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Home My WebLink About08-16-2021 Board of Adjustments Agenda PacketCity of Fairhope Board of Adjustment and Appeals 5:00 PM City Council Chambers August 16, 2021 1. Call to Order 2. Approval of Minutes • July 19, 2021 3. Consideration of Agenda Items: A. BOA 21.08 Public hearing to consider the request of Walcott Adams Verneuille Architects, Inc. for a Special Exception to allow Restaurant Use for property located at 805 S. Mobile Street. PPIN #: 61363 4. Old/New Business 5. Adjourn July 19, 2021 Board of Adjustment Minutes 1 The Board of Adjustments met Monday, July 19, 2021, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Anil Vira, Chairman; Cathy Slagle; Donna Cook; Michael Baugh; Frank Lamia; David Martin, Alternate I; Ryan Baker, Alternate II; Hunter Simmons, Planning and Zoning Manager; Samara Walley, City Planner; and Allie Knutson, Secretary. Chairman Vira called the meeting to order at 5:00 PM. Chairman Vira introduced three new Board Members: Michael Baugh, Frank Lamia, and Ryan Baker. Minutes • June 10, 2021 Motion: Cathy Slagle made a motion to approve the minutes with no changes. Chairman Vira seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Michael Baugh. Nay: None. BOA 21.05 – Public hearing to consider the request of Justin and Emily Chappell to allow a front setback variance for an accessory structure located at 7275 Wild Oaks Road. PPIN # 51895 Samara Walley, City Planner, presented the case summary: The Applicants, Justin and Emily Chappell, are requesting a variance to the front yard setback for an addition to the primary structure. The property is zoned R-1, Single Family Residential, and the proposed addition would be a carport with additional storage space. According to the Applicant, the current configuration prohibits adding additional structures anywhere on the lot. It should be noted that the Applicant previously submitted an application to allow a detached accessory structure that would be situated closer to Clearwater Circle. The Zoning Ordinance requires that detached accessory structures be situated no nearer than the principle structure along side streets and behind the rear building line of the principle structure. The original drawing was revised to indicate an addition. Therefore, the primary structure setback is applicable. The submitted drawing is not to scale and does not provide the rear setback line. The addition must meet the rear setback requirement. July 19, 2021 Board of Adjustment Minutes 2 According to the recorded plat, there is a 35’ setback requirement along Clearwater Circle. The proposed addition would be 20’ from Clearwater Circle. The property across the street to the east has a 35’ front setback as well, but the house appears to be situated 20’ from the front property line on Clearwater Circle. Using this property as a precedent, Staff can determine that the encroachment of the subject property would not change the character of the neighborhood. Staff recommends of BOA 21.05 subject to the following conditions: 1. The addition shall not encroach in the 35’ rear setback requirement. All setbacks shall be illustrated on any plans submitted for building permit. 2. Submission of revised application document stating that the addition is attached. Frank Lamia asked if the surrounding neighbors were notified of the variance request. Hunter Simmons, Planning and Zoning Manager, stated that property owners within 325’ of the Chappell’s property were notified via mail. One letter of support was received and no objections. Mr. Simmons also explained the difference between a variance and a hardship. The Applicant, Justin Chappell, was present, but no further comments were made. The Board Members had no further questions. Chairman Vira opened the public hearing, no one spoke, and the public hearing was closed. Motion: Cathy Slagle made a motion to accept staff’s recommendation of approval with conditions: 1. The addition shall not encroach in the 35’ rear setback requirement. All setbacks shall be illustrated on any plans submitted for building permit. 2. Submission of revised application document stating that the addition is attached. Michael Baugh seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Michael Baugh. Nay: None. Old/New Business Hunter Simmons, Planning and Zoning Manager, proposed the idea of having a Work Session for the new Board Members prior to next month’s meeting on August 4, 2021, at 11:30 AM at the Nix Center. July 19, 2021 Board of Adjustment Minutes 3 Motion: Cathy Slagle made a motion to set the Work Session August 4, 2021, at 11:30 AM at the Nix Center (upon availability). Chairman Vira seconded the motion and the motion carried unanimously. Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and Michael Baugh. Nay: None. Adjournment Chairman Vira made a motion to adjourn. Cathy Slagle seconded the motion. Adjourned at 5:16 PM. ____________________________ ________________________ Anil Vira, Chairman Allie Knutson, Secretary S MOBILE STSCENIC HWY 98MOLO K A I L N SAGGINOAKS CT NELSON DR City of FairhopePlanning Commission August 16, 2021 ¯MobileMolok a i 98Bay Pointe Sagginoaks Nelson BOA 21.08 - Chimes Restaurant Legend Road Centerline COF Corp. Limits B-1 - Local Shopping District R-1 - Low Density Single-Family R-3 - High Density Single-Family COF Planning Jurisdiction ¯ ¯ ^ Project Name:805 S Mobile StreetApplication Type:Special ExceptionVariance Type:Special Exception - RestaurantJurisdiction:City of FairhopeZoning District:B-1, Local Shopping DistrictPPIN Number:61363General Location:East side of S. Mobile Street and south of Saggin Oaks CourtOwner / Applicant:Ocro Properties LLC - Tyler HoodRecommendation:Approval w/ conditionsPrepared by: Samara Walley 1 BOA 21.08 805 S. Section St August 16, 2021 The applicant is requesting a special exception to allow a restaurant at the property located at 805 South Section Street. The property is zoned B-1 Local Shopping District. According to the Zoning Ordinance this district is “intended to provide for limited retail convenience goods and personal service establishments in residential neighborhoods and to encourage the concentration of these uses in one (1) location for each residential neighborhood rather than in scattered sites occupied by individual shops throughout a neighborhood. Restaurants in the B-1 zoning district may be permitted only on appeal to the Board of Adjustments and may be subject to special conditions. Drive thru restaurants shall not be permitted in the B-1 zoning district.” Comments: The City of Fairhope Zoning Ordinance defines a special exception as follows: Special Exception: Permission granted by the Board of Adjustment for a use indicated in this ordinance as a use limited to a special exception procedure, subject to conditions specified in this ordinance and any conditions the Board deems necessary to ensure that community interests are furthered by permission of the use. The Board of Adjustments is authorized to grant special exceptions through Article II.A.d(2) which states the following: d. Duties and Powers: The Board shall have the following duties and powers: (2) Special Exceptions - To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance. The Ordinance provides guidance for special exception requests through the following criteria: Article II.C.3.e. Criteria - (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; (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; 2 BOA 21.08 805 S. Section St August 16, 2021 (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. When a special exception is granted by the Zoning Board of Adjustment it has the following effect: Article II.C.3.f. Effect of Appeal – An appeal to the Board stays all legal proceedings in furtherance of the application appealed from unless the Director certifies to the Board that a stay would cause imminent peril to life and property. In such cases, proceedings will not be stayed, unless by operation of a court of competent jurisdiction. If an appeal fails for any reason, the stay shall be lifted. Analysis and Recommendation: Special Exception Criteria: (b) Compliance with any other approved planning document Response: “Restaurant” is an allowable use within the B-1 zoning classification as indicated in the City of Fairhope Zoning Ordinance Article III, Section B., Table 3-1 Use Table. However, “Restaurant” is not allowable by right and a special exception is required to allow the use. Further, Table 3-1 indicates the use is allowed “only on appeal and subject to special conditions”. Staff has reviewed the application under the guidelines found in Article II.C.3.e. regarding special exceptions. The previous use was a restaurant at this location and the proposed restaurant is similar in style and is not changing the existing building footprint. It should be noted that the applicant submitted a site plan of the existing and proposed conditions of the site. They anticipate both interior and exterior renovations including parking lot improvements. It is important to the note that the application is for the use as a restaurant. The site plan is subject to change. Compliant parking and tree preservation shall be required prior to the issuance of a business license. The applicant submitted the following statement. “Chimes Restaurant recently purchased 805 S Mobile Street, previously the Wintzell’s Oyster House. Chimes intends to reopen the building as a restaurant. They will give the building a fresh new look on the exterior. They intend to replace the roof and paint the building. The interior will be completely renovated to work with Chimes theme and branding. 3 BOA 21.08 805 S. Section St August 16, 2021 The large oak trees are features that attracted Chimes to the property. They intend on doing everything possible to keep the oak trees and allow them to flourish. They have hired an arborist to help them keep healthy during construction and beyond. They also understand there has been a history of drainage issues on the property. They have hired Lieb engineering to help with the final parking and drainage design. The parking lot was previously paved and has been converted to gravel and grass. The long term solution is intended be a pervious parking material, like gravel. This will help drainage and be a better solution for the trees. The Chimes Restaurant & Tap room has been a Baton Rouge and LSU tradition serving fine patrons for over 25 years. We have continued to grow and have brought this tradition to our second location in Baton Rouge and now a third, located in Covington. Our goal is to provide a relaxed, family friendly experience while serving the best made-from-scratch menu possible…” Recommendation: Staff recommends APPROVAL of BOA 21.08, subject to the following conditions: 1. Submission of a revised site plan illustrating complaint parking and tree protection prior to the issuance of a business license. From:Hunter Simmons To:Allie Knutson Subject:Fwd: Special Exception, Case BOA 21.08 Date:Thursday, August 5, 2021 7:31:55 AM Get Outlook for iOS From: Pat lewis <lewis1304@comcast.net> Sent: Wednesday, August 4, 2021 5:08:53 PM To: planning <planning@fairhopeal.gov> Subject: Special Exception, Case BOA 21.08 SENT FROM AN EXTERNAL ADDRESS ________________________________ Dear Sir, I received your recent letter requesting feedback regarding an exception request for a restaurant on a property that is 300’ from my residence. I do not want a restaurant in the middle of our residential area. It will decrease property values, increase noise and traffic and lead to a larger rodent problem that we have had to fight since the closure of another restaurant down the road. Please do not approve an exception. These same reasons, were the reasons for listing the lot residential, no restaurant. Respectfully submitted, Mary Lewis 45 Bay Pointe Ct Sent from my iPad Catherine Mangon 2 Paddock Drive Allie spoke with Ms. Mangon on 8/6/2021. She was concerned with outdoor seating restaurant noise such as music, clanking of dishes, and customers being loud. She stated that with the previous restaurants, she was able to hear the noise while in her bedroom. Fairhope Board of Adjustments & Appeals Application for .. 805 S Mobile Street, Fairhope Property Street Property Street Parcel Number Fin Owner Name Address Address2 City State Zip Number Name Land Use Type Actions 05-46-03-37-0-012-022.000 1537 TACON, LEE B JR ETAL TACON, ANN C 738 SOUTH MOBILE ST FAIRHOPE AL 36532 738 MOBILE ST COMMERCIAL 1537 05-46-04-19-3-000-012.000 3698 STEINMETZ, JOHN C ETAL SIN NOCK-STEINMETZ 6081 NELSON DR FAIRHOPE AL 36532 6081 NELSON DR RESIDENTIAL 3698 05-46-04-19-3-000-013.000 11839 MONKEY BIZ l LC 17674 HITCHING POST CIR FAIRHOPE Al 36532 821 MOBILE ST 5 COMMERCIAL 11839 05-46-03-37 -0-012-023 .000 23003 JONES, WILLIAM H (1/2 INT) ETAL JONES, R PO BOX526 FAIRHOPE AL 36533 742 MOBILE ST S COMMERCIAL 23003 05-46-03-37-0-012-024.000 24330 KOMAREK, SUSAN ANNE ETAL BLANNO, 1417 SPYGLASS CT ITASCA IL 60143 746 MOBILE ST S COMMERCIAL 24330 05-46-04-19-3-000-013.001 36229 TONSMEIRE DEVELOPMENT CORPORATION 6 5 SUMMIT ST FAIRHOPE AL 36532 19452 SCENIC HWY 98 COMMERCIAL 36229 05-46-04-19-3-000-010.000 44034 MOFFETT, DEBORAH H ETVIR WILLIAM H 6125 NELSON AVE FAIRHOPE AL 36532 6125 NELSON AVE RESIDENTIAi 1111034 05-45-06-24-4-000-001. 000 45260 HALL, ROBERT PHYFER ETAL HALL, HARRIOT H 19493 SCENIC HWY 98 FAIRHOPE AL 36532 19493 SCENIC HWY 98 COMMERCIAL 45260 05-46-04-19-3-000-013 .002 E0675 BAY BOUTIQUE LL C 10821 ST HWY 104 FAIRHOPE Al 36532 0 SCENIC HWY 98 COMMERCIAL 60675 05-46-04-19-3-000-013 .003 E1363 SOUTHERNPOINTE GROUP INC C/0 DONLON INVESTMENT CO LLC PO BOX 1985 MOBILE AL 36633 805 MOBILE ST S COMMERCIAL 61363 05-46-04-19-3-000-013.004 257614 STEINMETZ, JOHN C ETAL SINNOCK-STEINMETZ 6081 NELSON DR FAIRHOPE AL 36532 0 VACANT 257614 05-46-04-19-3-000-017 .007 367S48 BRELAND, CHARLES K JR PO BOX 7430 SPANISH FORT AL 36577 0 NELSON DR VACANT 367S48 OS-4S-06-24-4-000-002. 002 E2778 SONENSTEIN, BURTON ETAL SONENSTEIN, FREY 2 MOLOKAI LN FAIRHOPE AL 36532 2 MOLOKAI LN RESIDENTIAL 82778 05-45-06-24-4-000-002.000 27019 HOLLINGSWORTH, MARY DISON 1930 INVERNESS RD SE (MA) SMYRNA GA 30080 19475 SCENIC HWY 98 RESIDENTIAL 27019 05-45-06-24-4-000-002.001 16481 SIMMONS, KENNETH J HAL SIMMONS, BARBARA 3 MOLOKAI LN FAIRHOPE AL 36532 3 MOLOKAI LN RESIDENTIAL 16481 05-46-03-37-0-013-118.000 42378 THOMAS, LAWRENCE P ETUX JANET M 56 SAGG I NOAKS CT FAIRHOPE AL 36532 0 SAGGlNOAKS CT VACANT 42378 05-46-03-37-0-013-118.002 42374 THOMAS, LP & JANET M 56 SAGGINOAKS CT FAIRHOPE AL 36S32 56 SAGG I NOAKS CT RESIDENTIAL 42374 05-46-03-37-0-013-118.003 377049 THOMAS, CORY B ETUX HOLLY H 60 SAGGINOAKS CT FAIRHOPE AL 36532 60 SAGG I NOAKS CT RESIDENTIAL 377049 05-46-03-37-0-013-117 .001 341788 RIEDLEY, CHARLES JOHN Ill 33 BAY POINTE CT FAIRHOPE Al 36532 33 BAY POINTE CT RESIDENTIAL 341788 05-46-03-37-0-013-117.002 341789 BRELAND, LOUIS W 2101 CLINTON AVE W STE 201 HUNTSVILLE AL 35805 37 BAY POINTE CT RESIDENTIAL 341789 05-46-03-37-0-013-l l 7 .003 341790 TU LAO, MARINO 5 ETAL TU LAO, EMMA F 41 BAY POINTE CT FAIRHOPE AL 36532 41 BAY POINTE CT RESIDENTIAL 341790 05-46-03-37-0-013-117 .004 341791 LEWIS, MARY P SURVIVING TRUSTEE OF THE L 45 BAY POINTE COURT FAIRHOPE AL 36532 45 BAY POINTE CT RESIDENTIAL 341791 05-46-03-37-0-013-117 ,005 341792 ST DENIS, JANET A AS TRUSTEE OF THE JANE 49 BAY POINTE CT FAIRHOPE AL 36532 49 BAY POINTE CT RESIDENTIAL 341792 05-46-03-37-0-013-117 .006 341793 QUATTLEBAUM, KENNETH W ETAL QUATTLEBAUM, 48 BAY POINTE CT FAIRHOPE AL 36532 48 BAY POINTE CT RESIDENTIAL 341793 05-46-03-37-0-013-117.007 341794 SARGENT, H L ETAL SARGENT, ELIZABETH P 44 BAY POINTE CT FAIRHOPE AL 36532 44 BAY POINTE CT RESIDENTIAL 341794 05-46-03-37-0-013-117. 008 341795 PATE, ALAN T ETAL PATE, BARBARA J 40 BAY POINTE CT FAIRHOPE AL 36532 40 BAY POINTE CT RESIDENTIAL 34179S 05-46-03-37-0-013-117 .009 341796 ZUELZKE, ARTHUR C ETALZUELZKE, KATHERIN 478 CO RD 539 VERBENA AL 36091 36 BAY POINTE CT RESIDENTIAL 341796 05-46-03-37-0-013-117 .010 341797 MITCHELL, ERNEST CRAIG ETAL MITCHELL, AM 32 BAY POINTE CT FAIRHOPE AL 36532 32 BAY POINTE CT RESIDENTIAL 341797 05-46-03-37-0-013-117 .011 341798 HARBIN, MARY METAL HARBIN, KARL W 1512 RIVER RO DR TUSCALOOSA AL 35406 28 BAY POINTE CT RESIDENTIAL 341798 05-46-03-37-0-013-l 17. 012 341799 BAY POINTE OWNERS ASSOCIATION INC PO BOX 802 POINT CLEAR AL 36564 0 BAY POINTE CT VACANT 341799 OS-46-03-37-0-013-117.013 341800 BAY POINTE OWNERS ASSOCIATION INC PO BOX802 POINT CLEAR Al 36564 0 BAY POINTE CT COMMERCIAL 341800 05-46-03-37-0-013-l 17 .000 109075 HART, BRENTLY METAL HART, KAY M 29 BAY POINTE CT FAIRHOPE AL 36532 29 BAY POINTE CT RESIDENTIAL 109075