HomeMy WebLinkAbout01-08-1979 Regular MeetingI
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The Planning & Zoning Commission met for their regular monthly
meeting at the City Administration Building, 387 Fairhope Ave., Fairhope
Alabama. on January 8, 1979 with Chairman John Parker presiding.
Those members present: Sam Box, Bill Workman, Cecil Pitman, James P.
Nix, Leona Newman, Pierce Frederick, and C.E.
Bennett
At this time Chairman Parker welcomed Mr. Bennett as a new member, replacing
Mr. Harford Field who had to tender his resignation because of his health.
The minutes of the December 4th 1978 meeting were unanimously approved
on motion by Bill Workman, seconded by Pierce Frederick.
The application of Eastern Shore Builders for final plat approval of
Richmond Square was presented by Ack Moore. This property is located at
the north end of Bon Secour [Jest of Colonial Acres subdivision. After all
questions were answered to satisfaction, Mr. Nix moved to grant final plat
approval subject to the cover over the stilling box being approved by City
Superintendent, Phil Rutherford, and Mr. Pruitt's comments being adhered
to by certification from the Health Department as to the septic tanks,
the performance bond being posted, and putting on the plat all points
brought out. Mr. Moore stated that all these would be done as asked.
Mr. Pitman seconded the motion and it was unanimously carried.
Mr. Moore at this time brought to the attention of the Canmission that he
would like to re -submit a plat on Fairwood Sub. Unit 20 which reflected
the expanded width, a larger easemen�m Lot 3 from 72ft. to 35ft. Mr.
Nix moved, 2nd by 1h% Frederick for acceptance of the revised plat.
This was unanimously carried.
Robert Peterson addressed the Commission on his application for a re -
subdivision of Lots 4,5,6 Block 11, Ingleside Highlands Subdivision
of three lots into two. This property being located mi the west side of
Green Road at the southwest corner of Coleman Avenue. Mr. Peterson stated
he wanted to change the lots for better use. Attention was called to Mr.
Pruitt's comments regarding the statement that the City had agreed to
vacate the 15 feet by 15 feet part of the lift station now by this property.
Mr. Nix stated that he was not sure that this was true. That it would have
to be determined if it could be vacated. That the proper procedure in this
matter would be to document the statement, make a formal request through
the City Council and then present again his application to the Planning &
Zoning Commission if the City Council granted approval. Mr. Peterson stated
he would be glad to take the course suggested to him by Mr. Nix, so no action
was needed at this time.
Art Rigas of Ponder Engineering presented the application for a building
permit of the Mitchell Corp for Meadowview Ltd. This is an apartment com-
plex for the elderly funded by HUD. Discussion brought out a question
about the solid concrete vertical curbing shown on the plans. Mr. Parker
stated that we were striving in every possible way through developments
to return as much water as we could back to the soil. Mr. Workman stated
he was gratified on the calculations submitted on drainage and appreciated
same being submitted with the plans, that although this wasn't the best a-
rrangement possible it was good. A suggestion was made to modify the run-
off shown on the plans by use of a "french drain". Mr. Rigas stated his
desire to accomodate the Commission on their suggestions. Mr. Nix moved
Dr. Workman seconded and motion carried to grant permit requested including
the use of "french drain'. Mr. Pitman abstained to vote.
Mr. Carson Rockett was asked to present his plans for the property he was
clearing on Volanta Avenue. He was told that he had not secured a Building
Permit(one of the 1st steps) from City and that any further clearing would
have to be halted until he met City's requirements. He stated he was unaware
he was in violation of any City Ordinance and Mr. Parker quoted to him Sec-
tion 4.9 and Section 7.21 which applies specifically to the property in ques-
tion. He was told he would be presented with a copy of these regulations and
asked to comply with them. He agreed to file a building application outlining
the work planned in phases of progress designed thus far, and present sable
to a special Planning Conmission meeting in the near future.
P .ning & Zoning Commission - page two
January 8, 1979 - meeting
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At this time the adoption of the Proposed Amendment to the Fairhope Sub-
division Regulations was brought up. It was determined that this was
properly advertised and could proceed as a public hearing. This has to
do with drainage provisions in future developments(Amendment attached)
Mr. Moore volunteered to set up some design standards and asked if the
Commission desired to carry this over. All felt that they wished to get
something set up now, therefore on motion by Mr. Workman., seconded by
Mr. Box, this was unanimously adopted.
At this time Mr. Parker asked the Commission to be aware that there is a
request before the City Council on annexation of some property East of
the City and that it would be presented to the Commission for consideration
soon.
There being no further business to come before it, the meeting was duly
adjourned.
Respectfully submitted,
Betty Rivenbark, secretary
Approved 1---Chairmari
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RESTRICTION INDENTURE
FOR
COVERED BRIDGE ESTATES
WHEREAS, a real estate subdivision plat known as COVERED
BRIDGE ESTATES, being a subdivision lying and situated in the
Northeast Quarter of Section 19, Township 6 South, Range 2 East,
Baldwin County, Alabama; and
WHEREAS, the makers of this indenture, MAJOR HOMES, INC., a
corporation, have taken title to the premises known as COVERED
BRIDGE ESTATES, with the right to convey the said premises, or
any parts thereof; and
WHEREAS, said parties desire to impose on said premises cer-
tain easements, conditions, restrictions, reservations, and limitations:
NOW, THEREFORE, in consideration of mutual advantages to accrue to
the owners of the premises comprising the said subdivision at the
time of its recording in the Recorder's Office of Baldwin County,
Alabama, as well as the future owners of the premises, there are
hereby imposed on said subdivision certain easements, conditions,
restrictions, reservations, and limitations, which are hereby made
a part of the plat of the said COVERED BRIDGE ESTATES, to -wit:
1. LAND USE AND BUILDING TYPE
All of the lots shown on said map shall be known and designated for
residential purposes. No structure shall be erected, altered, placed,
or permitted to remain on any lot other than residential dwellings
not to exceed two stories in height.
2. ARCHITECTURAL CONTROL
No buildings shall be erected, placed, or altered on any lot
until the construction plans and specifications and a plat showing
the location of the structure have been approved by the architectural
control agent, JACK E. POPE, or his designated agent, as to the
quality of workmanship and materials, harmony of external designs
with existing structures, and as to location with respect to topog-
raphy and finish grade elevation. No fence or wall shall be erecte
or placed on any lot. In case no building is erected on lots by
grantee, such grantee is to maintain and properly care for the app
ance of and keep free from unsightly accumulations, weeds, debris,
and other waste matter. All exterior antennas and clothes lines are
prohibited from being constructed on any lot or attached to any
structure. There is prohibited from being constructed any metal
storage building on any lot.
3. DWELLING COST, QUALITY, AND SIZE
No dwellings shall be permitted on any lot at a cost less than
$30,000.00 based upon cost levels prevailing on the date these cove-
nants are recorded, it being the intent and purpose of the covenant
to assure that all dwellings shall be of a quality of workmanship
and materials substantially the same or better than that which can be
produced on the date these covenants are recorded at the minimum cost
stated herein for the minimum permitted dwelling site. The ground
floor area of the main structure, exclusive of one-story open porches
and garages, shall not be less than 1000 square feet for a one-story
dwelling. The majority of exterior walls of the building shall be of
brick, brick veneer, rock or its equivalent, then it shall be con-
sidered as qualifying and coming within this provision.
r
4. BUILDING LOCATION
Building shall be located on all lots in accordance with
R-3 zoning as defined in the City of Fairhope zoning ordinances.
All easements, as shown, shall be, and the same are hereby set
aside and reserved for the electrical, water, and gas mains, sewer
and other subdivision essentials and facilities, PROVIDED, FURTHER,
no building, structure, fence or wall shall be constructed on any
utility easement contained on the lot.
5. NUISANCES
No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon which may be or may become
an annoyance or nuisance to the neighborhood.
6. TEMPORARY STRUCTURES
No structure of a temporary character, trailer, basement, tent,
shack, garage, barn, or other outbuilding shall be used on any lot
at any time as a residence either temporarily or permanently.
7. SIGNS
No signs of any kind shall be displayed to the public eye on any
lot except one professional sign of not more than four feet, one sign
of not more than sixteen square feet advertising the property for sale
or signs used by a builder to advertise the property during the con-
struction and sales period.
8. LIVESTOCK AND POULTRY
No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any lot, except that dogs, cats, or other household
pets may be kept provided that they are not kept, bred, or maintained
for any commercial purposes.
9. GARBAGE, REFUSE, AND DEBRIS
No lot shall be used or maintained as a dumping grounds for
rubbish, trash, garbage, or other waste. Rubbish, trash, garbage,
or other waste shall not be kept except in sanitary containers. All
incinerators or other equipment for the storage of such materials
shall be kept in a clean and sanitary condition.
10. RECREATIONAL VEHICLE PARKING, ETC. I
No recreational vehicles, boats, mobile homes, campers, trailers
or the like shall be parked on any lot nearer to the front of such
lot than the minimum front building line.
11. SLOUGHING EASEMENT
On all lots that contain a sloughing easement, no structure,
fence, or otherwise shall be placed nor shall there be any dis-
turbance of the natural vegetation on such sloughing easement, nor
shall there be constructed any structure, fence or wall on such slough-
ing easement area.
GENERAL PROVISIONS, TERM:
These covenants are to run with the land and shall be binding
on all parties and persons claiming under them for a period of
twenty-five (25) years from the date these covenants are recorded,
after which time said covenants 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.
ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against
any person or persons violating, or attempting to violate, any cove-
nant either to restrain violation or to recover damages.
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SEVERABILITY
Invalidation of any one of these covenants by judgment or court
order shall in no way affect any of the other provisions which shal`
remain in full force and effect.
RESERVATIONS AND INTERPRETATIONS
These covenants shall run with the land and shall be construed
as real covenants. The declarant hereby reserves unto itself and to
its successors in interest the right to alter, modify, amend, or
annul any of the covenants and/or restrictions herein imposed by
written declaration on any of the portions of the land affected
hereby. '
ATTEST:
Ja�K E . Pope l/
ecretary-Treasurer
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MAJOR HOMES, INC.
Byz;-"Ies - 4-2'�PAX'
E. D. Corte, Jr.
President