Brown v. Jefferson

203 So. 3d 1213, 2014 WL 1328337, 2014 Ala. Civ. App. LEXIS 60
CourtCourt of Civil Appeals of Alabama
DecidedApril 4, 2014
Docket2120412
StatusPublished
Cited by2 cases

This text of 203 So. 3d 1213 (Brown v. Jefferson) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Jefferson, 203 So. 3d 1213, 2014 WL 1328337, 2014 Ala. Civ. App. LEXIS 60 (Ala. Ct. App. 2014).

Opinion

DONALDSON, Judge.

Ann Brown appeals from a judgment entered by the Madison Circuit Court (“trial court”) granting a variance that allows a reduction in the number of required [1215]*1215parking spaces for Brown’s business, Ann’s Studio of Dance (“the dance studio”), subject to conditions imposed by the trial court. We affirm.

Facts and Procedural History

For 44 years, Brown has operated the dance studio to educate students in dance and gymnastics. The dance studio currently consists of two buildings situated on two lots on Whitesburg Drive in Huntsville. Although the two lots on which the dance studio is situated are zoned for commercial use, the dance studio is located in Gwyn Home Sites, a .residential subdivision. Since September 2010, Joseph P. Jefferson has owned a house located directly across from the entrance to the parking lot of the dance studio.

In 2005, Brown planned a major renovation of her property that involved renovating an existing building containing two studios, tearing down an old house on the property, and replacing the old house with a three-story building containing a new studio. Brown intended to provide elite dance instruction in the new studio, which would contain a specialized floor and. a 20-foot ceiling. The plans to renovate the property required approval from the City of Huntsville. .Brown retained an architect, Eric Milberger (“the architect”), to plan and design the renovation. At a meeting with the Board of Adjustment of the City of Huntsville (“the board”), the architect detailed a plan to address the traffic issues associated with the transportation of students to and from classes at the dance studio. The plan was to alleviate the overflow of vehicles into the public streets by allowing drivers to form. two lines of vehicles through the dance studio’s parking lot when dropping off and picking up students. As . part of this plan, directional signs would be posted and parking spaces would be arranged to enable cars to form this double queue. As the trial court described in its judgment:

“[Brown] hired an architect who prepared building and site plans which were submitted to the City of Huntsville for approval. However, those plans misrepresented the square footage of the buildings to be renovated and constructed on the property, as well as misrepresenting the number of parking spaces which would service the constructed/renovated property. The plan submitted by her architect to the City of Huntsville for approval actually misrepresented that there would be more parking spaces on the property after renovation ■ than would, be required by the zoning ordinances of the City of Huntsville in effect at that time. As a result of that misrepresentation, a. variance for parking was not deemed necessary, nor was a parking variance requested at that time. There were variances that were needed, requested, and approved for the front setback and landscaping for the renovated building.”

Under the provisions of the Huntsville Zoning Ordinance in effect in 2005 (“the ordinance”), the dance studio’s parking lot was required to have at least 24 parking spaces. The parking lot, as designed by the architect, however, has contained only 16-18 parking spaces since the renovations and construction were completed.

The record indicates that since 2005 residents of the property surrounding the dance studio have complained about traffic congestion as a result of the cars lining up at the dance studio. Jefferson’s discovery of the discrepancy between the number of parking spaces required by the ordinance and. the actual, number of spaces being provided by Brown led to the underlying legal proceedings between Jefferson and Brown, as described by the trial court in its final judgment:

[1216]*1216“A complaint was lodged with the City of Huntsville in 2012, and the Zoning Board for the City of Huntsville issued a notice to Ann Brown that she was. in violation of the zoning ordinances of the City of -Huntsville, with the violation being that she needed 24 parking spaces to service her property. Thereafter, she requested a variance, which was denied. She then appealed to the Board of Adjustment for the City of Huntsville, seeking a reduction in the required number of parking spaces for her property to 18, which was granted, subject to a condition that the employees of the business park ‘off-site.’ ”

Jefferson appealed the board’s decision to the trial court, pursuant to § 11-52-81, Ala.Code 1975.

Jefferson and another individual also filed a separate action against Brown and other defendants. In that separate action, Jefferson claimed damage resulting from the traffic issues and sought compensation from Brown. The trial court declined to consolidate the two cases, and the separate action remained pending throughout the duration of the underlying proceedings. This appeal addresses only the trial court’s judgment relating to Brown’s request for a variance.

The trial court conducted a final hearing on the merits on December 3, 2012. During the course of the hearing, both parties presented evidence regarding the public’s interests in the issue presented by the case. For example, Brown and her daughter, who is a teacher at the dance studio, provided testimony regarding contributions to the community the dance studio has made. Jefferson presented evidence and testimony showing that the cars lining up at the dance studio to pick up and drop off students creates traffic congestion. The trial court described the traffic situation as follows:

“Even though [Brown’s] business has fewer students now than it did in 2005, it still has 582 students at present, most of whom are under driving age, and must be dropped off and picked up for classes at Ann’s School of Dance, which begin after school at approximately 3:30 p.m., and end at approximately 9:00 p.m. on week nights during the school year. When her ‘patrons,’ as Ann Brown referred to them in her testimony, come to pick up the dance students, they do not come in and park in the parking spaces provided on her lot; but instead, they enter, as required by Ann Brown, through the driveway located on Center Avenue, line up in rows of two, side-by-side, pick up their students, and exit one vehicle at a time through a more narrow exit onto Whitesburg Drive, which is a heavily traveled road, through a ‘funneling’ procedure. Some patrons are allowed to even turn left onto Whitesburg Drive as they exit the Ann’s School of Dance property, even though it is illegal to do so.
“Numerous patrons picking up dance students line up in their vehicles along Alabama Street and Center Avenue, waiting to enter the Ann’s School of Dance entrance on Center Avenue, creating an extremely congested traffic situation and a dangerous and unsafe condition, not only for those patrons, but for any other citizens who travel on Alabama Street and Center Avenue during that period of time. In addition, the owners of homes in that subdivision, known as Gwyn Home Sites, are often denied access to their own driveways, and the opportunity to even park on the street in front of their homes, as a result of the severe traffic congestion created by the patrons waiting to pick up the students from Ann’s School of Dance. Even though Ann Brown staggers some[1217]*1217what the starting and. ending times for her classes, the traffic congestion is so bad that it denies the owners and occupants of homes in that area, including the Plaintiff, Joseph P.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
203 So. 3d 1213, 2014 WL 1328337, 2014 Ala. Civ. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-jefferson-alacivapp-2014.