HomeMy WebLinkAbout01-03-1977 Regular Meeting (2)THE FAIRHOPE PLANNING AND ZONING COMMISSION
Minutes for meeting January 3, 1977
The Fairhope Planning and Zoning Commission met in regular
session on Monday, January 3, 1977, at 5:00 P.M.,at the
City Administration Building, 387 Fairhope Avenue, Fairhope,
Alabama.
The following members were present: Chairman John 13. 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.
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 P:?ulti-
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 (S) 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.
Mr. 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 a� drainage problems.
Upon a show of hands all present at the public hearing voted
against the rezoning application.
t ,
APPROVED BY THE COr-1MISSION ON , 1977.
BY: CHA.IMIAN .
c
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 Medium
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.
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. Harford 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, Harford 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 Morphy Avenue will be maintained as a landscaped area.
L
IV.
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 150 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 res-
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
seventy-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, and 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
appplicant can be notified of these inconsistencies and until.-.
the 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 carri.ed.
M
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 50 x 75, 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 Mr.
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.
APPROVED
Res ectfully bmitted,
din Adams, Secretary
Fairhope Planning Commission
Chairman
1977.
•
PARKER ROAD COMMERCIAL PARK
COVENANTS, RESTRICTIONS AND LIMITATIONS
RECORDED MISCELLANEOUS BOOK , PAGE
U1. LAND USE AND BUILDING TYPE. All lots in said subdivision shall be known and
designated as commercial lots. No building shall be erected, altered, placed or
permitted to remain on any lot other than one detached single use building not to
exceed one and one-half stories in height and appropriate out -buildings.
2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on
any lot until the construction plans and specifications and a plan showing the
location of the structure have been approved by the architectural control committee
as to quality of workmanship and materials, harmony of external and finish grade
elevation. No fence or wall shall be erected, placed or altered on any lot nearer
to any street than.the minimum building setback line unless similarly approved.
Approval shall be as.provided in paragraph 3 and 4.
3. MEMBERSHIP. This architectural control committee is composed of Malcom P.
McLean, Jr., Carlton G. Niemeyer,'Geoffrey V. Pa•rker. A majority of the committee
may designate a representative -to act for it. In the event of death or resignation
of any member of the 'committee, the remaining members shall have full authority to
designate a successor. Neither the members of the committee, nor its designated.
representatives shall be entitled to any'comRensation.for services performed pur-
suant to this covenant.
4. PROCEDURE. The committee's.approval or disapproval as required in these coven-
ants shall be in writing.. In the event the committee, or 'ts designated' -representa-
tive, fails to approve or disapprove within 30 days after plans and specifications
have been submitted to it, or in any event, if no suit to enjoin the construction
.has been commenced prior to the completion thereof, approval will not be required and
the related covenants shall be deemed to have been fully complied with. The powers
and duty of such committee, and of its designated representative, shall cease on and
after January 1, 1990. Thereafter, the approval described in this covenant shall not
be required unless, prior to said date and effective thereon, a written instrument
shall be executed by the then record owners of a majority of the lots in this sub-
division and duly recorded appointing a representative, or representatives who shall
thereafter exercise the same powers previously exercised by said committee.
5. LAND USE. Uses permitted: Business and professional offices; retail and wh6le-
sale trade; neighborhood services, including services such as dry cleaning and laun-
dry, barber and beauty shops, shop repair, appliance repair and similar services;
light manufacturing and industrial operations,.which are not obnoxious, offensive
or detrimental to neighboring property by reason.of dust, smoke, vibration, noise,
odor or effluent.
6. NUISANCE. NO noxious or offensive activity shall be carried on upon any lot,
nor shall anything be done thereon which may become any annoyance or nuisance to
the neighborhood.
�r
7. 'TEMPORARY STRUC No structure of a temporary character, trail base-
ment, tent, shack, garage, barn, or other out -building shall be used on any lot
at any time, except as approved by the Architectural Control.
8. SIGNS. NO gn of any kind shall be displayed to the public view on any lot
,except one professional sign of not more than thirty two square feet,'one sign of
.)t more than five square feet advertising the property for sale or rent, or signs
used by a builder to advertise the property during the construction and sales period.
9. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil re-
fining, quarrying, or mining operations of any kind shall be permitted upon or in
any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be per-
mitted upon or in any lot. No derricks or other structure designed for use in bor-
ing for oil or natural gas shall be erected maintained or permitted upon any lot.
10. LIVESTOCK AND POULTRY. No -animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot, except for security purposes and prior approval
from Architectural Control Committee.
11. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping
ground for rubbish'. Trash, garbage or other waste shall not be kept except in sani-
tary containers. All incinerators or other equipment for the storage or disposal of
such material shall be kept in'a clean and sanitary condition.
12. TERM. These covenants are to be run with the land and shall be binding on all
parties and all persons claiming under them or a period of twenty five .(25) years
from the date these covenants are recorded, after which time said covenant shall be
automatically extended for successive periods of ten (10) years unless an instrument
signed by a.majority of the then owners of the lots has been recorded, agreeing to
change said covenants in whole or in part.
:3. REMEDIES. If the declarant, or its successor or assigns, or any such future
owner or owners, or the sL:ccessors, heirs or assigns of any such future owners
shall violate or attempt to violate any of the covenants herein, it shall be law-
ful for any person or person- owning any property situated in said subdivision, to
prosecute any proceedings of law.or inequity the person or persons violating or
attempting to violate any such covenant and either to prevent such person or persons
from so doing, or to recover damage for such violation. ,
1►. SEPARABILITY OF COVENANT. Invalidation of any one of these covenants by judge-
ment or court order shall in no wise affect any of the other provisions which shall
remain in full force and effect.
IN WITNESS WHEREOF WE V�VE HEREUNTO -SET OUR HANDS AND SEALS THIS
DAY OF
(SEAL)
(SEAL)
(SEAL)
(SEAL)
THOMAS
DRAWER AR, FAIRHOPE, ALA. 36532
CLaUD CLARK JP., ADMINISTRATOR
Mr. John Parker
City Planning and Zoning Board
City of Fairhope
Fairhope, Alabama
Dear Mr. Parker:
HOSPITAL
PHONE (205) 928-2375
February 15, 1977
This is to advise that the Baldwin County Eastern Shore Hospital
Board, Inc., d/b/a Thomas Hospital, has recognized the numerous
growth factors prevailing in our area and in order to intelligently
plan to meet our current and long term needs has elected to have a
survey ai)d evaluation made to provide recommendations for the
hospital board to consider.
For these purposes, the board has named a Planning and Development
Committee, with Mr. David B. Fuller as its Chairman. Following
recommendations of his committee, the board has approved a contract
with an Alabama based group, SHAPE Services, Inc. of Tuscaloosa.
Principal participants in this study will be D. O. McClusky, Jr.,
long time administrator of Druid City Hospital in Tuscaloosa;
J. Cecil Hamiter, long time administrator of Baptist Memorial
Hospital, Gadsden; and Bryant Culberson, a Registered Professional
Engineer and Assistant Administrator of Druid City Hospital in
Tuscaloosa.
With the opening of the new Interstate across Mobile Bay, the in-
creasing attraction of coastal areas and other factors causing
population changes, plus the influx of new physicians in the past
year and others committed to come within the next year, this study
was deemed by our Medical Staff and Hospital Board to be vital to
meet the health care needs of the Eastern Shore area.
fho;nas iic,wiral is it charlud-1,, non profit h.ospiral oncrated by the K,Idici, lCouno. pia r,•r Sh-Ire 11 ° u.
Page 2 - 1tr to Mr. J. Parker 2115177
Our board chairman, Mr. John M. Beasley, and this new committee
chairman, Mr. David B. Fuller, have asked that I advise you of
these developments. Your usual cooperation and assistance with
this hospital and its consultants is deeply appreciated by the
Administration, the Medical Staff and the Board of Trustees of
Thomas Hospital and certainly by the people of Fairhope and the
Eastern Shore area of Baldwin County.
Sin ref you
Claud Clark, Jr.
CCJr:jp Administrator
`-A
Feb. 18, 1977
Fairhope City Planning Commission
City Hall
Fairhope, Alabama
SUBJECT: Changing name of Lincoln Street to Jansen Street.
We have been living in Bay View Subdivision since 1945. (32 yrs)
For Many years we were the only people living in this subdivision.
vile have been and still are the largest land owners in Bay View
subdivision, therefore we are making this request to change the
name of Lincoln St. to Jansen Street. This is a very short street
and we own property on both sides.
Sincerely,
Claude A. Janse , ownere
Evelyn, W. Janse,�)/, owner
EASTERN SHORE BUILDERS, INC.
GENERAL CONTRACTORS
P. O. BOX 488
FAIRHOPE. ALABAMA 36532
February 23, 1977
Mr. John Parker, Chairman
Fairhope City Planning Commission
Fairhope, Alabama 365322
Dear Sir:
Accompanying our application for rezoning is this letter of
assurance that Eastern Shore Builders, Inc. has no intention of
erecting any building of a greater occupancy than duplexes on
Unit 11 of Rosa Acres Subdivision.
a; Sincerely,
By d L. M re
E stern Shore Builders, Inc.
BLM/ck
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CASE — A
1.
"C" —
Run—off for an
Orchard = 0.28
2.
Inlet
Time — 23 min.
based on 350 feet maximum to most remote
point
(See curve for
Inlet Time).
3.
Slope
of Ground — 2%
4.
"A" —
Area 2.30 Acres
5.
Storn
frequency — 10
years (See Frequency Curve)
6.
Q — Amount of run—off
in cubic feet per second
7.
Run—off = Q = C I A
Q = 0.28 (5.0)
(2.30) = 3.21 cfs
CASE — 8
1. "C" — Using average coefficient as follows:
jPercent of
"C" Average Total Area Drainage Area
Lawns 0.18 84.2 1.927
Roofs & Drives 0.80 15.8 0.362
' 2.289
Average "C" _ (0.18 X 1.927) + (0.80 X 0.362) = 0.6365
2.289 2.2B9
Average "C" = 0.278 1
2. Run—off = Q = C I A
Q = 0.278 (5:0) (2.30) = 3.21 cfs
INGLESID 577.
22
00
rJ �; 4 M
610 o ,
X�
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ESTIMATED RUN—OFF COEFFICIENT "C"
FOR
DIFFERENT TYPES OF SURFACES
"Extracts from Concrete Pipe Handbook — American Concrete Pipe Associ—
ation" Chapter VIII. — "Run —Off"
Type of Surface
Impervious Surfaces
Steep Barren Surfaces
Rolling Barren Surfaces
Flat Barren Surfaces
Rolling Meadow
Deciduous Timberland
Conifer Timberland
Orchard
Rolling Farmland
Flat Farmland
Type of Surface
a
TABLE I.
TABLE II.
Watertight Surfaces such as roofs
and pavements
Block Pavements with Open Joints
Macadam Pavements
Gravel Surfaces
Parks, Cultivated Land, lawns, etc.,
depending on slopes and character of
soil
Wooded Areas
Value C
0.90-0.95
0.80-0.90
0.60-0.80
0.50-0.70
0.40-0.65
0.35-0.60
0.25-0.50
0.15-0.40
0.15-0.40
0.10-0.30
Value C
0.70-0.90
0.50-0.70
0.25-0.60
0.15-0.30
0.05-0.30
0.01-0.20
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VI
VII.
Planning Cammission
Minutes for 3-7-77 meeting
Page No. 3
The next item brought before the Commission was a presentation of plans
for enlarging the parking facilities at the Fairhope United Methodist Church.
A revised plan was presented to members of the Commission for their inspection.
After a discussion, Chairman Parker and Mr. Harford Field agreed to meet
with the trustees of the Mehtodist Church on behalf of the Planning Commission,
and explain the requirements of the Zoning Ordinance which would have to be
met on their parking lot plans.
In other business, Chairman Parker presented members of the Commission with
a copy of a letter received from Thomas Hospital. Chairman Parker also
presented Commission members with a copy of a letter from Mr. Byrd Moore of
Eastern Shore Builders stating that Eastern Shore Builders has no intention
of erecting any building of a greater occupancy than duplexes on Unit II of
Rosa Acres subdivision.
Chairman Parker also informed members of the Commission of a request
that Mr. Claude A. Jansen had made to change the name of Lincoln Street to
Jansen Street. This matter was held over for further consideration at the
April 4th, 1977 meeting of the Commission, in order to get a response from
adjacent property owners regarding the changing of the name of Lincoln Street.
There being no further business to come before the Board on a motion duly
made, seconded and carried, the meeting adjourned.
Res ect su tted,
'ynn Adams, Secretary
Fairhope Planning Camnission
APPROVED BY COtM4ISSION ON , 1977.
BY: CHAIRMAN
VI .
VII.
Planning Commission
Minutes for 3-7-77 meeting
Page No. 3
The next item brought before the Commission was a presentation of plans
for enlarging the parking facilities at the Fairhope:United Methodist Church.
A revised plan was presented to members of the Commission for their inspection.
After a discussion, Chairman Parker and Mr. Harford Field agreed to meet
with the trustees of the Mehtodist Church on behalf of the Planning Commission,
and explain the requirements of the Zoning Ordinance which would have to be
met on their parking lot plans.
In other business, Chairman Parker presented members of the Commission with
a copy of a letter received from Thomas Hospital. Chain Parker also
presented Commission members with a copy of a letter from Mr. Byrd Moore of
Eastern Shore Builders stating that Eastern Shore Builders has no intention
of erecting any building of a greater occupancy than duplexes on Unit II of
Rosa Acres subdivision.
Chairman Parker also informed members of the Commission of a request
that Mr. Claude A. Jansen had made to change the name of Lincoln Street to
Jansen Street. This matter was held over for further consideration at the
April 4th, 1977 meeting of the Commission, in order to get a response from
adjacent property owners regarding the changing ofthe name of Lincoln Street.
There being no further business to come before the Board on a motion duly
made, seconded and carried, the meeting adjourned.
.. a �'0-— /
Y.
Respect rutted,
Xyrm Adams, Secretary
Fairhope Planning Commission