09/08/1986
rTf0"J
@
o
@)
:~~ I'~~ J '!-. ,
..i~~ ~~;r\~f l r~"{~ :P;~fo
~, , ...i";,,~ ::"\}.,,f;,rt) ..,1,.1,..-:.......
,"'.iSil,l'.:~~it,-\,g.:: i. h:}~1?t,,: ~!k7;,;;:;..:, ':(..~"H ,,;~:<1i II, \ . '1t,~ '}
lirZi~~~+~~;.~J tr~t~~?{t (~;;JI.V j~ ;-i1iti" ~~~\';;;';l~: ~::f"r ~~:H [I ~ .~L~ :{i..~} ;t:'~1 ~ ;'lf~:-I,'1
.~tv~,;~.)~:"t~~~;~ \t~~r.*rl~i{~~~'~.~: '.'~ )~2~}/'~r~ f..I~:~ ~1.l.t~ \":ttt<~'~t~~':!;;.ir\ ~:'~::~ !~t ~...~
~Y~~J ~ ti"'!1~I{t~~~ "",~ i~~l.... "'t.~t' .~j~"""t~l + I ;,; +~. .....j.{",.l''i\...i.... '," ,'- ~;1 iJ"t' . ~ ..t. ,'1\'"1...'../ .,.....i1.1,,~-to,...I'~.,',:t~ r
\... -i;.... :~1'~1..' ;..t~fj (;I~'''''.r; ~)~' ,."J::\.\';',' '..I". '... ....,rt;..;1~~~:...~'~..'1:1-i.~~~'i. ....:.,.l..U'} .~, ~ !:'k
\,\, '-,...,'i.l ~.;i'~.ii-(i" )?IJ.'l~","';r."....),~t-"'.~'.{... ~?:-~v'lf~o ."'.\.....~.,.t ~ . ~,l,~~'l~.t ~ ~~... nVJ." 1.,~.~1;.lr",,~.~~,:;;"\:..,~~f!~t:r~
'l)"t', ~ (:'l~,tSfr~~,~~~<\ \~'~'f\l:t~ ~:; "';:;::/'k.:!"'~~: i1~~'~IT ~~=\ ':f~.~.~ ;.\",\,E ~~:!. "J~ .' ~~: "i/\,~, . ~~, ~(~} \~~~~\~l~~.j ~I~':.~ r~l~~l..oJ-~ , <. ~
~!:{,;,..":j t/'~';{ ~."Jr. "(~~'11;'1 ~'i.~~-H~~'r~r:...~{ -t") -Lr ...., !~\ ~ .\l,,:-'~!.t~ fe' ~ r( ,~,l: ~\.~ 'f ; ~... - .'t r 'y,t} ~ ~\~ ~d,. \.~~.:.L\11 '. ,.-.1.."t-tl !J./~".~ht:~~~,1\~1
:, '.j' J!~.~\~~i;).~.:\.,;; ~'JY\'r-:,- ~ ,{.i ;.;/\'f\~.'f~Fj;~.o#"~ ...~. '~~-!t\H',~ ..,~~:.~.:;~:;...;~.:.~\t:f'~~~~;'~':,<~~')j\'n~.j.l t:,t ),~'!;..r;i;"~.Y<\~~~i>;\\:\~~~. ~ l
. t'''>\ ....,~{"'.. ~.\'-~ ;;jr. ..,. ~. ,\:;~.. ~'~~J I" . '. ~. 'J'~ ,..... 1.,.1.:.' ',1 1-~'\- ~,F,,' ,- .,.~' ...,., \-1,11 '\ I ~\"i" ,,,,,,,,.,\ ,;.; .~f I. r
J~::n}$\i.~~~~~~)!t?;~.}{("'~\ ....~.iS.(:~,\{l-~: .~ 'i.~!J},: \'~~ ().~:' ,: '~"'; : l.~ '..i i:- : \..4....~'~: i ,~.,~ 1)'.';'~' . ~/,~' I ......~~~~:; i~~\lr~ i,~ .:l: ~t~l "}kt>i J~l~':"jl::~ l1 !~"~?l~t.;.;i .
~,'~; \ ....r~t~-~;.~ l-~:~,..~,t,{~J,~~ 1.,~,!.;~t'!,.~., ~~/...11;:.~!'~ll~j,,:~~'.;.~r' ~.IY '~(i';, ~~.l;; ~ ,\;\) "';"',:~,\i..T ,,; :.~.~ ,~\. / :~\.::.+}.H~),) V. ~'.,;:,f~;.:~<-:}.{J~:';;"~ 'b':~;'~:,:<( :.:it~i .
~~'l{.~-~~,,,;: ..../'+...~.. ."3.-\~";'~ .:..~1.\\' J~'\'rL r. -'1,!\:.( .i......~'~ ~ ;\..~ ~\ ... ......~, ~ . .... .... \t.,;, '":\~' ~..,~. j to > \~.1 .~.... ..1 . '" ". ~. t I ~~ ':~ r: c'.! ~:t I ~/, " ,(j! ...1"'i~tr ~ ~if'... ~:);,(I "i,'r:t~
1:;"~:rljJt'.e.-:~~I.,.~\4J>'\~"" .,.....t....r-.~h,.\...h. jo>':....;:;I..\.-...(.....::t ~,.~',/",,' ,..!I."-.~ .-[.,\~...(~r.J.';...:..l~l..:"\~,.~..".II,..\~~v~.~ 'l-jJ."I~,Jr'..-.-J'.."I..'11~ ;j.~."
. . 'If ~-'I.''+t r. ',.~i,.Q If'~)'1" Iff "/'~~ ~ ...:,.;.~ '( ',~ --[-.. \.. . ".':J:~!~.'" }'. ,.... \. ..... '.::..~, '. L i '. ~".}, .I ,: . t: '~." . ",..' ~.~. .;,,, ; 1 \... ~ l.~, ',' :.,.... ~ ,~:" ~:..): " >~ 1 ~..;... !':~ \":.,.: t~>:'1/"'~' \'~~'>~(~
~fri.\'!:..t~T~~ !Lt..~ j)/~i~;'~~ ~".?>~.e ~ " :;,-;-. ~:, :/.., ~~'-< \ . '~;r .lri~ ~. ~'T" : J." ~."I ::-:\ ,(.- r ' l..~~/...~l,:.. :":' ~ "'/ :~: )'~ ,,~~': t:' ~ J';"t .;.<,. '"::....~~~> I~ ;>..j:: I~: '; i V: ~ J~~'~'!J-:;:.~~l }.a'Ii: ~t~
;:f.~..'i~....t:,~.C~...~~,f...} .:'J/;('1 ~ \l' ....~.~ \j '; }: - ."'~~ )~. ~ 1'\ "1 ..,~; '. c'". )\~:,? ~ ,ii .J}!, '.. :..:0', .' I .' . ~ "<-' '.l,"\-; (, ~\~ ~ l'~' t '." ~. i., L,'-,'1-. ~\t,!-... , t.; . .~!!. --(.., \..... -. '~.l) .~.11 ::'l ~;~. :;..~ ~~ 1.:\ ~''';1:.t
:t (:;h\\rl;rf;:~~~;l~~~i.:~\': '~:~;'~f{/;' ~l f; :'o~"~~f~:,\~, ; .,:.~, >~', ~:lJ~; ';.! .~, t-: ':., '. .:.~ ~;:.:. ~ ' }:':,'. .~~ p '<..~ J :."j /:;; ~{ .....~ I ~\i:> ~ i ;~)~ (;~,~:'~ ~J(: {i:1<!-/;~;"~ ,'.~ ._~);~~E~1'~.~/\,\~i.~1!r.;1~t'f~
c~~.t; ~~:~;~}~~~;~0~ ~~;~~:&if~r\ ')?:{.:;/: ;\{;~.~'~;':: j~:l::~~~~!;:,~~~: ~~: ~;i~'::: ~.:' '~::'" ,: ': :;': ~ :!:"~~' X:,~;, i '.' ~;t ( ~; ! <~:~'1 ::'.:i:,\: ~/.,i;\.:'~~.~ ,:\:;;;\~:: 1\:~i:!7~:i';~ J~,: \~U,~~(t!':J~~~~
,:t\"H:r'.~~. ,Y ~~..:td~ tt.\.~.,~l,~t....,.~. I \!~~l'''''~ i..t~i..~ :-..:\.i~.{~ 'I":"',.";I.\/,},." ~.\\'.'~...t :.,' . ~'."'I...-,.r., '1"\' :':".,,\~.: ,'. '........., 'f flJ'.~ '.'( ,..'-",\.~...,;.:~'~L '.',~;.~j. 1~5l,"'!1t'1...~:
.../"/ ~L. ,::1,. >,;. ..../~, \ i,'''1'' ;h ",).i (~I ~ :\ :1" J ':' ~ ~\}~ )~"':;"'- . i" ~, :'(', ..... ~ ~" t :',. t~ l! I " . 4'..; , ,~ ., " ~ t ; \ R" } t:+ I, ~ , " t ' '. ,<". 'J.L: ....~ 1 ~ , ~.~ ~ .: ~ ~ ~:.l ~.: . ~ '. . :." "':: , :!i! .", : ~ ~~ . ,.,' r~ "'I ':~.~." .. .>"':- \.~ '~~I!\ ~
.t~-:t~t~~~k""~t~~"'i1'I""l"'~":~';~t}'.IJ,",h:." (1-11'.';:; ....~~~,......\~.\~d~t ,\,,\ ;'~ f,.:,;~.~ ....,. ,.,,~.~...~~~t\~. ~ 't.~~ - .'1......~1 i~.{~.1.I,.~t;~ o'~ ~;.:..~.., r.{ir.....~I.tJ~.!C,~I.'l-:
..~.'j ~~, rl ~I.J; f:\I~~~...r(~:~~,..fff~1..t <)~v.)~ ~\ j ::', ,,~~:/ (',~::J.>... ~ .: ~~ '~,,; ~:...~ .~'( ,I.;. . ?_;_~~. '.,' "':.>~ , ,.;tl ~. .:.) . .. ....: . ',;:;, :, f~" l'{.Jr,,'\ ,~~ ~ '~~, ~: " 'I: . "-r-> .:" h' '.~" ,I ,..' . ,'. > ~ l~ L( }~:~"'-~.t:.-t~~ ~
__..........................-:u~_~__..............._ ..... I'"".-t..........,_ , (..I'1'i-l1.i'i..........
'.:.,,-<'\(f~i_~~
if? '....;;~'4Y'J
.~i'.~~ +0. .~~~
l' ;;'",li'j"'r>:,
:, ~"'~~~ti~;!t~;~
..... t ;.."..l..J;..
;!tJ" ~.;,'....."'n:~
. <1''>'''..
,':: :f~J. ~'~ ~ ~
,.:j.~I:~!t\
lj1.~~l~~
Sandra Glatthorn stated the request is for a varianoe of parking
spaoes and for one parking space to be in turf bloek. The varianoes are
neoeesitated due to the petitioner's desire to add four olassrooms. It
was determined at the hearing before the Development Code Adjustment Board
that only 11 spaoes were required and, therefore, the varianoe is for only
6 parking spaoes. The Board did not feel there was a hardship and denied
the request. The appellant indioated there was room for the parking spaces
but it would entail removing some of the children's play area.
Rebeooa Guerrero, whose ohild has attended the sohool for a little
over a year, stated that before there was a drive-through, children darted
from behind parked cars. A drive-through has now been installed and an
employee of the sohool greets the ohildren at the door. Any oonferenoes
held with parents ooonr after school has closed and in the evening.
Mrs. Warnes oross-examined the Planning Offioial with regard to what
oonstituted a minimum variance, whether there was a set standard for a
minimum, whether variances are permitted, and if the hardship related to
the land itself. The Planning Offioial stated the hardship referred to
the oonfiguration or the property, looation of trees, and what ourrently
exists on the property. It is up to the Development Code Adjustment Board
to determine whether there is an undue hardship.
Patrioia Warnes stated she filed her applioation on June 3, 1986 for
a varianoe of 7 parking spaces whioh was ohanged by the Planning Department
to 19. She pointed out there was confusion as to whether parking for the
existing building was grandfathered in or whether it had to be brought
up to Code when the addition is built. The school has been in operation
for 31 years. She has a verbal agreement with the neighboring churoh,
whioh has been in effeot for many years, to allow her staff to park in
their lot. She feels that she was at a psyohologioal disadvantage because
the Board initially thought she required a total of 24 spaoes. She is
no longer seeking the varianoe for the surfaoing requirement for one
parking spaoe as the City Engineering Department has developed a new system
for watering and feeding large trees. There are currently six people,
including herself and her husband, working at the school and there is a
ourrent enrollment of 110 students. She desires to put in 5 parking spaces
but feels that putting in the other 6 would be a detriment to the students
beoause it would neccesitate the removal of much of the play area. The
Department of Health and Rehabilitative Servioes requires there be a
certain amount of play area for the students.
The Assistant City Attorney stated that the proposed plan may be in
the best interests of the ohildren but a varianoe of six parking spaces
is needed and it is the petitioner's burden to show that the Board was
in error in not granting the varianoes. The Board felt there was no
hardship and a variance oannot be granted if the hardship 1s self-induoed.
Standards are established to help prevent over-building of the property.
2.
9/8/86
. , . . '.1 r.'t r . ... ~ .'T- ........
" <.~, :,;,;:,2 " '::!:e:: ;i;~1~;~ ';(,? ij;~1~f~~j
, ,
. o'~ :.,'c.,!:;.... ."""~....
48
-
The Hearing Offioer advised any findings of faot, conolusions of law,
and proposed orders should be sub~itted within ten days.
The hearing adjourned at 11 :'51 a. m.
'i)
koM/ ~~
Deputy City Clerk .' ',;
"
;,'
/+~'
6'
~' J
"
:}
,"
(19
3.
,
9/6/Bb
.j
:.. .~ ~:.
FINDINGS OF FACT
(1) Petitioner owns an interior lot located at 1615 Union
streetJ Clearwater, Florida. The lot is approximately 143' x
363'. The existing building is locoted in the northwest quadrant
of the property. Directly west of the existing building is a
narrow strip of land approximately 13J wide; to the east of the
existing building is the childrenJs play area. At the north end
of the property is a circular driveway that is used by the
parents in delivering the children to the school in the morning
and p~cking them up in the afternoon. There is currently no
parking provided on the property.
(2) ,Petitioner 'plans to add four new classrooms to the
school, which classrooms would be located directly south of the
existing buildinB. Three additional employees would be hired.
The City of Clearwater Land Development Code requires two parking
spaces per classroom in addition to one parking space per
employee. Thus, a total of 11 parking spaces would have to be
added due to the proposed addition. However, Ms. Warnes was
advised at the time that she applied for the variance that, if
the addition were added, parking would have to be provided not
only for the new addition but for the existing facility as well,
a total of 24 parking spaces.
(3) On May 19J 1986, petitioner submitted a request for a
c _
variance of 19 parking spaces, so that the school could ~rovide 5
parking spaces in lieu of the 24 spaces believed to be required.
Petitioner also requesced a variance to permit one parking space
with turf block. Petitioner stated that the requested turf block
variance was not at issue in this appeal. On June 26J 1986, when
the variance request was before the Development Code Adjustment
Board, the Board recognized that the parking requirements would
be based solely on the parking needed for the building addition
.
and was aware that a variance of only 6 parking spaces would be
2
., <If: . Ie . < ~.~ > . ~. ~. c .. _ .. ... .
~',ljv.itf.:""'"~''''''J:.''~'C'hlJ'''''''rijio{V''''' "'''', ,> ' c,,' 'I 'c'.;"..' {I,' . ''" ,,", .',. ...", "'" . ""~ "'~A' "
'.,."..V{t,. ':":, ,~"~,;".,, !1~,~y'[~1~~~i~~:~*,i~tt:T:;~:';';!f::,:i.~;N'i,\~,~iJr~K{~rq,;:+i;f:;~~rt~y\,;", "'~ ".,
G
c;).
~
c:A
~
~
@
.
required if five parking spaces were provided. The Development
Code Adjustment Board deni~d the variance because" it did not
arise from a condition unique to the property, because no true
hardship had been shown, because it was more than a minimum
variance needed to meet petitioner's objectives, and because the
variance would violate the general spirit and int=nt of the
development code.
(4) Petitioner proposes to place 5 parking spaces along
the existing circular drive located at the front of the school.
To provide, any additional parking, the area located to the east
of the school building would have to be used. This area is
currently being used as a play area for the younger children at
the school. A concrete slab is located at the north end of the
play area. The remainder of the play area consists of a
shellcourt which contains swings, merry-go-rounds, sandboxes and
Munky Bars. Three oak trees are located in the play area. The
concrete slab is approximately 23' x 75'.
(5) Petitioner contends that the existing play area is
required to meet the educational needs of the students.
Petitioner also contends that the existing play area could not be
relocated farther south on the property because the grassy area
. at the south of the property is used by'the older students for
their games. The rear of the building could not be used for
parking withou~ disturbing the play area located to the east of
the building because the amount of property to the west of ' the
existing building is insufficient to allow both ingress to and
egress from the rear of the property.
(6) Petitioner currently has an agreement with the church
which owns the adjoining property whereby the school staff
members are allowed to park on the church property. However,
this agreement is not a written agreement.
(7) Although Ms. Warnes stated before the Board that the
3 oak trees located in the children's play area would have to be
3
f
,t :.. ~
8;
,".
Copies furnished:
Patricia Warnes '
North Easte~n Educational
Services, Inc.
British Academy' ,
1615 Union Street
Clearwater, FL 33515
'"
, I.
1/. '
,)
,~ ,
Miles A. Lance, Esq.
Post' Office Box 474A
Clearwater, 'FL 33518
.Ci~dy Goudeau, 'Clerk
City of Clearwater
" City' Hal.l' ,,'
P'~ O. Box 4748
Clearwater, FL 33518
"
. I
" :
I"
\'
. ~ '. ,. . .
.
, ..
, .; 7' .".': .: -. > . ,: I > ~:
.' f:. j . ~ '. T
. . . .. ~
. <..
,~ .' 1 .
. \.: '
, ,
, I.
I.
" '
!.;
'."\ '
'-\) ,
,.
;'
..
I'
'~
T } > .~ ~ . j c.. .. . . .
, " ..:~: :. '.: ~. L ;'c>:: \ ..a:.."....~..... .,
... '. < ..... ',"~' ~ .
: . ". :
..,
, ',.'\
'..,
,. ,I,.'
,\
I,'
!'
. i
..
,
'.
6