0070
:01
31-Au9-2004 JiM SMith, CFA Pinellas County Property Appraiser 13:34:14
Res ide n t i a I Car dOl 0 f 1 Pro pUs e : 2 1 0 Lan d Use: OIL i v in gUn its: 1
IMp Type: Unique Residential Prop Address: 3401 BRAESIDE PL
Structural
Elements
Foundation
Floor SysteM
Exterior Wall
Roo f FraMe
Roof Cover
continuous Wall
Slab on Grade
ConcBk Stucco/Reclad
Gable-Hip
Conc Tile/Av9 Htl
Quality
Year Built
Effective Age
Heating
Cooling
Fixtures
Other Depreciation
Functional Depreciation
EcononoMic Depreciation
Excellent
L 993
10
Central Duct
Coolin9 (Central)
11
o
o
o
~ Stories 2.0
Floor Finish HdTil/Wood/Harble
Interior Finish Custom
Sub
Areas
Description Factor Area Description Factor Area
1) Base Area 1. 00 1.958 7) .00 0
2) Uppe r St ry Base Area .90 2.250 8) .00 0
3) Garage . 35 511 9) . 00 0
4) Open Po rch .20 550 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Residential Extra Features
Description DiMensions Price units Value RCD Year
1) FIREP LAC E 1.500.00 2 0 12.600 L 993
2) 9 9WIN EC EL L 8XI0 5.000.00 1 0 5.000 1.993
3) PATIO/DECK 300 3.00 300 0 610 L 994
4) PATIO/DECK 400SF 10.00 400 0 2.960 L 994
5) POOL 18.000.00 1 0 13.320 1.994
6) SPA/JAC/HT 4.500.00 1 0 3.330 1.994
TOTAL RECORD VA LU E : 31.880
Pinellas County Property Appraiser
Parcel Information
http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1&a=1&b=1&r=&s=1&u=0&p=1 0+29+ 16+ 1... 8/31/2004
PinellasCounty Property Appraiser Information: 1029 16 107580000070
Page 4 of 4
BaGkJo.Sel:lIGh..Pag~
An explanation of this screel1
http://pao.co.pinellas.f1.us/htbinlcgi-scr3?o=1&a=1&b=1&r=&s=l&u=O&p=l 0+29+ 16+ 1... 8/31/2004
Pinellas County Property Appraiser Information: 10 29 16 107580000070
Page 2 of 4
10 / 29 / 16 /
10758 / 000 / 0070
31-Aug-2004 JiM SMith, CFA Pinellas County Property Appraiser 13:34:12
Ownership InforMation Residential P rope rt~ Add ress. Use. and Sales
SPAULDING. GEORGE C OBK: 07692 OPG: 2240
SPAULDING. DIANE L
3401 BRAESIDE PL
CLEARWATER fL 33759
COMparable sales value as Prop Addr: 3401 BRA ESID E PL
of Jan 1, 2003, based on Census Trac t : 268.09
sales froM 2002 - 2003:
953.700 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp
Plat InforMation 5 /1.989 7.011/ 688 140.000 (Q) U
1982 : Book 085 Pgs 077- 0 7 8 6 /1.984 5.793/1. 747 66.720 (Q) U
0000 : Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
2004 Value EXEMPTIONS
Jus t/Market: 771.300 HOMestead: YES Ownership % 1.000
SAUE-OUR-HOHES CAP Govt ExeM: NO Use %: 1.000
Assessed/Cap: 520.800 Institutional ExeM: NO Tax ExeMpt %: .000
Historic ExeM: 0
Taxable: 495.800 Agricultural: 0
2003 Tax InforMation
District: CW Seawall: Frontage:
Clearwater View:
03 Millage: 23.0851 Land Size Unit Land Land Land
Front x Depth Price Units Meth
03 Taxes: 11.221.67
1) 119 x 214 2.200.00 119.00 F
Special Tax . 00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Without the Save-Our-HoMes 4) 0 x 0 .00 .00
cap, 2003 taxes will be : 5) 0 x 0 .00 .00
15.871.01 6) 0 x 0 .00 .00
Without any exeMptions,
2003 taxes will be :
16.448.13
Short Legal BRA ESID E PLACE LOT 7
Description
Building Information
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CITY OF CLEARWATER
LoNG RANGE PlANNING
DEVELOPMENT REviEW
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
February 4, 2004
Gulf Coast Consulting
Mr. Robert Pergolizzi
13630 58th Street N., #110
Clearwater, FL 33760
RE: Development Order regarding case FLS2003-l2065 at 3401 Braeside Place
Dear Mr. Pergolizzi:
This letter constitutes a Development Order pursuant to Section 4-202.E of the Community
Development Code. On January 29, 2004, Development Review Committee (DRC) reviewed your
application for Flexible Standard Development approval to permit a 1,196 square foot accessory
structure, 20 feet in height and located on the rear (southwest) portion of the property under the
provision of Section 3-201.B. The DRC recommended approval of the application with the following
bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Standard Development criteria as an Accessory Structure
per Section 3-20l.B.
2. The proposal is in compliance with other standards in the Code including the General Applicability
Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other redevelopment
efforts.
Conditions of Approval:
1. That the accessory structure will not be greater than 20 feet in height from grade to the highest
point ofthe structure;
2. That the total square footage of the accessory structure will not exceed 25% of the gross floor area
ofthe principal structure;
3. That no trees or vegetation within the l5-foot buffer to the rear (southwest) of property or the 25-
foot buffer to the front (west) of the property along Bayshore Boulevard may be removed or altered;
and
4. The accessory structure will not be used or designed as a separate residential dwelling unit for
rental or lease by all present and future property owners.
BRIAN]. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
February 4,2004
Pergolizzi - Page Two
I concur with the findings of the Development Review Committee and, through this letter, approve
your application for Flexible Standard Development with above four conditions. The approval is based
on and must adhere to the site plan and application dated received December 23, 2003 and additional
supporting materials dated received January 29,2004.
Pursuant to Section 4-303, an application for a building permit shall be made within one year of
Flexible Standard Development approval (February 4, 2005). 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. An extension of time may be granted by the Community Development
Coordinator for a period not to exceed one year and only within the original period of validity. The
Community Development Coordinator may approve an additional extension of time not to exceed one
year for good cause shown and documented in writing. The coordinator must receive the request for
this extension within the one-year period of validity after the original time extension.
The issuance of this Development Order does not relieve you of the necessity to obtain any building
permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or
license affected by this approval, please bring a copy of this letter with you when applying for any
permits or licenses that require this prior development approval.
If you have any questions, please do not hesitate to call Bryan Berry, Planner, at 727-562-4539. You
can access zoning for parcels within the City through our website: www.c1earwater-fl.com. * Make Us
Your Favorite!
Sincerely,
Cynthia H. Tarapani, AICP
Planning Director
E:IPlanning Department\C D B\Standard F1exIPending Cases\3 - Up for the Next DRClBraeside PI 3401 - Spaulding accessory structureIBraeside Place 3401 Development Order sample. doc
.
.
DRC Meeting Date:
Case Number:
Agenda Time:
Applicant:
Address:
January 29. 2004
FLS2003-12065
11:20
Mr. George Spaulding
3401 Braeside Place
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
Flexible Standard Development to permit aI, 196 square foot
accessory structure, 20 feet in height and located on the rear
(southwest) portion of the property under the provision of Section 3-
201.B
EXISTING ZONING/
LAND USE:
Low Medium Density Residential (LMDR), Residential Urban
Classification, (RU)
PROPERTY USE:
Current Use: Single-Family residential
Proposed Use: Accessory structure
ADJACENT/ZONING
LAND USES:
North: Low Medium Density Residential District / Single-family
residential
West: Low Medium Density Residential District / Single-family
residential
East: Low Medium Density Residential District / Single-family
residential
South: Low Medium Density Residential District / Single-family
residential
CHARACTER OF THE
IMMEDIATE VICINITY: Single-family dwellings are located to the north, east and west with
attached condominiums located to the south.
ANALYSIS:
The 0.58-acre site is located on the southwest side of Braeside Place, approximately 50 feet
southeast of Bayshore Boulevard. Braeside Place is a private, platted subdivision incorporating a
total of seven lots. The subdivision is made up of large detached single-family homes. Located to
the immediate south are Sunfish Bay Condominiums. The surrounding characteristic of the area is
largely residential in nature with a mixture of attached and detached dwellings. The applicant is
proposing to construct an accessory structure at 1,196 square feet or 25% of the principal structure.
E:IPlanning DepartmentlC D BlStandard FlexlPending Casesl3 - Up for the Next DRCIBraeside P/ 340/ - Spaulding accessory
structurelBraeside 3401 Staff Report. doc- Page 1
.
.
This structure is to serve as a pool house, garage, dining and sitting room. A condition will be
placed reading that the accessory structure will not be used or designed as a separate residential
dwelling unit for rental or lease by all present and future property owners. The height will be 20
feet, which is permitted through a Level One review process. Located along the rear (southwest) of
the property and the front (west) property along Bayshore Boulevard are 15 and 25-foot heavily
vegetated buffers. This vegetation will shield the proposed height from adjacent properties and
Bayshore Boulevard.
In March of 1972 restrictions were adopted by the City Commission for the properties within
Braeside Place. The 14th restriction stated the covenants and restrictions were to run with the
properties for a period of thirty years. (See copies of restrictions in file).
All applicable Code requirements and criteria including but not limited to General Applicability
criteria (Section 3-913) and Accessory Structure criteria (Section 3-201.B) have been met.
CODE ENFORCEMENT ANALYSIS:
There are no outstanding enforcement issues associated with this site.
STANDARDS AND CRITERIA FOR LOW MEDIUM DENSITY RESIDENTIAL (Section
2-20n:
STANDARD REQUIRED/ EXISTING PROPOSED CONSISTENT INCONSISTENT
PERMITTED
MAXIMUM One dwelling One dwelling One dwelling [X] [ ]
DENSITY units unit unit
IMPERVIOUS 0.65 0.37 0.45 [X] [ ]
SURFACE
RATIO (lSR)
LOT AREA 5,000 square 25,466 feet 25,466 feet [X] [ ]
(minimum) feet
LOT WIDTH 50 feet 90 feet 90 feet [X] [ ]
(minimum)
FRONT 25 feet 42.9 feet front 42.9 feet [X] [ ]
SETBACK (north) front (north)
39 feet front 25 feet front
(west) (west)
REAR 25 feet N/A N/A [X] [ ]
SETBACK
SIDE 5 feet 31 feet side 15 feet side [X] [ ]
SETBACK (south) (south)
11 feet side 11 feet side
( east) (east)
HEIGHT 30 feet 25 feet 25 feet [ ] [X] *
(maximum) principal
structure
25 feet
E:IPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRCIBraeside PI 3401 - Spaulding accessory
structurelBraeside 3401 Staff Report. doc- Page 2
.
.
accessory
structure*
PARKING 2/unit 1 2 [X] [ ]
SPACES
FLEXIBILITY CRITERIA FOR ACCESSORY STRUCTURES: (Section 3-201.B):
Consistent Inconsistent
1. The accessory use and structure is subordinate to and
serves an established and conforming principal use;
2. The accessory use and structure is subordinate in area,
extent, and purpose to the principal use;
3. The accessory use and structure contribute to the comfort,
convenience or use of the principal use;
4. The accessory use and structure is located on the same
property as the principal use and located behind the front
edge of the principal structure;
5. The accessory usee s) and structures, unless otherwise
allowed as permitted use in the zoning district, shall not
cumulatively exceed ten percent of the gross floor area of
the principal use. Such structures may be permitted up to
25 percent of the gross floor area of the principal use
through a Level One (flexible standard) approval process.
Gross floor area of the principal building includes the
floor area of any attached garages or carport;
6. The accessory use may be located in a separate building,
provided that such building complies with all the
development standards in Article 3;
7. The use complies with each and every development
standard applicable to the principal use to which the
accessory use IS accessory;
8. No accessory structure shall exceed 15 feet in height in
any residential zoning district and no more than the
allowable height for the principal use in any nonresidential
zoning district. Such structures may be permitted up to 20
feet in height in the residential zoning districts if approved
thought a Level One (flexible standard development)
approval process;
[X]
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
E:IPlanning DepartmentlC D BlStandard FlexlPending Casesl3 - Up for the Next DRCIBraeside PI 3401 - Spaulding accessory
structurelBraeside 3401 Staff Report. doc- Page 3
.
9. Canvas or other similar materials, shall not be allowed as
a permitted material for any accessory structure;
10. In-ground pools that are 12 inches or less above ground
shall be classified as an accessory structure. In-ground
pools that are greater than 12 inches or more above grade
shall be classified as a principal structure.
GENERAL STANDARDS (Section 3-913):
1.
2.
3.
4.
5.
6.
Development of the land will be in harmony with
the scale, bulk, coverage, density and character of
adjacent properties.
Development will not hinder or discourage
development and use of adjacent land and buildings
or significantly impair the value thereof.
Development will not adversely affect the health or
safety of persons residing or working In the
neighborhood.
Development IS designed to mImmIze traffic
congestion.
Development is consistent with the community
character ofthe immediate vicinity.
Design of the proposed development mInImIZeS
adverse effects, including visual, acoustic and
olfactory and hours of operation impacts on adjacent
properties.
.
[X]
[ ]
[X]
[ ]
Consistent
[X]
Inconsistent
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
[X]
[ ]
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
January 29, 2004. The Planning Department recommends APPROVAL of the Flexible Standard
Development application to permit a 1,196 square foot accessory structure, 20 feet in height and
located on the rear (southwest) portion of the property under the provision of Section 3-201.B, for
the site at 3401 Braeside Place, with the following bases and conditions:
E:IPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRCIBraeside PI 3401 - Spaulding accessory
structurelBraeside 3401 Staff Report.doc- Page 4
.
.
Bases for Approval:
1. The proposal complies with the Flexible Standard Development criteria as an Accessory
Structure per Section 3-201.B.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
Conditions of Approval:
1. That the accessory structure will not be greater than 20 feet in height from grade to the highest
point ofthe structure;
2. That the total square footage of the accessory structure will not exceed 25% of the gross floor
area of the principal structure;
3. That no trees or vegetation within the IS-foot buffer to the rear (southwest) of property or the
25-foot buffer to the front (west) of the property along Bayshore Boulevard may be removed or
altered; and
4. The accessory structure will not be used or designed as a separate residential dwelling unit for
rental or lease by all present and future property owners.
Prepared by: Planning Department Staff: ~
Bryan Berry, er
E:IPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRCIBraeside PI 3401 - Spaulding accessory
structurelBraeside 3401 Staff Report. doc- Page 5
.
.
January 23,2004
Mr. Robert Pergolizzi,
The following are comments generated from the preliminary Development
Review Committee on January 20, 2004. Please be prepared to address these and any
other comments generated at the scheduled Development Review Meeting for 340 I
Braeside Place on Thursday January 29, 2004 at 11 :20. The city requests that yourself or
a representative be present for the Development Review Meeting at 100 South Myrtle
Avenue in Clearwater, FL on the second floor of the Municipal Services building. Please
call and verify your time with Sherrie Nicodemus at 562-4582. I look forward to meeting
with you.
The DRC reviewed this application with the following comments:
1. Parks and Recreation:
a) No Comments
2. Stormwater:
a) No Comments
3. Traffic Em!ineerin2:
a) No Comments
4. General En2ineerin2:
a) No part of proposed structure(s) to be constructed within any landscape,
drainage and/or utility easement.
5. Plannin2:
a) The Community Development Code permits an accessory structure up to
20 feet in height in a residential zoning district if approved through a
Level One approval process. Height to the top of dome measures 25 feet.
Plans need to be revised to reflect the maximum 20 feet height permitted.
b) Accessory structures may be permitted up to 25% of the gross floor area
of the principal use through a Level One approval process. 25% of
existing 4,300 square feet (FAR) is 1,075 square feet. The site data table
reveals a 1,300 square foot increase when subtracting proposed FAR from
existing. Revise plan to meet the 25% permitted.
c) No trees or vegetation within the 15-foot buffer to the rear (southwest) of
property or the 25-foot buffer to the front (west) of the property along
Bayshore Boulevard may be removed or altered.
d) A condition will be that the proposed accessory structure will not be used
or designed as a separate residential dwelling unit for rental or lease by all
present and future property owners.
6. Solid Waste:
a) No Comments
7. Land Resources:
a) No Comments
8. Fire:
.
.
a) No Comments
9. Environmental:
a) No Comments
10. Community Response:
a)
11. Landscapin2::
a) No Comments
NOTES
Sincerely,
Bryan Berry
Planner
(Bad Original when scanned)
.
):
~OM:
OPIES:
UBJECT:
ATE:
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Lucille Williams
,
ARWATE'R
Sheet
Clerk n)
Direct~ J
David Po Healey,
See List
",.ce~"
"6Il
ji !",il,~n
Revalidation of p;~t~t~inary Subdivi
June 1, 1982
~,:'tkf(i:' t
'Jh"":l
, ,'.'~k%:i
The Ci ty Commissild~l;~n May 20, 1982 ed ~he revalidation
o~ ~he pre1iminarY~MQdivision pJp~ . ~ra:slde Place sub-
dlVlsion subject tCl.;tlhe fOllov",ag condltlon.
r!n;it~\W
Subdivision plat ,be recorded no later than November
5 198Z 0 ;,.,,,'
,
Attached are ten (10) copies of the preliminary plat for
your certification and distributiono
DPH/PH/jp
Note:
Attached to each preliminary plat are the Restrictions
on the property which are to be recorded with the
final plato
t: ~Roy Ayres, Building (1)
Max Battle, Public Works (2)
. Paul Rettig, Utili ties (2)
. ~yi th Cl"awford, Traffic Engo (1)
.;t1~:I.~~T:,Fire Marshall (1)
:i,.a~:.~f · "@.ley, P 1 ann in g (1 )
'<;>ject Sponsor (1)
,RECEIVED
BUILDING
CITY OF C~EEPARTMENT
ARWATER
JUN 4 1982
AM '
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AMfNrMENT TO RESTRICITONS
\.JHERFAS, Tibm3. Bros. :eevelapment & Constructian Ca., a
harida Corporatian, executed Restrictians, which were recorded in
O.R. Book 3823, page 6, of the Public Recards of PiJlellaS County,
Flarida, applicable ta the fallowing described property:
Government lot 32 in Section 10, Tawnship
29 South, Range 16 East, LESS l\ND EXCEPI'ThTG
that p::>rtion thereaf platted as :eel Ora Heights
Subdivision, and AlSO ThTCWDING that part of
the SE 1/4 of the SE 1/4 of the NE 1/4 of
Section 9, Township 29 South, Range 16 East,
lying Southeast of County Road #30, together
with all riparian rights and submerged land
abutting the upland or lyinB; within said
tract;
and
WHEREAS, said Restrictions were promulgated in conjunctian
the 9riginal plan submitted for development of the above
o property ; and -
~~RFAS, Pleus Bros. Metal Fabricators, Inc. and Rayrrond E.
Murray, his wife, are the Owners of a portian of
,~;~perty described as fallows:
tract of land in the NW 1/4 of Section 10,
Township 29 South, Range 16 East, Pinellas County, Florida,
further described as follcws: Commence at the \V 1/4 corner of
the said Section 10, Township 29 South, Range 16 East and
rtm thenceNprth 89021' 08." W, 349.15yfeetto. the easterly
right of way line of Bayshare Blvd. CC.R.3.Ql; thence along
>t:h~;jsc3fi.:<;l~;p:i(~t.9f;..waylirl~.:trld.along;tlJ.e ~... of..a curve to
therilgbt fVRadIus' 911.09'reet ,:celta..20o 46'07.5" ,Are
'. 330.29ffe~~,:, Chor? .328.45 ,.t:eet ,....Q1ortj .l3ea10ing North
20029T'~2''E8.st; thence Norfh3oP46'36" EaSt ,813 .64 feet to the
Northwest corner of Sunfish BayCondominiunIV, Condominit.rrn
Plat' Book 26, pages 14 and IS, Pine lIas County records, to
the Point of Beginning; thence cantinue along the said line
North 30046'36" East, 365.49 feet; thence South 89017'59"
East along the North boundary of Government Lot 2, a
distance of 325.0 feet MOL to the Mean Him Water line along
the Old Tampa Bay Shoreline; thence along the said
Mean High Water lineo to a lX>int along the said Mean Hip;h
Water line, South 12 19~07.4" \-lest, 627.01 feet; thence
North 59009'56" Hest, 25"0.0 feet MOL; thence North 28.025'00"
West, 129.14 feet; thence North 59013' 24" \.Jest, 118.84 feet to
the Point of Beginning.
.
U II! .__.~...."..,.' ilt",:"",,,,,dM!.iI~~~"~W,,,,i~,,,,,,,,!,,,,,.,,
desire to develop said portion of
(7) single family lots kncwn as Braeside Place
WHEREAS, it is desired to amend said Restrictions to reflect
the changes in Fhase III of tne original plan; and
WHEREAS, said Restrictions. nay not be amended without the
1. These additional restrictions and limitations are also
as.coven.3i1tSrtmning with the land regardless of whether
':::,"~i};"(:,;::~
m~tioned in .any deeds or conveyances subsequently
,f2: The subdivision plat for Braeside Place approved at
'1.h~ing before the Clearwater City Corrmission on November 5, 1981,
"toexcied'1.3tinits oer acre on seven(7)
the total
Retention .. WA1'!-rp1"OPosed
exceed 30 inches in height from existing grade
in accordance with Section 131.200(3) e, of Title XI, Ccx:l.e of
Ordinances, City of Clearwater.
...
~
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of Braes ide
in Restriction
give a building setback of twenty-
five feet (25') from the right-of-way of Bayshore Boulevard for any
single family residential structure built for Braeside Place.
7. No structure on the proDerty of Braeside Place shall
exceed thirty feet .(30') in height.
8. These additional covenants and restrictions shall also
be binding on all parties and all persons claiming tmder them, and no
exception, variation or termination of these restrictions shall be
authorized or effective without the prior written consent of the
City of Clearwater, Florida.
ill WITNESS WHEREOF, the Cwners have executed this instrument
Florida, consents thereto this c::llc ~
, A.D. 19~
A;Sealed and I:eli vered
'. se.I1ceof:
OWNERS:
. Pleus Eros.' Metal Fabricators, Inc.
By:
c::J. ~ ,19~
Signed. Sealed. and I:elivered
,in..t:h
Signed, Sealed atld telivered
in the presence of:
~ -... . ..///
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/
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Nancy C. MurTay
(Seal)
oG.
Atte& ~ LJ ~
Cl ty C1.erk
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?Z 5 7?.I C TI 0:'.'5
\'r~":=:F...Z:AS, ,TI3Y....;. BROS. DEVELO?M:::N7 & CONSTR UCTION CO. ,
"
a F10::-ic:.a co=?or~tion, is t...'1e owD:e:- of tbe iollowbg :-ea.l ?:-cpe=:y sit1:ate,
ly~g a...-:d be~g i= :...":e COu.:lty of P~ellas and S~te oi ::lo-=i&, to-wi::
Gove::T~-nent Lot #2 in Section 10, ToWnship 29 Sou~,
Range 16 :::ast. .!...:::SS Aj\,~ E::{ C:::?TL1\1G tr.at po=tion
. ~e'reoi p~a.tted as Del Oro Heights Subdivis ion, and
ALSO INCLUDL~G t:~at part of ilie S::: 1/4 of t...'1e SE 1/4
of the' N:E: 1/4 of Section 9, Township 29 South, Range 16
East, lying Southeast of Cou.,~' Read #30, toge~er 'With
all =iparian rigbts a..,d S uO::-::lersed la.."'ld abu~..ing t...'\;e ,}lpland
0: lying with::,. said tract;
..
a::e.
W::":::R..::..tl"S, said Owne:- desi=:es to place ce:-tai:: restrictior..s upon
salci ?ropc:-'tj., w::ich shall be cove::2::ts =~""li:lg witb t...'1e l2.!ld, fo:- the ?:-o-
-
tection cf'itseJ.::, pe:-soI:.S a:1d corporations pi:Z'6asi:::g 5a,id p:-ope=-:y ::-Cr:l
it 0= its success o=s, assigns, 0:- executors, Cl..1Je. tbe Cityoof Clear-wate=,
Flc=~cia., a 'm-:=icipa..l corpcr~tion;
NOW~ rr:::2::t:::::=ORE, KNOW ALL MEN BY T:=":::SZ ??2SENTS, t::at
l..""l consideration Of the foregci::g pre:nises a.."'ld 06e= good a...,d vah::.able con-
s id.eration between ~e parties, receipt ,of w:Jicn is be:-eby ~ckno-wl~d.ged., the
f
unders igned, Tib==.a :3r os. Development &: COI:.stn~ction Co., a Florid~ co:,,-
'poration, as owner of tbe above desc::-ibed :-ea,l p:-ope::-t)". -does be::-eby adopt
~d ?:-cocigate tbe :-est.:-ict.:.ve COvenants be::-e:':"laiter set !o:-:=.:
1. T.:lese :-est,::-ictions a=d lbitatior:.s a:-e to be :-ega:::-ded as covenant.s
run.:lmg witb t...'1e land for a pe:-lod of thi=:y (30) yea=s 1=0r:l date nereoi, re-
g~:-dles s of wbetber tbey a=e spedlically mentioned -in any deeds or cor.,vey-
ances subsequently ex.ecuted.
2. The Fi.r.a.l Plan as submitted at a. public b.ea=~g before tbe Ci:y
COr.'_"":nlssior:. of tbe Ci:y of Clea:-wate= On February 21, 1972. snall be: followed
exactly as a..pprcved but the total nu.."TIb'e::-.oaf dwelli"''lg ~"'lits snall not exceed
cne hl..:.."'ldred twen:y-seve."'l (127). suc:: ?la:'l is On file in tbe oi::ice of tbe Dii-
ector of Bulldbg of t..":e Cityof Clea.:::-'\Vater, which ?lan's::all ccve:- the ;:oI'r..plete
.,.
"
t:-:l..ct, wilicn snail be a de::si:y of le::;s than ten dwellbg l..:..,its per ac:"e.
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3. 1=. accorca..,ce wh:: ?'U'"D :cmi:lg :-eqcirece:1ts. t})e total p=ojec";
shall be six:y per ce:1t (6C7c) cor:-:pletec. wit~i."'l five (5) years of the c.a.te
.-
herec;!, subj~ct to public :'")eari."'l&,to reco~sice:- the zoning a.~d to establisb
a proper holc:.....-:g ZOne i! not so cO::'lpleted.
.-
-
4. It is a.g:-eed !.bat th'e arcbitect1:.:al ~ende:-i:lgs c.::-o.....":1 up for this
project sball, be reas onably adhered to fo= all three stages of development,
or :-eviewed'b';' si..-:nilar :-nan..""le= as for site plan approvai.
5. . All apart:nent st:uc~-.;.:'es shall be lim.ited as to. height, w-1t.~ a
=axL-:n'1l:n 01 1-1/"2.. and "2..-1/2 stories. a.s shown on plan.
""
6. Parking for apartment units wiD be Ih=.ited to that shown On ilie
~as ter plan which i.."'lcluces ins ice quac=az:gles I ll.""lcer c eve:- dos e to build.-
:.:::.g, and shielded by trees and sh=ubs "f:-cm, view :::-om Eaysbore 30uleV'a.::-c..
7. The development shall cor.::.ply with t.~e btent of water:f:-o::.t side
setback ord.i.n2.nc.e being a thirty ioot (30') setback On the Souili anc. an allow-
ance. on the Nor:h due to.a utiiity line.
s'. .1:l coo.pli4L"1ce with th~ water::-ont o:rd~ance, tbe two open a=-eas
{be~eenthe.t::.:ee desig:::.ated develcpr:le::lt area.s be~g 75 or SO ioot olea.:-
::'07'7~)t ~ssb9vr"r..O:l. the C!:'pproved ~aste:-?la::l snail :leVer be used for a::.y-
. .
thing otber than recreaticn:-, t.."'e:-eby assuring a pe':-:=.a.nent vista anc view
of. ~eBay f:-c:=. Eayshore Boulevard-
t.
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,.
!t is further ag:-eed t.."'at t~e view of
-
J. a:npa
., .
1S .a::!cs ,
3ay,
ca\:.se-
way, etc. by pec.estrians travelbg along 3aysnore Boulevard shall not be
obstructed by anyt..~i...:g othe:- than.buildbgs designated on approved. master
\. plan or by trees as sbown on tree su:-vey also on file. Solid walls or hec.ges
)(.-
that would bloc..'< the view from Bayshore Boulevard are prohibited.
. .10. The single Ie..mily dwellbg units to the North and South wi.ll be
buHe::;ed by pla.ntings.
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11. All 'ent:-ances a:old exits to t~e proper~ have bee::! pla::"""led b
.conj~ction witb the City o! Clea.J:'Water Trai!i.c E:ngbeera.:old shall be in
accoroa.""lce wit.'" the a.pproved ::7Iaster plan.
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.
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.
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,. ,.
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,.
12. It is ag:-eed t~at t.he oeve)o?er s~al1 give a setback of forty leet
{4~:} a.long Baysho:e Eoule...a.=d for ?a=kway develop:-:lent a:1c. nO apa==nent
build.i::lg s:"ill be dos e: ti:an ninety '(90)' icet to ~he cente=lbe of Baysbor~
~
>-
Boule '\-a.:d.
,~ B. It is fur~er ag.eed that the sub:ne::-geC. land will be ~ed. ?er-
:='2.:lently for ope: s~ce.
14. These covenants '2..:l.d .est'..;.ctions sba.ll be binc.bg on all par:ies'.
a.nd. a.ll pe:sons c1a.b~g u:1de= the.:n. .::.r:d nO excepticn. variation or te.:r=.~
1 .
'.
i::lation of t~ese restrictions sball be t\uilio:i::.ed. or e!!ective without the
pdo:- w:-irte: cor-sent of ~e Ci.ty of Cle::.=wate::-. for a period. of tbi=~ (30)
yea::-s r:-oo c.a.te hereof.
be
.-
IN WITNLSS W:-ZRZOE', !be Ow:-:.e:- bas ca~ed tbese prese:lts to
d d '\..._ ' . 1 . :'!~ I /.:.-,;-, ...:1_
execute an n.::.ve nere~to set ltS corporate. sea. t.h~,,,I ~ . .' __.r;.;..:.."j
01 Ma=ch, 1972.
Tl.B1viA BROS. D~'\i'E.LO?MZNT
& CONSTRUCTION CO.
A ttes t:
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, .' ~.~ ': ~ '. . ~ .' " /' , t
Sec=eta=y
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,/, ,~ ,.
, P:-es'loent
;/-ry1~
~.- '.
By
(C orporate S ea.l)'
Si.gnee. sealec. and c.elivered ~ ~e p=esence of:
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sealleartl arllers manafjement services, inc.
2189 CLEVELAND STREET, SUITE 225 · CLEARWATER, FL 33765
(727) 466-0571 FAX: (727) 466-6362
January 9, 2004
Bryan Berry, Planner,
City of Clearwater Planning Department
P. O. Box 4748
Clearwater, Fl. 33758-4748
Re: Building Approval Notice; 3401 Braeside Place (FIS2003.:12065)
Dear Mr. Berry,
We were contacted by our client, Sunfish Bay Condominium Association, Inc. to write to
you regarding the proposed new structure at 340 I Braeside Place as described in the
notice of filing of an application for flexible standard development approval.
This community wishes to appeal to you the Planning Director and any committee that
might be involved in the approval of this development. The homeowners have paid prim
dollar for their homes because of the water view. This construction will lower that value
on their homes. They are against the approval of this application or any construction
application that would block the water view they now enjoy.
smcer;p~~?
Dorothy Spriggs - Property Manager
by direction of the Board of Directors
of Sunfish Bay Condominium
member
aI"COmmunity
. associations
institute
FROM :MARIA
HARGET.
FAX ~iO. : 3032827141
Jan. 09 2004 03:08PM Pi
.
Maria E. Hargett
Sunfish Bay Condominiums
1.111 Bayshore Blvd. Unit E~3
Clearwater, F.L 33759
Tel: 303 282-7141
delie:irlwsdCi2va boo. com
9 January, 2004
Bryan Berry, Planner,
City of Clearwater Planning Department
P.O. Box 4748
Clearwater, FL 33758-4576
Re: Building Approval Notice; 3401 Braeside Place (FLS2003~12065)
Dear Mr. Berry:
Ihe proposed new structure at 3401 Braeside Place described in this Filing
Notice will completely block the water view from Sunfish Bay
Condominiums Building E and materially detract from the attractiveness and
ambiance of OUf connnunity.
The negative effect on our property values is predictable.
As the owner of one of these condominium units, I respectfully request that
the proposed building approval be denied or substantially modified to meet
the City of Clearwater building code and otherwise reduce these negative
results.
Thank you for your concern.
Sincerely your~,~
IMJ~
Maria E. Hargett
E~3
JA~j-08-20Ci4 23: 03
LI i="ELI NK
813 251 0096 P.01/01
.
.
Matjorie M. Murphy
Sunfish Bay Condominiums
1111 Bayshore Blvd. Unit E-8
Qearwater, FL 33759
Tel: 727799.2101
nlarge@lifelinkfound.ol"g
9 J an~ry, 2004
Bryan Ben'y, Planner
City of Clearwater Planning Department
P,O. Box 4748
Oearwater, FL 33758-4576
Re: Building Approval Notice; 3401 Braeside Place (FLS2003.12065)
Dear Mr. Berry:
The proposed new structure at 3401 Braeside Place described in this Filing
Notice will completely block the "Water view from Sunfish Bay Condominiums
Building E and materially detract from the attractiveness and ambiance of our
commuruty.
The negative effect on our property values is predictable.
As the owners of one of these condominium units, we respectfully request that
the proposed building approval be dewed or substantially modified to meet the
Gtyof dearwater building code and otherwise reduce these negative results.
Thank you for your concern.
Kindest regards,
V\~ .
Ma~o~. Mwphy, Unit E - 8
TOTAL P.01
Jan 09 04 09:13a
William Willard
.
7277249069
.
p. 1
William L. Willard
Sunfish Bay Condominiums
1111 Bayshore Blvd. Unit E-15
Clearwater, FL 33759
Tel: 727 724-8338
.v. w..Jard3<tVve rizo D.n et
9 January, 2004
Bryan Berry, Planner,
City of Clearwater Planning Department
P.O. Box 4748
Clearwater, FL 33758-4576
Re: Building Approval Notice; 3401 Braeside Place (FLS2003-12065)
Dear Mr. Berry:
The proposed new structure at 3401 Braeside Place described in this Filing
Notice wiU completely block the water view from Sunfish Bay
Condominiums Building E and materially detract from the attractiveness and
ambiance of our community.
The effect on our property values is predictable.
As the owners of one of these condominium units, we respectfully request
that the proposed building approval be denied or substantially modified to
meet City of Clearwater building code and otherwise reduce these negative
results.
Thank you for your concern.
;;;;y;p ~ aJ~
William 1. Willard, Unit E-15
Sue A. Willard, Unit E-15
e
.
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CITY OF
CLEARWATER
LoNG RANGE PLANNING
DEVELOPMENT REvIEW
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
January 06, 2004
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD
DEVELOPMENT APPROVAL AT 3401 BRAESIDE PLACE (FLS2003-12065)
To Surrounding Property Owners:
As a property owner within 200 feet of 3401 Braeside Place, the City of Clearwater Planning Department
gives notice that an application for Flexible Standard Development has been filed for that property. The
request is to permit construction of a 1,300 square foot accessory structure, 25 feet in height, and located
on the rear (southwest) portion of the property under the provisions of Section 3-20l.B.
On January 29, 2004, the Development Review Committee (composed of the City's professional staff)
will review and determine whether the application demonstrates compliance with the City's Community
Development Code. Following that review and determination, the Planning Director will issue a
Development Order approving, approving with conditions or denying the application. The earliest date
that the City will make a decision on the application will be January 29,2004.
The City encourages you to participate in the review process of this application.. You may phone me at
727-562-4539 for further information, visit our office to review the files and/or submit written comments
to be considered in the City's review of the application.
An appeal of the decision of the Planning Director may be initiated by the applicant or property owners
within the required notice area who present competent substantial evidence at, or prior to, the
Development Review Committee meeting (January 29, 2004). An appeal must be filed, including an
appeal fee, with the Planning Department within seven days of the date of the Development Order.
Thank you for your interest in the City of Clearwater's development review process. Please do not
hesitate to contact me should you have any questions. You may access our Planning Department through
the City's website: www.clearwater-fl.com or my direct email addressatbryan.berry@myclearwater.com
E:IPlanning DepartmentlC D BlStandard FlexlPending Cases\3 - Up for the Next DRClBraeside PI 3401 - Spaulding accessory structureIBraeside PI 3401 Notification Letter Fonndoc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRMK HIBBARD, COMMISSIONER (i) BILL]Ol'\SON, COMMISSIONER
"EQUAL EMPLOYMENT A.1\ID AFFIRMATIVE ACTIO" EMPLOYER"
.
.
CITY OF
CLEARWATER
LONG RANGE PLANNING
DEVELOPMENT REvIEW
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
January 5, 2004
Gulf Coast Consulting
Mr. Robert Pergolizzi
13630 58th Street North, #110
Clearwater, FL 33760
RE: Flexible Standard Development to permit a 1,300 square foot accessory structure, 25 feet in height,
and located on the rear (southwest) portion of the property under the provisions of Section 3-
201.B.
Dear Mr. Pergolizzi:
The Planning staff has reviewed your application (FLS2003-l2065) to permit a 1,300 square foot accessory
structure, 25 feet in height, and located on the rear (southwest) portion of the property under the provisions
of Section 3-201.B. After a preliminary review of the submitted documents, staff has determined that the
application is complete.
The Development Review Committee (DRC) will review the application for sufficiency on January 29,
2004 in the Planning Department conference room - Room 216 - on the second floor of the Municipal
Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please
call Sherrie Nicodemus, Administrative Analyst at 727.562.4582 no earlier than one week prior to the
meeting date for the approximate time that your case will be reviewed. You or your representative (as
applicable) must be present to answer any questions that the committee may have regarding your
application.
If you have any questions, please do not hesitate to call me at 727-562-4539.
Sincerely yours,
E:IPlanning DepartmentlC D BlSlandard F1exIPending Casesl3 - Up for the Next DRClBraeside PI 3401 - Spaulding accessory stmctureIBraeside PI 3401 complete letter.doc
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER (1) BILl. JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"