APP2003-00002
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Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4576
CASE #: Ll-LJ1--doo.:3.~_~_
DATE RECEIVED: __Y~O_-:d_~____
RECEIVED BY (staff initials): ___________
~~~::T::~~~:~~~~
Level One and Level Two Reviews (Revised 03/29/0 I)
RECE\
APR 3 U 2003
PLANNlNG DEPARTMENT
ClTY OF CLEARWATER
SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
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SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
SUBMIT APPLICATION FEE LI-OO-.-OO--
APPEAL APPLICATION
-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 subject of the approval
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.
An 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 filed with the city clerk in a form specified by the community
development coordinator identifying with specificity the basis for the appeal and accompanied by a fee as required by Section 4-202.E. The filing
of an application/ notice of appeal shall stay the effect of the decision pending the final determination of the case.
A. APPELLANT AND AGENT INFORMATION:
APPELLANT NAME: __E,~_ligiouR-r.omml1 n; ~--Sex-v:ices-~--r~,-y---a---F-lm;i-da--nG-t--fe..I;-fH'-e-f-i-t--e-e-F-pe-r-a-t-io
MAILING ADDRESS: _L~~i_~ig_l:!.;!'_<!~~_A':':~A~~_.$_~L_gJ::.~~!:~~!:_~!'L_K1__1112S>_1-_~tJ~.DJ__RmLl)LckJllg.n________
PHON E NU MBER: _L2.Z.:-...5.8.-4.=-3528_____________________ FAX N UMBER: __~y - 'i~L:J.1..~2____________________________
AGENT NAME: __~~~~_~_~~__St_~~_le~~__~~_qg_~!:~___________________________________________________________________
MAILING ADDRESS: _~_~~-=-~!__~<:.~!~~_~y__:__~.91 __~~s ~__-I~~~_~9A_.$_~~_~__~!~~__~LQ9_"'__.I~!!l2.~L_K1__l3 6_Q2_____
PHON E NU MBER: 8.1.3.__=22.2-:.6~2J_______________________ FAX NUMBER: ___81.1=-31lL-:..6..9.2J____________________________
B. APPEAL INFORMATION
CHECK THE SPECIFIC APPEAL:
Appeals to the Communitv Development Board
o Orders, requirements, decisions or determinations made by
an administrative official in the administration of the
development code, except for enforcement actions.
o Administrative interpretations of the development code
o Level One (Flexible and Minimum Standard) approval
decisions
o Denials of any permit or license issued under the provisions
of this Code
Appeals to a hearino officer
:lIU Decisions of the community development board regarding
level two approvals
o Decisions of the community development board regarding
level one approvals
o OTHER (as allowed by Code) _____________________
ADDRESS OF SUBJECT APPEAL (if applicable): _4.92_K~__t1yJ;:,~1.~__~y_~!l..!!~__(R.~l_igiQ!lJLJlQl@!!lJ:!i__1;y-_SgJ;:.Yi..C~JLi:.Qod an try)
SPECIFIC CASE NUMBER TO BE APPEALED (if applicable): ---FLD2-00-3-=.O-2-0-l--l-------------------------____________________
DATE OF DECISION: ___~p_~i1._LZ._LfQ03________
Page 1 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
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C. BASIS OF APPEAL:
Explain in detail the basis for the appeal. Use additional sheets if necessary.
---JPJLe~~~-~~~~~-~x~l~~i-e-n.----------------------------------------------------------------
D. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this 29J:h day of
4P-r..i.L----------, A.D. 20-O-J_ to me and/or by
~r~lu~~--J~~~~~~t_~~_~~_O__~~_!_ers~:~~~__~no~~ h::
identification.
October 18, 2005
BONDED THRU TROY FAIN INSURANCE, INC
IIMS2IPDSIPfanning DepartmenMpp/ication Formsldevelopment reviewlAppeal Application. doc
Page 2 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
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C. BASIS OF APPEAL:
The decision of the Community Development Board ("Board") was not based upon
substantial competent evidence and should be reversed to permit Applicant the
opportunity to present evidence in support of the application. The decision of the Board
does not specify any reason for the denial of the application and no substantial basis for
such decision was provided by the Board. Additionally, to the extent that the Board
members indicated reasons for the denial of the application the Board's decision is based
upon mistake. The decision was apparently based largely on an unsubstantiated and
entirely incorrect perception of the Religious Community Services, Inc., Food Pantry
operation and its parking requirements. No competent evidence was offered to or
received by the Board to support the perception that the Food Pantry would increase
drugs, crime, would invite nonproductive individuals into the north Myrtle neighborhood
or cause other problems in the area. Indeed, significant evidence to the contrary was
received, and Applicant's representatives were not permitted adequate opportunity to
rebut such allegations or to offer a reliable solution to the parking issue raised.
Accordingly, the decision of the Board should be reversed and the hearing should be
rescheduled to permit the Board to receive and consider competent evidence in regard to
the Application.
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RECEIVED
APR 0 0 2003
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PLANNING DEPARTMENT
.^".-.-.--.~fT'\TaEl""r
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BRYAN J STANLEY OR 11-24-95
SARAH CSTANLEY
12 Desoto PI
Belleair, FL 33756
2541
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DATE
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63-656/631
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FAX MESSAGE
City of Clearwater, Florida
Office of the City Attorney
Phone Number (727) 562-4010
Fax Number (727) 562-4021
ro:
Cynji Tarapani, Planning Director
Lisa Fierce, Assistant Director
_OCATION:
Planning
FAX NO.:
4571)
FROM:
Leslie K. Dougall-Sides, Assistant City Attorney
DATE:
May 23, 2003
TIME:
NUMBER OF PAGES OF THIS MESSAGE (INCLUDING THIS PAGE): 2
MESSAGE:
Attached for your file a nd information is a copy of Notice of Dismissal re~ Notice of
Dismissal re: Reliqious Community Services, Inc. v. City of Clearwater PlanninQ
Department, DOAH Ca~e No. 03-1729..
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05-23-03 JZ~Z2 FrDm.RUtlEN ~LCSKY
715624021
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
REUG-IOUS COMM1JNITY SERVICES, INC.,
a Florida no~-for-profit corporation
CASE NO. 0:;-1729
FLD 200:;-02011
Petitioner,
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A Nlly ~ J 1V12D
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CITY OF CLEARWATER PLANNING
DEPARTMENT.
Re spond em,
NOTIC€ OF DISMISSAL
cOM'ES NOW, Petitioner Religious Community Services, Inc., a Florida not.for-profil
corporation, and volunt<1tily diSlniss
the foregoing appeal
BRY J. STANLEY. ESQ.
Atto~ for Religious Community S ICC::>, Inc.
Ruden. McClosky, Smith, Schuster & Russell, P.A
40l E. Jac.kson Street. Suite 2700
Tampa. Florida 33602
Tel. (813) 222-6627
Fmc.(813) 314-6927
CERTIFICATE OF SERVICE
1 HEREBY C)!:RTfFY that a true and COlTeCl copy of tbe foregoing was fumished via
U,S. Mail to Leslie K. Dougall-Sides. Esq., P.O. Box 4748, Clearwater, Florida 33759-4748
this 22nd day of May, 2D03 __ ~
~~~~
"BRYA . STANLEY, ESQ.
TP^:2774(,' :1
A1fZ&3- oiJ)() 2.,
Receipt #: 1200300000000004608
Date: 05/08/2003
5/8/2003
2:54:23PM
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~ine Items:
~ Case No
,-. __ APP2003-00002
....... Payments:
Method
Tran Code
Description
Appeals Fee - Hearing Officer
Revenue Account No
Amount Paid
010-341262
Line Item Total:
400.00
$400.00
Payer
Bank No
Account No
Confirm No
How Received
Amount Paid
e
Check
RELIOUS COMMUNITY
SERVICES, INC
31317
In Person
400.00
Payment Total:
$400.00
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THIS IS NOT A PERMIT.
This is a receipt for an application for a permit.
This application will be reviewed and you will be notified as to the outcome of the application.
eReceipt.tpt
Page I of I
CITY OF CLEARWATER
DEVELOPMENT SERVICES
MUNICIPAL SERVICES BUILDING, 100 SOUTI-I MYRTLE A VENUE
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
Telephone (727) 562-4567 Fax (727) 562-4576
CASE SUMMARY
APP2003-00002
405 N MYRTLE AVE
RELIGIOUS COMMUNITY SERVICES
05/08/2003
WEOPLE
Role
Owner
Name/Address
MYRTLE PROFESSIONAL
CENTER
600 BYPASS DR # 219
CLEARWATER, FL 33764
Owner BRYAN STANLEY RUDEN, MCCLOSKY
401 EAST JACKSON ST
TAMPA, FL 33602
PH1 813-222-6627
FAX 813-314-6927
FEES: APP2003-00002
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Assessed Amou nt
Appeals Fee - Hearing Officer $500.00
Total $500.00
Amount Paid
$500.00
$500.00
Balance Due
$0.00
$0.00
CONDITIONS
ACTIVITIES
Description
Application received
Disp Done By Date 1 Date 2 Date 3
NS 5/1/03
APP2003-00002
405 N MYRTLE AVE
F :\PPLAN\forms\lnfoSummary.rpt
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Receipt #: 1200300000000004317
Date: 05/01/2003
5/1/2003
9:08:43AM
.,
Line Items:
Case No
Tran Code
Description
Revenue Account No
Amount Paid
APP2003-00002
Appeals Fee - Hearing Officer
010-341262
Line Item Total:
100.00
$100.00
Payments:
Method
Payer
Bank No
Account No
Confirm No
How Received
Amount Paid
Check
BRYAN J STANLEY
2541
In Person
10~
Payment Total:
$100.00
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THIS IS NOT A PERMIT.
This is a receipt for an application for a permit.
This application will be reviewed and you will be notified as to the outcome of the application.
cReceiptrpt
Page 1 of 1
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APR 3 0 2003
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BRYAN I ST ANLJ3Y OR 11-24-95
SARAH CSTANLEY
12 Desoto PI
Belleair, FL 33756
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DATE
~~~OF C[.~ ot {'/~"-~r $ /<1P, n
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SUNTRU8T IlA:JRTfolio BANkiNG
SunTrust Bank
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0." '"'- _""~:;::._.>~_..__._ ~:_'" . 'w o. . ...... ..__. .. _ ..... __. ....: . . .,.....,"'".. _ .~ ''''''.'_ _ _............~,....~.._._.
2541
63-656/631
fn 5'0"''''
Faatufes
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Back.
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Receipt #: 1200300000000004317
Date: 05/0112003
5/1/2003
9:08:43AM
Line Items:
Case No
Tran Code
Description
Appeals Fee - Hearing Officer
Revenue Account No
Amount Paid
APP2003-00002
010-341262
Line Item Total:
100.00
$100.00
Payments:
Method
Payer
Bank No
Account No
Confirm No
How Received
Amount Paid
Check
BRYAN J STANLEY
2541
In Person
lOa
Payment Total:
$100.00
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THIS IS NOT A PERMIT.
This is a receipt for an application for a permit.
This application will be reviewed and you will be notified as to the outcome of the application.
cReceipt.rpt
Page 1 of 1
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Fierce, Lisa
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From:
Sent:
To:
Cc:
Subject:
Tarapani, Cyndi
Wednesday, April 30, 200311 :44 AM
Dougall-Sides, Leslie; Fierce, Lisa
Hollander, Gwen
RE: Food Pantry Appeal
I am asking Lisa to coordinate this appeal. Thanks.
Cyndi T arapani
Planning Director
(727)562-4547
ctarapan@clearwater-fl..com
-----Original Message-----
From: Dougall-Sides, Leslie
Sent: Wednesday, April 30, 2003 11:21 AM
To: Tarapani, Cyndi
Cc: Hollander, Gwen
Subject: Food Pantry Appeal
Importance: High
~ () S(D~"
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Please forward me a copy of the Food Pantry appeal paperwork. Also please send to Graphics your file on the
application and have three copies made to be delivered to me for forwarding to DOAH and our file. The budget code
for one copy should be ours, Gwen can provide. My thought is that since the applicant also plans to request
reconsideration, the Board may move to stay the DOAH proceeding pending any Motion for Reconsideration and if
granted, rehearing of the case before the Board. Thanks.
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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,
May 20, 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 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 4/15/03) - Clearwater Homeless Intervention Proiect. Inc. are requesting a flexible development
approval for a residential shelter for 10 residents in 8 dwelling units with a reduction of the front (north) setback
from 25 ft to 21 ft (to building), a reduction of the side (west) setback from 10 ft to 5 ft (to pavement), reductions of
the rear (south) setback from 20 ft to 5 ft (to building) and from 20 ft to zero ft (to pavement) and a reduction of
required parking from 5 spaces to 4 spaces, as part of a Comprehensive IOOll Redevelopment Project, under the
provisions of Section 2-704.C, and a Comprehensive Landscape Program, with reductions of landscape buffer widths
along the west property line from 10ft to 5 ft and along the south property line from 10ft to zero ft, under the
provisions of Section 3-1202.G (Proposed Use: An 8 dwelling unit (10 residents) transitional housing project) at
1353 & 1357 Park St., Overbrook Sub., Blk 6, Lots 3-6. FLD 2003-02010
2. Societv of St. Vincent de Paul of Upper Pinellas County. Inc. are requesting a trial period review of a previous
Conditional Use application for a residential shelter and police substation, as required under conditions of approval
(Proposed Use: An existing residential shelter, police substation and parking lot) at 1339. 1341 & 1345 Park St.
and 1344 Pierce St., Brookwood Terrace, Blk 6, part of Lots 1,2,9-13 & N Y2 vacated st.; Tagerelli Sub, Blk 2, Lots
2-4; and Overbook Sub, Blk 6, Lots 7-10. CU 96-46
3. Frank & Jeannie W. Arcieri are requesting a flexible development approval to permit a fence 6 ft in height
within the front (south) setback along Bayshore Boulevard on property within the Medium Density Residential
District, under the provisions of Section 3-804.A.1 (Proposed Use: A wrought iron-style, aluminum fence in
association with an existing single-family dwelling) at 550 N. Bavshore Blvd., Del Oro Place, Lot 3. FLD 2003-
03015
4. Golda Meir Center. Inc. are requesting a flexible development approval to reduce the landscape buffers for
Parcels A and B, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. and to
permit a place of worship within the Commercial District with a reduction in existing lot area from 40,000 sq ft to
15,720 sq ft, existing lot width from 200 ft to 140 ft, as a Comprehensive IOOll Redevelopment Project, under the
provisions of Section 2-704.C with the additional requests:
Parcel A: To permit 12 parking spaces designed to back into the public right-of-way along Jupiter Ave. and Rainbow
Dr.; and Parcel B: To permit a reduction in the front (west) setback along South Jupiter Ave. from 25 ft to 5 ft (to
curb), front (north) setback along Rainbow Dr. from 25 ft to 8 ft (to curb), the side (east) setback from 10 ft to 5 ft
(to curb) and the side (south) setback from 10 ft to 4 ft (to pavement) (Proposed Use: A place of worship within an
existing 7,137 sq ft building [Parcel A] and an accessory 14-space parking lot [Parcel BD at 302 S. Jupiter Ave.,
Skycrest Sub Unit A, Blk A, E 72 ft of N 60 ft of Lot 7, and E 72 ft of Lot 8 less the W 63 ft thereof in Blk A; and
Skycrest Unit A, Blk B, W 70 ft of Lot 1. FLD 2003-03012
5. KB Home Tampa. LLC are requesting a flexible development approval to modify a previously approved site
plan (for Parcel 2) to reduce the required lot width from 150 ft to 70 ft for attached dwellings, reduce the front
(north) setback along Ham Blvd. from 25 ft to 18 ft (to pavement), reduce the side (west) setback from 10 ft to 4 ft
(to pavement) and reduce the side (east) setback from 10 ft to zero ft (to pavement) and to eliminate a 4-ft high fence
or wall to screen off-street parking from view from Ham Blvd., as part of a Residential IOOll Project, under the
provisions of Section 2-404.F, and Preliminary Plat approval for 80 lots. (Proposed Use: An attached dwelling
project with 80 units) at 2551 Ham Blvd., Bradford Court, Lot 1 and Sec. 19-29-16, M&B 14.08. FLD 2003-
03017 & PL T 2003-00003
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6. City of Clearwater are requesting a flexible development approval for the construction of a City-operated,
public, commercial dock (nine new slips) at 20 Island Way, under the provisions of Section 3-601 (Proposed Use: A
nine-slip, (public) commercial dock to be owned and operated by the City of Clearwater) at submen!:ed bottom
lands adiacent to the upland site at 20 Island Way., Island Estates of Clearwater Unit 5, Blk C, Lots 1 & 4 less W
50 ft and all of Lot 2. FLD 2003-03013
7. Midnil!:ht Rose Inc.. TRE / Michael Drazkowski are requesting a flexible development approval to reduce the
side (north and south) setbacks from 10 ft to 6 ft (to building), reduce the rear (west) setback from 15 ft to 11 ft (to
patio), reduce the lot area from 15,000 sq ft to 13,483 sq ft and reduce the lot width from 150 ft to 100 ft, as part ofa
Residential IOOll Project under the provisions of Section 2-402.G (Proposed Use: Four townhomes within a 2-story,
3,849 sq ft building) at 100 N. Lady Mary Dr., Brookwood Terrace Revised, Blk 2, E 20 ft of Lot 14, Lots 15 &
16. FLD 2002-12044
8. Decade 80 - XIV are requesting a flexible development approval to increase the height of a building with
attached dwellings from 30 ft to 138 ft (as measured from base flood elevation), as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-903.C, and to reduce the buffer width along the north
property line from 10 ft to 5 ft (to fire access drive), as a Comprehensive Landscape Program, under the provisions
of Section 3-1202.G (Proposed Use: A mixed-use development with 134 attached condominium dwellings, 4
attached townhome dwellings and a 120-slip marina [62 public slips and 58 slips reserved for condos]) at 900 N.
Osceola Ave., F.T. Blish's Sub, Lots 1-3 & 8-10; I.A. Gorra's Sub, Blk 2, W 120 ft of Lot 1, Lots 2 & 3, and vac
Nicholson St. adj S of Lot 3; E'ly 150 ft of Lot 1 and Sue Barco Sub, Lot 1, 13-14, 23, and part of Lot 22. FLD
2002-10036
9. Clearwater Land Co. / Rel!:ency Oaks. LLC & Sylan Health Properties. LLC are requesting a flexible
development approval to permit on Tract A: an existing, 530-bed assisted living facility, with an increase in height
from 50 ft to 65.9 ft for 2 existing, 5-story buildings, reductions of the side (west and south) setbacks from 20 ft to
zero ft (to pavement) and a reduction of the required parking spaces from 588 spaces to 494 spaces, and to permit on
Tract B: an existing 120-bed nursing home, with a reduction of the front (east) setback from 25 ft to zero ft (to
pavement) and reductions of the side (north) setback from 10 ft to zero ft (to pavement), as part of a Comprehensive
Infill Redevelopment Project, under the provisions of Section 2-1204.A (Proposed Use: An existing assisted living
facility and nursing home) at 2701.2720.2751 & 2770 Rel!:ency Oaks Blvd., Sec. 05-29-16, M&B's 21.00, 21.01
& 21.02. FLD 2003-03016
Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the
Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the
Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based per Florida Statute 286.0105.
All individuals speaking on public hearing items will be sworn in.
Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review
by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning
Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567.
Lisa Fierce
Planning Department
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758.4748
NOTE: Applicant or representative must be present at the hearing.
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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 REQillRlNG REASONABLE
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE
OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-
4090.
Ad: 05/04/03
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Nicodemus, Sherrie
Page 1 of 1
From: Fierce, Lisa
Sent: Monday, May 05, 20031 :21 PM
To: Nicodemus, Sherrie
Subject: RE: Outstanding balance for Appeal case
cyndi advised bryan stanley (counsel for food pantry) about required fee; they are to provide to us
Lisa L. Fierce
Assistant Planning Director
City of Clearwater - Planning Department
Ifierce@clearwater-f1.com
727.562.4561 phone
727.562.4865 fax
Buckeye and Buccaneer Fan
GO BUC(K)SI
-----Original Message-----
From: Nicodemus, Sherrie
Sent: Monday, May 05,2003 1:16 PM
To: Fierce, Lisa
Subject: Outstanding balance for Appeal case
I have the appeal file on my desk.
Have forwarded copies to Leslie & Clerks office of the actual appeal application.
Do you know the status of the $400 outstanding for the fee?
Sherrie
5/6/2003