SIDEWALK WAIVER DENIAL (13)
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POST OFFICE BOX 4748
CLEARWATER. FLORIDA 33518
CITY MANAGER
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RECEIVEQ'4~'
December 4, 1984
DEe 11 1984
. CIT-'l CLERKt
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MPO Investments
1405 Cleveland Street
Clearwater, Florida 33515
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Reference: Lots 63, 64, 65, 66, 67 and 68 - Drew Park Subdivision
800 Drew Street
Gentlemen:
Your request for a sidewalk waiver for Fern Avenue has been carefully reviewed,
Section 133,Q9(e) (1) of .the City of Clearwater Code of Ordinances specifically
states under what conditions a sidewalk requirement may receive a temporary
waiver. These conditions are:
1, Natural topographical conditions peculiar to the ~remises prevent the
construction of a sidewalk.
2. The sidewalk in question would be the only one within 200 feet.
3. The sidewalk will not form part of a school route.
4. The sidewalk will not form part of a public park route,
5, The absence of a sidewalk will not create a pedestrian hazard.
Of the conditions, only number one stands alone; the others must all exist
simultaneously. There is a sidewalk within 200 feet of the subject property
and there are no natural topographical conditions which would preclude the
construction of this sidewalk.
In your application, you state that Fern Avenue is a substandard street paved
to your property line. Although Fern Avenue may not be paved as you would like
to see it, it is a 40-foot right-of-way and not considered substandard for the
purposes of the sidewalk waiver section of the Code. On-site investigation
indicates that the entire street is not paved to the property line and portions
of the existing pavement may be used as the required sidewalk. Accordingly, I
must denyi'.your request for a temporary waiver of a sidewalk abutting your property
at Fern Avenue.
(Page 1 of 2)
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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December 4, 1984
MPO Investments
You may appeal my decision to the City Commission if you wish, The City Commis-
sion must determine that conditions exist in conformance with the subsection
outlined above and you must receive an affirmative vote of four Commissioners.
If you wish to appeal, you must file within ten (10) days following receipt of
this letter. The appeal must "be limited to the question relating to whether or
not any of the conditions descr.loed in subsection (e) (1) exist such as would
prevent installation of the sidewalk."
I take this opportunity to inform you of a decision made regarding the sidewalk
on Myrtle Avenue. A portion of that sidewalk is four feet wide rather than the
required five feet necessary for this type of road. However, it appears more
appropriate for the City to allow the four-feet sections to remain rather than
require you to replace to the five-foot width.
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Ant ony . Soemaker
City Mager
cc: Elizabeth S. Haeseker, Assistant City Manager
Edward V. Bethel, Director of Building Inspections Dept.
Keith Crawford, Traffic Engineering Director
/Lucille Williams, City Clerk
(Page 2 of 2)
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I CITY OF CLEARWATER
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Fee - $ J)5.DO
Date Paid /O(3f /gt.l
Receipt No. p;q-lo-Cor7
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APPLICATION FOR SIDEWALK WAIVER
ADDRESS (Sidewalk Location)
800 Drew Street
LEGAL DESCRIPTION (Sidewalk Location) (Lot, Block, Subdivision)
Lots 63, 64, 65, 66, 67 &68, Drew Park
OWNER'S NAME MPO Investments
PHONE 461-0030
ADDRESS 1405 Cleveland Street
Clearwater, Florida
RePRESENTATIVE (If any)
ADDRESS
REASON FOR REQUEST
The s~dewalk we would like waived would run on the
east side of our property on Fe~n Avenue between Drew Street and Jones
Street. Fern Avenue is a sub-standard street which is paved to the
property line on our property. We do not believe there is room for a
sidewalk in the right-of-way, and there is a sidewalk parallel to the
property 36' to the west on Myrtle Avenue.
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
install sidewalks at a future date and assess the owner for the full cost of
said sidewalks.
Jay Myers
October 30, 1984
MPO Investment
OWner
tive
Date
subscxf~~d~and_sworn to before me this 30 day of
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CITY bF CLEARWATER
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Interdepartment Correspondence Sheet
TO:
Elizabeth Haeseker, Asst. City Manager
Keith Crawford, Traffic Engineering Director
Ed Bethel, Building Director
NOV 28198"
FROM:
COPIES:
SUBJECT: Sidewalk Waiver - 800 Drew Street
DATE: November 28, 1984
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A building for Myers, Pliska, Ott Partnership is being built on the block surrounded
by Myrtle Avenue, Jones Street, JM1te Avenue and Drew Street.. Sidewalks exist on Drew
and Myrtle and a sidewalk is planned for Jones Street. The owners have requested
that the sidewalk on ~ Avenue be waived.
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The renovation of this building is extensive enough to constitute new construction.
This would require five foot sidewalks on Drew Street and Myrtle Avenue. Part of
the sidewalk on Myrtle Avenue is only four feet wide.but rather than have it
replaced; should be considered to be acceptable. A four foot sidewalk is proposed
for Jones Street. This sidewalk constructed on~ Avenue would connect to a
s i dewa 1 k on Drew Street and Jones Street . Fc.w-,
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A waiver of the sidewalk requirement may be granted by the City Manager when the
topography prohibits the installation of the sidewalk or when the sidewalk would be
the only one within two hundred feet of the property on the streets which the
property abuts, the sidewalk would. not form part of a route leading to a school or
public park, and the absence of a sidewalk would not create a pedestrian hazard. It
is my interpretation that since this sidewalk connects to an existing sidewalk on a
street which abuts the property that there is not a condition provided in the
ordinance to permit granting of the waiver.
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Att: Orig. Application