STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GERALD YEGGE, )

)

Petitioner, )

)

vs. ) CASE NO. 86-0016

)

CITY OF CLEARWATER )

)

Respondent. )

)

FINAL ORDER

Pursuant to notice, an appeal hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on April 14, 1986, in accordance with Section 137.013 of the City of Clearwater Land Development Code. The issue for determination in this proceeding is whether Gerald Yegge is entitled to a variance of four feet to modify an existing pole sign located one foot from the property line at 936 Cleveland Street, Clearwater, Florida.

APPEARANCES

For Petitioner: R. Nathan Hightower

Post Office Box 1669 Clearwater, Florida 33517

For Respondent: Miles A. Lance

Assistant City Attorney Post Office Box 4748

Clearwater, Florida 33518-4748 FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found:

1. Gerald Yegge owns property located at 936 Cleveland Street, Clearwater, which is occupied by a commercial building. This building, like most of the buildings in the vicinity, was built along the front property line. The only tenant in the building at the present time is Crawford and Pearson Carpets which has a large canopy or awning sign identifying the business on the front of the building facing the street. Also located on the southwest corner of the property is a pole sign within one foot of the front property line. This pole sign has existed for a number of years.

   
   

2. Prior to October 13, 1985, the pole sign contained language that the entire building was available for lease. Mr. Yegge now wishes to change the message on the sign to indicate both the carpet business now occupying a portion of the building and to indicate that the remaining portion of the building is available for lease.

3. The property owned by Mr. Yegge is zoned as the Urban Center District, Eastern Corridor (UC(E)). With certain exceptions, pole signs within that district must be positioned at least five feet back from all property lines. Section 134.012, Land Development Code. However, signs existing prior to the effective date of the City's new sign regulations, October 13, 1985, are permitted to remain for a period of up to seven years, after which time the sign must either be removed or be brought into compliance with the new regulations.

   
   

4. No nonconforming signs may be constructed, reconstructed, altered, renovated, relocated, replaced or otherwise changed after October 13, 1985, unless the change brings the sign into conformance. Section 134.015, Land Development Code. Unless otherwise exempt from the applicable permitting requirements of the sign regulations, no sign may be altered without first obtaining a sign permit. Changing the message on a marquee or changeable copy sign board so designed does not require a sign permit. Section 134.013 (a)(1), Land Development Code. A "changeable copy sign board" is defined in Section

   137.005 of the Land Development Code as:

   
   

   "A sign on which the message is changed manually on the premises where the sign is located through the utilization of attachable letters, numbers, symbols and other similar characters or, in the case of a billboard, through the utilization of changeable pictorial panels."

   
   

5. The pole sign located on Mr. Yegge's property is not designed to utilize attachable letters, symbols or other similar characters. In order to change the message on the sign, it is necessary to repaint the sign.

   
   

6. If the subject pole sign were moved four feet back from the front property line, it would be less visible from the easterly direction and not visible at all from the westerly direction due to the location of the buildings in the immediate vicinity. Also, movement of the sign's location five feet from the property line would reduce the number of parking spaces now available.

   
   

   CONCLUSIONS OF LAW

   
   

7. Because Mr. Yegge's pole sign is located one foot from the property line, it is a nonconforming sign which, until altered, is a permissible use for a period of seven years from October 13, 1985. He now wishes to alter or change the message on the sign without bringing it into conformance with the City of Clearwater's sign regulations; i.e., moving it back an additional four feet. This he may not do without a variance approval. The subject sign is not designed to utilize attachable symbols and it is not a billboard with changeable pictorial panels. It thus is not exempt from the City's permitting requirements as a changeable copy sign board.

   
   

8. In order to be entitled to a variance from the provisions of the Land Development Code, the burden is upon the applicant to demonstrate, inter alia, that the strict application of the Code would result in an unnecessary hardship upon the applicant and that the condition from which the variance is sought is unique to the applicant's property. Also, the request for a variance may not be based primarily upon the desire of the applicant to secure a greater financial return from the property and the granting of a variance must not violate the general spirit and intent of the Code. Section 137.012(d), Land Development Code.

9. Sufficient compliance with the standards for approval of a variance has not been demonstrated in this proceeding. Since most of the buildings in the immediate vicinity of the applicant's property are located on the front property line, the sign's visibility problem is not unique to Mr. Yegge. The applicant desires to utilize one-half of his nonconforming sign to identify the tenant's carpet business and to utilize the other one-half to advertise space for rent in the building. Any hardship resulting from the Code's provision would either be to the tenant, who already has a large awning sign on the front of his business, or would be based upon the applicant's desire to secure a greater financial return from the property. Among the purposes of the City's sign regulations are to lessen visual clutter caused by improper placement of signs and to curtail the size and number of signs and messages to the minimum reasonably necessary for identification purposes. Section 134.004(3) and (8), Land Development Code. To allow the applicant in this case to alter his sign located one foot from the property line to further identify the carpet business would not be in keeping with the general spirit and intent of the City's sign regulations.

FINAL ORDER

Based upon the findings of fact and conclusions of law recited herein, it is ORDERED that the application of Gerald Yegge for a variance of four feet to modify or alter his existing pole sign is DENIED.

DONE and ORDERED this 28th day of May, 1986, in Tallahassee, Florida.

COPIES FURNISHED:

Miles A. Lance Assistant City Attorney City of Clearwater

P. O. Box 4748

Clearwater, Florida 33518

Cynthia Goudeau City Clerk

P. O. Box 4748

Clearwater, Florida 33518

R. Nathan Hightower, Esquire

P. O. Box 1669

Clearwater, Florida 33517

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of May, 1986.

Docket for Case No: 86-000016

Orders for Case No: 86-000016