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HomeMy WebLinkAbout08-07-1978 Regular MeetingI. The Fairhope Planning and ZonLig Cormussion met in regular session on Monday August 7, 1978 at 5:00 p.m. at the City Administration Building with Vice - Chairman Leonki Newman presiding in the absence of John Parker. The following members were present: Sam E. Box, Hanford Field, Dr. Pierce Frederick, E. Jack Kirk, James P. Nix, Cecil Pitman, Dr. William Workman The minutes(-f the regular meetings of June 5th, July loth, and the Special meeting of July 17th were approved, with correction being duly noted as to the spelling of Mr. Field's name. The first item on the Agenda was the application of Fairhope Title and Survey, Inc. for a change in zone from R-2 Medium Density Single Family Residential District to B-4 Business and Professional District for the prop- erty located on the South side of Fairhope Avenue, approximately 185 feet west of the Southtaest corner of Fairhope Avenue and Call Street. Claude and Mike Anold appeared before the Board stating that the proposed use of this property was for the offices of Fairhope Title and Survey,Inc. (their compaiT7). They intended to improve the existing building in harmony with the neighborhood. There followed discussion as to future plans of their company and this property. 11rs. Ne nm-i read a list of property owners within 300 feet of this property and asked those present to identify themselves and address the Board if they so desired. Several did. After much discussion for and against, Mrs. New- man called for a vote among the property owners, six approved of change, nine disapproved. Dr. Workman asked that Mr. Pruitt be allowed to state his recommendations on this request. It was brought out at this time that the next item on the Agenda was the property adjacent to this, and also a re -zone request from Mrs. ?1aice Dillabough from R-2 Medium Density Single Family Residential District to B-4 Business and Professional District, and both should be con-- sidered at the sane time. D1r. Pruitt stated he had recommended denial of these requests because: a. The change requested would create an isolated district unrelated to similar districts; i.e, a spot zone. b. The ,granting of this application would set a precedent and probably encourage similar requests thus eventually creating strip commercial development along the south side of Fairhope Avenue to Greeno Road. c. The proposed change is inconsistent with the Comprehen- sive plan for the area which denotes this area to continue to be used for medium density single family residential developmc3-it . II. IIda Zyri-ek, as Mrs. Dillabough's representative, came before the Board and stated that Mike Arnbld had expressed all the reasons she had for requesting a zone change. 11rs. Newman asked for a vote among property owners on Mrs. Dillabough's request and eight approved of change, three disapproved. It was the general opinion of the Board thar_,as brought out by !.Pruitt, if these were approved the City would be left open for many zone change re- quests in this same area therefore, =ION was made by Cecil Pitman, seconded by Sam Box to recorrmend to the City j Council denial of both requests' Fairhope Title and Survey and Maice Dillabough.; mo The motion. carried unaniusly, i IV. V. VI. Minutes for the 8/7/78 meeting - page 2 Starke Irvine came before the Board on behalf of request of himself and Sam Irby on the rezoning from R-2 Medium Density Single Family Residential Dis- trict to B-4 Business and Professional Office District for the prelmises identified as Lots 16, 17, 20 and 21, Block 16, Volanta Subdi-,,-i.sion. This property is bordered on the north by Seminole and Pensacola Avenues; on the South by Perdido Avenue and on the east by Section Street. Discussion followed between Board, property owners present(two stating they had not been notified of meeting although they were well within 300 feet of property line) and Mr. Irvine. Mr. Irvine stated he had several inquiries about this property but the zone issue needed to be clear before people would make firm offer. Z.DTION was made by Mr. Pitman, seconded by Dr. Workman that this application be reccmnended for approval with the stipulation that egress and ingress be restrictalito Seminole and Perdido Street. Pbtion carried. dike Ford,as agent for Tolora B. Robinson, stated her request of zone change from R-2 Medium Density Single Family Residential District to PA Law Density Multi -Family Residential District. The subject property is situated on the east side of Pensacola Avenue, approximately 189 feet southeast of junction of Section Street and Pensacola Avenue. Mr. Ford disclosed it was hoped that with the zone change duplexes could be erected on this property. After consideration it was decided that this application had merit therefore, :DTIM was made by Dr. Workman recommending the City Council approve this request. Motion carried with Dr. Frederick voting opposed. Mrs. Newman called for person representing Rosetta Lewis application for Preliminary and Final Plat approval to come forward. Mike Arnold spoke in her behalf saying that Mrs. Lewis had originally wanted to givee her niece a lot and after finding out what was required legally, she employed his coupany to sub -divide the land. This resulted in the subdivision and five lot parcels she wishes the Board's approval on. The Board aoproved this in the form of a MOTION by Mr. Field, seconded by Mr. Box subject to Mr. Pruitt's recommendations being adhered to which are: The applicant posting a bond to assure the installation of sanitary sewers to serve lots 2 through 4; or The applicant installing a sewage collector line to serve proposed lot 2 through 4. Mr. Arnold said he would make sure Mrs. Lewis was aware of Board's recomnenda- tions. Mr. Dyas approached the Board in the application of Olympia C. Dyas for Preliminary Plat approval of Bayou Volanta Commercial Park subdivision to be located at the southwest corner of U.S. Highway 98 and Parker Road. Mr. Dyas was questioned as to intended exits on Highway 98 and drainage easements for this property. He satisfied the Board on these matters. Further discussion led to a MOTION by Mr. Pitman, seconded by Dr. Frederick for preliminary plat J approval, with Dr. Workman and Mr. Box abstaining. Claude Arnold addressed the Board at this tine regarding the different regula- tions the Board was now requiring all engineers to present. Dr. Wor1ana-ri in- formed him that nothing was different but that the "drainage plan" called for in the regulations is only being examined more closely by the Board. Pair. Arno stated it was embarrassing for person submitting applications to come before the Board and not have everything called for. Mr. Box informed Mr. Arnold that the Board was in the process of upgrading the regulations and defining "drainage" more clearly, but until they come out in October it would be nec- essary to cope with regulations as they are. N, VII. VIII. WM Minutes for the 8/7/78 meeting - page 3 Cecil Pitmwin presented his request for a Building Permit for a commercial building to be located on Magnolia Avenue and expressed his willingness to comply with the Board's recommendations. Mr. Pruitt's torments were noted as to off-street parking situation. The Board voted unanimously to grant Mr. Pitman's request for permit. Act-, Moore Nms recognized at this time as spokesman for Eastern Shore Builders and their request for preliminary plat approval on Richmond Square subdivision. Inasmuch as this bad been before the Board several times before and all of the Board's requests for changes(recorded in minutes of July 10, 1978) had been met, Mr. Pitman in the form of a MOTION, seconded by Mr. Nix reconrsend ed that the armLi.ssion grant Preliminary Plat approval. Motion carried. Mr. Moore informed the Board he was also speaking in behalf of Major Homes and their application for Preliminary Plat approval of Covered Bridge Estates. He showed on the subdivision plans the requests made and recorded at July 10, meeting, on easements, 100 year flooding elevation, stilling box design, elim- inated cul de sac, and eliminated sewer easement. There followed lenghty discussion including several residents in the -area of the proposed subdivision who felt that any development at this time would treat problems on their property. They stateat damage had been done by -the storm of July 26, and previous bad weather. This led to the Board inquiring if the lots in the subdivision could be left in their natural state along the gulley line. Mr. Moore answered he definitely was not interested in causing erosion, or flood problems and he was sure these lots could be as requested. Mr. Pruitt suggested getting an attorney's opinion on what liability the City would have if the subdivision was built as requested now. And further, delaying action until the next meeting. i Dr. Worlan•an suggested the construction of dams at different intervals along the gulley all the way down to the Bay as a possible solution. There ensued discussion as to who should build and pay for these dams. This was suggest- ed in hopes of alleviating some of the existing problems the residents now have. It was decided for the sake of eliminating flood and erosion that in this proposed subdivision there be a "restricted covenant" of a 15 foot ease- ment at the edge of the bluff and an - additional 10 foot utility easement for a total of 25 feet along the gulley lots. I Mr. Pore asked if the Board could not give preliminary plat approval subject to receiving the Attorney's opinion and the 25 feet restricted covenant re- quirement. Mr. Field made a 197TION, seconded by Dr. Workman that approval i be givem. Motion carried. X. i Grover Rasmus appeared before the Board in behalf of the Lakewood Subdivision/ Grand Hotel. He stated that they wished to add six more lots to the Lakewood i Subdivision but these lots would back on Old Battles Road and this was against the Comani_ssi.on's regulations. He wished to know what they should do to pre- r a esentation to the Board He was so advised. XI. pare p �1The Board., a MOTION being made by Sam Box and seconded by Dr. Worlanan, moved to accept to advertise for public hearing at the next meeting in September, the application of Jim Booth for change in zone from R-2 Medium. Density Single it Family Residential District to R-4 Law Density Multi -Family Residential Distric This is the property along Fig Street consisting of six vacant partially clear. ed lots. Pub-. Boothe stated that to build a single family residence in this area would be a great expense and the asking price would have to be high and. the solution seemed to be to erect the duplexes in order to realize a profit:.. Minutes for the 8/7/78 meeting - page 4 In the absence of Mr. Parker, Mrs. Newman expressed his desire to have a special study session on zoning districts the week of August 21st. None of the members of the Conmission felt like they could come during that week. i Therefore the study session was tentatively set for August 29th, Tuesday, at 7:00 p.m. at the City Adnd.nistration Building. i There being no further business to come before the Board, on a motion duly made, seconded and carried, the meting was adjourned. Betty ven ar , Secretary , I APPROVED BY THE C( SSION ON LiMG� 1978 I, �I � I ii 'i I