Findings Of Fact By Advertising Sign Permit dated March 4, 1985 (Exhibit 3), Clear Vu Media was authorized to locate a sign with both east and west facing boards on State Road 52, 2- 1/2 miles east of Plaza Drive (Little Road). The permit was issued by Linda K. Brown, outdoor advertising inspector for DOT. Prior to issuing the permit Brown visited the proposed site and approved the location as meeting the requirements for an outdoor advertising sign. Subsequent to the erection of the sign Brown inspected the sign and found the sign to be located on a site other than the approved site. The existing structure is located 890 feet from another existing and permitted sign. The approved site is located at least 1,000 feet from this existing sign and from any other permitted sign along State Road 52. State Road 52 is a federal-aid primary highway. A Notice of Hearing was sent to Clear Vu Media, Post Office Box 2038, New Port Richey, Florida 33552, by U.S. Mail and was not returned as undelivered.
Findings Of Fact On May 8, 1979, a representative of DOT observed a sign located on State Road 13, 1.8 miles north of the Duval-St. Johns line in Duval County, Florida. State Road 13 is a federal aid primary highway. The sign in question bore the following advertising copy: "Quail Ridge, New Homes, straight ahead to St. Augustine Rd., Right to Caron Dr." At the time the sign was initially observed it was constructed of new lumber, with fresh dirt around the holes in which the standards were placed which supported the sign. The sign was located within the corporate limits of tie City of Jacksonville, Florida, in an area which is zoned "Commercial Intensive". At the time the sign was initially inspected on May 8, 1979, no permit tag was affixed. In addition, the sign was located within two feet of another larger sign which had been properly permitted, was on the same side of the highway, and faced the same direction. The DOT representative, upon inspection of the sign, contacted Joseph Pepe, the President of Respondent to discuss the sign in question. Mr. Pepe admitted that his company owned and erected the sign with its own work crew. The sign was again inspected one day prior to the final hearing in this cause, and was still located in the same position and had no permit tag affixed to the structure.
The Issue Whether Respondent was in violation of Subsection 479.07(1), Florida Statutes, providing for the permitting of outdoor advertising structures.
Findings Of Fact Respondent maintained two outdoor advertising signs adjacent to U.S. Highway 90 in Gadsden County, Florida. The first sign listed on the notice of outdoor advertising law violation dated August 5, 1974, has been removed. No further action is necessary in regards to this sign. The second sign listed on the August 5, 1974, Notice of Violation is located adjacent to U.S. Highway 90 1/2 mile West of the city limits of Quincy, Florida. The second sign was not permitted in the years 1973 or 1974. Respondent has not made application for a current permit as of the date of hearing.
The Issue Whether the outdoor advertising sign of Petitioner should be removed.
Findings Of Fact A notice of alleged violation of Chapter 479 and Section 335.13 and 339.301, Florida Statutes and notice to show cause were sent to Petitioner, Highland Court on August 18, 1977. The notice alleged that the subject outdoor advertising sign with copy, Highland Court, located 2.11 miles north of US 192; US 1 13 N Mile Post 2.11 was in violation of Chapter 479.07(2), and Rule 14- 10.04 having no current permit tag visible. The Petitioner asked for an administrative hearing which was properly noticed. Prior to the hearing the Petitioner stated that he was retiring and had no further interest in the sign. He stated that he was selling the business. Evidence was presented that the subject sign was erected without a permit from the Florida Department of Transportation. It has no current state permit tag attached. An application had been made for a permit but the permit was denied for the reason that the sign stands less than 500 feet from an existing sign to which is attached a current and valid permit.
Recommendation Remove the sign. DONE AND ORDERED this 21st day of August, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 Mr. Kenneth E. Gross, Manager Highland Court 24 North Harbor City Blvd. Melbourne, Florida 32935
Findings Of Fact The outdoor advertising sign which is the subject of this proceeding is situated 30-35 feet from the pavement on the northbound side of U.S. 1, approximately 170 feet north of 69th Street in the City of Marathon, Florida. The sign is visible to traffic on U.S. 1. U.S. 1 is a federal-aid primary highway, and it has been such since the subject sign was erected. This outdoor advertising sign is owned by the Respondent, T. L. Carpenter, who is also the owner of the property upon which the sign sits. The subject sign has not been issued an outdoor advertising sign permit by the Department, nor has any application for a permit been filed with the Department. This sign is less than 1,000 feet from an outdoor advertising sign which was erected on the same side of U.S. 1 by Jerry's Outdoor Advertising in 1983 or 1984. Permits numbered AK711-10 and AK710-10 have been issued by the Department to Jerry's Outdoor Advertising for its sign. The Respondent purchased the property where the subject sign stands in 1977. The sign had been erected by the prior owner, and the Respondent received the subject sign when he took title to the property. Nevertheless, the Respondent has never applied for an outdoor advertising permit for this sign. For some period of time after the Respondent bought this property and the subject sign, the Respondent advertised a health food store by copy on the sign. Presently, this sign advertises a restaurant. The copy, however, does not advertise an on-premise business. Due to the proximity of the permitted sign of Jerry's Outdoor Advertising, the Respondent may not now receive a permit for his sign at its present location.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the sign owned by the Respondent on the northbound side of U.S. 1, approximately 170 feet north of 69th Street in Marathon, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 2nd day of April, 1986, in Tallahassee, Leon County, Florida WILLIAM B. THOMAS 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 2nd day of April, 1986. COPIES FURNISHED: Charles T. Gardner, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mr. J. L. Carpenter P. O. Box 2641 Marathon Shores, Florida 33052 Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the sign owned by the Respondents situated on Interstate 95, 1.26 miles north of State Road 528, in Brevard County, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 1st day of July, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS 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 1st day of July, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mr. Richard L. Schneible and Mrs. Mary Joan Schneible Post Office Box 727 Sharpes, Florida 32959 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building - Room 562 Tallahassee, Florida 32301
The Issue Whether the signs of Respondent, Cannon Motel, should be removed for violation of Chapter 499, Florida Statutes, improper setback and no permit to erect the signs.
Findings Of Fact Cannon Motels, Inc. was served with a violation notice on October 18, 1976. The alleged violation was that the Cannon Motel signs were in violation of the state statute inasmuch as they had been erected without first obtaining a permit from the Petitioner, Department of Transportation, and they violate the setback requirements of Chapter 479. Petitioner, by certified letter dated November 11, 1976, requested an administrative hearing. Respondent moved to continue the hearing on the grounds of improper venue, lack of jurisdiction and failure by Petitioner to follow the technical rules. The motion was denied for the reason that the venue was proper being in the district in which a permit for an outdoor advertising sign must be obtained; the Hearing Officer has jurisdiction under Chapter 120, Florida Statutes, and the parties were fully advised of the issue to be heard. The subject signs each read "Cannon Motel." One is located one-half mile west of State Road 85 facing Interstate 10 and the other is located 1.3 riles east of State Road 85 facing Interstate 10. The sign east of State Road 85 is 30 by 12 and is approximately 18 feet from the nearest edge of the right of way. The sign that is west of State Read 85 is approximately 38 feet from the nearest edge of the right of way. Both signs were erected within 660 feet of the federal aid primary road without applying for or securing a permit from the Florida Department of Transportation. At some time prior to the hearing but after the erection of the signs, the area in which the sign located west of State Road 85 was erected was annexed by Crescent City, Florida. That area in which the signs are located is unzoned by the city and zoned agriculture by Okaloosa County.
Recommendation Remove the subject signs within ten (10) days of the filing of the Final Order. DONE and ORDERED this 31st day of October, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James E. Moore, Esquire Moore and Anchors Post Office Box 746 Niceville, Florida 32578
Findings Of Fact Respondent maintains an outdoor advertising structure on the I-95 southbound lane facing north, 13.94 miles north of the Brevard-Volusia County line. Sometime between August 6, 1975 and January 12, 1976, the face of this advertising structure was raised six to eight feet in height. This was done by extensions being placed on the original poles upon which the structure sits. The structure retained its same face size and lighting. The face of this structure was raised at the request of Respondent's client in order to retain that client's business. No evidence was presented to show when this sign was originally erected. No evidence was presented by Petitioner, Department of Transportation, which would establish that the subject sign is or is not located at a "commercial or industrial zone" or an "unzoned commercial or industrial area" as those terms are defined in Section 479.01, Florida Statutes. The subject sign is located approximately 15 feet outside the right-of-way of I-95.
Findings Of Fact The Respondent, Catalina Homes, Inc., owns an outdoor advertising sign with two faces which is situated on State Road 50, 2.9 miles west of State Road 435, in Orange County, Florida. This sign faces eastbound and westbound traffic on State Road 50, and the location is not within any city or town. State Road 50 is a federal-aid primary road, and it is open to traffic. The subject sign is visible from the main traveled way of State Road 50. Orange County is a zoned county, and the zoning at the location where the Respondent's sign is situated is agricultural. There are not three business locations within 800 feet of the Respondent's sign and the subject sign is within 660 feet of the right-of-way of State Road 50. The Respondent's sign is approximately 750 feet from a sign which has been permitted to Cashi Signs, Inc. The Cashi sign is located to the east of the Respondent's sign, on the same side of the road. There has been no state sign permit issued for either face of the Respondent's sign.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's two-faced sign situated on State Road 50, 2.9 miles west of State Road 435, facing eastbound and westbound traffic, in Orange County, Florida, be removed. THIS RECOMMENDED ORDER entered this 16th day of April, 1985 in Tallahassee, Florida. WILLIAM B. THOMAS 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 16th day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Hon. Paul A. Pappas Haydon Burns Bldg., M.S. 58 Secretary Tallahassee, Florida 32301 Department of Transporation Haydon Burns Bldg. Tallahassee, Florida 32301 Mr. Robert A. Bruno Vice-President Catalina Homes, Inc. 1344 West Colonial Drive Orlando, Florida 32804
Findings Of Fact The district outdoor advertising sign inspector inspected the sign in question alongside SR-10 in July 1979, found no permit on the sign and a permitted sign facing the same direction 440 feet from the offending sign and on the same side of SR-10. A check of the files revealed no application had been received for a permit for a sign at this location. Representatives of Tom West Homes, Inc. were contacted and the ownership of the sign was acknowledged. A representative further acknowledged that notice of this hearing had been received. SR-10 is a federal-aid primary highway.
