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FLS2003-12065 . . " 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 =--- r;--.1" r ." I~ D 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) '"'NlT .."'....J "; _,01 -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 . . 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 . . 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 . . 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 . . 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 . . 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 , . . . 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 c Page 7 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater Gulf Coast ctSulting, Inc. . <;-.."..,. ~~..'...!"!"""'D. ;.~ '. 'j. ~_-_ -~ f; ;,\11 __ -" :.""11: .... .__._"' Ii :J 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 ~.,....." r~ ;~'~ ,,~- -~ ~ " -~.J~ T December 23,2003 -J ~ -~~ \ 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 $200.00 10. Letters of No Objection. We look forward to the upcoming DRC meeting on January 29,2004. Please contact me if you have any questions. Sincerely, R~~ Principal Cc George and Diane Spaulding Troy Perdue, Johnson, Pope, et. al. File 03-040 . . LEGAL DESCRIPTION Lot 7, Braeside Place Subdivision, acoording to map or plat thereof as recorded in Plat Book 85, Pages 77 & 78, in the public records of Pine lIas County, Florida . .. 1'-. ~~ ;. ~ OEe 2 3 2003 ,...., r~ . I 07/09/2003 01:29 86,54.25 JIGA . PAGE 02/03 . . .. September 2003 To whom it may concern: I am aware of the existing Clear View Zone located on the southern end of Lot 7 at Braeside Place, Clearwater. Given the growth of many proteCted trees over the past 21 years. there is little clear view of the area to date. I am in favor of vacating the Clear View Zone described above. Mr. James Paul, owner 1 Braeside Place Mt. Ray Murray, owner 5 Braeside Place ' Mr. Michael Sbaluly 2 B~ide Place Mr. Tim Diasti 3 Braeside Place Mr: Bill Taylor 4 Braeside Place . . September 2003 To whom it may concern: I am aware of the existing Clear View Zone located on the southern end of Lot 7 at Braeside Place, Clearwater. Given the growth of many protected trees over the past 21 years, there is little cleat view of the area to date. I am in favor of vacating the Clear View Zone described above. ~ Mr. John Jiga, owner 6 Braeside Place ~~ - -- - /$~:U ~~ 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. ., /"" -- I I ) -' -- ,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 . . ORIGINAL FLS2003-12065 3401 BRAESIDE PL Date Received: 12/23/2003 SPAULDING, GEO & DIANE ZONING DISTRICT: LMDR LAND USE: RU ATLAS PAGE: 275A PAID CK.NO~~ ~\~ DATE ~ L3___ __ __ _ ~ M ::E 0 '1:l 0 ~ '(; 0 <= N V) ~ 0 <= <= . -- - 0 0 <= M ... 0 ~ M = 0 <= ... e. - == N M = <= N ~ f'-l == M .J - e ~ f'-l oEl- e " < " " < 0:: " --J <:( ;; -; 2: ... ~ ... Eo-< '1:l = - ~ e ... E-l U) ~ 'Ii> s:: .... ... U s:: ... &: 0 e - ~ '" ~ .... Z = ~ Q) Ct: 15 ~ ~ ~ ~ = s:: ~ 0 C 8 .... ... N 0 -< \0 ~ N .~ ~ - '<:t a. = M ~ I a. t 0 co - ~ 0 Q) :6 ~ '5 z N e Q) N ... E ~ I:: 0 ~ = u ~ +-'- ?""'I u 'E :::l 0 .... 0 0 Q) Q) 0 0.:6 0 f'f'l co 0 0= ~ ....- 0= z . $2 ~ o~ ... = 1::c:'O of'f'l == ~ \0 :::!iE .Q Q) OM ... r-- D::ro;O=: ~N ... 00 < N WU:i=l 0 ...-4 11.=0 0 Q; <c 2: c: '+-< N I-co~ 0 .... 2' ?""'I = Oc:- II.l .. Q ~ zco= ~ CZl ~ en"" 3: =It '-' Z 0.. ..- -; .:.l: ~ _O:::l c.. .~ = en:: 0 " -0.>- ... =:I :I: .- ~ .g CZl I-Q)'O CJ ..... u c: ~ '" ~ CO = ~ ~ ,S CO as ... Q) Q. ;e .~ ~ 'C ... >< (/l.- CI} .- > ~ Q) ~~ Q ~ Q) C ..c ~ ~ ~ 9 '1:l c: ~ 0 u ;:J ~ = <( " ~ .~ ... '<t CZl Eo-< 0 ~ a. a. ... 3 CO ~ ~ .~ ~ 0 ..c: l- V) \0 0 N - I M ~ 0 z 0 '1:l ~ ~ N ~ ~ CI} CZl -= u " ....:l ;,; ... ~ u ~ ~ ~ ... ~ ... s:: U ... ~ e = ~ .... " ~ 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 http://pao.co.pinellas.fl.us/htbinlcgi-scr3?o=l&a=1 &b=1 &r=&s=1 &u=O&p=1 0+29+ 16+ 1... 8/31/2004 e . ,~gT!irffffJc 4.i! Lo, r/{(Jr~_ \\".-,l . lTfrl..F~#~7~_ .. '..::::;~., ~+~~';. ..li,~. '.' \1, -~." ~ <>" "if ~ \,," /ffll'?J"'.......... \'l ~- -,....., '.-", "" ~ .; :-..=....... II r::;- --~ """""':. =- f::)", ",'0'.-- ~It ""~~~-==:::- .,~~~, -", . '1)';r-.. ,",,, .\ -w.~YJ. -4"T;NI' '((V ~'f "".....~...)11E~''l'... ~$'""J'I't 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: ~''''''\'21''~m'7'~ ... .... .,... ..,~ . ..i"~ ...~-. 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 ' 'l181961OIUI1211121314IS~: ,ltEcE~ ""~ . . c.l.0.,/M .;, ~ ._' .n...H,.'....,.'~i.,...- } i II t l i:; q ~ ~- ~ ~ I ~ q i ~ I, F d l.: ~- i' k ! ( I . ~ I ,y I ~.- -' . I . ~, , !' ~ , ! f V VI U t I j Ii: ~ I . e jt~~'~"~W';k-',""""':;'V"';"""""" 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. ... ~ ~1 '0 -2- - - ~J, "Jj.~~~""""ifr""A~~~%~','"~~.:li, jl "t , . \ 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: ~ -... . ../// ,>?\ . ./ - " . ,---. /;':"'_ '.- L / . / Nancy C. MurTay (Seal) oG. Atte& ~ LJ ~ Cl ty C1.erk -3- Y. . . ' . , ?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. -1- ", ~ /' . :; /-. .; 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. Q ,. !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. .,J 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. -2- . .:l . /., ,. ,. //' ,. 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: -; ; ,,' . .."f"'o ---. , , .' ~.~ ': ~ '. . ~ .' " /' , t Sec=eta=y t J ,;"\ \.../ ! ~ i..... .I /". . ~l, ,/, ,~ ,. , P:-es'loent ;/-ry1~ ~.- '. By (C orporate S ea.l)' Si.gnee. sealec. and c.elivered ~ ~e p=esence of: .' I') ~L -, t , .(~ - J--. /f / 'j.,Z....(? -..-/ ' ..J . -;- . :) . . 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 . ,1.'L',~~ ,.~~~LOF 7Jt!:t+.... \t~...~~~~ .~~~ I ~~.-?' .~.~~ ,\ '/ i! ~ ~ ~ ~~.~:: _\' "00:::("- !l\r:':,-~ ~ ....~. ~=-=- 5).. "'I"'~- ~- ~\ ..~~~~+-===- ,,~-: \ -,~ ~"" . .J\ ....... . 7r.~h~"'''''~'\) .... ................~TE~t,.... -"1" 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"