APP2009-00005Planning Department
100 South Myrtle Avenue
o, Clearwater Clearwater, .Florida 33767
> Telephone: 727 - 562567
Fax•. 727 562 -4576
i
❑ SUBMIT ORIGINAL SIGNED AND NOTARIZE(? APPLICATION
O SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
U SUBMIT APPLICATION FEE $
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
APPEAL APPLICATION
Level One and Level Two Reviews (Revised 03/29/01)
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 4501, 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: TOM EVANS
MAILINGADDRESS: 1932 hastings lane
PHONE NUMBER: 727 -420 -1274 FAX NUMBER:
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
B. APPEAL INFORMATION
CHECK THE SPECIFIC APPEAL:
Appeals to the Community Development Board
❑ 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
Level One (Flexible and Minimum Standard) approval
decisions
❑ Denials of any permit or license issued under the provisions
of this Code
FAX NUMBER:
727 - 734 -3821
Appeals to a hearing officer
Q Decisions of the community development board regarding
level two approvals
❑ Decisions of the community development board regarding
level one approvals
❑ OTHER (as allowed by Code)
ADDRESS OF SUBJECT APPEAL (f applicable): f / 3a da-s4i wp lane,
SPECIFIC CASE NUMBER TO BE APPEALED (if applcable):
DATE OF DECISION:
Page 1 of 2 — Appeal Application (Level One and Level Two Reviews)- City of Clearwater
►A
C. BASIS OF APPEAL:
Explain in detail the basis for the appeal. Use additional sheets if necessary.
D. SIGNATURE:
1, the undersigned, acknowledge that all representations made in this STATE OF FLORIDA, COUNTY OF PINELLAS L
application are true and accurate to the best of my knowledge. Sworn to and subscribed before me this d ay of
A.D. 20j2 9_ to me and/or by
�Ar °9e Notary Public State of Florid _ Who is personally known has
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IWSZPDSIPlanning DeparlmenflAppfication Forms% dove /opmerrt reviewlAppeal Applicafion.doc
Page 2 of 2 - Appeal Application (Level One and Level. Two Reviews)- City of Clearwater
On April. 30'' of 2007,1 went to the City to determine the feasibility of building a pool on my property
at 1932 Hastings Lane in Clearwater. To show my intent, I had sketched a proposed pool on a copy of
my property survey. The response was that I would need to apply for a variance. Since it is a corner lot,
a variance was needed to construct closer than 25' to the side lot line. Not only was the City staff kind
enough to accept my money, but they even helped me to fill out the application in the necessary format.
After staff review, I was given a hearing date before the variance board, and my variance was granted.
Due to the economic downturn, I wasn't able to build the pool in the following 12 months, and my
variance apparently expired. I wasn't aware that it could have been renewed for up to 3 years.
I was able to get a more affordable price this summer, and signed a contract, but when my contractor
went to the City to check on the variance, he was told it couldn't be renewed. I would have to pay the
fee Again and re- apply. I went back to the City and was again helped through the application forms and
paid another fee. After receiving an e-mail that my application was complete, and a letter telling me and
my neighbors about the August 6`s board hearing, I arranged to refinance my house to pay for the pool
construction.
Roughly two weeks after re- submitting my request for a variance, and three days after'closing on my
refinance, I received an e-mail from City staff informing me that my hearing was unnecessary: My
request violated existing code, and thus couldn't be processed. Upon additional questioning, I was told
that the same code existed when the original application was made, yet it was approved. How could this
application go through the same 14 people each time, yet come up with two different answers? Had I
been given any inkling throughout this process that this might not be possible, I could have held off on
the refinance. I was assured by the City staff that everything would be fine, and that if more information
was needed, they could simply consult my previously approved file. Now I owe an extra six years on my
mortgage, with the higher payment that accompanies it, just for the pleasure of having money available
to build a pool that can't be permitted!
I'm requesting this variance to build an inground pool, not a room addition, or other non - conforming
feature that would block my neighbors' views or devalue their properties. None of my neighbors who
received notification of the variance hearing have any objection to my plans. Not only was this variance
already approved once, but it went through another round of 14 people and got signed off for
completion.
Because of the rear and side easements and rear porch, there is no other suitable space in my yard to
construct a reasonably sized pool. This is precisely why I went to the City to begin with- to determine
any restrictions or codes that might be a problem! I feel I'm suffering a financial hardship due to the
apparent ineptness of various City departments who should have been aware immediately and notified
me of a problem long before they did. The only issue they seem to be clear on is the necessity to pay a
second application fee for a variance they then claim is impossible to approve. It would seem that the
sole purpose of a variance board would be to make exceptions to the general rule! My appeal now is to
receive the variance I was originally granted.
Thanks for your time,
Tom Evans
CITY OF C LEARWAT E R
POST OFFICE Box 4748, CITARWATER, FLOtunA 3375 748
MUNICIPAL SERVICES BUH.DWC:, 100 SounI MYRTLEAVF,YUE,C.FARWA -ER, FLORIDA 33756
TELEPHONE (7 27) 5624567 FAx (727) 5624865
hI� \NNWG DfiPAK[A(1 {N'I'
Thomas Evans August 12, 2009
1932 Hastings Lane
Clearwater, Fl. 337613
1Ze: FLS2009 -06010 — 1932 Hastings bane
Dcar Mr. Evans:
This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development C:odc
(CDC). On August 6, 2009, the Development Review Committee (DRC) reviewed your Flexible Standard
Development request to permit a swimming pool at a detached dwelling in the Low Medium Density Residential
(I.MDR) District with a reduction to the front (west) setback from 25 feet to 10.4 feet as a Residential Infill
Project under the provisions of Section 2 -203.0 of the CDC. The DRC recommended denial of this application.
'therefore, the application is hereby DENIED based upon the following Findings of Fact and Conclusion of
Law:
Findings of Fact:
1. That the subject 0.195 acres is located at the northeast corner of Hastings Lane and Barrington Drive;
2: That the subject property is located within the L.ow Mcdium Density Residential (LMDR) District and the
Residential Urban (RU) Future Land Use Plan category;
3. That there are no active Code Enforcement violations associated with the subject property; and
4. That the request includes allowing a portion of the proposed accessory structure (pool and decking) to be
located between the principal structure and right -of -way (Barrington Drive).
Conclusion of Law:
1. That pursuant to CDC Section 3- 201.13.4, the accessory structure is located behind the front edge of the
principal structure. This request is not consistent with this provision as a portion of the accessory structure
(pool and decking) is to be located in front of the front edge of the principal structure.
Pursuant to CDC Section 4- 502.A, an appeal of a Level One (Flexible Standard Development) application
decision may be initiated by the applicant within seven days of the date the development order is issued. The
tiling 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 expires on Friday, August 21, 2009.
Should you have any questions, please do not hesitate to contact Matthew Jackson, Planner II at (727) 562 -4836
or via e -mail at rnatthe� \lclaonumyclear\vater.com.
Sincerely,
Michael Delk, AICP
Planning Director
M
o,
C s,
ear ater
U
June 12, 2007
Thomas War Evans
1932 Hastings Ln
Clearwater, F133763
CITY OF CLEARWATER
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576
W W W.MYCLEARWATER.COM
VIA FAX: No Fax
RE: FLS2007 -04020 -- 1932 HASTINGS LN -- Letter of Completeness
Dear Thomas War Evans :
The Planning Staff has entered your application into the Department's filing system and assigned the
case number: FLS2007- 04020. After a preliminary review of the submitted documents, staff has
determined that the application is complete
The Development Review Committee (DRC) will review the application for 11I Mciency on July 05,
2007, in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown
Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one
week prior to the meeting date for the approximate time that your case will be reviewed. You or your
representative (as applicable) must be present to answer any questions that the DRC may have
regarding your application. Additional comments may be generated by the DRC at the time of the
meeting-
If you have any questions, please do not hesitate to contact me at 562- 4567x2504 or
Scott.Kurleman @myclearwater.com.
Sincerely yours,
Scott Kurleman
Planner II
Letter of Completeness - FLS2007 -04020 -1932 HASTINGS LN
f..y
CDB Meeting Date: September 15, 2009
Case Number: APP2009 -00005
Agenda Item: F.
Appellant/Owner: Thomas Evans
Agent: Thomas Evans
Address: 1932 Hastin sg Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: An appeal from a Level One (Flexible Standard Development)
denial decision pursuant to Community Development Code
(CDC) Section 4- 501.A.3, that a requested pool and deck
location is inconsistent with the Accessory Use /Structures
standards as set forth in CDC Section 3- 201.13.4.
CURRENT ZONING:
Low Medium Density Residential (LMDR) District
CURRENT FUTURE
LAND USE CATEGORY:
Residential Urban (RU)
PROPERTY USE:
Current Use: Detached Dwelling
Proposed Use: Detached Dwelling
EXISTING SURROUNDING North: Low Medium Density Residential (LMDR) District
ZONING AND USES:
Detached Dwelling
South: Low Medium Density Residential (LMDR) District
Detached Dwelling
East: Low Medium Density Residential (LMDR) District
Detached Dwelling
West: Low Medium Density Residential (LMDR) District
Detached Dwelling
BACKGROUND:
The subject parcel comprises 0.20 acres and is located at the northeast corner of Hastings Lane
and Barrington Drive.
On June 30, 2009, a Flexible Standard Development (FLS) application was submitted requesting
approval to permit a swimming pool and decking at a detached dwelling in the Low Medium
Density Residential (LMDR) District with a reduction to the front (west) setback from 25 feet to
10.4 feet as a Residential Infill Project under the provisions of Community Development Code
(CDC) Section 2- 203.C.
Community Development Board— September 15, 2009
APP2009- 00005— Page 1 of 3
J
It should be noted that this request was previously approved through FLS2007- 04020; however
this approval expired on July 05, 2008 without a building permit application being submitted.
The approval should not have been granted as pursuant to CDC Section 3- 201.13.4, accessory
structures must be located behind the front edge of the principal structure. The request was not
consistent with this provision as a portion of the accessory structure (pool and decking) was to be
located in front of the front edge of the principal structure.
After review of the current application (FLS2009- 06010), staff agreed with the above
determination and issued a development order denying the application, based upon the following
findings of fact and conclusion of law:
Findings of Fact:
1. That the subject 0.195 acres is located at the northeast corner of Hastings Lane and
Barrington Drive;
2. That the subject property is located within the Low Medium Density Residential (LMDR)
District and the Residential Urban (RU) Future Land Use Plan category;
3. That there are no active Code Enforcement violations associated with the subject property;
and
4. That the request includes allowing a portion of the proposed accessory structure (pool and
decking) to be located between the principal structure and right -of -way (Barrington Drive).
Conclusion of Law:
1. That pursuant to CDC Section 3- 201.13.4, the accessory structure must be located behind the
front edge of the principal structure. This request is not consistent with this provision as a
portion of the accessory structure (pool and decking) is to be located in front of the front edge
of the principal structure.
An appeal from the above Level One (Flexible Standard Development) decision was filed by the
property owner on August 14, 2009, consistent with the timeframe established for an appeal to be
initiated in CDC Section 4- 502.A. Pursuant to CDC Section 4- 501.A.3, the Community
Development Board (CDB) has the authority to hear appeals from Level One (Flexible Standard
Development) decisions.
Pursuant to CDC Section 4- 504.A, the CDB shall review the application, the recommendation of
the Community Development Coordinator, conduct a quasi-judicial public hearing on the
application, and render a decision in accordance with the provisions of CDC Section 4- 206.D.5
granting the appeal, granting the appeal subject to specified conditions, or denying the appeal.
It is noted that pursuant to CDC Section 4- 504.13, 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 parry that each and every one of the following
criteria are met:
1. The decision appealed from misconstrued or incorrectly interpreted the provisions of this
development code; and
Community Development Board— September 15, 2009
APP2009- 00005— Page 2 of 3
2. The decision of the CDB will be in harmony with the general intent and purpose of this
development code; and
3. The decision of the CDB will not be detrimental to the public health, safety and general
welfare.
Prepared by: Planning Department Staff:
Matth �ckson, Planner II
ATTACHMENTS:
❑ Development Order Issued onAugust 12, 2009
❑ Aerial Photograph of Site and Vicinity
❑ Location Map
❑ Future Land Use Map
❑ Zoning Atlas Map
❑ Site Photos
❑ Resume
S: (Planning DepartmentlC D Bl4ppeaLslHastings 1932 Evans (LMDR) 2009.09 - WHastings 1932 Appeal Staff Report 8.21.2009.doc
Community Development Board— September 15, 2009
APP2009- 00005— Page 3 of 3
Matthew Jackson
100 South Myrtle Avenue
Clearwater, Florida 33756
(727) 562 -4836
matthew.iackson &,myclearwater.com
PROFESSIONAL EXPERIENCE
❑ Planner II
City of Clearwater, Clearwater Florida October 2008 to Present
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 meetings, 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
USA rmy, 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
Community Development Board— September 15, 2009
APP2009- 00005— Page 4 of 3
FP LL
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Clearwater Revi s ed 8/31/2009
0
AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, September 15, 2009
Time: 1:00 p.m.
Place: 112 South Osceola Street, 3`a Floor,
Clearwater, Florida, 33756
(City Hall Council Chambers)
Welcome the City of Clearwater Community Development Board (CDB) meeting. The City
strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please
advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted
listening devices are available. An oath will be administered swearing in 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.
Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc.
as they are distracting during the meeting.
Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a
record of the proceedings to support such appeal. Community Development Code Section 4-
206 requires that any person seeking to: personally testify, present evidence, argument and
witness, cross - examine witnesses, appeal the decision and speak on reconsideration requests
should request party status during the case discussion. Party status entitles parties to: personally
testify, present evidence, argument and witnesses cross - examine witnesses, appeal the decision
and speak on reconsideration requests.
If you have questions or concerns about a case, please contact the staff presenter from the
Planning Department listed at the end of each agenda item at 727 -562 -4567.
www.myclearwater.com/ og v /depts /planning
Community Development Board Agenda — September 15, 2009 — Page I of 4
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, DiPolito,
Alternate Member Carlough, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: August 18, 2009.
D. LEVEL TWO APPLICATIONS (Items 1— 4):
1. Case: FLD2009 -07022 — 26200 U.S. Highway 19 N Level Two Application
Owner /Applicant: Pssghetti's III, LLC.
Agent: Bill Kimpton (605 Palm Blvd., Dunedin, FL 34698; phone: 727 - 733 -7500; fax: 727 - 733 -7511;
email: bili@kimptonlaw.com).
Location: 2.05 acres located at the northwest corner of US Highway 19 and Enterprise Road.
Atlas Page: 232B.
Zoning: Commercial (C) District.
Request: Flexible Development approval to permit a restaurant in the Commercial (C) District with a
lot area of 2.05 acres; a lot width along US Highway 19 of 414 feet and along Enterprise Road of 276
feet; a front (east) setback of 74 feet (to building), zero feet (to existing roadway pavement of US
Highway 19 N exit ramp), 40 feet (to existing parking lot pavement), 46.87 feet (to courtyard patio)
and 45 feet (to courtyard wall); a front (south) setback of 62 feet (to existing building), 10 feet (to
existing pavement), 20 feet (to outdoor cafe patio) and 10 feet (to courtyard wall); a side (west)
setback of 2.5 feet (to existing pavement); a side (north) setback of 7.5 feet (to existing pavement); a
building height of 15.33 feet (to roof deck); and 87 on -site parking spaces (with an additional 73 off -
site parking spaces shared with adjacent shopping center), as a Comprehensive Infill Redevelopment
Project, under the provisions of Community Development Code (CDC) Section 2- 704.C; and a
reduction to the perimeter buffer along Enterprise Road from 15 to 10 feet (to existing pavement) and
a reduction to the west side perimeter buffer from five to 2.5 feet (to existing pavement), as a
Comprehensive Landscape Program, under the provisions of CDC Section 3- 1202.G.
Proposed Use: Restaurant.
Neighborhood Association(s): Woodgate 1 and II; and Clearwater Neighborhoods Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
Community Development Board Agenda — September 15, 2009 — Page 2 of 4
2. Case: FLD2009 -06020 —1575 Sunshine Drive Level Two Application
Owner /Applicant: Brenntag Midsouth, Inc.
Agent: Rick Moore, R & D Tri Enterprises, Inc. (34 NE Crystal Street, Crystal River, FL 34428; phone:
352- 794 -0002; fax: 727 - 795- 1041).
Location: 3.76 acres located on the east side of Sunshine Drive approximately 290 feet south of the
intersection of Logan Street and Sunshine Drive.
Atlas Page: 271B.
Zoning: Industrial, Research and Technology (IRT) District.
Request: Flexible Development approval to permit an expansion of an existing
Wholesale /Distribution/Warehouse and Manufacturing facility in the Industrial, Research and
Technology (IRT) District with a lot area of 163,785 square feet, a lot width of 135 feet, a front
(west) setback of 67 feet (to pavement), a side (west) setback of 10 feet (to building), a side (south)
setback of 42 feet (to building), a side (north) setback of 16 feet (to storage tanks) a rear (east)
setback of 19 feet (to pavement) and 27 feet (to building), a building height of 36.5 feet, and 25
parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community
Development Code (CDC) Section 2- 1304.C. and a reduction to the landscape buffer along the rear
(east) property line from five feet to zero feet, a reduction of the landscape buffer along the side
(north) property line from five feet to zero feet, a reduction of the landscape buffer along the side
(west) property line from five feet to zero feet, a reduction to the landscape buffer along the side
(south) setback from five feet to zero feet and a reduction to required interior landscape area from 10
percent to zero percent, as a Comprehensive Landscape Program, under the provisions of CDC
Section 3- 1202.G.
Proposed Use: Who lesale /Distribution /Warehouse and Manufacturing Facility.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: A. Scott Kurleman, Planner 1I1.
3. Case: FLD2009 -07021 — 830 Bayway Boulevard Level Two Application
Owner /Applicant: Clearwater Yacht Club, Inc.
Agent: Jay F. Myers, Myers and Associates Architecture (9170 Oakhurst Road, Suite 313, Seminole, FL
33776; phone: 727 -595 -7100; fax: 727 -595- 7138).
Location: 1.15 acres located on the north side of Bayway Boulevard approximately 650 feet east of
the intersection of Gulf Boulevard and Bayway Boulevard.
Atlas Page: 285A.
Zoning: Tourist (T) District.
Request: Flexible Development approval (1) to permit the upgrading and expansion of an existing
social and community center in the Tourist (T) District with a lot area of 50,428 square feet, a lot
width of 410 feet, a front (south) setback of six feet (to pavement), a side (east) setback of zero feet
(to existing pavement), a side (west) setback of 14 feet (to existing shed), a rear (north) setback of
zero feet (to pavement and tiki hut), a building height of 27.5 feet (to midpoint of roof) and 50
parking spaces, and (2) to permit outdoor storage (boats) in the Tourist (T) District as a
Comprehensive Infill Redevelopment Project, under the provision of Community Development Code
(CDC) Section 2- 803.C.
Proposed Use: Social and Community Center.
Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: A. Scott Kurleman, Planner III.
Community Development Board Agenda — September 15, 2009 — Page 3 of 4
4. Case: FLD2009 -08029 —1255 Cleveland Street Level Two Application
Owner /Agent: Bennetta Slaughter, Jade Group (P.O. Box 41377, Memphis, TN 38174; phone: 901-
486 -8433; fax: 901 - 328 -5595; email: benn.slaughter@- mail.com).
Location: 1.68 -acre parcel located at the southeast corner of Cleveland Street and Lincoln Avenue.
Atlas Page: 287B.
Zoning: Downtown (D) District.
Request: Flexible Development approval to permit a change of use from office to educational facilities
for a 15,212 square foot portion of an existing 36,920 square foot building within the Downtown (D)
District with 129 off - street parking spaces as a Comprehensive Infill Redevelopment Project under the
provisions of Community Development Code Section 2- 903.C, as well as a Termination of Status as a
Nonconformity for the existing building height of 87 feet where a height of 50 feet is permissible
under current code, as per Community Development Code Section 6 -109.
Proposed Use: Educational Facility.
Neighborhood Association(s): Skycrest Neighborhood Association; East Gateway Neighborhood CW
and Country Club Addition Neighborhood Association and Clearwater Neighborhoods Coalition.
Presenter: Robert G. Tefft, Development Review Manager.
E. LEVEL THREE APPLICATIONS (Item 1):
1. Case: TA2009 -08008 Amendments to the Community Development Code Level Three Application
Applicant: City of Clearwater, Planning Department.
Request: Amendments to the Community Development Code to create the temporary use category of
Outdoor Automobile, Boat, and Recreational Vehicle Shows.
Neighborhood Association(s): Clearwater Neighborhoods Coalition.
Presenter: Cate Lee, Planner II.
F. CONSIDERATION OF APPEAL (Item 1):
1. Case: APP2009 -00005 — 1932 Hastings Lane
Owner /Appellant: Thomas Evans (1932 Hastings Lane, Clearwater, FL 33763; phone: 727 -420-
1274; fax: 727-734-3821).
Location: 0.195 acres located at the northeast corner of Hastings Lane and Barrington Drive.
Atlas Page: 253A.
Zoning: Low Medium Density Residential (LMDR) District.
Request: An appeal from a Level One (Flexible Standard Development) denial decision pursuant to
Community Development Code Section 4- 501.A.3, that a requested pool and deck location is
inconsistent with the Accessory Use /Structures standards as set forth in Community Development
Code Section 3- 201.B.4.
Existing Use: Detached Dwelling.
Neighborhood Association(s): Valencia Park/ Cedar Groves HOA and Clearwater Neighborhoods
Coalition.
Presenter: Matthew Jackson, Planner II.
G. ADJOURNMENT
S: (Planning DepartmentlC D BWgendas DRC & CDBICDBI2009109 September 15, 20091CDB Agenda September 15, 2009.doc
Community Development Board Agenda — September 15, 2009 — Page 4 of 4
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, September 15, 2009, beginning at 1:00 p.m., in the City Council Chambers, in City
Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests:
NOTE: All persons wishing to address an item need to be present at the BEGINNING of the
meeting. Those cases that are not contested by the applicant, staff, neighboring property owners,
etc. will be placed on a consent agenda and approved by a single vote at the beginning of the
meeting.
1. Pssghetti's III LLC (Frank & Anne Mongelluzzi) are requesting Flexible Development
approval to permit a restaurant in the Commercial (C) District with a lot area of 2.05 acres; a lot
width along US Hwy 19 of 414 ft and along Enterprise Rd of 276 ft; a front (east) setback of 74 ft
(to building), zero ft (to existing roadway pavement of US Hwy 19 N exit ramp), 40 ft (to existing
parking lot pavement), 46.87 ft (to courtyard patio) and 45 ft (to courtyard wall); a front (south)
setback of 62 ft (to existing building), 10 ft (to existing pavement), 20 ft (to outdoor cafe patio)
and 10 ft (to courtyard wall); a side (west) setback of 2.5 ft (to existing pavement); a side (north)
setback of 7.5 ft (to existing pavement); a building height of 15.33 ft (to roof deck); and 87 on-
site parking spaces (with an additional 73 off -site parking spaces shared with adjacent shopping
center), as a Comprehensive Infill Redevelopment Project, under the provisions of Community
Development Code (CDC) Sec. 2- 704.C; and a reduction to the perimeter buffer along Enterprise
Rd from 15 to 10 ft (to existing pavement) and a reduction to the west side perimeter buffer from
5 to 2.5 ft (to existing pavement), as a Comprehensive Landscape Program, under the provisions
of CDC Sec. 3- 1202.G. (Proposed Use: Restaurant) at 26200 US Highway 19 N, Parcel No. 31-
28-16- 94130 - 000 -0100. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2009-
07022
2. Brenntag Mid -South Inc. (Kenneth W. Jones) are requesting Flexible Development approval
to permit an expansion of an existing Wholesale/Distribution/Warehouse and Manufacturing
facility in the Industrial, Research and Technology (IRT) District with a lot area of 163,785 sq. ft,
a lot width of 135 ft, a front (west) setback of 67 ft (to pavement), a side (west) setback of 10 ft
(to building), a side (south) setback of 42 ft (to building), a side (north) setback of 16 ft (to
storage tanks) a rear (east) setback of 19 ft (to pavement) and 27 ft (to building), a building height
of 36.5 ft, and 25 parking spaces as a Comprehensive Infill Redevelopment Project under the
provisions of Community Development Code (CDC) Sec. 2- 1304.C. and a reduction to the
landscape buffer along the rear (east) property line from 5 ft to zero ft, a reduction of the
landscape buffer along the side (north) property line from 5 feet to zero ft, a reduction of the
landscape buffer along the side (west) property line from 5 ft to zero ft, a reduction to the
landscape buffer along the side (south) setback from 5 ft to zero ft and a reduction to required
interior landscape area from 10 percent to zero percent, as a Comprehensive Landscape Program,
under the provisions of CDC Sec. 3- 1202.G. (Proposed Use: Wholesale/Distribution/Warehouse
and Manufacturing Facility) at 1575 Sunshine Dr., Parcel No. 01- 29 -15- 16488 - 000 -0153.
Assigned Planner: A. Scott Kurleman, Planner III. FLD2009 -06020
3. Clearwater Yacht Club Inc. (Commodore Barrie Gustard) are requesting Flexible
Development approval (1) to permit the upgrading and expansion of an existing social and
community center in the Tourist (T) District with a lot area of 50,428 sq. ft, a lot width of 410 ft,
a front (south) setback of 6 ft (to pavement), a side (east) setback of zero ft (to existing
pavement), a side (west) setback of 14 ft (to existing shed), a rear (north) setback of zero ft (to
i, . . 'A
pavement and tiki hut), a building height of 27.5 ft (to midpoint of roof) and 50 parking spaces,
and (2) to permit outdoor storage (boats) in the Tourist (T) District as a Comprehensive Infill
Redevelopment Project, under the provision of Community Development Code (CDC) Sec. 2-
803.C. (Proposed Use: Social and Community Center) at 830 Bay-Way Blvd., Parcel No. 17 -29-
15- 05022- 004 -0050. Assigned Planner: A. Scott Kurleman, Planner I11. FLD2009 -07021
4. Jade Group (David & Bennetta Slaughter) are requesting Flexible Development approval to
permit a change of use from office to educational facilities for a 15,212 sq. ft portion of an
existing building within the Downtown (D) District with 129 off - street parking spaces as a
Comprehensive Infill Redevelopment Project under the provisions of Community Development
Code Sec. 2- 903.C, as well as a Termination of Status as a Nonconformity for the existing
building height of 87 ft where a height of 50 ft is permissible under current code, as per
Community Development Code Sec. 6 -109. (Proposed Use: Educational Facility) at 1255
Cleveland St., Parcel Nos. 15- 29 -15- 38574- 002 -0140 and 15- 29 -15- 38574- 002 -0230. Assigned
Planner: Robert G. Tefft, Development Review Manager. FLD2009 -08029
5. Thomas Warren Evans is requesting an appeal from a Level One (Flexible Standard
Development) denial decision pursuant to Community Development Code Sec. 4- 501.A.3, that a
requested pool and deck location is inconsistent with the Accessory Use /Structures standards as
set. forth in Community Development Code Sec. 3- 201.B.4.. (Existing Use: Detached Dwelling)
at 1932 Hastings Ln., Parcel No. 01- 29 -15- 98110 - 000 -1220. Assigned Planner: Matthew
Jackson, Planner H. APP2009 -00005
Interested parties may appear and be heard at the hearing or file written notice of approval or
objection with the Planning Director or City Clerk prior to the hearing. Any person who decides
to appeal any decision made by the Board or Council, with respect to any matter considered at
such hearings, will need to request 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. Community
Development Code Sec 4 -206 states that party status shall be granted by the Board in quasi-judicial
cases if the person requesting such status 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, and needs to be requested and
obtained during the case discussion before the CDB.
An oath will be administered swearing in all persons giving testimony in quasi-judicial public
hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and
spell your name and provide your address. Persons without party status 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 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 the assigned planner at 562 -4567 to discuss any questions or concerns
about the project and/or to better understand the proposal and review the site plan.
Michael Delk
Planning Director
City of Clearwater
Cynthia E. Goudeau, MMC
City Clerk
r
P.O. Box 4748, Clearwater, FL 33758 -4748
NOTE: Applicant or representative must be present at the hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND
LEGISLATIVE SERVICES. ANY PERSON WITH A DISABHXff REQU RIN G
REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING
SHOULD CALL (727) 562 -4093 WITH THEIR REQUEST.
To learn more about presenting to Clearwater boards and City Council, go to
http:// clearwater .granicus.comNiewPublisher.php ?view id =11 and click on "Resident
Engagement Video." You can also check the informational video out from any
Clearwater public library.
Ad: 09/03/09
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Map Request
Planner Name: Matt Jackson
Case Number: APP2009 -00005
Date Requested: 8 -19 -2009
Date Requested for (date): 14 working days
Maps Requested
® Location Map
® Aerial Map
® Zoning Map
® Existing Surrounding Uses Map
Required Documents to be submitted to Engineering
® Legal Description Lot 122, of replat of Willow Ridge as recorded in Plat Book 71,
Page(S) 98 -101, of the public records of Pinellas County, Florida o4r-, 41--�
® Survey
® Map with Proposed Site Highlighted
IN ADDITION TO THE REQUESTED MAPS, PLEASE PROVIDE VERIFICATION THAT THE LEGAL
DESCRIPTION WE HAVE PROVIDED IS CORREC AND A CUR TE.
Thomas Mahony, Geographic Technology Manager 0�
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Map Name
Owner: Tom Evans
Case: APP2009 -00005
Site: 1932 Hastings Lane
Property Size: .2 acres
PIN: 01/29/15/98110/000 /1220
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Atlas Page: 253A
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View of the property looking north
View of the property looking northwest.
1932 Hastings Lane
APP2009 -00005