STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ENID AND JOHN SCHMIDT, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2393

)

CITY OF CLEARWATER, )

)

Respondent. )

)

ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on September 15, 1983, at Clearwater, Florida.

APPEARANCES

For Petitioner: Enid J. Schmidt, pro se

2363 Pineland Lane

Clearwater, Florida 33519

For Respondent: Thomas A. Bustin, Esquire

Post Office Box 4748 Clearwater, Florida 33518

By letter dated July 25, 1983, Enid and John Schmidt, Petitioners, appealed the decision of the Board of Adjustment and Appeal on Zoning denying their request for a variance to extend a pool screen enclosure into the front setback area at their residence at 2363 Pineland Lane, Clearwater, Florida.

At the hearing Respondent called one witness, two witnesses were called by Petitioner, eight exhibits plus the tape of the proceedings before the Board and evidence submitted to the Board were admitted into evidence. At the time of the Board proceedings, Mrs. Schmidt was in the hospital for minor surgery; her husband was with her; and a relative, not wholly familiar with the petition, represented Petitioners before the Board. A review of the tapes of those proceedings shows no special circumstances were presented to the Board to justify the variance requested.

FINDINGS OF FACT

1. John and Enid Schmidt own property located at 2363 Pineland Lane, Clearwater, Florida. This Property is zoned RS-50 (single family) and is located at the City-County line with Pineland Lane dividing the incorporated and unincorporated areas at this location.

   
   

2. The house is L-shaped and due to the lot configuration the swimming pool was placed in the L at the front of the house. This pool is screened and has been screened since it was installed some four years ago.

3. Petitioners propose to extend the screen room 10.75 feet into the front setback area of 25 feet. The purpose of the extension is to enable Petitioners to roof this extension, apply additional roofing on two other sides of the pool enclosure, and install gutters with appropriate drains to carry off the rainwater that is now backing up against the house at the pool deck during heavy rains.

   
   

4. When the pool was originally constructed, a French drain was installed to allow the rainwater to flow around the house; however, during recent heavy rains this drain has been inadequate to keep water from rising to the level of Petitioner's sliding glass doors. To alleviate the situation engineers have recommended the additional roofing and gutters requested to carry this water away from the pool-house area.

   
   

5. Five of Petitioners neighbors, including the two closest to Petitioners' property, do not oppose the variance requested (Exhibit 5). One of these neighbors testified in support of the application.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

7. Section 131.016(e), Clearwater Building and Zoning Regulations, provides that variances may be granted when special conditions and circumstances exist which are peculiar to the land and structure involved and which are not applicable to other lands and structures in the district.

   
   

8. Unfortunately, the special conditions and circumstances regarding the drainage problem experienced by Petitioners were not presented to the Board. Had they been presented, this appeal would undoubtedly have been unnecessary.

   
   

9. From the evidence presented it is clear that the drainage problem presents special circumstances and conditions at Petitioners' residence to authorize Enid and John Schmidt a variance of 10.75 feet into the front setback area at their property located at 2363 Pineland Lane, Clearwater, Florida. It is

ORDERED that Enid and John Schmidt be granted a variance of 10.75 feet into the front setback area of their property at 2363 Pineland Lane, Clearwater, Florida, for the purpose of extending the pool enclosure into that setback area.

DONE AND ORDERED this 10th day of October, 1983, at Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 10th day of October, 1983.

COPIES FURNISHED:

Thomas A. Bustin, Esquire Ms. Lucille Williams City Attorney City Clerk

Post Office Box 4748 Post Office Pox 4748 Clearwater, Florida 33518 Clearwater, Florida 33518

Enid and John Schmidt 2363 Pineland Lane

Clearwater, Florida 33515

Docket for Case No: 83-002393

Orders for Case No: 83-002393