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HomeMy WebLinkAbout08-01-1983 Regular MeetingI II III IV W 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( )n t. VI VII 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 .t