VR98-12VR98-12
18717 US HWY 19 N
DON PABLO'S
IN THE CIRCUIT OF CLEARWATER
DEVELOPMENT CODE
ADJUSTMENT BOARD
BAY ARISTOCRAT VILLAGE, INC., )
Appellant, )
vs. )
ORANGELAND VISTAS, INC., )
Appellee. )
CASE NO. VR 98-12
p. Tv r
BAY ARISTOCRAT VILLAGE, INC.'S NOTICE OF APPEAL
OF A VARIANCE GRANTED BY THE CITY OF CLEARWATER
DEVELOPMENT CODE ADJUSTMENT BOARD
m
Appellant, BAY ARISTOCRAT VILLAGE, INC., a not-for-profit corporation ("BAV"), files this Notice
of Appeal in accordance with Clearwater Code § 36.065. BAV seeks to have the Hearing Officer review the
decision of the City of Clearwater Development Code Adjustment Board ("Board") rendered on January 22,
1998, in Case No. VR 98-12. BAV requests the Hearing Officer to reverse the decision of the Board granting
the variance application ("Application') filed by ORANGELAND VISTAS, INC. ("ORANGELAND") concerning
C-- . _.
real property located at-18717-U.S..19.North based upon the following:
The Board denied BAV procedural due process as ORANGELAND failed to list BAV as an
abutting property owner and BAV failed to receive adequate notice of the Application.
2. The Board failed to observe the essential requirements of its Code in granting the Application
because ORANGELAND did not prove that it met the Code variance criterium.
ORANGELAND, in its Application and presentation to the Board. never addressed and
certainly did not establish by competent, substantial evidence, that it met the criteria for a variance to allow
the construction of 55 additional paved parking spaces. ORANGELAND did not prove that a hardship existed
G)
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(1)
to
S:P:157290:1
because of the unique shape or size of the subject property, or that it could not develop such property in
compliance with the Code. ORANGELAND failed to prove that the variance was not based exclusively on a
desire for economic or other material gain. BAV, on the other hand, did prove to the Board that the 55
additional paved parking spaces proposed in the Application would have a material adverse affect on their
property and their public welfare.
WHEREFORE, BAY ARISTOCRAT VILLAGE, INC. respectfully requests the Hearing Officer to
reverse the Board's grant of ORANGELAND's Application because the decision was not supported by
competent, substantial evidence, procedural due process was not afforded to BAV and the essential
requirements of law were not observed.
Respectfully submitted,
LYON V. CRAVEY, ESQUIRE
RUDEN, MCCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.
Post Office Box 14034
St. Petersburg, FL 33733
(813) 895-1971(Telephone)
(813) 823-8979(Facsimile)
Attorneys for BAY ARISTOCRAT VILLAGE, INC.
Florida Bar No. 0879428
I HEREBY CERTIFY that a true and correct copy of the foregoing Bay Aristocrat Village, Inc.'s Notice
of Appeal of a Variance Granted by the City of Clearwater Development Code and Adjustment Board was
mailed by U.S. Mail to Orangeland Vistas, Inc., c!o Rosenberg and Liebenbite - Mark Trager, 2 North
Riverside Plaza, Chicago, Illinois 60606 and Housh Ghovaee, 2907 State Road 590, Suite 7, Clearwater,
Florida 33759, this 41R?d- day of February, 1998.
, r l L?
L,YlNN V. CRAVEY, ESQUIRE
STP:157290:1 2
CITY OF CLEARWATER
NOTICE OF DEVELOPMENT CODE ADJUSTMENT BOARD PUBLIC HEARINGS
The Development Code Adjustment Board of the City of Clearwater, Florida, will hold public hearings on
Thursday. January 22. 1998, beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor,
112 South Osceola Avenue, Clearwater, Florida, to consider the following requests for variances of the Land
Development Code:
Item A - (cont. from 1/8/98) James Michael & Margee Hoe McDaniel for the following variances (1) a setback
variance of 21.2 ft to permit a 2nd floor addition 3.8 ft from the southerly right-of-way line of Eldridge St., rather
than the 25 ft setback required; (2) a setback variance of 18 ft to permit a 2nd floor addition 7 ft from the westerly
right-of-way line of Eldridge St., rather than the 25 ft setback required; and (3) a setback variance of 5.75 ft to
permit a 2nd floor addition 4.25 ft from a rear property line, rather than the 10 ft rear setback required at 301
Eldridge St., Eldridge Town House, Lot 1 together with submerged land to West, zoned RM 16 (Multiple Family
Residential). V 98-03
1. Ham E. & Paula Aneenendt, Jr. for a variance of 2 ft in fence height to permit a fence height of 6 ft where
a maximum fence height of 4 ft is allowed at 305 N. Glenwood Ave., Glenwood Sub, Lot 61, zoned RS 8 (Single
Family Residential). V 98-07
2. John H. & Patricia P. Meek, Jr. for a structural setback variance of 11 ft to allow a setback of 14 ft from the
Narcissus Avenue right-of-way where a minimum setback of 25 ft is required at 51 Carlouel Dr., Carlouel Sub,
Blk 256, Lot 23 and part of Lot 22, zoned RS 8 (Single Family Residential). V 98-08
3. The Villas at Countryside Condominium Association, Inc. for a variance to allow the orientation of a
replacement 6 ft high fence within the structural setback area to have the finished side facing inward at 2450
Enterprise Blvd., Villas at Countryside Condominium, zoned RM 16 (Multiple Family Residential). V 98-10
4. C.B.G.A.M. Inc. (Clearwater Beach Garden Apartment and Motel) for the following variances (1) a setback
variance of 2.36 ft to allow a two story addition 3.65 ft from the East side property line where a minimum setback
of 6 ft is required; and (2) a setback variance of 5 ft to allow a two story addition 5 ft from the Rear property line
where a minimum setback of 10 ft is required at 14 Sommerset St., Clearwater Beach Revised, Blk 1, Lots 1-5,
zoned RM 20 (Multiple Family Residential). V 98-11
51 Oranieland .'Ine.!(Don.Pablo's.Meucan.: ?tawanq for a variance of 55 paved parking spaces to allow
14i pivid;parking spaces-where86-parking spaces are allowed to be paved at 18717 U.S. 19 N., Sec 20-29-16,
M&B"32:04 ;zoned CH (Highway Commercial)..V'98-12<.
6. University Aieh Equity Real Estate Fund II/Jean F. Shelling. Trustee/TM Clearwater Realty. LTD
(Lowe's) for an open space variance for the lot of 12 percent to allow 13 percent where a minimum of 25 percent
is required at 26990 U.S. 19 N., Sec 30-28-16, M&B's 31.04, 31.03, and part of 31.02, zoned CC (Commercial
Center). V 98-14
Interested parties may appear and be heard at the bearings or file written notice of approval or objection with the
City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board or
Commission, 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.
Any photographs, drawings, plans, etc., submitted as exhibits by any parry, will be made part of the record and
will not be returned.
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,
Development Services Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567.
City of Clearwater Cynthia E. Goudeau, CMC
P.O. Box 4748 City Clerk
Clearwater, FL 33758-4748
NOTE: Applicant or representative must be present at the hearing.
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN
SW FT. OF THE SUBJECT PROPERTY.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY
PERSON WITH A DISABILITY REOUQiING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN TIIIS MEETING SHOULD CALL THE CM CLERK DEPT WrM THEIR
REQUEST AT (813) 562-4090.
Ad: 1/10/98
CITY CLERK
P.G. BOX 4748
CLE +RWATER, FL 33758-4748
!'i(;; WARDING S RETURN
POSTAGE GUARANTEED
I\APnRTAICITI Cihi Pi ihIic HPa rin¢ Nnt-ir-P
NOT APPROVED
sheds in the rear, Mr. Myrick stated the owner agrees to remove one shed within
seven days. The other shed will be used for material storage during construction and
will be removed within seven days of project completion. Vegetation will replace the
sheds. He agreed with staff comments.
No verbal or written support or opposition was expressed.
Member Johnson moved to grant the variance as requested because the applicant
has substantially met all of the standards for approval as listed in Section 45.24 of the
Land Development Code, subject to the following conditions: 1) This variance is based
on the application for a variance and documents submitted by the applicant, including
maps, plans, surveys, and other documents submitted in support of the applicant's
request for a variance. Deviation from any of the above documents submitted in
support of the request for a variance regarding the work to be done with regard to the
site or any physical structure located on the site, will result in this variance being null
and of no effect; 2) The requisite building permit(s) shall be obtained within one year
from the date of this public hearing; and 3) The one-story masonry storage shed to the
west shall be removed during construction, and the wooden shed to the east shall be
removed at completion of construction. The motion was duly seconded and carried
unanimously.
Mr. Carassas left the meeting when Assistant City Attorney Dougall-Sides arrived.
CS.Orangeland Vistas, Inc. (Don Pablo's Mexican Restaurant) for a variance of 55
paved parking spaces to allow 141 paved parking spaces where 86 parking spaces
are allowed to be paved at 18717 US 19 N, Sec 20-29-16, M&B 32.04, zoned CH
(Highway Commercial). V 98-12
Mr. Richter presented background information, written staff recommendations,
parking, pavement, and green space requirements. The applicant proposes to develop
a new Don Pablo's restaurant with 55 more paved parking spaces than the maximum
number allowed by code. The applicant's experience with other Don Pablo's
restaurants indicates the requested parking is needed to serve the customer base and
prevent parking problems. The development will exceed minimum green space
requirements. Denial would not require removal, but would prevent paving of the 55
surplus spaces. Approval is preferable as the property's condition could suffer by
having unpaved parking spaces. In response to a question, Mr. Richter said the
number of spaces is capped for aesthetic reasons, although open space requirements
are met. Staff felt conditions support the request and recommended approval with
two standard conditions.
Housh Ghovaee, with the engineering firm representing the applicant, concurred
with staff's analysis of the request. In response to a question, he said retention
requirements are met. He addressed concerns expressed in a January 10 letter from
engineering consultant Andrew Nicholson, on behalf of the adjacent Bay Aristocrat
Village mobile home park to the east, involving use of the access easement, traffic
impacts, and driveway configuration in relation to surrounding developments.
mdc01 b98 7 01/22/98
NOT APPROVED '
Richard Stacey, development consultant for the restaurant's parent company,
stated their experience indicates restaurants are not successful without adequate
parking. Heavy traffic on grassy areas would not be good during rainy weather.
Experience shows the public will park anywhere they can, including in other
commercial parking lots and on private property. Site access via the easement shown
on the site plan has been addressed with the title company, surveyor and engineer,
and can be discussed with the adjacent homeowners. He said the reciprocal easement
agreement gives both parties equal rights and complete access to the private road.
Ms. Dougall-Sides mentioned Mr. Nicholson's reference to an intention to sell a portion
of the adjacent property, noting any such sale would be subject to the existing
easement. She briefly reviewed the easement document and responded to questions.
No verbal or written support was expressed. Three persons spoke in opposition to
the applicants' proposal to access their site via the private road, as it is the only means
by which Bay Aristocrat residents may access their homes. The driveway is currently
shared by Steak 'n' Shake Restaurant. It was felt safety and quality of life for more than
300 residents will be severely impacted by Don Pablo's heavy traffic flow, anticipated to
exceed 1200 trips per day. It was indicated the little roadway is inadequate to handle
Steak 'n' Shake traffic, Bay Aristocrat residents, and the enormity of the proposed
restaurant. The applicant was strongly encouraged to pursue a driveway connection to
US 19 through FDOT. A packet of handouts was submitted for the record, including a
list of requested conditions, should the application be approved.
Mr. Ghovaee submitted a January 16 letter from FDOT representative Judith
Smith, stating the reasons a driveway connection with US 19 will not be considered.
After lengthy discussion with the opposition regarding the traffic impact issue, board
members noted the project is subject to the site plan review process and denial at this
stage would serve no useful purpose. The speakers were encouraged to address their
complaints to the City Traffic Engineering Department, as the access easement issue
does not. relate to the variance request before the board. One objector requested
continuance of the application pending a final DOT decision, because conversations
with FDOT representative Norm Littell had indicated a driveway connection would be
desirable at this location.
City Public Works Administrator Rich Baier, who was present to address the next
case, was requested to provide his professional opinion. He responded a traffic signal
exists near the location where a driveway connection would have to be, if approved.
It was believed such a connection would cause a dangerous traffic flow situation at
the signaled intersection. He noted Judith Smith, author of the January 16 letter
referenced by Mr. Ghovaee, is the authority who would make the decision. Mr. Littell
makes decisions regarding smaller driveways. Mr. Baier's opinion was traffic impact is
a site plan issue, subject to DRC (Development Review Committee) study. Continuing
the variance request would not influence the site plan review process. Board members
agreed it would be expedient to approve the variance request, allowing site plan issues
to be addressed through appropriate channels.
mdc01 b98 8 01/22/98
NOT APPROVED
Member Johnson moved to grant the variance as requested because the applicant
has substantially met all of the standards for approval as listed in Section 45.24 of the
Land Development Code, subject to the following conditions: 1) This variance is based
on the application for a variance and documents submitted by the applicant, including
maps, plans, surveys, and other documents submitted in support of the applicant's
request for a variance. Deviation from any of the above documents submitted in
support of the request for a variance regarding the work to be done with regard to the
site or any physical structure located on the site, will result in this variance being null
and of no effect; and 2) The requisite building permit(s) shall be obtained within one
year from the date of this public hearing. The motion was duly seconded and carried
unanimously.
C6. University High Equity Real Estate Fund II/Jean F. Shelling, Trustee/TM Clearwater
Realty, LTD. (Lowe's) for an open space variance for the lot of 12 percent to allow
13 percent where a minimum of 25 percent is required at 26990 US 19 N, Sec 30-
28-16, M&B's 31.04, 31.03, and part of 31.02, zoned CC (Commercial Center).
V 98-14
Mr. Richter presented background information, written staff recommendations, and
open space requirements. The applicant proposes to redevelop the subject property
with a Lowe's store, approximately doubling the existing open space and increasing
stormwater retention. Staff felt conditions support the request and recommended
approval with two standard conditions.
Public Works Administrator Rich Baier introduced the item, stating the proposal to
improve a large vacant shopping center existing in a sea of asphalt is an extremely
positive project for the City. A $150,000 landscaping plan, site irrigation, and
perimeter road realignment are proposed.
The property owners were represented by Attorney Ed Armstrong, representative
Steve Henry, and Lowe's site assessment manager, Tom Wilkinson. In response to
questions, it was indicated interior parking areas will be shaded and accented with oak
trees, flowering crepe myrtles, and palms. In accordance with changes anticipated in
the new Land Development Code, three-inch diameter trees will be installed where
previously one-inch trees were required.
No verbal or written support or opposition was expressed.
Member Schwob moved to grant the variance as requested because the applicant
has substantially met all of the standards for approval as listed in Section 45.24 of the
Land Development Code, subject to the following conditions: 1) This variance is based
on the variance application and documents submitted by the applicant, including maps,
plans, surveys, and other documents submitted in support of the applicant's variance
request. Deviation from any of the above documents submitted in support of the
variance request regarding the work to be done with regard to the site or any physical
structure located on the site, will result in this variance being null and of no effect; and
2) the requisite building permit(s) shall be obtained within one year from the date of
this public hearing. The motion was duly seconded and carried unanimously.
mdc01 b98 9 01/22/98
CITY OF CLEARWATER
VARIANCE TRANSMITTAL
VR#98-12
TRANSMIT TO:
Cynthia Goudeau, City Clerk (Original) Mike Gust, Traffic Engineering.
Leslie Dougall-Sides, Asst., City Attorney Vic Chodora, Building Official
Stephen Doherty, Central Permitting Supervisor Tom Miller, Environmental
Earl Dussault, Steve Sarnoff, Don Malone; Zoning Review Lead Planner
MEETING DATE: January 22, 1998
AGENDA ITEM: 6
CASE #: VR 98-12
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Orangeland Vistas, Inc. / Proposed Don
Pablo's Mexican Restaurant / Housh Ghovaee
with Northside Engineering Services, Inc.
LEGAL DESCRIPTION:
ADDRESS:
LOCATION:
AREA:
EXISTING/PROPOSED
PROPOSED ZONING
Section 20-29-16, M & B 32.04
18717 U.S. 19 North (proposed)
N.E. corner Nursery Road and U.S. 19 North
2.01 acres m.o.l.
USE: Vacant / Restaurant
CH (Highway Commercial)
VARIANCE REQUEST
Maximum 25 percent additional Maximum of 25 percent additional 141 paved 55 paved
paved parking spaces paved parking spaces allowed / parking parking
42.34(5)(b)1.• spaces spaces
• 1 parking space / 100 sq. ft. (6863 sq. ft.) + 25 percent = 86 total paved parking spaces
NEWSPAPER AD: Orangeeland Vistas Inc / Proposed Don Pablo's Mexican Restaurant, a variance
of 55 paved parking space to allow 141 paved parking spaces where 86 parking spaces are allowed
to be paved, 18717 U.S. 19 North (proposed address), Section 20-29-16, M & B 32.04, zoned CH
(Highway Commercial). VR 98-12
SURROUNDING LAND USES (Please refer to attached map for surrounding zoning districts):
North: Restaurant/Retail East: Mobil Home Park
South: Restaurant West: Retail
CITY OFFICIALS WISHING TO COMMENT MAY DO SO IN THE SPACE PROVIDED BELOW
(COMMENTS SHOULD BE RETURNED TO ZONING AT LEAST FIFTEEN DAYS PRIOR TO THE
SCHEDULED PUBLIC HEARING). t:? err ?y T? Tt
I! ,- 1 i.:
Other Board Actions Required: NONE
TRANSMITTED BY: Don Melone
DATE: December 26, 1997 FOR PUBLIC HEARING BY THE DEVELOPMENT CODE ADJUSTMENT BOARD
VR9812 TRANSMITTAL.doc
CENTRAL PERMITTING DEPARTMENT
`= 100 SO. MYRTLE AVE., 2NDF1OOR
a i 4 CLEARWATER, FL 34616
PHONE: 662-4567; FAX: 562-4576
C INSPECTION LINE: 5624580
1VR# .I j - Z
3 i8R
PROPERTY OWNER(S)- NAME & ADDRESS: REPRESENTATIVES(S) Cif any) NAME & ADDRESS:
itp - Mark Tragpr
t
h
H 2907 State Road 590, '?Adta 7
r
a
an
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side Plaza
r Clp-arwatpr- Florida 1179q
2 Nort
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.
Chi o Illinois 60606
TELEPHONE: ( Ill )
TELEPHONE: ( -
ADDRESS OF SUBJECT PROPERTY:
Vacant
NAME OF BUSINESS (IF APPLICABLE):
Don- Pahl o's Mexican Re tnal I ant
al'
ZONING DISTRICT:
CH
LAND USE CLASSIFICATION:
Highway Connection
LAND AREA.
2.01 acres
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
See Plan
'PARCEL NUMBER: 20 / 29 16 00000 / 2 /0400
'Mis information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207.
If more than one parcel number, attach 8 % x I I inch sheet.
DESCRIBE SURROUNDING USES OF PROPERTY
North: East:
0 ps Restaurant
South: West:
VARIANCE(S) REQUEST:
Re f I K-1
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CITY pF CIEAR?NgTER
went Code Adjustment Board
STANDARDS FOR APPROVAL: Ava variance shall
clearly sunot be pport the follob the wing conditions:
unless the application and evidence presented
1) There are special circumstances related to the particular physical surroundings, shape or topographical
conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do
not apply generally to the land or buildings in the applicable zoning district because:
e
2) The strict-application-of the-provisions of the code would deprive the applicant of the reasonable use of the land
or buildings because:
the customer demand for this restaurant b experience is not hi er than the City
code allows.
3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or
owner because:
It costs more to build additional parking,
4) The granting of the variance will be in harmony with the general purpose and intent of the Land Development
Code and Comprehensive Plan and will not be materially injurious to surrounding properties or otherwise
detrimental to the public welfare because:
Granting the various will not be materially in furious to surrounding nr
THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND
APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON-
REFUNDABLE REGARDLESS
ALL FEES PAID DO NOT GUASIGNING THIS RO OF THIS
ACKNOWLEDGING
APPLICATION.
SIGNATURE OF PROPERTY OWNER (OR RESPRESENTATI(In a position and name of company if applicable)
g=
Sworn to and subscribed before me this day of A. D., 19
by yA Gs ?wbo is personally know to m has produced
n as identification. STATE OF FLORIDA, COUNTY OF Mm L A.s5_-
Commission:CC.
Name of Notary typed, printed or stamped
NOTES:
PROPERTY OWNER OR REPRESENTATIVE RM ATTEND HEARING.
APPLICATION SHALL INCLUDE A ?jntRENT A_ND ACCTE SITE PLAN.
FORM • VARIANCE APPLICATION ( February 25,1997)1410-0004
ORANGELANO VISTAS, INC.
Two North Riverside Plaza
Suite 1600
Chicago, Illinois 60606
November 21, 1997
TO WHOM IT MAY CONCERN'
This letter authonzes Housh Ghovaee with Northside Engineering Services, Inc..
("Agent"), 2907 SR 590. Suite 1, Clearwater, Florida 34619, to act as agent on behalf of
ed at
Orangeland Vistas, Inc. HiOwt1er;gfa?? Nursery Road lin No. CleaOrwater Pi?el3las CouOnty Ftlorida
the northeast corner of Highway
(the 'Property") solely as provided below:
The Agent is authorized to file and proceed with all govemment agency
approvals necessary to apply for a subdivision of the Property into one legal lot.
and to.execute ana submit such other applicable forms for issues related to the
development approval for the proposed use of the Property as a "Don Pablo's
Mexican Kitchen" restaurant. Any such approval may only be effective upon the
conveyance of the Property to DF&R Operating Company. inc. (the °Contract
Purchaser"), and, in the event that the Property is not conveyed to the Contract
Purchaser, any such approval shall be null and void.
2. Tne Owner reserves the right to revoke this authorization in writing at any time.
ORANGELAND VISTAS, INC.
BY'
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VR #98-12
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CITY OF CLEARWATER
DEVELOPMENT CODE ADJUSTMENT BOARD
VARIANCE STAFF REPORT
MEETING DATE: January 22, 1998
AGENDA ITEM: C5
CASE #: VR 98-12
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Orangeland Vistas,
Pablo's Mexican Restaurant / Housh Ghovaee
LEGAL DESCRIPTION: Section 20-29-16, M&B 32.04.
ADDRESS: 18717 U.S. 19 N.
LOCATION: Northeast corner of U.S. 19 N. and Nursery Rd.
AREA: 2.01 acres
EXISTING/PROPOSED USE: Vacant/Restaurant
ZONING: CH (Highway Commercial)
VARIANCE REQUEST
Inc. / Proposed Don
- : TYPE OF VARIANCE REQUIREMENT/CODE REQUEST/ VARIANCE
'.REQUESTED CITATION PROPOSED NEEDED.:;
Number of paved parking Maximum 86 paved spaces / 141 paved 55 paved
spaces 42.34(5)(b)1. spaces spaces
NEWSPAPER AD: Orangeland Vistas inc. variance of 55 paved parking spaces to allow
86 paved parking spaces are allowed, 18717 1
16, M&B 32.04, zoned CH (Highway Commen
SURROUNDING LAND USES (Please refer to attached map for
North: Restaurant/retail East: Mobil home
South: Restaurant West: Retail
rauio-s nnexican restaurant, a
ng spaces where a maximum of
oposed address), Section 20-29-
surrounding zoning districts):
park
POTENTIAL ADVERSE IMPACTS ON SURROUNDING PROPERTIES:
Generally compatible as proposed.
OTHER REQUIRED REVIEWS/PUBLIC HEARINGS:
Development Review Committee - Site Plan Review.
STAFF ANALYSIS OF REQUEST:
This property is proposed to be developed with a new Don Pablo's restaurant. The restaurant will
have considerably more parking than the code requires. Furthermore, it will have more paved
spaces than the code allows. The code allows a maximum of 125 percent of the required spaces
to be paved. For this restaurant, 69 parking spaces are required and no more than 86 paved
spaces may be provided. This restaurant will have 141 paved spaces. Consequently, a variance is
requested to allow 55 more paved parking spaces than is permitted.
Conditions support approval of the variance. Despite the provision of additional paved parking, the
open space requirements of the code will be met. The code requires 25 percent open space for the
lot and 30.9 percent will be provided. The applicant has experience with other Don Pablo's
restaurants and indicates the additional parking is necessary in order to serve the customer base
and prevent parking problems. According to the variance application, this restaurant will employ 85
people. The application also indicates that other Don Pablo restaurants in the Tampa Bay area are
furnished with between 127 and 151 spaces. Based upon the information furnished by the
applicant, it appears that approval of this variance is in the best interest of all.
VR 98-12
Page 2
COMPLIANCE WITH APPROVAL STANDARDS (SEC. 45.24):
Appears to comply with all standards for approval as proposed.
RECOMMENDED CONDITIONS OF APPROVAL:
1) This variance is based on the application for a variance and documents submitted by the
applicant, including maps, plans, surveys, and other documents submitted in support of the
applicant's request for a variance. Deviation from any of the above documents submitted in
support of the request for a variance regarding the work to be done with regard to the site or
any physical structure located on the site, will result in this variance being null and of no effect.
2) The requisite building permit shall be obtained within one year.
ATTACHMENTS: None.
PREVIOUS RELATED BOARD ACTIONS:
None.
OTHER DEPARTMENT/CITIZEN/OUTSIDE AGENCY COMMENTS:
See attached comments from other reviewing City departments.
NOTE: THIS REPORT IS A STAFF RECOMMENDATION TO THE BOARD MEMBERS AND DOES
NOT REPRESENT A FINAL DECISION OF THIS CASE. A FINAL DECISION WILL BE MADE BY
THE BOARD AT THE PUBLIC HEARING ON THE DATE LISTED ABOVE.
VK 98-12 - staff report
VR#98-12
CITY OF CLEARWATER
VARIANCE TRANSMITTAL
TRANSMIT TO: Mike Gust, Traffic Engineering
Cynthia Goudeau, City Clerk (Original) Vic Chodora, Building Official
Leslie Dougall-Sides, Asst., City Attorney Tom Miller, Environmental
Stephen Doherty, Central Permitting Supervisor Lead Planner
Earl Dussault, Steve Sarnoff, Don Melons; Zoning Review
MEETING DATE: January 22, 1998
AGENDA ITEM: 6
CASE #: VR 98-12
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Pablo slMexi Vistas, Inc. / %oHoushGhovaee
with"Northside Engineering Services, Inc.
LEGAL DESCRIPTION: Secti 13 i 111111 4
ADDRESS: iZ I1, . 19 North (pro ose
oaa and U.S. 19 North
LOCATION: -cornej:hbr ry
AREA. 2.01 acres m.o.l.
EXISTING/PROPOSED USE: Vacant / Restaurant
PROPOSED ZONING CH (Highway Commercial)
VARIANCE REQUEST
77
F71
TYPIr t>F VARIANCE
VARIANCE
iru;?Iy.tol w.
Maximum 25 percent additional Maximum of 25 percent additional 141 paved 55 paved
paved parking spaces paved parking allowed / sparking paces spaces
+ 1 parking space / 100 sq. ft. (6863 sq. ft.) + 25 percent = 86 total paved parking spaces
NEWSPAPER AD: Oranaeland Vi as Inc / Proposed Don Pablo's Mexican Restaurant. a.variance
of 55 paved parking space to allow 141 paved parking spaces where 86 parking spaces are allowed
to be paved, 18717 U.S. 19 North (proposed address), Section 20-29-16, M & B 32.04, zoned CH
(Highway Commercial). VR 98-12
SURROUNDING LAND USES (Please refer to attached map for surrounding zoning districts):
North: Restaurant/Retail East: Mobil Home Park
South: Restaurant West: Retail
CITY OFFICIALS WISHING TO COMMENT MAY DO SO IN THE SPACE PROVIDED BELOW
(COMMENTS SHOULD BE RETURNED TO ZONING AT LEAST FIFTEEN DAYS PRIOR TO THE
?10%2 21FIMI a rr% 01101 Ir HFORING1.
Other Board Actions Required: NONE
TRANSMITTED BY: Don Melons
DATE: December 26, 1997 FOR PUBLIC HEARING BY THE DEVELOPMENT CODE ADJUSTMENT BOARD
VR9812 TRANSMITTAL.doc
CITY OF CLEAVARIANCE TRANSMITTAL
v MM Z7a- r c
TRANSMIT TO: Mike Gust, Traffic Engineering .
Cynthia Goudeau, City Clerk (Original) Vic Chodora, Building Official
Leslie Dougall-Sides, Asst., City Attorney Tom Miller, Environmental
Stephen Doherty, Central Permitting Supervisor Lead Planner
Earl Dussault, Steve Sarnoff, Don Melone; Zoning Review
MEETING DATE: January 22, 1998
AGENDA ITEM: 6
CASE *: VR 98-12
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Pablo'sl Mexican Restaurant //Housh Ghovaee
with Northside Engineering Services, Inc.
LEGAL DESCRIPTION:
ADDRESS:
LOCATION:
AREA:
EXISTING/PROPOSED
PROPOSED ZONING
Section 20-29-16, M & B 32.04
18717 U.S. 19 North (proposed)
N.E. corner Nursery Road and U.S. 19 North
2.01 acres m.o.l.
USE: Vacant / Restaurant
CH (Highway Commercial)
TYPE OF VMIA14CE
REQUESTED,;.
Maximum 25 percent additional
paved parking spaces
1 parking space / 100 sq. ft. (68
VARIANCE REQUEST
Rl*aUESTf VARIANCE
ni tlaFitENT/CODE CITATION PROPOSEO NEEDED
Maximum of 25 percent additional 141 paved 55 paved
paved parking spaces allowed / parking parking
42.34(5)(b)1.• spaces spaces
P3 sq. ft.) + 25 percent = 86 total paved parking spaces
cPd Don Pablo's Mexican Restaurant, a variance paved parkin spaces where
NEWSPAPER AD: Oran 4eland Vistas Inc / Proae
are
M & B 3spaces 2 04, zoned CHd
allowe of 55 paved parking space to allow 1 rot osed address) Section 20 291 6parkin
to be paved, 15717 U.S. 19 North
(Highway Commercial). VR 98-12
SURROUNDING LAND USES (Please refer to attached map for surrounding zoning districts):
North: Restaurant/Retail East: Mobil Home Park
South: Restaurant West: Retail
CITY OFFICIALS WISHING TO COMMENT
FIFTEEN DAYS PRIOR TO THE
TO ZONING AT IN
(COMMENTS SHOULD BE RETURNED
SCHEDULED PUBLIC HEARING).
- - L • - - I-L --
e' t (? N' a
. ,.1.__ 1.. a _...... ?.. , rt c?? nna?Gr?
Other Board Actions Required: NONE
TRANSMITTED BY: Don Melons
DATE: December 26, 1997 FOR PUBLIC HEARING BY THE DEVELOPMENT CODE ADJUSTMENT BOARD
VR9812 TRANSMITTAL.doc
VR#98-12
CITY OF CLEARWATER
VARIANCE TRANSMITTAL
TRANSMIT T0: Mike Gust, Traffic Engineering
Cynthia Goudeau, City Clerk (Original) Vic Chodora, Building Official
Leslie Dougall-Sides, Asst., City Attorney Tom Miller, Environmental
Stephen Doherty, Central Permitting Supervisor Lead Planner
Earl Dussault, Steve Sarnoff, Don Melone; Zoning Review
MEETING DATE: January 22, 1998
AGENDA ITEM: 6
CASE #t: VR 98-12
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Pablo'slMe Mexican Restaurant /pHo sh Ghovaee
with Northside Engineering Services, Inc.
LEGAL DESCRIPTION:
ADDRESS:
LOCATION:
AREA:
EXISTING/PROPOSED
PROPOSED ZONING
Section 20-29-16, M & B 32.04
18717 U.S. 19 North (proposed)
N.E. corner Nursery Road and U.S. 19 North
2.01 acres m.o.l.
USE: Vacant / Restaurant
CH (Highway Commercial)
vAniAlurF AMIMST
TYPE OF VARIANCE > .. REQUEST/ VARIANCE
REQUIREMEN;lCpDE CITATION PROPOSED NEEDED
Maximum 25 percent additional Maximum of 25 percent additional 141 paved 55 paved
paved parking spaces paved parking spaces allowed / parking parking
42.34(5)(b)l.* spaces spaces
* 1 narking space / 100 sq. ft. (6863 sq. ft.) + 25 percent = 86 total paved parking spaces
NEWSPAPER AD: Orangeland Vistas Inc / Proposed Don Pablo's Mexican Restaurant, a variance
of 55 paved parking space to allow 141 paved parking spaces where 86 parking spaces are allowed
to be paved, 18717 U.S. 19 North (proposed address), Section 20-29-16, M & B 32.04, zoned CH
(Highway Commercial). VR 98-12
SURROUNDING LAND USES (Please refer to attached map for surrounding zoning districts):
North: Restaurant/Retail East: Mobil Home Park
South: Restaurant West: Retail
Other Board Actions Required: NONE
TRANSMITTED BY: Don Melone
DATE: December 26, 1997 FOR PUBLIC HEARING BY THE DEVELOPMENT CODE ADJUSTMENT BOARD
VR9812 TRANSMITTAL.doc
CITY OFFICIALS WISHING TO COMMENT MAY DO SO IN THE SPACE PROVIDED BELOW
(COMMENTS SHOULD BE RETURNED TO ZONING AT LEAST FIFTEEN DAYS PRIOR TO THE
SCHEDULED PUBLIC HEARING).
Jan-16-98 04:24P FOOT 07 OPERATIONS 813 975 6278 5716278 P.01
FAX TRANSMISSION
FDOT, DISTRICT SEVEN
i i 20 I Nc>Rri1 MCKmLvy DAM!
TAMPA. Fv)RIOA 3361 2
a 1 3.975-6263 e00-c^26-7220
Fax. a 1 3-975 6279
To: Housh Gavahee.-Northside Date:
Engineering Services
Fax H: 81 725-3782 page
From: )uc h . ti?h
subject: Don tab)o' 1 Mexican Kitchen project
COMMENTS
January 16; 1998
1, including this cover sheet.
I have reviewed this site plan. I offer the following comments for your consideration with regard
to access management issues..
1. An access connection located on US 19 would not meet the spacing requirement of
66n feet for Access Class 3 roadways. Therelbre. a driveway connection would not be
considered.
2. There is an ingress/eeress easement on the south side of US 19 for the purpose of
access to US 19 to the site.
3. A driveway internal to the site at the casement should be located as far back from the
intersection of 1JS 19 as possible.
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Cay ATToRNEY's OFFICE
CITY OF C LEARWATE R
POST OFFICE BOX 4748, CIEAn-ATER, Fwlum 33758-4748
CrTy H.W., 112 $OLTH OSCEOLA AVENUE, C1Ekn'ATER, FLORIDA 33756
TELEPHONE (813) 562-4010 FAx (813) 5624021
February 9, 1998
James W. York, Deputy Chief Judge
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Re: Development Code Adjustment Board Appeal
V 98-12 Orangeland Vistas, Inc.
Dear Judge York:
Enclosed are two copies of the following file papers, together with one verbatim cassette
recording of the proceedings, in the above case before the Development Code Adjustment Board,
whose decision is being appealed by Bay Aristocrat Village, Inc.
1. Notice of Appeal dated February 5, 1998, from Lynn V. Cravey, Esquire,
representative of Bay Aristocrat Village, Inc., appellant
2. Public Hearing Notice dated January 10, 1998.
3. Excerpt from January 22, 1998, Development Code Adjustment Board Minutes.
4. Variance application, supporting materials, map, staff report and staff comments.
Please add the City Clerk's Office, P. O. Box 4748, Clearwater, Florida 33758 to
your mailing list as the City Clerk requires a minimum of two weeks' notice in order to advertise the
public hearing.
n
0
c
W rn
to
'D
40 r n
"EQUAL EMPLOYMENT AND AFFiFu-%T1vE ACTION EMPLOYER" cn
q
011
James W. York, Deputy Chief Judge
February 9, 1998
Page 2
For the convenience of the parties and witnesses, please schedule the hearing in
Clearwater, you may contact this office at the above number regarding available hearing locations.
Please advise the parties as soon as an Administrative Law Judge is assigned to this case.
Sincerely,
Leslie K. Dougall Side
Assistant City Attorney
LDS:mm
Enclosures
Copies:
City Clerk
Lynn V. Cravey, Esquire, representative of appellant Orangeland Vistas, Inc.
Jeff Kronschnabl, Interim Central Permitting Director
Jg?CAL°` ?C'
0 '
HARBORMASTER
March 4, 1998
CITY OF C LEARWATE R
CLEARWATER MUNICIPAL. MARINA, 25 CAUSEWAY BOULEVARD, CLEARWATER, FLORIDA 33767
TELEPHONE (813) 462-6954 FAx (813) 462-6957
Mr. lain McGhie
,The- Higffind Springs Motel_&-Marina
401 East Shore Drive L
Clearwater Beach, FL 33767
Dear lain:
Your proposal to use the Pier 60 parking lot for the required parking with 14 additional live
aboards, commercial venture or 22 live aboards or 22 commercial slips was reviewed with the
Central Permitting and Engineering Departments.
For the marina expansion of live aboards or commercial vessels, you will need to submit a
conditional use request to the Planning and Zoning Board. With the information provided, city
staff will more than likely recommend denial based upon the perception that this would be
intensification of use on an already over-intensely developed property. Should the Planning and
Zoning Board choose to over ride the city staff denial recommendation and approve, you will
then need to get a parking variance from the Code Adjustment Board.
Please ! 11 me at 462-6954 if you have any questions.
S' ce ly,
?? `C 41
illiam C. Held, Jr.
Harbormaster
WCH/wch
cc: Richard Baier, Public Works Administrator
rSteve Doherty, Central Permitting Supervisor
Tracey Bruch, Parking Facility Manager
p TtbT0TT
MAR 5 1998
CITY OF CLEARWATER
0
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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