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Home My WebLink About05-16-2022 Board of Adjustments Agenda PacketApril 18, 2022 Board of Adjustments Minutes 1 The Board of Adjustments met Monday, April 18, 2022, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Anil Vira, Chairman; Cathy Slagle; Frank Lamia; Donna Cook; Ryan Baker, Alternate II; Hunter Simmons, Planning and Zoning Manager; and Allie Knutson, Secretary. Absent: Mike Baugh and Casey Potts, City Planner. Chairman Vira called the meeting to order at 5:00 PM. Approval of Minutes Cathy Slagle made a motion to approve the minutes from the March 21, 2022, meeting. 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. Abstain: Ryan Baker. BOA 22.04 Public hearing to consider the request of the Applicant, Rob Littleton, acting on behalf of the Owner, Patricia Niemeyer, for a 14’ front setback variance as well as a 30’ rear setback variance. The property is approximately 0.28 acres and is located at 863 Creek Drive. PPIN#: 63531 Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed an aerial of the property. The property is zoned R-1, Low Density Single-Family and if approved, the rear setback for this lot would be 5’ in lieu of the required 35’ and the front setback would be 26’ in lieu of the required 40’. This property was considered by the Board of Adjustments in BOA Case 14.01. In 2014, the applicant was granted a 30’ variance to the rear setback and a 10’ variance to the front setback due to the shape of the property. The variance expired because it was not acted upon and was not recorded. Overhangs and eaves are allowed to go 2’ over the setback line. The applicant’s proposed plan includes a 4’ overhang over the setback line, but also includes a 3’ eave for a total of 7’ over the setback line. Staff’s adjusted site plan was shown that translates the proposed dwelling within the setbacks as they were approved in 2014 if moved to the Southwest. There is a hardship present as the lot has an unusual pie shape where a 40’ front and rear setback meet each other over most of the lot. A portion of the area that does not have overlapping front and rear setbacks contains wetlands. April 18, 2022 Board of Adjustments Minutes 2 Recommendation: Staff recommends denial of the 30’ variance request to the rear setback and 14’ variance request to the front setback. Staff does not support the variance to the front setback of 14’. However, staff supports a variance to the front setback of 10’ and a variance to the rear setback of 30’, as originally approved in BOA 14.01. Cathy Slagle asked about the 20’ wetland buffer versus the 30’ wetland buffer in the County. Mr. Simmons stated that new subdivisions have a 30’ wetland buffer, but there was no wetland protection in the Zoning Ordinance or Building Code when some of the older lots were created so a 20’ wetland buffer applies per building permits. Cathy Slagle asked where the driveway would be, and Mr. Simmons stated that a driveway is something that would be looked at during the building permit and that a wetland delineation was done. Even with the wetland buffer, the house would be able to be moved to the Southwest within the setbacks of the variance that was approved in 2014. The Applicant, Rob Littleton, 302 Poplar Place, stated that he thought the original variance that was granted in 2014 would run with the land and did not know it would expire. Since then, the lot has shrunk and changed significantly since the flood in 2014. He stated that he would like to be able to back their airstream in under the proposed overhang and eave and that shifting the house would put the driveway into the wetlands more. Donna Cook asked what the footprint of the house is. Mr. Littleton stated it is 16’x48’. Mr. Simmons stated that regarding the driveway, there are allowances to crossing wetlands where you are land locked. But, if there is another means of access, Erik Cortinas, Building Official, most likely will not allow any more encroachment into the wetlands. Being able to back an airstream in would not be a good enough reason to cut into wetland buffers for a driveway. Chairman Vira asked why the driveway could not be on the east side of the property. Mr. Littleton stated that he wanted a circular driveway and that the house had been designed to fit inside the setbacks. Frank Lamia replied that the pylons were within the setbacks, but the house was not. Ryan Baker asked for clarification for what the objections were to moving the home to the Southwest, other than parking the trailer, and stated that variances are granted based on hardships. Mr. Littleton responded by saying that he had no other objections. Mr. Simmons also mentioned that variances are tied to the land, they are not tied to existing floor plans. Mr. Littleton responded that he would like to have the original variance of 10’ front and 30’ rear, granted again, but that there would be an overhang. Mr. Simmons stated that would be a denial of a building permit. Patricia Littleton (Niemeyer), 302 Poplar Place, stated that they she did not know the original variance would expire and since then, the lot has shrunk significantly. There is no way to access the property from the other side due to storm drains and power poles. None of the neighbors have any objection to the new variance they are requesting. Ryan Baker asked Mrs. Littleton to clarify the hardship in better detail as the only hardship being described is so they can pull an airstream in. Mrs. Littleton stated that according to staff, they are going to have to move the current driveway April 18, 2022 Board of Adjustments Minutes 3 further to the east to get it out of the wetland buffer, thus, they would also have to move the house plans, which will not work. Mr. Simmons clarified that the current driveway is not the problem, it’s extending the driveway under the house that gets into the wetland buffer. A permit will not be issued if there are other alternatives. Mr. Littleton stated that their building permit was denied because of the overhang. Mr. Simmons replied that they allow a maximum 2’ of overhang, but they are requesting 7’over the property line. Donna Cook asked if there had been other variances on the surrounding lots. Mr. Simmons stated that he believes that there have been other variances granted. Chairman Vira opened the Public Hearing. Lisa Adams, 860 Creek Drive, stated that she has lived on Creek Drive for twenty-five years and that Patricia Niemeyer has been a neighbor with environmental integrity for sixteen years. Ms. Adams stated that she and her neighbors had no objection to the requested variance and did not believe that the wetlands would be damaged in any way. Chairman Vira closed the Public Hearing. Cathy Slagle asked if the applicants would have to re-apply for the 2014 variance from Case BOA 14.01, if the variance for BOA 22.04 was denied. Mr. Simmons stated that they could approve the variance as requested or approve anything less than what had been requested. Frank Lamia asked if plans for the proposed driveway had been submitted. Mr. Simmons stated that none of the plans submitted portrayed the driveway. Cathy Slagle asked if the proposed driveway plans would be checked in relation to the wetlands. Mr. Simmons stated that they would be and that wetlands can be accessed if there is no other point of access on the lot. Motion: Cathy Slagle made a motion to deny Case BOA 22.04. However, does support the variance that was granted in 2014 for Case BOA 14.01, with a front setback of 10’variance and a rear setback of 30’. Ryan Baker 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. Mr. Simmons reminded the Applicant and Owner that the variance would expire if not acted upon and recorded in 365 days and that a Notice of Action Letter would be sent to them. Old/New Business Mr. Simmons stated that there would be two cases on the agenda for next month. April 18, 2022 Board of Adjustments Minutes 4 Adjournment Ryan Baker made a motion to adjourn. 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. Adjourned at 6:01 p.m. ____________________________ ________________________ Anil Vira, Chairman Allie Knutson, Secretary SMOBILESTLAUR E L A V PECA N A V ORAN G E A V FIG A V HONEYS U C K L E L N SATSUMA STBAY BREEZE LNKUMQUAT STPOMELO STCRICK E T L N DENT O N L N RUTHE R F O R D L N City of FairhopeBoard of Adjustment May 16, 2022 ¯LAUR E L A VBAY BREEZE LNSMOBI LESTDENTONLN BOA 22.05 - American Legion Legend COF Corp. LimitsB-3a - Tourist Resort Lodging DistrictR-1 - Low Density Single-FamilyR-2 - Medium Density Single-FamilyR-3 - High Density Single-FamilyR-4 - Low Density Multi-FamilyR-5 - High Density Dwelling ResidentialCOF Planning Jurisdiction µ^ Project Name:American Legion Site Data:2.92 acresProject Type:Special ExceptionJurisdiction:Fairhope Planning JurisdictionZoning District:B-3aPPIN Number:11940General Location:West of South Mobile Street, at the intersection of Laurel Street and South Mobile StreetSurveyor of Record:SE Civil, LLCEngineer of Record: Owner / Developer:Eastern Shore American LegionSchool District:Fairhope Elementary School Fairhope Middle and High Schools Recommendation:Approved w/ ConditionsPrepared by: Casey Potts µ □ • • • • • W A T E R S H E D, Building Sustainability I 302 Magnolia Avenue Fairhope, AL l www.watershed.pro I p:251.929.0514 AMERICAN LEGION 03.31.2022 CONDITIONAL USE APPLICATION The American Legion, Post 199 is proposing a revitalization of their historic building, located at 700 South Mobile Street. The building was originally constructed in 1913 as the Mobile Women’s Business Club meeting place, “Pine Needles.” The building was heavily damaged in hurricane Sally, and the Legion has planned a complete renovation of the facility that will expand their ability to serve their membership and the community of Fairhope. The new Legion facility is zoned B3A, which includes the Conditional Uses of Restaurant, Bar, and Community Center or Club. We submit this application for your consideration, and we hope approval, of those conditional uses. The attached Zoning Summary outlines how the proposed facility meets the requirements of Fairhope’s Zoning Ordinance for those uses. The proposed renovations will house a Restaurant and Bar on the first floor, that will serve both Legion members and the community at large. The second floor will be used as a Legion Member Hall, where members can host parties, meetings, or other events. The third floor will house Legion offices, to be utilized for meetings of the membership and the operation of the club. The Planning and Zoning Department has communicated concerns around the provision of parking sufficient to serve these uses, and the avoidance of negative impacts to the surround community. The Legion shares those concerns, and appreciates the aesthetic value of their vegetated bayfront site, not just to their membership, but as a highly visible part of the view of the bayfront along Mobile Street. In order to meet both sets of concerns, the proposed design includes parking to the South of the building to serve daily uses, with asphalt drive aisles, and pervious vegetated paver stalls. To the north and west of the building, vegetated “grass pave” overflow parking is provided for member parties or events. This will protect the bluff from erosion, mitigate stormwater runoff, and preserve the utilization of the area as a green gathering space, when not needed for parking. WATER SHED W A T E R S H E D, Building Sustainability I 302 Magnolia Avenue Fairhope, AL l www.watershed.pro I p:251.929.0514 ZONING SUMMARY 1. Zoned B-3a – Tourist Resort Lodging District a. Conditional Uses, proposed by owner i. Community Center or Club ii. Restaurant iii. Bar b. Lot requirements: Existing, non-conforming building encroaches into front setback , and height has not been confirmed. All other lot requirements are met. District Lot area Lot width Front Setbk Rear Setbk Side Setbk Lot coverage Height B-3a 7,500 SF 60’ 30’ 35’ 10’ 30% Max 30 ft B-3a 119,637 SF 289’ 30’ 35’ 10’ 5% Under Roof (6,196 / 119,637) 3% Impervious Paving (3,738 / 119,637) 8% Total Impervious (9,934 /119, 637) N/A c. Site Screening: i. North and South property lines screened by tight evergreen hedge not less than six feet (6’) in height on uplands, and 20’ buffer of existing wooded area on bluff and beach ii. Dumpster will be screened by a fence iii. Parking will be screened by evergreen shrubs WATER SHED W A T E R S H E D, Building Sustainability I 302 Magnolia Avenue Fairhope, AL l www.watershed.pro I p:251.929.0514 d. Parking Use Type Capacity Parking Required Parking Provided Restaurant/ Bar 80 seats indoors 80 seats outdoors 31 33 Club Hall 4076 SF under roof 40 40 Club Offices 2900 SF under roof 29 29 Totals 100 102 i. Community Center and Clubs require 1 space for each 100 SF under roof. (For reference, entertainment venues require 1 parking space per every 200SF under roof.) ii. Restaurant and Bars require: 1 space for each 4 seats up to 52 and 1 space for each 6 seats thereafter. iii. Compact Parking: >30%-<40% required. +/- 40% proposed iv. ADA Accessible: 101-150 spaces require, 5 ADA, 1 van v. LID parking design • Proposed Parking reduces impervious area from existing • Total area of landscape is >10% of the total paved area • 5 ADA spaces and drive aprons are concrete • Remainder of parking is pervious, a combination of stabilized gravel paving system and stabilize grass paving systems. Stabilize sand paving system is used for the . These spaces can be blocked off when not needed • Planting islands provided after every 12 spaces and 3 rows vi. Parking Credits: 1. Bicycle parking facilities will be provided, but no credits are being used in our calculations WATER SHED W A T E R S H E D, Building Sustainability I 302 Magnolia Avenue Fairhope, AL l www.watershed.pro I p:251.929.0514 WATER SHED <~---------------------------------------------------~==:;::.;;:= -"°'~ Artfc/'111 Sffllow 6 Zorung 0 1strie1s Allo~cd Uses Table 3-1: Use table Zonin&District '< :,: -"! it 0 -la!, a:: ~ .D C ~ u u ~ Uses Co1cgor.,., < ;;; :;i "I "I "I .,. .,., : ~ :;; "I .,. -<! ::, ~ t ~.....,,.ificl.r.;cs "' "' "' "' "' "' a, a, i ~ ... 0-11,.,. Sirutl~ramil v • • • • • • • • • • • • • Two•familv • • • • • • • • Townhouse l ' • ) ) ) ) • • • Patio Home ) ) MultiDlc-familv / Aollrlmffit ) • 0 0 • • l 0 Manuf1crurcd Home ) MixctJ•usc • • • • • • • • A«:cs""" O...·cllUll! ' . , ) I ' ' ) ' Estale • C:iYIC Elcruen,.~ School • • • • • • • • • • • • 8 • • • • Seoond •-· School • • • • • • • • • • • • I • • • F..duc:uion F.1t.flilv • • • • • • • • • • '2 • • • Lib--• • • • • • • • • • • • • 0 • • • • PIKe ofWorsbin '.ii • 0 0 0 ccnu:1,~ 0 0 0 0 0 0 0 0 0 0 0 'a 0 0 0 llc»;nilal 0 0 0 0 0 0 ~ 0 0 0 IC . . . • • • • • • • • • ] • • • • n ......... mon ~ S--• • • • • • • • • • • • • • • • u ·1'11111munitv Cenacr or Oub 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 Public Uulil• 0 0 0 0 ·o -0 u 0 0 0 0 u 0 ·o· ·o 0 a ·o 0 0 0 "'"-l Gcncnd • • • • • • • • • Profc.u;ioo al • • • • • • • • • Home Oc:cunatioo "' • J • l • • ' ' > • J J J ' ~ ' • J J ~-" Groecn1 • • ll • • • .. • • Cc,n vcnicncc: Store ) • • • • 1 • J ' Cicnaa l Merch1nd1 sc • • • • • • • 0 Sh -~no Q nter • ~ Autom obile Service Statum 0 0 0 0 -! . . Ouldoor Sales Lunitcd 0 0 0 ii 0 0 0 1 Ourdoor Salos Lot 0 0 0 Onnlcn Center 0 0 0 0 l 0 0 0 s.rv- Conv..l~l or Nursine. I lame 0 0 0 0 0 0 0 0 0 0 0 0 ~ • • 0 Clinic 0 0 0 0 0 0 0 0 0 0 0 . 0 0 0 Outdoor Rccrcalion f1C11.itv 0 0 0 0 0 0 0 0 • 0 0 0 g 0 0 0 Dav Cllrc 0 0 0 0 0 0 0 0 0 0 0 0 l • • • General Pmooal Services • • • • • • Monuarv or Funeral Home 0 0 0 0 1l 0 0 0 "' Automobile k~ ir • • • ·;; 0 0 ccrcauon . • u • • ~ • • DrV'Ocancrr I Laun"'~ • 0 0 0 -6 0 0 PetS-Onal SlOraRe 0 ) ' 0 0 1 0 0 u-& Brc:akfa.'i"I • • 0 • • • llotcl / Mou:1 0 • • :i Boardino Rouse or Donni•~ • • • • • C • • R....,.,;cx,aJ Vehk:lt Padt. ' ' C fA a1aUnlnl 0 • 0 • 0 ~ • • -.... --0 • ~ • • . ~nlerta inmcnt Venue • 0 0 C 0 0 . Marina 0 0 0 D 0 0 .Kcoocl or Animal HoUMtal 0 0 0 :, WmdwU$e • • Junk Y11111 or Salva •c Yud 0 0 Mlnllractunn• L1miled 0 0 • • • • 0 Lil!.bl • • Genera l 0 • FO-Od ProC<illin• 0 RunJ Ae:ricu lh1tc • RuralM:ukd • Plant N"'1''"" • • Pc:nnincd ,ubjccc to general ordinance ,uuKtardJ and coooilions. 1 Permillcd ii:ubjo:t lo 5PCCia l condi tions ll$lcd in the ordinance 0 Pcnniual only on appe.111 md subject to )llCC ial conditi0fl5 I 1 BOA 22.05 Eastern Shore American Legion May 16, 2022 Summary of Request: On behalf of Eastern Shore American Legion, Watershed LLC is requesting uses which are not allowed by‐ right but by special exception in Fairhope’s Zoning Ordinance for the property located at the intersection of Laurel Street and South Mobile Street. 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. Comments Watershed LLC is requesting Community Center or Club, Restaurant, and Bar use in the Zoning Ordinance. By definition, a Community Center or Club is a building or portion thereof or premises owned or operated for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests. A Restaurant is a business serving prepared meals for consumption on the premises, which may include an accessory bar, carry out, drive‐through, or catering services. A Bar is a business serving alcoholic beverages, which may include accessory food and entertainment services. Although the definition of a restaurant includes a drive‐through as a permitted use, the applicant does not plan on implementing one on site. Staff believes a drive‐through does not fit with the character of the neighborhood. As such, staff recommends that a drive‐through not be a permitted use on site. Parking A restaurant, bar, club hall, and club offices are proposed on site. According to staff calculations (shown below) and based on maximum capacity of the proposed uses provided, the applicant meets the requirements of the Zoning Ordinance. USE REQ. SEATS OR SF SPACES Restaurant/Bar 160 31 Club Hall 4076 41 Club Offices 2900 29 Required Parking 101 Provided Parking 102 Maximum Parking 121 Required Pervious Spaces 1 Provided Pervious Spaces 96 Required Compact Spaces 30‐40 Provided Compact Spaces 35 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 (See Figure 1). Outside of member parties or events, the lot will be closed (area highlighted below). This would result in a total of 79 parking spaces available for use. 2 BOA 22.05 Eastern Shore American Legion May 16, 2022 Figure 1 A parking analysis that considers the closure of the north and west parking lots is shown below. Landscape for the parking areas shall meet the requirements of the City of Fairhope Tree Ordinance. USE REQ. SEATS OR SF SPACES Restaurant/Bar 160 31 Club Hall NOT IN USE NOT IN USE Club Offices 2900 29 Required Parking 60 Provided Parking 80 Maximum Parking 72 Required Pervious Spaces 20 Provided Pervious Spaces 74 Required Compact Spaces 18‐24 Provided Compact Spaces 20 According to staff calculations and based on restricted capacity of the proposed uses provided, the applicant meets the parking requirements of the Zoning Ordinance. 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; 3 BOA 22.05 Eastern Shore American Legion May 16, 2022 Response: None noted. (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 subject property is bordered by R‐2 Medium Density Single‐Family, R‐5 High Density Dwelling Residential, and B‐3a Tourist Resort Lodging District. The structure is existing, and the uses to not conflict with the character of the surrounding properties. (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. (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: The property is buffered from adjacent residential properties. (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 community center, restaurant, and bar services 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 CONDITIONAL APPROVAL of the appeal for Community Center or Club, Restaurant, and Bar uses for the site known as Eastern Shore American Legion. 1. A drive‐through shall not be an allowed use on this site. ADA/Van ADA ADA ADA ADADNUPELEVATORUPKITCHENRESTAURANTPORCHBARDNDNWOMENMENJANITOR'SCLOSETJANITOR'SCLOSETDNSTORAGEDNSITE PLANScale: 1/16" = 1'-0115 compact cars9 compact cars54 cars5 ADA carsGrillGarage/StorageDumsterBUFFERZONEBUFFERZONEBUFFERZONEBUFFERZONEBUFF ER Z O N E BUFFER Z ONE BU FFER Z O NE B LD GSE TBAC K 7 overflowcar parking30" Oak tree24" Oak tree36" Oak tree24" Oak tree24" Oak tree24" Pine tree24" Oak tree24" Pine tree24" Oak tree30" Pine tree11 compact cars12" Pine tree18" Pine tree18" Pine tree12" Pine treeLandscaped AreaProperty Buffer / Planted ScreenDamaged/Split12" Oak tree12" Oak treeeePre324PnetreePnneneettre122222222222222222"11eeeenPinnnnnnnnnnnnnnnnnnnnnttrrree111111122"B555rrrreerrrreeiiPPPPPiiiiiii1111tttttttttiinniiiiiii""P888888888888888888888PPPPPPPPPPPPPPPPiiPPi"eeeetrreeeeeeerretttt"""ttrrrreeeeeeeeeeennnnnnneeeeeeee11555c888888888888881iiiiinnnnnneeetneenneeeeeee1811eeFEBUUF DNELEVATORDNOFFICE/LOUNGE168 sq ftNet Area:OFFICE/LOUNGE171 sq ftNet Area:OFFICE/LOUNGE442 sq ftNet Area:MEETING HALL626 sq ftNet Area:MECHANICAL/ATTIC SPACE117 sq ftNet Area:MECHANICAL/ATTIC SPACE112 sq ftNet Area:MECHANICAL/ATTIC SPACE74 sq ftNet Area:UNISEX47 sq ftNet Area:UNISEX47 sq ftNet Area:CHAIR STORAGECHAIR STORAGEThird FloorScale: 1/4" = 1'-0"1UPDNELEVATORUPDNTABLE/CHAIR STORAGECORRIDORCLUB SPACECATERING/KITCHENMENWOMENJANITOR'SPORCHSecond FloorScale: 1/4" = 1'-0"1SECOND FLOOR PLANTHIRD FLOOR PLANREVITALIZATION OF AMERICAN LEGION POST 0199LegendStablilzed Grass / ParkingStablized SandConcreteLandscaped AreaProperty Buffer / Planted ScreenSITE AND FIRST FLOOR PLANI I I I I I j - Civil AMERICAN LEGION(251) 990-6566880 HOLCOMB BLVDFAIRHOPE, AL 36532Engineering& SurveyingPROJ MGROFSHEETFILEPROJECTSCALEDED11LEGION-FULL SURVEY202006501"=30'CHKD. DEDDRAWNRDCBOUNDARY & TOPOGRAPHICSURVEYOR'S CERTIFICATESURVEYOR'S NOTES:LEGEND:SURVEY015306030 SCALELAUREL AVE 40' R/W TREE LEGEND:S. MOBILE ST (SCENIC HWY 98) 50' R/W FLOOD STATEMENT0.02 AC±2.50 AC±P.O.B.P.O.B./ / / / / / / / I HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. BEGINNING AT A CAPPED REBAR (SE CIVIL) AT THE INTERSECTION OF WEST RIGHT-OF-WAY LINE OF SOUTH MOBILE STREET (SCENIC HIGHWAY 98) WITH THE NORTH LINE OF LOT 1, BLOCK 7, MAGNOLIA BEACH SUBDIVISION, AS RECORDED IN MISCELLANEOUS BOOK PAGE 331, PROBATE COURT RECORDS, BALDWIN COUNTY, THENCE RUN ALONG SAID WEST RIGHT-OF-WAY AND A CURVE TO THE RIGHT, HAVING A RADIUS OF 400.00 FEET, AN ARC LENGTH OF 209.80 FEET, (CHORD BEARS SOUTH 04 DEGREES 22 MINUTES 56 SECONDS WEST, A DISTANCE OF 207.40 FEET) TO A CAPPED REBAR (SE CIVIL); THENCE RUN SOUTH 19 DEGREES 24 MINUTES 28 SECONDS WEST, ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 86.57 FEET TO AN IRON PIPE; THENCE DEPARTING SAID WEST RIGHT-OF-WAY, RUN NORTH 56 DEGREES 35 MINUTES 24 SECONDS WEST, A DISTANCE OF 475 FEET, MORE OR LESS, TO THE EASTERN MARGIN OF MOBILE BAY; THENCE NORTHESTERLY ALONG THE MEANDERS OF SAID EASTERN MARGIN, A DISTANCE OF 262 FEET, MORE OR LESS, TO THE WESTERLY EXTENSION OF THE AFOREMENTIONED NORTH LINE OF LOT 1; THENCE RUN SOUTH 57 DEGREES 49 MINUTES 22 SECONDS EAST, ALONG SAID NORTH LOT LINE, A DISTANCE OF 324 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. TRACT CONTAINS 2.50 ACRES, MORE OR LESS. TOGETHER WITH, BEGINNING AT A CAPPED REBAR (FAIRHOPE) AT THE NORTHEAST CORNER OF LOT 1, BLOCK 7, MAGNOLIA BEACH SUBDIVISION, AS RECORDED IN MISCELLANEOUS BOOK 1, PAGE 331, PROBATE COURT RECORDS, BALDWIN COUNTY, AI/I.BAMA; THENCE RUN SOUTH 36 DEGREES 03 MINUTES 22 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 44.77 FEET TO A IRON PIPE ON THE EAST RIGHT-OF-WAY OF SOUTH MOBILE STREET (SCENIC HIGHWAY 98); THENCE ALONG SAID EAST RIGHT-OF-WAY AND A CURVE TO THE LEn, HAVING A RADIUS OF 450.00 FEET, AN ARC LENGTH OF 53.75 FEET, (CHORD BEARS NORTH 01 DEGREES 34 MINUTES 16 SECONDS WEST, A DISTANCE OF 53.72 FEET) TO A CAPPED REBAR (SE CIVIL) ON THE NORTH LINE OF AFOREMENTIONED LOT 1; THENCE RUN SOUTH 57 DEGREES 49 MINUTES 22 SECONDS EAST, ALONG SAID NORTH LOT LINE, A DISTANCE OF 32.87 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 0.02 ACRES, MORE OR LESS. §~fl'\-••~"~'~'~~ ~~-1~ I•/ N0.28014 \•\ ___________________ s ;PIUESSHIW., i \,}~_::<ftt~' DAVID E DIEHL AL. P.L.S. NO. 26014 DATE -~'?t,ll)""••···~~,$' SURVEY NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL.~qtn,,11111~\ill\\\\\\\ .. ~ / B.S.L = BUILDING (R) = RECORD • CRF CTIF OEPF = OPEN END PIPE FOUND RBF = REBAR FOUND (NO CAP) -[)f'-= OVERHEAD POWER LINE -T - = TELEPHONE LINE -F0 - = FIBER OPTIC UNE -GAS-= GAS LINE -\.I -= WATER MAIN = SEWER MAIN rn = TELEPHONE PEDESTAL CT) = TELEPHONE MANHOLE ----:l = GUY WIRE en_, = UTILITY POLE ~ = WATER METER ~ = AIR CONDITIONER ~ = GAS VALVE ~ = GAS METER Cj, = FLAG POLE = SIGN .._ = FIBER OPTIC MARKER ♦ = POST K::J = GAS METER -o = SEWER CLEAN OUT ®=MAGNOLIA 0 = OAK *= PINE e = POPCORN 51?} = CYPRESS 0 = SWEETGUM *=PALM 9 = CREPE MYRTLE CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 450.00 53.75' NOi-34 16 W 53.72' 2. LOOKING SOUTHEASTREVITALIZATION OF AMERICAN LEGION POST 0199 REVITALIZATION OF AMERICAN LEGION POST 0199NORTH ELEVATIONSOUTH ELEVATIONWEST ELEVATIONEAST ELEVATIONLOOKING NORTHWEST VIALE BELLEZZASOUTH DRDOVECOT ELN JUBILEE L N HIGHRIDGERDU S HWY 98V IA MARIA HIGHPINESRDGD O V E C OT EL N City of Fairhope Board of Adjustment May 16, 2022 ¯CROSSOVERU S HWY 98BOA 22.06 - Eastern Shore Presbyterian Church Legend COF Corp. LimitsB-2 - General Business DistrictPUD - Planned Unit DevelopmentR-1 - Low Density Single-FamilyCOF Planning Jurisdiction q^ Project Name: Eastern Shore Presbyterian Church Site Data: 13.3 acres +/- Project Type: Use Not Provided For Jurisdiction: Fairhope Planning Jurisdiction Zoning District: R-1 PPIN Number: 9894, 111029, and 115671 General Location: 320 Presbyterian Drive, south of Rock Creek Subdivision Surveyor of Record: N/A Engineer of Record: N/A Owner / Developer: Eastern Shore Presbyterian Church School District: N/A Recommendation: Approved Prepared by: Mike Jeffries q 1 BOA 22.06 320 Presbyterian Drive – May 16, 2022 Summary of Request: The subject property is located at 320 Presbyterian Drive and is zoned R-1 - Low Density Single-Family Residential District. The property is currently used by Eastern Shore Presbyterian Church. The applicant is requesting to expand the administrative facilities of the existing church. Currently, a church or Place of Worship, per the Zoning Ordinance, 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”. The applicant provided a narrative stating that the church was established in 1994 and the sanctuary that currently holds 275 people will not change. The intent is to enlarge the administrative area to create larger work areas for each staff member. The applicant also provided the original annexation paper work showing the property was annexed November 12th, 2012. The R-1 zoning is the default zoning for all properties that request to annex into the City of Fairhope. This request if approved will allow for the current expansion as well as 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. Comments: The Board of Adjustments is authorized to grant relief for a use not provided for through Article II.A.4.d(4) which says the following: d. Duties and Powers: The Board shall have the following duties and powers: (4) Whenever, in any district established under this ordinance, a use is neither specifically permitted or denied and an application is made by a property owner to the Director of Planning and Building for use, the Director shall refer the application to the board of adjustment which shall have the authority to permit the use or deny the use. The use may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this ordinance. Analysis and Recommendation: 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; (b) Compliance with any other approved planning document; (c) Compliance with the standards, goals, and intent of this ordinance; (d) The character of the surrounding property, including any pending development activity; (e) Adequacy of public infrastructure to support the proposed development; (f) Impacts on natural resources, including existing conditions and ongoing post-development conditions; (g) Compliance with other laws and regulations of the City; (h) Compliance with other applicable laws and regulations of other jurisdictions; (i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; (j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. (k) Overall benefit to the community; (l) Compliance with sound planning principles; (m) Compliance with the terms and conditions of any zoning approval; and (n) Any other matter relating to the health, safety, and welfare of the community. 2 BOA 22.06 320 Presbyterian Drive – May 16, 2022 Staff has reviewed the above criteria and this application meets the standard requirements for approval. Staff 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. Complete Site Development Asphalt Paving Sealcoating Roadway Construction April 11, 2022 Paving Your Way Since 1978 BALDVVIN ROAD BUILDERS To: M ike Jeffries, Development Services Manager, City of Fairhope 18520 County Road 9 Silverhill, AL 365276 251.988.8 128 www.baldwinroadbuilders.com RE: Eastern Shore Presbyterian Church, 320 Presbyterian Drive, Fa irhope, AL 366532 As discussed, I am an Officier at ESPC and the Owner's Representative for the Adminstration Building Addition. Attached is a plan sheet for the proposed Administration Addition for the project. This Admin istration Addition does not add additional staffing, but enlarges the work areas for each staff member. The current seating for the Sanctuary is 275 and will not change. The current parking is f or 133 spaces. We are requesting the Use Approva l for this project since it is zone Residential. The site has been in use as a church since 1994. If you have any questions, please call me at 251-370-2732. Y>~✓~_., Bryan V. Peacock, P.E. President