STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FOSTER AND KLEISER, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 79-387T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED 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 12 April 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: Mr. Steve Galberaith

Post Office Box 23267 Tampa, Florida 33623

For Respondent: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

By letter dated February 1, 1979, Petitioner contests Respondent's denial of its application for a permit to erect a sign near the I-275 and Haines Road near St. Petersburg. One witness testified on behalf of Petitioner, and three

1. exhibits were admitted into evidence. The facts here involved are undisputed.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner was issued a permit to erect a sign on the site in question in 1971 and has renewed this permit annually since that time. At the time the initial permit was issued, the interchange to the 1-275 was not paved or opened to the public for access to the I-275.

      
      

   2. On October 19, 1971 Petitioner leased the property for this proposed sign at a minimum rental of $175 per month and has paid this rent since the execution of the lease (Exhibit 1).

      
      

   3. The boundary line between St. Petersburg and Pinellas County runs through the paved portion of the interchange in the vicinity of the site for the proposed sign. This site is outside St. Petersburg city limits.

   4. Petitioner now desires to erect the sign for which it holds a permit but, before spending the $40,000 estimated cost for this sign, reapplied for a permit to insure Respondent would not demand the sign be removed because it is within 500 feet of an interchange.

      
      

   5. The site of the proposed sign is located within 500 feet of the interchange to the I-275. The interchange is both within and without the corporate limits of St. Petersburg, and the site of the sign is outside the corporate limits of St. Petersburg in an unincorporated portion of Pinellas County.

      
      

   6. Since leasing the property, Petitioner has made lease payments in excess of $15,000 and has paid annual permit fees of $12 each to Respondent for the north and south facings of the permitted sign.

      
      

      CONCLUSIONS OF LAW

      
      

   7. The division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

      
      

   8. Rule 14-10.06(I)(b)2b provides:

      
      

      Outside incorporated towns and cities, no structure may be located adjacent to or within five hundred (500) feet of an inter- change, intersection at grade, or safety rest area. Said five hundred (500) feet

      to be measured along the Interstate from the beginning or ending of the pavement widening at the exit from or entrance to the main-travelled way.

      
      

   9. Here the structure will be located in an unincorporated area of Pinellas County and would therefore come within the proscription of the Rule above quoted. This is so despite the fact that the interchange is inside an incorporated area, to wit: the City of St. Petersburg.

      
      

   10. Here Petitioner, acting on the basis of Respondent's approval of its application for a permit, entered into a lease for the site on which the sign is to be erected; and made rental payments of $175 per month and renewal fees to Respondent for these permits for the past 7-1/2 years. Respondent is now estopped to deny the validity of this permit. This is a classic case of estoppel, where Petitioner, in good faith and relying on the approval of its application to erect signs given by Respondent, expended considerable sums for the lease and permit renewals.

       
       

   11. From the foregoing it is concluded that Petitioner has valid permits to erect a sign with north and south facings near the I-275 and Haines Road at St. Petersburg, Florida. Inasmuch as the application here involved is for the erection of a sign previously approved by Respondent, it is

RECOMMENDED that the application of Petitioner be approved.

Entered this 9th day of May, 1979.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 101, Collins Building

MAIL: Room 530, Carlton Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Mr. Steve Galberaith

P. O. Box 23267 Tampa, Florida 33623

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 79-000387

Orders for Case No: 79-000387