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Brad A. Galbraith
Brad A. Galbraith
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Bar #494291(FL)     License for 23 years; Member in Good Standing
Naples FL

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07-002239GM  CAROL RUNYAN, ELIZABETH HAWKES, HEIDI SUMNER, LANCE AND MARY LUBIN, DENNIS JONES, MARY JONES, JOSEPH BAKER, GREG STANEK, PATRICIA WALTON, MARGUERITE WOOD, DONALD MOSHER, ROBERTA MOSHER, DORTHY BUCKSHORN, HERMAN WELLS, GERI WELLS, EDITH JANE MOORE, ET AL. vs DEPARTMENT OF COMMUNITY AFFAIRS  (2007)
Division of Administrative Hearings, Florida Filed: May 18, 2007
The issue in this case is whether Ordinance 679-L of the City of St. Petersburg ("City"), which amended the Future Land Use Map (“FLUM”) of the City's Comprehensive Plan on certain property generally located at the northeast corner of 9th Avenue North and 66th Street North within the boundaries of the City (the "Subject Property") from Institutional to Residential Office Retail (R/O/R) land use on 2.98 acres, Residential Office General (R/OG) on 2.98 acres, and Residential Urban (RU) on 12.02 acres (the “Plan Amendment”), is "in compliance" as defined by Section 163.3184(1)(b), Florida Statutes,i notwithstanding Petitioners' contentions that the Plan Amendment is internally inconsistent and not based on data and analysis.Petitioners did not prove beyond fair debate that the City future land use map was internally inconsistent or not based on data and analysis.
97-001109  STANISLAW BUDZINSKI AND KAZIMIERA BUDZINSKI vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1997)
Division of Administrative Hearings, Florida Filed: Mar. 10, 1997
The issue for consideration in this case is whether Petitioners should be granted a permit to erect an awning over an existing deck at Britt's Cafe located at 201 South Gulfview Boulevard, in Clearwater Beach.Petitioner shows that city's denial of variance from setback to install awning over outdoor deck already in place was unjustified and variance should be granted.
92-001011  HAROLD S. WILSON (EXOTICAR) vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1992)
Division of Administrative Hearings, Florida Filed: Feb. 14, 1992
Whether or not Petitioner's conditional use application should be approved.Whether petitioner's Condition use application allowing for wholesale distribution should be granted.
91-005679  NOSTIMO, INC., D/B/A PICK KWIK FOOD STORES, INC. vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1991)
Division of Administrative Hearings, Florida Filed: Sep. 03, 1991
As a result of a Motion to Dismiss filed by Palm Pavilion, Inc., a preliminary issue is whether Section 137.029 of the Clearwater Land Development Code (the Code) barred the filing of the application in this case. The issue on the merits of the application is whether the evidence sustains the decision of the City of Clearwater Planning and Zoning Board (the Board) to deny the application of the Appellants, Nostimo, Inc., and Pick Kwik Food Stores, Inc., for a conditional use permit to sell beer and wine, for off- premise consumption, at 32 Bay Esplanade, Clearwater, Florida. As a result of stipulations entered into by the parties, the specific issue was narrowed to whether the evidence sustains the Board's decision that the use is not compatible with the surrounding area or imposes an excessive burden or has a substantial negative impact on surrounding or adjacent uses or on community facilities or services. See Preliminary Statement.Conditional use permit to sell beer and wine for off-premises consumption is compatible with similar permit across street; must reapply when other expire
90-006663  STANISLAW AND KAZIMIERA BUDZINSKI, T/A BRITT`S BEACHSIDE CAFE) vs CITY OF CLEARWATER AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1990)
Division of Administrative Hearings, Florida Filed: Oct. 22, 1990
Whether Petitioner should be granted conditional use approval to sell beer and wine at his restaurant located on Petitioner's property at 201 South Gulfview Boulevard, on Clearwater Beach, in the City of Clearwater, Florida.Appeal from denial of conditional use permit to sell beer and wine.
90-005002  MANUEL KASTRENAKIS vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1990)
Division of Administrative Hearings, Florida Filed: Aug. 13, 1990
Whether the Planning Commission deviated from essential requirements of law in denying Appellant's application for a special use permit to operate a car rental agency at 2576 Harn Boulevard, Clearwater, Florida.Case involves interpretation of City of Clearwater Land and Development Code.
90-002152  WILLIAM M. SHEPARD, LAGOON RESORT MOTEL, INC., D/B/A SHEPHERD`S RESTAU/GULF FUN, INC. vs CITY OF CLEARWATER AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1990)
Division of Administrative Hearings, Florida Filed: Apr. 06, 1990
The issue in this case is whether the decision of the Planning and Zoning Board denying Petitioner's application for conditional use approval should be sustained.Board's denial of petitioner's application sustained because pet. failed to meet the standards for conditional use applications for his wave runner business.
89-006159  PATRICK MAGUIRE (ISLAND YACHT CLUB CONDO) vs CITY OF CLEARWATER AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1989)
Division of Administrative Hearings, Florida Filed: Nov. 13, 1989
The issue for consideration in this hearing was whether the Appellant's application for a conditional use permit should be approved.Fears of local populace not sufficient basis to deny permit to charter fish absent any showing that proposed use is not compatible with surrounding area.
89-003772  NOSTIMO, INC. vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1989)
Division of Administrative Hearings, Florida Filed: Jul. 14, 1989
The issue is whether appellant's application for a conditional use permit should be approved.Request for conditional use permit denied.
88-002481  ANDREW W. KALLIVOKAS vs. CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1988)
Division of Administrative Hearings, Florida Latest Update: Sep. 08, 1988
The final hearing in this case was held on August 23, 1988 in Clearwater, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings. The parties were represented as follows: PETITIONER: Donald O. McFarland, Esquire 311 S. Missouri Avenue Clearwater, Florida 34616 (Andrews W. Kallivokas)Petitioner's application for conditional use approval for the sale of alcohol is granted. The special closing hours placed on petitioner's business are arbitrary.

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