05/20/1992 (2)
, ", . _..._~_,,,,_..._......_.. 0 '~'. ' " .' ... ~ .,' , 0,
" "
.. .
. ';. ,
. .
.<
. I'.. 'I, <, I ,. "'. '_,..,. ..;_ c
, .
. c <.. ~ . ... I
. .HEARING
OFFICER
APPEALS
Date
. HaroltL S. WL'/son (Ex-tJI I(;A-~ )
~~Y['-l
,'. : .'~.. .. . .'. .~, J , , ~ ,.~ . II, ,'.,1,. ,. .". " . "1 '.. ' . . .<. ,.,,' l ',,' ',:. I, 'tr "\~J: ,.' " JI I \
'. ~....._...........:..,. ": ',.{ '. ".\\. "'''-':2~ "'" ': .~~. ,., "~I" \~','""u,". .,',' .~.~,'" .' '.'.....
.' ;.' , ,.... .... ;.,'. ," "..: " ,.... .'I~:'.' " .<.. :..' '.,-,:],'., ".,..., . .':. :',' .'~,
.. \.,. '~, . - I. '" ,. .
. , ,1 : IIIIIIIIIIIIII' " I' I 1 , ' I . ,I , .' ,1 ~ .
. ..
, I ,,",' .',' .._~_..._~......____~~_... "... .' '. ,I . . I' . . " ,"
.'
~ . + . , c .' >.' # ..
PUBLIC HEARING BEFORE A HEARING OFFICER
'1
May 20, 1992
Harold S. Wilson vs. city of Clearwater
Hearing Officer:
Also Present:
James E. Bradwell
Issue:
M. A. Galbraith, Jr., Esquire, City Attorney
Sandra Glathorn, Senior Planner
Camille Motley, Central Records Specialist
Harold S. Wilson, trustee (Exoticar) to permit
(1) outdoor retail sales, displays, and/or
storage; and (2) wholesaling/distributing as
18514 U.8. 19N, 8ec-19-29-16, M&B 44.04,
44.041, zoned CH (highway commercial).
CU 92-11.
Appearances:
Harold S. Wilson, Trustee (Exoticar)
Leonard McCue, Owner of adjacent property
Exhibits Submitted: 1.
Notice of Appeal dated February 6, 1992,
signed by Harold s. Wilson
<)
2.
Notice of Public Hearing of February 4,
1992.
3. Excerpt of draft minutes of the Planning
and zoning Board of February 4, 1992.
4. Conditional Use Application.
5. Conditional Use Transmittal.
6. Conditional Use Request map.
7.
Planning and
recommendation.
Development
staff's
8. Letter of objection dated February 3,
1992, from the Board of Governors of
LeCher Professional Center.
u
9. Internal Planning Department memo re:
objection of Frank Kunnen.
10. Letter from city Attorney, dated February
12, 1992, transmitting items 1 through 9.
11. Cassette tape sent by petitioner to
MINHOSA.92
1
: " ._., ""::/",:::J:,,",'L,~::'~:~<_"'':''\i,'',
,,' , , ......,.\ .....~ .J ..". t,. L' ;. .'\, ',,".'
::.; .'" ,:: . '~"" ".. ........ :,'.::::~.~' ,. ..,........,'. .'..,.........: .=,.. ". '.. " ': ' ".
.' ...' ... . -L. _ ..._._..____~,-.........l .. .' , ' '. (.'. .' .' . . .' t . .' .
,
,.
,
")
hearing officar prior to hearing.
Opening statements were taken by James E. Bradwell.
Mr. Galbraith introduced Sandra Glathorn, Senior Planner, whom he
indicated would represent the city's Planning and Zoning Board and
. was prepared to discuss parking space requirements and availability
and sign code problems.
Additional exhibits were accepted by the hearing officer.
A. Excerpt from the Land Development Code
setting forth the permitted uses and
conditional uses within a highway
commercial district.
B. Excerpt from the city's Land Development
Code concerning use standards.
c.
Excerpt 137.011
Development Code.
D. Aerial map produced by pinellas County in
March 1990 which shows the location of
the building and general area.
from
city's
Land
'8
E.
Aerial map of SE corner of US 19 and
Nursery Road showing subject building.
F. Aerial map authorized by city.
G. A site plan approved by the city,
prepared or directed by Frank Hunter,
which showed the parking spaces.
H. Photos of present location of Exoticar.
I. Photos of previous place of business of
Exoticar.
J. Aerial map dated April, 1987.
K. Composite of statements from building
tenants and Exoticar employees which
denied allegations set forth in letter of
objection dated February 3, 1992, from
the Board of Governors of LeCher
Professional Center.
o
other exhibits accepted during the hearing by the hearing officer:
1. Mr. Schuford's memorandum with conditions
MINHOSA.92
2
. .. ...... ..., ~.,..~~. ."'..,.....................--~~.
.. .. '~.".~ i...""l ~~..;'. '~.1' .r~.
'I' :;)~.,l:.., f'. ~...,.I.: ~ , .' :!'., ~"" ','~ 1. 'S..' ;", :~.".' .J."... .:.... .:'.: :; . ~;' .':. ,,'.' .... '. ". :'
...""'_' . I' :,~,,','" '\" ".",' .':.'.:.,' ......" 'a~ '. ';"'8:~i.. '\<'~':~I''':'' 'b' " . ,:..'.' :,; ....., .:. d,,:,
, ~ I'" , . I ',' : . ' , '.. .~ . '., > .' . .
, . . ..' . '\ ../ . . . "1\ ' , . .
.. I .' \'. . " " 1\ . ,,,'. ". . ."'" l; .' . \ ~ ' " '.
I .' , """ II ,.,... .' '. _'. ' , ,', " .' -": '. .. . .., . - " .. .
','1:1 : ',. I, '\:. ':. '.........:...._.___~:..._.... :..... '.,' I ~ .' .' ' . 'I,:' ....,
')
,:)
u
Public
attached.
Letter dated May 14, 1992
1.
Mr.wilson gave a detailed history of the property. He submitted
excerpt from the Land Development Code that set forth the permitted
uses and conditional uses within a highway commercial district and
stated that wholesale distributing and outdoor retail sales,
displays and/or storage are among conditional uses. He stated that
Style Auto had been conducting business (wholesaling luxury
automobiles) from this premises for 3 years and Exoticar had been
conducting business (wholesaling luxury cars and, on occasion,
retails vehicles) from an adjacent building for one year. When
Exoticar moved to this facility, an enforcement officer notified
them that a conditional use was required to continue to do
business. Exoticar made application for conditional
wholesale/distributing use and outdoor resales use.
During further discussion, Mr. Wilson denied the nuisance clause
and explained how Exoticar complied with each conditional use but
admitted Exoticar needed to come into compliance with the signage
set forth in 137.011.
Mr. Leonard McCue, owner of adjacent property,
regarding his knowledge of Exoticari present
property; and described the surrounding businesses.
he had no objection to the request.
gave testimony
appearance of
He stated that
Mr. James Ray, owner of Exoticar, explained the nature of
Exoticar's business as being primarily wholesalers that purchases
high-priced or luxury cars. He stated that Exoticar operated more
like a corporate headquarters.
Mr. Ray also commented on the photos which had been submitted as
Exhibits and denied that any of the cars or signs shown in the
photos were from Exoticar. He stated he had' no objection to not
having a for sale sign but would like to have a sign showing what
the year of a car was.
Mr. Galbraith offered a new list of conditions which were accepted
by Mr. Ray with the exception of item 4, which pertained to signs.
Mr. Galbraith indicated that the sign code was not in question at
this hearing.
Mr. Ray agreed to limit the number of cars to five (5) cars (for
sale or delivery) on the property at anyone time. This would not
include the cars belonging to Exoticar's employees and customers.
Mr. Ray also agreed to have transporters load and unload elsewhere. .
Mr. Wilson concluded the appellants case.
Mr. Galbraith called Ms. Glatthorn who explained the procedures
MINH05A.92
3
. ~'" " , . "it ....... '.'. !-..,. ,~ ..c.......... H .
. ... .
,~.'" .. {~~:.." ., ,j:.....
:,',;, , :1:> ::;:': " ", ':(" : ',':.' "":':', ":','....,.. ,::;: ,I '....;,:, :,', :,:':::' / ':;:::'!":"""<" ':;""":',., " :"':.:' .:::~;' <:.,:.. :: ,':,':... ":,~ ,'" ':.. ,', " :'"," I. .':"':" \',':."':
"1'._.'...."..:..'."""""""'...'."."'....' "
:..:,>': ',,' ,n,,,,, "',: " '.'. ,."': :':",', ',', ':: ..:" , '.'1' ":"~:J:" ."';::1 ,','.', : :.-,' : \ \ ;...,'" :.' ;',.. " : ":' , " -:, ,','
:.;;....~'.: ',:,,:'.. ""::.',,' :'>, . :',;'~':',',,;:"':" ;:>':'~:': .'?.'::::;,',."c ,'"":.'. .:C'....".': . ,i~.:' ,::(';,'::'".,.,,:.>', :,;,::': ';' ,<:.',,' .... ....:: ,,:,',.',: '>,:',",' -::,
',' I' .'. ' . ....~_.:.........__.............._.. ~...."'. '. ~." '. . :"~ '.' \\' I I. ;
t'
)
carried out by the Planning staff in evaluating this application
for conditional use. staff determined that six (6) spaces for
outdoor auto sales was required. If the office space was accessory
to. this business, there would be no additional requirement.
Mr. Galbraith entered city's Exhibit 1, the list of conditions that
were attached to Mr. Schuford's memorandum.
Ms. Glatthorn explained the site plan was not a certified site plan
and was not required to go through a formal site plan review
process. Ms. Glatthorn stated the current parking regulations were
adopted in october of 1985.
Mr. Kunnen, the builder of the building, explained that all parking
was not shared by all tenants in complex; each business had a
particular number of spaces. In the past, an informal agreement
had been in existence which allowed customers to park wherever they
could find a space. He submitted a letter dated May 14th, Public
Exhibit 1.
Mr. Kunnen responded to questioning by Mr. Wilson about the history
of the property and the agreement entered into on June, 1987 as to
the use and maintenance of other business in the complex at that
time.
----..
.-J
Mr. Wilson objected to all hearsay evidence being discussed.
Mr. Edward smith, a tenant of the property, gave testimony and
offered a photo of the property into evidence which was accepted by
the hearing officer in rebuttal of previous testimony as public
Exhibit 2.
Mr. Wilson objected to the testimony being given.
Mr. Wilson continued to question Mr. smith about photos previously
accepted as evidence and the previous tenant of the property.
Mr. Lou Howell, owner of building number two as of January 29,
1992, gave testimony concerning the parking requirements and how
the rental of his property is affected.
Andrew Salzman, an attorney representing LeCher Professional Center
offered testimony about the problems concerning mutually shared
ingress and egress of the site; the noise generated by retail
sales; allotted parking areas; and use compatibility as compared
to surrounding uses.
Mr. Salzman also spoke about the maintenance agreement and
uniformity of appearance that was signed in 1987 stating it
referred to not only outside but the inside as well.
u
MINH05A.92
4
','.'<_""';':"'" '," ~,:""i':\,.,;::,<::,,,:~,',,::\~:;::\,::~",;,' ,j ,\,. "";""':.'., ,.:: "
, " "'., "'. '.' '. .~\. >I~"'" ..1,1 . .1,l:II.q.. .' ,I. . .
"':'~"" ",i., '..', '::.>,'.'r. ." ':,..,.;.;:0 ...........:.:.'.;.'.':.:.'.'.:' :.' <.'=",," '.',,>: '. .,.\....".
, . _ i . . . ....... ___I ".'~--:- 'II ................ I.... ',. ~ / .' ~,.", . . ' r .' .'
'c
")
f
carried out by the Planning staff in evaluating this application
for conditional use. staff determined that six (6) spaces for
outdoor auto sales was required. If the office space was accessory
to this business, there would be no additional requirement.
Mr. Galbraith entered city's Exhibit 1, the list of conditions that
were attached to Mr. Schuford's memorandum.
Ms. Glatthorn explained the site plan was not a certified site plan
and was not required to go through a formal site plan review
process. Ms. Glatthorn stated the current parking regulations were
adopted in october of 1985.
Mr. Kunnen, the builder of the building, explained that all parking
was not shared by all tenants in complex; each business had a
particular number of spaces. In the past, an informal agreement
had been in existence which allowed customers to park wherever they
could find a space. He submitted a letter dated May 14th, Public
Exhibit 1.
Mr. Kunnen responded to questioning by Mr. wilson about the history
of the property and the agreement entered into on June, 1987 as to
the use and maintenance of other business in the complex at that
time.
c:)
Mr. wilson objected to all hearsay evidence being discussed.
Mr. Edward Smith, a tenant of the property, gave testimony and
offered a photo of the property into evidence which was accepted by
the hearing officer in rebuttal of previous testimony as Public
Exhibit 2.
Mr. wilson objected to the testimony being given.
Mr. wilson continued to question Mr. Smith about photos previously
accepted as evidence and the previous tenant of the property.
Mr. Lou Howell, owner of building number two as of January 29,
1992, gave testimony concerning the parking requirements and how
the rental of his property is affected.
Andrew Salzman, an attorney representing Lecher Professional Center
offered testimony about the problems concerning mutually shared
ingress and egress of the site; the noise generated by retail
sales; allotted parking areas; and use compatibility as compared
to surrounding uses.
Mr. Salzman also spoke about the maintenance agreement and
uniformity of appearance that was signed in 1987 stating it
referred to not only outside but the inside as well.
0",.:
.' > ~
MINH05A.92
4
, ,:" ,:. ",', .,,;';,,, ,.,.",'; "',:, ",~ ."', ':.',.;' ~ '<.\>, ,:; '.'.' , :,,', >"-:'" I" ',.' ..,'~: :....,:..:::: '.,''', ':: '::' ,:;->: ','::' :'~:,>' ~::'::-:~,~ ',':,: :L'>\',:~,:' ;" ":},>:,:.':' """,:~', <..: .'.'.' :'.' '.,' '. " -: ",' ,~>.'.",' ;','
" _' '", . '." .', ",,' I"~ .,.. "'...." " .....,' ", . I " , '
:. ". :' ; :',,' :,.', " ,': :, ,". ,.': '. " ",'M- '. ';, ;'~E'- ':', I, '; . ,. ,,""~' ;',: 'I;..f "',' , ,: ".'" ,",.' ,
. , . > ~.' ~. . .' ," . . ". ~. . l" , , . , . '. l . ~. J' ',.' I
..' .',,': ,:,,-:, , ".".,,:,.'..,', ,:',:,:. " ',," '::,i;' _. ,":","""",', "" '.':" "',.' ""~",. ""',,, "'''.: :'.,,'L.., ,,~, ',',:, "
. .' .
. '.' -- ---' .--..-. ..~.. . - '.
,'~~'l": :
I~ ~"'t' !;'
It
;:.
I '
. .~
, ;
\',' ; (
"I' , ,
'. ~ ':
"
",,~ C
: ',1, ~ .
t".tl'l~ (', . :'i.t;~':,~":::r,c :.....fI, ~".;~~ :~~ ....~.V\1.\' ":'~~'l'".......;;.:..:~. ~:~,~.. .
"J
~~ ...-.,JL
Closing remarks were made.
'Hearing adjourned at 4 03 p.m..
, "
~ ;
'G'
',' '.c
...." .
',"
"
,I
','
.<.,
"
I
:..o.r.
" .
MINHOSA.'92
5
;,
""'-It.~ flJ;.'P'
. . ~'.. ~
..........- ~..'
. '.w
'~'''''--'t''~~~..\r;;~Iot....II",,,,,~._,#-<o,''''''''''''''~.',
> . -- ~~~t>i'L;,~ ~.f~~~~~r~t'; i:,~,>l~-~: ~f:~(~;~ ,'iJ.:' ,~;:~:~. i~tL~ ii,r :~~:~~~'~i.~:jl~i:.~: ~l:~~~;~~ I};: ::",
.,':.',.:_"" ".,'","',",;:':"';i~ ','13' ....."r'....,..',.........'......
I . , '." . .., C' \ ._. ..' ,'_ . . . " ' I " '.
'.,
~
." :"'"
'.
.~
..... )
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RECEIVED
JUN 2 5 1992
CITY Cl[{~!<
HAROLD 5.~ WILSON (EXOTlCAR), )
)
Petitioner, )
)
vs. ) CASE No. 92-1013-
)
CITY QF CLEARWATER, )
)
Respondent. )
)
FINAL ORDER
~.(~
~
Pursuant to notice, the' Division of' Administrative
Hearings; by' its duly' designated Hearing Officer, James E.
Bradwell,' held a ,formal hearing in this case on May 20, 1992, in
Clearwater, Florida.
APPEARANCES
For Respondent:
Harold S. Wilson, Trustee
(Exoticar)
23BO Drew street, #2
Clearwater, Florida 34625
M. A. Galbraith, Jr., Esquire
City Attorney
city of Clearwate~
Post Office Box 4748
Clearwater, Florida 34618 4748
For :petitioner:
STATEMENT OF THE ISSUES
Whether or not Petitioner's conditional use application
should be approved.
PRELIMINARY STATEMENT
...........4
:'0
On February 4, 1992, the Planning and Zoning Board
(Board) of the city of Clearwater, Florida, held a public hearing
commencing at 1: 30 p.m. i.n the City commission Chambers, city
Hall.' Third Floor, 112 South Osceola Avenue, Clearwater, Florida,
to consider several requests for conditional use, including the
subject application filed by Harold s. Wilson as Trustee
(Exoticar) to permit 1) outdoor retail sales, displays and/or
storage; and 2) wholesaling/distributing at 18514 U.s. 19 North,
Section 19-29-16, M&B 44.04 and 44.041, zoned CH (highway
commercial), conditional use request #92-11.
The Board's professional staff recommended approval of
the conditional use subject to conditions which were acceptable
to Petitioner. During the Board's hearing, additional conditions
were suggested including a recommendation that a trial period be
extended to Petitioner but it was not acted upon by the Board.
The Board voted, by a vote of 3 to 2, to deny the application for
the conditional use as requested. Peti tioner timely appealed
that denial by requesting a formal hearing pursuant to Chapter
120, Florida statutes.
The basis for the appeal is that the conditional use is
permitted by the city of Clearwater's Land Development Code and
the Zoning Code and all standards for approval set forth in the
Code are alleged to have been met.
At the hearing, Petitioner introduced Exhibits A-K,
which were offered and received in evidence at the hearing.
Petitioner, Harold s. Wilson, Leonard McCue and James Mccray, the
owner of Exoticar, appeared and testified in support of the
petition. Respondent presented the testimony of Sandra
2
;1
~
", . ~ ' .. : ~_~_._. .._........:.t....'po r..'. ~ '.' '\. II.,.' " ..
..
. ~'''' ,
)
Glatthorn, senior planner, city of Clearwater, Frank Runner and
Edward smith testified in opposition of the petition.
Also,
Andrew Saltzman, the attorney for Le Cher, also made,a statement
in opposition to the approval of the requested use application.
A transcript of the Board's February 4, 1992 'public hearing was
introduced and received in evidence and was reviewed by the
undersigned in preparation of this order.
Based upon my observation of the witnesses and their
demeanor while testifying, documentary evidence received, and the
entire record compiled herein, the following relevant facts are
found:
FINDINGS OF FACT
1. Petitioner, Harold S . Wilson, is Trustee of the
o property which is situated at 18514 u.s. Highway 19 North in
Clearwater, Florida.
2. The property is in a zoning district designated as
CH and the land use classification is CTF.
The immediate
surrounding land usage to the north is a furniture store, to the
south is a car lot, to the east is a shopping center and to the
west is a complex of office buildings.
3. The subject building where the conditional use
application was filed was erected during 1986. The first tenant
of the building was Styles Auto (Styles). Styles engaged in the
business of wholesaling luxury automobiles from August 1986 to
September 1989.
During June of 1990, Petitioner moved to the
o
3
,_" .' '...:', '.':";:",i',\:':'_\:i""':~'>': .....'::'~': ",~' .::'/\': . .':":: .',
',' , ',' \',.. \,," ", ,~ , :d, .,.;:J.. ,L~", ;3 ", ," ", ' " " , "
'.'. " ': .", j~' , ~:.. .< ....:......:. : . r- .:,' '. :1., ":.'...I'~ I, rn,!. :_~'.. ':.'3..:. '. .' r ':.,:, ...,. ., '(. .,"', ,/-=
.'
subject location and has remained there to the present time. The ~
previous tenant at this site was the "Decorators Guild.lIl
4. As stated, the zoning for the property is highway
commercial (CH).
5. Respondent's staff !conducted a survey of the
property and the requested use and found that the standards were
satisfied and recommended approval of the conditional use with
certain specific conditions set forth hereinafter.
6. A review of the permitted uses and conditional uses
include among them wholesale distributions.
(Petitioner's
Exhibit A.)
7. James T. Ray is the owner of Exoticar. Exoticar is
in the business of wholesaling luxury cars throughout the United
states and abroad and, on occasion, retails vehicles. Typically,
..-.....
Exoticar sells vehicles such as Ferrari, Porsche, Mercedes Benz
and Jaguar.
The cars are usually pre-sold when purchased and
often times the vehicles are never brought to the site in
clearwater, Florida.
On occasion, it is necessary for Exoticar
to have on display from 5 to 10 vehicles at its offices in
Clearwater, Florida.
Petitioner's operation is compatible with
the business operations of the adjoining tenants/owners.
8. The only display sign that Exoticar uses on its
vehicles is one designating the model year and the size of its
signs are less than one square foot.
lThe record is unclear as to whether Petitioner changed offices
during August 1991. In any event, the record is clear that the
building is the same and the zoning and land use classifications
are unchanged. ~
4
" '. ',;'.I'.,,',}I ~...._,_,......_....,....._~~.;. "'" ..... ,".,\ ,:,'. .'. ,',
"
,
,.' I.""r
')
9. The ~former tenant, Styles, did substantially more
retail sales than Exoticar.
Also, Styles sold more retail
vehicles in the medium price range whereas Exoticar typically
sells all up-line priced vehicles.
10. Sandra Glatthorn,
a senior planner with the
o
Planning and Development Department of the city of Clearwater,
presented several proposed conditions in the event that the
Board's' decision was reversed and the application for the
conditional use approved. Those conditions are as follows:
A. The, number of vehicles which may be displayed or
otherwise parked or stored on the property while
pending ,.their sale,' lease, or delivery shall not
exceed five (5) at any time.
B. All vehicles shall be parked on the paved parking
area. No vehicle shall be parked on the grassed or
landscaped area of the property.
C. The handicapped parking space presently being used
for vehicle display shall be relocated to the
satisfaction of the city's traffic engineer, and
shall be properly marked.
D. The applicant's signs shall be brought into
compliance with the city's sign regulations not
later than October 13, 1992.
E. All required permi ts and licensees shall be
obtained within six (6) months following approval
of the application.
o
5
......_.... .... ......\:... ....~::~.'.'.. '/:":".'..' .,0:
','\ '....., " "'~~, 'I~' 8 E,. .'/ "I,.,
. ~ .' '. . I. ..,....' c..... _____', j' ..' ~,~I ~. .' I "'..,.... .'
."
.... n.,
F. No sign on or in a vehicle shall exceed one (1)
, .....-...
1
square foot in size. signs on or in vehicles shall
be limited to one per vehicle.
G. No vehicle shall be unloaded from, or loaded onto,
a vehicle transportation truck or trailer while on
the property.
H. No vehicle shall be waxed, "detailed," or serviced
while on the property. This condition shall not be
construed to prohibit emergency service necessary
to start a vehicle or to tow an inoperative vehicte
from the property.
11. The above proposed conditions were considered by
Respondent's staff and are acceptable to Petitioner.
12. Petitioner does not prepare, wax,
or detail
vehicles at the proposed location. Likewise, Petitioner does not
order transporters to pickup vehicles from the subject location,
although on occasion a transporter will show up at that location.
In those rare instances,
Exoticar's owner,
Ray,
directs
transporters to another alternate location whereby the unloading
or loading of vehicles can be accomplished offsite.
13. The Petitioner has the requisite parking spaces to
comply with the city's parking code.
CONCLUSIONS OF LAW
1 . The
Division of Administrative Hearings has
jurisdiction over the subject matter of and the parties to this
action pursuant to section 120.57(1), Florida statutes.
~mJ
6
conditional use standards.
The Petitioner's conditional use
"
1.. . '"" ".' ..'
~
I
2 . The parties were duly noticed pursuant to Chapter
120, Florida statutes.
3. Included in the permitted and conditional uses
contained in the city of Clearwater's Land Development Code are
appl ication is a permissible use pursuant to Respondent's Land
Development Code, the conditional use standards contained in
section 136.025 and the conditional use standards of the
clearwater Code as set forth in section 137.011.
4. section 137.011 .authorizes the Board to deny a
conditional use application when it makes a finding of a
nuisance. 'The Board has not found that Petitioner's operation
has caused or otherwise creates a nuisance and the requested use
(:) ~omplies with the applicable conditional use standards. Finally,
the requested .conditional use is compatible with the existing
uses in the area, and does not adversely affect the values of the
adjoining property owners.
ORDER
Based on the foregoing Findings of Fact and Conclusions
of Law, it is ORDERED that:
Respondent
grant
Petitioner's
conditional
use
application with the proposed conditions outlined herein in the
Findings of Fact section as a condition of the approval.
(.)
'1
7
II
'." .,,1... . .....
A
DONE and ENTERED this ~ ;::;.-- day of June, 1992, in
Tallahassee, Leon County, Florida.
()
,
AMES E. BRAD LL
Hearing Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904)488-9675
Filed with the Clerk of the
Divisi~~of Administrative Hearings
this ~ day of June, 1992.
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED
TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.
REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE
PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF
A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF
ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING
FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST
DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE
DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE
FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Copies furnished:
HAROLD S WILSON
2380 DREW ST - #2
CLEARWATER FL 34625
M A GALBRAITH JR ESQ
CITY ATTORNEY
PO BOX 4748
CLEARWATER FL 34618 4748
CITY CLERK
CITY OF CLEARWATER
PO BOX 4748
CLEARWATER FL 34618 4748
~ '~
.
8
, . . ~ L
. :. 'L' .' ;~..
, "