STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ATHALEE JAMERSON, )

)

Petitioner, )

)

vs. ) CASE NO. 83-879

)

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 21 April 1983 at Clearwater, Florida.

APPEARANCES

For Petitioner: John R. Haggitt, Esquire

300 Turner Street Clearwater Florida 33516

For Respondent: Richard Griesinger, Esquire

Post Office Box 4748 Clearwater, Florida 33518

By letter dated March 18, 1983, Athalee Jamerson, Petitioner, by and through her attorney, appeals the decision of the Board of Adjustment and Appeal on Zoning denying her application for a variance to construct an addition to an existing building at 1267 Drew Street, Clearwater, Florida.

At the commencement of the hearing, the parties submitted a STIPULATION which was accepted by the Hearing Officer and is copied verbatim as follows:

IT IS HEREBY STIPULATED as follows:

1. That the applicant agrees to withdraw her request for a variance of two (2) feet to permit the construction of a ground floor addition to her single family dwelling three

   (3) feet from the west property line. The new construction shall be flush with the existing structure, five (5) feet from the west property line, thereby reducing the building coverage by twenty-three (23) square feet and six-tenths (.6) percent

   of the lot area.

2. That the applicant agrees to remove

   one-half (1/2) of the existing garage on the southernmost portion of the property, thereby reducing the building coverage by approxi-

   mately one hundred eighty (180) square feet and four and five-tenths (4.5) percent of the lot area.

   
   

3. That the City of Clearwater agrees the requested variance for lot area is unnecessary and not applicable.

4. That the City of Clearwater does not object to the granting of a three (3) foot setback variance from the east property line to allow a ground floor addition two (2) feet from said property line rather than the five

   (5) feet required.

5. That the City of Clearwater does not object to the granting of a three (3) percent

   building coverage variance, thus allowing a maxi- mum building coverage of forty-five (45) per- cent rather than forty-two (42) percent otherwise permitted.

6. That the City of Clearwater does not object to the granting of variance to allow the existing nonconforming structure to be added to, altered and enlarged in a way that extends the nonconforming features.

DATED this 21st day of April, 1983. CITY OF CLEARWATER

by: /s/ Richard Griesinger

/s/ Athalee Jamerson ATHALEE JAMERSON

/s/ John R. Haggitt

JOHN R. HAGGITT, Attorney for Applicant

IT IS HEREBY ORDERED this STIPULATION be accepted and Petitioner's application granted subject to the terms of this STIPULATION.

ORDERED this 27th 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 27th day of April, 1983.

COPIES FURNISHED:

John R. Haggitt, Esquire

300 Turner Street Clearwater, Florida 33516

Thomas A. Bustin, Esquire Post Office Box 4748 Clearwater, Florida 33518

Ms. Lucille Williams City Clerk

Post Office Box 4748 Clearwater, Florida 33518

Docket for Case No: 83-000879RX

Orders for Case No: 83-000879RX