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HomeMy WebLinkAbout01-08-1979 Regular MeetingI II III IV MA 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 CA VII 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 �1 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. -2- 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 -3- MAJOR HOMES, INC. Byz;-"Ies - 4-2'�PAX' E. D. Corte, Jr. President