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FLS2003-08038 . . ORIGINAL FLS2003-08038 2959 EAGLE ESTATES CIR W Date Received: 8/19/2003 FINSTAD.. JEFFREY PAl CK. NO. / o~1 DAlE ~ \0.\03 ZONING DISTRICT: LDR LAND USE: RS ATLAS PAGE: 200B !roJ~:_.: .-- !SVl [E.I - IUUI AUG 19 2003 ! .0' f'J\I~NING & DEvELOp::::;';T · ~\) CITY OF CLEARWA1EH , CL WCoverSheet t") ::;s 'C . e- o "; 0 = 0 = 0 ~ 0 = 0 = ,.J ~ t") ~ 0 Q 0 Q .e- ":': .... .... " 0'1 0 = 0 = u = = " ...... N = ...... .... = ...... .... ~ -- c:'! e fI't e fI't u 00 5 5 '<T -< -< -; -; e 'C .... E- Q ~ Eo- 5 Oil ~ .... ~ <.l = .... ~ 0 E .... '" ~ .... ~ = ~ CI) >. I:: ~ e ~ ~ 0 -= = ~ =- += 8 .... .~ <.l N 0. < \Q N 0. ~ ...... co '<T Q) = t") ~ I :6 > 0 ~ ...... '0 0 Q) e E z 0 5 u Q'\ ... ...- .- :J r--- '= E 0 = ~ e li5 Q) QO u 0.:6 = co 0 = ....- = ..$2 III = co = ~ e t-I::"O Z -0 = Q .... ~.- Q) = Q = 0:::15;;::: = ~ = r- Wu:j:l e D..=o = c:l\ <.l t") <C 0. 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AII{j 1 ~ 7!liLi o Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 >- o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION i"g o SUBMIT M'COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE $ 100.00 t4 * NOTE: j!TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION Single Family (LDR or LMDR only) Residential Jnlill Project (Revised 11/05/02) - PLEASE TYPE OR PRlNT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME, -~ ~ ~~() -\- 8Y"Y\'x2('~V) F~ Y\'SkA MAILING ADDRESS: 2. . Q.. CS kk ' c,~ r c...\ We b ~ \ ) PHONE NUMBER: 7a7-7~~- 9)7;;2'1 FAX NUMBER: 7d..1-7~'" - ~ll '1 y4 YV\ 'Y.:>v J V'\ F; VI 'b \- o...d. PROPERTY OWNER(S): 3e ~"e-~ -+ (Must include ALIJ ners) AGENT NAME: MAILING ADDRESS: PHONE NUMBER: FAX NUMBER: CELL NUMBER: E-MAIL ADDRESS: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) 2H5q EOjIe... csMes Circle /).Jesf i-'OT 3~ - EA(\LE' ESTATES ~)\ % JiiJ 2.3ld3 ~/ 001))03~O ~ 2-3 ACl-LS J I 9\ 42 9. ~ Sot",,:t. hL-/. (acres, square feet) , PROPOSED USE(S) AND SIZE(S): I \)ts I DE NT I A L. UN TT (number of dwelling units, hotel rooms or square footage of nonresidential use) '6~7 tD I 0,1 ~a y (.~a-lfY FL-. , STREET ADDRESS: LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: DESCRIPTION OF REQUEST(S): ,ltEDuc..Tlon 0 r- cGs f s,c1f S:(n-~ HloM IS t 0 (f) f (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) ~J \ Fbt 1;- 5 k>l} AdcLt'Ic:.(\., Page 1 of 6 - Flexible Standard Development,Application Single Family Residentiallnfill Project- City of Clearwater . . DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PR"",IOUSL Y 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) '1 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) o Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. ._. - d A J'd' J 11 / . f I" I' P vl'.'> < /fC7< I fro// '-"J e. d tJ.e u ~ <;tdL 77~ t4 lve. /.:v h-:/S a0. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. V'l- ~ / e;f'; c;.l/II CCJ,lt/l?f/JU [) 10 L~ r 38' r N/LL /rJ Nt> ,vb J UI (10:) I1u /At) )#? tf r L5:; k 'l p~ 401dutlr. 5. -fIn UTl-R""{L \.) ~ ; \5. AlvMie../ 0 I (I.. CJ ~ 4. c'4r~e.J ... z.. s'k{(oC.s.. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. / J' .. /! J If ell/u e. e'H-c Qb!?l i- /J/O ~....."/1r"'S o Provide complete responses to the seven (7) RESIDENTIAL INFILL 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. del Add, t:\l\c..l $~R /-vOIGt.c. >tJ T1J.e- Ikv~ Page 2 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . . 2. The development of the parcel proposed for development as a residential infill 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.) fA Ue { q4. f u lu c r {/r/..J11 AJ S'ntv C "fl-}/2.E'.- 7/; + ~~nD\HnJl(1J UNiIT. 3. The uses within the residential infill project are otherwise permitted in the City of Clearwater. d,hOI\l,1 5,' "'''(It.. U)\'t)fb.. M fit 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. lilt: A~ /Vcr Ci~~/rJ4 17K ()Jr tJ,t: /ro,I'o!.r ~; S;jI...,f!:; Aclcl,t1j Sf2f. 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development. A I I /.1 3 ;Xl /7 "". / / I J C c: /-f(..Yr/rl ",. L~/ r /ltTN /."'1op( q ./~.r-T kvt.. /f'/U l'lJU it... d jUt 61 IIu I,fIYJe.S,'- -171 / .. . 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. ---oJ..- r. . /. I 1/'7(: .7U)Lle ~ SCcC( 1< 2)r i1d~J vVtd fV\h{)l\uh, CJVl'li.1r!krt! ~ IlflJ/'~or~coclt' 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. J- "'tlllt.. E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) o STORMWATER PLAN including the following requirements: ~ IPPItftVQI Existing topography extending 50 feet beyond all property lines; "'"'" Of Cl!a_.,.~ Proposed grading including finished floor elevations of all structures; "., J "''''"~ iIiiiI ,C1.Nlt..vv7l......z...... All adjacent streets and municipal storm systems; "lUG lOau _1IUIIS1M <Y..JL"/ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet~;tweture; Stormwater calculations for attenuation and water quality; .. <.-.- /~_. Signature of Florida registered Professional Engineer on all plans and calculatiB" 111 - . . 1 11 . I . .. 9( 'n.-Ie? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER ~1ii'~';:?I~lIiT't'{Jifl\.tQI nRMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable o o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable tn.; j Lcu3 Page 3 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ~ SIGNED AND SEALED SURVEY (including legal description 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); rsI LOCATION MAP OF THE PROPERTY; o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; o GRADING PLAN, as applicable; o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); o COpy OF RECORDED PLAT as a licable' G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) / SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; . Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index#701}; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; 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 (FAR.) for all nonresidential uses. o REDUCED SITE PLAN to scale (8 ~ X 11) and color rendering if pOSSible; fJr!.f),. FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: T' I One-foot contours or spot elevations on site; - Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 4 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . Ai 1['; ;J ,; .' H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-110 o LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom el Delineation and dimensions of all required perimeter landscape buffers' Sight visibility triangles; Delineation and dimensions of all parking areas including landsca Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, b pecies, size and locations, including dripline; Location, size, description, specifications and quantities 0 II existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ound cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or sha Cl and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development a I rrigation notes. REDUCED LANDSCAPE P oval (e.g. conditions imposed by the Community Development Board); o o scale (8 Yz X 11) (color rendering if possible); o o COMPREHENSI 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 Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. I BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Yz X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) o All EXISTING freestanding and attached signs; Provide photographs a dimensions (area, height, etc.), indicate whether they will be removed or to remain. o All PROPOSED freestanding and attached signs; Provid etails including location, size, height, colors, materials and drawing o Comprehensive Sign Program application, as ap . able (separate application and fee required). o Reduced signage proposal (8 Yz X 11) ( or), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-801.C) o Include as required if proposed development will degrade the a ptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition e Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptio this requirement. L. SIGNATURE: STATE OF FLORIDA, COUNTY OF PINELLAS ~ Sworn to and subscribed before me this.' o'1ay of , A.D. 20_ to e and/or by , who is personally known has produced ~ as identification. L D L l- SJ,J- 431-& 7 -o~ -6 YN C( d3....0oa fi V'7iJob-o. ~lty 3/0,.5- , Page 5 of 6 - Flexible Standard Development Applicaf t- City of Clearw ater . . AFFIDAVIT TO AUTHORIZE AGENT: ,'(;::ffi2i:Y ~ ~&(~ V\. 1-, ~s ~ (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): ~ '159 ~I~ ~~ks ~f2C:-1L l)J~ST G\ eQY-lJ0~~ v 7='L ?/t)7to I I 2. That this property constitutes the property for which a request for a: (describe request) ,re('~l.J..c\-i 0 n (:) ~ ~Qc..;\-- c:., i ,\..L ~\aa..cJ:... -brON1 O-d.-~ 0... ,2V1cl S\o't5 o.&d\+-ruYl ( J 5 -1-0 /oJ + 3. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) 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 described 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 this application; 6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. P~~ij p~ STATE OF FLORIDA, COUNTY OF PINELLAS t- S; ~ '3:J~O ctu, 8" ---0~6 -{j FGcl-Tq3111 l-a%~ My Commission Expires: 510( - 31 o~ ffcfq - 3/0S- <t1l f1 0 S day of who having been first duly SWOJ:A-. FL D ~? SUREKHA PAREKH Mi~~~~~~~ONh# DD 092300 BOIldeo Thru N~tary a:~bl!e, 2006 _~~;:::.:::::.;::::::;: __. nderwf/ters ~.............."". Alii"' '11\ ')1103 ,,_,lJ u L,' S:IPfanning DepartmentlApplication Formsldevelopment review\2002 Formslsingle family residential infill application 2002. doc r 0 R ! ~ I ~ 'A L Page 6 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . Jeffrey Ambryn Finstad . 2959 Eagle Estates Circle West Clearwater, Florida 33761 SITE DATA TABLE Item Existing Proposed Land Area (Sq Ft) 18,428.8 18,428.8 Land Area (Acres) 0.423 0.423 Number of Units 1 1 Number ofParkin~ Spaces 4 6 Living Area (Sq Ft) 2,815 4,343 Lanai (Sq Ft) 367 367 Entry (Sq Ft) 120 120 Garage Area (Sq Ft) 380 700 MJG );1 LUU -:'I JEFFREY FINSTAD 2959 Eagle Estates Circle West. Clearwater, Florida 33761 H: 727-723-8724 . C: 727-643-3638 . F: 727-724-8714 . jfinstad@tampabay.rr.com . . September 9,2003 RE: 2959 Eagle Estates Circle West, Clearwater, FL 33761 Dear Development Review Committee, This letter is to address your questions regarding exterior wall material and color of addition. The exterior wall material will be stucco to match the existing home. We will be replacing the existing roof and this may facilitate a color change to the exterior of the house, but it will be a solid color with offsetting trim. Thank you, Jeffrey and Ambryn Finstad ^. I '.~ ,'-> ~ ,,'" aiJd said gia~tO.. dQeS'he~l)YMJy, ... . the Jawful clalm$ ora>> ~rsbn$W~, ~ ',,' '. ~ ; ,- .-~ ,'x "IN WI1N;;';S WtiFJI.fOI'. 'grart~,has ue~to set' ~~il . abOve.wr~n..' ..... . ....,.,. .' "", Witnesses: . ,. . ' -:",..2, . ',;' "..' ~.',.'. ,:''-Co '--1"~1'll~', .'. ,.':' <' . . ~=- ...;.'Y;4/~;";ft;tl{S.i;::],":,._~,:; ',' 't '. ~_'_'. ,,-.,,<,., _. ._..; , ,_ _.; . .. S14TE :l?F:m~"~"~1'6 COUNTY OI'6('c~h.., '.:' TIIE:FO~c(jING INstR~"i.OOl'ACK.' BY BBADLEY; A;:PJ.NSTADANt)'lI,Mli(tJ.pat.t.#~,'" , ,wflo::A~E'PBRSoNAiJ..y 1(NQWN'. ro'M& OR 'iffltt lIAS; : ID~t'FrcATION.," .1, ..,. " . ',j . F'W;;cS. ! 'Al::CT~ .' ....D~S~, ''':-"~:,',, :;~;:: '. FEES q .. '. ,..:~',{,::, . . 1OTAl..~l> ", . . .' ' -.cKSAl.:, t, ~ ,,,, ", :CHG.wr === '. '.~..' .........,",,\ _-.. YIIoi.:o" ~~ .,....~~I, ;1f~' . " {If{ \~~ ,~; ::>~ $,'&.... /8~ ".'0 ...............~ ~ I,. ~\i__- \\,,'....,.....- /^ .'" .---.,;-,,<;. ,:.,;:,':,-..-,y-:' , -. ,',. ,., ','."., ,'. -'-- ':..,:;:,--,:-:,:,-,"-> . >. .r., ',._\.. " :'-'_.'~-, ~~ :.".' -~~-~'__':-'_:.~::'-'::<;~?~-__:;:~'::':_t:'-- '>~:_'\~:~,;o-:::,~;~~~<;_::' :,~,,';<,~-: 'w1d said grahtOt dQes'he..eoy fll1Jy~.thhitk:tQ'Jlltld. ' .' the Ja.wfut claim$ ~fill1 person$wliOmro~Yer:: . . ." . ::. . '. IN'. WI~';"S WtlFPYOf'. . grantor bas t\ci;e.unto 1li:t: .~r1s ~ 'and . , above. wrmen.. . ..... . ~ ", .: . .-J' Witnesses: .' . . . -'~f:t:f1'lt]~..' ..' J..' ~ :::::..... a.-;:.liuj rJ' ".mt?(Sti.t'2;. _~ . .. ~~~' .~: 'j<.<.: . ~~~,J:kt!~.ti;i,:~.t.. " '.' ,:",' ":':~s.l '. ...~- .. AI:C ~ .., "DA2I.~O OS' . ....1N1~:.. ....:',.~-""._.. FEES~,'" . Ml'F' . "'P/C~, ....ReV~. , . l:OtAl. ilUle>> . ' . . . ....cK8AL~ . . 'CHG AMT :.-. " ...::~< . ,J ~. ' AUG 1 9 L003 ..........,"'", --. .-..:0'1 i"~..."";;:~~'\ (It~\i.~ '3; :z" $,i'" fe; I,?..............:"..: I,. ~,,__- \ ",,,....,,-- . Page 1 of 1 . Wells, Wayne From: Wells, Wayne Sent: Saturday, March 05, 2005 8:26 AM To: 'markham' Subject: RE: FLS2003-08038, 2959 Eagle Estates Circle West v 0 lrv Mike - Sorry for the time delay in providing this response. It is quite busy here. 1. Yes, the Development Order does transfer to the new owner. The Development Order was not restricted to the Finstads only. 2. The Development Order for Case No. FLS2003-08038 was issued October 29,2003. Pursuant to Section 4- 303, the Development Order included the requirement that the application for a building permit was to be submitted within one year of Flexible Standard Development approval (which was October 29,2004). In accordance with Section 4-502.A, the filing of the appeal application stayed the effect of the decision pending the final determination of the case, but did not extend the date to submit for a building permit. Section 4-303 provides for a one year time extension to submit for a building permit, but such time extension request must be made within the original time period of validity. There has been no building permit for the expansion of the dwelling, nor a request for a time extension, submitted to-date. Therefore, the the Flexible Standard Development approval under Case No. FLS2003-08038 is now void. Any similar request to reduce the side setback requirement will require the filing of a new Flexible Standard Development application. Wayne -----Original Message----- From: markham [mailto:mmarkham@tampabay.rr.com] Sent: Saturday, January 15, 2005 12:58 PM To: Wells, Wayne Subject: RE: FLS2003-08038, 2959 Eagle Estates Circle West Wayne, As I suspected, my neighbors (the Finstads) put their home up for sale and never did any construction. They now have a contract that will be closing shortly. Can you tell me whether the development order transfers to their buyer? If so, does the development order have a deadline by which construction must commence? Thanks for your help. Mike Markham 3/5/2005 {ILt Eagle Estates Homeowners Association . . . January 28, 2004 ~ l' " .\\ r n () 2UU4 " (" City of Clearwater Community Development Board % Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33756 Dear Community Development Board: ~."' Enclosed is the second notice to respond to the Eagle Estates Homeowners Association Architectural Review Committee. The first notice to submit a complete copy of building plans was mailed to Mr. and Mrs. Jeff Finstad, 2959 Eagle Estates Circle West, Clearwater, Florida 33761 on September, 25, 2003. To this date, we have not received a response from this homeowner. Please be advised that we take our Deed Restrictions seriously and review and vote on any and all requests to change. We know the City of Clearwater Community Development Board tabled the discussion of this issue up to any time before or by the March 16,2004 Community Development Board meeting. We want you to know that up to this point, we have been left out of this decision making process, contrary to the rules of our Deed Restrictions. We are making every effort to get the Finstads to cooperate and comply with the process dictated by our Deed Restrictions. Your cooperation in this matter will be greatly appreciated. Sincerely "J... ~--Z;--:::- President Eagle Estates Homeowners Association-2933 Eagle Estates Circle South, Clearwater, Florida 33761 . . Eagle EstateiHomeowners Association SECOND NOTICE January 28, 2004 Mr. and Mrs. Jeff Finstad 2959 Eagle Estates Circle West Clearwater, Florida 33761 Re: Home Addition Plans H:o U ~ 2004 Dear Mr. and Mrs. Finstad: The Eagle Estates Homeowners Association (the "Association") is in receipt of your request to the City of Clearwater for a variance. The purpose of the variance is to invade the rear setback of your lot in order to erect an additional bay to your garage, and to add a second-story to your current home. Please be advised that according to paragraph 11 of the Association's Deed Restrictions, you are required to submit One (1) complete copy of your building plans to the Architectural Review Committee prior to commencing construction. The Deed Restrictions also require an architectural review fee of $100 to be submitted with the plans. Your compliance to this request as soon as possible would be beneficial to the process. Please keep in mind that approval of your variance request by the City of Clearwater does not exempt you from complying with the Association's Deed Restrictions. We will remain in contact with the City of Clearwater's Community Development Board concerning any further review of this request. Sincerely, -~ ~.' ". ..L.'---... r"\, / . L.---'" ~.. .' n Bremer President Cc: Eagle Estates Homeowners Association Board Cc: Architectural Review Committee Cc: City of Clearwater Community Development Board -, I CITY OF CLEARWATER PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORlDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORlDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW November 6, 2003 Mr. Jeffrey Finstad Mrs. Ambryn Finstad 2959 Eagle Estates Circle West Clearwater, Florida 33761 Re: APP2003-00003, 2959 Eagle Estates Circle West Dear Mr. and Mrs. Finstad: An appeal has been filed (Case No. APP2003-00003) by Michael and Stefanie Markham of the decision of a Level One (Flexible Standard Development) that approved your application reducing the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residential Infill Project, under the provisions of Section 2-103.B (FLS2003- 08038). The appeal stays (places on hold) the approval of the Flexible Standard Development case until the Community Development Board decides the appeal case. The appeal case has been scheduled for the December 16, 2003, meeting of the Community Development Board. The meeting will take place at 2:00 p.m. in the City Commission Chambers, 3Td floor of City Hall at 112 South Osceola Avenue, Clearwater. I am sending to you a copy of the appeal that was filed for your information and use. Should you have any questions, feel free to call me at 727-562-4504. Sincerely, ftZ: ~l~,~~ Senior Planner Cc: Michael and Stefanie Markham (no attachment) Attachment \IMS5cIPDS\Planning DepartmentlC D BIFLEXlPending cases I Up for the next CDB\Eagle Estates Cir W 2959 - Finstad (LDR) - ApprovedlLetter re APP2003-00003 & CDB date 11.6.03.doc BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BlI.LJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND NFIRMATNE ACTION EMPLOYER" . 't . . CQfw-.c4,~ b,C), (tJw\-a. s c~& ~ -",,-.'- 1)~). Ww October 29,2003 Mr. Jeffrey Finstad Mrs. Ambryn Finstad 2959 Eagle Estates Circle West Clearwater, Florida 33761 RE: Development Order regarding case FLS2003-08038 at 2959 Eagle Estates Circle West Dear Mr. and Mrs. Finstad: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On September 18, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residential Infill Project, under the provision of Section 2-103.B. The proposal includes a 1,528 square-foot, two-story addition to an existing single-family residence. 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 a Residential Infill Project per Section 2-103.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. Conditions of Approval: 1. That the property survey be updated prior to the submission for building permits to less out the abutting dedicated rights-of-way; 2. That an oversized roof gutter and drain spout, to direct house and garage roof drainage to Eagle Estates Circle South (not the rear of the lot), be shown on building plans and be installed prior to the issuance of a Final Inspection; .. . . . . October 29,2003 Finstad - Page Two 3. That, to ensure stormwater runoff will not create adverse impacts on the abutting properties, existing and proposed land elevations be submitted for review as part of the permitting process for the addition; 4. That, should the existing hedge along the east property line be damaged or destroyed during construction to the extent of reducing the opacity of the hedge by more than 25 percent, a six- foot high solid fence be installed and maintained along the east property line for privacy purposes (maximum of three feet high within the 25-foot front setback area); and 5. That the final design of the building, including window banding, be consistent with the conceptual elevations submitted and the color of the dwelling be consistent throughout. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with above five conditions. The approval is based on and must adhere to the site plan and application dated received August 19, 2003. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (October 29, 2004). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The 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. Pursuant to Section 4-502.A, an appeal may be initiated within seven days of the date the Development Order is issued by an applicant or property owners within the required notice area and who presented competent substantial evidence in the Level One review. A copy of the Development Order is being sent to those surrounding property owners who presented competent substantial evidence in the Level One review. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on November 5,2003 (seven days from date of Development Order). " , l .. . . If' October 29,2003 Finstad - Page Three If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Senior Planner, at 727-562-4504. You can access zoning for parcels within the City through our website: www.clearwater-fl.com. * Make Us Your Favorite! Sincerely yours, Cynthia H. Tarapani, AICP Planning Director CC: Michael and Stefanie Markham John and Karen Sullivan IIMS5clPDSIPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRCIEagle Estates Cir W 2959 - Finstad (LDR)IEagle 2959 Development Order. doc , ..' .. ",-- . . CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LoNG RANGE PLANNING DEVELOPMENT REvIEW October 29,2003 Mr. Jeffrey Finstad Mrs. Ambryn Finstad 2959 Eagle Estates Circle West Clearwater, Florida 33761 RE: Development Order regarding case FLS2003-08038 at 2959 Eagle Estates Circle West Dear Mr. and Mrs. Finstad: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On September 18, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residential Infill Project, under the provision of Section 2-103.B. The proposal includes a 1,528 square-foot, two-story addition to an existing single-family residence. 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 a Residential Infill Project per Section 2-103.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. Conditions of Approval: 1. That the property survey be updated prior to the submission for building permits to less out the abutting dedicated rights-of-way; 2. That an oversized roof gutter and drain spout, to direct house and garage roof drainage to Eagle Estates Circle South (not the rear of the lot), be shown on building plans and be installed prior to the issuance of a Final Inspection; BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL)ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" ....... .. . . October 29,2003 Finstad - Page Two 3. That, to ensure stormwater runoff will not create adverse impacts on the abutting properties, existing and proposed land elevations be submitted for review as part of the permitting process for the addition; 4. That, should the existing hedge along the east property line be damaged or destroyed during construction to the extent of reducing the opacity of the hedge by more than 25 percent, a six- foot high solid fence be installed and maintained along the east property line for privacy purposes (maximum of three feet high within the 25-foot front setback area); and 5. That the final design of the building, including window banding, be consistent with the conceptual elevations submitted and the color of the dwelling be consistent throughout. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with above five conditions. The approval is based on and must adhere to the site plan and application dated received August 19, 2003. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (October 29, 2004). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The 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 ofthis letter with you when applying for any permits or licenses that require this prior development approval. Pursuant to Section 4-502.A, an appeal may be initiated within seven days of the date the Development Order is issued by an applicant or property owners within the required notice area and who presented competent substantial evidence in the Level One review. A copy of the Development Order is being sent to those surrounding property owners who presented competent substantial evidence in the Level One review. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on November 4,2003 (seven days from date of Development Order). 1J.;. ... . . October 29,2003 Finstad - Page Three If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Senior Planner, at 727-562-4504. You can access zoning for parcels within the City through our website: www.clearwater-fl.com. * Make Us Your Favorite! Cynthia H. Tarapani, AICP Planning Director CC: Michael and Stefanie Markham John and Karen Sullivan I\MS5c1PDSIPlanning DepartmentlC D BIStandard FlexlPending Cases\3 - Up for the Next DRCIEagle Estates Cir W 2959 - Finstad {LDR}IEagle, 2959 Development Order. doc ~ . ~. '. . . . DRC Meeting Date: Case Number: Agenda Time: Applicant: Address: September 18. 2003 FLS2003-08038 10:00 am Mr. & Mrs. Jeffrev and Ambryn Finstad 2959 Eagle Estates Circle West CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT FILE COpy GENERAL INFORMATION: REQUEST: Flexible Standard Development approval to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residential Infill Project, under the provision of Section 2-103.B. EXISTING ZONING: Low Density Residential (LDR). EXISTING LAND USE: Residential Suburban Classification (RS). PROPERTY USE: Current Use: Proposed Use: Single-family residential Single-family residential ADJACENT/ZONING LAND USES: North: West: East: South: Single-family residential Single-family residential Single-family residential Single-family residential CHARACTER OF THE IMMEDIATE VICINITY: Single-family dwellings dominate the immediate vicinity. ANALYSIS: The 0.423-acre site is located on the east side of Eagle Estates Circle West, approximately 400 feet south of Eagle Estates Circle North. The site is zoned LDR, Low Density Residential District and is located within a single-family residential subdivision. The site is a comer lot and contains an existing 2,815 square-foot, single-story, single-family dwelling, including a two-car garage. The site has an existing, two-car wide driveway on Eagle Estates Circle South, which also provides access to a circular driveway on the south side of the house. The lot is 93.5 feet by 140 feet (approximately 13,040 square feet), which is nonconforming to current lot width and area standards. When originally platted, the lot included the private street rights-of-way of Eagle Estates Circle West and Eagle Estates Circle South. These streets were dedicated to the City of Clearwater a number of years ago as public rights-of-way. The survey submitted shows the property lines extending to the centerline of the rights-of-way, which should be updated to less out the rights-of-way. The Community Development Code provides for comer lots to have two front setbacks (abutting street rights-of-way) and the other "sides" to be side setbacks (no rear setback). This subdivision includes single and two-story dwellings, all with at least a two-car garage, but many with three-car garages. The proposal includes constructing a 1,528 square-foot, two-story addition, including a third car garage (with a driveway extension) in association with the existing single-family dwelling on the east side of the house. The second floor of the addition is intended for two bedrooms, an exercise area and a media room. The house and driveway are presently set back 20 feet from the east property line. The applicant proposes the addition at a side setback from the east property line of 10 feet. The Code requires a minimum 15 feet side setback. The applicant has submitted surveys from various lots within this subdivision verifying side setbacks between 10 and 15 feet. The applicants' own house is set back 10.5 feet from the north property line. When determining the community character regarding setbacks, I IMS5clPDSIPlanning DepartmentlC D BlStandard FlexlPending Casesl2 - Reviewed and PendingI09-18-03 DRCIEagle Estates Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 1 of6 , . . Planning staff has relied upon verification of similar setbacks within the neighborhood, and not in a particular direction. Two homeowners within this subdivision have submitted letters of objection to the proposal, including the property owner directly to the east of the subject lot, with the following issues: 1. Conformance with the subdivision deed restrictions - The City does not enforce deed restrictions, which may be more restrictive than City Codes. The applicant will also need to obtain approval of the proposal from the homeowner's association. 2. Determination of required setback - As stated above, this is a comer lot, which requires compliance with front setbacks abutting street rights-of-way and side setbacks on the other "sides" (in this particular case). The Code does not require a rear setback for a comer lot. 3. Dwelling size and height - So long as the dwelling meets the required setbacks (or obtains variances to build closer to property lines), building height and the impervious surface ratio, a property owner may build as large a dwelling as possible. The Code does not set a size restriction. The maximum building height in the LDR District is 30 feet, measured for a pitched roof to the mid-point of the roof. In this case, the proposed height is 26 feet. 4. Second floor windows - The property owner to the east is concerned with second floor windows facing his property and the loss of privacy, wherein he has suggested frosting the windows. Most zoning codes generally provide for two-story single-family dwellings and do not require fencing for the first floor (usually a maximum six-foot high fence may be installed by property owners along side and rear property lines for privacy, security or to protect pools) nor frosting of windows for second floor windows. From a general and fire safety standpoint, windows should be viewable (allowing views to the outside or from the outside in, except for any window treatments such as drapes), except for bathroom windows. The property owner to the east is also concerned that the windows be framed similar to existing windows. Based on photographs of the existing dwelling and proposed building elevations, proposed windows will be banded similar to existing windows. 5. Impervious surface ratio (ISR) - Calculation of the ISR, not including the abutting rights-of-way, indicates an existing ISR of 0.52 and a proposed ISR of 0.56, still below the maximum of 0.60. 6. Drainage - The property owner to the east is concerned with water runoff onto his property due to the proposal to build within 10 feet of the common property line. Stormwater Engineering has recommended inclusion of a condition to require an oversized roof gutter and drain spout for the house and garage roof to direct roof drainage to Eagle Estates Circle South and not the rear of the lot. To ensure stormwater runoff will not create adverse impacts on the abutting properties, existing and proposed land elevations should be submitted for review as part of the permitting process. 7. Construction fencing - For safety concerns, the property owner to the east desires a construction fence to minimize the possibility of an attractive nuisance to his children. The Building Code requires construction sites to be maintained in a safe condition. If in the determination of the Building Inspector the site is not safe, the inspector could require safety measures be implemented. 8. Construction cost - Construction costs are a market-based issue. For plan examination and permitting fees, costs are based on the value of the project. 9. Existing hedge along the east property line - There is an existing hedge of at least six feet in height along the east property line on the subject parcel. The property owner to the east, as well as the subject property owner, desire privacy. The property owner to the east also is concerned with car lights shining into their yard and odors from a trash container (most likely to be stored on the east side of the dwelling, much as it is today). Section 3-201.D.1 requires trash containers and outdoor mechanical equipment to be screened, which may accomplished with fencing or hedging. There is no provision under City Code to require the installation of any hedge or fence for privacy in a single-family subdivision, except potentially along the outside perimeter of a subdivision. The applicant desires to retain the existing hedge. From a fencing standpoint, the maximum height of a fence or wall along is six feet. Should the existing hedge be damaged or destroyed during construction reducing the opacity of the hedge by more than 25 percent, then a six-foot high solid fence should be installed and maintained along the east property line for privacy purposes (maximum of three feet high within the 25-foot front setback area). 10. Construction timing - The property owner to the east is concerned with the length of time construction could take, the hours of the day for construction and whether there would be a port-a-let and a \IMS5c1PDSIPlanning DepartmentlC D BlStandard FlexlPending Cases\2 - Reviewed and PendingI09-18-03 DRCIEagle Estates Or W 2959 - Finstad (LDR) IEagle 2959 Staff Report. doc- Page 2 of 6 .: i '. , . . construction dumpster. Generally, for a project as proposed, construction should take no more than six months. City Code restricts the hours of the day and the days of the week for construction to 7 am to 6 pm, Monday through Saturday. Most likely, a port-a-let will be provided for construction workers and there will be a construction dumpster. All applicable Code requirements and criteria including but not limited to General Applicability criteria (Section 3- 913) and Residential Infill Project criteria (Section 2-103.B) have been met. CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with this site. STANDARDS AND CRITERIA: STANDARD REQUlRED/ EXISTING PROPOSED CONSISTENT INCONSISTENT PERMITTED MAXIMUM One dwelling unit One dwelling One dwelling unit Yes DENSITY unit IMPERVIOUS 0.60 0.52 0.56 Yes SURFACE RATIO (ISR) LOT AREA 20,000 square feet 13,040 square 13,040 square Yes* (minimum) feet feet LOT WIDTH 100 feet 93.5 feet 93.5 feet Yes* (minimum) FRONT West: 25 feet West: 30 feet West: 30 feet Yes SETBACK** South: 25 feet South: 30 feet South: 30 feet REAR SETBACK N/A (Corner lot) N/A N/A N/A SIDE SETBACK East: 15 feet East: 20 feet East: 10 feet Yes North: 15 feet North: 10.5 feet North: 10.5 feet HEIGHT 30 feet 16.75 feet 26 feet Yes (maximum) PARKING Two spaces/unit Six spaces (two Eight spaces Yes SPACES in garage; four (three in garage; in driveway) five in driveway) *Lots in this subdivision originally included half of the abutting 50-foot wide private right-of-way, which was dedicated a number of years ago to the City of Clearwater. This lot is now a nonconforming lot. **Front setbacks are measured from the front property line and do not include any of the dedicated right-of-way. I IMS5clPDSIPlanning DepartmentlC D BlStandard FlexlPending Casesl2 - Reviewed and Pending\09- J 8-03 DRCIEagle Estates Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 3 of6 ., - . '. ". . . FLEXIBILITY CRITERIA (Section 2-103.B): Consistent Inconsistent 1. Development or redevelopment of the parcel IS impractical without deviations from the intensity and development standards; [ ] [X] 2. Development of the parcel as a residential infill project will not materially reduce the fair market value of abutting properties; [ ] [X] 3. Uses within the residential infill project are permitted in the district; [ ] [X] 4. Uses within the residential infill project are compatible with adjacent land uses; [ ] [X] 5. Development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; [ ] [X] 6. Design of the residential infill project creates a form and function which enhances the community character of the immediate vicinity; [ ] [X] 7. Flexibility in lot width, setbacks, height and off-street parking are justified. [ ] [X] IIMS5clPDSIPlanning DepartmentlC D BIStandard FlexlPending Casesl2 - Reviewed and PendingI09-18-03 DRCIEagle Estates Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 4 of6 .... ... . . GENERAL STANDARDS (Section 3-913): 1. Development of the land will be m harmony with the scale, bulk, coverage, density and character of adjacent properties. Consistent Inconsistent [X] [ ] 2. Development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. [X] [ ] 3. Development will not adversely affect the health or safety of persons residing or working in the neighborhood. [X] [ ] 4. Development IS designed to mmmuze traffic congestion. [X] [ ] 5. Development IS consistent with the community character of the immediate vicinity. [X] [ ] 6. Design of the proposed development numrmzes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. [X] [ ] \IMS5c1PDSIPlanning DepartmentlC D B\Standard FlexlPending Cases\2 - Reviewed and Pending\09-18-03 DRCIEagle Estates Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 5 of6 .. t. .,. .... ~ ... . . SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on September 18, 2003. The Planning Department recommends APPROVAL of the Flexible Standard Development application to reduce the side ( east) setback from 15 feet to 10 feet for a two-story addition, as a Residential Infill Proj ect, under the provisions of Section 2-103.B for the site at 2959 Eagle Estates Circle West, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Standard Development criteria as a Residential Infill Project per Section 2-103.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. Conditions of Approval: 1. That the property survey be updated prior to the submission for building permits to less out the abutting dedicated rights-of-way; 2. That an oversized roof gutter and drain spout, to direct house and garage roof drainage to Eagle Estates Circle South (not the rear of the lot), be shown on building plans and be installed prior to the issuance of a Final Inspection; 3. That, to ensure stormwater runoff will not create adverse impacts on the abutting properties, existing and proposed land elevations be submitted for review as part of the permitting process for the addition; 4. That, should the existing hedge along the east property line be damaged or destroyed during construction to the extent of reducing the opacity of the hedge by more than 25 percent, a six-foot high solid fence be installed and maintained along the east property line for privacy purposes (maximum of three feet high within the 25-foot front setback area); and 5. That the [mal design of the building, including window banding, be consistent with the conceptual elevations submitted and the color of the dwelling be consistent throughout. Prepared by: Planning Department Staff: ~ ATTACHMENTS: Application \IMS5c1PDSIPlanning DepartmentlC D BlStandard FlexlPending Casesl2 - Reviewed and Pending\09-18-03 DRCIEagle Estates Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 6016 . .. .' . LL 0 >- f- - (j TO: FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 -::~nh~_31(1 FAX: Phone: Gf 4- 2- - b73 '?:, FROM: \-)~ V"L_Wt\\1 Phone:~(Q 2- - 1- S\)4- ) DATE:~lJ)13()J'\)3 RE: 2-~r~ ~~~*-s Gr.LJ~ MESSAGE: <;+-,Aff- ~ot+ + D. D. .F YI NUMBER OF PAGES(INCLUDING THIS PAGE) It) f . ~ , DATE, TIME FAX NO./NAME DURA TI ON PAGE(S) RESULT MODE ANSMISSION VERIFICATION REPORT 10130 14: 57 99443711 00:04:54 10 OK STANDARD ECM TIME 10/30/2003 15:02 NAME PLAN FAX 7275524575 TEL 7275524557 . . From: Wells, Wayne Sent: Thursday, October 30, 2003 11 :22 AM To: 'mmarkham@tampabay.rr.com'; karen@jadon.com Cc: Tarapani, Cyndi; Fierce, Lisa; Gerlock, Frank Subject: FLS2003-08038, 2959 Eagle Estates Circle West To: Mike and Stefanie Markham John and Karen Sullivan The Planning Department has analyzed the Flexible Standard application listed above. A copy of the staff report is attached for your information. Your comments and concerns have been reviewed as part of the analysis and, where appropriate, conditions have been added. The Planning Department has approved the application, with conditions, and a copy of the Development Order is also attached. A signed copy of the Development Order is being mailed to each of you. In accordance with Section 4-502.A, an appeal may be initiated by either of you (or both) within seven days of the date of the Development Order (deadline to appeal is by 4:30 pm on November 4,2003). Should either (or both) of you file an appeal, which will then be scheduled to be heard by the Community Development Board (CDB), such filing of the appeal will stay the effect of this decision, pending the final determination by the CDB. There is an appeal application form available from the Planning Department should you plan to appeal, and the fee is $100. The appeal must provide the justification to overturn the decision of the Planning Department. Should you have any questions, feel free to contact me at 562-4504 or by email. Wayne Wells, AICP Senior Planner i@J Ii@] Eagle 2959 Staff Eagle 2959 Report.doc ~velopment Order.d ~ View looking north at east property line View looking north at dwelling View looking northeast at dwelling 2959 Eagle Estates Circle West FLS2003-08038 View looking north at dwelling View looking east at north property line 1 . I I ~ ~-- View looking northwest toward subject property looking at 2980 Talon Drive ~'" '" '- .... View looking southwest at 2901 Eagle Estates Circle South 2959 Eagle Estates Circle West FLS2003-08038 . r--- --- . View looking south at 2905 Eagle Estates Circle South <#-J I 1- _ _ I J View looking west at 2950 Eagle Estates Circle West 2 10:00 a.m. Case: FLS2003-0803~59 Eagle Estates Circle West a Owners/Applicants: ~y and Ambryn Finstad (2959 Eagle Estates ~e West, Clearwater, FL 33761; phone: 727-723-8724; fax: 727-724-8714). Location: 0.42-acres located on the east side of Eagle Estates Circle West, approximately 400 feet south of Eagle Estates Circle North. Atlas Page: 200B. Zoning: LDR, Low Density Residential District. Request: Flexible Standard Development approval to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition, as a Residential Infill Project, under the provisions of Section 2-103.B. Proposed Use: A 1,528 square-foot, two-story addition to an existing single-family dwelling. Neighborhood Association: None. Presenter: Wayne M. Wells, AICP, Senior Planner. Attendees included: City Staff: Frank Gerlock, Wayne Wells, Bryan Berry, Scott Rice, Duanne Anderson and Rick Albee ApplicantlRepresentative: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No comments 2. Stormwater: a) House and garage roof are to have an oversized roof gutter and drain spout that direct roof drainage to Eagle Estates Circle South and not the rear of the lot. Show compliance on building plans prior to the issuance of building permit. 3. Traffic Enf!ineerinf!: a) No comments 4. General Enf!ineerinf!: a) No comments 5. Planninf!: a) No comments 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) No comments 11. Landscapinf!: a) No comments NOTES: Development Review Committee - Action Agenda -Thursday, September 18, 2003 - Page 5 III . CD . ,j Lb+ . i: 9 3. 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Page 1 of2 Wells, Wayne From: JohnL612@aol.com Sent: Wednesday, September 17, 2003 9:25 PM To: wayne.wells@clearwater-f1.com Cc: karen@jadon.com Subject: 2959 Eagle Estates Circle West Dear Wayne, We live at 2970 Eagle Trail in the Eagle Estates subdivision in Clearwater. Recently, we received a notice informing us that our neighbors at 2959 Eagle Estates Circle West (FLS200308038) had applied for flexible standard development approvaL requesting a ten foot setback on the east side of their property. We are very much opposed to this request for many reasons: (1) We have lived in this subdivision for sixteen years now, and have seen many owners apply for variances. These were denied time and time again over the years, so that the true integrity of the neighborhood would always be maintained. In fact, I, Karen Sullivan, was the real estate agent of record when this property was sold to the developers back in the 1980' s. It is very important for you to know that the developers spent many long days with their attorneys to develop strict deed restrictions so as to maintain a consistency in the neighborhood with house sizes, setbacks etc. which would protect all future homeowners. These restrictions/setbacks are important to all of us. Owners should not be allowed to deviate from them, as they help maintain the privacy, value and character of this neighborhood. Allowing a variation from a setback would truly be a mistake and create an eyesore among us. The proposed size and location of this particular home would be overwhelming for this corner lot.. .too big of a house on too small of a lot with fewer feet between the homes. It makes no sense whatsoever......The neighbors to the rear of this property (Markham) would be most adversely affected if you grant this request because the houses would be much too close and the value of their home would decline greatly. (2) If you do grant this variance, it wfll open the flood gates for other owners to approach you and ask for similar variances to side, front or rear setbacks and possibly,even height restrictions. Where would it stop? The entire beauty and conformity of this well establishe,d neighborhood would be lost. This would be a tragedy to many of us homeowners who have worked so hard over the years to maintain. Please look at the history of previous variance requests from Eagle Estate homeowners, and you will clearly see the word . DENIED" over and over again. (3) No other corner lots in this subdivision have this large of a house constructed on them and neither should this one. Another issue to consider is water runoff....the flow of the water would also be adversely affected. No hardShip will be created if you deny this request for the owners of this lot...simply stated, they are trying to construct too large of a house on too small of a lot. There is no hardship for them........ Please help maintain the consistency of our neighborhood and deny this request. Granting it, will negatively affect many of us here. We as homeowners have a large investment in our neighborhood and do not want anything to become an eyesore or an adversity now. For over twenty years I a presidence has been set in Eagle Estates that we, as homeowners, need to respect and honor the "ground rules".....please continue this tradition and keep the same rules for everyone...... 9/1812003 t . ,. t' . . Page 2 01'2 Thank you for your time and cinsideration. John & Karen Sullivan 2970 Eagle Trail Clearwater,FI 33761 9/18/2003 .,. .~, .... - . . Page 1 of2 Wells, Wayne From: markham [mmarkham@tampabay.rr.com] Sent: Wednesday, September 17, 200310:57 PM To: Wells, Wayne Cc: markham; Mike C. Markham Subject: Re: FLS2003-08038 - Flexible Standard Development Approval Please accept this e-mail as an objection to the above-referenced application. Please contact me immediately at my office 461-1818 or on my cell phone 480-5118 if my attendance at the September 18 meeting is appropriate or necessary. These comments are in addition to my e-mail to you dated September 9,2003. 1. After review of every house in the neighborhood, we do not believe the requested approval, if granted, would be consistent with the homes in Eagle Estates. The applicants wish to increase the square footage of their home by 1500 square feet (from 3124 to 4624). Such a size increase is inconsistent with the entire neighborhood, the internal lots and the corner lots. My information is taken from the Property Appraiser's web site. There are 56 homes in Eagles Estates - 32 external lots that border the surrounding golf course; 23 internal lots (like the subject);and 2972 Eagle Estates Circle East (which is actually 4 lots). The home at 2972 is 7499 square feet and has been excluded from my analysis as extraordinary. The average size of an external lot is 3515 square feet. The average size of an internal lot is 3189. The average for all lots is 3378. Only 8 lots in Eagle Estates exceed 4000 square feet; none of which are internal lots. Not surprisingly, 4 of the 8 are located on pie-shaped lots in the outer corners of the neighborhood (lots 7,19,24 and 33). The largest internal lot home is 3834 square feet. If approved, the applicant would have the 4th largest home in the neighborhood. The applicant's home would dwarf the adjacent homes (lots 37, 39 and 40). In short, it will be a monstrosity on a smaller corner lot located only 10 feet from our rear property line. 2. We understand that the applicant has submitted various surveys to support the request for a 10 foot "side" setback. While the City might consider it a "side" setback, it's a rear setback to our property. If granted, a two- story wall will be only 10 feet from our rear property line and directly facing/overlooking our back yard, potential pool area and screened lanai. There are only 8 lots in Eagle Estates that are similar to ours and the subject (lots 38, 39, 34, 43, 44, 53, 48 and 49). None of those lots has a rear setback of less than 20 feet (consistent with our deed restrictions). None of those lots has a second story wall only 10 feet from their neighbor's property line. The most recently constructed home (lot 44) in Eagle Estates has no second story at the back of the home and is set back 20 feet. Our property and its value will be adversely affected if the application is granted. 3. The last house constructed in Eagle Estates (lot 44) is a corner lot similar to the applicant. The rear of the house is 20 feet from the rear property line. When the house was constructed, there were major issues with runoff and soil movement. At that location, there is a short retention wall to protect the neighboring property owner from the impact. We too have concerns about runoff, flooding and soil movement. Simple inspection of the property line reveals that our property will be impacted by new construction only 10 feet away. Our back yard could become a regular flood area. The homes along the western border of Eagle Estates (across the street from the applicant) have had flooding problems and many have installed French drains along the property lines. We requested the applicant to insure us that he would handle any flooding issues created by his construction. He refused to do so stating the the City had required special gutters and that was sufficient. The applicant's current home is basically touching the setbacks on all sides now and has a circular driveway. After adding 10 more feet of garage and driveway (adjacent to our property), the applicant's property will certainly have the least amount of impervious surface area in the entire neighborhood. 4. We have serious safety concerns for our small children (7 and 10). A two-story construction site only 10 feet away with no fencing will be an attractive nuisance. For that matter, a typical wind could easily blow construction material to the location of my children's swing set. There are pictures in your file that show the proximity of the swing set. 5. We requested the applicant to agree to keep and maintain the current hedge both during and after construction. He is not willing to permanently keep and maintain the hedge. As you know, there is no fence and some day soon there may be no hedge - I suspect it would be destroyed by fungus from water accumulating at its 9/18/2003 ." ., . . Page 2 0[2 base. In the 10 foot area between the new construction and the property line will be two AlC units, a side door with a light, and trash can area - separated only by an uncertain hedge. Our screened lanai directly faces this area. With the new driveway addition, headlights will regularly shine into our lanai and the back of our home. Our master bedroom and daughter's bedroom face that same area. There are issues of noise, lights and odor. I don't know how to solve these problems short of denying the application. None of the 8 similar corner lots has similar characteristics of this type. Again, our property and its value will be adversely impacted. 6. Eagle Estates is a mature neighborhood where construction of this type has not occurred. To my knowledge, no similar request has ever been made or granted. If granted for this particular lot, it could become precedent for all lots and potentially change the current landscape of the neighborhood forever. Respectfully, the City should deny the application. Thank you for your consideration. We have studied this issue carefully and discussed the application with our neighbors at length. We are happy to meet with the committee to elaborate. Michael and Stefanie Markham 2960 Talon Drive Clearwater, FL 33761 (727) 796-5076 mm~r]:l1B.r:n@1~mp-abay. rr-,-com 9/1812003 " , . . Page 1 of3 Wells, Wayne From: markham [mmarkham@tampabay.rr.com] Sent: Tuesday, September 09,200310:19 PM To: Wells, Wayne Subject: Re: FLS2003-08038 - Flexible Standard Development Approval Wayne- I spoke with Mr. and Mrs. Finstad this evening about their plans and some of my concerns. Needless to say, all of my concerns are not completely allayed. I will attempt to outline the major concerns in no particular order. 1. The thought of construction only ten (10) feet from my property line is hardly pleasant. I have two small children (girls 7 & 10). Their swing set is only a few feet away. While there is a hedge; there is no fence. For that matter, I don't know if the hedge will need to be destroyed to complete the construction. Bedrooms (upstairs) and eating area/family room (downstairs) are on the back of my house - the noise will be an issue. Are there time limits on how long construction of this type can go on? Will my family be awakened every morning to the sound of construction vehicles? Will there be a port-a-Iet, a dumpster and construction workers a few feet from my children's play area? 2. Our Association deed restrictions call for a twenty (20) foot rear setback. While I understand that the Code considers it a "side" setback, it is no mistake that the Finstad's house was built exactly twenty (20) feet from the rear lot line. It is my understanding that the Association has never granted a variance from the setbacks. Shouldn't Association approval be sought first? Also, the deed restrictions call for a twenty-five (25) foot maximum height from the slab. The elevation plans shown to me indicat~ a twenty-six (26) foot mean height. 3. There are two windows facing my property on the second story plans. As previously noted, these windows create privacy concerns. This concern could potentially be solved if the glass was not transparent, i.e. frosted. It would also be nice if the windows were framed similar to the other windows on the house. 4. Mr. Finstad indicated that he has found a contractor to do the work for only $85/foot. Does that sound typical to you? I was recently quoted almost $150/foot to enclose my lanai. Does the City require similar quality construction to what is already there? 5. With the back of their house only ten (10) feet from my property, I have a concern about flooding and runoff. Upon inspection of the property, it appears obvious that the land for the expansion will have to be raised and leveled with house. Their remaining ten (10) feet will flow more steeply and directly into my back yard. Will a wall or drain be required? During construction will anything be done to prevent my back yard from becoming a mud pit when it rains? This was a serious issue with the last house constructed in our neighborhood. Willi be indemnified from any damage to my lawn or property? 6. The remaining ten (10) feet will likely house a trash can and an air conditioning unit - again less than ten (10) feet from my property line. Will these be screened by anything other than the hedge? 7. What is the nature of the meeting on September 18? Am I expected to appear and present evidence at this meeting? Is there a specific time and place? The notice was not clear on these points. Thanks for your prompt response. Mike Markham ----- Original Message ----- From: Wells, Wayne To: 'markhalTl~ Sent: Sunday, September 07,20039:48 PM 9/1012003 \ . . Page 2 of3 Subject: RE: FLS2003-08038 - Flexible Standard Development Approval Mike & Stefanie - 1. In the LDR, Low Density Residential District, the required front setback is 25 feet, the required side setback is 15 feet and the required rear setback is 25 feet. 2. The City does not enforce deed restrictions. 3. The Finstads have submitted a survey of their property, which shows a 25-foot front setback to Eagle Estates Circle West, a 28-foot front setback to Eagle Estates Circle South, a 20-foot side (east) setback from the house to the east property line and a 1 0.5-foot side (north) setback from the house and pool deck to the north property line. 4. The City can include conditions on the approval of a request. 5. The second floor facing your property is proposed with two windows (presumed to be bedroom windows) and a ground floor door (presumed from the garage). 6. A solid fence could be required to be installed along the common property line (if one does not exist yet) as a condition of approval. This fence would not, however, address second floor windows and privacy. Fences and hedges normally don't, or can't, help with second floor situations. I have not yet been by the property, but I will look at your concern. Potentially, a way to address your concerns of privacy would be through the planting of additional trees, whether on your property or on the Finstads. This may not be an immediate cure, as the trees would have to grow to provide a measure of privacy. Keep in mind that your neighbor to the north could construct a second-floor addition (if they presently don't have one) and potentially create privacy issues for you also. You, too, could construct a second floor (if you don't presently have one) and create the same privacy issues for your neighbor. Generally, Codes provide for a maximum height of buildings and assume some loss of privacy due to second, or third, stories. Am willing to talk and look at your concern. Let me know. Wayne Wells -----Original Message----- From: markham [mailto:mmarkham@tampabay.rr.com] Sent: Sunday, September 07,20039:26 PM To: Wells, Wayne Subject: Re: FLS2003-08038 - Flexible Standard Development Approval Thank you for your prompt response. I never expected one on a Sunday. Can you tell me what the front setbacks are in the Code? Also, does the City consider the Association deed restrictions? I know that our restrictions call for a twenty (20) foot rear setback. Does your site plan show the current location of the house? I would be interested to know all four of the current setbacks for the Finstad's house. It is my understanding that the current rear (east) setback is twenty (20) feet. That would mean that they want to get ten (10) feet closer. Does the City typically require conditions to the application, i.e. hedging, fencing, etc. One of my concerns is that they will have a second story only ten (10) feet from my back yard. That creates some privacy issues that can't really be solved by a typical fence or hedge. Thanks again for your prompt answers. Mike & Stefanie Markham ----- Original Message ----- From: Wells. Wayne To: 'markham' Sent: Sunday, September 07,20037:20 PM Subject: RE: FLS2003-08038 - Flexible Standard Development Approval Mike and Stefanie - The subject property at 2959 Eagle Estates Circle West, owned by Jeffrey and Ambryn Finstad, is a corner lot. Your lot is also a corner lot. The Community Development Code (Code) provides that 9/1 0/2003 . . I, . . Page 30[3 corner lots have, for setback purposes, two front setbacks (adjacent to the street frontages) and the other sides are side setbacks. The Code does not consider corner lots to have a rear setback requirement. Therefore, only a side setback is required from the common lot line between your two properties. Their request is to reduce the side (east) setback from 15 feet to 10 feet (getting closer to your property line by five feet) with a two-story addition. I hope this answers your questions. I have a site plan and building elevations for the Finstad's proposal. If you would like to view it, please call me so we can set up a time to get together. Wayne Wells -----Original Message----- From: markham [mailto:mmarkham@tampabay.rr.com] Sent: Sunday, September 07, 20034:38 PM To: wayne.wells@c1earwater-f1.com Subject: FLS2003-08038 - Flexible Standard Development Approval We are in receipt of your letter dated September 3, 2003, concerning the above-referenced application for 2959 Eagle Estates Circle West. My family resides at 2960 Talon Drive - the property to the immediate rear of the applicant. Your letter references a request to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition. The east boundary is actually the rear setback (not the side). I need to understand what is being requested as a two-story addition would not seem to implicate the rear property line unless of course the applicant is planning to expand in our direction. Please advise. E-mail at this point is fine. Stefanie can be reached during the day at 796-5076. Mike at 461-1818. Thanks. Mike & Stefanie Markham 9/10/2003 ..-W.. ...lIt . . Page 1 of 1 From: Wells, Wayne Sent: Sunday, September 07,20037:20 PM To: 'markham' Subject: RE: FLS2003-08038 - Flexible Standard Development Approval Mike and Stefanie- The subject property at 2959 Eagle Estates Circle West, owned by Jeffrey and Ambryn Finstad, is a corner lot. Your lot is also a corner lot. The Community Development Code (Code) provides that corner lots have, for setback purposes, two front setbacks (adjacent to the street frontages) and the other sides are side setbacks. The Code does not consider corner lots to have a rear setback requirement. Therefore, only a side setback is required from the common lot line between your two properties. Their request is to reduce the side (east) setback from 15 feet to 10 feet (getting closer to your property line by five feet) with a two-story addition. I hope this answers your questions. I have a site plan and building elevations for the Finstad's proposal. If you would like to view it, please call me so we can set up a time to get together. Wayne Wells -----Original Message---n From: markham [mailto:mmarkham@tampabay.rr.com] Sent: Sunday, September 07, 2003 4:38 PM To: wayne.wells@dearwater-f1.com Subject: FLS2003-08038 - Flexible Standard Development Approval We are in receipt of your letter dated September 3, 2003, concerning the above-referenced application for 2959 Eagle Estates Circle West. My family resides at 2960 Talon Drive - the property to the immediate rear of the applicant. Your letter references a request to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition. The east boundary is actually the rear setback (not the side). I need to understand what is being requested as a two-story addition would not seem to implicate the rear property line unless of course the applicant is planning to expand in our direction. Please advise. E-mail at this point is fine. Stefanie can be reached during the day at 796-5076. Mike at 461-1818. Thanks. Mike & Stefanie Markham file:/ ^ \MS5c\PDS\Planning%20Department\C%20D%20B\Standard%20Flex\Pending%20... 9/7/2003 .. ..", . . Page 2 of2 The subject property at 2959 Eagle Estates Circle West, owned by Jeffrey and Ambryn Finstad, is a corner lot. Your lot is also a corner lot. The Community Development Code (Code) provides that corner lots have, for setback purposes, two front setbacks (adjacent to the street frontages) and the other sides are side setbacks. The Code does not consider corner lots to have a rear setback requirement. Therefore, only a side setback is required from the common lot line between your two properties. Their request is to reduce the side (east) setback from 15 feet to 10 feet (getting closer to your property line by five feet) with a two-story addition. I hope this answers your questions. I have a site plan and building elevations for the Finstad's proposal. If you would like to view it, please call me so we can set up a time to get together. Wayne Wells -----Original Message----- From: markham [mailto:mmarkham@tampabay.rr.com] Sent: Sunday, September 07, 2003 4:38 PM To: wayne.wells@c1earwater-f1.com Subject: FLS2003-08038 - Flexible Standard Development Approval We are in receipt of your letter dated September 3, 2003, concerning the above-referenced application for 2959 Eagle Estates Circle West. My family resides at 2960 Talon Drive - the property to the immediate rear of the applicant. Your letter references a request to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition. The east boundary is actually the rear setback (not the side). I need to understand what is being requested as a two-story addition would not seem to implicate the rear property line unless of course the applicant is planning to expand in our direction. Please advise. E-mail at this point is fine. Stefanie can be reached during the day at 796-5076. Mike at 461-1818. Thanks. Mike & Stefanie Markham file:/ ^ \MS5c\PDS\Planning%20Department\C%20D%20B\Standard%20Flex\Pending%20... 91712003 . . Page 1 of2 From: Wells, Wayne Sent: Sunday, September 07,20039:48 PM To: 'markham' Subject: RE: FLS2003-08038 - Flexible Standard Development Approval Mike & Stefanie - 1. In the LDR, Low Density Residential District, the required front setback is 25 feet, the required side setback is 15 feet and the required rear setback is 25 feet. 2. The City does not enforce deed restrictions. 3. The Finstads have submitted a survey of their property, which shows a 25-foot front setback to Eagle Estates Circle West, a 28-foot front setback to Eagle Estates Circle South, a 20-foot side (east) setback from the house to the east property line and a 10.5-foot side (north) setback from the house and pool deck to the north property line. 4. The City can include conditions on the approval of a request. 5. The second floor facing your property is proposed with two windows (presumed to be bedroom windows) and a ground floor door (presumed from the garage). 6. A solid fence could be required to be installed along the common property line (if one does not exist yet) as a condition of approval. This fence would not, however, address second floor windows and privacy. Fences and hedges normally don't, or can't, help with second floor situations. I have not yet been by the property, but I will look at your concern. Potentially, a way to address your concerns of privacy would be through the planting of additional trees, whether on your property or on the Finstads. This may not be an immediate cure, as the trees would have to grow to provide a measure of privacy. Keep in mind that your neighbor to the north could construct a second-floor addition (if they presently don't have one) and potentially create privacy issues for you also. You, too, could construct a second floor (if you don't presently have one) and create the same privacy issues for your neighbor. Generally, Codes provide for a maximum height of buildings and assume some loss of privacy due to second, or third, stories. Am willing to talk and look at your concern. Let me know. Wayne Wells -----Original Message----- From: markham [mailto:mmarkham@tampabay.rr.com] Sent: Sunday, September 07,20039:26 PM To: Wells, Wayne Subject: Re: FLS2003-08038 - Flexible Standard Development Approval Thank you for your prompt response. I never expected one on a Sunday. Can you tell me what the front setbacks are in the Code? Also, does the City consider the Association deed restrictions? I know that our restrictions call for a twenty (20) foot rear setback. Does your site plan show the current location of the house? I would be interested to know all four of the current setbacks for the Finstad's house. It is my understanding that the current rear (east) setback is twenty (20) feet. That would mean that they want to get ten (10) feet closer. Does the City typically require conditions to the application, Le. hedging, fencing, etc. One of my concerns is that they will have a second story only ten (10) feet from my back yard. That creates some privacy issues that can't really be solved by a typical fence or hedge. Thanks again for your prompt answers. Mike & Stefanie Markham ----- Original Message ----- From: Wells. Wayne To: 'markham' Sent: Sunday, September 07,20037:20 PM Subject: RE: FLS2003-08038 - Flexible Standard Development Approval Mike and Stefanie - file:/ ^ \MS5c\PDS\Planning%20Department\C%20D%20B\Standard%20Flex\Pending%20... 9/7/2003 III .' . 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'_"_"'__'''~______'_''''__'___''~__'___~_''._'''_'~_ ___0..._______..____._._..._____._>__ .._,.. ~ ,"_._"._.~.- ~.~..._.._..,~--,_..-_._-.""."-----'"--,._-_..._----_._"~_._~.~-"._~,++-,~--~---_._----_._._-----'-..,,-_.,..._--_.- .. . .~ . ( CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REVIEW August 25, 2003 Mr. Jeffrey and Ambryn Finstad 2959 Eagle Estates Circle West Clearwater, FL 33761 RE: Application for Flexible Standard approval to reduce the east side setback from 15 feet to 10 feet for an addition to a single family dwelling under the provision of Section 2-103.A. Dear Mr. & Mrs. Finstad: The Planning staff has reviewed your application to reduce the east side setback from 15 feet to 10 feet for an addition to a single family dwelling under the provision of Section 2-103.A. The proposal includes an addition in association with an existing single-family dwelling. After a preliminary review ofthe submitted documents, staffhas determined that the application is complete. The application has been entered into the Department's filing system and assigned the case number: FLS2003-08038. The Development Review Committee (DRC) will review the application for sufficiency on September 18, 2003 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. Additional comments will be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4539 or bberrv@clearwater- fl.cam. Sincerely yours, S:\Planning DepartmentlC D B\Standard FlexlPending Casesl3 - Up for the Next DRCIEagle Estates Cir. 2959 - Finstad (LDR)\Eagle 2959 Complete Letter. doc BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * Bll.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" .Pinellas County Property APp.r Information: 2028 1623638000 O. Page 2 of5 20 / 28 / 16 / 23638 / 000 / 0380 01-Sep-2003 JiM SMith, CFA Pinellas County Property Appraiser 19:08:16 Ownership InforMation Residential Property Add ress. Use. and Sales FINSTAD. J EFFREV A FINSTAD. AHORYN E 2959 EAGLE ESTATES CIR W CLEARWATER FL 33161-2810 COMparable sales value as Prop Addr: 2959 EAGLE ESTATES CIR W of Jan 1, 2003, based on Census Trac t : 268.11 sales froM 2001 - 2002: 321.500 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp Plat InforMation 10/2.001 11.628/1.363 223.100 (U) I 1984: Book 014 Pgs 040-041 8 /1.999 10.611/2.006 293.000 (Q) I 0000: Book Pgs - . 3 /1.990 1.215/ 243 88.000 (Q) U 0000: Book Pgs - 5 /1.988 6.139/1. 838 88.000 (Q) U 2003 Value EXEMPTIONS Just/Market: 210.900 HOMestead: 25.000 Ownership % 1.000 SAUE-OUR-HOHES CAP Historic : 0 Use %: 1.000 Assessed/Cap: 258.100 Tax ExeMpt %: .000 Other ExeMp t : 0 Taxable: 233.100 Agricultural: 0 2003 Tax InforMation Land InforMation District: CW Seawall: Frontage: Clearwater View: 03 Mi llage : 23.0851 Land Size Unit Land Land Land Front x Depth Price Units Meth 02 Taxes: 5.289.41 1) 95 x 140 850.00 95.00 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 5.616.63 6) 0 x 0 .00 .00 Without any exeMptions, Total Land Value: 83.113 2003 taxes will be : 6.253.15 Short Legal EAGLE ESTATES LOT 38 Description Building Information http://pao.co.pinellas.f1. us/htbin/cgi -c1ick?o= 1 &a= 1 &b= 1 &c= 1 &r= . 16&s=4&t= 1 &u=O&p=... 9/7/2003 ,Pinellas County Property APp.r Information: 2028 1623638000 O. Page 3 of5 20 / 28 / 16 / 23638 / 000 / 0380 :01 01-Sep-Z003 JiM SMith, CFA Pinellas County Property Appraiser 19:08:15 Residential Card 01 of 1 Prop Use: Z10 Land Use: 01 Living Units: 1 IMp Type: Single FaMil~ Prop Address: Z959 EAGLE ESTATES CIR W Structural Elements Foundation Floor SysteM Exterior Wall Roof FraMe Roof Cover Continuous Wall Slab on Grade ConcBk Stucco/Reclad Gable-Hip Conc Tile/Avg Htl Quali ty Year Built Effective Age Heating Cooling Fixtures Other Depreciation Functional Depreciation EcononoMic Depreciation Above Average 1. 990 10 Central Duct Cooling (Central) 13 o o o ** Stories Floor Finish Interior Finish 1.0 Crpt/HdTl/HdHar/Prqt Sub Areas Description Factor Area Description Factor Area 1) Base A rea 1. 00 Z.184 7) .00 0 2) Enclosed Porch . liO 340 8) .00 0 3) Open Po rch . ZO lZ0 9) .00 0 4) Garage .35 4Z0 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) POOL 15.000.00 1 0 9.150 1. 990 2) FIREP LAC E 1.500.00 1 0 1i.000 1. 990 3) ENCLOSURE Z. Z5 1. 315 0 Z.010 1. 990 4) PATIO/DECK Z.50 lZ5 0 Z40 1. 994 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VA LU E: 18.000 Map With Property Address (non-vacant) ~~[t][f]~~ http://pao.co.pinellas.fl.uslhtbin/cgi-c1ick?o= 1 &a= 1 &b= 1 &c= 1 &r= . 16&s=4&t= 1 &u=O&p=... 91712003 Jt II ~~ALOF'/ft, ~.~ ~,-)I". ~ C"':)-_-. ~ ~ =--::=- ~ -e.~ -==- .to ~ ~.clPLf~o<J~"\)1~~ ~4f~,.tjV CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REVIEW September 3, 2003 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 2959 EAGLE ESTATES CIRCLE WEST (FLS2003- 08038) To Surrounding Property Owners: As a property owner within 200 feet of 2959 Eagle Estates Circle West, 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 reduce the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residential Infill Project, under the provision of Section 2- 103.B. On September 18,2003, 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 September 29, 2003. The City encourages you to participate in the review process of this application.. You may phone me at 727-562-4504 for further information, visit our office to review the files and/or submit written comments to be considered in the City's review ofthe 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 (September 18,2003). 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 addressiswavne.wells(@.clearwater_fl.com. Sincerely, CL7w":I., Qp Wt22. Senior Planner RECEIVED SEP 1 6 2003 PLANNING DEPARTMENT CITY OF CLEARWATER IIMS5clPDSIPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRClEagle Estates Cir. 2959 _ Finstad (LDR)\Eagle j959 Notifir;:(]/ion Lelter.doc BRIAN . AUNGST,. MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER HOYT HAMILTON, COMMISSIONER * BILL)ONSON, COMMISSIONER "EQUAL EMPLOYME~T AND AfFIRMATIVE ACTION EMPLOYER" . . CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REVIEW September 3, 2003 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 2959 Et\GLD ESTATES CIRCLE WEST (FLS2003- 08038) To Surrounding Property Owners: ,; ~ As a property owner within 200 feet of 2959 Eagle Estates Circle West, 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 reduce the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residential Infill Project, under the provision of Section 2- 103.B. On September 18,2003, 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 September 29,2003. The City encourages you to participate in the review process of this application.. You may phone me at 727-562-4504 for further information, visit our office to review the files and/or submit written comments to be considered in the City's review ofthe 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 (September 18,2003). 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 addressiswavne.wellsra:!clearwater-fl.com. Sincerely, b/:{:;i, fJp W~ Senior Planner ~R~W~B S[~ l 100.1 r . /'il'') PLANNING J -~,;;'\TMENT pC~TV Of J;L2.hKWATER r I IMS5clPDSIPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next riJJ\Eagle..EiT~fw ~2959"-'PilrJt&tfi!DR)\Eagle J959 Notification LeJter.doc BRIAN . AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER ' WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER * BIUJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND ArfIRMATIVt ACTION EMPLOYER" I I . . ~,,'T""~~ __.,,\~~LOF T/(t1t~ ~{~ ",....u...,~c;7~ \T~".f ~~....~~ ~;:-:;".~ \ I ,~. ,.~ <> '; ....~~........\. / ,~. wi. .... .. --~-. - ,,' "..;C~ "'.~: ::c'==-. .__ "'~~ c:=~~~ ,:\~~...-~~ ~ ~ ~?'I;;;Jt~~r.n.',J<..'-Si.~\ ....~~J'. TEo "\ ._ .;....#__ n.,... ~'LII 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 September 3, 2003 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 2959 EAGLE ESTATES CIRCLE WEST (FLS2003- 08038) To Surrounding Property Owners: As a property owner within 200 feet of 2959 Eagle Estates Circle West, 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 reduce the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residential Infill Project, under the provision of Section 2- 103.B. On September 18,2003, 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 September 29,2003. The City encourages you to participate in the review process of this application.. You may phone me at 727-562-4504 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 (September 18,2003). 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 addressiswayne.wells@clearwater-fl.com. Sincerely, ~7Sfn" r:l W&Q. Senior Planner \IMS5cIPDS\Planning Department\C D BIStandard FlexlPending Casesl3 - Upfor the Next DRCIEagle Estates Cir. 2959 - Finstad (LDR)\Eagle 1959 Notification Letter.doc BRIAN . AUNGsT, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER * BIU]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . .. PEA TTIE, STEPHEN J PEA TTIE, K L YN 2990 EAGLE ESTATES CIR W CLEARWATER FL 33761 - 2809 SCHOENBAUM, JEFFRY SCHOENBAUM, SUSAN 2966 EAGLE ESTATES CIR W CLEARWATER FL 33761 - 2809 SEARS, LEANNE D TRE 2901 EAGLE ESTATES CIR S CLEARWATER FL 33761 - 2808 MC CUTCHEON, GARY W MC CUTCHEON, MOLLIE S 2913 EAGLE ESTATES CIR S CLEARWATER FL 33761 - 2808 FREIFELD, MITCHELL 3375 FOX HUNT DR PALM HARBOR FL 34684 - CURRY, PAUL CURRY, ALEXANDRA C 2912 EAGLE ESTATES CIR N CLEARWATER FL 33761 - 2805 KELLER, ALLAN G KELLER, JOAN A 2900 EAGLE ESTATES CIRN CLEARWATER FL 33761 - 2805 FIGURSKI, GERALD A FIGURSKI, MELODY W 2975 EAGLE ESTATES CIR W CLEARWATERFL 33761 - 2810 MARKHAM, MICHAEL C MARKHAM, STEF ANIE G 2960 TALON DR CLEARWATERFL 33761 - 2830 WILKS, HARRY S WILKS, VANESSA L 2984 TALON DR CLEARWATER FL 33761 - 2830 it BARBOUR, VAN K 2982 EAGLE ESTATES CIR W CLEARWATER FL 33761 - 2809 RENTON, JOHN B RENTON, EDITH L 2958 EAGLE ESTATES CIR W CLEARWATER FL 33761 - 2809 CRAWFORD, ALEXANDER CRAWFORD, MARLENE 2905 EAGLE ESTATES CIR S CLEARWATERFL 33761 - 2808 STUDLEY, RICHARD A REYNOLDS, ERIC Y 2917 EAGLE ESTATES CIR S CLEARWATERFL33761-2808 KORNFELD, STEPHEN J KORNFELD, JANICE T 2929 EAGLE ESTATES CIR S CLEARWATERFL 33761 - 2808 CAPPADONA, ROSE F 2908 EAGLE ESTATES CIR N CLEARWATER FL 33761 - 2805 NESBIT, TIFFANYD NESBIT, P CRAIG 2991 EAGLE ESTATES CIR W CLEARWATERFL 33761- 2810 BROWN, MARK W BROWN, SUZANNE 2967 EAGLE ESTATES CIR W CLEARWATERFL 33761 - 2810 DWYER, LAWRENCE A SR 2968 TALON DR CLEARWATERFL 33761 - 2830 MORELLI, A ROBERT MORELLI, HELEN N 2992 TALON DR CLEARWATERFL33761-2830 e fl .I _; ~---,-",_::' - LJ 1B~ 3,8 I "l. - 4 r- ,'! ' ,4 ='" ,J I .LHC" f- E.s l~IlI..l-" ~"I< tw) WHEELER, PHILIP H ' WHEELER, CATHERINE M 2974 EAGLE ESTATES CIR W CLEARWATER FL 33761 - 2809 KOSER, H JEROME COLBETH-KOSER, JUDYTH M 2950 EAGLE ESTATES CIR W CLEARWATERFL 33761 - 2809 MORRILL, KEVIN K MORRILL, LYNDA A 2909 EAGLE ESTATES CIR S CLEARWATERFL33761 - BRAUN, HOWARD BRAUN, ELAINE 2921 EAGLE ESTATES CIR S CLEARWATERFL 33761 - 2808 CLE~TER' CITY OF PO BO 4748 CLE TER FL 33758 - 4748 LAYTON, ROBERT S LAYTON, SUSAN L 2904 EAGLE ESTATES CIR N CLEARWATERFL 33761 - 2805 TURER, RICHARD S TURER, SUSAN A 2983 EAGLE ESTATES CIR W CLEARWATERFL 33761 - 2810 FINSTAD, JEFFREY A FINSTAD, AMBRYN E 2959 EAGLE ESTATES CIR W CLEARWATERFL 33761 - 2810 NAMM, GARY NAMM, ELIZABETH 2976 TALON DR CLEARWATERFL 33761 - 2830 SIMONE, PAUL SIMONE, ANITA 2993 TALON DR CLEARWATERFL 33761 - 2831 . " LYNCH, RICHARD J LYNCH, RAE K 2985 TALON DR CLEARWATERFL 33761 - 2831 GOODMAN, MARK L GOODMAN, LISA S 2920 EAGLE ESTATES CIR S CLEARWATERFL 33761 - 2807 MAGDZIAK, MIROSLA W MAGDZIAK, ALICIA 2978 EAGLE TRL CLEARWATERFL 33761 - 2801 HAMM, JOHN E 2886 GREEN MEADOW CT CLEARWATERFL33761-2820 FLOREK, MICHAEL J FLOREK, BETTY J 2899 GREEN MEADOW CT CLEARWATERFL 33761 - 2820 HITTOS, ELENI 2879 GREEN MEADOW CT CLEARWATERFL 33761 - 2820 e CAROLLO, ROBERT J CAROLLO, ANN P 2977 TALON DR CLEARWATERFL 33761 - 2831 LUTZ, ROBERTA TRE 2924 EAGLE ESTATES CIR S CLEARWATERFL 33761 - 2807 ESPOSITO, PETER V ESPOSITO, LORETTA A 2986 EAGLE TRL CLEARWATERFL 33761 - 2801 LUBOTSKY, LAWRENCE TRE LESWING, KRlSTI E TRE 2892 GREEN MEADOW CT CLEARWATERFL33761-2820 CURRENT OWNER 2893 GREEN MEADOW CT CLEARWATERFL33761-2820 WINDER, WILLIAM A DONAHUE, NOELENE 2875 GREEN MEADOW CT CLEARWATERFL33761-2820 e BROCKMAN, GARY B TRE BROCKMAN, DOROTHY J TRE 2969 TALON DR CLEARWATERFL 33761 - 2831 SULLIV AN, JOHN P SULLIV AN, KAREN A 2970 EAGLE TRL CLEARWATER FL 33761 - 2801 NORSWORTHY, FAY M 2994 EAGLE TRL CLEARWATERFL 33761 - 2801 STAREGO, MICHAEL J 2898 GREEN MEADOW CT CLEARWATER FL 33761 - 2820 WALKER, DEBBIE A WALKER, JERRY 2881 GREEN MEADOW CT CLEARWATER FL 33761 - 2820 SCHROEDER, THOMAS P SCHROEDER, DIANE C 2869 GREEN MEADOW CT CLEARWATERFL 33761 - 2820 CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PlANNING DEVELOPMENT REvIEW October 29,2003 Mr. Jeffrey Finstad Mrs. Ambryn Finstad 2959 Eagle Estates Circle West Clearwater, Florida 33761 RE: Development Order regarding case FLS2003-08038 at 2959 Eagle Estates Circle West Dear Mr. and Mrs. Finstad: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On September 18, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development to reduce the side (east) setback from 15 feet to 10 feet for a two-story addition to an existing single family dwelling, as a Residentiallnfill Project, under the provision of Section 2-103.B. The proposal includes a 1,528 square-foot, two-story addition to an existing single-family residence. 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 a Residentiallnfill Project per Section 2-103.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. Conditions of Approval: 1. That the property survey be updated prior to the submission for building permits to less out the abutting dedicated rights-of-way; 2. That an oversized roof gutter and drain spout, to direct house and garage roof drainage to Eagle Estates Circle South (not the rear of the lot), be shown on building plans and be installed prior to the issuance of a Final Inspection; BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER F~K HIBBARD, COMMISSIONER * Bn.f)ONsoN, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOXJi:R" ., ~, October 29,2003 Finstad - Page Two 3. That, to ensure stormwater runoff will not create adverse impacts on the abutting properties, existing and proposed land elevations be submitted for review as part of the permitting process for the addition; 4. That, should the existing hedge along the east property line be damaged or destroyed during construction to the extent of reducing the opacity of the hedge by more than 25 percent, a six- foot high solid fence be installed and maintained along the east property line for privacy purposes (maximum of three feet high within the 25-foot front setback area); and 5. That the final design of the building, including window banding, be consistent with the conceptual elevations submitted and the color of the dwelling be consistent throughout. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with above five conditions. The approval is based on and must adhere to the site plan and application dated received August 19, 2003. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (October 29, 2004). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The 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. Pursuant to Section 4-502.A, an appeal may be initiated within seven days of the date the Development Order is issued by an applicant or property owners within the required notice area and who presented competent substantial evidence in the Level One review. A copy of the Development Order is being sent to those surrounding property owners who presented competent substantial evidence in the Level One review. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on November 4,2003 (seven days from date of Development Order). ~ " . . 4 October 29, 2003 Finstad - Page Three If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Senior Planner, at 727-562-4504. You can access zoning for parcels within the City through our website: www.clearwater-fl.com. * Make Us Your Favorite! Cynthia H. Tarapani, AICP Planning Director CC: Michael and Stefanie Markham John and Karen Sullivan \IMS5c1PDSIPlanning Department\C D BIStandard FlexlPending Casesl3 - Up for the Next DRCIEagle Estates Cir W 2959 - Finstad (LDR)IEagle 2959 Development Order. doc