Loading...
HomeMy WebLinkAbout05-16-2022 Board of Adjustments MinutesMay 16,2022 Board of Adjustments Minutes 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 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 staffs 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. 2 May 16, 2022 Board of Adjustments Minutes 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. 3 May 16,2022 Board of Adjustments Minutes Adjourned at 5:22 p.m. C1Qiu~~ Anil Vira, Chairman Allie Knutson, Secretary 4