STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SOLOMON WEBB, )

)

Appellant, )

)

vs. ) CASE NO. 84-1530

)

CITY OF CLEARWATER, )

)

Respondent. )

)

ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a hearing in the above-styled case on July 16, 1984, at Clearwater, Florida.

APPEARANCES

For Petitioner: Warren A. Wilson, III, Esquire

The Fountains Office Center

2101 U. S. Highway 19 North, Suite 201 Post Office Box 1020

Palm Harbor, Florida 33563

For Respondent: Thomas A. Bustin, Esquire

City Attorney

Post Office Box 4748 Clearwater, Florida 33518

By letter dated April 20, 1984, Solomon Webb, Appellant, appeals from the decision of the Clearwater Beard of Adjustment and Appeal on Zoning denying his application for a variance of eight feet from the front setback to permit construction of an extension to his home eighteen feet in width and extending to seventeen feet from the front property line at 1549 Levern Street, Clearwater, Florida.

At the hearing Appellant called three witnesses, one witness was called by Respondent, and six exhibits were admitted into evidence.

Proposed findings submitted by the parties, to the extent included herein, are adopted; otherwise they are rejected as not supported by the evidence, immaterial, or unnecessary to the results reached.

FINDINGS OF FACT

1. Appellant acquired the residence located at 1549 Levern Street approximately three years ago. The house was constructed some 30 years age and its outside dimensions have not been altered since construction.

2. The house abuts the front setback line which is 25 feet from the front property line. The area is zoned RS-50, which is single family homes with up to

   8.7 dwelling units per net acre. Minimum lot size for RS-50 is 5,000 square feet.

   
   

3. Appellant resides in the home with his wife, and they are the only permanent occupants. He proposes to extend the front wall of his living room eight feet into the setback area the width of the living room which is 18 feet. This will increase the size of the living room by this amount.

   
   

4. The existing living room is quite narrow and inadequate for Appellant's wife to comfortably entertain her church group. None of Appellant's neighbors oppose the variance of eight feet into the front setback requested by Appellant, and some support this request.

   
   

5. Most of the other homes in the vicinity of Appellant's property are in conformity with the setback requirements of the building and zoning code.

   
   

6. Appellant's lot is not unique or unusual but is similar to other lots in this section of the city. Some inference was made that when this home was constructed setback lines had not been established in this area and that, had the original owner so desired, the house could have been constructed closer to the front lot line than the 25 feet now prescribed by the zoning regulations. Even if this is assumed to be true, it is not relevant to the request for variance here under consideration.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

8. Section 131.016(e), Clearwater Building and Zoning Regulations, provides generally that a variance from the terms of this chapter shall not be granted by the Board unless and until:

   
   

   1. A written application for a variance is submitted stating substantially that certain of the following exist:

      1. That special conditions and circum- stances exist which are peculiar to the land, structure or building involved and which are net applicable

         to other lands, buildings or structures in the same district.

      2. That literal interpretation of the pro- visions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

      3. That the special conditions and circum- stances referred to in subsection a. above, do not result from the actions of the applicant.

      4. That granting the variance requested will not confer on the applicant any

   special privilege that is denied by this chapter to other lands, structures or dwellings in the same district.

   * * *

   1. The board shall further make a finding that the reasons set forth in the appli-

      cation justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

   2. The board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

   
   

9. Here there are no special conditions or circumstances peculiar to this structure which are net applicable to other structures in the same district; Appellant is denied no right commonly enjoyed by others in the district; and granting the variance will confer on Appellant special privileges net enjoyed by others who are required to comply with setback lines. Further, all homes in this district are small as would be expected with lot sizes as small as 5,000 square feet in area with 25 feet front setbacks, 5 feet side setback, and 10 feet rear setback; and with the minimum floor area per dwelling unit of 750 square feet.

   
   

10. From the foregoing it is concluded that Appellant does not meet the requirements for the granting of the variance requested. It is therefore

ORDERED that the appeal of Solomon Webb from the order denying his application for a front setback variance at his property located at 1549 Levern Street, Clearwater, Florida, be DENIED.

DONE AND ORDERED this 10th day of August, 1984, 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 August, 1984.

COPIES FURNISHED:

Warren A. Wilson, III, Esquire The Fountains Office Center 2101 U.S. Highway 19 North

Suite 201

Post Office Box 1020

Palm Harbor, Florida 33503

Thomas A. Bustin, Esquire City Attorney

Post Office Box 4748 Clearwater, Florida 33518

Ms. Lucille Williams City Clerk

Post Office Box 4748 Clearwater, Florida 33518

Docket for Case No: 84-001530RX

Orders for Case No: 84-001530RX