Petitioner: DEBORAH GROEN SOBELESKI
Respondent: CITY OF CLEARWATER AND CHRISTOPHER C. MARIANI
Judges: J. LAWRENCE JOHNSTON
Agency: Contract Hearings
Locations: Clearwater, Florida
Filed: Sep. 20, 2002
Status: Closed
DOAH Final Order on Monday, January 13, 2003.
Latest Update: Jan. 13, 2004
Summary: This hearing officer appeal under Section 4-505 of the City of Clearwater Community Development Code (Code) is the second of two administrative appeals available to and taken by Appellant, Deborah Groen Sobeleski (Sobeleski) under the Code. The issue in this second appeal is whether to sustain the decision of the City of Clearwater Community Development Board (CDB). The CDB's decision, made under Section 4-504 of the Code, was to allow Sobeleski's earlier Application for Administrative Appeal to
Summary: This hearing officer appeal under Section 4-505 of the City of Clearwater Community Development Code (Code) is the second of two administrative appeals available to and taken by Appellant, Deborah Groen Sobeleski (Sobeleski) under the Code. The issue in this second appeal is whether to sustain the decision of the City of Clearwater Community Development Board (CDB). The CDB's decision, made under Section 4-504 of the Code, was to allow Sobeleski's earlier Application for Administrative Appeal to the CDB from a Development Order (DO) issued by the City of Clearwater Community Development Coordinator (CDC) to remain on the CDB's consent agenda, which had the effect of denying the Application for Administrative Appeal and confirming the CDC's DO without a quasi-judicial hearing for receipt of additional evidence. The CDC's DO granted, with conditions, the Flexible Standard Development Application filed by Appellee, Christopher Mariani (Mariani, or Applicant), and subsequently amended, for a deviation to allow construction of a dock exceeding the 60-foot maximum length otherwise allowed by the Code.Neighbor appealed from decision granting deviation from dock requirements to allow longer dock. Neighbor did not meet burden for appeal.
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02003637.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEBORAH GROEN SOBELESKI,
Appellant,
vs.
CITY OF CLEARWATER and CHRISTOPHER C. MARIANI,
Appellees.
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) Case No. 02-3637
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ORDER ON REMAND
On January 13, 2003, a Final Order was entered in this case. However, Appellant filed a Petition for Certiorari in the Circuit Court, Sixth Judicial Circuit, in and for Pinellas County, Florida; an Order Granting Petition for Certiorari was entered on December 5, 2003; and the court's Mandate was issued on December 31, 2003, and filed at the Division of Administrative Hearings on January 7, 2004. The court's Order quashed the Final Order entered on January 13, 2003; and the Mandate commanded that further proceedings be had in accordance with the court's opinion.
In accordance with the Order and Mandate, this case is remanded to the Community Development Board (CDB) for further proceedings in accordance with the Order and Mandate of the court.
DONE AND ORDERED this 13th day of January, 2004, in Tallahassee, Leon County, Florida.
S
J. LAWRENCE JOHNSTON Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 13th day of January, 2004.
COPIES FURNISHED:
Maxwell G. Battle, Jr., Esquire Battle & Edenfield, P.A.
206 Mason Street Brandon, Florida 33511
Leslie K. Dougall-Sides, Esquire City of Clearwater
Post Office Box 4748 Clearwater, Florida 33758-4748
Timothy A. Johnson, Jr., Esquire Johnson, Blakely, Pope,
Bokor, Ruppel & Burns, P.A.
911 Chestnut Street Post Office Box 1368
Clearwater, Florida 33757
Cynthia Goudeau, City Clerk City of Clearwater
Post Office Box 4748 Clearwater, Florida 34618
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Docket for Case No: 02-003637
| Issue Date |
Proceedings |
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Jan. 13, 2004 |
Order on Remand.
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Jan. 07, 2004 |
Mandate filed.
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Dec. 08, 2003 |
Order Granting Petition for Certiorari filed.
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Jun. 13, 2003 |
Letter to Judge Johnston from K. De Blaker advising that the appeal case number has changed to 522003AP01152XXXXCV filed.
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May 19, 2003 |
Reply to Respondent City of Clearwater`s Response to Order to Show Cause filed by Petitioner
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May 19, 2003 |
Reply to Christopher C. Mariani`s Response to Order to Show Cause filed by Petitioner
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Apr. 18, 2003 |
Respondent, Christopher C. Mariani`s Appendix filed.
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Apr. 18, 2003 |
Respondent, Christopher C. Mariani`s Response to Order to Show Cause and Response to Petition for Certiorari filed.
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Apr. 18, 2003 |
Request for Oral Argument filed by C. Mariani.
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Apr. 02, 2003 |
Notice of Withdrawal of Respondent City of Clearwater`s Motion to Strike Notice of Filing Transcript (filed via facsimile).
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Mar. 12, 2003 |
Respondent City of Clearwater`s Motion to Strike Notice of Filing Transcript (filed via facsimile).
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Feb. 24, 2003 |
Notice of Filing Supplement to Appendix to Petition for Certiorari Pursuant to Rules 9.030(c)(3) and 9.100(a), Florida Rules of Appellant Procedure and Section 4-505.D, City of Clearwater COmmunity Development Code filed by Petitioner.
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Feb. 21, 2003 |
Order of Recusal filed by J. Schaefer.
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Feb. 18, 2003 |
Motion to Supplement Appendix to Petition for Certiorari Pursuant to Rules 9.030(c)(3) and 9.100(a), Florida Rules of Appellate Procedure and Section 4-505.D, City of Clearwater Community Development Code filed.
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Feb. 11, 2003 |
Petition for Certiorari Pursuant to Rules 9.030(c)(3) and 9.100(a), Florida Rules of Appellate Procedure and Section 4-505.D, City of Clearwater Community Development Code filed by Petitioner.
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Jan. 13, 2003 |
Final Order issued (hearing held November 12, 2002). CASE CLOSED.
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Dec. 19, 2002 |
Notice of Filing Documents filed by M. Battle.
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Dec. 06, 2002 |
Letter to Judge Johnston from L. Dougall-Sides enclosing diskette containing Respondent`s proposed final order filed.
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Dec. 04, 2002 |
Letter to Judge Johnston from T. Johnson enclosing disk in word format containing Appellee C. Mariani`s findings of fact and conclusions of law filed.
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Dec. 03, 2002 |
Letter to Judge Johnston from M. Battle enclosing diskette with the proposed orders filed.
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Dec. 02, 2002 |
Appellant`s Proposed Order Granting Ore Tenus Motion for Continuance and Determining Applicable Appellate Procedure (filed via facsimile).
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Dec. 02, 2002 |
Appelant`s Proposed Order Granting Appeal and Reversing Decision of the Community Development Board (filed via facsimile).
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Dec. 02, 2002 |
Notice of Filing (filed by Petitioner via facsimile).
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Dec. 02, 2002 |
Notice of Filing Complete Copy of Apeal Application (filed by Petitioner via facsimile).
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Dec. 02, 2002 |
Findings of Fact and Conclusions of Law (filed by T. Johnson via facsimile).
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Dec. 02, 2002 |
Respondent City of Clearwater`s Proposed Final Order (filed via facsimile).
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Dec. 02, 2002 |
Notice of Filing Photographic Exhibits filed by M. Battle.
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Nov. 20, 2002 |
Transcript filed. |
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Nov. 12, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
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Nov. 07, 2002 |
Letter to Judge Johnston from L. Dougall-Sides enclosing copies of exhibits requested filed.
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Oct. 02, 2002 |
Notice of Hearing issued (hearing set for November 12, 2002; 9:30 a.m.; Clearwater, FL).
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Sep. 30, 2002 |
Letter to Judge York from T. Johnson stating the firm represents C. Mariani (filed via facsimile).
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Sep. 26, 2002 |
Notice that this case is now before the Division of Administrative Hearings sent out.
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Sep. 20, 2002 |
Ordinance No. 6928-02 filed.
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Sep. 20, 2002 |
Ordinance No. 6998-02 filed.
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Sep. 20, 2002 |
City of Clearwater Planning Department Staff Summary of Events filed.
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Sep. 20, 2002 |
Appeal Application filed.
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Sep. 20, 2002 |
Agency referral filed.
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Orders for Case No: 02-003637
| Issue Date |
Document |
Summary |
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Jan. 13, 2004 |
Remanded from the Agency
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Dec. 31, 2003 |
Mandate
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Jan. 13, 2003 |
DOAH Final Order
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Neighbor appealed from decision granting deviation from dock requirements to allow longer dock. Neighbor did not meet burden for appeal.
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