06/20/1986
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
@ ASSOCIATES; LTD. ; )
BELLEAIR
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petitioner; )
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vs. ) CASE NO. 86-1473
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CITY OF CLEARWATER; )
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Respondent. )
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FINAL ORDER
A final hearing was hel~ in this case on June 20; 1986;
in Clearwater; Florida; before Donald D. Conn; a duly designated
Hearing Officer of the Division of Administrative Hearings. The
parties were represented as follows~
petitioner:
Rhea F. Law; Esquire
501 East Kennedy Boulevard
Tampa; Florida 33602
Respondent:
Miles Lance; Assistant City Attorn~y
Post Office Box 4748
Clearwater; Florida 33518
Belleair Associates; Ltd.; Petitioner; has applied for a
variance from the provisions of the city of Clearwater Land
Development Code governing signs. At the hearing; Petitioner
called two witnesses and introduced one exhibit; and the City of
Clearwater; Respondent; called one witness and introduced two
exhibits. No transcript of the hearing has been filed.'
The parties were allowed to submit posthearing proposed
findings of fact and conclusions of law; and a ruling on each
timely filed proposed finding is included in the Appendix to this
Final Order.
FINDINGS OF FACT
1. The City of Clearwater Land Development Code; as it
applies to this case; was adopted and took effect on August 29;
1985.
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2. Petitioner owns and manages Belleair Cove Shopping'
~enter located at 1451 u.s. 19 South; in the City of Clearwater.
In'mid~October; 1985; Petitioner replaced a panel in the shopping
center's pole sign to identify a new tenant; Broyhill Furniture
/ Rentals; at a cost of approximately $2500.
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3. Date of installation or erection.
4. Initial capital investment.
s. Life expectancy of the investment.
6. Investment realization to date.
7. Cost to alter or remove the sign.
B. Salvage value.
Granting this variance will have no adverse cosmetic
effects on the property in question; will be consistent with
lease provisions; and will recognize that a pole sign erected. in
December; 1983; has many years of expected useful life remaining.
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It will also recognize that pole signs that cannot be updated as
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tenants move in and out of a shopping center on a fairly regular
basis will have to be replaced in a period of time mu~h shorter
than the seven year period prescribed in Section 134.0l5(c) which
would make this seven year period virtually meaningless regarding
paneled pole signs. Chapter 134 should be interpreted and
applied in a manner which will give meaning to its requirements
and not render provisions meaningless which have been included by
Respondent to specifically address non-conforming uses.
Granting of this variance will also be consistent with
the purpose and intent of Chapter 134; as set forth above.
Updating the panels on a pole sign enables business
identification and the communication of information necessary to
conduct business; avoids confusion and thereby enhances the
economic well-being of the city. Since Petitioner has not
4:t changed either the size or height of its sign; but simply
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replaced one panel; a variance will not increase the size or
number of signs; or in any way change the relationship of the
size of Petitioner'~ sign to the size of its shopping center. If
Petitioner is denied this variance and does not remove its sign
until October; 1992; its pole sign will become incorrect and
meanin9less~ If this were to occur at shopping centers with
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; similar signs throughout the city; the desirability of the
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Filed with the Clerk of tho
Division~f Administrative Hearings
this f'5''J::-- day of July; 1986. .
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'Copies furnished =
'Rhea F. Law; , Esquire
. ,50l,East Kennedy Boulevard
Tampa; Florida . 33602
Miles Lance; Assistant City Attorney
Post:Office Box 4748
Clearwater; Florida 33518
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.Cynthia Goudeau; City Clerk
Post Office Box 4748
Clearwater; Florida 33518
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