Judges: K. N. AYERS
Agency: Contract Hearings
Latest Update: Mar. 04, 1982
Summary: Pursuant to notice the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on 10 February 1982 at Clearwater, Florida. APPEARANCES For Petitioner: William J. Kimpton, Esquire 487 Mandalay Avenue Clearwater Beach, Florida 33515Petitioner's request for zoning variance should be granted due to the nature of the area and the limited need of the petitoner for off street parking.
82-0006.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CLEARWATER PROFESSIONAL )
ASSOCIATION, )
)
Petitioner, )
)
vs. ) CASE NO. 82-006
)
CITY OF CLEARWATER, )
)
Respondent. )
)
FINAL ORDER
Pursuant to notice the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on 10 February 1982 at Clearwater, Florida.
APPEARANCES
For Petitioner: William J. Kimpton, Esquire
487 Mandalay Avenue
Clearwater Beach, Florida 33515
For Respondent: Thomas A. Bustin, Esquire
City Attorney
Post Office Box 4748 Clearwater, Florida 33518
This is an appeal from the ruling of the Clearwater Board of Adjustment and Appeal on Zoning denying Clearwater Professional Association's, Petitioner's, application for a special exception to construct a noncommercial off-street parking facility on Lot 70, Gates Knoll 1st Addition, located at 1550 Barry Street.
At the hearing the transcript of the hearing before the Board was admitted into evidence, Petitioner presented one witness, Respondent presented one witness, four property owners living in the vicinity testified in opposition to the special exception requested, and five exhibits were admitted into evidence. At the conclusion of the hearing the parties were requested to meet with the City Traffic Engineer and submit proposed plans he would approve if the special exception is granted. These have been submitted and marked Exhibits A and B. They are renumbered Exhibits E and F, as other exhibits were admitted as Exhibits A and B.
FINDINGS OF FACT
Petitioner owns Lot 70, Gates Knoll 1st Addition, which abuts a medical office complex of eighteen offices west of Lot 70. Off-street paved parking for the medical offices presently abuts Lot 70, but additional parking is needed.
Lot 70 fronts on Barry Street, which is the only east-west through street in the immediate vicinity and is heavily travelled. Zoning for Lot 70 is "RS 50," which is single family residential.
West of Lot 70 to Highland Avenue is zoned "PS," which would allow multiple family dwellings or business and professional services such as those for which the property is presently used. South of the area zoned "PS" the property adjacent to Gates Knoll 1st Addition is zoned "RM 28," which provides for high density multi-family use and just west of "RM 28" between that zoning and Highland Avenue the property is zoned "CS" for General Commercial use. A bowling alley is located in this area a short distance south of Barry Avenue.
Lot 70 is currently fenced and the southern and western part of this lot is used for parking a few automobiles during business hours. The north side of Lot 70 is part of a drainage easement or ditch which occupies approximately
35 feet of this property. Lot 70 is 100 feet wide on Barry Street and 105 feet deep. The north 35 feet of this lot is unusable for construction due to the drainage easement.
Adjoining property owners across Barry Street from Lot 70 oppose the special exception primarily because they want the lot to remain vacant to serve as a buffer zone between their property and the commercial development. Others oppose the application because they fear use of the property for anything except a single family residence will reduce their property values, increase the traffic in the neighborhood, and increase the noise and pollution from automobiles. Mr. Huff, the adjoining property owner whose home is immediately east of Lot 70 on Lot 71, is concerned about the proximity of the parked vehicles to his home. The existing fence is some ten feet from Huff's home.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 131.043, Clearwater Building and Zoning Regulations, provides:
The following is permitted as a special exemption in an RS-50 district as regulated in section 131.016: Noncommercial off-street parking lots (not operated as a separate business) or spaces on vacant lots or portions thereof for parking passenger motor vehicles.
Section 131.016 provides generally that no variance shall be granted unless certain of the following appear:
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 liberal 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.
(4) 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.
This area is already multi-family, professional offices and general commercial activities, which generate traffic. Whether Lot 70 is retained as an unimproved lot or converted into off-street parking will have little effect on the traffic in the vicinity.
The contention of adjacent property owners that the use of Lot 70 for off-street parking will decrease their property values was not supported by any evidence other than the opinion of these property owners, none of whom was qualified as an expert witness on property values.
Granting of this variance subject to special conditions will not be injurious to the neighborhood or otherwise detrimental to the general welfare. It will confer no special privilege not allowed others in similar circumstances. Off-street parking on property zoned RS-50 is specifically provided for in Regulation 131.043 above quoted.
From the foregoing it is concluded that the variance to permit off- street parking on Lot 70, Gates Knoll 1st Addition, should be granted subject to the following conditions:
The parking will be limited to the southwest corner of Lot 70 and will contain no more than 14 parking spaces situated on Lot 70, as shown in Exhibit E, with a 35-foot buffer zone between the parking spaces and Mr. Huff's house to the east.
Petitioner will leave a three-foot buffer zone between the parking spaces and the western edge of Lot 70 and a five-foot buffer zone fronting on Barry Street. Landscaping will be provided along the eastern side of Lot 70, from Barry Street north to the drainage area, to screen the property east of Lot
70 from the parking area.
The parking will be used exclusively for parking by employees of the medical center.
FINAL ORDER
It is ORDERED that Clearwater Professional Association be granted a special exception to pave the southwesterly portion of Lot 70, Gates Knoll 1st Addition, to provide off-street parking subject to the conditions noted above.
DONE AND ORDERED this 4th day of March, 1982, 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 4th day of March, 1982.
COPIES FURNISHED:
William J. Kimpton, Esquire
487 Mandalay Avenue
Clearwater Beach, Florida 33515
Thomas A. Bustin, Esquire City Attorney
Post Office Box 4748 Clearwater, Florida 33518
Ms. Lucille Williams City Clerk
Post Office Box 4748 Clearwater, Florida 33516
Docket for Case No: 82-000006
Orders for Case No: 82-000006
| Issue Date |
Document |
Summary |
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Mar. 04, 1982 |
DOAH Final Order
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Petitioner's request for zoning variance should be granted due to the nature of the area and the limited need of the petitoner for off street parking.
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