APP2003-00003
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. .." . '. . . PI aming Department
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CASE #: M.(' 1....0 t) ~ - t) () 00 ')
DATE RECEIVED-:--JJr~.ti.~-==-
RECEIVED BY (staff inittiS): __;l~~__
~ SUBMIT ORIGiNAl SIGNED AND NOTARIZED APPLICATION
o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
~ SUBMIT APPLICATION FEE $100..,00__
APPEAL APPLICATION
Lwd On" ami u,\.d Two R"vi"ws (R"viS<'u 03/29/0 I)
-PLEASE TYPE OR PRINT-
APPLlCA TIONINOTICE OF APPEAL (Code Section 4-502.A & B)
An appeal of a level one approval (flexible standard) may be initiated by a property owner abutting the property which is the subject of the approval
within seven days ri the date the development order is issued. The filing of an applicationl notice of appeal shaff stay the etreet of the decision
pending the final daermimtion ofthe case.
All application/notice of appeal of appeal of any decision of the city, as provided in Section 4-501, may be initiated by the applicant or any person
granted party status within 14 days of the decision. Such application shall be flied with the city clerk in a form specified by the community
development coordnator identifying with specificity the basis for the appeal and a=mpanied by a fee as reqlired by Sedion 4-202.E. The filing
of an application! notice cf appeal shall stay the effeet of the decisioo pending the final determinatioo of the case.
A. APPELLANT AND AGENT INFORMATION:
APPELLANT NAME _ M~y~~\_-.L3k~~_~~ ______________________________
MAILING ADDRESS: lfl_-11~ Q__T ~,,~J2~ .ye___tk~ ~~~___+!IJ.7) 1_______________
PHONE NUMBER: 7_~ L_l~.J::_~ 70________ FAX NUMBER: 7 ~ 1__113-=~2iS------------
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER: ________________ FAX NUMBER:
B. APPEAL INFORMATION
CHECK THE SPEClRC APPEAl:
Aooeals to the Communitv Develooment Board
(J Orders, requirements, decisions or determinatioos made by
an administrative offIcial in the administration of the
development coc1e, except (or eriorcemel1t actions.
o Administrative interpretations of the development code
~ Level One (Flexible and Minimum Standard) approval
decisions
(J Denials of any permit or license issued under the provisions
ofthis Code
ADDRESS OF SUBJECT APPEAl (if applicable): 2 '3 s.:t--~~- ~~{e.~ _C; \--~ 1~_':jJ e.s t_______
SPECIFIC CASE NUfIII3ERTO BE APPEAlED (if applicable): f LS 2DO'~ - 0'8 O':1~
DATE OF DECISION: -L~d~~-~ ~ ______
Aooeals to a hearina aficer
(J Decisioos of the community development board regarding
level two approvals
(J Decisions o(the community development board regarding
level one approvals
(J OTHER (as allowed by Code) _________
Page 1 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
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C. BASJS OF APPEAl:
Explain in detail the basis for the appeal. Use additional sheets if necessary.
_ B~~_~-:- ~__illd v~_~_i2lLOw~~____________________________
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D. SIGNATURE:
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Signature of property o\l\Kler or representative
STATE OF FLORIDA, COUNTY OF P1NELLAS J Ffh
~to apt! subscribed before me this ~_ day cf
_ ~a:.t:--, A.D. 20~ 25 to me and/or by
-J.../..iC 11...~~~ who is personally known _has
produced LP as
~'~iL ()-I~p_
Notary public,
My commission expires:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge.
\\MS2tPDSlPfanning DeparlmenMpplication Foons'deve/opment reviewVlppeaJ Application. doG
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Page 2 r::J 2 - Appeal Application (level One and level Two Reviews)- aty of Clearwater
CL WCoverSheet
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NOV 0 4 2003
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APP2003-00003
2959 EAGLE ESTATES CIR W
Date Received: 11/04/2003
FINSTADtt AMBRYN
ZONING DISTRICT: LDR
LAND USE: RS
ATLAS PAGE: 200B
PAl D
CK. NO. 1) t2-
DATE II D 4/ 0 ~ tJ 00 It)
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CITY OF
CLEARWATER
loNG RANGE PlANNING
DEVELOPMENT REvIEW
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
March 19,2004
Mr. Michael Markham
Ms. Stefanie Markham
2960 Talon Drive
Clearwater, Florida 33761
RE: Development Order regarding case APP2003-00003 at 2959 Eagle Estates Circle West
Dear Mr. and Mrs. Markham:
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On March 16,2004, the Community Development Board (CDB) reviewed
your appeal application of the decision of a Level One (Flexible Standard Development) that
approved an 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 (Case No. FLS2003-08038), under the appeal provisions of Section 4-501 of
the Community Development Code. The Community Development Board denied the appeal
application because the appellant did not show compliance with all of the following criteria:
1) The decision appealed from misconstrued or incorrectly interpreted the
provisions of the Community Development Code; and
2) That the decision will be in harmony with the general intent and purpose of the
Community Development Code; and
3) Will not be detrimental to the public health, safety and general welfare.
The decision of the Community Development Coordinator under Case No. FLS2003-08038 was
confirmed by a majority of the members of the CDB.
Please be aware that an appeal of the CDB decision must be initiated within 14 days of the date
of the decision by the Board. The appeal period for your case will expire on March 30, 2004. If
you have any questions, please do not hesitate to call Lisa Fierce, Assistant Planning Director, at
727-562-4561.
CP
Cc: Leslie Dougall-Sides, Assistant City Attorney
Jeffrey and Ambryn Finstad
\ IMS5clPDSIPlanning DepartmentlC D BIFLEX\Pending cases I Up for the next CDBIEagle Estates Cir W 2959 - Finstad Appeal -
DeniedlEagle Estates Circle W 2959 Development Order. doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYf HMIILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BII.LJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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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
February 12, 2004
Mr. Michael Markham
Mrs. Stefanie Markham
2960 Talon Drive
Clearwater, Florida 33761
Re: APP2003-00003, 2959 Eagle Estates Circle West
Dear Mr. and Mrs. Markham:
You have filed an appeal (Case No. APP2003-00003) of the decision of a Level One (Flexible
Standard Development), that approved an application by Jeffrey and Arnbryn Finstad 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 provisions of Section 2-103.B (FLS2003-
08038) at 2959 Eagle Estates Circle West. The Community Development Board (CDB) at their
meeting on December 16,2003, tabled this appeal case to no later than March 16,2004.
Please be advised that Case No. APP2003-00003 has been placed on the CDB agenda for public
hearing on March 16, 2004. The meeting will take place at 2:00 p.m. in the City Commission
Chambers, 3rd floor of City Hall at 112 South Osceola Avenue, Clearwater.
Should you have any questions, feel free to call me at 727-562-4504.
Sincerely,
tJ"j "'- /"I. W dP..
Wayne M. Wells, AICP
Senior Planner
Cc: Jeffrey and Arnbryn Finstad
\\MS5cIPDS\Planning Department\C D BIFLEX\Pending cases I Up for the next CDB\Eagle Estates Cir W 2959 - Finstad Appeal\CDB letter
2.J2.04.doc
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYr HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HII3IlARD, COMMISSIONER * BILl. JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
CITY OF CLEARWATER
loNG RANGE PlANNING
DEVELOPMENT REvIEW
PIANNING 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
December 26, 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:
The Community Development Board (CDB) considered Case No. APP2003-00003 at their
meeting on December 16, 2003, which is an appeal filed 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 CDB continued this appeal case to a date no later than their March 16, 2004, meeting. The
CDB encouraged resolution of the setback issue through the homeowners' association prior to
the March 16,2004, meeting of the CDB.
Should you have any questions, feel free to call me at 727-562-4504.
Sincerely,
6!::r-w::': Al~~
Senior Planner
Cc: Michael and Stefanie Markham
\IMS5c\PDS\Planning DepartmentlC D BIFLEXlPending cases \ Up for the next CDBIEagle Estates Cir W 2959 - Finstad AppeallLeller ofCDB
Continuance 12.26.03.doc
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HOYf HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * Bll.l.]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
CITY OF CLEARWATER
PIANNING 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
November 6, 2003
Mr. Jeffrey Finstad
Mrs. J\nnbrynFinstad
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, 3rd 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,
~:Z~ :Jl~,~~
Senior Planner
Cc: Michael and Stefanie Markham (no attachment)
Attachment
\IMS5c\PDSIPlanning DepartmentlC D BIFLEXlPending cases I Up for the next CDBlEagle Estates Cir W 2959 - Finstad (LDR) -
ApprovedlLetter re APP2003-00003 & CDB date 11.6.03.doc
I
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BRIAN]. AUNGST, MAYOR-COMMISSIONER
HOYf HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON: COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER"
.
.
.
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CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (127) 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 JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMl<f,lVE 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 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).
.
October 29,2003
Finstad - Page Three
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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 Flexll!ending Cases\3 - Up for the Next DRCIEagle Estates Cir W 2959 - Finstad
(LDR)IEagh~i2959 Development Order.doc
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DRC Meeting Date:
Case Number:
Agenda Time:
Applicant:
Address:
September 18. 2003
FLS2003-08038
10:00 am
Mr. & Mrs. Jeffrey and Ambrvn 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 OA23-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,
\ IMS5clPDSIPlanning DepartmentlC D BlStandard FlexlPending Casesl2 - Reviewed and Pending\09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page I of 6
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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.l 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
I\MS5c1PDSIPlanning DepartmentlC D BIStandard FlexlPending Casesl2 - Reviewed and Pending\09-18-03 DRC\Eagle Estates
Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report.doc- Page 2 oj 6
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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 REQUIRED/ 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 (Comer 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 BIStandard FlexlPending Casesl2 - Reviewed and PendingI09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 3 of 6
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FLEXIBILITY CRITERIA (Section 2-103.B):
1. Development or redevelopment of the
parcel IS impractical without deviations
from the intensity and development
standards;
Consistent Inconsistent
[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 inunediate vicinity of the
parcel proposed for development;
[X] [ ]
6. Design of the residential infill project
creates a form and function which enhances
the conununity character of the inunediate
vicinity;
[X] [ ]
7. Flexibility in lot width, setbacks, height and
off-street parking are justified.
[X] [ ]
\\MS5clPDSIPlanning Department\C D BIStandard FlexlPending Casesl2 - Reviewed and Pending\09-18-03 DRC\Eagle Estates
Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report.doc- Page 4 0[6
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GENERAL STANDARDS (Section 3-913):
Consistent Inconsistent
[X] [ ]
1.
Development of the land will be 10
harmony with the scale, bulk, coverage,
density and character of adjacent
properties.
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 minimize
traffic congestion.
[X]
[ ]
5.
Development IS consistent with the
community character of the immediate
vicinity.
[X]
[ ]
6.
Design of the proposed development
nnmnnzes adverse effects, including
visual, acoustic and olfactory and hours of
operation impacts on adjacent properties.
[X]
[ ]
I IMS5clPDSIPlanning DepartmentlC D BIStandard FlexlPending Casesl2 - Reviewed and PendingI09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR}IEagle 2959 Staff Report. doc- Page 5 of 6
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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 Project, 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 pennits 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 pennitting 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.
Prepared by: Planning Department Staff:
NL- ft.
&z
Wells, AICP, Senior Planner
ATTACHMENTS:
Application
I IMS5clPDSIPlanning DepartmentlC D BIStandard FlexlPending Cases\2 - Reviewed and Pending\09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR)\Eagle 2959 Staff Report. doc- Page 60f6
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CITY OF CLEARWATER 1"-:,
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HE#f'1Nt! ~
The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tue~ <<;;h 16,
2004, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue,
Clearwater, Florida, to consider the following requests:
NOTE: All persons wishine: to address an item need to be present at the BEGINNING of the meetine:. Those cases
that are not contested bv the applicant. staff. neie:hborine: propertv owners. etc. will be placed on a consent ae:enda
and approved bv a sine:le vote at the bee:innine: of the meetine:.
1. (cont. from 12/16/03) Michael & Stefanie Markham are requesting an appeal of the decision ofa Level One (Flexible
Standard Development) that approved an 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). (Proposed Use: A 1,528 square-foot, two-story addition, including a third car garage (with a driveway
extension) in association with an existing single-family dwelling) (Owners: Jeffrey and Ambryn Finstad) at 2959 Eae:le
Estates Cir. W., Eagle Estates, Lot 38. APP2003-00003
2. Top Flie:ht Enterprises. Inc & 1925 Ede:ewater Drive. Inc. are requesting a flexible development approval to permit a
reduction in the side (east) setback ffi-1-&mnydale Drive from 10 feet to 5.85 feet (to pavement) and, an increase of building
height from 35 feet to 75 feet from base flood elevation of 13 feet MSL (with height calculated to the midpoint of the roof
slope) to construct 77 multi-family residential (attached) units, under the provisions of Section 2-803.B. (Proposed Use:
Attached multi-family residential units) at 1919 & 1925 Ede:ewater Dr. & 1010. 1012 & 1020 Sunset Point Rd.,
Sunnydale Sub, Lots 1,2 and W 34 ft of Lot 3; Sunset Point and Replat Lots 2 & 3; Blk A, the E 3 ft of Lot 4, Lot 5,6, 7,
together with the W 15 ft of Lot 8. FLD2003-09050
3. Massoud & Malouse Dabiri are requesting a flexible development approval to reduce the number of parking spaces
from 34 to 32 spaces, to reduce the front setbacks (north and south) from 25 feet to 10 feet (to pavement), reduce the side
setback from 20 feet to 10 feet (to pavement), and a building height increase to 39.5 feet, as a Comprehensive Infill
Development under the provisions of Section 2-1004.B. (Proposed Use: Office building) at 117 McMullen Booth Rd.,
Crystal Heights Sub, Lots 1 & 2. FLD2003-11061
4. Belle Aqua Villas. LLC are requesting a flexible development approval to permit a multi-use dock, under the provisions
of Section 3-601. (Proposed Use: Multi-use dock for six slips totaling 720 square feet, with each dock measuring 60 feet in
length from the seawall, in conjunction with a six-unit townhome development) at 125 Brie:htwater Dr., Bayside Sub. No.
2, Lots 7 & 8. FLD2003-11062
5. Belle Aqua Villas. LLC are requesting a flexible development approval to permit a multi-use dock, under the provisions
of Section 3-601. (Proposed Use: Multi-use dock for six slips totaling 720 square feet, with each dock measuring 60 feet in
length from the seawall, in conjunction with a six-unit townhome development) at 116 & 120 Brie:htwater Dr., Bayside
Sub. No.2, Lots 53 & 54. FLD2003-11063
6. ENT A Investments. LLC are requesting a flexible development approval to permit the expansion of a medical clinic
with reductions to the front (east along South Fort Harrison Avenue) setback from 25 feet to 10 feet (to existing building),
from 25 feet to three feet (to existing pavement) and from 25 feet to 15 feet (to proposed pavement), reductions to the front
(north along "B" Street) setback from 25 feet to zero feet (to existing building) and from 25 feet to seven feet (to proposed
dumpster enclosure), a reduction to the front (south along "C" Street) from 25 feet to two feet (to existing pavement) and
reductions to the side (west) setback from 10 feet to eight feet (to existing building), from 10 feet to zero feet (to existing
pavement) and from 10 feet to five feet (to proposed pavement), as a Comprehensive Infill Redevelopment Project, under
the provisions of Section 2-704.C, and to permit reductions to the landscape buffer along the front (east along South Fort
Harrison Avenue) property line from 15 feet to 10 feet (to existing building) and from 15 feet to three feet (to existing
pavement), a reduction to the landscape buffer along the front (north along "B" Street) from 10 feet to zero feet (to existing
building), a reduction to the landscape buffer along the front (south along "c" Street) from 10 feet to two feet (to existing
pavement) and a reduction to the landscape buffer along the west property line from five feet to zero feet (to existing
pavement), as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G (Proposed Use:
Expansion of an existing 3,096 square-foot medical clinic through the renovation of an existing 2,357 square-foot building
for administrative purposes) at 1320 Ft. Harrison Ave., Belleair, Blk 24, Lot 1-2 & vac alley on W, Lots 3,4 & 5 & E 1/2
ofvac alley. FLD2003-12066
.
.
7. IIhan Bih!Utav (Pat Sheppard) is requesting a flexible development approval to permit construction of 2 medical clinic
offices with building A totaling 7,985 sq ft and building B totaling 8,488 sq ft along with reductions to the front (southeast)
setback along Lakeview Rd from 35 ft to 15 ft (to pavement), the side (north) setback from 20 ft to 10 ft (to pavement) and
the side (west) setback from 20 ft to 15 ft (to building) under the provision of Section 2-1004.C. (Proposed Use: 2 medical
clinic offices totaling 16,473 sq ft) at 720 Lakeview Rd., Sec. 21-29-15, M&B 14.21. FLD2003-12067
8. Marlee A. Winner is requesting a flexible development approval to permit a reduction to lot size from 5,000 sq ft to
4,040 sq ft, a reduction in the side (south) setback to .5 ft (to building) and zero ft (to pavement), a reduction in the front
(west) setback to 3 ft (to building) and zero ft (to pavement), a reduction in the side (north) setback to .9 ft (to building) and
zero ft (to pavement), a reduction in the rear (east) setback to .5 ft (to building) and zero ft (to pavement), a reduction in
required parking from 15 spaces per 1,000 sq ft to zero for a restaurant and to permit 3 dwelling units above as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. (Proposed Use: Restaurant and 3
residential units) at 395 Mandalav Ave., Barbour-Morrow Sub., Elk A, par t of Lot 21 & all of Lot 22. FLD2003-12070
9. Valhalla Properties / John Rich are requesting a flexible development approval to permit a medical clinic with
reductions to parking from 42 spaces to 29 spaces, a reduction of the front setback from 25 feet to 17 feet (to building), a
reduction in the side (south) setback from 10 feet to zero feet (to the dumpster enclosure), a reduction in the side (north)
setback from 10 feet to six feet (to building), and a reduction of the rear setback from 20 feet to 14 feet (to pavement) as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204, and a reduction to the landscape
buffer along the east property line (no continuous hedge along property perimeter provided), as part of a Comprehensive
Landscape Program, under the provisions of Section 3-1202.G. (Proposed Use: Change of use from an existing 8,072
square foot social center building to a medical clinic) at 407 N. Belcher Rd., Sec. 07-29-16, M&B 33.11. FLD2004-02007
10. Josee Goudreault is requesting an appeal of a Level One application (Flexible Standard Development case FLS2003-
12066) that requires the building be repainted a neutral color, under the provisions of Section 4-501. (Proposed Use: An
existing building that has been painted light purple [main portion of the exterior of a building] and dark purple [base of the
building and trim]) at 24 N. Ft. Harrison Ave., Earl & Tate's Sub., N 43 ft of Lots 12 & 13. APP2004-00001
Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning
Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with
respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based per Florida Statute 286.0105. Connnunity Development Code Section 4-206 states that party status shall
be granted by the Board if person requesting such demonstrates that slbe is substantially affected. Party status entitles parties to:
personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on
reconsideration requests.
An oath will be administered swearing all participants in public hearing cases. If you wish to speak please wait to be
recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to
three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount
of time up to 10 minutes.
Five days prior to the meeting, staff reports and reconnnendations on the above requests will be available for review by
interested parties between the hours of 8:30 a.m and 4:30 p.m, weekdays, at the City of Clearwater, Planning Department,
100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to
discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan.
This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk
Lisa Fierce
Planning Department
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
NOTE: Applicant or representative must be present at the hearing.
.
.
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF
THE SUBJECT PROPERTY.
A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE
SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN
ORDER TO PARTICIPATE IN mIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND
LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090.
Ad: 02129/04
.
.
.
Page 1 of1
Wells, Wayne
From: Garymn@aol.com
Sent: Monday, March 15,200410:35 PM
To: Wells, Wayne
Cc: gnamm@tampabaypartners.com.karenbremer@outback.com
Subject: Finstad/Markham-TIME SENSITIVE - Please open immediately
Dear Wayne:
Attached please find an important letter from the Homeowners Association regarding the Finstad/Markham matter
--- APP2003-00003 schedule for Tuesday, March 16, 2004.
Please add this letter to the record for today's proceeding and please share with all Board members PRIOR to
today's discussion on this matter. It speaks for itself!
Any questions? Please call Gary Namm, Vice-President 727-644-8999.
Wayne, thank you on behalf of our neighborhood.
Gary Namm
Eagle Estates Homeowners Association
garymn@aol.com
727 -644-8999
3/1612004
.
.
.
Eagle Estates Homeowners Association
2932 Eagle Estate Circle North
Clearwater, FL 33761
March 15,2004
Dear City of Clearwater Officials:
VIA E-MAIL (Mr. Wayne Wells)
TIME SENSITIVE
This letter from the elected Board members of the Eagle Estates Homeowners Association will
clearly state that the applicants for this variance request, Mr.and Mrs. Jeff Finstad, 2959 Eagle Estates
Circle West, have never provided any plans nor proposals on this matter to our Homeowners
Association for review.
Multiple members of the Board, upon learning of these proposed plans, have repeatedly requested the
Finstads to provide such plans AS CALLED FOR IN OUR ASSOCIATION BY-LAWS. Today, the
Finstads continue to ignore our requests. In addition, since this matter was last discussed with your
Board, your request that the Finstads share such plans with the Homeowners Association has also
been ignored.
Therefore, the Eagle Estates Homeowners Association has no basis to provide an opinion on this
matter. However, the four Board members listed below adamantly oppose the proposed variance as
such plans clearly conflicts with our By-Laws and we unanimously urge the City of Clearwater to
immediately deny this variance request. To grant this application ignores our Eagle Estates
Association By-Laws and the rights of the residents of our neighborhood.
Thank you for listening to the voice of the people.
Respectfully yours,
Ms. Karen Bremer, President
Mr. Gary Namm, Vice President
Ms. Marilynn Cristell, Treasurer
Ms. Cassy Millman, Secretary
"
.
.
CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, March 16,
2004, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue,
Clearwater, Florida, to consider the following requests:
NOTE: All persons wishine: to address an item need to be present at the BEGINNING of the meetine:. Those cases
that are not contested by the applicant. staff. neie:hborine: property owners. etc. will be placed on a consent ae:enda
and approved by a sine:le vote at the bee:innine: of the meetine:.
1. (cont. from 12/16/03) Michael & Stefanie Markham are requesting an appeal of the decision of a Level One (Flexible
Standard Development) that approved an 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 Proj ect, under the provisions of Section 2-103.B
(FLS2003-08038). (Proposed Use: A 1,528 square-foot, two-story addition, including a third car garage (with a driveway
extension) in association with an existing single-family dwelling) (O~~e,s: Jeffrey and Ambryn Finstad) at 2959 Eae:le
Estates Cir. W., Eagle Estates, Lot 38. APP2003-00003 W W
2. Top Flie:ht Enterprises. Inc & 1925 Ede:ewater Drive. Inc. are requesting a flexible development approval to permit a
reduction to the front yard setback on Sunnydale Drive from 25 feet to 17 feet to allow balcony support, an increase of
building height from 35 feet to 75 feet from base flood elevation of 13 feet MSL (with height calculated to the midpoint of
the roof slope) with appurtenances extending 16 feet above the 75 feet (as indicated on the elevation plans) to construct 77
multi-family residential (attached) units, under the provisions of Section 2-803.B. (Proposed Use: Attached multi-family
residential units) at 1919 & 1925 Ede:ewater Dr. & 1010. 1012 & 1020 Sunset Point Rd., Sunnydale Sub, Lots 1,2 and
W 34 ft of Lot 3; Sunset Point and Replat Lots 2 & 3; Blk A, the E 3 ft of Lot 4, Lot 5,6, 7, together with the W 15 ft of Lot
8. FLD2003-09050
3. Massoud & Malouse Dabiri are requesting a flexible development approval to reduce the number of parking spaces
from 34 to 32 spaces, to reduce the front setbacks (north and south) from 25 feet to 10 feet (to pavement), reduce the side
setback from 20 feet to 10 feet (to pavement), and a building height increase to 39.5 feet, as a Comprehensive Infill
Development under the provisions of Section 2-1004.B. (Proposed Use: Office building) at 117 McMullen Booth Rd.,
Crystal Heights Sub, Lots I & 2. FLD2003-11061
4. Belle Aqua Villas. LLC are requesting a flexible development approval to permit a multi-use dock, under the provisions
of Section 3-601. (Proposed Use: Multi-use dock for six slips totaling 720 square feet, with each dock measuring 60 feet in
length from the seawall, in conjunction with a six-unit townhome development) at 125 Brie:htwater Dr., Bayside Sub. No.
2, Lots 7 & 8. FLD2003-11062
5. Belle Aqua Villas. LLC are requesting a flexible development approval to permit a multi-use dock, under the provisions
of Section 3-601. (Proposed Use: Multi-use dock for six slips totaling 720 square feet, with each dock measuring 60 feet in
length from the seawall, in conjunction with a six-unit townhome development) at 116 & 120 Brie:htwater Dr., Bayside
Sub. No.2, Lots 53 & 54. FLD2003-11063
6. ENT A Investments. LLC are requesting a flexible development approval to permit the expansion of a medical clinic
with reductions to the front (east along South Fort Harrison Avenue) setback from 25 feet to 10 feet (to existing building),
from 25 feet to three feet (to existing pavement) and from 25 feet to 15 feet (to proposed pavement), reductions to the front
(north along "B" Street) setback from 25 feet to zero feet (to existing building) and from 25 feet to seven feet (to proposed
dumpster enclosure), a reduction to the front (south along "C" Street) from 25 feet to two feet (to existing pavement) and
reductions to the side (west) setback from 10 feet to eight feet (to existing building), from 10 feet to zero feet (to existing
pavement) and from 10 feet to five feet (to proposed pavement), as a Comprehensive Infill Redevelopment Project, under
the provisions of Section 2-704.C, and to permit reductions to the landscape buffer along the front (east along South Fort
Harrison Avenue) property line from 15 feet to 10 feet (to existing building) and from 15 feet to three feet (to existing
pavement), a reduction to the landscape buffer along the front (north along "B" Street) from 10 feet to zero feet (to existing
building), a reduction to the landscape buffer along the front (south along "C" Street) from 10 feet to two feet (to existing
pavement) and a reduction to the landscape buffer along the west property line from five feet to zero feet (to existing
pavement), as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G (Proposed Use:
Expansion of an existing 3,096 square-foot medical clinic through the renovation of an existing 2,357 square-foot building
..
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
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
CLEARWATER FL 33761 - 2809
MORRILL, KEVIN K
MORRILL, LYNDA A
2909 EAGLE ESTATES CIR S
CLEARWATER FL 33761-
BRAUN, HOWARD
BRAUN, ELAINE
2921 EAGLE ESTATES CIR S
CLEARWATER FL 33761 - 2808
CURRY, PAUL
CURRY, ALEXANDRA C
2912 EAGLE ESTATES CIR N
CLEARWATER FL 33761 - 2805
KELLER, ALLAN G TRE
KELLER, JOAN A TRE
2900 EAGLE ESTATES CIR N
CLEARWATER FL 33761 - 2805
FIGURSKI, GERALD A
FIGURSKI, MELODY W
2975 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
MARKHAM, MICHAEL C
MARKHAM, STEFANIE G
2960 TALON DR
CLEARWATER FL 33761 - 2830
WILKS, HARRY S
WILKS, VANESSA L
2984 TALON DR
CLEARWATER FL 33761 - 2830
1\ it .'" .~
BARBOUR, V AN K
2982 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2809
.
PEA TIlE, 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
CLEARW ATER FL 33761 - 2808
FREIFELD, MITCHELL
3375 FOX HUNT DR
PALM HARBOR FL 34684 -
GOEBEL, THOMAS
2908 EAGLE ESTATES CIR N
CLEARWATER FL 33761 - 2805
NESBIT, TIFFANY D
NESBIT, P CRAIG
2991 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
BROWN, MARK W
BROWN, SUZANNE
2967 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
GRA WUNDER, GAIL E
2968 TALON DR
CLEARWATER FL 33761 - 2830
(,,"Ii ",,:~.'
RENTON, JOHN B
RENTON, EDITH L
2958 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2809
VINCENT, GILLES
VINCENT, ORNELLA
2905 EAGLE ESTATES CIR S
CLEARWATER FL 33761 - 2808
STUDLEY, RICHARD A
REYNOLDS, ERIC Y
2917 EAGLE ESTATES CIR S
CLEARWATER FL 33761 - 2808
KORNFELD, STEPHEN J
KORNFELD, JANICE T
2929 EAGLE ESTATES CIR S
CLEARWATER FL 33761 - 2808
WILSON, JAMES L
WILSON, CHRISTINE W
2904 EAGLE ESTATES CIR N
CLEARWATER FL 33761 - 2805
TURER, RICHARD S
TURER, SUSAN A
2983 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
FINSTAD, JEFFREY A
FINSTAD, AMBRYN E
2959 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
NAMM, GARY
NAMM, ELIZABETH
2976 TALON DR
CLEARWATER FL 33761 - 2830
MORELLI, A ROBERT SIMONE, PAUL
MORELLI, HELEN N SIMONE, ANITA
2992 TALON DR 2993 TALON DR
CLEARWATER FL 337~2rL e.LEARW A TER FL 33761 - 2831
. . .
LYNCH, RICHARD J CAROLLO, ROBERTJ BROCKMAN, GARY B TRE
LYNCH, RAE K CAROLLO, ANN P BROCKMAN, DOROTHY J TRE
2985 TALON DR 2977 TALON DR 2969 TALON DR
CLEARWATER FL 33761 - 2831 CLEARWATER FL 33761 - 2831 CLEARWATER FL 33761 - 2831
GOODMAN, MARK L LUTZ, ROBERTA TRE SULLIV AN, JOHN P
GOODMAN, LISA S 2924 EAGLE ESTATES CIR S SULLIV AN, KAREN A
2920 EAGLE ESTATES CIR S CLEARWATER FL 33761 - 2807 2970 EAGLE TRL
CLEARWATER FL 33761 - 2807 CLEARWATER FL 33761 - 2801
MAGDZIAK, MIROSLA W ESPOSITO, PETER V BREMER, JOHN H JR
MAGDZIAK, ALICIA ESPOSITO, LORETTA A BREMER, KAREN C
2978 EAGLE TRL 2986 EAGLE TRL 2994 EAGLE TRL
CLEARWATER FL 33761 - 2801 CLEARWATER FL 33761 - 2801 CLEARWATER FL 33761 - 2801
HAMM, JOHN E LUBOTSKY, LAWRENCE TRE ST AREGO, MICHAEL J
2886 GREEN MEADOW CT LESWING, KRISTI E TRE 2898 GREEN MEADOW CT
CLEARWATER FL 33761 - 2820 2892 GREEN MEADOW CT CLEARWATER FL 33761 - 2820
CLEARWATER FL 33761 - 2820
FLOREK, MICHAEL J CURRENT OWNER WALKER, DEBBIE A
FLOREK, BETTY J 2893 GREEN MEADOW CT WALKER, JERRY
2899 GREEN MEADOW CT CLEARWATER FL 33761 - 2820 2881 GREEN MEADOW CT
CLEARWATER FL 33761 - 2820 CLEARWATER FL 33761 - 2820
HITTOS, ELENI WINDER, WILLIAM A SCHROEDER, THOMAS P
2879 GREEN MEADOW CT DONAHUE, NOELENE SCHROEDER, DIANE C
CLEARWATER FL 33761 - 2820 2875 GREEN MEADOW CT 2869 GREEN MEADOW CT
CLEARWATER FL 33761 - 2820 CLEARWATER FL 33761 - 2820
f
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CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, December 16,
2003, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue,
Clearwater, Florida, to consider the following Level Two Application requests:
NOTE: All persons wishine: to address an item need to be present at the BEGINNING of the meetine:. Those cases that
are not contested bv the applicant. staff. neie:hborine: propertv owners. etc. will be placed on a consent ae:enda and
approved bv a sine:le vote at the bee:innine: of the meetine:.
1. (cont. from 10/21/03) Robert Hupp & Allen McMullen are requesting a flexible development approval to permit a
reduction in the front (north) setback from 35 ft to 15 ft (to pavement) and from 35 ft to 16 ft (to generator pad) along Charles
Avenue, a reduction in the required number of parking spaces from 98 spaces (5/1,000 sq ft) to 97 spaces (4.9/1,000 sq ft), an
increase in building height from 30 ft to 38.5 ft, under the provisions of Section 2-1004.C and to vacate 242 feet of Allen
Avenue right of way (Proposed Use: A 9,560 sq ft medical clinic.) at 3080 Allen Avenue., Acker's Sub, Elk 4, Lots 4-7 & 12-
15, part of Lots 8-11. FLD2003-08037
2. Griffin International Inc. are requesting a flexible development approval to permit the sale of alcoholic beverages on a
parcel of land contiguous to a parcel of land which is designated as residentially zoned property in the Zoning Atlas, as part of a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C. (Proposed Use: Alcoholic beverage
sales within a 2,100 square-foot tenant space located in an existing shopping center) at 1575 S. Hie:hland Ave., Sec. 23-29-15,
M&B 34.31. FLD2003-09042
3. G T Leisure Corp. / Roe:ers Beach Development (Villa del Sole of Clearwater Beach, LLC) are requesting a flexible
development approval to permit 6 attached dwellings (townhomes) with a reduction in the side (east) setback from 10 ft to 5 ft
(to building), the side (west) setback from 10 ft to 5 ft (to building), the rear (south) setback from 20 ft to 1 ft (to pool and
decking) and to permit parking that is designed to back out into the public right-of-way, as part of a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C, and Preliminary Plat approval for 6 lots [Proposed Use: Six
attached dwellings (townhomes)] at 181 Brie:htwater Dr., Bayside Sub. No.2, Lots 20 & 21 and riparian rights. FLD2003-
09046
4. Island Kev Development. LLC are requesting a flexible development approval for a multi-use dock for the
construction/reconstruction of 11 slips, dock and 4 catwalks with boardwalk along the seawall for a residential condominium
complex, with a reduction of the side (north and south) setbacks from 18 ft to 16 ft (to catwalks) and from 18 ft to zero ft (to
boardwalk) and an increase of the width of the dock from 75 percent of the lot width (135 ft) to 100 percent of the lot width
(180 ft), under the provisions of Section 3-601 (Proposed Use: Multi-use dock of 11 slips for Island Key Condominiwns) at
692 Bavwav Blvd N., Bayside Sub. No.5, Elk A, Lots 21, 22 & 23 and riparian rights. FLD2003-09044
5. BelCal Properties. LLC are requesting a flexible development approval to permit retail sales (financial services) with
deviations to allow direct access to a major arterial street (Belcher Road), to allow the use as a permitted use and in a separate,
primary building and to allow the use to serve patrons beyond the industrial area, as a Comprehensive Infill Redevelopment
Project, under the provisions of Section 2-1304.C. (Proposed Use: Retail sales and services (GTE Federal Credit Union), in
addition to a proposed distribution center and offices) at 1750 N. Belcher Rd., Clearwater Industrial Park, a part of Lot 12.
FLD2003-09047
6. Evervbodv's Tabernacle. Inc. & Homeless Emere:encv Proiect. Inc. are requesting a flexible development approval to
permit a residential shelter of eight units/beds in the Commercial District at 1211 North Betty Lane with a reduction of the front
(west) setback along North Betty Lane from 25 ft to 17 ft (to stairway ramping) and from 25 ft to 23 ft (to pavement), as a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.B, as an amendment to a previously
approved Comprehensive Infill Redevelopment Project (Case Nos. FLD 02-04-09 and FLD 02-04-09A) [which permitted a
residential shelter of eight units/beds at 1215 N. Betty Lane with reductions in the front (west) setback along North Betty Lane
from 25 ft to 15 ft (to stairwell) and from 25 ft to 23 ft (to building), a reduction of the side (north) setback from 10 ft to 4 ft (to
building) and a reduction in the rear (east) setback from 20 ft to 8 ft (to stairway ramping), under the provisions of Section 2-
704.B] (Proposed Use: Residential shelter of 8 units/beds) at 1215 & 1211 N. Bettv Ln., Pinebrook Sub. No.2, Blk E, Lots
15 & 16. FLD2003-09048
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7. Homeless Emerl!:encv Proiect. Inc. are requesting a flexible development approval to permit a residential shelter of 4 beds
with a reduction of the front (north) setback from 25 ft to 5 ft (to pavement), a reduction of the side (east) setback from 10 ft to
4.46 ft (to pavement), and to permit parking that is designed to back out into the public right-of-way, as part of a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, and a reduction of the side (west)
landscape buffer from 12 ft to 10 ft, as part ofa Comprehensive Landscape Program, under the provisions of Section 3-1202.G.
(Proposed Use: Residential shelter) at 1003 Carlton St., C.E. Jackson's Sub., Elk 3, Lot 11 less rd. FLD2003-09049
8. Moorinl!: Capital Fund. LLC (Family Resources, Inc.) are requesting a flexible development approval to permit a
residential shelter (16 beds for youth in crisis) and a sociaVpublic service agency in the Institutional District with a reduction of
the side (east) setback from 10 ft to 8.5 ft (to pavement), a reduction of the side (west) setback from 10 ft to 9.5 ft (to
pavement), a deviation to allow the residential shelter 900 ft (instead of 600 ft) from a transit line and a deviation to allow a
sociaVpublic service agency adjacent to residentially zoned property, as part of a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-1204.A, and a reduction of the landscape buffer along the side (west) property line from 12 ft
to 9.5 ft, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. (Proposed Use:
Residential shelter (16 beds) and a sociaVpublic service agency) at 1615 Union St., Sec. 02-29-15, M&B 12.05. FLD2003-
09051
9. Elias Anastopoulos is requesting a flexible development approval to permit retail sales and services with a reduction of the
front (south) setback from 15 ft to 4 ft (to pavement), reductions of the front (west) setback from 15 ft to 2 ft (to building) and
from 15 ft to zero ft (to sidewalk), reductions of the side (north) setback from 10 ft to zero ft (to ramp), from 10 ft to 1 ft (to
building) and from 10 ft to 5 ft (to rubber matting), reductions of the side (east) setback from 10 ft to zero ft (to pavement) and
from 10 ft to 3 ft (to rubber matting), a reduction of required parking from 5 spaces per 1,000 sq ft (38 spaces) to 3.19 spaces
per 1,000 sq ft (23 spaces) and a reduction in the width of the required foundation landscaping adjacent to the building from 5 ft
to 2 ft, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. (Proposed Use: A
7,610 sq-ft retail sales and services building) at 700 S. Gulfview Blvd., Bayside Shores, Blk C, Lots 11 & 12 and Bayside Sub.
No.6 Unit B, Blk E, Lot 13 and 15 ft vac rd on S. FLD2003-09045
10. ABR Plymouth Plaza. Ltd. (Tampa Bay Water/Jerry L. Maxwell, GM) are requesting a flexible development approval to
permit an office building with an increase of building height from 30 ft to 55 ft and a reduction of the side (east) setback from
20 ft to 10 ft (to pavement), under the provisions of Section 2-1004.F. (Proposed Use: 37,000 sq ft three-story office building)
at 2575 Enterprise Rd., Sec. 30-28-16, M&B 34.11. FLD2003-09053
11. South Gate Park. Inc. (Tree Tops at Druid) are requesting a flexible development approval to permit attached dwellings
with a reduction of the side (west) setback from 5 ft to zero ft (to existing pavement), an increase of building height to allow
perimeter parapets an additional 6 ft (from roof deck) and a deviation from the requirement to screen off-street parking from
adjacent parcels of land and any adjacent street, as a Residential Infill Project, under the provisions of Section 2-304.G, and
Preliminary Plat approval for 10 lots [Proposed Use: Attached dwellings (10 units, five per building)] at 2525 Druid Rd., Sec.
18-29-16, M&B 44.41 and Sever Park, Lot 3 less E 200 ft. FLD2003-08038
12. Dean C. & Anita J. Car1ev are requesting a flexible development approval to reduce the rear (east) setback from 15 ft to
zero ft as part of a Residential Infill Project, under the provisions of Section 2-803.C. (Proposed Use: Residential deck) at
1601 Sand Kev Estates Ct., The Moorings of Sand Key, Lot 30. FLD2003-09043
13. Michael & Stefanie Markham are requesting an appeal of the decision ofa Level One (Flexible Standard Development) that
approved an application reducing the side (east) setback from 15 ft to 10 ft 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) (Owners: Jeffrev A. &
Ambrvn E. Finstad) at 2959 Eal!:le Estates Cir. W., Eagle Estates, Lot 38. APP2003-00003
Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning
Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with respect to
any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based per Florida Statute 286.0105. Conununity Development Code Section 4-206 states that party status shall be granted by the
Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify,
present evidence, argument and witnesses, cross examine witnesses, appeal the decision and speak on reconsideration requests.
An oath will be administered swearing all participants in public hearing cases. If you wish to speak please wait to be
recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to
t
. ..
.
.
three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of
time up to 10 minutes.
Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by
interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100
S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to discuss
any questions or concerns about the project and/or to better understand the proposal and review the site plan.
This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
NOTE: Applicant or representative must be present at the hearing.
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF
THE SUBJECT PROPERTY.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE
SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE
SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4093.
Ad: 11/30/03
"
.'-
"
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
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
CLEARWATER FL 33761 -
BRAUN, HOWARD
BRAUN, ELAINE
2921 EAGLE ESTATES CIR S
CLEARWATERFL 33761 - 2808
CURRY, PAUL
CURRY, ALEXANDRA C
2912 EAGLE ESTATES CIR N
CLEARWATERFL 33761 - 2805
KELLER, ALLAN G TRE
KELLER, JOAN A TRE
2900 EAGLE ESTATES CIR N
CLEARWATERFL33761-2805
FIGURSKI, GERALD A
FIGURSKI, MELODY W
2975 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
MARKHAM, MICHAEL C
MARKHAM, STEF ANIE G
2960 TALON DR
CLEARWATERFL33761-2830
WILKS, HARRY S
WILKS, VANESSA L
2984 TALON DR
CLEARWATERFL 33761 - 2830
.
PEATTIE, 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
CLEARWATERFL 33761 - 2809
SEARS, LEANNE D TRE
2901 EAGLE ESTATES CIR S
CLEARWATERFL 33761 - 2808
MC CUTCHEON, GARY W
MC CUTCHEON, MOLLIE S
2913 EAGLE ESTATES CIR S
CLEARWATERFL 33761 - 2808
FREIFELD, MITCHELL
3375 FOX HUNT DR
PALM HARBOR FL 34684 -
GOEBEL, THOMAS
2908 EAGLE ESTATES CIR N
CLEARWATERFL 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
GRA WUNDER, GAIL E
2968 TALON DR
CLEARWATER FL 33761 - 2830
MORELLI, A ROBERT
MORELLI, HELEN N
2992 TALON DR
CLEARWATERFL 33761 - 2830
· BARBOUR, V AN K
2982 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2809
RENTON, JOHN B
RENTON, EDITH L
2958 EAGLE ESTATES CIR W
CLEARWATERFL 33761 - 2809
VINCENT, GILLES
VINCENT,ORNELLA
2905 EAGLE ESTATES CIR S
CLEARWATER FL 33761 - 2808
STUDLEY, RICHARD A
REYNOLDS, ERIC Y
2917 EAGLE ESTATES CIR S
CLEARWATERFL 33761 - 2808
KORNFELD, STEPHEN J
KORNFELD, JANICE T
2929 EAGLE ESTATES CIR S
CLEARWATERFL 33761 - 2808
WILSON, JAMES L
WILSON, CHRISTINE W
2904 EAGLE ESTATES CIR N
CLEARWATERFL 33761 - 2805
TURER, RICHARD S
TURER, SUSAN A
2983 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
FINSTAD, JEFFREY A
FINSTAD, AMBRYNE
2959 EAGLE ESTATES CIR W
CLEARWATER FL 33761 - 2810
NAMM, GARY
NAMM, ELIZABETH
2976 TALON DR
CLEARWATERFL33761-2830
SIMONE, PAUL
SIMONE, ANITA
2993 TALON DR
CLEARWATERFL 33761 - 2831
..
"
.
LYNCH, RICHARD J
LYNCH, RAE K
2985 TALON DR
CLEARWATERFL33761-2831
GOODMAN, MARK L
GOODMAN, LISA S
2920 EAGLE ESTATES CIR S
CLEARWATER FL 33761 - 2807
MAGDZIAK, MIROSLA W
MAGDZIAK, ALICIA
2978 EAGLE TRL
CLEARWATERFL 33761 - 2801
HAMM, JOHN E
2886 GREEN MEADOW CT
CLEARWATERFL 33761 - 2820
FLOREK, MICHAEL J
FLOREK, BETTY J
2899 GREEN MEADOW CT
CLEARWATER FL 33761 - 2820
HITTOS, ELENI
2879 GREEN MEADOW CT
CLEARWATERFL 33761 - 2820
Michael & Stefanie Markham
2960 Talon Dr.
Clearwater, FL 33761
.
CAROLLO, ROBERT J
CAROLLO, ANN P
2977 TALON DR
CLEARWATER FL 33761 - 2831
LUTZ, ROBERTA TRE
2924 EAGLE ESTATES CIR S
CLEARWATER FL 33761 - 2807
ESPOSITO, PETER V
ESPOSITO, LORETTA A
2986 EAGLE TRL
CLEARWATER FL 33761 - 2801
LUBOTSKY, LAWRENCE TRE
LESWING, KRISTI E TRE
2892 GREEN MEADOW CT
CLEARWATERFL 33761 - 2820
CURRENT OWNER
2893 GREEN MEADOW CT
CLEARWATER FL 33761 - 2820
WINDER, WILLIAM A
DONAHUE, NOELENE
2875 GREEN MEADOW CT
CLEARWATERFL 33761 - 2820
. BROCKMAN, GARY B TRE
BROCKMAN, DOROTHY J TRE
2969 TALON DR
CLEARWATER FL 33761 - 2831
SULLIV AN, JOHN P
SULLIVAN, KAREN A
2970 EAGLE TRL
CLEARWATER FL 33761 - 2801
BREMER, JOHN H JR
BREMER, KAREN C
2994 EAGLE TRL
CLEARWATER FL 33761 - 2801
STAREGO, MICHAEL J
2898 GREEN MEADOW CT
CLEARWATERFL33761-2820
WALKER, DEBBIE A
WALKER, JERRY
2881 GREEN MEADOW CT
CLEARWATERFL 33761 - 2820
SCHROEDER, THOMAS P
SCHROEDER, DIANE C
2869 GREEN MEADOW CT
CLEARWATERFL 33761 - 2820
41/01
-----1----
CHI CHI RODRIGUEZ
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.
.
CDB Meeting Date:
Case Number:
Agenda Item:
Owners:
Appellant:
Address:
March 16. 2004
APP 2003-00003
El
Jeffrey and Ambrvn Finstad
Michael and Stefanie Markham(2960 Talon Drive. Clearwater. FL. 33761)
2959 Eagle Estates Circle West
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF SUMMARY OF EVENTS
NOTE: The Community Development Board (CDB) heard this appeal case at its meeting on
December 16, 2003. It was continued to a date no later than the March 16, 2004 CDB meeting.
The CDB encouraged resolution of the setback issue through the homeowners' association prior
to the March CDB meeting. The owners have not yet sought approval from the homeowners'
association, desiring a CDB decision first. Section 4-504.A provides that a decision by the CDB
be made not later than 70 days from the receipt of the notice of appeal, unless the parties by
mutual consent extend the time frame for the Board's decision. Both parties consented at the
December 16, 2003, CDB meeting to the time frame of rendering a decision by the Board no later
than March 16,2004.
GENERAL INFORMATION:
REQUEST:
Appeal of the decision of a Level One (Flexible Standard
Development) that approved an 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).
BACKGROUND:
This 0.298-acre site is located on the northeast comer of Eagle Estates Circle West and Eagle
Estates Circle South. This comer lot presently contains a 2,815 square-foot, single-story detached
dwelling building, including an attached two-car garage, and is zoned LDR, Low Density
Residential District.
This case is an appeal of a Level One (Flexible Standard Development) that approved an
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, under Case No. FLS2003-08038. The application was considered by the Development
Review Committee at its meeting on September 18, 2003. A Development Order (Exhibit "A")
was issued approving the request on October 29, 2003. Attached is the Staff Report (Exhibit
"B") for the Flexible Standard Development case, where objections of the appellants were
originally addressed.
Staff Report - Community Development Board - March 16,2004 - Case APP2003-00003 - Page 1
.
.
APPEAL PROCESS:
The appellants filed this appeal on November 4, 2003. Section 4-501.A.3 of the Community
Development Code states that the Community Development Board has the authority to hear
appeals from Level One approval decisions. Section 4-502.A provides that an appeal of a Level
One approval (Flexible Standard Development) may be initiated by an applicant or property
owner within the required notice area and who presented competent substantial evidence in the
Level One review within seven days of the date the Development Order is issued. The filing of
an application/notice of appeal shall stay the effect of the decision pending the final
determination of the case. Section 4-504.B states that upon receipt of the application/notice of
appeal, the Community Development Board (CDB) shall place the appeal on the consent agenda
of the next scheduled meeting of the CDB. Notice of the date of such meeting shall be provided
the applicant and the appellants by mail and by telephone. The appeal may be removed from the
consent agenda only by a vote of at least four members of the CDB. If the appeal is not removed
from the consent agenda, the decision of the Community Development Coordinator is confirmed
as part of the consent agenda by a vote of the majority of the members of the CDB. If the appeal
is removed from the consent agenda, the CDB shall review the application, the recommendation
of the Community Development Coordinator, conduct a quasi-judicial public hearing on the
application in accord with Section 4-206 (notice and public hearings) and render a decision in
accordance with the provisions of Section 4-206.D.5 granting the appeal, granting the appeal
subject to specified conditions or denying the appeal.
Pursuant to Section 4-504.C of the Community Development Code, in order to grant an appeal,
(overturning or modifying the decision under appeal), the CDB shall find that, based on
substantial competent evidence presented by the applicant or other party, all of the following
criteria are met:
1)
The decision appealed from misconstrued or incorrectly interpreted the provisions
of the Community Development Code; and
That the decision will be in harmony with the general intent and purpose of the
Community Development Code; and
Will not be detrimental to the pu lic health, safety and general welfare.
i JJ
2)
3)
Prepared by Planning Department Staff:
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Zoning Atlas Map
Exhibits A - J
IIMS5clPDSIPlanning DepartmentlC D BIFLEXiPending cases I Up for the next CDBIEagle Estates Cir W 2959 - Finstad Appeal\Eagle Estates
Circle W 2959 Appeal Staff Report 3.16.04.doc
Staff Report - Community Development Board - March 16, 2004 - Case APP2003-00003 - Page 2
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2
.
.
CDB Meeting Date: December 16, 2003
Case Number: APP 2003-00003
Agenda Item: G 1
ORIGINAL
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF SUMMARY OF EVENTS
GENERAL INFORMATION:
OWNERS:
Jeffrey and Ambryn Finstad
APPELLANT:
Michael and Stefanie Markham (2960 Talon Drive, Clearwater, FL
33761)
LOCATION:
2959 Eagle Estates Circle West
REQUEST:
Appeal of the decision of a Level One (Flexible Standard
Development) that approved an 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).
BACKGROUND:
This 0.298-acre site is located on the northeast corner of Eagle Estates Circle West and Eagle
Estates Circle South. This corner lot presently contains a 2,815 square-foot, single-story detached
dwelling building, including an attached two-car garage, and is zoned LDR, Low Density
Residential District.
This case is an appeal of a Level One (Flexible Standard Development) that approved an
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, under Case No. FLS2003-08038. The application was considered by the Development
Review Committee at its meeting on September 18,2003. A Development Order (Exhibit "A")
was issued approving the request on October 29, 2003. Attached is the Staff Report (Exhibit
"B") for the Flexible Standard Development case, where objections of the appellants were
originally addressed.
APPEAL PROCESS:
The appellants filed this appeal on November 4, 2003. Section 4-501.A.3 of the Community
Development Code states that the Community Development Board has the authority to hear
appeals from Level One approval decisions. Section 4-502.A provides that an appeal of a Level
One approval (Flexible Standard Development) may be initiated by an applicant or property
owner within the required notice area and who presented competent substantial evidence in the
Staff Report - Community Development Board - December 16, 2003 - Case APP 2003-00001
Page I
..-J
.
.
Level One review within seven days of the date the Development Order is issued. The filing of
an application/notice of appeal shall stay the effect of the decision pending the final
determination of the case. Section 4-504.B states that upon receipt of the application/notice of
appeal, the Community Development Board (CDB) shall place the appeal on the consent agenda
of the next scheduled meeting of the CDB. Notice of the date of such meeting shall be provided
the applicant and the appellants by mail and by telephone. The appeal may be removed from the
consent agenda only by a vote of at least four members of the CDB. If the appeal is not removed
from the consent agenda, the decision of the Community Development Coordinator is confirmed
as part of the consent agenda by a vote of the majority of the members of the CDB. If the appeal
is removed from the consent agenda, the CDB shall review the application, the recommendation
of the Community Development Coordinator, conduct a quasi-judicial public hearing on the
application in accord with Section 4-206 (notice and public hearings) and render a decision in
accordance with the provisions of Section 4-206.D.5 granting the appeal, granting the appeal
subject to specified conditions or denying the appeal.
Pursuant to Section 4-504.C of the Community Development Code, in order to grant an appeal,
overturning or modifying the decision appealed from, the CDB shall find that based on
substantial competent evidence presented by the applicant or other party:
1) The decision appealed from misconstrued or incorrectly interpreted the provisions
of the Community Development Code;
2) That the decision will be in harmony with the general intent and purpose of the
Community Development Code; and
3) Will not be detrimental to the public health, safety and general welfare.
Prepared by Planning Department Staff:
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Zoning Atlas Map
Exhibits A - J
\\MS5cIPDSIPlanning Department\C D B\FLEXlPending cases \ Up for the next CDBIEagle Estates Cir W 2959 - Finstad AppeallEagle Estates
Circle W 2959 Appeal Staff Report. doc
Staff Report - Community Development Board - December 16, 2003 - Case APP 2003-00001
Page 2
.
.
Plaming Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4576
CASE #: M.(' 1....0 t) ~ - t) () 00 ')
DATE RECEIVED: JJr+l.ti.~ _=-=-
RECEIVED BY (staff ini~: __ y~__
~ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
~ SUBMIT APPLICATION FEE $100.00__
APPEAL APPLICATION
u,\'d On" and u,vd Two R"vi"ws (Rt.'\;S<'l! 03/29/0 I )
-PLEASE TYPE OR PRINT-
APPLICATION/NOTICE OF APPEAL (Code Section 4-502.A & B)
An appeal of a level one approval (flexible standard) may be initiated by a property owner abutting the property which is the subjeet of the approval
within seven days of the date the development order is issued. The filing of an applicationl notice of appeal shall stay the eKect of the decision
pending the final determination ofthe case.
All application/ notice of appeal of appeal of any decision of the city, as provided in Section 4-501, may be initiated by the applicant Of any person
granted party status within 14 days of the decision. Such application shall be filed with the city clerk in a form specified by the community
development CDordnator identifying with spedficity the basis for the appeal and a=mpanied bya fee as reqlired by Sedion 4-202.E The filing
of an application! notice r:i appeal shall stay the effeet of the decisioo pending the final determination of the case.
A. APPELLANT AND AGENT INFORMATION:
APPELLANT NAME: M~(;~~\ D~~ket.",
MAILING ADDRESS: lfl_j.!1~ Q_~-r ~~J2~ .ye__~ \,~~ ~~'\r _~'7b L___________
PHONENUMBER: 7JL_l'jb-_ ~70 _____ FAX NUMBER: 7~1__41:2:- to2iS__________
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER
FAX NUMBER:
B. APPEAL INFORMATION
CHECK THE SPECIFIC APPEAl:
ADoeals to the Communitv Develooment Board
CJ Orders, requirements, decisions or determinations made by
an administrative official in the administration of the
development code, except (or enforcement actions.
CJ Administrative interpretations of the development code
'~ level One (Flexible and Minimum Standard) approval
decisions
CJ Denials of any permit or license issued under the provisions
ofthis Code
ADDRESS OF SUBJECT APPEAl (if applicable): ). ~ .5:i-- ~~ toll Cs~-\e5 __ C ; r E/ l~~ ~ t.____
f LS 200'~ - 0'13 O'2.JS
ADoeals to a hearina officer
CJ Decisions of the community development board regarding
level two approvals
CJ Decisions of the community development board regarding
level one approvals
CJ OTHER (as allowed by Code)
SPECIFIC CASE NUMBER TO BE APPEAlED (if applicable):
DATE OF DECISION: (0 I ~q I D :;
---~-~---------
Page 1 of 2 - Appeal Application (level One and level Two Reviews)- City of Clearwater
.
.
c. BASIS OF APPEAL:
Explain in detail the basis for the appeal. Use additional sheets if necessary.
_ @,tlc;es _~~ c~--:-_%l v&_~_-kll~~j~______________________
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D. SIGNATURE:
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Signature of property O'Mler or representative
STATE OF FLORIDA. COUNTY OF P1NELLAS J [, 1-
~to Bri<rSubscribed before me this ~ day ci
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identificati on.
~iL CL(~p
Notary public.
My commission expires:
I, the undersigned. acknowledge that all representations made in this
application are true and accurate to the best of my knowledge.
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Page 2 of 2 - Appeal Application (level One and level Two Reviews)- City of Clearwater
.
.
CASE NO. APP2003-00003
LIST OF EXHIBITS
A. Development Order for FLS2003-08028, dated October 29,2003 (three pages)
B. Staff Report for FLS2003-08038 (six pages)
C. Application for FLS2003-08038 (nine pages)
D. Survey for 2959 Eagle Estates Circle West (one page)
E. Proposed Site Plan (two pages)
F. Surveys showing reduced side setbacks between 10-15 feet, submitted by applicant
( 11 pages)
G. Email from Wayne Wells to Markham & Sullivan, dated October 30,2003 (one page)
H. Email from Markham, dated September 17, 2003 (two pages)
1. Email from Sullivan, dated September 17,2003 (two pages)
J, Emails between Wayne Wells and Markham, dated September 7,2003, and September 9,
2003 (three pages)
.
.
CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LoNG RANGE PIANNING
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]. AUNGST, MAYOR-COMMISSIONER A
HoYf HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * Bn.L]ONSON, COM1sl0NER ,
"EQUAL EM "DYMENT AND AFFIRMATWE 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 ofthree 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).
.
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
IIMS5clPDSIPlanning DepartmentlC D BlStandard Flexlpending Casesl3 - Up for the Next DRCIEagle Estates Or W 2959 - Finstad
{LDR)IEagilf: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 IOOll 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 IS 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,
IIMSS,IPDSlPi",mg Depa,<mM"C D B'''wd,", FiaIP''"'',g C,,~12 - R",.6d~'~:~3:Di,gl' ES
C<, W 2959 - Fi"',", (WR) IE",I"959 "'!if R'p,".d,,- C' " ~.. . )
.
.
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.l 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
\\MS5cIPDS\Planning DepartmentlC D BlStandard FlexlPending Casesl2 - Reviewed and PendingI09-J8-03 DRC\Eagle Estates
Or W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 2 of 6
.
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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 REQillRED/ 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 B\Standard FlexlPending Casesl2 - Reviewed and Pending\09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR)\Eagle 2959 Staff Report. doc- Page 3 of6
.
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FLEXIBILITY CRITERIA (Section 2-103.B):
1. Development or redevelopment of the
parcel IS impractical without deviations
from the intensity and development
standards;
Consistent Inconsistent
[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 proj ect 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] [ ]
\ IMS5clPDSIPlanning DepartmentlC D BlStandard FlexlPending Casesl2 - Reviewed and Pending\09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report.doc- Page 4 of 6
.
.
GENERAL STANDARDS (Section 3-913):
Consistent Inconsistent
[X] [ ]
1.
Development of the land will be III
harmony with the scale, bulk, coverage,
density and character of adjacent
properties.
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 minimize
traffic congestion.
[X] [ ]
5.
Development IS consistent with the
community character of the immediate
vicinity.
[X] [ ]
6.
Design of the proposed development
nnmnuzes adverse effects, including
visual, acoustic and olfactory and hours of
operation impacts on adjacent properties.
[X] [ ]
I IMS5clPDSIPlanning DepartmentlC D BlStandard FlexlPending Casesl2 - Reviewed and Pending\09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 5 of 6
.
.
SUMMARY AND RECOMMENDATION:
The application and supporting materials were reviewed by the Development Review Committee on September 18,
2003. The Planning Department reconunends 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 Project, under the
provisions of Section 2-1 03.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 fmal 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:
Nl- H.
~
Wells, AICP, Senior Planner
ATTACHMENTS:
Application
I IMS5c\PDS\Planning Department\C D BIStandard FlexlPending Casesl2 - Reviewed and PendingI09-18-03 DRCIEagle Estates
Cir W 2959 - Finstad (LDR)IEagle 2959 Staff Report. doc- Page 60f6
.
/,", Y) ~2_-- L. - I \ ';.~--:-'r' '~\ 1'.".~ ,i
'-- ./1 - \ 1 -~--
I CASE #: i-.S ZQ{)-~ - oG03
DATE RECEIVED: ~ ,-I - 2..00 .
RECEIVED BY (staff initials):
ATLAS PAGE #: U't"
ZONING DISTRICT: LDP-
LAND USE CLASSIFICATION: JLS
SURROUNDING USES OF ADJACENT
PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
>-
rwater
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
o
~
0~
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
AUG :I :-, ;filli
o SUBMIT APPLICATION FEE $ 100.00
~t4
* NOTE: ~ TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS)
FLEXIBLE STANDARD DEVELOPMENT APPLICATION
Single Family (LDR or LMDR only) Residential Inlill Project (Revised 11/05/02)
- PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
APPLICANT NAME' -S e.. ~re(J -\- B.-n 1o('~Vl . F; '(") s \:o.-A
MAILING ADDRESS: 2q Qt CS~+e' C~ rc1 Wes~ \
)
PHONE NUMBER: 7;)" 7-7~':6- ~7 a'i FAX NUMBER: 7a~-7:J!--t - ~"'Zl '-l
'0 YV\ 'v;)y J V\ F i Y) 'b \- o...d.
PROPERTY OWNER(S):
J e. ~-r e-iet -\-
(Must include ALl~ ners)
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
FAX NUMBER:
CELL NUMBER:
E-MAIL ADDRESS:
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202,A)
z..CfSq tct()/e, c.s+cr/-es Cir~Je lUes/-.
LDT 3% - EA(,Lf: eSTATES
2-.cD l\ % LuJ 2.3~3 ~l 001) )03 ~o
10 42-3 AU-LS J I <(, ~2 9. ~ .5"<",;;(.. ht-/.
(acres, square feet)
PROPOSED USE(S) AND SIZE(S): I \2- E'S I Dr NT I A- L UN rT
(number of dwelling units, hotel rooms or square footage of nonresidential use)
STREET ADDRESS:
~~7 to ,
C/.r>Cl y t.pa/ey Ft...
I
LEGAL DESCRIPTION:
PARCEL NUMBER:
PARCEL SIZE:
DESCRIPTION OF REQUEST(S): . 7f)11<:. TrD n F- [~S f sid Ct."'" ot. I to f
(include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
~t. L-.v::;J Ski Ad~\~(t>f'\..~
"'" 1 01 6 -~'OX'b1' Stood"d o...'opm.ot.Appll"t1oo S'o.l. F,mllv ".(It 'Ofll~.i)'W''''
.
.
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) , A PRYIOUSL 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:
2.
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
",e. 'fiff 1J.:.:,ID/MeA I ().hll &: C4</;?fIJUE.I'J Tb tor 38" r UhLL
;,0 ,MJ AA:j 1 flu; iiI ;Ao)1t. u ,c;;; r; Iy r/ At ,bh.
1.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
-r?h;- .#1"0 tI.f, ,{/rke.t iJ 7 Its,dk.J j(J t,- gl 'hL~....l"(H.-d,.. 1''' (
(l-['rR.""(L \.H'..:\\D H-A-uf" .3 C....:\. (;CH'.:..jeJ r Z. 5'1v((<.~.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties. . I/" . /l /
If -tllle/~ e.. <?rH' '?I ~7ce'l r /'I/;;:L e.....'I1~S
o Provide complete responses to the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA - Explain hID! 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.
I ;v \ TI'h>L' T
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Page 2 of 6 _ Flexible Standard Development Application Single Family Residenti,allnfill 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.)
'7/; /J{ c,~ f L,lu cf {AU? /A.) '5'7"'4-'oU:: -rv/2E.
+- {JU D\ 1.'Y.i II'lJ (f f'J i rs .
3. The uses within the residential infill project are otherwise permitted in the City of Clearwater.
(J J \ f, 0 1\ J '5.' "'" (<L 0U,",1 J-h. ' N) Ht'
4. The uses or mix of use within the residential infill project are compatible with adjacent land uses.
(LlG AIL /Vcr U~tf,'/rJi.t 17* f/Jr ,,;:: /"0(4'~' S;""f!: A.,.-IclmJ 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 j / /1 3 r..:) C' j / J J <"" c:
/-I-c..Yrfl'1 ~,4/./ tT~ l/7cpt q ./q ,rT A.vt...
Inuel.Ju it.... U)UI of IIu /',ll'Jt'.$~" h, /"
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. .---,.J...- r.. " I, / ",J
0'7 c ..7 U).t'le. I'- S O~ l.e [) r
~, J "'it tI e. h~ NA H, CJvJ"/""Ju. 61 f:j.I 1/ fI'j t ~or~ coe!. .
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.
(Jill.
E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21 )
o
STORMWATER PLAN including the following requirements: ~ APPROVED
Existing topography exte.ndinfig .50 fdeeflt beyolnd at!1 proPfertyl1 lines; CITY Of CLEARWAltR TiQ<"'Jc ,,<:J,A'll.tV'I'7:l.' ~,.'? .
Proposed grading including Inlshe oar e eva Ions 0 a structures; -
All adjacent streets and municipal storm systems; 'UBUe WORKS ADUlftlSTRA . ..,/...IL';
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet~c.. .' ~.[ ture;
Stormwater calculations for attenuation and water quality; R.. <~ . ", .
Signature of Florida registered Professional Engineer on all plans and calculati~" tI.", ~I r I III 1 ..
COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER ~IiD~{')~~t~"I':!tl'iiUI'flll) l?iiRMIT 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
t l'1
-',; ()(j
i.J.J
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);
~ 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 (\.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;
rvdt4 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
.
u
H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-110
CJ
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 land sea
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 I 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 a and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development a
Irrigation notes.
A'I(J
o
oval (e.g. conditions imposed by the Community Development Board);
REDUCED LANDSCAPE P
to scale (8 % X 11) (color rendering if possible);
o
CJ 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;
REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if
possible) as required.
CJ
J.
SIGNAGE: (Division 19. SIGNS I Section 3-1806)
CJ All EXISTING freestanding and attached signs; Provide photographs (j dimensions (area, height, etc.), indicate whether they will be removed or
to remain.
CJ All PROPOSED freestanding and attached signs; Provid etails including location, size, height, colors, materials and drawing
CJ Comprehensive Sign Program application, as ap' . ble (separate application and fee required).
o Reduced signage proposal (8 % X 11) ( or), if submitting Comprehensive Sign Program application.
K. TRAFFIC IMPACT STUDY: (Section 4-801.C)
CJ 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 exception this requirement.
L. SIGNATURE:
STATE OF FLORIDA, COUNTY OF PINELLAS ~
Sworn to and subscribed before me this" t?oay of
, A.D. 20_ to e and/or by
, who is personally known has
produced ~ as
identification. L.D L r- SJ..3- 431--& 'l-~1f~ -.0 YJ 9 Cf
FC[)~ a.J....ooatif'-bPb-Ci.!3Jq,i/ 3/CS-
, ~1~"1f
...
EXPIRES: March 20, 2006
Bonded Thru Notar; Public UndelWriters
t- City of Clearwater
Page 5 of 6 - Flexible Standard Development Applicati
.
.
AFFIDAVIT TO AUTHORIZE AGENT:
"J0fat:y ( AMe.(~V\. +-\ t-JS~
(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):
~ ~59 ~Ie.- f~4-e\.ks Gf2.c-IL Wt:sr
_ G\ e~y-~~~V' 7=L 3~'7tol
I
2. That this property constitutes the property for which a request for a: (describe request)
<"6' r)..0-t.'\-{ 0 n 0 ~ ~_o.. ~\-- c.. i ,\.JL. ,::~\oc,-c-L -61'0 lV)
C"- c\ c~- 0.... 2- VI (~ s \0 r- ~ 0.. &&. \ -\--k) Yl
(
/5 1-0
/()J +
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-lfiL~
Prope n
STATE OF FLORIDA,
3/01 - jlo~
~cfq - 3/0S'
~1 lfLO ~ day of
who having been first duly SVlU)tR-. t:-z... D
,0
COUNTY OF PINELLAS
t-,f; ot~-o{) d(tJ g- --Go6 -l5
FG&.?r~1 ~ 1-(1%--0
My Commission Expires:
SUREKHA PAREKH
:YE~~~~~~~~~h#2~D2:300
0I1ded Thru Notary Pub/' '
_""".::;--__ Ie Underwriters
. -.........,.......,:~.:,...
Al r~i~}
,,<,I) 1 '.
S:IPlanning DepartmentlApplication Formsldevelopment reviewl2002 Formslsingle family residential infill application 2002.doc
'(.0,.....,
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I , 'i'~ L
Page 6 of 6 _ Aexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater
.
Jeffrey Ambryn Finstad
2959 Eagle Estates Circle West
Clearwater, Florida 33761
e
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 of Parking Spaces 4 6
Living Area (SQ Ft) 2,815 4,343
Lanai (Sq Ft) 367 367
Entry (SQ Ft) 120 120
Garage Area (Sa Ft) 380 700
^,! It 'j C'
l"\dU! oJ
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
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SECTION 20, TOWNSHIP 28 SOUTH, RANGE 16 EAST
PRCPARED FOR:
BradllJY and HannlJlorlJ Finstad
c/o Stephen G. Watts
Challenge Mortgage
1301 $lJminollJ Blvd" SuitlJ 140
Largo, Florida '33770
CERTTAED TO:
BradllJY Finstad and HannelarlJ Finstad
and '
Notional City Mortgage Company
and
Commonwealth Land Tit/IJ Company
and
Kimpton, Burke, White and Heiden, P.A.
DE'SCRIPTTON:
Lot 38, EAGLE ESTATES according to the '
plot thereof os recorded in Plot Book 74, ~~o
of the Public Records of Pinellas County, tf/di, ; ,I ,'> I
~ I I "7 ' .~ I
I.....,. /.'\. ,.1
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POINT Of
INTERSECTION
FOUND TIN TAB
t TALON DRIVE
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SCALE: l' - 30'
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THIS SURVEY WAS
PREPARED WITHOUT
THE BENEFIT OF A
TITLE COMMITMENT,
SET TIN TAB
RADIUS - 20.00'
ARC - 31.42'
CHORD - 28.28'
C.B. - S.45'09'22'E.
CONC. CURB
SET TIN TAB
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FOUND CONCRETE MONUMENT. 4',4~
FOUND
NUMBER
FLOOR
ElEVATION
RleHT -OF-WAY
PROPERTY LINE
TYPICAL
CONCRETE
flOOD ZONE NOTE:
THIS SITE LIES WITHIN A F.E.M.A. FLOOD ZONE C
ACCORDING TO FLOOD INSURANCE RATE MAP
COMMUNITY-PANEL NUMBER 125139 0089 C,
INDEX DATED MAY 6, 1999.
SURVEYOR'S CER77F!CAf1::
I HF:RF:BY CEIWf'o' THAT A SURl/O' OF niE PROPF:RIY
DESeRI8F:O HERF:ON WAS PER,W?Mt:D U.VDER MY
SUPERVISION ON__jULY'29, ;999 AND
THAr IT COMf>LIES WITH CHAPTER 61(;17..5, F.A.C.
THE PROPERTY CONTAINS iMPROVF:MENTS AS SHOWN.
TH~:f"CROACHM~NTS. -
r"_,"_,.... ..~-
FLORIDA LICENSED SURVrYoR .4oJp MAPpeR N". LS 1762
THIS SUR\IfY HOr: v.~(a WfTHrt7 :-r""-;. ~K;/~ RAISED SEAl.
AND SIGNATtJR€ OF ~~~'S!D. SURVf:YOR AND J.lAPPER.
P.C.-E. GONZALEZ
~ LLOVERAS BAUR & STEVENS
ENGINEERS - SURVEYORS - PLANNERS
ILB 0000208
29228 U.S. HIGHWAY 19 N.
CLEARWATER. FLORIDA 337el
Phone: (813) 784-396~ Fox: (813) 784-8153
DRAWN BY: RM GOM
CHECKED BY: RO
APPROVED BY:
DATE: JULY 29, 1999
SCALE: l' - 3D'
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JOB No.
,S152699E
BOUNDARY SURVEY
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.
.
SECTION 20, TOWNSHIP 28 SOUTH, RANGE 16 EAST
PREPARED FOR:
Bradley and Hannelore Finstad
c/o Stephan G. Watts
Challenge Mortgage
1301 Seminole Blvd., Suite 140
Largo. Florida 33770
CERnnED 70:
Bradley Finstad and Hannelore Finstad
and
Nationol Cily Mortgage Company
and
Comman"'eallh Land Title Company
and
Kimpton. Burke, White and Heiden, P.A
.,:,'"
DESCRIP11ON:
Lot 38. EAGLE ESTATES according to I""
plat ther",of 0$ recorded in Plot Book 74, poge -"0
of the Public Records of Pinel/os County, Florida.
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N.OO'09'22-W. \.. ....00.09'2..-,;, <s.oo::-:'Y
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ESTATES CIRCLE WEST ARC = 70.69'
I L_ 0 T t) CHORD = 63.6-4'
C.B. = N.4S"09'22"W.
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NOTE:
THIS SURVEY W/lS
PREPARED ~OUT
THE BENEm OF A
TITLE COMMITMENT.
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THIS SiTE UES WITHIN A F.E-M.A. FLOOD ZONE C
ACCORDING TO FLOOD INSURANCE RATE t.1AP
CO~(MU(!'7'(-PANEL NUMBER 125139 00B9 C
INDE~: :)ATED !.lAY 6, 1999. '
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SURVEYOR'S CERnFlCA TE:
I HEREBY CERTIfY ~T A SURVEY OF mE PROPERrY
DF3CR/Bffl HtREON If-lS P[RFORI.lE:D UNDER I.IY
SUPCRVlSION ON Jvcr 29. 199.Q AND
THAT If CC>>JPLIES WTlH O;APTER Me) 1-6. F.A.C.
THE PROPERTY CONTAlNS ""PROVOIENTS ,'S SHOWN.
I THERE ARE NO VISIBLE ENCROAC"'-'ENr:5
,~ -
I ~. $IVIDY' UDYERAS
\ F'LOR/~ L/CEf'lSED SUFrVF:YOR AND MAPPER No. __
"-- ~Z ~~f~ ~P}:;;:fK::~~~';:;:/~~/~_" .-:~.
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~ LLOVERAS BAUR & STEVENS
, ENGiNEERS - SURI/E)'ORS - PI.AN~(RS
ILa ??oo106
ztl2:za u.s. HQ1W,l..Y 19 H.
c~~,,:rrR, F'\..O;::lo,s.. s.J76i
Ph=n~: ce~JJ 7B~-3~fl5
DRAWN flY; ffw 100M
CH[Cl((O 8'Y: ~
pc.-[ GONZALEZ
, AP1""R'O\.'ID [r;:
I DAT[: Ji.1LY 29. ~n9
I = 1" - .)0'
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.
.
T2e/ISGQ 81111fJ '3
TOWNSHIP 28 SOuTH. RANGE 16 EAST
0E'SCRIPT10N:
Lot J8. EAeLE eSTATES aCCOrding to (flB
plot thereof os recorded in Plot Book 74, poge 40
of the Public Records of Pinel/os County. Florida.
SECTION 20,
PREPAReD FOR:
BradlBY and HannBlorll r"'star/
c/o Stephitn c:.o: Wotb'
Challenge Mortgage
1301 Seminal" 81w!.. Suite 140
Lorgo. Florida 3J770
CERT1F1ED 7D:
Brodley Finstad and Hannelore Rnstad
and
NoCianol Ci9' Mortgage Compon.v
and
Commonweolth Land Title Company
and
Kimpton, Burke. White and He;den. P.A
~ TALON- DRIVE
POIMr 01'
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rOUN() ~ TAl!
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THIS SURVEY w.
PREPARED
THE BE
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ARC - Jl.U'
CHORO - 28.2ll'
C.8. - $.45'01"22'E.
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THIS SITE UES WITHIN A F.E.LlA flOOD ZONE C
ACCORDING TO FLOOD INSURANCE RATE MAP
CO~{M:.J;'J!TY-PAN[L NUMBER 125139 0089 C.
INOEl( :.JA'TED I.IAY 6, 1999.
SURVEYOR'S CERnFlCATE:
I HEREBY CERrl1'\' 7H4T '" SClRIfY OF THE: PROPERTY
DESCRtIKD HCRCON 1I'-4S PUlrDmlaJ UNDER UY
SUPf:RVISION ON JULY 29, 199.9 .!IUO
THAT IT COWPUES WTTH ClIAPIUl 61(;/ '-6. F.A.C.
THE: PROpeRTY CONTAINS /IJPROlIFJIE/ffS .'05 SHOWl\!.
m~ I1SI8LE_fl>'CROACH/.<CNr.5.
~- SANOY" L1.0\IfRAS
FLORIDA LICENSED SURm'OR ANl) IMPPCR No, l.S
'!!!! !_~_'!!'~_YAlJt:!. rrItfHO(J'f 'tHE" ~ R;;.':;(:; :.: ~.
~ LLOVERAS BAUR &. STEVENS
ENGINEERS - SUil\IEYORS - PlNlNEI!S
'L8 ??oo208
29228 v.s. HIGHW"y 19 N.
Clr.A.RWI.:ra. F'"\.O:~ 337M
Ph....: (e~3) '8~-3;85 F'o-t:. (1113) 7&4-11153
llIlAWN B": /1101 OOM Joe No.
CH(OCrn BY: '!9
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llA1E'_.JtJlY 29. 1999
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CITY OWNED Pfi'OP[RTY
4709-1177
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AIID VICINITY
PIIlBILAS COUIITT. FLORIDA
PREPAAED BY
PUBLIC WORKS ADIIINISTRATlON
ENCINEERINC
100 S. N)fUe "...., et.or..ot.... rL 33158
Pro.: (1113)5&2-4750. for.: (813)52&-4755
Mtp: Ilwww,cltorWGt...-fLcom/fiIqln..,/
Dlsclaim.r:
Public In1ormotton dolo Is fOrnlsned by lh. City or CltorWCIl.,
Publk: Wor"s Adtnlnlstrotlon!En91t1..-rnq. and mu.t be ace.pled
ond uud bV the ,.clolenl with the LIIu:Ser.tondn9 thot the doto
reulwtd WOI calte-cted for the pUlpaR 0' dnelop1nq (I qroptdc
Infrastructur. InwntOl)'. "'. WJctl. the City of CleotWCII., PWA/E
mOk.. no WO'"roI'lU." '"~I".-<l or implied. conc.mln9 tn.
accuracy. CCIf'f'lPIeienn.. rdloblllty. Of suitability or thl. doto (or
any other patlleulor uu. F"urlh<<more, (he City o( Cleorwtdter
PWA/E o.sum" no lIobillty whotsoewr ossocioted w1tt! the use
or mlsuse or such doto.
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LEGEND:
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@ BLOCK NUMBER
1234 LOT ApDRESS
CI TY liMITS LINE
EEEJ ~~~~I~ ~~~R;A~~~P~~~Y LIMITS
. AGREEMENT TO ANNEX
. CITY OWNED PROPERTY
MDR ZONING DESIGNATION
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- ZONE liNE
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ZONING ATLAS .
2008
SE 1/4 OF SECTION
20 - 28 S - 16 E
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BOOk 74, pages 40 , 41. public records of Pine11as County.
Florida. N!!l -I t1 ~:UUi
PREPARED EXCLUSIVELY FORa Gary M. Catenac Corp.r John H. HALEY, jr.
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BOUNDARY SURVEY
LOT 4, EAGLE ESTATES
PINELLAS COUNTY, FLORIDA
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PREPARED FOIl F'LAIII HOIIEI. INC.
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Description:
Lot 4. aap or plat entitled EAGLB ES'rA'l"ES. ., reeotdell in ,l.t
Book 74. pages 40 and 41 of the Public Recor41 of p1nel1&.
County, Florida.
This Lot lies in Flood ZOne .C. per Flood I~..nc. Ilate H.p,
.C~nity Panel No. 125096 0006 B. panel not Mlnt"', National
Flood Insurance Progr_. Federal l'aergency """-'''''' AqelW',
Elevations referenced to IIGVD of 1929. Mean II.. lA'I.l . IhOO'.
AI' 19 20UJ
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MICHAEL BAKER ASSOCIATES
LAND $11IWEYOR$ tI.tI PLANNERI
17 EAST TARPON AVENUe
TARPON SPRINGS. FLORIDA 14'"
11131 n.. SOil UIII .... fl'-
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DATE" ./15/.7
121221.7 FORM TIE IN
DRAW~ BY' J K
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NOTE',COPIES 01 THIS MAP HOT BEAIlING THI
SURVEYOR'S EII80SSED SE:AL ARE NOT VAUD.
LllI'fDA REa HI. 4011
SCALEI ,.. 30'
I HEREBY "It,," fMAY' TlfI_ATTACHED llelTCH tW
SURV EY IS. 'I" .... co.U.df TO THI IllY' fW 0UIl
ICNOWLEDR lILlI' &NO 'HAT THERI Alii 110
ENCIlOACltII' ..... FEM1RION AND IT
MEETS TH' _ltlMvlll ,""II AL ITAHDAROI saT
fOItTH IV Tit' P\.A. ,'AT' fW LAND IUIlVPOllS.
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RWisriJ' '.5-I4-8S: ADQID ~ ~c:tW BE~A"NJM
"..lrIY CDTIn THAT THIIUltYlY' CERTIFIED FOR FOUNDATION
ItUIlIINTID HIIICON IIIIT.I THI ' TIE IN
lIOUtII..INT. OF CHAPTU II HH-I '), .;
NNlIDA AD.......TRATIVI CODe ; C A.;/ ,p.,4.J. ~.
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KING ENGINEERING ASSOCIATES, INC.
Consulting Engineers · Surveyors
l-OT 4' EA6LE ESTATES. PJAT 8()()K 7-4. PAG.E"S 410 i ~ I
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S. AI. nue l'OINlS AM _lll U1USS 011.__ Nil 1111.
.. lMS UWY IS NO' IflblDlD 10 SlIOW IIC LOCAllIlN Ull llllS llHCl 01 NtY .aIlllSlllCIlllHAL. IIAZAIlOOUS OR lNIIlllOIMNIAI. Y sultnr,. MUS.
g ,. K-,I.Il_4"'UIIS_1O. If flOOD lOIjf 1_",ACr.1lIIlIING 10 lIC fl.II"" lIellGt:HeY UAlU.CllIllNI AGlHeY. FlOOD ....MCI IIAlr IIAP, CllUUUNIlY 'ANn NUUl(II
i ~~-b . OAKII(dU'h"-8, ""AAK ASSOCIAIIS. INC., PllOWlC. ""lNFlIIlIoIAllOH A' A COUIIIlIY ONLY. I'ClLAlllS ASIOClAIlS, INC.
- .. -- UW_ ICll(ClIl AISlYl' NO UAa.II" ,CJll he ACCUllACl' f'I 11ft ZUIC DlII-.'1ClIl. lie l'llI'Alllll f1f 1tC IIAP, H FlDlIIAL IloIlllCCNCY
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.. UNLISS 0...... INIllCAtrD. lHr I'llCftlllY ....- /lItO IASlloCNlS SllOllH Mill FUllHISHID 10 I'ClLAllII AISOCIAltS. INC. Me Me I'IlIIUU[D '0.
COllIlICl. HO KAllCH 01 AllY PUatC "COllIII. FUll rAK......I" DlIQS, rre., WAS I'IllFOIIIoCD IY ha, flllU FCJll IIC C:OWU_ 01 '"" ~Y.
.. nPA1IClIlI (IF _ICll(ClIl) AlII ....0 ClIl__-P/A IIAWtO Nt IUVA_ OI-H&!.-IIA_AL GlODIfIC V111llCAL OAlUU, 1t2t.
10. '"" ~, WAS ......AIlID .!HOUI lie KlIUII .. AI, AllSfllACI 16 IIILl IlHlI MAY . ~CI '0 IA.IIl"I" IlIS1RlClIOHS. llIOIlS-OI-WAY AND OfICII
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teCHNICAL "ANDAlIOS $11 '01111' It. 1111: 'UJR",A 110""" to" __.__
II'lIOIUSIClHAl. LAND _'C'OII$ If 0...,.1111 '''''7 - ". BOUNIlARY -6'~"l AS SOCIA /u INC.
nOlltOA AOWlISIIIAII'C C(lII[, -~ PROFeSSIONAL SUR'iF~NG
l>UllSU,.,.I 10 S1CIION r/1;. ~ u~ .~~ 5/0 SOUII' LA/(( DRI~ SUlI( A
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Certified to Rutenberg-JIghlb, Ltd.
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ClRTI"ED POI "NA&.
SURVEY
; B8Y J. GOODMAN
fLORIDA REGISTERED SURVEYOR No.40~~
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FLOOD HAZARD ZONE C
PANEL NO~ 125096 oo2B
DATE REVISED Not Printed
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Poundation SURVEY
ORDER NO. 50065
SEC. It} . lWP. 18 SJWG. /~
PlNEUAS COUNTY. FLORIDA
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Lot 5, Eagle Estates
-
AS RECORDEtI IN PlAT BOOK 74
PUBlIC RECORDS OF Pinellas
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PAGE 40 & 41
COUNTY, FLORIDA
THIS SURVEY FOR AND AT THE INSTANCE OF:
Arthur Johannessanl Inc.
ROBERT A. MPBELL RLS
FLORIDA RE TAATlOH NO. 1082
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CAMPBELL CONSULTANTS, INC.
LAND SURVEYORS ·
.118 -122nd AV!!. NO.-CLEARWATER. FLORIDA - PHONE (113)57"'"
DATE OF SURVEY March 18. 198'i
4)
" here,?y certity that the survey Represented hereon meets the requirements ot Ch. 21.HH6 FA-C.
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~ RECORDED IN PlAT BOOK .:&... , PAGE 40,4-1 , OF THE PUBUC RECORDS
OF PlNElLAS COUNTY, flORIDA.
BOOK PG.
OWN. BY: IC-
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I HEREBY CERnFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF C~ER 21 HH-6, OF THE flORIDA ADMINISTRATIVE CODE.
DATE: 8-0 - EVANS LAND SURVEYING
1780 MAIN STREET - UNIT 0
DUNEDIN tFLORIDA 33528 PH: 734 -3821
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From: Wells, Wayne
Sent: Thursday, October 30,200311 :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 (COB), such filing of the appeal will stay the effect of this
decision, pending the final determination by the COB. 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
~ ~
Eagle 2959 Staff Eagle 2959
Report.doc ;!velopment Order.d
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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 f~~\,ter !::u Iffi
9118/2003 ~ - JR)'
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Page 2 of2
base. In the 10 foot area between the new construction and the property line will be two NC 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
m1J1arkham@tamgabay.rr.com
9/18/2003
.
.
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 011 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 will 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, 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......
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9/18/2003
yage L. U1 L.
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Thank you for your time and cinsideration.
John & Koren Sullivan
2970 Eagle Trail
Clearwater,Fl33761
9/18/2003
.
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Page 1 of3
Wells, Wayne
From: markham [mmarkham@tampabay.rr.com]
Sent: Tuesday, September 09,2003 10:19 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, Le. 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 lanaL 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: Well~L'i'La-YJ1e
To: 'rr1~Llillam~
Sent: Sunday, September 07,20039:48 PM
E~~'.\;,t ~
(3M~
9/10/2003
.
.
Page 2 of3
Subject: RE: FLS2003-08038 - Flexible Standard Development Approval
Mike & Stefanie -
1. In the LOR, 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
9/10/2003
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Page 3 of 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
l
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Wells, Wayne
From:
Sent:
To:
Subject:
Fierce, Lisa
Monday, March 15, 2004 9:53 AM
Gerlock, Chip; Reynolds, Mike; Wells, Wayne
comments from cdb members
as i called for attendance, here are the questions/comments you need to be able to address tomorrow
doran - how many hotel units could be built on the dennehy site? (he couldnt do the math); is the appellant's house on the
eagle estates case 10 feet from his property line (near the defendant's site)?
plisko - not a cdb question but a sign question - he repainted his building and took down his attached sign; his site is zoned
commercial; what can he have? i told him 20 square feet minimum/one sign; can do comp sign program up to 6% with
more than one sign
hooper - what is the requirement for signed/sealed plans? told him need survey to be signed/sealed and storm cales; what
about site plans?? he said there are many in his packet NOT signed/sealed including site plans and cales (maybe we just
have the file copies signed and sealed?)
gildersleeve - on dennehy's site - how can we agree with height? (told him it's a compatibility issue when tourist district
abuts residential); we asked for mitigation (not telling applicant how to do it); he wants to see the mitigation before he
approves (may request a continuance or that it be brought back to board)
Lisa L. Fierce
City of Clearwater Assistant Planning Director
Ii sa. fierce@MvClearwater.com
727.562.4561 phone * 727.562.4865 fax
Buckeye and Buccaneer Fan - GO BUC(K)SI
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SITE P
CASE #
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SECTION 20, TOWNSHIP 28 SOUTH, RANGE 16 EAST
PREPARED FOR:
Bradley and Hannelore finstad
c/o StepMtfl G. Watts
Chotrenge Mortgage
'3D I Seminal" Bh,d., Suite 140
Largo. F10rida 33770
CERT1F1ED TO:
Bradley Finstad and Honnelor~ Finstad
and
Notional City Mortgage Company
ond
Common"'eol/h Lund Tiffe Comoonv
and . -
Kimpton, Burke, White and Heiden, P A
DE:SCRIPT1ON:
Lot 38. EAGL: ESTATES according 10 the
plot thereof os rc:corrfn:! in Plat Book 74, page ~o
of the Public Records of Pine/lo$ County. Florida.
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ACCORDING TO FLOOD INSURANCE RATE MAP
COMMUc!'7Y-PANEL NUMBER 125139 0089 C,
INDEx ;;ATED MAY 6, 1999.
SURVEYOR'S CERTIFICATE::
I H~RF:BY C[RTIFY ~T A SURVf:t' OF 1"H[ PROpeRTY
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SUPERVISION ON JUl.}" 29. 1999 NJO
THAT IT COIJPUE:S WiTH C-'4APrER ti1GI1-6. F.A.C.
TlfE PROPeRTY COWfAlNS IIJPRO"9J[fo/TS .'.5 SHOWl-!.
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FLOff/DA LICENSED SUR'V'EYOR AND MAPpeR 1'0. _.
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~ LLOVERAS BAUR & STEVENS
ENGINEERS - SURvEYORS - PlANNERS
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Zl/228 U.s. _"y 19 N.
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APf"'RO\.."fD DT:
OI.lE: .r.JLY 29. 11>99
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C ~.I.39 oct!J9C ~'o'.83
FloOd Zone F.I.A.M. RevitIon BaM Flood EIev.
BOUNDARY SURVEY OFz Lot 39. BAGLB BS'rA'lBS as recorded in Plat
BoOk 74, pages 40 , 41. public records of pine11as County.
Florida. .
PREPARED EXCLUSIVELY FORz Gary M. Catenac Corp. J John H. HALBY.
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