SIDEWALK WAIVER GRANTED (292)
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 335 1 B
CITY MANAGER
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March 6, 1986
RECEIVED
MAR II ..
John W. Reitnauer, P.E.
Reitnauer Engineering
6638 12th Terrace N.
St. Petersburg, FL 33710
CITY CLERitRTIFIED MAIL
RETURN RECEIPT REQUESTED
Reference: Dimmitt Cadillac, 2201 U.S. 19 N.
Third Avenue S. Between U.S. 19 and Main St.
Dear Mr. Reitnauer:
In accordance with Section 138.09 of the City of Clearwater's Code of
Ordinances, I have reviewed your request for a temporary sidewalk
installation waiver.
Subsection (e) (1) outlines the specific circumstances nnder which required
sidewalks may be waived. The City's on-site inspection of Third Avenue S.
between U.S. 19 and Main Street has not uncovered any of the waiver require-
ments in the previously referenced subsection. Those requirements are:
1. Natural topographical conditions preclude the construction, or
2. The property owner must have the only sidewalk within two hundred
feet of his property on the streets which the property abuts,
3. ,The sidewalk is not a part of a school route,
4. The sidewalk is not a part of a route to a public park, and
5. The absence of a sidewalk would not create a pedestrian hazard.
Notwithstanding the fact that your site if reviewed in strict accordance with
the law would require a sidewalk, I am hereby granting a temporary waiver in
that the required sidewalk would abut an nnimproved right-of-way and, at this
time, would serve no useful purpose.
"E qual Employment ond Affirmative Action Employer"
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John W. Reitnauer. P.E.
March 6. 1986
Page 2
However. should it be determined that a sidewalk is required at this location
in the future. it will be installed by the assessment process.
truly yours.
cc: Elizabeth S. Haeseker. Assistant City Manager
Edward V. Bethel. Director of Building Inspections Department
Keith Crawford. Traffic Engineering Director
Cynthia Goudeau. City Clerk
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CITY OF CLEARWATER
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Fee - $
Date Paid
Receipt No.
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APPLICATION FOR SIDEWALK WAIVER
ADDRESS (Sidewalk Location) 3120 IN€- .so~~c.u~ u, s/ /1 ANa i/l4-IIJ Sr Gt.vntYSI/JG
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LEGAL DESCRIPTION (Sidewalk LocationJ(Lot, Block, Subdivision)
5001"14- ~t. o~oF 31Zo AvE. 5. 13en-u~ u. 5 I~ 14-.J,() IlJI1-IIVS-r
a,.n mIl r- ~ 1(., c......,q.-c..
OWNER I S NAME
ADDRESS
REPRESENTATIVE
ADDRESS C;" 5
REASON FOR REQUEST
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Section 133.09 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is to have new construction on it,
either for residential, commercial, industrial or other purposes, shall have
sidewalks constructed by the Owner on, across or adjacent thereto.
The Owner understands and agrees that if the waiver is granted, the City may
re date and assess the owner for the full cost of
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Date
Own
Sub
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ribed and sworn to before me this ~ day of ~&g~{/..41?1 -, 196~ .
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My Commission Expires:
1lka- ~, /ftr
1910-62
Rev.6/83
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CITY OF
CLEARWATER
Interdepartment Correspondence Sheet
TO:
Elizabeth Haeseker, Asst. City Man.ageJ:'
FROM:
Keith Crawford., Traffic Engineer~ng Dh>ector~
COPIES:
E. Bethel _, Building Dept. Director
SUBJECT:
Sidewall Waiver for' Dimmitt Cadillac
fEB 19 1986
DATE:
February 14>> 1986
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Dimmitt Cadillac has install.ed:a sidewalk at the front of the property along U.S. 19
and to the rear of the' property' along Main Street. They have requested a waiver for
the sidewalk which Would be located along the' north side of their property in the
right-of-way of Third Avenue~ Sout~, .
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After reviewing this location" on' site ~'the condition~ 'under' which" a. sidewall might}'
be granted .iD accordance with Section 133.09 of 'the City Code>> I bave,fouild the" ,
following: ' . .';:~'rt<
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1. there is not a natural,topographiCal.
installation of the sidewaik;"
2. the absence of the sidewalk would not create a pede~tr>ian hazard since
- the street adjacent to the sidewalk is unopened to JD<;>toX" vehicle traffic;
3. that altho.ugh there is a city park nearby, the sidewalk does noi:' enable a
person to go to the park without traversing across private prol?~ty first;
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4. that there is no sidewalk on Third Avenue, since the entire le.ngtb of
Thiro Avenue is the site of the waiver request.
Section 133.09{e)(1) states that the sidewalk waiver may he g;r>anted "where the property
owner can demonstrate that he would have the only sidewalk .within 200' of his property
on the streets whicb the' property abuts". .It appears that since there is a sidewall at
the east end and the west end of the sidewalk requested to be waived., this condition
cannot be met and a sidewalk is required.,'
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In tbe past some sidewalks ba;'e been' wai;ed and same' have not where the sidewalk
would abut a sidewalk on a perpendicular street if the location of the sidewalk to be
-waived was along an UDopenedstreet. It appears that this sidewalk would serve no
useful purpose and should be a candidate for waiver. However., useful purpose is not
. a condition in 'the ordinance which penn its a" waiver and a strict interpretation of the
ordinance as it is worded indicatestl2ta 'sidewalk must be installed. In the past we
".- have interpreted this section' of the:, orai:r1ance to mean that a sidewall would not need
I to be installed if there were" no sidewalks within 200' along the street where the
/ waiver is be~ re~~steie")lhere indications were that the sidewalk was needed the
more literal application' of this section has been applied.
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It is my recommendation ;;:i::!{:""
Attachment {Original}
hE: granted.