HomeMy WebLinkAbout01-20-2022 Board of Adjustments Agenda PacketDecember 20, 2021
Board of Adjustment Minutes
1
The Board of Adjustments met Monday, December 20, 2021, at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chairman; Cathy Slagle; Michael Baugh; Donna Cook; Frank Lamia;
Hunter Simmons, Planning and Zoning Manager; and Allie Knutson, Secretary.
Chairman Vira called the meeting to order at 5:00 PM.
Minutes
• November 15, 2021
Motion:
Mike Baugh made a motion to approve the minutes with no changes.
Frank Lamia seconded the motion and the motion carried unanimously with the following
vote:
Aye: Anil Vira, Mike Baugh, Donna Cook, and Frank Lamia.
Nay: None.
Abstain: Cathy Slagle.
BOA 21.12 – Public hearing to consider the request of John Hadley to allow for a
nine-foot Rear Setback Variance for property located at the northwest corner of
Young Street and Fairland Avenue. PPIN # 86972
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
This case is a carryover from November’s meeting. The applicant, John Hadley, is
requesting a 9’ variance to the rear setback for the principle structure located at the
northwest corner of Fairland Avenue and Young Street. The property is zoned R-2
Medium Density Single-Family Residential District.
The applicant is requesting a variance to the rear setback which would result in a 26’ rear
setback instead of 35’ to construct a landing deck off the second floor. The property is a
non-conforming lot due the size. Staff is not against relief from the setback.
The variance request is not tied to the site plan as the variance would ‘run with the land’
and not be tied to home plans. The property, generally rectangular, being 52’ X 102 and
containing 5,304SF makes the lot smaller than the R-2 minimum size requirements of 75’
wide and 10,500SF. Staff notes that, at this time, we are not able to find evidence of a
subdivision that created this lot and the surrounding flag lot but are reviewing the request
as the lot is legal and non-conforming. Staff does believe the side setback creates a
challenge to building a home. The property being a corner lot also has a 20’ street side
setback. Relief, if granted, would not cause any detriment to the public nor impair the
December 20, 2021
Board of Adjustment Minutes
2
intent of this ordinance. Staff recognizes the size of the lot is substandard and unique and
the extent of the variance request is minimal.
Recommendation:
Staff recommends approval of BOA 21.12.
The applicant, John Hadley (511 Horton Lane), stated that putting the deck on the west
side of the home works out better for the overall home design.
Mike Baugh asked for clarification on the variance running with the land.
Mr. Simmons stated that any variance given is not based on the site plan. The lot line is
being moved and the variance would need to be acted upon and recorded or the variance
would be vacated. After being acted upon and recorded, the variance is tied to the land
and would stand in the future.
Chairman Vira opened the Public Hearing, no one was present to speak, and the Public
Hearing was closed.
Motion:
Frank Lamia made a motion to approve BOA 21.12.
Donna Cook seconded the motion and the motion carried unanimously with the following
vote:
Aye: Anil Vira, Cathy Slagle, Mike Baugh, Donna Cook, and Frank Lamia.
Nay: None.
Old/New Business
• Approval of 2022 Board of Adjustments Agenda Schedule and Deadlines.
Motion:
Cathy Slagle made a motion to approve the 2022 Board of Adjustments Agenda
Schedule and Deadlines and the motion carried unanimously with the following vote:
Aye: Anil Vira, Cathy Slagle, Mike Baugh, Donna Cook, and Frank Lamia.
Nay: None.
• Comprehensive Plan: Mr. Simmons reminded everyone of the upcoming
Comprehensive Plan meetings in January.
• Moratorium: Mr. Simmons stated that the moratorium will last twelve months and
is on major subdivisions and multiple occupancy projects outside of the city
limits. The moratorium will be effective when published.
December 20, 2021
Board of Adjustment Minutes
3
Adjournment
Frank Lamia made a motion to adjourn, and the motion carried unanimously.
Adjourned at 5:14 PM.
_________________________ ________________________
Anil Vira, Chairman Allie Knutson, Secretary
MOSLEY RD
SMEADOWS DRPECANRIDGEBLVDCity of FairhopeBoard of Adjustment
January 20, 2022
¯PECAN RI DGE BLVD
BOA 22.01 - Lot 22 Pecan Ridge Sub.
Legend
COF Corp. Limits
R-1 - Low Density Single-Family
R-2 - Medium Density Single-Family
COF Planning Jurisdiction
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^
Project Name:Lot 22 Pecan Ridge SubdivisionSite Data:12,187 s.f. LotProject Type:11' Vairance to Rear Yard SetbackJurisdiction:Fairhope Zoning District:R-2PPIN Number:270300General Location:Lot 22 of the Pecan Ridge SubdivisionSurveyor of Record:
Engineer of Record:Jeremiah P. SmithOwner / Developer:Terrill B. OtisSchool District:Fairhope Elementary School Fairhope Middle and High Schools Recommendation:Deny Prepared by: Hunter Simmons
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1 BOA 22.01 Lot 22 - Pecan Ridge January 20, 2022
The applicant, JP Smith, on behalf of the Owner, Terrill Otis, is requesting an 11’ variance to the rear setback on Lot 22 of the Pecan Ridge Subdivision. The property is zoned R-2 Medium Density Single-Family Residential District. If approved, the rear setback for Lot 22 would be 24’ in lieu of the required 35’. Along with the application, Mr. Smith included a thorough letter complete with exhibits. While thorough, it may have created some confusion about the exact request before the Board. The root of that confusion relates back to a previous BOA case. Prior to reviewing the merits of this particular case, I would like to clarify the current request.
Figure 1
In Exhibit “A”, Mr. Smith illustrates a lot with 35’ front setbacks and two 35’ rear setbacks (Figure 1). Within his letter, Mr. Smith acknowledges staff realized the severe constraints these setbacks and indicated the Board would allow the easterly 10’ setback. As the Planning Director, I have instead interpreted the easterly setback is 10’ (or 15’ in the case of a driveway). To clarify, it is important to look back at BOA Case 18.03, which focused on Lot 16 of the same subdivision as shown in Figure 2 below.
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2 BOA 22.01 Lot 22 - Pecan Ridge January 20, 2022
Figure 2
The plan located in Figure 2 was included in the packet for Case BOA 18.03 and illustrates staff’s interpretation of the setbacks on a similar lot at the time, which included a 35’ front setback and two 35’ rear setbacks. Under the strictest interpretation of our Zoning Ordinance, staff in 2018 felt the above referenced setbacks were accurate and would require a variance to alter. Almost all lots have a front, rear, and at least one side. While I agree with the interpretation of a continuous front setback due to the curved nature of the lot, I believe our Zoning Ordinance, viewed wholistically, would dictate the northern setback as a side setback and not an additional rear setback. In which case, a variance would not be warranted for the northern setback. However, I believe staff in 2018 acted appropriately. They erred to the side of caution by requiring a variance. For reference, the applicant in Case 18.03 requested a 25’ rear yard variance (to achieve a 10’ ‘side yard’) as well as a 10’ front yard variance that, if granted, would have allowed a 25’ front yard setback. The BOA’s decision in that case, which aligned with the staff’s recommendation, was to grant the 10’ ‘side yard’ but deny the front yard variance request. I only bring this to your attention to explain the reason this case only contains one variance request instead of two. By our interpretation, the current setbacks are illustrated in Exhibit “B” provided by Mr. Smith (Figure 3).
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3 BOA 22.01 Lot 22 - Pecan Ridge January 20, 2022
Figure 3
In effect, the rear yard lies to the north in Figure 3 and is where the applicant requests a 24’ setback in lieu of the required 35’ which equates to an 11’ variance. According to Mr. Smith’s calculations above, this would allow 3,170sf of buildable area on Lot 22. Mr. Smith also states the adjacent home to the north is 2,237sf and the adjacent home to the east is 2,266sf. Mr. Smith overlays these footprints on Lot 22 on Exhibits “C” and “D” for reference. Note that the footprint illustrated on Exhibit “D” does not utilize the 10’ setback. Staff believes the allowable buildable area of 3,170sf is large enough to build a home comparable in size to others in the neighborhood without requiring a variance.
Figure 4: Property as seen from Google St View
Analysis and Recommendation: Variance Criteria
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property
in question because of its size, shape, or topography.
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4 BOA 22.01 Lot 22 - Pecan Ridge January 20, 2022
Response: The lot shape is not typical. However, with 3,101 sf of buildable area, the lot does accommodate enough room to build a home comparable to others in the area. The applicant also listed slope as a reason the property could not be developed, but stated there is only five feet of elevation change. With a lot depth of 134’, that equates to a 3.7% slope. Good for drainage, but not steep enough to warrant a variance in the Staff’s opinion.
(b) The application of the ordinance to this particular piece of property would create an
unnecessary hardship. Personal financial hardship is not a justification for a variance.
Response: Staff believes the challenges are self-imposed by not adjusting a floor plan to work within allowable setbacks.
(c) Such conditions are peculiar to the particular piece of property involved; and Response: The curved frontage of the subject property is unique.
(d) Relief, if granted, would not cause substantial detriment to the public good and impair the
purpose and intent of this ordinance; provided however, that no variance may be granted for
a use of land or building or structure that is prohibited by this ordinance. Response: Staff worries the variance, if granted, would cause conflicts in the future should another owner desire an accessory structure in their rear yard. Separation requirements would pose challenges and Staff foresees additional variance requests generated to accommodate.
Recommendation: Staff recommends DENIAL of BOA 22.01.
5 BOA 22.01 Lot 22 - Pecan Ridge January 20, 2022
Zoning Ordinance Requirements: The City of Fairhope Zoning Ordinance defines a variance as follows:
Variances: A modification of the strict terms of the relevant regulations in a district with regard
to placement of structures, developmental criteria or provision facilities. Examples would be: allowing
smaller yard dimensions because an existing lot of record is of substandard size; waiving a portion of
required parking and/or loading space due to some unusual circumstances; allowing fencing and/or
plant material buffering different from that required due to some unusual circumstances. Variances are
available only on appeal to the Board of Adjustment and subject to satisfaction of the standards
specified in this ordinance. The Board of Adjustments is authorized to grant variances through Article II.A.d(3) which says the following:
d. Duties and Powers: The Board shall have the following duties and powers:
(3) Variances - To authorize upon appeal in specific cases variance from the terms of this ordinance
not contrary to the public interest where, owing to special conditions, a literal enforcement of the
provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit
of this ordinance shall be observed, public safety and welfare secured, and substantial justice done.
Prior to granting a variance, the Board shall find that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in
question because of its size, shape, or topography;
(b) The application of this ordinance to the particular piece of property would create an unnecessary
hardship;
(c) Such conditions are peculiar to the particular piece of property involved; and,
(d) Relief, if granted, would not cause substantial detriment to the public good or impair the purpose
and intent of this ordinance; provided however, that no variance may be granted for a use of land or
building or structure that is prohibited by this ordinance. The Ordinance provides guidance for variance requests through the following criteria: Article II.C.3.e.
Criteria – (1) An application for a variance shall be granted only on the concurring vote of four Board
members finding that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in
question because of its size, shape, or topography;
(b) The application of the ordinance to this particular piece of property would create an unnecessary
hardship. Personal financial hardship is not a justification for a variance.
(c) Such conditions are peculiar to the particular piece of property involved; and
(d) Relief, if granted, would not cause substantial detriment to the public good and impair the purpose
and intent of this ordinance; provided however, that no variance may be granted for a use of land or
building or structure that is prohibited by this ordinance. When a variance is granted by the Zoning Board of Adjustment it has the following effect:
6 BOA 22.01 Lot 22 - Pecan Ridge January 20, 2022
Article II.C.3.g.
Effect of Variance - Any variance granted according to this section and which is not challenged on
appeal shall run with the land provided that:
(1) The variance is acted upon according to the application and subject to any conditions of approval
within 365 days of the granting of the variance or final decision of appeal, whichever is later; and
(2) The variance is recorded with the Judge of Probate.
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Tuesday, 07 December 2021
Board of Adjustment
City of Fairhope
0161 North Section Street
Fairhope, Alabama 36532
RE: Building Setback Variance Request
To the Board:
This cover letter and accompanying documentation are respectfully
submitted to gain a building setback variance for lot 22 of the Pecan Ridge
Subdivision.
I am writing this request on behalf of my friend of over forty years, Terry Otis.
Terry is building his retirement home in Fairhope to be close to his
grandchildren. His son and wife have been active Fairhope residents and
have established deep roots in the community. Their home is located within
walking distance of the subject lot, in which there are very few options to
allow Terry to be this close to his family.
Longevity runs in Terry's family and several members lived well in their
nineties. Those members had to rely on assisted mobility and live-in
caretakers. This has dictated a home needs to be designed to accommodate
an at grade garage and front entry and rooms designed for accessibility and
a full-time caregiver if needed. Given the building constraints of the lot due
to the developer's design, Terry is requesting your assistance in making this
move possible.
When Terry bought Lot 22, he was told by the seller that the City is amenable
to building setbacks adjustments when proper documentation is presented,
which has him before you today.
Lot 22 (Subject Lot) is a corner lot located on the northwest corner of Pecan
Ridge Boulevard as it turns east 572.00 ft south of the intersection of Mosley
Road and Pecan Ridge Boulevard. The lot's east-west dimension is 100.00
ft with the lot's east side, north-south dimension being 135.86 ft. Pecan Ridge
Boulevard bounds the balance of the lot on the West and
Board of Adjustment
Tuesday, 07 December 2021
Page 2:
South sides with a corner radius of 75 feet. The lot has an elevation slope
from south to north (front to back) of five feet.
The approved revised Plat Map created 27 lots with building setbacks well
above the minimums stated for Fairhope's R-2 Zones with minimum flood
building pad elevations and restrictions from the large corner radius of
seventy-five feet, making Pecan Ridge very desirable.
Unfortunately, the subdivision design did not consider the impacts of their
enhanced building setbacks and street design would have on many of the
lots created. These covenants have resulted in twenty-five percent, or seven
out of twenty-seven, being severely restricted in allowing its owner to
reasonably build homes compatible with the homes to be built in the scale
and spirit of the subdivision's intended design.
Today, Terry is the fourth lot owner to have submitted a request for a building
setback variance to allow him to build a home of similar size and scale to his
neighbors. The Board in the past has recognized this anomaly and has
granted all or a combination of front, rear, and side yard adjustments to allow
the lot owners a buildable area comparable in size and dimension similar to
their neighbors.
Lot 22 has several factors that inhibit Terry in building his home. According
to the Planning Department, the first challenge being the building
setbacks only allow for a building footprint of 1,577 square feet, which will
not enable Terry to place a mobile home with a garage. Additionally, it will
not allow Terry to build the minimum size of 1,700-1,900 square feet home
as required by the subdivisions CC&Rs.
The Planning Department quickly realized this and indicated that this Board
would allow Terry to conform to the eastern building setbacks allowed per
the R-2 zone of 10 feet vs. the 35 feet currently required.
Board of Adjustment
Tuesday, 07 December 2021
Page 3:
This would enable Terry to have a buildable area of 3,178 square feet, as
shown on Exhibit "B."
Even with this expansion of the building area, this adjustment will not allow
Terry to build a comparably sized home as his neighbors as Illustrated in
Exhibits "C" and "D." His neighbor immediately to the north has a buildable
area of 3,500 square feet and built a home with a footprint of 2,237 square
feet, and his adjacent neighbor to the east has a lot, allowing 5,554 square
feet and has a home of only a 2,266 square-foot footprint.
The Planning Department insists that this solution is the only option
available. However, it does not even come close to making Lot 22
comparable in buildable area to allow a home of comparable size and scale.
Options of designing a different home that would enable the Garage to be
built as an accessory structure are not feasible given the lot's topography
would have it 5 ft below the finish floor of the home. This would require a
100ft long serpentine handicap ramp or an exterior stair inclinator to
accommodate Terry getting into his home. Most importantly, it eliminates
Terry from accessing his home directly from the Garage like all his neighbors
without exposing himself to the elements. Awful tough to travel in bad
weather with a walker or wheelchair.
Another solution offered was to make the second floor larger. This is not an
option as this would eliminate Terry's eventual in-house caregiver not being
located next to his bedroom in case of an emergency by not being on the
same floor as his bedroom.
Given this, we are respectfully requesting If the Board would take in the
following solutions to overcome the limitations and restrictions of Lot 22.
Board of Adjustment
Tuesday, 07 December 2021
Page 4:
National subdivision design standards note that the average-sized home
intended for lots larger than 6,000 shall have a minimal buildable width of 60
feet. Lott 22 is 12,178 square feet and even the allowed 10-foot side yard
will only allow a building width of 55 feet. Further restricting Lot 22
development is the oversized corner radius which additionally dictates the
home design will need to be made deeper to make up for these challenges.
For example, a home compatible and on the same playing field as the rest
of the subdivision will have to allow the home's footprint to intrude into the
thirty-five front, rear, or street-side yards as its only options.
As shown in Exhibit "E," this option would allow the street-side building set
back to conform to Fairhope's current R-2 design standard of 20 feet. Terry
does not want to have his home sticking out like a sore thumb by having the
only house in the community not having the same building setback as shown
in the adaption of his desired home in Exhibit "F." The one exception to the
side yard exception in Pecan Ridge is the home located on lot 9. I'm told it
was mistakenly allowed to build within the thirty-five-foot side yard without
appearing for this Board's permission. This can be observed by looking at
Exhibit "K." This side yard intrusion fully illustrates the need to maintain the
current side yard setbacks to maintain the continuity of the neighborhood.
To decrease the thirty-five-foot front yard setback is not even considered due
to the above reasons.
Thus, leaving a requesting a variance of the rear yard setback, Terry wants
to be a good neighbor and is willing to give up a portion of his back yard to
allow him to be within walking distance to his grandkids.
To be a good neighbor, he had me design a custom home to accommodate
his current living requirements in addition to the accessibility needed in his
later years to minimize the impact on his neighbors, and having the second
floor enclosed within the roof structure of the residence to conform with the
Board of Adjustment
Tuesday, 07 December 2021
Page 5:
predominant single-story homes around him. Given the lot slope and
required flood elevation will require his living floor level at five feet above rear
ground level.
For this reason, no second-story windows will overlook his neighbor's
backyard to the north, in addition to forgoing the typical rear deck and having
an at grade patio. The same consideration will be extended to his neighbor
to the east by having his home maintain a 15-foot side yard vs. the allowed
10 feet to enable the installation of storied landscaping and trees to screen
his house from his neighbor's single-story residence.
Just in case the question comes up of considering a slight reduction of both
the front and rear building setbacks, an illustration of that option is provided
in Exhibit "G" with Terry's home footprint shown on Exhibit "H." Workable but
not desired.
The Best option for all involved will be as requested in Exhibit "J." The 11-
foot reduction of the rear yard will be the least intrusive and almost
unnoticeable as the home conforms to the visual street view and building
setbacks. The home's design incorporates the same size and scale as his
neighbors and conforms to the caricature already established.
Terry has already spoken to his neighbor to the north about the rear yard
building setback reduction, which he agreed to support. However, his
neighbor has recently passed, and Terry did not want to approach his widow
to sign a letter of their support of the rear yard reduction.
Due to the increased depth of this neighbor's lot to the east, the rear of
Terry's house will maintain the same sight pane from the reduction in the
rear building setback.
Board of Adjustment
Tuesday, December 07 2021
Page 6:
Please see the attached Exhibit "K," which shows all the lots within three
hundred feet. Note the buildable area of Lot 22 compared to the others and
even with the rear yard reduction, Lot 22 will still have the smallest allowable
building area of all but one of his neighbors. His requested 3,818 square feet
compared to the 19-lot average of 4,350 square feet is well within
reason. Without increasing building depth, the request will not allow a home
to be built in comparable size and scale to his neighbors to justify Terry's
request.
As noted in the already approved variances in this subdivision has
demonstrated Pecan Ridge was poorly designed with twenty-five percent of
its lots inhibiting comparable development and should have never had been
approved as designed. However, the ability to enlarge these lots is not
possible, so it has fallen to this Board to balance the scale in protecting the
interest of the existing and future residents in Fairhope in allowing
reasonable reductions in the building setbacks this subdivision.
We respectfully request your considerations in accommodating Terry in his
relocation to Fairhope.
Please do not hesitate to contact me with any questions or concerns in
advance of our scheduled meeting so any alternative solutions can be
presented at that time.
JP Smith
Very Truly yours
JP Smith
775.301.7497
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1 _ 440 SQ/Ft _ ~
3,170 SQ/FT
(3818 SQ/FT)
20'3 SQ/FT
NORTl-l
10'
PECAN RIDGE BL VD
28' REAR YARD SETBACKS
0 20'
10'
D >
_J
ill
ill
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Q
(}I'
z
<[
l)
ill o_
37.33'
SUBJECT LOT 22
WITl-l PROPOSED
OTIS RESIDENCE
WITl-l 32" FRONT AND
100'
-r
N
PROPOSED
RESIDENCE
1/342 SQ/FT 1ST FL
080 SQ/FT 2ND FL
2 1 028 SQ/FT TOTAL
NORTl-l
15'
PECAN RIDGE BL VD
28' REAR YARD SETBACKS 0 20'
EXHIBIT 11 H 11
10'
D >
_J
ill
ill
~
Q
(}I'
z
<[
100'
: 005 SQ/FT
NORTl-l
-
I
:::::= I
l)
ill o_ r------
-
-
~
I 3,110 SQ/Ft
35'
SUBJECT LOT 22
WITl-l DESIRED
< 3 1 775 SQ/FT)
\
ill
~
_J
10'
24' REAR YARD SETBACK
3 1 775 SQ/FT BUILDABLE AREA
PECAN RIDGE BL VD
0 20'
10'
37.33'
SUBJECT LOT 22
WITl-l DESIRED
RESIDENCE OVERLAY
100'
PROPOSED
RESIDENCE
NORTl-l
t~42 SQ/FT 1ST FL 15'
080 SQ/FT 2ND FL
2 1 02B SQ/FT TOTAL
4B'W X 11'D FOOTPRI T
\
ill
~
PECAN RIDGE BL VD
0 20'
10'