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.