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Home My WebLink About01-05-1976 Regular MeetingY Sr l TIIE FAIRIIOPE PLANNING AND ZC:4"ING COMMISSION Minutes for meeting January 5, 1976 The Fairhope Planning and Zoning Commission met in regular session on Monday, January 5, 1976, at 5:00 PM, at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama with Chairman John Parker presiding. The following members were present: Mr. Itarford Field Mayor James P. Nix,"Mr. Cecil Pitman, Dr. Pierce Fredricks Mr. Chester Billie,�4r. Jack Kirk, and Mrs. Leona Newman. Mr. Barney Shull was not present at the meeting. The planning consult- ant, Mr. Pruitt was present. V� Mayor James P. Nix moved to approve the minutes of the December 8, 1975, meeting with the following corrections: 1. Page #2 Paragraph 1: Change from highway 90 to Highway 98. 2. Motion made by Mr. Harford Field concerning Dyas rezoning: Reason #3. Correct from immediately across Highway 98 to Highway 104. Mr. Cecil Pitman seconded the motion. Motion Carried. Mayor Nix.made a motion to rescind the action taken concerning the Dyas property, at the December 8, 1975, meeting until the Fairhope Planning Commission met Frith the Fairhope City Council in Joint,Public Session. Mr. Jack Kirk seconded the motion. Motion Carried. II. The first matter brought up for discussion was the proposed subdivision of Mr. W. M. McQuillen. Mr. McQuillen stated that he wanted to divide eighteen (18) acres of land into two (2) nine (9) acre parcels. Mr. McQuillen said that he had no further intentions to subdivide his acreage, and therefore felt it would not be necessary for him to have to pave the road according to subdivision regulations. Mayor James P. Nix made a motion to grant preliminary approval of Mr. McQuillen's project with the following stipulations: 1. That Mr. McQuillen dedicate sixty (60) feet of land as a public right -of. -way, with thirty (30) feet to come off of each side, with final approval to be given after public right-of-way has been dedicated. 2. Also improvements required by the subdivision regulations will have to be developed before Mr. McQuillen can further subdivide. Mr. Cecil Pitman seconded the motion. Motion Carried. III. Chairman Parker discussed with Commission members the correct procedures involved in the appeal of cases to the Board of Adjustments and Appeals once such cases have been recommended denial by the Fairhope Planning and Zoning Commission, and the rezoning appeal denied by the City Council. iv. Mrs. Leona Newman was welcomed as a new member of the Fairhope Planning and Zoning Commission, replacing Mr. Ray Gibson, with present term to expire in October of 1976. (Over) d I y �. Mr. Pruitt was ca:ied on to explain his understanding o� w`k�n ` and under what circumstances Zoning Ordinance ar:endment actions of the City Council can be appealed by a property owner or citizen to the Board of Adjustments and Appeals. He pointed out that these actions were generally not appealable to this body, and only when individual cases of hardship were evident or there is an alleged error in a decision and/or requirement made by the Zoning Enforce- ment Officer Stearns in enforcing the Zoning Ordinance would it be proper for the Board of Adjustments and Appeals to hear cases. In any case a proper appeal within the jurisdiction to be heard by the Board of ,Adjustments and Appeals should not be granted a variance from the Ordinance if it impaired the purpose and intent of the Ordinance. The Kilgore rezoning denial was cited as the case in point that is not appealable except to a court of law. VI. Mr. Harford Field read to the Commission members a letter he had prepared at Chairman Parker's request to promote public relations with the Fairhope area garden clubs, citing Section 6:_7 of the Fairhope Zoning Ordinance pertaining to outdoor signs and Section 6.94, so they would be familiar with these new provisions pertaining to offstreet parking and landscaping requirements. Mr. Cecil Pitman moved that the letter of information directed to the Fairhope Garden Clubs be approved for distribution. Mayor Nix seconded the motion. Motion Carried. There being no further business to come before the Fairhope Planning and Zoning Commission. The meeting was adjourned at 6:15 PM. Approugd by Commissio BY: R W ectfully submitted, 4L,yn�nAdams� Secretary Fairhope Planning Commission n /``e Chairman 1976 319 MAGNOLIA AVE. 928-2191 JOHN V. DUCK RON E. KOPESKY ATTORNEYS AT LAW P. O. BOX Y FAIRHOPE, ALABAMA 36532 December 17, 1975 Mr. John S. Parker, Chairman ZONING AND PLANNING COMMISSION Fairhope, Alabama. 36532 Dear John: In answer to your letter of December 15, 1975, I cite you Title 14, Section 393 of the 1940'Code of Alabama as re- compiled in 1958 which reads as follows: "EXECUTIVE OR SECRET SESSIONS OF CERTAIN BOARDS FOR BIDDING" --No executive or secret sessions shall be held by any of the following named boards, commissions, or. courts of Alabama, namely: The Alabama Public Service Commission, School Commissions of Ala- bama, Board of Adjustment, State or County Tax Commissions, Any Court of County Commissioners or. Board of Revenue, Any City Commission or Municipal Council, or any other body, board or Commission in the State charged with.the duty of disbursing any funds belonging to the'State,.County or Municipality, or Board, Body or Commission to which'is delegated any legislative or judicial function; except that executive or secret sessions may be held by any of .the above named boards or commissions when the character or good name of a woman or man.is involved. Since the.Zoning and Planning'Commission is a Quasi Legislative body, having the right to set rules and regulations for subdivisions and also has the right to disburse municipal funds as .set out in Title 37, Section•790, it is my considered opinion that no secret session may be held at any time by either the Zoning and Planning Commission or by the Board of Adjustments of .the City of Fairhope. I sincerely trust this answers your letter of December 15, 1975. JVD/jk Yours ery truly,., t `y J OHN DUCK TY A'TORNEY cc: Mr. James P. Nix, Mayor cc: Mr., Harford Field, Vice Chairman Zoning and Planning Commission cc: Mr. Clarence McCoy, Board of Adjustments City of Fairhope P. O. DRAWER 429 FAIRHOPE, ALABAMA 36532 December 15, 1975 Mr. John Duck City Attorney 319 Magnolia Avenue Fairhope, Alabama Dear Mr. Duck: The Fairhope Planning and Zoning Commission has'had a long-standing procedure for which the legality has been questioned by an applicant for re -zoning who appeared before us at our meeting of December 8, 1975. Our procedure has been as follows: 1. We hear:- public comment on any advertised public hearing. 2. lie hear the presentation of the,applicant for. re -zoning. 3. We asks the Planning Commission members if. there are any questions they would,like to ask of the public or the applicant. 4. 'We call for a show of hands of those property owners within 300 feet of the applicant's land parcel, who are in favor or opposed. 5. lie ask for a show of hands of all interested parties attending the public hearing to indicate those in favor of the application and those opposed to it. ' T G. We then go to other topics on.the agenda involving people attending the meeting applying for sub -division approval, or another re -zoning application, with the objective of hearing all comments and questions which people'atteiiding.the meeting wish to address. 7. We then commence.discussion among the Commission members' regarding the decisions that have.to be made at the meeting. These discussions are carried on after ' all'people have been heard and the room has been cleared. The intent of this practice has been to afford open, objective discussions, free of the pressures imposed by interested parties being; present, and possible unrelated influences being imposed on the voluntary, uncompensated efforts of the Comlii.ttee members. THE CITY OWNS ITS WATCR WORKS, ELECTRIC DISTRIDUTION SYSTEM, GAS SYSTEM AND SEWERAGE SYSTEM