12/31/1981
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STATE, OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
. '1 ~
WILLIAM J. KIMPTON, )
Peti tioner, )
va. ' J ) CASE NO. 81-2682
CITY OF CLEARWATE R, )
Respondent.'c )
o R D E ,R
Pursuant to notice, the Division of Administrative
Hearings, by its duly designated Hearing Officer, K. N. Ayers,
held a public hearing in the above-styled case on 16 December
19B1 at Clearwater, Florida.
APPEARANCES
For Petitioner:
William J. Kimpton, Esquire
487 Mandalay Avenue
Clearwater, Florida 33515
For Responden t:
Frank Kowalski, Esquire
Post Office Box 4748
Clearwater, Florida 33518'
By letter dated October 15, 1981, William J. Kimpton,
petitioner, appeals the decision of the Clearwater Board of
A~justment and Appeal on Zoning denying his request for a
variance to extend the width of his dock by 27.35 feet from
that authorized by the Building and Zoning Regulations.
\i Specifically, Petitioner requested three variances, two of
which were granted by the board, and it is' only on the vari-
ance in dock width that this appeal is concerned. At the,
hearing Petitioner testified in his own behalf, one witness'
,;,was called by Respondent and six exhibits were admitted into
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'evidence, 'plus the 'tapes of ,the October 8, 1981, hearing
to Exhibit 2, on'
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c' ~..~: before, the board~
is now ,sustained.
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4. Zoning regulations are intended to promote the
health, safety, morals, general welfare and quality of life
in the city (Section l3l.003, Building and Zoning Regulations)
and, therefore, are enacted pursuant to the police powers
of the city. Such powers are valid only when necessary to
promote the health, safety and welfare of the citizens.
5. By this application Petitioner ,is seeking a
waiver to construct a dock 52 feet wide extending ten feet
into the water containing 510 square feet. He could obtain
a permit, without requesting a waiver, to construct a dock
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24.65 feet wide extending 48 feet into the water containing
1183 square feet.
6. Since Petitioner is requesting a waiver, the
authority granting the waiver can attach conditions to that
waiver which become an integral part thereof and which remain
so long as any part of the waiver continues. Accordingly, the
conception held by some board members, that they could not
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restrict the distance the dock may extend from the seawall
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if they granted the width the waiver requested is erroneous.
Furthermore, Petitioner indicated repeatedly both at the
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initial hearing and during the appeal, that he would be willing
to accept, as a condition to the granting of the waiver'
requested, that he restrict the distance the dock extends
from the seawall to ten feet.,
7. As the owner of property with riparian rights
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Petitioner has the same rights as other riparian owners
regardless of the zoning of the property. By denying Peti-
tioner the waiver here requested, Petitioner will be denied
rights granted to others similarly situated. Additionally,
Petitioner ha~ ~hown that special conditions and circum-
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:t:~::~>':: '." ,stances exist which are pecuiiar 'to his lot which are not
:;i:~~',i;':: '" applicable to his neighbo:t::s. Further, granting this waiver
m;L,. . :::e:O:;:::~~:::r::~:::::::d~ny special privileges
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