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FLD2015-03010� 1 a� r � �'�� r � MEETING DATE: AGENDA ITEM: CASE : REQUEST: GENERAL DATA: Agent... ... ... ..... .... ... ... ... . Owner ... ... ... ... ....... ......... Location ... ... ... ... . ... ... Property Size ... ................. Future Land Use Plan...... Zoning ... .. . . .. .. ... ... ... ... .. Special Area Plan............ Adjacent Zoning.... North South East: West: Existing Land Use............ Proposed Land Use ... ... ... COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT May 19, 2015 E.4. FLD2015-03010 Flexible Development application to permit an elevated pool and deck for an existing detached dwelling with the pool and deck being 1,785 square feet in area and 13 feet in height from base flood elevation to top of decorative masonry railing column to be located seaward of the Coastal Construction Control Line (CCCL) in the Low Density Residential (LDR) District pursuant to Community Development Code (CDC) Section 3-905. Peter Marich Richard W. and Jill Cope 1188 Mandalay Point; 0.94 acres located on the west side of Mandalay Point approximately 140 feet south of the terminus of Mandalay Point. 0.94 acres Residential Low (RL)/Preservation (P) Low Density Residential (LDR)/Open Space/Recreation (OS/R) Districts None Low Density Residential (LDR)/Open Space/Recreation (OS/R) Districts Low Density Residential (LDR)/Open Space/Recreation (OS/R) Districts Preservation (P) Open Space/Recreation (OS/R) District Detached dwelling Detached dwelling ��(�l ►T (�1�{.er Level II Flexible Development Application Review ANALYSIS: Site Location and Existing Conditions: The 0.94 acre site is located on the west side of Mandalay Point Road approximately 140 feet south of the terminus of Mandalay Point. The subject site is comprised of two lots, with 78.73 feet of frontage along Mandalay Point Road. The site is a waterfront property with approximately 128 feet of frontage along the Gulf of Mexico. The site includes approximately 1,248 square feet of land on the east side of Mandalay Point Road along the Intercoastal Waterway. A 7,091.17 square foot three-story detached dwelling is located along the east side of the site. This site is accessed from Mandalay Point Road via a driveway. As mentioned, the site spans two zoning districts; the LDR and OS/R Districts. In addition, the CCCL bifurcates the site north to south and exists approximately 112 feet west of the east property line along the west side of Mandalay Point Road. The CCCL also bifurcates the existing dwelling. The CCCL is located approximately 119 feet east of the line marking the LDR and OS/R Districts. Development Proposal: The proposal is to construct an elevated pool and deck along the west side of the home. The proposed pool and deck will exist entirely within the portion of the site within the LDR District seaward of the CCCL. No other changes are proposed. The proposed pool and deck will be 1,785 square feet in area and will closely match the width of the west building fa�ade. The pool deck will be 6.5 feet above base flood elevation (BFE) and the height to the top of decorative masonry railing columns is 13 feet from BFE. The pool and deck will extend 30.5 feet west of the west building fa�ade. The proposal requires Florida Department of Environmental Protection (FDEP) approval which is attached as a condition of approval. PLANNING & DEVELOPMENT DEVELOPMENT REV�W DIVISION f , � ' � � N.T.S K,, i+98 �'i: i � G1s�fR , 'S� P �''•- ;,,88 ,,9? � P ' '-; �. ''��====,� �� A _ �i z �, ' r A '7� � „�o � �;; n r �C �J� -,� � o � „eo ' ''', ry ?� ZONING MAP � �: Detached '�' Dwelling K> °� N.T.S � � ; �C r1192` r ry � y�� e •�a �. =1188 ~ii.��7gZ s "•i.� �a�sM��« 1188 �;� C: Detached rr ra� Dwellings � � ;� � +� 1, �r. �� • �� 1160�I' � 0 , a�,, � EXISTING SURROUNDING USES MAP Community Development Board May 19, 2015 FLD2015-03010 — Page ] � Cle�l ►'talel Level II Flexible Develo mentA lication Review PL`�rrNING&°EV�LOPMErrr P PP DEVELOPIvIENT REVIEW DIVISION Pursuant to CDC Section 3-905.C.3, any setback modification to the Coastal Construction Control Line shall be requested through a Level II application. As previously mentioned, the entire pool and deck is seaward of the CCCL, thus the requirement to request the development through a Level II application. Special Area Plan: None Development Parameters Impervious Surface Ratio (ISR� Pursuant to CDC Section 2-101.1, the maximum allowable ISR is 0.65. The overall proposed ISR is approximately 0.25, which is consistent with Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-102, the minimum required setbacks for Detached Dwellings are 25 feet (front), 10 feet (side) and 20 feet (rear). However, pursuant to CDC Section 3-905 no building or structure shall be located seaward of the CCCL unless approved by the State of Florida. In addition, the CCCL as the line of reference from which setbacks shall be measured along the Gulf of Mexico for buildings and structures. This section further provides that any request to modify the setback requirements contained in this section shall be considered as an application for a Level Two approval. The entire proposed pool and deck are to be seaward of the CCCL within the land designated LDR. Maximum Buildin� Hei h�t�. Pursuant to CDC Section 3-201, the maximum height for accessory structures is 15 feet. The proposed pool and deck will be a maximum of approximately 13 feet above base flood elevation (to top of decorative masonry railing column) which is less than this allowable height and is therefore consistent with the CDC. Comprehensive Plan: The proposal is in support of the following Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Future Land Use Plan Element Objective A.5.5 - Promote high quality design standards that support Clearwater's image and contribute to its identity. The proposal includes the construction of an elevated pool and deck which will serve as an accessory use to an existing detached dwelling use. The majority of the surrounding properties also feature pools and decks which are also an amenity typical to detached dwellings throughout the City. The proposal will meet all of the required accessory structure provisions as detailed within the CDC. The proposal will enhance the existing waterfront use and is supported by this Objective. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board May 19, 2015 FLD2015-03010 — Page 2 � Cl\.Rl 1'►RL�1 Level II Flexible Develo ment lication Review PLANNING&DEVELOPMENT P APP DEVELOPMENTREV�WDIVISION u. . _... . . . . . . As mentioned above, the proposal is consistent with other pools and decks in the area, complies with all requirements of the CDC and is consistent with this Policy. Community Development Code: The proposal supports the general purpose, intent and basic planning objectives of this Code as follows: Section 1-103.B.1. Allowing properry owners to enhance the value of their property through innovative and creative redevelopment. The size, location and shape of the parcel are similar to other parcels in the area. Accessory pools and decks are typical amenities to detached dwellings throughout the immediate area and City as a whole. Specifically, the proposal is consistent with the property adjacent to the north (1192 Mandalay Point Road). Therefore, the proposal supports this Code section. Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Aerial photographs indicate that accessory pools and decks are a common amenity to the existing detached dwellings. The proposal will result in a consistent development pattern of the surrounding properties. Therefore, the proposal supports this Code section. Code Enforcement Analysis: There are no active Code Compliance cases for the subject property. Section 4-206.D.4: Burden of proof. The burden of proof is upon the applicant to show by substantial competent evidence that he is entitled to the approval requested. The applicant has adequately demonstrated through the submittal of substantial competent evidence that the request is entitled to the approval requested as required by CDC Section 4- 206.D.4. Compliance with Standards and Criteria: The following table depicts the consistency of the development proposal with the standards for accessory structures and structures seaward of the CCCL as per CDC Sections 2-102, 3-201 and 3-905: Standard Proposed Consistent Inconsistent Minimum Setbacks Side: 10 feet North: 10 feet X South: 28 feet X Reaz: 20 feet West: 33 feet2 X Minimum Setback from 20 feet Zero feet (entire proposal is seaward X' Coastal Construction of the CCCL) Control Line (CCCL) Maximum Height 15 feet 13 feet from BFE (to top of X decorative mason railin columns � �ee unurysis in ��up rtepan Z Rear setback measured to LDR and OS/R zoning line. Community Development Board May 19, 2015 FLD2015-03010 — Page 3 D��LNa 1��'GiL�l Level II Flexible Development Application Review . u . .. .... ..'�:��.`_ _,... PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Compliance with General Applicability Standards: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-914.A: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. 2. 3. 4. 5. 6. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. The proposed development is designed to minimize traffic congestion. The proposed development is consistent with the community character of the immediate vicinity. The design of the proposed development minimizes adverse effects, including visual. acoustic and olfactorv and hours of oneration imnacts on adiacent nronerties. � See analysis in Sta�'Report Consistent I Inconsistent X XI X X X� X SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 02, 2015, and deemed the development proposal to be legally sufficient, based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.94 acre site is located west side of Mandalay Point Road approximately 140 feet south of the terminus of Mandalay Point; 2. That the subject property is located within the Low Density Residential (LDR) and Open Space/ Recreation (OSR) Districts and the Residential Low (RL) Future Land Use Plan category; 3. That the subject property is not located in a special plan area; 4. That the proposal is to construct an elevated pool and deck 1,785 square feet in area along the west side of the home entirely within the LDR District seaward of the CCCL; 5. That the site is currently developed with a detached dwelling; and 6. There are no active Code Compliance cases for the subject property. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the pattern of development of the surrounding neighborhood; 2. That the development is consistent with applicable portions of the City's Comprehensive Plan; 3. That the proposal consistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1-103.B.1 and 2; Community Development Board May 19, 2015 FLD2015-03010 — Page 4 ' C��(il 1'1'L41�1 Level II Flexible Develo mentA lication Review PLANNING&DEVELOPIvIENT P PP DEVELOPMENT REVIEW DIVISION � �� . 4. That the proposal is consistent with the applicable standards for accessory structures as per CDC Section 3-201.B; 5. That the development proposal is consistent with the minimum required setbacks for accessory structures as per Section 2-102 of the Community Development Code; and 6. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-914.A of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit an elevated pool and deck for an existing detached dwelling with the pool and deck being 1,785 square feet in area and 13 feet in height from base flood elevation to top of decorative masonry railing column to be located seaward of the Coastal Construction Control Line (CCCL) in the Low Density Residential (LDR) District pursuant to Community Development Code (CDC) Section 3-905., subject to the following conditions: Conditions of Approval: General/Miscellaneous Conditions: 1. That the final design and location of the pool and deck be consistent with the site plan and elevations approved by the CDB; 2. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; 3. That all other applicable local, state and/or federal permits be obtained before commencement of the development; Timing Conditions: 4. That application for a building permit be submitted no later than May 19, 2016, unless time extensions are granted pursuant to CDC Section 4-407; 5. That no work beyond the Coastal Construction Control Line (CCCL) shall commence prior to issuance of permits from both the City of Clearwater and the FDEP; 6. That prior to the issuance of any building permit, pursuant to CDC Section 3-905.B, approval from the Florida Department of Environmental Protection will be required; and 7. That prior to the issuance of any permit, all requirements of the Environmental, Land Resources, General Engineering and Stormwater Engineering, be addressed. Prepared by Planning and Development Department Staff: Matt Jackson, Planner III ATTACHMENTS: Photographs, Resume Community Development Board May 19, 2015 FLD2015-03010 — Page 5 View looking north from the west side of the property where the elevated pool and deck are to be located. View of the west side of the detached dwelling. View looking south form the west side of the property. t 3: �s Eucl:i� �, °., �s: ,.�: �i�: : �: si." . �6u p� c�,: , .y. 1188 Mandalay Point Case FLD2015-03010 Matthew Jackson 100 South Myrtle Avenue Clearwater, Florida 33756 (727)562-4504 matthew.iackson aC�,mvclearwater.com PROFES5IONAL EXPERIENCE ❑ Planner III February 2013 to present City of Cleanvater, Clearwater, Florida Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. ❑ Planner II Ciry of Clearwater, Clearwater, Florida May 2011 to February 2013 October 2008 to June 2010 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, and variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. ❑ Planner I Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007 Project manager for various development applications such as plat, site plan, rezoning and variances. In-depth government agency, in-house and client coordination to ensure that the projects maintained submittal schedules stayed within budget constraints and attained approval. Schedule and lead project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting documents and make site visits as well. Research and prepare due diligence reports including subject matter such as zoning, land uses, densities, available public utilities and land development costs. Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made disasters affecting Calvin, Giordano and Associates and local municipalities. ❑ Manager Church Street Entertainment, Orlando, Florida September 1999 to February 2004 Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment complex including 100+ staff. Conducted hiring and training operations including security and inventory controL Managed and reconciled nightly gross revenues as well as preparing and delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing and special events. ❑ Linguist US Army, Fort Campbell, KY October 1991 to October 1995 Maintain fluency in the Arabic language and knowledge of customs and culture as well as military readiness for possible deployments or training operations. Co-managed intelligence gathering operation in Haiti including coordination between multiple Special Forces units and civilian authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison between Special Forces battalions to coordinate certification training. EDUCATION ❑ Master of Arts, Urban and Regional Planning, Florida Atlantic University, 2007 ❑ Bachelor of Arts, Urban and Regional Planning, Rollins College, 2004 � , . o �� Planning & Development Department _ Fle�nble Development Application � Detached Dwe111ngs, Duplexes orAssociated Accessary Use/Structures IT IS INCUMBENT UPON THE APPLICANT TQ SUBMIT COMPLETE AND CORREC7 INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR tNCORRECT INFORMATION MAY IN\/ALlDATE YOUR APPLICATION. ALL APPUCATIONS ARE TO BE FILLED OUT COMPLETELY AND CURRECTLY, AND SUBMITTED {N PERSON (NO FAX OR DELIVERIES) TO THE PtANNtNG & DEVELOPMENT DEPARTMENT BY NOON ON ThFE SCHEDULED DEADLtNE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICA710N MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE 70 BE SUBMtT7ED FOR REV{EW BY THE DEVELOPMENT REVIEW COMMtTTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNl7Y DEVELOPMENT BOARD Wllt REQUIRE 15 COMPLETE SETS OF PlANS AND APPUCATION MATERIALS (1 ORl61NAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE AVPLICANT, BY FILIN6 THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLiCABLE REQUIREMENTS OF THE COMMUNtTY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FE�: $300 PROPERTY OWNER (PER DEE[ MAILING ADDRES PHONE NUMBE EMA :.vEi�i� OR R�RR�S�NT;,T�JE: MAILING ADDRESS: PHONE NUMBER: EMAII: ADDRESS OF SUBIECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifica/ly identify the request (include all requested code flexibility; e.g., redudion in required number of parking spoces, height, setbacks, !ot size, lot width, specific use, etc.j: � Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fau: 727�62-4865 Page 1 of 7 Revised 01/12 0 � .• ° C��a�r�a�er � Planning & Development Department Flexible Development Applicaiian Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION tS FILIED OUT, IN ITS ENTIRETY. FAILURE TO COMPtETE THIS FORM WILL RESUlT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOVItING APPLICATION CYCLE. ZONING DISTRlCT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site): PROPOSED USE (new use, if any; plus existing, if to remain): SITE AREA: � d� ��p ,�(� sq. ft. GROSS FLOOR AREA (total square footage of all buildings): Existing: � . � � sq. ft. Proposed: S? R �� sq. ft. c�- _ Maximum Allowable: T sq_ ft. V . � `� V acres 6RUSS FLOOR AREA (total square footage devoted to each use, if there wi{I be mukiple uses): First use: ' sq. ft. Second use: sq. ft. Third use: sa. ft. fLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: Proposed: Maximum Allowable: BUILDING COVERAGE/FOOTPRINT (irt floor square footage of all buildings): Existing: sq. ft. ( �o of site) Proposed: sq_ ft. ( �o of site) Maximum Permitted: sq. ft_ ( % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking fot and interior of site; not perimeter buffer): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: sq. ft. ( Proposed: sq. ft. { % of site) % of site) Planning 8 Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 7 Revised 01/12 IMPERVtOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: R'iC,sR . 8� S Proposed: � � � 3 � , �5O Maximum Permitted: � , !o� - a, (o� �p � �. � �p �! DENSITY (units, rooms or beds per acre): Existing: � Proposed: � Maximum Permitted: � BUILDING HEIGHT: Existing: �� (j��, -�� I�� Proposed: I � � �}Q� �� -�/1Q � � • Maximum Permitted: f s J OFF-STREET PARKING: Existing: o� Note: A parking demand study must be provided In conjunction with ony request Proposed: pZ to reduce the amount of required off-street porking spaces. Pleose see the Minimum Required: � odopted Porking Demand Study Guidelines for further informotion. WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROIECT UPON COMRLETtON? $ �, ZONtNG DISTRlCTS FOR ALL ►vortn: L R south: �Q R � East: � West: PROPERTY: STATE OF FLORIDA, COUNTY OF PtNELLAS Z,i,� I, the undersigned, acknowledge that all Sworn to and subscribed before me this � day of representations made in this application are true and �� s . to me and/or by acwrate to the best of my knowledge and authori2e City representatives to visit and photograph the , who is personally known has property described in this application. roduced ��,01ti1pi� �(,l�s LIL�� /I _ p as identification. of aropertv owner or . . . . ' � ,,...�: - . . . i .� `� ti..:�e- %' ��r�� °�� ' � �� \r� �� I N, ��# ; .� �'�'�� . Planning 8 Development Department, t00 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562�865 Page 3 of 7 Revised 01/12 � ��a�r��ter Planning & Development Department Flexible DeveIopment Applicat�on � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPLICATiON, ALL FLD APPLICA710NS FOR A StNGLE-FAMILY DETACHED DWEWN6, DUPIIX, OR ACCESSORY USE/STRUCTURE ASSOCIATED WITH EITHER A SIN6LE-FAMtLY DETACHED DWELUNG OR dUPLEX SHALL INCLUDE A PLOT PLAM1t WITH THE FOLLOWING INFORMaT10N: 0 Responses to the 6enerat Applicability criteria as set forth in Section 3-914.A. The attached Flexible Development Application 6eneral Applicabiliry Criteria sheet shall be used to provide these responses. D Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the subject property is located. The attached Flexible Development Application Flexibility Criteria sheet shall be used to provide these responses. ❑ A signed and sealed survey of the property prepared by a registered land suroeyor including the tocation of the property, dimensions, acreage, location of all current structures/imprrnements, location of all public and private easementr incfuding ofFiciat records book and page numbers and street right(s)-of-way within and adjacent to the site. D{f the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide that information required by Section 4-202_A.S. 0 if this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other similar marine structure, then the application must provide detailed plans and specifications prepared by a Florida professional engineer, bearing the seat and signature of the engineer, except signed and sea{ed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks. 0 A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches ar more and identifying those trees proposed to be removed. D A site plan with the following information: ❑ North arrow, scale, location map and date prepared. 0 Location of the Coastal Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard Area, and the Base Flood Elevation (BfE) of the property, as appficable. ❑ Location, setbacks and use of all existing and proposed building and structures. 0 Location of all existing and proposed parking areas, sidewalks and driveways. 0 Location, type of material and height of all existing and proposed fences. D Location of all existing and proposed utilities, including water, sewer, gas, and stormwater. ❑ Location of all existing utility easements, including Official Records book and page numbers, and any proposed utility . easements. D Building or structure elevation drawings that depict the proposed building height, building materials, and concealment of all mechanical equipment located on the roof. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562�865 Page 4 of 7 Revised 01/12 ° ��ar�ater Planning & Development Department Flexible Deveiopment Application � General Appiicabi�ity Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6� GEFYERAL APPL{CABICITY CRITERIA EXPLAINING HOW, IN DETAIL, THE CRITERfON IS BEING COMPEIED WITH PER THIS DEVELOPMENT PROPOSAL 1. The proposed development of the land wili be in harmony with the scale, bulk, coverage, densiry and character of adjacent properties in which it is located. � I � I I �� l� _ ' .� 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. �� . i L� a I� /_' 3. The proposed development wilt not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. I � / � / _i I_ /./ � �'� 4. The proposed development is designed to minimize traffic congestion. — �� / '_ I_ _l� _�I�'�� 5. The proposed development is consistent with the communiry character of the immediate vicinity of the parcel proposed far development. / I , � / � �� _��—_/I � /; 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. ii �_r. /_ �� _I.'/1' 6 Planning & Devebpment Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tei: 727-562-4567; Fax: 727-562-4865 Page 5 of 7 Revised 01/12 Q��.�- Ce.�.c�e-n o�.�c-� Flexible Development Appiication, General Applicability Criteria 1. The proposed development of the land will be in harmony with...... The proposed above ground pool area will be identical to neighbor's property pool and deck. The DevelopmenYs scale and scope [reference aerial] is in harmony with entire neighborhood which is made up of 12 low density single family homes. The proposed pool will be an extension of the existing deck similar to the one on the neighbor to the north and similar to other properties on Mandalay Point. 2. The proposed development will not hinderer or discourage...... Neighbors properties are of recent construction and are complete with resped to any further development and their value would not be affected by this proposed pool. All but two of the properties on this small and private street have pools . 3, The proposed development will not adversely affect the health or safety...... The proposed pool will have no effect on the safety or health of persons working or residing in the neighborhood. The above ground nature of the proposed pool will preclude accidental entry or access and the pool will be fenced according to code. 4. The proposed development is designed to minimize traffic..... The proposed pool development is for the exclusive use of the existing residents of 1188 Mandalay Pt and will have no impact on traffic on the private road that provides access to the dwelling. 5. The proposed development is consistent with the community character.... Please reference aerial photo The proposed pool is in keeping with the upscale, low density surrounding properties all of which [including proposed site] have tax assessed values in excess of $2.Om. 6. The design of the porposed development minimizes adverse effects .... There are no adverse effects [visual, acoustical etc.] produced by the proposed development . When complete the pool will be totally buffered with landscaping and like neighbors similar facilities used courteously with proper respect for neighbors privacy. • m � � ' � Pianning & Development Department Flexible Development Application � � Flexibility Criteria PROVtDE COMPLETE RESPONSES TO THE APPUCABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(Sj BEIN6 REqUESTEQ AS SET FORTH IN THE ZONING DISTRtGT(S) tN WHICFi TNE SUBIECT PROPER7Y !S LOCATED. EXPLAIN HOW, IN DETAII, EACFF CRITERION tS BEIM6 COMPUED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARYj. I. 2. 3. 4. 5. 6. 8. Planning & Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 6 of 7 Revised 01112 f, I ° C�ear�vat�r Flex� P�anning & Development Department �ble Development Applicatian � Affidavit to Authorize Agent/Representative 1. Provide names of ail property owners on deed – PRINT full names: � �a.rd t�' - �,�. � � ( ��Sh� �� 2. That (I am/we are) the owner(s} and record title holder(s) of the following described property: � 3. That this property constitutes the property for w�ch a request for (describe request): T� �n s-Erc�� boc�e, a�un�, o� L. 4. Th�t the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s} to execute any' petitions or other dacuments necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. 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; Tha /w , the <unde signed authority, hereby certify that the foregoing is true and correct. � Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE tAWS OF THE STATE OF FLORIDA, ON THIS �Z� DAY OF ��'JA/��'� , Z�%� , PERSONALLY APPEARED ��G �� A ��5 �,rl�-�� WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FUILY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. �� J. M. AIIDRENIS ` ; : , � � .�w. a po�e. '�' �-`,,;�.� �� No ry Public Signature '�� `,.,, '�� r _ ��,:: . $ I� `�b Not ` My Commission Exrires: —,— ; ,,c,�,: . _ Planning � Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 7 of 7 Revised 01/12 �'� ,, ' "^ � � � e.��- I • P4; �y �'� ., �s ;`{� i� ' r� �`i �.��` :, ��,��: �; � 2',��,s ♦ � '3 x `!€�, . \}x � .'�� `;�� t.� �t� . �� " E` ,; ' ° '' . �' � '' �' ` ,. `_�. , , ' - `�:- . IL 4 ,r. .a�.�ati��x f6 ��'��`;1��'..�tjj FY ' S �. a! f1L; .. �i"��.`�9: . Y ��x � t�r��3 " ^� ' °%: .B ` r � • � . - � '.rr. . . . , �S. i , � �*�� y .�. � � �- �„ l ' . 1 _�1'y "��j-.a}, �.i�1�.' ��y�� .,t.. �+ �. � R } :�'e�� ,. �1'� � .. ;�S ♦ �:. 4 t: ' . *! .. � � � ' a^. ' . �_.`�i�`'... .�",��'�:� �� .3� .`r.�.�. ' � .__ �' '+ . �� ° ; ,r ,;� � :� �F � . , , � � � � ,�; +r �'ti� � �� .. .�. t: 4 �, � �: �. �;;,, � � � a, ��., �► -- ___ , � �,� ___. � _._ �, ._.-- � ^- ----- �., ,_._.... ._ _,...----, � � ��., �a�� {'�''�yg��, n � s` � �`y.'�q.k�. ""T 3n � d,�' x .. . .. rc � q W a= , �, : ��9� . . .. �; .� i�"i a e.A;g � t��:�4�� -d� �� . � ��., � � � �; re+ �y�n # .�� a� �" ✓ � � ti r � v � �� , � � � ��Y � �� " :��" �� . , �'�� <��' , '� � `` � '� �� a ' ' '� f��f „� x � --x�� a�, �,,,�` � =. �, .,�� iP �j ��* �� _ . •s �� .� xf � d � �. �_ ��, w f�� , �'�` M•� �Mr. � ,� � F R� + ., � , '.� � . ,. , �r�� ,�� : .'F+.�T°'-Y+ �a � ' � t I �— �� a�� .,��...�. .. ,� � A sryf � ;P 'I ozlo��o� IANG RANGE PIANNING D�va.oPi�rrr R�n�a Mr. Peter Marich 418 S. Lincoln Avenue, Suite B Clearwater, Florida 33756 CITY OF CLEARWATE�Z � PLANNING DEPARTMENT ; Posr OF�,cE BoX 4748, C�A�x, FLOwD� 33758-4748 ! MUMCIPAL SERVICES BUU.DING, 100 Sou�cz-� Mnrn.E AvF.rruE, C�axwn�x, Fwxwn 33756 T�eHOrrE (72� 562-4567 Fnx (72� 562-4576 ; i i May 6, 2003 ; Re: The property located at 1188 Mandalay Point, Clearwater Beach, FL 33767 Deaz Mr. Marich: The subject property is zoned I,MI)R, Low Medium Density Residential District, and is consistent i with its underlying land use designation of RU, Residential Urban Category. The Residential Urban ; Category permits a maximum de�sity of ?.5 dwelling units per acre of land. ; The required setbacks in the LMDR District are as follows: 25-foot front setback, five-foot side � setbacks, and a 25-foot waterfront setback. Ho�vever, no building or structure shall be located ` seaward of the coastal construction control line unless approved by the State of Florida. The.City of ; Cleazwater Community Development Code relating to the coastal construction control line reads as follows: " Section 3-905. Coastal construction contrbl line. A. Purpose. This section establishes within the 6ity the coastal construction controi line as the line of reference from which setbacks shall be measured along the Gulf of Mexico for buildings and struc#ures pursuant to .F.S. § 161.053 in order to protect the safety, economic. environmental, recreational and community appearance obje�ctives of the city. 3. Requir�d setba��k Na building or structure shall tfe locat�d seaward of the coastal c�ns`►niction control line unless approved by the State of Florida. C. Inferpretation. Nothing contained in this section shall be constr�ed to conflict with or supersede the authoriry of the state in regard to establishing the location or relo�ation of the coastal construction control line, or any waiver or variance to the requirements relative thereto pursuant to F.S. ch. 161, or the requirements and authority of the city and the county construction licensing board pursuant to Chapter 47 and t(ie city pursuant to Chapter 46. This section shall be administered ;�cording to the following requirements: 9. Comp.liance with the provisions of this development code shall be in�eper�dent of any action pr authority of the State of Florida pursuant to Ch. 161 F.S. and no action by the state shall relieve any person from compliance with the requiremenfs of this development code. 2. Seawalls shall not be govemed by the required setback identified in this sectior�. 3. Any request to madify the setback requirements contained in this section shall be considered as an application for a Level Two approval as provided for in Article 4 Division 4. " Bw�w J. Aurresr, MAYOR-COMMISSIONER HOYl' I'IAMILI'ON, VICE MAYOR-COMMLSSIONER WHITNEY GRAY, COMMISSIONER Ftt�wx Hisanan, COMMLSSIONER � B1L1. JONSON, CO.'dMISStONER '�EQUAL EMPI.Ol'►NEM' NND AFFIRMATIVE AC!'ION EMPLOYER�� May 6, 2003 Marich — Page Two The m�acimum building height permitted in the L1VIDR zoning district is 30 feet. Where minimum floor elevation in flood prone areas have been established by law, the building height may be measured as though the required mini�►um floor elevations constitute existing grade. The only limitation on the footprint of the structure(s) is that it sha11 not be located in any setback. Attached is a copy of the current Low Medium Density Residential zoning district regulations, as contained within the Community Development Code. Please contact Arden Dittmer, Development Review Specialist (727.562.4604), if you need further assistance. Sincerely, � Frank G. erlock Development Review Manager Encloswres as noted Cc; File S:1Planning Departmentlzoning ltrs11188 Mandalay Ave (LMDR- CCCL.doc ` .. •:� t y,4��. � ` �' � ^ �''�FlOR10A � ,� Permit.tee: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE TO PROCEED Richard W . Cope c/o Peter Marich, Architect 410 South Lincoln Avenue, Suite B Clearwater, Florida 33756 Permit Number: PI-589 Permit Expires: September 4, 2006 You are hereby granted iinal authorization to proceed with the construction or activities authorized by the permit number referenced above. Authorized work must conform with the detailed project description, approved plans, and all conditions including preconstruction requirements included in the final order. A brief description of the authorized work follows. Project Description: Construction of a seaward swimming pool, otfier structures/activities, excavation, and fill placement. - Pi•oject Location: Between approximately 133 feet and 228 feet south of the Department of Environmental Protection's reference monument R-32, in Pinellas County. Project Address: 1188 Mandalay, Clearwater. Special Instructions: Preconstruction conference required. Questions regarding the permit or this notice should be directed to the undersigned at: t Bureau of Beaches and Wetland Resources q� 3900 Commonwealth Blvd. - M.S. 300 �ll �C � / - Tallahassee, Florida 32399-3000 D te of Notice S. Muthuswamy, Ph.D., Engineer Telephone (850) 488-3180 SM/kbc cc: Permit File Permit Information Center Steve West, Field Inspector Richard W. Cope, Property Owner City of Clearwater Building Ofiicial �>�:�F�.�,,:.�z,��<z�.�,�;��„ Post Conspicuously on the Site ,:�