HomeMy WebLinkAbout10-17-2022 Board of Adjustments MinutesOctober 17, 2022
Board of Adjustments Minutes
The Board of Adjustments met Monday, October 17, 2022, at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Cathy Slagle, Vice-Chair; Frank Lamia; Ryan Baker; Donna Cook; Hunter
Simmons, Planning and Zoning Manager; Mike Jeffries, Development Services Manager;
Casey Potts, City Planner; and Michelle Melton, City Planner.
Absent: Anil Vira, Chairman; and Allie Knutson, Secretary.
Cathy Slagle, Vice-Chair, called the meeting to order at 5:01 PM.
Approval of Minutes
Ryan Baker made a motion to approve the minutes from the September 19, 2022,
meeting.
Frank Lamia seconded the motion and the motion carried with the following vote:
Aye: Cathy Slagle, Frank Lamia, Ryan Baker, and David Martin.
Nay:None.
Abstain: Donna Cook
BOA 22.13 Public hearing to consider the request of the Applicant, Brittney Pronesti
with Frameworx, acting on behalf of the Owner, Tyler Niemeyer, for a 15' variance to the
street side setback requirements for property zoned R-2, Medium Density Single-Family
Residential District. The property is approximately 0.31 acres and is located at 508 Patlynn
Drive. PPIN #: 56337
Casey Potts, City Planner, presented the case summary, showing a map and aerial of the
property.
The applicant, Tyler Preston Niemeyer, is requesting a 15' variance to the street side setback
located at the southeast comer of Patlynn Drive and Allison Court. The property is zoned R-2
Medium Density Single-Family Residential District. The recorded plat reflects a 35' side street
setback, which is more stringent than the 20' side street setback requirement in the Zoning
Ordinance. This discrepancy is the reason the applicant is requesting a 15' side street setback
variance.
The subject property is Lot 6 of Unit One, Replat of The Pines Subdivision as recorded in 1977
on Slide 883-A. The plat depicts a 35' front setback along all rights-of-way. The plat has twelve
lots that depict these setbacks on two frontages. However, there are existing structures that do
not comply with the 35' platted side street setback. There are six out of the twelve properties that
only comply with the 20' Zoning Ordinance requirement.
There is a discrepancy between the two surveys. The existing 2013 survey showed that the
carport was 20.3' from the property line. In the documentation that was provided by the
Applicant, the 20' setback is shown in a different location in relation to the carport. The 20'
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Board of Adjustments Minutes
building setback line is being discussed and that is what they would be held to for any
construction on site.
The variance request of 15' is compliant with the Street Side Setback requirements shown in
Table 3-2 in the City of Fairhope's Zoning Ordinance.
Recommendation:
Staff recommends approval of BOA 22.13, 508 Patlynn Drive, a request for a 15' variance to the
street side setback requirements.
Frank Lamia asked what kind of addition the Applicant is proposing. Mr. Simmons replied that
the Applicant is proposing to add an enclosed portion to the house, but is leaving the carport
open, which leaves an odd space with the covered porch. No clarification has been given for that
space and no elevations or architectural details were provided. The variance runs with the land,
not the design or the plan. If no precedent had been created in this neighborhood, staff would
have given a recommendation to deny as the platted setback is 35'. The plat was recorded in
1977 prior to the current form of the Zoning Ordinance. There is no record of a variance being
granted for this property, he is not sure how the carport being closer to the street than the house
with a 20' setback was allowed without a variance. This addition would bring the house in line
with the carport.
Ryan Baker asked if any of the other six properties received variances. Mr. Simmons stated that
the records between 1977-1999 are mixed up, but that no other variances were found on the other
properties in the files that are digitized.
Frank Lamia asked if there had been any objection from neighbors, Mr. Simmons replied that
there had not been any comments received.
Ryan Baker asked if the property did not have the 35' setback, what side would the front be
considered as. Mr. Simmons stated that based on dimensions, the frontage is on Patlynn, the
narrowest side of the lot.
The Applicant was not present to speak, thus, Cathy Slagle opened the public hearing. Having no
one present to speak, the public hearing was closed.
Motion:
Donna Cook made a motion to approve Case BOA 22.13 for a 15' variance to the street
side setback requirements, resulting in a 20' street side setback.
Frank Lamia seconded the motion and the motion carried unanimously with the following
vote:
Aye: Cathy Slagle, Frank Lamia, Ryan Baker, and Donna Cook.
Nay: None.
Mr. Simmons added that a revised site plan that matches the 20' setback is needed at time
of permit.
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Old/New Business
Mr. Simmons stated that there would be one case to be heard at the November meeting.
Adiournment
Ryan Baker made a motion to adjourn.
Donna Cook seconded the motion and the motion carried unanimously with the following
vote:
Aye: Cathy Slagle, Frank Lamia, Ryan Baker, and Donna Cook.
Nay: None.
Adjourned at 5:18 p.m.
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