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HomeMy WebLinkAbout01-03-1977 Regular MeetingM ;THE FAIRHOPE PLANNING AND ZONING COMMISSION Idnutes for meeting January 3, 1977 The Fairhope Planning and Zoning Commission met in regular session on Monday, January 3, 1977, at 5:00 P..14.,at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama. 'File following members were present: Chairman John S. Parker; Members: Chester Billie, Sam E. Box, Harford Field, Dr. Pierce Fredricks, Jack Kirk, Leona Newman, Mayor James P. Nix, and Cecil Pitman. Vice -Chairman Leona Newman called the meeting to order. The minutes.of the December 6, 1976 meeting were approved. I. The first item brought before the Commission was the applica- tion of Mr. J. Russell Kilgore for a change in zoning from R-2 Medium Density Single Family District to R-3 Limited 1�1111ti- Family Residential District for the property identified as an acreage parcel located on the west side of Section Street at the northwest corner of Section and Pecan Streets.The parcel is a acreage containing four (4) acres or more. Part of this parcel is a building which houses a radio station. The appli- cant desires to construct a series of five (5) clusters con- taining four (4) apartment units to a structure. This being the date set for a public hearing on the above app- licant, Vice -Chairman Leona Newman presided over the hearing. Mr. J. Russell Kilgore was present to represent his application, and distributed excerpts out of the Fairhope Community Develop- ment Plan to Commission members, which Mr. Kilgore stated he felt supported his request for re -zoning as being in line with the over all comprehensive community development plan for Fairhope. Mr. Kilgore requested that these excerpts become a part of his proposal. b;r. Don Pruitt, Executive Director of the South Alabama Regiona: Planning Commission stated that he felt the change in zone should be recommended to the City Council, since the proposed usage would not result in a high -density development, and. would not result in lowering property values in the area. Vice -Chairman Newman than asked those present at the hearing for their comments. The following citizens publicly stated their opposition to the change in zone: General Frank A. Tobey, Mrs. Robert Shepherd, Mrs. Charles E. Robinson, Mrs. Leslie Bung, Mr. A.I. Bauman, Mr. Paul McGraff. These citizens were opposed to re -zoning and stated reasons such as a decrease in property value, that they had bought their property because they liked the way it was presently zoned and did not want spot zoning, they felt that it would cause traffic problems in the area, as well as drainage problems. Upon a show of hands all present at the public hearing voted against the rezoning application. I. II. The Fairhope Planning Commission Minutes for 1-3-77 con't. Page # 2 Mayor James P. Nix moved, seconded by Sam E. Box, that the application of Mr. J. Russell Kilgore for a change in zone from R-2 Medium Density Single Family District to R-3 Limited Multi -Family Residential District be denied because it has a disruptive effect on the neighborhood. Motion carried. The next item brought before the Commission was the application of Dr. Fred F. Diegman for a change in zone from R-2 NI-fedium Density Single Family Residential District to B-4 Business and Professional District for the property identified as the north 150 feet of the Carrie Young property in Lot 7, Section 17, Township 6 south, range 2 east; located at the southwest corner of Morphy Avenue and Ingleside Avenue.. Dr. Diegman submitted a covenant running with the land which specifically indicates that'the thirty -.five (35) feet strip fronting on'Morphy Avenue will be maintained as a landscaped area. The entire lot was considered in April of 1976 for re- zoning to B-4, with the 150 foot strip fronting on Morphy to remain R-2. Dr. Diegmann stated that the 150 ' buffer zone fronting on Morphy was restrictive and that he did not desire to develop residential lots, but was willing to establish a visual planting buffer between his development and the surround- ing R-2 land. This being the date set for public hearing on the above appli- cant Chairman John S. Parker presided over the hearing. i Commission members discussed whether the 150 foot strip was included in the April 5, 1976, application for re -zoning or if the Board's request that this strip remain R-2 as originally zoned made it legal for Dr. Diegman to reapply for a change in zone as a seperate application for this strip, before the applicants waiting period of one year. After a discussion, Mr. Cecil Pitman moved, seconded by Mr. Hayford Field to waiver the requirement of waiting one year in regards to the 150' strip as required by Ordinance, if there is an infraction,and proceed with the hearing. Upon being put to vote the following vote was recorded: AYES: Chester Billie, Dr. Pierce Fredricks; Jack Kirk, Leona Newman, Mayor Nix, Hayford Field, Cecil Pitman, NAYES: Sam Box and Chairman John S. Parker. Motion carried. Mrs. Eric Rice, adjacent property owner was present at the hear ing and stated that she wanted to be assured that this strip fronting on Morphy would be maintained and not further develop- ed in the future. Mrs. Rice was told that Dr. Diegman's deed would have a restrictive covenant running with the land which would specifically indicate that the thirty-five feet fronting on 1-iorphy Avenue will be maintained as a landscaped area. IV. V Page No. 3 Fairhope Planning Commission 1-3-77 minutes Mayor James P. Nix', moved, seconded by Mr. Harford Field that the application of Dr. Fred F. Diegman be recommended to the City Council for.approval, for rezoning of the 1S0 foot strip from R-2 to B-4 under the following stipulations: 1. That the thirty-five(35) foot strip fronting on Moprhy Avenue will remain R-2, and that the Yes- ponsibility of maintaining this strip'as a planting area will be with the property owner. 2. That the building set back line.will be a minimum of sev6nty-five (75) feet from the road.right-of--way frontage. 3. That there will be no ingress or egress of traffic off of Morphy Avenue right-of-way, 3.nd this will be a restrictive covenence attached to the legal land deed.. Motion carried. The next item brought before the Commission was the application of Eastern Shore Builders for a building permit, in order to construct two (2) structures( combination warehouse and offices on Lots 1 & 2 Commercial Park located on Commercial Park Drive south of Nichols Street. No one was present at the meeting to represent Eastern Shore Builders, and due to various inconsistencies in the applica- tion with regards to criteria specified in the City's Zoning Ordinance, ( subsection's 60.11; 60.1.4, 60.15 & 60.16 ), the application for a building permit was held over until the applicant can be notified of these inconsistancies and until--. t}ie applicant could present to represent his application. The next -item brought before the Commission was an application for a building permit for Fairwood Apartments by Mr. Jack Pope. Mr.'Pope was present at the meeting to represent his applica- tion. Mayor James P. Nix moved, seconded by Dr. Pierce Fred- ricks to authorize the Building Inspector -to issue a building permit to Mr. Pope providing he meets'with the following: 1. Applicant provides a maneuvering apron for the two parking spaces situated at the south end of the parking lot. 2. Applicant provides assurance that appropriate drainage facilities are constructed so as to prevent the wash out of pavement on Fairhope Avenue, to be approved by Jack Kirk. Motion carried. av r V. VI•. Page No. 4 Fairhope Planning Commission 1-3-77 Meeting (cont.,) The next item brought before the Commission was the application for a building permit by Mr. Alan Bradford in order to construct three (3) additional duplex dwelling units , duplicating the two (2) existing apartments, at the east end of his property at Dunrovin Apartments, south of Paddock Estates. Mr. Cecil Pitman moved, seconded by Mr. Chester Billie to approve the building permit for Mr. Bradford, providing adequate maneuvering for vehicles suitable to Mayor Nix and Chairman Parker is provided. Motion carried. The next item brought before the Commission was the application of Mr. Lloyd Vick for a building permit. Applicants desires to construct a metal building SO'x 7S, with a glass and. brick veneer front on Morphy Avenue, east of the Civic Center, on a vacant lot zoned B-2. Mr. Don Pruitt stated that the proposed' building did not comply with section 6.943, of the City Zoning Ordinance, nor does it comply with off-street parking in general. Mrs. Leona Newman moved, seconded by Mr. Sam E. Box, that the applicant be informed of all the things he needs to comply with,, and resubmit his application at the next meeting of the Commis- sion. Motion carried. Mr. Vick said that waiting another month would impose a hardship on him. Commission members told MIr. Vick that they would reconsider his building permit once his application was in compliance with the zoning ordinance, and call a special meeting in order to act upon his application. There being no further business to come before the Commission the meeting adjourned at 7:40 P.M. Respectfully s bmitted, Lynn Adams, Secretary �Fairhope Planning Commission APPROVE Chairman 1977.