HomeMy WebLinkAbout06-01-1981 Regular MeetingI
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The Planning & Zoning Commission of the City of Fairhope met
June 1, 1981 at the City Administration Building, 387 Fairhope
Avenue, Fairhope, Alabama at 5:00 p.m.
Present: Chairman Pierce Frederick, members John Parker
E. -Jack Kirk, Cindy McBrearty, Ted Bennett
Roy White
The minutes of the May 4, 1981 meeting were considered and
on motion by John Parker, seconded by Cindy McBrearty, were
unanimously approved.
The public hearing on Mrs. Adalade Malone's application for re-
zoning the property at 250 Bergundy Street from R-2 to R-3
was held. Bubba Malone spoke for his parents and remarked
that they wished to build a small house that would fit into
the neighborhood, and not depreciate it any way. Mr. Frederick
we.n't over the April 6 meeting and mentioned that at that time
the Commission had recommended a two lot subdivision to the
Malone's. Mr. Pruitt's comments were noted that he recommended
denial as it would constitute spot zoning and it is not con-
sistent with the established density already established in
the surrounding area. Mr. Frederick asked for a show of hands
for and against. None were for and three were against. Mr.
Al Johnson made the remark that R-3 in the middle of the area
lowers the property value. Mrs. Brabston also made this ob-
servation. Roy White remarked that if he thought for a minute
that this would be true he would not be :for it, but that the
Malones had owned this property for a long time even before
there was any zoning established, and now they wanted to
build something in keeping with the neighborhood as the lot
was too large now for upkeep because of poor health, and he
was in favor of the change and thereby put into a motion
recommending the rezoning to the Council. Jack Kirk seconded
and the vote was FOR: Jack Kirk, Roy White, AGAINST: John
Parker, Cindy McBrearty, Pierce Frederick, ABSTAIN: Ted Bennett
Motion was not approved.
The subdivision application of Dean Porter for Preliminary and
Final Approval on Liberty Heights, dividing one lot into four
property located on the west side of Liberty Street south of
White Avenue. The Commission members looked at the plans
and remarked that there only concern would be the drainage,
that they needed to insure that the runoff goes to Liberty
Street. A discussion followed between the Commission members
as to what the developer plans to do as far as filling the
low portion. John Parker put in the form of a motion granting
preliminary and final approval with the stipulation that all
areas forward of the building setback line(spec. lots 1 & 2)
drain towards Liberty Street, Jack Kirk seconded and motion
carried unanimously.
Ack Moore addressed the Commission on the drawing he had of
a proposed subdivision of one lot into two on a piece of
property outside the City Limits out Oberg Road on the Art
Fleming leasehold of the FSTC. Don Pruitt asked if the dedicat
right of way had been accepted by the county for maintenance.
That he had been out that way this evening and it was in
pretty bad shape. There followed a discussion on whether or
not the County accepted maintenance on these dedicated right
of ways, and at what point in time these right of ways are
accepted for maintenance. John Parker asked Mr. Lunsford and
Mr. Pruitt if they would get with the County Engineer and map
out procedures on the Police Jurisdiction subdivision develop-
ment. They said they would. Bob Lunsford said he saw no
problem with the application, that they have septic tank
approval but need owner's certificate from FSTC, and certifi-
cation from the County Engineer. As this was discussion only
no further action was required at this time.
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Ack Moore asked at this time just what the regulations were
on approval given preliminary subdivision applications,
specifically Meadowbrook Unit I; and referred to the October
1979 minutes where this first came before the Commission.
Mr. Pruitt had recommended three things that needed to be adher
to before final approval be given, 1) a certificate approving
sewage and water systems appearing on the final plat and con-
taining the signatures of the authorized officials, 2) posting
a bond to insure the installation of streets, utilities, and
other improvements, or 3) construction of the improvements
according to the applicable County specifications.(bond was
posted at 10/79 meeting). Mr. Moore contended that since the b
was_posted,it stands to reason the streets, utilities and im-
provements will be built as per plans submitted and accepted.
That once the bond is posted, the plat is signed by the secreta
and recorded there should be no problem getting acceptance
from the City officials. Mr. Moore remarked that there was
a misunderstanding that had occured between himself and Mr..
Rutherford the City Supt. and wished to clear thi.s matter
up so that the problem would not ari.se again. The Commission
stated that once bond is posted, they see no reason that the
City will not accept and sign the plans as this is assurance
that it will be done as shown on the drawings and accepted by
the Planning Commission.
Mr. Kobert Janssen came before the Commission with a drawing
of a fourplex that he wishes to'construct at the southwest
corner of Equality and School Streets. Mr. Lunsford had made
a recommendation to the commission regarding this request(attach
After discussion, Roy White made the motion that until his appli
cation conforms more to the regulations, that it be denied. Thi
is without recommendation to the Board of Adjustments & Appeals.
He will need to go before the Board of Adjustments & Appeals
for a Dens.variance if he tries to build as his plans- are now..
John Parker seconded and motion carried unanimously. John Parke
further recommended to the Board of Adjustments & Appeals
that a variance on density is not justified, and that is the
basis on which the denial was made. Cindy McBrearty seconded
and motion carried unanimously.
Jack Pope came before the Commission members with a new proposal
on his Town & Country Estates. He has reduced the lots from
thirteen to six and deleted the road.. Mr. Parker remarked that
the drainage plan is still not right. Mr. Pope talked about the
possibility of putting a drainage holding pond on lots one & two
to slow the water. The Commission asked him how the property
owners would ge.t to the back of their lots without a bridge
being erected over such ponds. He asked what the Commission
wanted him to do. John Parker remarked that he had to handle
the water before it got downstream, that they could not approve
plans until he showed how he would handle the water. Roy White
suggested that 'the Commission meet at the site 6/6/81 and
look over the area, this was agreeable with the members, no
further action taken.
Carlton Niemeyer asked if the Commission had time to study his
proposed zoning/land use study for the area North of town.
There was not a study session held in May. Cindy McBrearty
questioned whether or not Mr. Niemeyer had everybody's approval
for annexation on this property. He remarked he had. There was
no further report at this time.
The meeting was duly adjourned.
Approved
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Chairman