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VARIANCE NO.: VAC 08435 DATE: Auaust 25,2008 PASCO COUNTY APPLICATION FOR VARIANCE DEVELOPMENT REVIEW COMMITTEE VARIANCE BOARD The undersigned owner@) of the following legally described property have formally requested consideration of a variance in accordance with the provisions of the Florida Statutes and the Pasco County LDC, Section 316. It shall be the responsibility of the petitioner, or herkis legal agent of record, to provide all information required below or any other informationwhich is reasonable and relevant to the formulation of a recommendation to the adjustment being considered, No application for review shall be deemed complete until all required information is provided. 1. Project Name: Sunset Hills (&a Casa Bonita) 2. Project No. (from DRD): SOU 06-100 3. Name of Owner: Tampa Bay Communitv Development Corporation Mailing Address: 2139 N.E. Coachman Road City: Clearwater State: Florida Zip Code: 33765 Telephone Number: 727-442-7075 Fax Number: 727-446-8727 E-Mail Address: [email protected] 4. Name of Developer: Tampa Bav Communitv Develo~rnent Corporation Mailing Address: 2139 N.E. Coachman Road City: Clearwater State: Florida Zip Code: 33765 Telephone Number: 727-442-7075 Fax Number: 727-446-8727 E-Mail Address: [email protected] 5. Name of Agent, if applicable: Mailing Address: City: State: Zip Code: Telephone Number: Fax Number: E-Mail Address: (Attach completed Agent of Record) Locational Description: West side of Power Line Rd. .3 Mi. north of Blanton Rd.. opposite Patchoosa Ave., Parcel IdentificationNumber: 21-24-21-0000-02000-0000 Section21, TownshipaSouth , RangeaEast, S u b , Block , Lot Present Zoning District: R-4

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VARIANCE NO.: VAC 08435

DATE: Auaust 25,2008

PASCO COUNTY

APPLICATION FOR VARIANCE

DEVELOPMENT REVIEW COMMITTEE

VARIANCE BOARD

The undersigned owner@) of the following legally described property have formally requested consideration of a variance in accordance with the provisions of the Florida Statutes and the Pasco County LDC, Section 316.

It shall be the responsibility of the petitioner, or herkis legal agent of record, to provide all information required below or any other information which is reasonable and relevant to the formulation of a recommendation to the adjustment being considered, No application for review shall be deemed complete until all required information is provided.

1. Project Name: Sunset Hills (&a Casa Bonita)

2. Project No. (from DRD): SOU 06-100

3. Name of Owner: Tampa Bay Communitv Development Corporation

Mailing Address: 2139 N.E. Coachman Road

City: Clearwater State: Florida Zip Code: 33765 Telephone Number: 727-442-7075 Fax Number: 727-446-8727

E-Mail Address: [email protected]

4. Name of Developer: Tampa Bav Communitv Develo~rnent Corporation

Mailing Address: 2139 N.E. Coachman Road

City: Clearwater State: Florida Zip Code: 33765 Telephone Number: 727-442-7075 Fax Number: 727-446-8727

E-Mail Address: [email protected]

5. Name of Agent, if applicable:

Mailing Address:

City: State: Zip Code:

Telephone Number: Fax Number:

E-Mail Address:

(Attach completed Agent of Record)

Locational Description: West side of Power Line Rd. .3 Mi. north of Blanton Rd.. opposite Patchoosa Ave.,

Parcel Identification Number: 21-24-21-0000-02000-0000

Section21, TownshipaSouth , RangeaEast, S u b , Block , Lot

Present Zoning District: R-4

REASONS FOR REQUEST FOR VARIANCE: Using a separate application for each request, please answer the following. If additional space is needed, attach extra pages to the application.

1. State the specific section of the LDC for which the variance is requested: Section 602.7

2. Describe the variance requested: Section 602.7.C.2 of the LDC. reauires replacement of removed trees 10 inches dbh or larqer, inch for inch. Applicant requests relief from this reauirement. Applicant requests to Dav into the Tree Mitisation Fund as per Section 602-7.6.9.

3. Demonstrate compliance with one or more of the following:

a The strict application of the land development regulation creates an unreasonable or unfair non-economic hardship, or an inordinate burden that was not created by the variance applicant. Site has an extraordinarilv hiah density of existina trees. It is not feasible or reasonable to plant the required replacement inches due to the lot sizes within the p ro~osed develo~ment and the amount of qreen space available for the required replacement trees.

b. The specific application of the land development regulation conflicts with an important Goal, Objective, or Policy of the Comprehensive Plan, or with the intent and purpose of another recently adopted land development regulation that serves a greater public purpose.

c. The granting of the variance will provide a net economic benefit to the taxpayers of Pasco County and is not in conflict with important Goals, Objectives, and Policies of the Comprehensive Plan.

d. The granting of the variance is necessary to achieve an innovative site or bliilding design that furthers the Goals. Objectiies, and Policies of the Comprehensive Plan.

e. The intent and purpose of the land development regulation and related land development regulations and Comprehensive Plan provisions is met or exceeded through an improved or alternate technology or design.

f. The granting of the variance is necessary to protect the public health, safety or welfare.

9. The variance is necessary to comply with State or Federal law.

h. The variance satisfies variance criteria set forth in the specific County land development regulation that is the basis for the variance request.

4. All variance applications that affect site conditions shall be accompanied by site plans depicting the site conditions with the granting of the variance and without the granting of the variance. Conceptual site plans may be allowed if approved by the Division Engineer (DRD) or Development Director.

ADDITIONAL ITEMS REQUIRED FOR VARIANCE:

1. Two signed and sealed legal descriptions and sketches to be supplied at time of application.

2. Copy of Warranty Deed d

3. Copy of Last Year's Tax Bill I/

4. Notarized Agent of Record Letter (if applicable)

5. Is this application the result of a Notice of Violation? If so, please attach a copy of the notice.

6. Application Fee: $800.00 (each variance request).

I certify that all the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my knowledge and belief.

r'. n Sunset Hills

Tree Summary Table

Existing Tree-Summary

Existing Live Oaks 10,3 57 inches -

Existing Other Species 230 inches Total Existing 10,587 inches

Trees to be Removed-Summary

Live Oaks Removed 6,107 Inches Other Species Removed 16 Inches Total Removed 6,123 inches

Trees to be Replaced-Summary

Lots 2-3" Trees per lot 23 (>6000 s.f.) lots X 4 Trees X 3" dbh 276 inches 41 06000 s.f.) lots X 2 Trees X 3" dbh 246 inches

Inches to be replaced on lots 522 inches

Buffers Retention Pond 1,538 LF . 30 Trees (3") Type A Buffer 11,977 LF 55 Trees (3") Type B Buffer 344 LF 1 0 Trees (3 ") Type D Buffer 438 LF 1 5 Trees (3 ")

1 10 Trees (3")

Inches to be replaced in Buffer- 330 inches

Total Lot and Buffer Inches to be Replaced 852 inches

Tree Replacement Summary* Live Oak trees are on a one inch replacement for each inch removed basis: 6,107 inches removed=6,107 inches to be replaced

Other tree species are at a ration of one inch replacement for each 3 inches removed basis: 16 Inches removed=6 inches to be replaced

Grand total of new replacement trees: 6,107 + 6 = 6,113 inches to be replaced

Lot and Buffer inches replaced: 852 inches replaced

Total Inches NOT replaced (per requested variance)= 6,113 -852 5,261 Inches

*based on field inventory by an ISA Certified Arborist

SUNSET HILLS SUBDIVISION REQUEST FOR TREE REPLACEMENT VARIANCE

EXECUTIVE SUMMARY

Sunset Hills is a Pasco County DRC-Approved 64 lot subdivision located at the intersection of

Powerline Road and Patchoosa Avenue. Sunset Hills is a Pasco County "affordable housing" project.

Tampa Bay Community Development Corporation (the Developer) is applying for a variance under

Section 602 of the Pasco LDC in order to pay into the Tree Mitigation Fund for existing trees removed

during development rather than replant an equivalent number of inches on site. The site in its

present condition is heavily treed with over 10,587 inches (predominantly of the Live Oak species)

currently existing on site. In order to construct the project, the developer will have to remove 6,123 of

those inches. There is only room in the buffer and retention pond areas to replace 330 of those

inches. The lots are quite small, being only 60' X loo' (see the attached site plans). Under the

current tree replacement standard, the developer would be required to make up the remaining 5,800

inches of replacement on the lots. There is simply not enough room on 64- 60' X loo' lots to build a

house and driveway and make up what would be 5800 inches of tree replacement (see the attached 8

1/2 X 14 photocopies). Attempting to make up that amount of replacement inches on the lots would

equate to 30 -3" trees per lot, an unattainable number. Therefore, the developer is requesting a

variance to be able to plant the buffer and retention pond landscaping as approved in the DRC

approved plans, plant 2-3" Oaks on each lot, and pay into the Tree Mitigation Fund for the remaining

5,399 inches as shown on the attached Tree Summary Table.

324 S. Falkenburg Road Tampa. Florida 33619 Phone: 813.661.4333 Fax: 813.661.4344

rn n 6. Are &e conditions of hardship for .lich you request a Variance true only c- ,our property? Unknown. If not, how many other properties are similarly affected? Anv other proper@ with similarly high densitv of trees would be similarly affected.

ADDITIONAL ITEMS REQUmED FOR VARIANCE

1. Two signed and sealed legal descriptions and sketches to be supplied at the time of application. k 2. Copy of Warranty D e e d . 5 3. Copy of Last Years Tax bill.^ 4. Notarized Agent of Record Letter (if applicable).- 5. Is this Application the result of a Notice of Violation? NO If so, please attach a copy of the notice. 6. Four (4) Copies of the site plan drawn to scale showing dimensions and shape of the lot, the size and

location of existing buildings, the locations and dimensions of proposed buildings or alterations, and any natural or topographic peculiarities of the lot in question. This plan should be clearly drawn and demonstrated the purpose of the variance request.

7. Two 8 ?4 X 14 photocopies: one showing the site without the variance and one showing the site with the variance.

8. Variance Fee. Check made payable to: Pasco County Board of County Commissioners.

The petitioner acknowledges that all variances are adjustments which allow minor changes of the Land Development Code requirements. All sites approved for variance are subject to site preliminary plan review in compliance with the Land Development Code.

I certify that all the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my knowledge and belief.

I consent to the entry in or upon the premises described in this application by any authorized official of Pasco County for the purpose of posting, maintaining, and removing such notices as may be required by law.

DATE: 8- z<-0 %

APPLICANT'S SIGNATURE:

APPLICANT'S REPRESENTATIVE:

ADDRESS: 2 139 NE Coachman Road

CITY, STATE, ZIP CODE: Clearwater, FL 33765

AFFIDAVIT

STATE OF FLORIDA )

COUNTY OF PASCO )

BEFORE ME, the undersigned personally appeared,

Gregory E. Schwartz,

who being by me first duly sworn, under oath, deposes and states as follows:

1. That he filed a variance application on property (Parcel ID NO. 2 1 -24-2 1 - 0000-02000-0000) in the unincorporated area of Pasco County, which, if approved, would allow the developer(s) to:

pav into the Tree Mitigation Fund pursuant to Pasco County LDC Section 602.7.B.9 rather than replacing trees removed during development on site.

2. That I hereby acknowledge that the variance, if approved, shall not: a. Constitute authorization to begin construction. b. Exempt the project from certification of level of service compliance. c. Obligate the County to provide additional services and facilities.

FURTHER AFFIANT SAYETH NOT:

Affiant

SWORN to and subscribed before me this & q a y of h j ~ t 2 0 0 8 .

wate of Florida at Large

My commission expires: