HomeMy WebLinkAbout08-01-1983 Regular MeetingI
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The Planning & Zoning Commission of the City of Fairhope
met August 1, 1983 at 5:00 p.m. at the City Hall Complex
161 N. Section Street
Present: Chairman, Roy White; members Cecil Pitman
Cindy McBrearty, James P. Nix, E. Jack Kirk, Robert
Mason, Mary Doug Foreman, Harrell Holder, John Parker,
Zoning Enforcement Officer, Bob Lunsford.
The July 12, 1983 minutes were adopted after corrections
noted, and the July 18th special meeting minutes were
adopted as written.
At this time Mr. White read a letter from Mr. Carlton
Niemeyer asking about the possibility of putting a
veternarian office in and was this a use permitted
in the B2 zone. The Commission was under the opinion
that this was a matter for the Board of Adjustments
& Appeals and so informed him.
A preliminary and final subdivision approval was sought
for Art's subdivision, one lot divided into two by Mr.
Art Verhoestra. Property located on Greeno Road at the
southern City Limits. Bob's comments were noted in that
lots front on Greeno Rd and there are already two houses
on this property served by septic tanks and other utilities
are abutting. He had recommended preliminary and final
approval and Cecil Pitman so moved, Jack Kirk seconded
and motion carried unanimously.
Bob presented an application for a resubdivision of Lot
1 of Howard subdivision in Greeno Park into two lots.
Bob had recommended preliminary and final approval subject
to on the plat designating the south boundary as the corp-
orate limits, removing R-4 zone designation from Ingersoll
property and further designate zoning of these lots as B-2.
Mr. Parker asked if any of these lots was developed now
and Bob remarked that the East lot housed Dr. Spiers office,
John Parker further moved that we approved this resubdivisic
application subject to the three provisions Bob mentioned
being complied with., Cindy McBrearty seconded. Further
discussion led to an amendment to the motion that approval
be given but access from Spring Run only be allowed.
This amended motion carried unanimously.
Under old business the Commission discussed the Rolling
Oaks subdivision/Jack Glover developer. Bob mentioned
again the six points he had brought to Mr. Glover's
attention as lacking in his subdivision development and
were necessary to come into compliance with our regulations
He remarked that so far Mr. Glover had not come forth with
any of these items. He was asking the Commission's directic
Cecil Pitman moved to write a letter setting out things
we needed and giving him 30 days to do this or give reason
why he could not, or matter would be turned over to the Cit]
Attorney. Harrell Holder seconded and motion carried unani-
mously.
Jack Mayhall spoke to the Commission about Windmere sub-
division. He had presented as built plans to the Commissic
The Commission after looking at the plans presented still
asked Mr. Mayhall to come back at the next meeting with
a preliminary plat fo�subdivision. Mr. White told Mr.
Mayhall that it would inappropriate to try to find the
vehicle to justify what already has been done in the sub-
division. The subdivision is illegal because no plat
was submitted for commission approval and because the
street does not meet standards for a dedicated public stre(
Mr. Mayhall presented a recorded homeowners association
agreement that provided for maintenance on the street whicl
they wish to privately maintain. Bob read to the Commissi(
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Page two August 1, 1983
Planning & Zoning Commission
a letter he had written setting his recommendations
out which were the the required improvements be per-
formed to bring the subdivision into compliance, subject
to the County Engineer and county commission's approval
or that the city attorney be instructed to file suit
against Mr. Mayhall seeking recovery on the performance
bond. It was decided that the subdivision could be brought
into compliance if Mr. Mayhall had the cooperation of
the landowners. Mr. Mayhall said he was willing to do
what was necessary to bring it into compliance. Further
discussion led to a motion by J.P. Nix to consider a
preliminary plat to be presented at the next meeting,
Robert Mason seconded and motion carried unanimously.
Art Rigas spoke to the Commission regarding the Greeno
Park Lot 18 resubdivision. He said he needed to know
what had been decided about the drainage easement question,
Mr. Rigas was told that we had a ruling from the attorney
regarding the easement question. Bob's comments were
noted in that he had recommended preliminary and final
approval of the sketch plan subject to establishment of
a 15 foot building setback;o.n each side of the
centerline of the existing drainage ditch. James P. Nix
so moved, Robert Mason seconded, at this time Mr. Parker
asked if Mr. Nix would accept as an amendment to his
motion that in lieu of the drainage easement being
stipulated that any buildings built have a 15 ft setback
from centerline of the ditch as established by registered
engineer, Mr. Nix said all right but made observation
that the centerline of the ditch does not necessarily
coincide with the property line. Amended motion passed
unanimously.
Mr. Huddleston came forth at this time rpirg Mr.
Matt Dial. He informed Commission at last meeting he
would not be available for this meeting date. Commission
was to seek opinion from city attorney whether or not
Planning Commission was the place to come for this complaii
Mr. White informed Mr. Huddleston that we had an opinion
from the attorney that the Commission could hear a specifi(
case for land use. Further discussion led to Commission
remarking that they did not have a copy of Mr. Huddleston';
letter sent to Mr. Reid and Mr. Lunsford and they would
like a chance to study the questions asked before they
reply and Robert Mason so moved that this be tabled until
the next monthly meeting which was scheduled at 5:00 p.m.
September 6, 1983, John Parker seconded and motion carried
unanimously.
There being no further business, meeting was duly adjournec
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