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DEPARTMENT OF TRANSPORTATION vs. LEONES DEL RIO MOTEL, 75-000102 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-000102 Visitors: 11
Judges: DELPHENE C. STRICKLAND
Agency: Department of Transportation
Latest Update: May 29, 1975
Summary: Whether subject sign violated state and federal set-back requirements.Respondent's application for permit was rejected for violation of set-back requirements. Respondent agreed to remove sign.
75-0102.PDF

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION


DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-102T

) DOCKET NO. 75-104-OA

LEONES DEL RIO MOTEL, )

)

Respondent. )

)


RECOMMENDED ORDER


After notice to the parties, a formal administrative hearing, pursuant to the Florida Administrative Procedures Act, was held in Bartow, Florida, on April 3, 1975, before Delphene Strickland, Hearing Examiner.


APPEARANCES


For Petitioner: Rick Boger

Arnold Baker

Lowell Veach, Esquire For Respondent: Michael Leone, Owner

ISSUES


Whether subject sign violated state and federal set-back requirements.


FINDINGS OF FACT


  1. Subject sign was erected after an application was received and was disapproved inasmuch as the application was for erection of a sign nearer to the Federal Aid primary Road than the required 660 feet set-back.


  2. The owner testified that subject sign was in violation, being nearer than 660 feet to the nearest edge of the right of way, that his attorney had so informed him and that he would remove said sign.


    CONCLUSIONS OF LAW


  3. Subject sign violates the set-back requirement of Chapter 479, Florida Statutes, and should be removed.


RECOMMENDED ORDER


Remove subject sign.




Date: 5/29/75

DELPHENE STRICKLAND

Hearing Examiner


Docket for Case No: 75-000102

Orders for Case No: 75-000102
Issue Date Document Summary
May 29, 1975 Recommended Order Respondent's application for permit was rejected for violation of set-back requirements. Respondent agreed to remove sign.
Source:  Florida - Division of Administrative Hearings

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