HomeMy WebLinkAbout07-18-2022 Board of Adjustments Agenda PacketMay 16, 2022
Board of Adjustments Minutes
1
The Board of Adjustments met Monday, May 16, 2022, at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chairman; Mike Baugh; Frank Lamia; Donna Cook; David Martin,
Alternate I; Hunter Simmons, Planning and Zoning Manager; Mike Jeffries,
Development Services Manager; Casey Potts, City Planner; and Allie Knutson, Secretary.
Absent: Cathy Slagle.
Chairman Vira called the meeting to order at 5:02 PM.
Approval of Minutes
Donna Cook made a motion to approve the minutes from the April 18, 2022, meeting.
Flank Lamia seconded the motion and the motion carried with the following vote:
Aye: Anil Vira, Mike Baugh, Frank Lamia, and Donna Cook.
Nay: None.
Abstain: David Martin.
BOA 22.05 Public hearing to consider the request of the Applicant, Watershed, LLC,
acting on behalf of the Owner, Eastern Shore American Legion, for a Special Exception to
allow Community Center Use, Restaurant Use, and Bar Use for property zoned B-3a, Tourist
Lodging Resort. The property is approximately 3.2 acres and is located at 700 South Mobile
Street. PPIN #: 11940
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
The Eastern Shore American Legion is viewed as a historic icon, preserving it was in everyone’s
best interest. The subject property is zoned B-3a, the applicant desires to develop the subject
property as a Community Center or Club, Restaurant, and Bar, which is allowed only on appeal
and subject to special conditions. The proposed plans show the historic porch on the rear side of
the building, the building will be brought up to the current codes as far as accessibility, the gabled
roof hides the elevator shaft that will be added.
The applicant meets the parking requirements for all the proposed uses. The parking to the South
of building will serve daily uses. The parking to the north and west of the building is provided for
member parties or events. Outside of member parties or events, the lot will be closed, resulting in
a total of 79 parking spaces available for use. Landscape buffers were also voluntarily put in even
though most of the adjacent properties are also zoned B-3a.
Per the City of Fairhope’s Zoning Ordinance, Restaurant Use is defined as a business serving
prepared meals for consumption on the premises, which may include an accessory bar, carry out,
drive‐through, or catering services. Although the definition of a restaurant includes a drive‐through
as a permitted use, the applicant does not plan to implement one on site. Staff believes a drive‐
through does not fit with the character of the neighborhood.
May 16, 2022
Board of Adjustments Minutes
2
Recommendation:
Staff recommends conditional approval of the Special Exception for Restaurant, Bar, and
Community Center or Club use for the site known as Eastern Shore American Legion with the
following conditions:
1. A drive-through shall not be an allowed use on this site.
Chairman Vira stated that some of their parking spaces are not located on their property as a
triangular piece next to Denton Lane belongs to Baron’s Inn.
Mr. Simmons, Chairman Vira, and Frank Lamia looked at the survey that had been provided.
The survey and tax map did not show the triangular piece of property as being separate.
Mr. Simmons stated that this approval is just for the use, but that approving the use does not
negate their responsibility to correct the parking.
Frank Lamia asked if it would have an impact on their building permit.
Mr. Simmons stated that the applicant would have to revise their site plan or do a parking
agreement. Parking requirements would still have to be met to obtain a building permit.
There were no further questions for staff and the applicant was not present.
Chairman Vira opened the Public Hearing. Having no one present to speak, the Public Hearing
was closed.
Motion:
Frank Lamia made a motion to approve Case BOA 22.05, subject to staff’s condition.
David Martin seconded the motion and the motion carried unanimously with the
following vote:
Aye: Anil Vira, Mike Baugh, Frank Lamia, Donna Cook, and David Martin.
Nay: None.
BOA 22.06 Public hearing to consider the Applicant, Bryan Peacock, acting on
behalf of the Owner, Eastern Shore Presbyterian Church, Inc, for a Use Not
Provided For to allow Church Use for property that is zoned R-1, Low Density
Single-Family. The property is approximately 13.3 acres and located at 320
Presbyterian Drive. PPIN#: 9894, 111029, 115671
Mike Jeffries, Development Services Manager, presented the case summary.
The applicant is requesting a use which is not indicated as a use allowed by right; a use
allowed subject to special conditions; nor a use allowed on appeal to the board of
adjustments as defined in Table 3-1: Use Table. Consequently, and as set by historical
precedent, the proposed use is brought to the board as a “use not provided for” as the
applicant is proposing to expand the existing facilities.
May 16, 2022
Board of Adjustments Minutes
3
The applicant proposes 133 parking spaces (40 rock parking spaces and 93 asphalt
spaces) while only 69 spaces are required.
The Church was established in 1994 and annexed into the City of Fairhope on November
12th, 2012. By default, the property was zoned R-1. This request, if approved, will allow
for the current expansion, and will solidify the church as an allowed use for the property
for any future expansions. The church sits on three separate properties and as part of the
building permit review, a re-plat to combine the properties would be required to avoid
building across property lines.
Recommendation:
Staff recommends approval of Case BOA 22.06 to allow the Eastern Shore Presbyterian Church
to operate at 320 Presbyterian Drive to include the following PIN#’s – 9894, 111029, and
115671.
Chairman Vira asked if the church is related to the Bayshore Christian School.
Mr. Jeffries stated that the school would be an auxiliary use to the church.
The Applicant, Bryan Peacock, was present, but the Board had no further comments or
questions.
Chairman Vira opened the Public Hearing. Having no one present to speak, the Public Hearing
was closed.
Motion:
David Martin made a motion to approve Case BOA 22.06.
Frank Lamia seconded the motion and the motion carried unanimously with the following
vote:
Aye: Anil Vira, Mike Baugh, Frank Lamia, Donna Cook, and David Martin.
Nay: None.
Old/New Business
Mr. Simmons stated that there would not be a meeting next month as staff did not receive
any new applications.
Adjournment
David Martin made a motion to adjourn.
Mike Baugh seconded the motion and the motion carried unanimously with the following
vote:
Aye: Anil Vira, Mike Baugh, Frank Lamia, Donna Cook, and David Martin.
Nay: None.
May 16, 2022
Board of Adjustments Minutes
4
Adjourned at 5:22 p.m.
____________________________ ________________________
Anil Vira, Chairman Allie Knutson, Secretary
GREENO RD NJEFF DAVIS STEDWARDS AV
CENTRALBLVD
DIEHL AV
INGLESIDETERRACE CIRPATRICIAN STLEE STWESTLEY STCity of Fairhope
Board of Adjustment
July 18, 2022
¯GREENO RD NBOA 22.07 - Alpha Care
Legend
RoadParcelB-1 - Local Shopping DistrictB-4 - Business and Professional DistrictPUD - Planned Unit DevelopmentR-1 - Low Density Single-FamilyR-2 - Medium Density Single-FamilyR-3 - High Density Single-FamilyR-5 - High Density Dwelling ResidentialPlanning Jurisdiction
µ
µ
^
Project Name:Alpha CareSite Data:1.11 acresProject Type:
Special ExceptionJurisdiction:Fairhope Planning JurisdictionZoning District:PUDPPIN Number:913General Location:east side of N. Greeno Road, and north of Edwards AvenueSurveyor of Record:Overstreet & Associates PLLCEngineer of Record:Overstreet & Associates PLLCOwner / Developer:PSGC PropertiesSchool District:Fairhope Elementary SchoolFairhope Middle and High SchoolRecommendation:
Prepared by: Casey Potts
Approve
---
•
1 BOA 22.03 Fairhope Urology March 21, 2022
Summary of Request:
On behalf of PSGC Properties LLC, Lebatard Architecture is requesting a use which is not allowed by-right but by special exception in Fairhope’s Zoning Ordinance and PUD Ordinance 1142 for the property located on the east side of Greeno Road and between Gayfer Avenue and Edwards Avenue. The subject property is zoned PUD and is located within the Greeno Professional Village PUD. The applicant desires to develop the subject property as a Clinic, which is allowed only on appeal and subject to special conditions.
Comments The Greeno Professional Village PUD Ordinance requires a mandatory Site Plan Review for each building in the development. Alpha Care has gone through the review process and has been approved by the City Council conditioned on the use approval by the Board of Adjustments. The Ordinance states that “uses permitted shall be business and professional offices such as lawyers, doctors, banks, insurance, architects and similar uses.” Said Ordinance does not define how business and professional offices are interpreted as a use. As such, staff defaulted to the City of Fairhope Zoning Ordinance to define what is allowed on the site in business and professional offices. The Zoning Ordinance defines a Professional Office as “a building occupied by a profession and offering professional services to clients, customers, or patrons which may involve occasional on-site contact with clients, customers, or patrons.” The Zoning Ordinance defines a Clinic as “a place used for the care, diagnosis and treatment of ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board.” Approximately 70% of appointments will be walk-ins. Walk-ins have historically been considered a clinic use rather than a doctor’s office.
The review criteria for a use appeal is as follows:
Article II. Section C.e(2)
Any other application to the Board shall be reviewed under the following criteria and relief granted
only upon the concurring vote of four Board members:
(a) Compliance with the Comprehensive Plan:
Response: Complies
(b) Compliance with any other approved planning document;
Response: complies
(c) Compliance with the standards, goals, and intent of this ordinance;
Response: Complies
(d) The character of the surrounding property, including any pending development activity;
Response: The adjacent offices are an engineering firm, banks, and by-appointment doctors’ offices.
(e) Adequacy of public infrastructure to support the proposed development;
Response: No issues noted.
(f) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: No issues noted. The site utilizes an existing drainage system.
2 BOA 22.03 Fairhope Urology March 21, 2022
(g) Compliance with other laws and regulations of the City;
Response: No issues noted.
(h) Compliance with other applicable laws and regulations of other jurisdictions;
Response: No issues noted.
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response: An 8’ tall shadow box fence will be installed at the rear of the property line, per the PUD ordinance.
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: No issues noted.
(k) Overall benefit to the community;
Response: The use proposed will provide a clinic service for the community.
(l) Compliance with sound planning principles;
Response: Staff believes this use is in keeping with sound planning principles.
(m) Compliance with the terms and conditions of any zoning approval; and
Response: No issues noted.
(n) Any other matter relating to the health, safety, and welfare of the community.
Response: No issues noted.
Staff Recommendation: Staff recommends APPROVAL of the appeal for clinic uses for the site known as Alpha Care.
ORDINANCE NO ))42
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together with the
Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in re spect to that
certain property described below:
The appropriate public notice and hearing of, th e Planning and Zoning Commission of the City of
Fairhope, Alabama, has forwarded a negative favorable recommendation.
The City of Fairhope ha s received a request for a zoning district change from Craig Dyas representing
AMSouth Bank, Hilda Jones, J. Alan Carter, Audi e and Margaret Waters, Claude Andrews, Aileen
Andrews and James Morgan.
The properties are located on the East side of U .S. Highway 98 aka Greeno Road, North of Edwards
Avenue and South ofGayfer Avenue .
Legal Description: (Case number ZCJl2..fil)
Piw:cl..tt
05 46 05 16 I 1.001
05 46 05 16 11
05 46 05 16 12
0546051613
05 46 05 16 14
_Name
AmSouth Bank as Trnst.
Hild a Jones
Ed . Carter, Jr., ct al
Audie & Margaret
Waters
Claude Andrews
J,egal Description
Lot one (I), Britton Subdivis ion , Section
l 6-T6S-R2E, as recorded in Map Book
I 0, Page 116 , the probate office of
Baldwin County , Alabama .
Lot two (2), Britton Subdivision, Section
16-T6S-R2E, as recorded in Map Book 10 ,
Page 116, the probate office of Baldwin
County, Alabama.
Commencing at the NW comer of
Section 16, run South 619 feet ; thence
East 80 feet to a point on the East
margin of Greeno Road to a po int of
beginning; thence run East 250 feet ;
thence rnn North 150 feet ; thence
We st 250 feet ; thence South 150 feet
to the point of beginning ; all lying in
Section I 6-T6S-R2 E.
Commencing at the NW comer of
Section 16, rnn South 619.5 feet;
thence East 80 feet to the East
margin of Greeno Road to a point of
beginning; thence run East 250 feet ;
thence run South 3 7 5 feet ; thence run
West 250 feet ; thence run North
375 feet to the point of beginning; all
lying in Section 16-T6S-R2E.
Commencing at the NW comer of
Section 16, run South 1000 feet;
thence East 80 feet to a point of
beginning; thence rnn East 250 feet ;
thence South 110 feet; thence West
250 feet; thence North 110 feet to the
point of beginning; all lying in Section
16-T6S-R2E.
P.w:d..tt ...N.aJw:
05 46 05 16 15 Aileen Andrews
0546051616 James. W. & Mitzi Morgan
Ordinance No. 1142
C. Dyas -Greeno Road
Page -2-
Legal Descciptioo
Commencing at the NW comer of Section
16, run South 1110 feet; thence run East
80 feet to a point of beginning ; thence
continue East 250 feet; thence run South
90 feet; thence run West 250 feet; the11ce
run North 90 feet to the point of
beginning ; all lying in Section
16-T6S-R2E.
Lot I , Rosa Acres Unit 2, le ss and except
the road right of way; Section 16-T6S-R2E
Lots I and 2 of Commercial Center Parker
Road Subdivision as recorded in Map Book
10, Page 14, plus a parcel being described
as follows:
The classification of said property is hereby changed from RI-Low Density Single Family
Residential, R3-High Density Single Family, and R4-Multi-Family to Planned Unit
Development to allow Business and Professional Offices. This property shall hereafter be lawful
to construct on such property any structures permitted by Ordinance No. 557 and to use said
premises for any use permitted or building sought to be erected on said property shall be in
compliance with the building laws of the City of Fairhope and that any structure shall be approved by
th e Building Official of The City of Fairhope and that any s uch structure be erected only in
compliance with such laws , including the requirements of Ordinance No. 557.
Development Requirements: The property shall be constructed in substantial conformance with the
site plan attached and the development requirements below.
J Tscs Pcnnittcd·
Scthacks.:
Building Height·
T andscaping·
Site Piao Review ·
Si.gnage.;.
Ligh1ing:
Residential ·
Uses permitted shall be business and professional offices such as lawyers ,
doctors, banks, insurance, architects and similar uses . No retail is
permitted.
Front 35'
Rear 40'
Interior 1 0' ( driveway side 15')
Street Side 20'
35' as defined in the Zoning Ordinance.
Shall at a minimum meet City standards there shall also be a 8' tall
shadowbox fence at the rear property line of the entire parcel of property.
Each building shall have site plan review by the Planning Commission
and the City Council before building permits may be issued.
I ground sign shall be permitted for the development. Each building may
have signage on the building only as permitted by the sign ordinance.
The light standards s hall be no taller than the fence to be constructed at
the rear property line.
A maximum of27,000 sq. ft. of residential may be constructed in
addition to the allowed building sq. ft . This residential shall not be
converted to office use at any time in the future without a zoning
amendment.
be-gal ~otice~
Notice of Publlc Hearing •
Notice Is hereby given that the 1
mope City Councll wm hold a
bllc Heartng on the following I
proposed Ordinance Amending I Zoning Ordinance No. 557, on
Thursday , March 14, 2002, 5:30 I p.m., Fairhope Munlctpal Complex l
Council Chambef , 161 North
Section Street, Fairhope, AL 36532
AU persons who desire lhlll I
have an opportunity to be heard In
favor ol , or In opposition to, thla
1 propoaed Ordinance and in 1
cordlally Invited to be presenL
Genlece W. Johnson, City Clertl I
Ordinance No. _
Art Ordinance amending 1
Ordinance No . 557 Known II the
1 Zoning Ordinance
Be It ordained by the City I
Council of the City ol Fairhope, I Alabama, as follows: I The ordinance known as the
\
Zoning Ordinance (No. 557),
adopted 11 August 1975, together
with the Zoning Map ol the City ol
Fairhope , be and the same hereby
I is changed and altered In respect
to that certain property described
J below : The appropriate public notice
I and heartng of the Planning and I
Zon ing Commission of the City of
\
Fairhope, Alabama , has forwanled
• negative favOfable I
recommendation .
The City of Fairhope Illa
received a request for a zoning I ldlstrlct change from Craig Dy•
representing AmSouth Bank, HIida
Jones , J. Alan Carter, Audie and I •1 Margaret Waters, Claude Andrews,
Alleen Andrews and James •
I Morgan .
The properties are located on
the east side of U.S. I hw1 98
I aka Grttno Road , North
Edwird.-Tllffliiini;;;l'~ift. o1
Gaylef Avenue. I
Legtl description: (case \
number ZC 02 .01 ):
Parcel #; Name ; Legal Description
05 46 05 16 11.001; AmSouth
Bank as Trust ; Loi one (1), Britton I
Subdivision, Section 16-T6S-R2E, I
I as recorded In Map Book 10, Page
1 116, the probate office of Baldwin
County , Alabama . I 05 46051611; HIida Jones; Lot
two (2) Britton Subdivision , \
Section 16-T6S-R2E. as recorded
In Map Book 10, Page 11&, the :
probate office ol Blldwln County,
Alabama.. __ _ ___ _
-os"'61l51fi2;Eif'Ciitir.li., et-
at ; Commencing at the KW corner I
ol Section 1 I , run South 619 feet ·
thence East 80 feet to a point or:
1 the East margin of Greeno Road to j
a point ol beginning; thence run I East 250 feet ; thence run North 150
feet ; thence West 250 feet; thence I
South 150 feet to the point of 1 I beginning; all tying In Section 16-
T6S-R2E.
05 46 05 16 13, Audie •
1 Margaret Waters ; Commencing at 1
the NW cornef of Section 16, run I
South 619.5 feet; thence East 80 I
feet lo the East margin of Greeno
Roed to • point of beginning; I
thence run ent 250 feet ; thence
1 run south 375 teet; thence run 1
Well 250 1"t; thence run North
1375 feet to the point ol beginning ·
11U lylng In Sectlon 1&-T6S-R2E '
05 46 05 16 14, Claude
Andrews; Commencing al the NW
comer of Section 16, run South
1000 feet ; thence East 80 feet to a
point of begln~lng; thence run
East 250 feet; thence South 110
feet ; thence West 250 feet ; thence
North 110 feet to the point of
beginning; Ill lytng tn Section 16-
T6S-R2E .
1 05 46 051615; Alleen Andrews·
Commencing at the NW corner oi
I Section 16, run South 1110 feet • 1
thence run East 80 feet to I pomi
of beginning; thence continue E•t
250 feet ; thence run South 90 feet •
thence run West 250 feet ; the~
1 run North 90 feet lo the point of
btglnnlng, 111 lylng In Section 16-
T65-R2E 1
05 46 05 16; James w. 1 Mitzi
Morgan; Loi 1, Rosa Acres Unit 2
lesl Ind except the road right of
way, Section 1&-T6S-R2E Loll 1
and 2 of Commercial Center Partlef
Road Subdivision n recorded In
Map Book 10, Page 14, plus 1
parcel being described as follows :
The claallicatlon of said
property Is hfflby changed from
R 1-Low Density Single Family
Resldenllal , R~lgh Density
Single FamHy, and 114-Multl-Famlly
to Pllnned Unit Development to
allow Business and Professlonal
Offices. This property shall
I hereafter be lawful to construct on 1
such property any structures
I permitted by Ordinance No. 557 I
1 and to use 111d premises for any I
use pennlned or building sought
lo be efe<:1ed on 11ld property
shall be In compliance with the I
building laws o1 lhl City of
Fairhope and that any atrvcture
shalt be 1ppnMCI by the Building
Offlclal of The City al Fairhope and I
~-~-•~structure b!_ ertCl!(I
-onty·1n ·comp1itillltti"iiict1 ..., ..
I Including !ht requirements of
OrdlnlllCI No. 557. I
Development Requlremaitl: I
I The property lhal be conatrudlcl I
In substantial conformance wtlh l
Ille site plan attached and the
development ,wqullefnents below. !
I Uses Permitted: Uses permitted
sh.ii be b>Jslness and profaalonll ,
offic es such as lawyers, doctors,
banks, Insurance, archltecta and
I simila r uses . No retail Is permitted .
Setbacks: front 35 ' I
Rear: 40" I
Interior 10' (driveway side 151
SIMI Sidi : 20"
1 Building Height: 35' as defined 1
In the Zoning Ordinance.
Landscaping: Shd at 1 1
minimum fflffl City 11111dlrda •
there lhlll also be • a· tall
shadowbox fence at the rear
property Nne of the entire parcel ol
property.
Site Plan Review : Each building I,
sh.it have site plan review by the 1
Planning Commission and the City
Council before building permits 1
may be Issued . l
Slgnage: 1 ground sign ahaN be
pennllled tor the development.
Each bulldlng may have Slgn ■IJI
on the building only as permitted
by the sign ordinance .
UghUng: The light 1tandard1
shall be no tallef than the fence to 1
be constructed 11 the rear property
flne.
Residential: A m11lmum ol
27,000 sq. It. of resldenllal may bl
constructed In addition to the
I allowed building sq. It. Thll
mldentlal shall not be converted
lo office use at any time In the
future without I zoning
1mendmenL
Building Sciuare Footage : 7
buildln91 are _permitted with 1
maximum ol 46,600 sq. ti. ThHe
bulldlnga are lndlclted on the
attached lite plan and lhlll
conform to the alzel Indicated on
the pl.,.
Accell! 1 r!Qhl In/out lhll1 be
pennltted with the de,elopment II
the midpoint of the development to I
Greeno. A 2 way ,_ ahllt be t
constructed between Gayfef end
Edwards n shown on the attached I
site plan .
Ptrldng: The OVeflll
development lhlll mNt the I parldng requirements ol the City. I
The pnlng shall be consistent
with the site plen llllehed.
Site Plan: Atllldled • "Ellhlbll
A" 11 I site plan. The alt■ plan and
the clevel.-it rlgUlltlonl
allow govern the clevelopmlftl of
the pr.rty. The property -t be
c-"IICIN In tut.11111111 1
co11form1oce with the
I requirements of thll Ordlnancs
Any IUbellnllal devl1tlon1 as
:'~:n'ned by the Planning and I
u ng Depal1ment shall
conatllule a change to the zoning •l
Ind must be approved by the
Planning Conlnlsslon and Council
Ind shin be proceaaed II I
,
zoning amendment
Sev,rab lllty clau,,· 11 an/
part, section ol 1ubdlvlslci1 of !Illa 1
ordinance shall be held unconatl-'
tullonal or Invalid for any reason I
auch holding shall not be con: I 1trued to Inva lidate or Impai r the
rema inder of this ordinance , which
sha ll continue In full force and el.I
feet notwithstanding such holding
Effective date • This Ordlnanee '
lhlll lake effect Immediately upon '
Ila due adoption and publlcatloni
H required by law.
End of Propoaad Ordinan ce
C-2·16
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