Judges: K. N. AYERS
Agency: Contract Hearings
Latest Update: Apr. 05, 1983
Summary: Petitioner's request for variance should be denied because petitioner didn't show he was in unusual circumstances or was denied rights others had.
82-3406.PDF
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
JACK ROTHMAN, )
)
Petitioner, )
)
vs. ) CASE NO. 82-3406
)
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 4 March 1983 at Clearwater, Florida.
APPEARANCES
For Petitioner: James J. Shaw
401 South Lincoln Avenue Clearwater, Florida 33516
For Respondent: Thomas A. Bustin, Esquire
Post Office Box 4748 Clearwater, Florida 33518
By letter dated December 7, 1982, Jack Rothman, Petitioner, by and through his representative, appeals the denial of the Board of Adjustment and Appeals on Zoning of his request for a variance to encroach into the setback area on the north side of his property. Specifically, Petitioner seeks a variance to encroach some ten feet into the setback area to the rear of his house in order to add a 12' x 26' addition to the house to provide a fifth bedroom.
At the hearing one witness was called by Petitioner, one witness was called by Respondent, and one exhibit was admitted into evidence.
FINDINGS OF FACT
Petitioner's house at 2926 Heather Trail, Clearwater, Florida, is located on a triangular-shaped lot, was constructed in 1979, has four bedrooms and three baths, and contains at least 2,500 square feet. The property is zoned RS-100, which is single family residential.
The lot on which this house is constructed contains 19,000 square feet. The minimum lot area in RS-100 is 10,000 square feet.
Petitioner desires to construct a fifth bedroom on the rear of the house. This 12' x 26' addition would encroach some ten feet into the 20-foot
setback at the rear of the property. Constructing the addition, as proposed, would maintain existing roofline, thereby facilitating construction.
Petitioner's family has increased by one child since he bought the house in 1981. The proposed additional bedroom will contain 312 square feet. The average size bedroom in the Clearwater area is approximately 140 square feet.
The property to the north of Petitioner's property is public parkland. No other properties in the area have additions extending into any of the setback areas; however, none of Petitioner's neighbors object to the granting of the variance.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 131.016(e) of the Clearwater Code of Ordinances authorizes the granting of variances from the requirements of that chapter when in conformance with the general purposes and intent of the chapter so the public health, safety, and general welfare may be secure and substantial justice done. It further provides such variance shall not be granted unless and until:
A written application for a variance is submitted stating substantially that certain of the following exist:
That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, buildings or structures in the same district.
That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
That the special conditions and circumstances referred to in subsection a. above, do not result from the actions of the applicant.
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.
No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
Notice of public hearing (see subsection (d)):
The board shall further make a finding that the reasons set forth in the application 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.
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.
No showing was made that special circumstances or conditions are peculiar to the lot here involved which are not applicable to other lots on the circle; that Petitioner is denied rights commonly enjoyed by other properties in the area; or that granting the variance requested would not confer upon Petitioner special privileges not enjoyed by other lands in the same district. No variances have been granted of the setbacks established for this subdivision and no cogent reasons have been presented to disturb the findings of the Board of Adjustment and Appeal on Zoning in denying the application in this case.
From the foregoing it is concluded that Petitioner has failed to show that granting the requested variance to construct an addition to his house extending ten feet into the northern setback area meets the requirements of Section 131.016(e) of the Clearwater Code of Ordinances above-quoted. It is therefore
ORDERED that the appeal of Jack Rothman for a variance to construct an addition to his home at 2926 Heather Trail, Clearwater, Florida, be DENIED.
DONE AND ORDERED this 5th day of April 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 5th day of April, 1983.
COPIES FURNISHED:
Thomas A. Bustin, Esquire City Attorney
Post Office Box 4748 Clearwater, Florida 33518
James J. Shaw, Executive Director Mark IV Development of Florida
401 South Lincoln Avenue, Suite B Clearwater, Florida 33516
Jack Rothman
2926 Heather Trail
Clearwater, Florida 33519
Ms. Lucille Williams City Clerk
Post Office Box 4748 Clearwater, Florida 33518
Docket for Case No: 82-003406RX
Orders for Case No: 82-003406RX
| Issue Date |
Document |
Summary |
|
Apr. 05, 1983 |
DOAH Final Order
|
Petitioner's request for variance should be denied because petitioner didn't show he was in unusual circumstances or was denied rights others had.
|
