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HomeMy WebLinkAbout08-15-2022 Board of Adjustments MinutesAugust 15, 2022 Board of Adjustments Minutes The Board of Adjustments met Monday, August 15, 2022, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Anil Vira, Chairman; Cathy Slagle, Vice-Chair; Frank Lamia; Donna Cook; Ryan Baker; Hunter Simmons, Planning and Zoning Manager; Michelle Melton, City Planner; and Allie Knutson, Secretary. Anil Vira, Chairman, called the meeting to order at 5:00 PM. Appointment of Board Member Chairman Vira stated that the first order of business was to allow Ryan Baker (Alternate II) to fill the vacant spot on the Board of Adjustments. Cathy Slagle made a motion to appoint Ryan Baker as a full-time member. Frank Lamia seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, and Donna Cook. Nay:None. Approval of Minutes Cathy Slagle made a motion to approve the minutes from the July 18, 2022, meeting. Donna Cook seconded the motion and the motion carried with the following vote: Aye: Cathy Slagle, Frank Lamia, and Donna Cook. Nay: None. Abstain: Anil Vira and Ryan Baker. BOA 22.08 Public hearing to consider the request of the Applicant, Steve Cumbie with Lanier Construction, Inc., acting on behalf of St. Lawrence Catholic Church, for a Special Exception to allow the construction of a columbarium for property zoned R-2, Medium Density Single-Family Residential District. The property is approximately 2.17 acres and is located 370 S. Section Street. PPIN #: 40048 Michelle Melton, City Planner, presented the case summary and showed a map of the subject property. A columbarium is defined as "vault or other structure with recesses in the walls to receive the ashes of the dead." A columbarium's usage is most closely identified with a cemetery, which is defined in the City of Fairhope Zoning Ordinance as "land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries." A Special Exception is required in the R-2 zoning classification to authorize a cemetery as an allowable use. The applicant is proposing to construct the columbarium southwesterly behind the existing multi-purpose building facing S. Section Street. The columbarium will be mostly shielded by the existing multi-purpose building. The columbarium consists of four wall structures approximately seven feet tall each all around. The wall structure consists of concrete blocks with thirty-six um niches placed in the inner perimeter facing inward toward existing landscaping. The proposed plans were shown on the screen. 1 August 15, 2022 Board of Adjustments Minutes Recommendation: Staff recommends approval of BOA 22.08, for a Special Exception to construct a columbarium on the subject property. Applicant, Steve Cumbie, stated that the structure will be made up of stone, marble, and concrete at the rear of the church and that it is not a large structure. Frank Lamia asked if the columbarium would affect the drainage, to which Mr. Cumbie stated it would not and that the church currently has sculptures in that area now. Chairman Vira mentioned a letter that was received asking where Ann Street was in relation to the structure. Another member from Lanier Construction stated that the col um barium will not be able to be seen from Ann Street. Hunter Simmons, Planning and Zoning Manager, listed other churches that have a columbarium. Mr. Cumbie mentioned that there are good drainage organics on the backside of the church, he did not foresee drainage problems. Chairman Vira opened the public hearing. Ralph Anderson, 105 Kirkman Lane, stated that the drainage currently runs from the church to his property and that it needs to drain elsewhere other than organics. His property is at the bottom of a ravine, and he has spent thousands of dollars on fixing the drainage problem. Donna Cook asked if the City had done anything to help. Mr. Anderson stated that several Mayors and City Council Members had been to his property, but nothing had been done. The City drain on the street is not big enough to handle the amount of drainage. The organics are not absorbing it either. Ryan Baker stated that he is familiar with the area and asked Mr. Simmons if the approval of the Special Exception needed to be contingent on the City reviewing the drainage. Mr. Simmons replied that the drainage would be looked at, but that the Subdivision Regulations do not apply to this request and that fixing the drainage in an area this size is not something that staff can make the Applicant do for a project this scale. The recommendation of approval could require a grading plan to be submitted with the permit. Frank Lamia asked if an Engineer would be needed for that, Mr. Simmons stated that a Contractor can do a grading plan and that the church may already have one, but there is nothing structural about this project that would require a Civil Engineer. Ryan Baker stated that he did not think this project would cause much adverse effects, but that it will beautify that area of the church. Mr. Anderson replied that more concrete is the problem, the city drains are not currently working properly, and every bit adds up to make a big problem at the bottom of the hill. Mr. Simmons suggested asking the church about using pervious pavers instead of concrete sidewalk. Mr. Cumbie stated that the project area is small and is not creating more runoff. Pavers with separation could be used for absorption, but there is enough ground area with grass to absorb water. Mr. Anderson replied that they cannot handle any more water on their property. Mr. Cumbie replied that they will not be changing the direction of the flow of water, everything will be absorbed on the property. 2 August 15, 2022 Board of Adjustments Minutes Mr. Simmons reminded everyone that this request is for the use. Cathy Slagle asked Mr. Cumbie if the church was agreeable to using pervious pavers, Mr. Cumbie replied that the church had agreed to use pervious pavers instead of sidewalk. Donna Cook asked ifthere was erosion at the back of the church. Mr. Anderson stated that they cannot get to the back of the other properties, but that there is erosion down the hill, and it is creating a hole in their backyard. Chairman Vira closed the public hearing. Frank Lamia stated that he would be in favor of the Special Exception if everything under the structure, besides the foundation, was pervious paving. He believed it would be an improvement from what they have now. Motion: Frank Lamia made a motion to approve Case BOA 22.08, the Special Exception to allow construction of a columbarium, subject to the following condition: l. The use of pervious paving materials under the structure, aside from the foundation. Ryan Baker seconded the motion. Donna Cook asked Frank Lamia to repeat his motion. Frank Lamia replied that all of the paving area, except for the foundation under the structure, would be pervious. Donna Cook wondered if they could correct part of the existing problem with this project by diverting the water elsewhere. Mr. Simmons replied that he was unsure that the water would not still run down the hill if diverted to the other side of the property. Ryan Baker stated that they are taking up other things like a driveway or a parking space that could be required to have by code to compensate for the water. There are already materials there that are impervious like a sidewalk and there is also koi pond. You would be asking them to redesign the entire site for an 80-sqaure feet. Mr. Simmons reminded everyone that this request is just for the use and that the City has grants to restore the gully. Ryan Baker stated that there had been a motion made and that he seconded it. Chairman Vira asked for a roll call vote and the motion to approve Case BOA 22.08, the Special Exception to allow the construction of a columbarium, subject to the paving area being a pervious surface, carried with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, and Ryan Baker. Nay: Donna Cook 3 August 15, 2022 Board of Adjustments Minutes BOA 22.09 Public hearing to consider the request of the Owner, FST Section Street Hospitality group, LLC, for a Special Exception to allow Hotel Use for property zoned B-2, General Business District. The property is approximately 0.26 acres and is located at 158 N. Section Street. PPIN #: 112977 Hunter Simmons presented the case summary, the site was once a dental office, but is now vacant. A map was shown of the subject property. A hotel in the B-2 district is not permitted "by-right" in the zoning ordinance. However, a hotel is allowed on appeal to the Zoning Board of Adjustment, subject to special conditions. Therefore, the applicant has filed for a use appeal to allow for the hotel use on the subject property. Existing site conditions were shown. The subject property will be developed as a three story, 15 room hotel. In addition to guest rooms, the first floor will provide a reception area, a guest lounge where breakfast and afternoon refreshments could be provided to hotel guests, and an atrium area. The second and third floors will provide guest rooms, some with adjoining suites. The rooftop terrace is anticipated to be a bar/event space area. Presently, the developer is considering whether the rooftop terrace space would be available to the public, available to hotel guests only, or available on a more limited membership/club basis. Regardless of the determination, operations would be in compliance with City of Fairhope ordinances, including noise ordinance requirements. Subject to the results of geotechnical surveys, a basement may be employed for back of house services such as management office, laundry facilities and storage. Should a basement not be feasible, a first-floor room would be converted to back of house services. The developer plans to have this as a full-service boutique hotel concept and does not anticipate operating it as an "Air BNB" concept. The plan provides for 7 on-site parking spaces. A site plan, elevations, and floorplans were shown. Buildings are limited to 40' or 3 stories in the CBD. Elevations provided by the architect show only the elevator structure exceeds the 40' height limit, which has an exception in the Rooftop Terrace section of the Zoning Ordinance. All other portions of the building are under the 40' limit. A Rooftop Terrace is not a "story." However, a basement is defined as a story within the Zoning Ordinance. Consequently, the addition of the basement makes the proposed building 4 stories, which is not allowed in the CBD. Within the applicant's narrative, they mention converting a ground floor room to the service area if the basement is not allowed. Removal of the basement in the proposed plans would bring the plans into compliance with the height limit/stories. The applicant is proposing a Rooftop Terrace. For reference, a Rooftop Terrace is defined as an outdoor amenity area located on the roof of a building. A rooftop terrace shall be accessory to the primary use of the building. Individually owned and operated businesses or venues shall not occupy a rooftop terrace. Structures, excluding elevators and stairwells, cover 24.8% of the entire rooftop. However, the same plan illustrates other walls, fireplaces, and a "covered lounge" which are not included in the applicant's calculations. Structures on the Rooftop Terrace will have to be revised to meet the 25% cap. If the use is approved by Board of Adjustment, the applicant will submit for a Site 4 August 15, 2022 Board of Adjustments Minutes Plan/MOP review that will be reviewed by the Fairhope City Council and Planning Commission. Staff reviewed existing parking in the vicinity of the proposed hotel. There are 8 on-street parking spaces adjacent to the subject property. The proposed site plan would remove two of those spaces to accommodate ingress/egress. The removal of 2 spaces and addition of 7 on-site spaces results in a net gain of 5 spaces either on-site or immediately adjacent. The proposed hotel is also across Section St from the Fairhope City Hall/Civic Center. Public parking is available at the City Hall/Civic Center. Staff believes the proposed project, in this location, strikes a balance by providing a non-automobile-centric design, but also containing some of the parking burden on their property. Recommendation: Staff recommends approval of BOA 22.09, the Special Exception to allow hotel use, subject to the following conditions: 1. Proposed building is limited to 3-stories. Basement is not allowed without removing an upper-story floor. 2. Rooftop floor plan shall be revised to limit structures to 25%. Chairman Vira asked why rooftop terraces are limited to 25%. Mr. Simmons stated that a rooftop terrace is essentially a fourth floor, but the CBD is limited to 40 feet and three stories. 25% is supposed to be located away from the public right-of-ways to preserve a street view. There is no cap for rooftop terraces on a one-or two-story building, only three-story buildings. Ryan Baker asked how many parking spaces exist around the site currently and how many will they end up with. Mr. Simmons replied that they are adding 7 spaces on site and removing 2 of the on-street parking spaces. There are currently 8 spaces adjacent. Cathy Slagle asked about overnight street parking not being allowed. Mr. Simmons stated overnight parking is not enforced or penalized unless someone is lingering for a couple of days. We do not have anyone monitoring parking or meters. There is some language stating that RV's, food trucks, or commercial vehicles cannot be parked overnight. There are no current conversations to change enforcement of overnight parking. Jay Watkins, Applicant, stated that the project had been started 18 months ago and he has been working with Mr. Simmons, the Mayor, and City Council. He believes that the proposed plan provides good use, alleviates parking concerns of street spaces being used with the 7 spots being provided and being across from City Hall. There is also a possibility of valet to the parking garage. Frank Lamia asked what was anticipated for the rooftop terrace. Mr. Watkins replied that they want to use it for an event or bar space, it could also be used for wedding receptions and rehearsal dinners. They are also considering a membership for the bar, but that they do not want to have a full-time bar. Cathy Slagle asked ifthere would be any commercial space. Mr. Watkins stated that there was no commercial space outside of the hotel aside from a giftshop. 5 August 15, 2022 Board of Adjustments Minutes Anil Vira stated that the concept was nice and promotes shopping and staying in Fairhope. Mr. Watkins stated that they do not plan to have a restaurant because they want to push patrons out to the existing dining options that Fairhope has. Cathy Slagle asked if the main entrance was on Oak Street or Section Street. Mr. Watkins replied that access was on both with parking and loading in the rear. Ryan Baker mentioned that valet is a great idea to get people to use the parking garage. Chairman Vira opened the public hearing. Having no one present to speak, the public hearing was closed. Motion: Cathy Slagle made a motion to approve BOA 22.09, subject to staffs conditions. Frank Lamia seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker. Nay: None. Old/New Business Chairman Vira stated that there were three items that had been voted on previously but had expired, so the requests are being revisited. Mr. Simmons replied that these items will have a public hearing. Public hearing for BOA 20.07, 900 Creek Drive. PPIN #: 21903 Mr. Simmons stated that this Applicant had been granted a 24' front setback variance. There had been three lots combined into one, a drawing was shown on the screen, at the end of a cul-de-sac. The motion that was previously made was approval to allow a 24'variance to the front yard setback, subject to staffs conditions: 1. Lot 1, Lot 2 and Lot 3 ofVolanta View subdivision shall be re-plated as one lot. The plat must be signed by Staff and recorded with the Judge of Probate prior to the issuance of building permits. 2. Location of the underground utility shall be shown on the recorded plat 3. A 5' drainage easement shall be included on the above-mentioned recorded plat along the southern boundary. 4. A recorded 10' easement granted to the applicant and lying south of the 5' drainage easement shall be recorded with the Judge of Probate. Final language shall be approved by Staff prior to filing with the Judge of Probate. 5. Coordination with the City of Fairhope Utilities Department prior to the issuance of building permits. 6. Placement of a note on the subdivision plat stating that a dwelling will be constructed on existing underground utilities. Any future structure must comply with Fairhope Public Utility regulations. 7. Existing structure and utilities located on Lot 3 will be removed prior to issuance of a building permit for new construction. 6 August 15, 2022 Board of Adjustments Minutes Applicant, JJ McCool, stated that he did record the variance the next day. Mr. Simmons stated that are two things that need to be done with a variance, it needs to be recorded and it needs to be acted upon. Mr. McCool stated that Covid pushed the construction back and then the plans changed. The drawings are done and have been given to their Engineer to do the foundation plan. Ryan Baker asked if any of the seven conditions had been completed. Mr. McCool replied that they have taken care of all of the conditions that had been made. They just have not started construction. Chairman Vira opened the public hearing. Having no one present to speak, the public hearing was closed. Mr. Simmons added that no new comments had been received. Ryan Baker asked if the list of conditions needed to be amended since they had been acted upon. Mr. Simmons recommended leaving the conditions as is. Motion: Ryan Baker made a motion to approve BOA 20.07, subject to staffs conditions. Donna Cook seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker. Nay:None. Public hearing for BOA 21.02, 301 Magnolia Avenue. PPIN #: 15164 Mr. Simmons stated that two variances had been granted in the past. This property has also been through a Site Plan Review, an MOP, and Tree Commission. One variance for parking to be facing the street rather than being screened per CBD requirements due to two garage facing Church Street. The second variance for the sidewalk width to be 4' rather than 6' in a small section. Staffs conditions of approval that were adopted were: I. All sidewalks shall be ADA compliant and shall be a minimum of 4' in width. 2. The subject site shall be limited to two garages that address Church Street. 3. Installation of sidewalks, driveways, utilities, etc. within the city ROW shall require a ROW permit. Trimming and/or removal trees in the ROW shall be approved by the City of Fairhope Public Works Department. Chairman Vira asked why the variance had not been acted upon. The Applicant, Vance McCown, stated that it was recorded, but not acted upon. Cathy Slagle asked if they were ready to proceed. Mr. McCown replied that they would like to be able to and that a 6- month extension for the site plan had been approved by City Council. Mr. Simmons stated that City Council has the ability to grant a second 6-month extension. Chairman Vira opened the public hearing. Having no one present to speak, the public hearing was closed. 7 August 15, 2022 Board of Adjustments Minutes Motion: Donna Cook made a motion to approve BOA 21.02, subject to staff's conditions 1-3. Cathy Slagle seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, Donna Cook, and Ryan Baker. Nay:None. Public hearing for BOA 21.04, 325 Pecan Ridge Boulevard. PPIN #: 270281 Mr. Simmons stated that two lots were platted with 45' front setbacks in this subdivision. This property previously had a variance granted in 2018, the current request is a IO' variance to the front setback requirements and a 7' variance to the rear setback requirements. The original buyers who were purchasing this property are no longer involved, but the original owner paid to have this case heard again. The Owner was not present. Chairman Vira opened the public hearing and confirmed that no additional comments had been received regarding this case. Cathy Slagle asked if someone was going to build on this lot if a variance was approved again. Mr. Simmons stated that he would let it expire if its not acted upon with the year. Ryan Baker stated that there does not seem to be movement in the plans and asked what would happen if the property was sold. Mr. Simmons stated that it would fall back to the platted setbacks if it expired. If the variance requests were denied, it would also revert back to the platted setbacks. Chairman Vira closed the public hearing. Motion: Cathy Slagle made a motion to approve BOA 21.04, to grant a IO' variance to the front setback requirements and a 7' variance to the rear setback requirements. Donna Cook seconded the motion and the motion carried with the following vote: Aye: Anil Vira, Cathy Slagle, Frank Lamia, and Donna Cook. Nay: Ryan Baker. Mr. Simmons stated that there would be three cases on next month's agenda. Chairman Vira asked for information regarding any Applicant's that may want to apply for the vacant Alternate position. Mr. Simmons stated that Applicants should send their applications to the City Clerk. Adiournment Cathy Slagle made a motion to adjourn, and the motion carried unanimously with the following vote: Aye: Cathy Slagle, Frank Lamia, Donna Cook, and David Martin. Nay: None. 8 August 15, 2022 Board of Adjustments Minutes Adjourned at 6:14 p.m. ~L!KV~ Anil Vira, Chairman UJU,u~ Allie Knutson, Secretary 9