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Miles A. Archabal
Miles A. Archabal
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Bar #1003616(FL)     License for 48 years; Member in Good Standing
Miami FL

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93-007068  CHARLES W. AND BRENDA N. WALTER vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1993)
Division of Administrative Hearings, Florida Filed: Dec. 13, 1993
The issue in this case is whether the evidence sustains the decision of the City of Clearwater Development Code Adjustment Board (the Board) to grant the application of the Appellant, the City of Clearwater for dock length, width and setback variances to allow the reconstruction of the public pier facility located at the west end of Magnolia Drive in Clearwater, Florida. (The pier was destroyed by the "No Name Storm of the Century" on March 12-13, 1993.)City applied for dock length width and setback variances. DCAB granted. Opponents appealed. Final Order: No CSE to support necessity/no impairment of property.
93-007070  CLEARWATER BAY MARINE WAYS vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1993)
Division of Administrative Hearings, Florida Filed: Dec. 13, 1993
The issue in this case is whether the evidence sustains the decision of the City of Clearwater Development Code Adjustment Board (the Board) to deny the application of the Appellant, Clearwater Bay Marine Ways, Inc., for a 62-space parking requirement variance (200 spaces instead of the 262 required under the Code) for its property located at 900 North Osceola Avenue, Clearwater, Florida. (The variance is required as a result of the Appellant's desire to use a part of the property as a cruise ship docking facility.)Parking space requirement variance app. DCAB denied app. FO upholds DCAB. No equity jurisdiction over estoppel claim. Condition created by applicant.
93-006819  SUN WATCH, INC. vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1993)
Division of Administrative Hearings, Florida Filed: Nov. 29, 1993
The issue in this case is whether the evidence sustains the decision of the City of Clearwater Development Code Adjustment Board (the Board) to deny the application of the Appellant, Sun Watch, Inc., for a five foot building height variance for its property located at 670 Island Way, Clearwater, Florida. (The variance is required as a result of the Appellant's desire to build a 95 foot high condominium on the property.)Building height variance app. DCAB denied app. On appeal, FO upholds DCAB. No unique condition; ""need"" for variance caused by owner; no necessity.
93-001474  RASHMI JAKOTIA (KING COLE MOTEL) vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1993)
Division of Administrative Hearings, Florida Filed: Mar. 12, 1993
Whether Appellant should be granted a variance of seven parking spaces to permit 14 additional live aboard boats at its marina, or, in the alternative, whether the marina has grandfather status which negates the code requirement for additional parking spaces.Commercial marina grandfathered did not carry with it the live aboards which became regulated at a later date.
93-001475  AVI OVAKNIN (SURF WEST, INC.) vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1993)
Division of Administrative Hearings, Florida Filed: Mar. 12, 1993
Whether Appellant should be granted variances in setback lines to allow construction of a retail store on a lot at the northeast corner of the intersection of Papaya Street and Gulfview Boulevard on Clearwater Beach, Florida.Hardship due to substandard lot variances in setbacks granted.
92-006255  CLAUDE AND MYRA STINSON vs JAMES D. LAVELLE, PATRICIA A. LAVELLE, ERNEST C. BUSH, FRANCES B. BUSH, AND CITY OF CLEARWATER  (1992)
Division of Administrative Hearings, Florida Filed: Oct. 19, 1992
Whether Appellants should be granted a variance of 7.17 feet to permit construction of a storage shed 2.83 feet from the rear property line at 1387 Lemon Street, Clearwater, Florida.City of Clearwater zoning appeal from denial of variance request.
92-002112  CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS vs SAMMIE RAYNER  (1992)
Division of Administrative Hearings, Florida Filed: Apr. 03, 1992
Whether Sammie Rayner left work on or about February 11, 1992, without permission and, if so, what is the appropriate penalty.Contract case. City proved allegation that Respondent left work without authority.
91-005218  RICHARD P. LEVY, D/B/A T-SHIRT FACTORY vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 19, 1991
The issue in this case is whether the evidence sustains the decision of the City of Clearwater Development Code Adjustment Board (the Board) to deny the application of the Appellant, Richard P. Levy, d/b/a T-Shirt Factory, for a four parking space variance at his property located at 1498 Gulf to Bay Boulevard, at the junction of Gulf to Bay Boulevard, Highland Avenue and Court Street, Clearwater, Florida. (The variance is required as a result of his desire to convert 877.5 square feet of storage space in his building on the property to retail use.)Four parking space variance would extend non-conforming use. Variance standards not met.
91-002124  STANISLAW BUDZINSKI AND KAZIMIERA BUDZINSKI vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1991)
Division of Administrative Hearings, Florida Filed: Apr. 04, 1991
Whether Appellants were wrongfully denied a variance of 16-17 parking spaces that could allow an existing 2170 square foot restaurant to transfer and use its 2-COP State alcoholic beverage license at 201 South Gulfview Boulevard on Clearwater Beach, in the City of Clearwater.Variance requested primarily for financial gain. Request properly denied by board.
91-002129  TRUMAN GOODEN vs CITY OF CLEARWATER AND ANTONIOS MARKOPOULOS  (1991)
Division of Administrative Hearings, Florida Filed: Apr. 03, 1991
Whether Petitioner was wrongfully dismissed from his employment with the City of Clearwater.Evidence supported disciplinary action against employee for neglect and damaging city property

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