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HomeMy WebLinkAbout06-07-1982 Regular MeetingI II III IV The Planning, & Zoning Commission of the City of Fairhope met June7, 1982, at 5:00 p.m. at the City Administration Building, 387 Fairhope Avenue Present: John Parker, Cecil Pitman, Roy White, Dick Sanderson, Harrell Holder, James P. Nix, Mr. White acted as Chairman The minutes of the May 3, 1982 meeting were approved on motion by James P. Nix, Seconded by Cecil Pitman and unanimously carried. Carson Rockett came before. the Commission to ask if tourist lodging was a use permitted in a B3b zone(this being what his development Cold Springs Marina is in). That a group associated with his project asked him to check into this use as they wished to pursue constructing a yachtsman motel on the site. Bob Lunsford and Don Pruitt remarked that this was less restrictive than B3a, and they see it as a use permitted. Mr. Parker asked Mr. Rockett if he had obtained a permit, he answered that he had final approval on the site plan subject to getting engineer- ing on drainage, water and sewer, and road profiles which have not been presented. Dick Sanderson said he felt Fair - hope could use a motel, and further discussion led to the ordinance intending this to be a use permitted, and he so moved to convey this to Mr. Rockett, Cecil Pitman seconded and motion carried unanimously. Discussion on F.S.T.C. lessee T.C.Weller/Ellen Weller property was held. Mr. White read a letter from the F.S.T.C. concern- ing this(attached to minutes) Ms. Weller and her brother wer Seeking to clarify their leaseholds and found that the house divided in two zones. She is now seeking to move the property line to solve the problem and get clear title on the'land. John Parker moved to approve this resub- division moving the property line equal distant between the two houses. James P. Nix seconded and motion carried unan- imously. Bob Lunsford brought to the Commission is attention a request from Cecil Pitman regarding a piece of property at the corner of Bellangee and Section Streets. It is in B-2 district which requires 20 ft. front setback. He wishes to build and line up with Baldwin County Savings & Loan (next door). He would have a driveway going one way entering from Section and coming out on Bellangee. All felt this would be better as Section is already congested in this area. They further discussed buildings in this area and where they were situated. The remark was made that the Planning Commission had the right to waive this requirement. James P. Nix moved I to waive the setback requirement on the SE corner of Bellangee & Section, to eliminate backing out on Section St. and thereby achieving more off-street parking, This does not relieve objective of ordinance provision to achieve business setback in B2 area in which adjacent property is set back. John Parker seconded motion and it carried with Mr. Pitman abstaining. Fritz Crane came forward with a drawing on the former Wagner property on Greeno Rd that showed an apartment complex. It was brought out that the land involved is zoned B-4 and R-5. He is seeking to rezone all R-5 in order to accomplish apartment dwellings. He does not meet with this drawing density and frontage requirements. It was brought out the F.S.T.C. had dedicated 50 ft. in this property as a dedicated right of way in the future. The drainage problem was discussed. Mr. Crane admitted there was definitely a problem. Mr. Crane) remarked that it now runs from NW corner of property just to East of access Road shown on map he had. That it is now collect- ing for 32 parcels. Ack Moore came forth at this time and I VI VII Ack Moore came forward to discuss the Wild Oaks 20 ft. utility easement, request for reducing to 72ft carried over from last meeting. Roy remarked that he had a chance to look at this property and therefore agrees to this releas as requested along the North property line. James P. Nix moved for release of 72 ft easement, John Parker seconded and motion carried unanimously. John Parker moved that the Zoning Enforcement Officer communicate by letter to the City Engineer, County Health Officer, County Building Inspector the intent of the Plan- ning Commission to exercise its right regarding subdivision approval in its geographic limits, and seek an understanding with them in this regard, J.P. Nix seconded and motion carried unanimously. There being no further business, meeting was duly adjourned. f airhq (SingleCorteration June 4, 1982 Fairhope Planning 8 Zoning Commission Fairhope, AL 36532 Attn: Robert Lunsford City Building Inspector Dear Sirs: At the Regular Meeting of the Executive Council on 3 June 1982, the Council agreed to join with lessee T. C. Weller in his request to change the lot lines as reflected in attached survey of Lots 7 and 8, Block 2-S, Division 2 by C. Michael Arnold May 14, 1982. GWR/myb Enclosure as noted 336 - 340 Fairhope Ave. • Fairhope, Alabama 36532 • Phone No. 928-8162 "All good things come from the land." City of Fairhope DAMES P. NIX {YYY1 COUNCILMEMDERS: MAYOR P. O. DRAWER 429 DAVID E. BISHOP FAIRHOPE. ALABAMA 36532 SAMUELE.BOX 1 (205) 928-2136 C.0.McCAWLEY May 21, 1982 TRISHA NELSON EVELYN P. PHILLIPS ROY C. WHITE CITY CLERK Dr. Pierce Frederick, Chairman Fairhope Planning Commission Mr. Chairman and Commission Members: On April 22, 1982, Mike Rejczyk, Supt. of the Water and Sewer Dept. asked whether I, as Zoning Enforcement Officer and Building Official, was aware of any reason why the City should not accept for maintenance and serve water through a line proposed to be constructed by Mr. Jack Glover at his expense. I deferred the question until I could contact Mr. Glover to ascertain whether he was subdividing within the meaning of Fairhope's subdivision regulations. In reply to my questions in a telephone conversation, Mr. Glover stated that only two parcels of property were involved, one being 10 acres and the other 12 acres. So long as no parcel involv- ed in a division of land is less than 5 acres, our regulations do not apply. Therefore, I told Mr. Rejczyk I saw no reason why Mr. Glover could not proceed, provided an easement is provided for the City's maintenance. However, subsequent to my conversations with Mr. Glover and Mr. Rejczyk, I received information giving probable cause to believe that at least one, and possibly two, lots less than 5 acres had in fact been sold by Mr. Glover prior to our conversation mentioned above. Because the regulations state that connection of a line to the City's existing main constitutes acceptance by the City of the line connected, and because there existed some uncer- tainy in my mind that the conveyance/s in question could possibly affect the City's rights as to maintenance, easements and future connections, I immediately contacted Valta Contr. Co., Mr. Glover.'s contractor installing the line, and told him not to make any connection to the City's main with Mr. Glover's line until authorization was given in writing. I notified Mr. Glover of my directions to Valta Contr. Co. (Victor Altamarino) and the reasons therefor within 30 minutes of having given the verbal order to Valta. I further informed Mr. Glover during this conversation that I felt no connections could or would be made to the City's main until such time as he appears before this Commission and satisfies the Commission that it is proper for him to proceed, either by proper subdivision application or by the Commission's judgement that his development does not require any action. THE CITY OWNS ITS WATER WORKS. ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEWERAGE SYSTEM City of Fairhope P. O. DRAWER 429 FAIRHOPE, ALABAMA 36532 Planning Commission- Page Two Jack Glover Property In either case, however, a proper easement or dedication must be provided for access to and maintenance of the waterline by the City. f While no formal application is pending, I have suggested to Mr. Glover that he appear before the Commission for informal advice and discussion as�to how he may proceed to avoid undue delay of his development. His appearance is on the Agenda for June 7th. During our most recent verbal discussion, Mr. Glover indicated some difficulty'in convincing owners of previously sold lots to agree to participate in the,subdivision process and costs of improvements. Again, I could only emphasize that once any developer installs a utility line and it is dedicated, it becomes the property of the City of Fairhope and the developer cannot, through the City, exercise any control over who may connect thereto. However, in the case of any contractural arrangement between parties, the City can neither interfere with nor be an agent to enforce such agreement. In order that all parties may be fairly informed and prepared, I have taken the liberty of making this letter available in advance to Mr. Glover and to such other interested parties as they may appear. mitted nt Officer 1 RL:br THE CITY OWNS ITS WATER WORKS, ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEWERAGE SYSTEM City of Fairhope "dw8t W"z&8OAJ, ue JAMEB P. NIX COUNCILN[NStR[: MAYOR P 0 DRAWER 429 DAVID E.91sHOP FAIRHOPE. ALABAMA 36532 SAMUEL9.sox • (205)928-213E C. O. MCCAWLEY TRISHA NELSON EVELYNP.PHILLIPS June 6, 1982 ROYC.WHITE CITY CLERK Mr. John D.(Jack) Glover P.O. Box 99 Montrose, Alabama Dear Mr. Glover: This letter is to acknowledge your appearance before the Fairhope Planning Commission at the regular meeting on June 1, 1982 at 5:00 p.m. and is formal notice that your conveyance of two'lots of one and one-half acres each on 16 March 1982(Real Property Book 109, Pages 443-51 and Pages 452-60, Probate Records of Baldwin County, Alabama) was in direct violation of the Fair - hope Subdivision Regulations and further violates state law within the meaning of Section 11-52-33, Code of Alabama 1975(1979 Cum. Suppl). As you were advised by the Commission at the referenced meeting, further conveyance of property or continued construction of improvements prior to final plat approval by the Commission is prohibited. Further, unless you have within 30 days from the date of this letter filed an application for subdivision approval for the Comm- ission's consideration at the next meeting, the City will proceed to avail itself of the remedies provided by law for the violations noted herein. You were further advised that all improvements construct- ed within the area subdivided must meet the City's con- struction standards before approval of plat can finally be considered. Sincerely,, Roy/Nhite,, Vice -Chairman P ning & Zoning Commission :bl N10- THE CITY OWNS ITS WATER WORKS. ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEWERAGE SYSTEM