06/30/1992 - 3:00 PM (2)i
HEARING
OFFICER
APP-EA S
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
HEARING SCHEDULED FOR 6130192
3:00 P.M.
CASE NO. 92-1593
HOLIDAY HOUSE RESORT MOTELS, INC., PETITIONER
VS.
MARY G REALTY, INC., AND
CITY OF CLEARWATER
Clearwater Beach Park, Lots 57 through 63 and part of Lot 64
490 Manadalay Avenue
CU 92-15 alcoholic beverage conditional use
NTA Food Center, Inc.
No minutes were prepared. Hearing Officer K. N. Ayers issued an order dismissing the appeal with
prejudice.
L
' J.?
JUL 0 6 ?992 '
t ERk r?EpY
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
HOLIDAY HOUSE RESORT MOTELS, )
INC., )
}
Petitioner, )
VS. ) CASE NO. 92-1593
}
MARY G. REALTY, INC.; )
and CITY OF CLEARWATER, )
}
Respondent. )
}
ORDER
Pursuant to notice, the Division of Administrative
Hearings, by its duly designated Hearing officer, K. N. Ayers,
Afth held a formal hearing in the above--styled case on June 30, 1992,
at Clearwater, Florida.
APPEARANCES
For Petitioner: Not present or represented.
For Respondent: Miles A. Lance, Esquire
Post Office Box 4748
Clearwater, FL 34618-4748
STATEMENT OF THE ISSUES
Whether applicant, Mary G. Realty, Inc., shall be
granted variances in distance separation for a residential area
and another establishment selling alcoholic beverages to allow
sale of alcoholic beverages on premises.
PRELIMINARY STATEMENT
?. By letter dated March 2, 1992, Holiday House Resort
Motels, Inc., appealed the decision of the Planning and zoning
E
i
Board of the City of Clearwater to grant conditional use permit 91
to allow Mary G. Realty, Inc., to sell alcoholic beverages on
premises located on Lots 57 through 63, and part of Lot 64, at
490 Mandalay Avenue, Clearwater, Florida. This case was
scheduled to be heard on June 30, 1992. At the time and place
scheduled for hearing, neither Petitioner nor its representative
appeared. After waiting for approximately 30 minutes the hearing
was called to order and adjourned.
CONCLUSIONS OF LAW
I
r
The Division of Administrative Hearings has
jurisdiction over the parties to, and the subject matter of,
i
these proceedings. Petitioner has the burden of establishing
that the application does not meet code requirements for the
E '
conditional use requested. By failing to present any evidence,
Petitioner has failed to sustain that burden. It is, therefore,
ORDERED that the appeal of Holiday House Resort Motels,
Inc., from the grant of conditional use permit to Mary G. Realty,
Inc., be dismissed with prejudice.
. DONE and ORDERED this 2nd day of July, 1992, in
Tallahassee, Florida.
R. N. AY
Hearing Offi r
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399--1550
(904) 488--9675
Filed with the Clerk of the
Division of Administrative Hearings
this 2nd day of July, 1992.
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Copies furnished to:
George W. Greer, Esquire
600 Cleveland Street
Suite 685
Clearwater, FL 34615
Michael E. Boutzoukas, Esquire
1801 N. Belcher Road
Suite 111
Post Office Box 2731
Dunedin, FL 34697-2731
Clerk0s Office
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
M. A. Galbraith, Jr., Esquire
City Attorney
City of Clearwater
Post Office Box 4748
Clearwater, FL 34618-4748
Case No. 92-1593
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