HomeMy WebLinkAbout12-06-1982 Regular MeetingI
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The Planning & Zoning Commission of the City of Fairhope met
December 6, 1982 at the new Civic Center Complex at 5:00 p.m.
Present were Chairman Richard Sanderson, members John Parker,
Cindy McBrearty, James P. Nix, Harrell Holder, Roy White, E.
Jack Kirk and Robert Mason. Regional Planning Director and Con-
sultant Don Pruitt and Zoning Official Bob Lunsford, secretary
Betty Rivenbark
The minutes of the October 4, 1982 meeting were approved on
motion by James P. Nix, seconded by Harrell Holder and unanimousl
carried.
Under old business, Barbara Manders was given preliminary approva
for a two lot subdivision on Winn Lane, subject to approval from
the Board of Adjustments & Appeals on 0.7 foot frontage dificienc
on said lots. The Adjustment Board met November 15th and granted
the variance, therefore final approval was recommended by Bob
Lunsford. Harrell Holder so moved, seconded by Jack Kirk motion
carried unanimously.
Bob brought to the Board's attention a denial of a building permi
for property Rosa Mae Benjamin to Barbara Jean Smith a resubdivis
of Lot 4, Block 7, Hoyle-Worchester Addition. Key Homes was
denied permit for the south half of the lot. It was noted that
lot was subdivided without consulting the Commission. Besides
being improperly subdivided, the land fronts on McDonald Lane
which has only a 20 foot wide right-of-way, a 10 ft. deficiency
according to zoning regulations and subdivision regulations
require minimum width of 40 feet for street access. Bob reported
that Mrs. Benjamin had requested this be withdrawn but asked
if Commission wished to take action regarding improper subdivisio
Harrell Holder moved to continue to decline permit until a proper
subdivision application is submitted. Jack Kirk seconded and
motion carried unanimously.
Consideration was given to the 23 lot subdivision application
presented by FSTC abutting Fairland Avenue and called Fairland
Subdivision. Bob's comments were noted in that he needed 1.
legal description of property 2. typical street cross-section
and 3. 100 year flood boundary on plat. He also handed out
copies of the plat for review with the comment that lot #23
is a problem in that the width of the lot does not allow for
a utility easement, but easement can serve as part of the side
yard. John Parker brought up question about parcel designated
as park. Don Pruitt offered that whoever bought lots 9 & 10
split and let them handle responsibility, as although it it
is dedicated, may not be maintained by the City unless and until
accepted by the City Council for maintenance. Further discussion
led to Harrell Holder moving to divide parcel designated as park
on plat between lots 9 & 10 but maintain easement. Cindy McBrear
seconded and motion carried unanimously. James P. Nix moved that
preliminary and final approval be granted subject to this meeting
full subdivision requirements(with 3 points noted by Ack Moore)
Jack Kirk seconded and motion carried unanimously.
An application for preliminary and final plat approval of Troyer
Grove, Unit II was presented. Shirley Hoffren being lessee.
Bob had commented that there were four conditions he felt ought
to be complied with. Being 1, the remaining portion of the
leasehold be designated as Lot 3. 2. Execution of owner's
and lessee's acknowledgements on the plat. 3. Presentation
of written approval of the County Health Department for waste
disposal. 4. Approval of the plat by the County Engineer in
writing. At this time it was reported that approval from the
health department was here and approval from the FSTC. Mrs.
Hoffren said there would be no problem in designating the remain-
ing portion of the leasehold Lot 3. No. 4 would be approved as
soon as taken to Bay Minette for recording. James P. Nix moved
for approval subject to the all 4 conditions outlined by Bob
Lunsford being met. Cindy McBrearty seconded and motion carried
unanimously.
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Mr. Charles Dyas was recognized and mentioned that he was
submitting a rezone application for the eleventh year. The
Board advised Mr. Dyas that this would be accepted and advertised
for the January meeting and he would have a chance to present
a statement at that time. Jack Kirk moved to accept for
advertising for the January 3rd meeting at which time a public
hearing will be held. John Parker seconded and motion carried
unanimously.
At this time Mr. Matt Dial came forth and told the Commission
Members the problems he was having at his Commercial Park
development. He had asked that he be included in the present
Paving Assessment Program and now after Ack Moore had gone out
to start on his property he found the sub -grade to be muck and
and to straighten out the problem.is going to be considerable
expense. It was asked if shells was proper and pointed out
that blacktop was specified in the ordinance. John Parker
asked what the stipulation was when the alleys was approved.
At the time it was approved with the understanding that they
could be paved at a later date when the road goes through(which
is in this assessment program). Mr. Dial went on to tell the
Commission of the loading and unloading problems that are presen
now at Commercial Park. He remarked that he wished to further
develop the area but he feels that it is not being utilized as
it was approved for. Mr. Nix pointed out that the M-1 permits th
use as long as the parking requirements are being met. Bob
related that he was holding a building permit now in an effort
to help clear up the parking problems and get the present
tenants to conform. That he is doing everything he can to solve
this problem short of evicting them, which would put us in line
for a lawsuit. Mr. Parker asked what was Mr.. Dial looking for
from the Commission and it was determined that he wished for
the City to enforce the zoning use as developed. All felt that
the City was trying to solve the problem.
There being no further business, meeting was duly adjourned.
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