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Home My WebLink About04-19-2021 Board of Adjustments Agenda PacketCity of Fairhope Board of Adjustment and Appeals 5:00 PM City Council Chambers April 19, 2021 1. Call to Order 2. Approval of Minutes • March 15, 2021 3. Consideration of Agenda Items: A. BOA 21.03 Public hearing to consider the request of MGC, LLC for a Special Exception to allow Outdoor Sales for property located at 306 DeLarMare Avenue. PPIN #: 14358 B. BOA 21.04 Public hearing to consider the request of Harold Thompson on behalf of Belgrove Estates, Inc. for a variance to the rear setback requirements for principal structures for property located at 325 Pecan Ridge Blvd. PPIN #: 270281 C. BOA 21.05 Public hearing to consider the request of Justin and Emily Chappell for a variance to the front setback requirements for accessory structures for property located at 7275 Wild Oaks Road. PPIN #: 51895 D. BOA 21.06 Public hearing to consider the request of FST Provision Investments, LLC for a variance to the parking requirements for property located at 9979 Windmill Road. PPIN #: 77607 4. Old/New Business 5. Adjourn SAINT JAMES AV FAIRHOPE AV SECTION ST SN CHURCH STN SUMMIT STSECTION ST NN BANCROFT STDOWNTOWNFO U NDER'SLNS CHURCH STS BANCROFT STDE LA MARE AV MASONIC DR MINNI CH CT JOHNSON AV BELLANGEE STSSUMMITSTCity of FairhopeBoard of Adjustment and Appeals April 19, 2021 ¯ MASONIC DR DE LA MARE AV BOA 21.03 - 306 DelaMare Ave Legend COF Corp. Limits B-1 - Local Shopping District B-2 - General Business District B-3b - Tourist Resort Commercial Service District B-4 - Business and Professional District P-1 - Parking R-2 - Medium Density Single-Family COF Planning Jurisdiction ¯ ¯ ^ Project Name:306 Delmare AvenueApplication Type:Special Exception Variance Type:Outdoor SalesJurisdiction:City of FairhopeZoning District:B-2, General Business DistrictPPIN Number:14358General Location:306 Delmare AvenueSurveyor of Record: Engineer of Record: Owner / Applicant:MGC, LLC dba Sportsman's Marine and OutdoorRecommendation:Approved w/ conditionPrepared by: Carla Davis March 10, 2021 City of Fairhope Board of Adjustments Re: 306 De La Mare Avenue Dear Members, My name is Hank Miner, a native of Fairhope, and owner Sportsman's Marine, LLC here in Fairhope. Sportsman's originally opened in Downtown Fairhope back in 1950. I bought the dealership in 1995 and am the sole owner. I have leased the building at 306 De La Mare Avenue, Downtown Fairhope. I am opening MGC, LLC dba Sportsman's Marine and Outdoor. This business will be a Low-Speed Vehicle (LSV) dealership where I will sell LSV's, and offer daily, weekly, and monthly rentals as well. I am extremely happy to be returning to the downtown area, where it all began. As you see, this is going to be a "boutique" dealership selling and renting high end LSV's. I know we will be a fantastic ambassador for The City of Fairhope. We will continue to deliver great service and products as well. Please feel free to call me with any questions or concerns you may have. Best Regards, ((Yt_1~ 7 Hank Miner (241) 421-0982 HM/cwb 1 BOA 21.03 306 Delamare Ave- April 19,2021 Summary of Request: The applicant is requesting a special exception variance to allow outdoor sales of low-speed vehicles to be located at 306 Delamare Avenue. The subject property is zoned B-2, General Business district. According to the City of Fairhope Zoning Ordinance Article III, Section A., the B-2 zoning district is “is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light production and processing activities are included.”. Additionally, Article III, Section D.8. states the following: B.4(h) Outdoor Sales Lot- retail use where a significant portion of the merchandise, either in area or in business value, is typically stored outside during business hours. 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 2 BOA 21.03 306 Delamare Ave- April 19,2021 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. 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: An outdoor sales lot is an allowable use within the B-2 zoning classification as indicated in the City of Fairhope Zoning Ordinance Article III, Section B., Table 3-1 Use Table, with the approval of the Board of Adjustment. The outdoor sales lot is not allowable by right; however, a special exception approval will allow the use. Further, Table 3-1 indicates the use is allowed “only on appeal and subject to special conditions”. The applicant is advertising the business as a “boutique” dealership selling and renting high end LSV’s (Low-Speed Vehicle). The applicant plans to sell LSV’S, and offer daily, weekly, and monthly rentals. Depicted below is an image of the existing conditions of the site. The applicant also provided a site plan as well as images of the proposed layout of the business. The images are depicted below as well. Existing Conditions 3 BOA 21.03 306 Delamare Ave- April 19,2021 Image 1 Image 2 ... ___ --, ________________ CJt.s.J N89'46'28'"W 34.03' --------------i- i I I I I I 4 BOA 21.03 306 Delamare Ave- April 19,2021 The above site plan depicts the proposed site; however, it does not specifically identify the outdoor sales area. The site plan should be revised to identify where the outdoor sales are as well as specifically state the items that will be located outside and available for purchase. Based on staff’s review, the proposed outdoor sales of the low-speed vehicles will not impose on the surrounding area nor will it impose on the safety, health, or welfare of the general public. Recommendation: Staff recommends the Board of Adjustment APPROVE the proposed Special Exception for the subject property to allow outdoor sales and personal storage in a B-2, General Business Zoning District subject to the following condition: 1) Revise site plan to identify where the outdoor sales are as well as specifically state the items that will be located outside and available for purchase. 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. 5 BOA 21.03 306 Delamare Ave- April 19,2021 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: 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. NOTICE OF PUBLIC HEARING The City of Fairhope Zoning Board of Adjustments and Appeals is scheduled to meet April 19, 2021 at 5:00 PM in Council Chambers located at 161 N. Section Street, Municipal Complex. A public hearing will be held for Case BOA 21.03. MGC, LLC is requesting a Special Exception to allow Outdoor Sales for property located at 306 DeLaMare A venue. The property is zoned B-2 General Business District within the Central Business District. Contact Emily Boyett at (251) 990-0214 for further information. S MEADOWS DRPECANRIDGEBLVDCity of FairhopeBoard of Adjustment and Appeals April 19, 2021 ¯PECANRIDGEB L V DBOA 21.04 - 325 Pecan Ridge Blvd Legend COF Corp. Limits R-1 - Low Density Single-Family R-2 - Medium Density Single-Family COF Planning Jurisdiction ¯ ¯ ^ Project Name:325 Pecan Ridge BlvdApplication Type:VarianceVariance Type:Rear Setback Jurisdiction:City of FairhopeZoning District:R-2, Medium Density Singel- Family PPIN Number:270281General Location:325 Pecan Ridge BlvdSurveyor of Record: Engineer of Record: Owner / Applicant:Belgrove Estates Inc.- Harold ThompsonRecommendation:Approved w/ conditionsPrepared by: Carla Davis CITY OF FAIRHOPE PUBLIC WORKS PO DRAWER 429 FAIRHOPE, AL 36533 251-928-8003 021739-0002 Emily B. 03/17/2021 12:26PM MISCELLANEOUS ZONING CHANGE/ BOA (ZONE) 2021 Item: ZONE 1@ 120.00 ZONING CHANGE/ BOA (ZONE) 120.00 Subtotal Total CHECK Check Number 1403 Change due Paid by: FRANK VITELLO Comments: BOA 21.04 325 PECAN RIDGE BLVD LOT 5, PECAN RIDGE REAR SETBACK VARIANCE FRANK VITELLO 120 MAJORS RUN FAIRHOPE, AL 36532 120.00 120.00 120.00 120.00 0.00 555 S SECTION ST, FAIRHOPE AL, 36532 http://www.cofairhope.com CUSTOMER COPY 1 BOA 21.04 325 Pecan Ridge Blvd- April 19,2021 Summary of Request: The applicant is requesting a rear yard setback variance. The subject property is located at 325 Pecan Ridge Blvd. The property is zoned R-2 Medium Density thus requiring a 35’ rear yard setback. All required setbacks for R-2 Medium Density Single Family Residential are listed below per Table 3-2 in the Zoning Ordinance. The applicant states that this particular lot of Pecan Ridge Estates (lot 5) has never been sold due to the configuration of the buildable area of this “pie-shaped” lot. The applicant stated that over the years many buyers and builders have expressed an interest in the property but the lot configuration was an issue. There is currently a potential buyer that has coordinated with an architect to design a home on the lot, but the structure would be encroaching 7’ into the required rear yard setback. In the narrative provided by the applicant it states that the rear setbacks are 30’ and they are asking for a 2’ rear yard setback variance as the house is designed to be 28’ from the rear property line; however that is incorrect. The rear setbacks are 35’, thus making the house 7’ from the required rear property line. The narrative and all of the drawings submitted should be revised to reflect a 35’ rear yard setback instead of a 30’ setback. Table 3-2: Dimension Table -Lots and Principle Structure Dimension Min . Lot Area/ Min. Setback s Max .. total lot lax . District or Allm"·e d U ni ts Per LotWidth Front Rear Side Street covern ge by height use Acre (UPA) side principl e structun RIA 3 acre s/ -198' 75 ' 75 ' 25' 50 ' none 30 ' R-1 15.000 s.f./ -100 ' <J O' 35 ' ]0 ' b 20 ' 40% 30' • R-1:i 40.000 s.f./ -120 ' 30 ' 30 ' JO 'b 20 ' 25 % 35 ' R-lb 30 ,000 s.U -100 ' 30 ' 30 ' l O'b 20 ' 25 % 3 5 · R-lc 20 .000 s.f./ -80 ' 30 · 30 ' l O'b 20 ' 25°0 35 ' R-2 10.500 s.f./ -75 ' 35 ' 35' l O'b 20 ' 37 % 30 · ., R-3 7.800 s.f./ -65 ' 30 ' 35 ' 8' b 20 ' 35% 30 ' R-3PGH 4.000 s.f./ -40 ' 20 ' 15 ' lO 'b 10 ' 32.5°0 30 ' R-3TH 2.400 s.f. i, -24' 20 ' 35 ' o· e 20 ' 45°0 30 ' R-4 10 .5 00 s .f. for two 75 ' fo r tw o 30 ' 35' JO ' b 20 ' 3 0~-0 30· dwelling un its plu dwe lling twi ts 6.500 s.f. for each plu 5 ' fo r each addit ional uni t/ 7 UP A add itional uni t R-5 10 .500 s.f for two 75 ' for rw o 30 ' 35 ' JO'b 20 ' 30 % 30 1 dwelling un its pl u dwe lling Wii ts 4.100 s .f for each plus 5 • for eac h additional unit / 10 add itional uni t UPA ~ r ' ·., ,. ........... ~r • ~~-.......... ~ ·~ ---~· -...-1 .. ,~, LOT 4 LO T 4 S 86'3J' 16" W 115.59" (Re<:) N 86°33°16" E 11s.s9· (R) 7.5' DRAINAGE & ~ UTILITY EASEt.l.EH'T 10,2· -- -----==1 • K 7 30 t;_ ~.; 2,B _J'-'· ~ij ~~ :: <3 C I "' LOT 5 ,: i ~ k ~ .lO' §-2•1·· I. PROPOSED s:: RESIDENCE z ~ ~z I 0 le'~ q g .. 0 ., 2 i "' u; 29.0' 1.1· o, I ,.., F:::l :;: -2r 0 !JO t ..... ~ :§ 6 I ~ LOT 6 ~}->"' <, r: • '"'"'i ~ ,, _,-, l • 1" 20 ' 2 BOA 21.04 325 Pecan Ridge Blvd- April 19,2021 Brief Summary Rear yard setbacks in a R-2 zoning district require a 25’ rear yard setback from the structure to the property line. The application is requesting a 28’ rear yard setback as opposed to the required 35’ rear yard setback. Staff Recommendation: Staff Recommends approval of the 7’ rear yard setback variance subject to the following condition: 1.) Revise and resubmit the narrative and site plans to reflect a 35’ required rear yard setback as opposed to the incorrect 30’ setback. Comments: The Board of Adjustments is authorized to grant variance 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. 3 BOA 21.04 325 Pecan Ridge Blvd- April 19,2021 When a variance is granted by the Zoning Board of Adjustment it has the following effect: 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. 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. Response: The site is an irregularly shaped lot. (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: Applying the required 35’ rear yard setback would reduce the amount of usable building space on an already small irregular shaped lot. (c) Such conditions are peculiar to the particular piece of property involved; and Response: The site is unique, and as proposed the new structures will only encroach 7’ into the required rear setback. (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: Relief, if granted, would not cause any detriment to the public nor impair the intent of this ordinance. March 2, 2021 Re: Lot 5 Pecan Ridge Estates PPIN # 270281 As the developer of Pecan Ridge Estates lot 5 has never been sold due the configuration of the buildable area of this pie-shaped lot. Over the years many buyers & builders have expressed an interest in the property but the lot configuration was an issue. I now have buyers that have gone to the expense of having an architect design and place their plan on the lot, but need a variance of two feet to the rear setback line from 30 ft to 28 ft to make the plan work. The rear of the property abuts directly to 32 acres of wooded farmland. Belforest Estates LLC, 1 Harold Thompson-Pres. MAIN STVIALETRENT I NOECOR ROUGE LNCLEARWATER C IR HILLWOODRDSIB LEY C IR W ILDOAKSRDCity of FairhopeBoard of Adjustment and Appeals April 19, 2021 ¯WILD OAKS RDHILLWOOD RDCL E ARWATERCI RBOA 21.05 - 7275 Wild Oaks Drive Legend COF Corp. Limits B-4 - Business and Professional District PUD - Planned Unit Development R-1 - Low Density Single-Family COF Planning Jurisdiction ¯ ¯ ^ Project Name:7275 Wild Oaks DriveApplication Type:VarianceVariance Type:Front Setback VarianceJurisdiction:City of FairhopeZoning District:R-1, Low Density Residental DistrictPPIN Number:51895General Location:Northwest corner of Wild Oaks Rd and Clearwater CircleSurveyor of Record:Geo SurveyingEngineer of Record: Owner / Applicant:Justin ChappellRecommendation:DenialPrepared by: Samara Walley 1 BOA 21.05 7275 Wild Oaks Road April 19, 2021 The applicants, Justin and Emily Chappell, are requesting a variance to the front setback for an accessory structure on the property located at 7275 Wild Oaks Road. The property is zoned R -1 Low Density Family Residential District. The applicants have provided a drawing illustrating a single family dwelling located at the corner of Clearwater Circle and Wild Oaks Road. It is important to note that the dwelling is situated at an angle on the lot, addressing both Clearwater Circle and Wild Oaks Road. The survey indicates a 35’ setback along both street frontages. They are requesting a variance to place a three-bay accessory structure 10’ from the property line along Clearwater Circle. The details indicate that the structure will be a 24’ x 48’ garage, storage and boat storage space with additional space for mowers and tools. The applicant states that there will be a short covered breezeway connecting the structure to the dwelling. The Zoning Ordinance requires that accessory structures be situated no nearer that the principle structure along side streets and behind the rear building line of th e principle structure. ( ~ u "' u $Vl\\'EYfO 101:NllF'Y ACCUAAff: <.OCATION ~ I l~:j 2 BOA 21.05 7275 Wild Oaks Road April 19, 2021 It should also be noted that the Zoning Ordinance would require a 10’ minimum separation from the principle structure. The drawing is not to scale and does not indicate the distance from the primary structure. Additionally, the square footage of the dwelling has not been provided. The Zoning Ordinance requires that the maximum total lot coverage by an accessory structure in an R-1 zoning district shall not exceed 25% of the required rear yard. Staff was able to locate a historic plat of Wild Oaks Subdivision dating back to 1973. It should be noted that the property across the street to the east at 22850 Clearwater Circle has a 35’ front setback as well. However, aerial imagery indicates that the house appear to encroach in the required setback and is situated approximately 20’ from the front property line on Clearwater Circle. 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. Response: The angled configuration of the existing dwelling could pose potential difficulty when seeking to place an accessory structure on the lot without encroaching in any building setbacks. The lot has two front yard setbacks of 35’ and is angled on the cul-de-sac. Article III Section C Zoning Di stricts Dimension Standards 2. Residentia l Accesso 1·y Strurtm·es Table 3-3 indicates dimen ion requirements for re sidential acce sso1y structures. T11ble 3-3: Dimension T11ble -Re sidenti11 l Accessory S trnctures Dimension Setbacks l\lax. total .\lax. .\fin . l\Iin . Front Rear Sicle Street lot coverage height .structure s eparation side b y access ory separa tion between D istrict or s tructure from principle s tructures use structure RIA Behind front 15' 1s · SO' 30%of 30' 50 ' for s- building line required rear agr ic ulture of principle yard struch.ue s; stnlcn1re 1 0 feet for all other acc esso ry ~rucn1res R-3PGH" Behind rear none same as same as 25%of 20' but no s-s- building line required principle principle required rear taller than of principle stn1cn1re stn1cture yard * the stn1cture principle structure All other Behind rear S' 5' no nearer 25%of 30' but no 10 · 5 ' residential building line than required rear taller than dis tricts of principle principle yard the stn1cn.1re structure principle structure *one detached garage up to 600 square feet shall be allowed for Patio/garden homes in addition to the maximum total lot coverage for other access ory structures. s ubject to all other accessory structure dimension standards . 3 BOA 21.05 7275 Wild Oaks Road April 19, 2021 (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 finds that the application of the ordinance, in this case, could present an unnecessary hardship. Staff does not support the placement of a structure 10’ from the property line. We would be more agreeable to interpreting a street -side setback of 20’. This would be more in line with the property across the street . Additionally, accessory structures are required to be behind the rear building line of the primary structure and no nearer to the street than the principle structure on the street side. (c) Such conditions are peculiar to the particular piece of property involved; and Response: Staff finds that the angled orientation of the existing house on the lot and the requirement of 35’ setbacks on both frontages would limit the applicant in the placement of the accessory structure as presented in this application. These conditions would, h owever, be considered self-imposed. Based on the findings related to the property across Clearwater Circle, Staff would support the interpretation of a 20’ street side setback. (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 or dinance. Response: Relief, if granted, would not cause any detriment to the public nor impair the intent of this ordinance. However, Staff finds that the addition of an accessory structure can be achieved without such a great encroachment in the building setback. Recommendation: Staff recommends DENIAL of BOA 21.05. 4 BOA 21.05 7275 Wild Oaks Road April 19, 2021 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: 5 BOA 21.05 7275 Wild Oaks Road April 19, 2021 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. From:Justin Chappell To:Samara Walley Subject:Chappell BOA Variance Request Date:Wednesday, April 7, 2021 11:47:45 AM SENT FROM AN EXTERNAL ADDRESS Good morning, Sorry I wasn't able to get this to you yesterday, but per our conversation, please accept the following description of variance need to add to my submittal: I, Justin Chappell, owner and resident at 7275 Wild Oaks Dr, Fairhope, am requesting a variance from the current 35' eastern setback on Clearwater Circle to a 10' setback to allow for a covered carport addition to the lot. The structure will be a three-bay carport with some additional storage for mowers, tools and the like. It will be detached from the current home with a short covered breezeway connecting both structures. Currently, I have a 35' set back on both the southern (Wild Oaks Rd) and eastern (Clearwater Circle) portions of the lot as I live on a corner lot. However, the current situation prohibits me from adding an additional structure anywhere on my lot. I'm in need of the additional structure due to lack of storage space for items that do not belong inside of my residence. As my children grow older, I foresee the storage issue only being exacerbated. The proposed structure will be single story and match all current exterior finishes, roof pitches and architectural components on the existing home to look as it was built when the home was originally constructed. The driveway location will stay in approximately the same location as not to alter traffic and the structure will also provide some covered protection for my vehicles. Once it is completed, I feel it will add to the visual appeal of the lot and the entire street, as well as resolve my personal storage problems. Concerning utility connections, I hope to install a new underground meter base on the proposed structure and do away with the current overhead set up. I'm also hoping to install gas service to lot and a whole house gas powered, generator. I don't foresee any issues with current underground utility main locations in regard to the proposed variance location. Thank you in advance for your consideration. Thanks, -Justin Chappell 251.424.7317 (c) chapp70@yahoo.com Case_Owner Name Address Address2 Address3 City State ZipBOA 21.05 ARMSTRONG, W SCOTT ETUX CAROL S 22850 CLEARWATER CIR FAIRHOPE AL 36532BOA 21.05 BEISEL, JOHN T ETAL BEISEL, HELEN 22811 HILLWOOD RD FAIRHOPE AL 36532BOA 21.05 CHAPPELL, JUSTIN C ETAL CHAPPELL, EMILY 7275 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 COMER, JEFFREY B ETUX REBECCA BAUER P O BOX 536 MONTROSE AL 36559BOA 21.05 EVERETT, ADRIAN DANIEL ETAL EVERETT, AMB 7304 WILD OAKS RD FAIRHOPE AL 36535BOA 21.05 GRIEVES, JAY J ETAL GRIEVES, JESSICA L 22841 HILLWOOD RD FAIRHOPE AL 36532BOA 21.05 GRONER, FRANK SHELBY III ETAL GRONER, PA P O BOX 975 MONTROSE AL 36559BOA 21.05 HANNON, PAUL J JR ETAL HANNON, STEPHANY 7318 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 HENLEY, STEVE A ETUX LYDIA 7230 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 KERN, THOMAS W ETAL KERN, ARLA K 7329 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 NEAL, RONALD SAM ETAL NEAL, MARIE HANSON P O BOX 340 MONTROSE AL 36559BOA 21.05 RAY, LAURA SUSAN ETAL LEAK, DELENE P O BOX 762 MONTROSE AL 36559BOA 21.05 REASON, COLIN R ETAL ODELL, TERI I 7315 WILD OAKS ROAD FAIRHOPE AL 36532BOA 21.05 RIEMER, MARY LOU 7312 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 ROBSON, JAMES T JR 7323 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 ROBSON, JAMES T JR & ESTHER E 7323 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 SPRAYBERRY, STEVEN ETAL SPRAYBERRY, KIMB 22775 SIBLEY CIR FAIRHOPE AL 36532BOA 21.05 STAEBLER, SPIKE ETAL STAEBLER, JODEE 2220 GRANDE AVE SE CEDAR RAPIDS IA 52403BOA 21.05 STUART, DEENA AS TRUSTEE OF THE ROBERT D 7260 WILD OAKS RD FAIRHOPE AL 36532BOA 21.05 THOMPSON, WILLIAM PUFFER JR ETAL THOMPSO 22851 CLEARWATER CIR FAIRHOPE AL 36532BOA 21.05 THOMSON, ROBERT H IV ETUX ELIZABETH 30026 DOLIVE RD SPANISH FORT AL 36527BOA 21.05 TONORE, EDWARD E JR 4 MOLOKAI LN FAIRHOPE AL 36532BOA 21.05 UPTON, ROBERT III ETAL UPTON, AMY 22821 HILLWOOD RD FAIRHOPE AL 36532 From:Hunter Simmons To:Samara Walley; Carla Davis Subject:FW: Requested Variance for Front Setback; Case #BOA 21.05 Date:Monday, April 12, 2021 8:20:45 AM Not sure who has this case, but please put print copy in folder and digital copy in appropriate place. Include in packet as well since we received early enough. From: Steve Henley <henleys36532@gmail.com> Sent: Sunday, April 11, 2021 8:01 PM To: Hunter Simmons <hunter.simmons@fairhopeal.gov> Subject: Requested Variance for Front Setback; Case #BOA 21.05 SENT FROM AN EXTERNAL ADDRESS Mr. Simmons: We wholeheartedly support the approval of the variance requested by Justin and Emily Chappell and strongly urge the Board of Adjustment's approval of the same. Respectfully, Steve & Lydia Henley 7230 Wild Oaks Road ELEANOR DR WINDMILL RDHAZEL LNPARKER CTSTATE HWY 181REBECCA'S WAYCity of FairhopeBoard of Adjustment and Appeals April 19, 2021 ¯ WINDMILL RD STATE HWY 181BOA 21.06 - 9979 Windmill Road Legend COF Corp. Limits B-4 - Business and Professional District PUD - Planned Unit Development R-1 - Low Density Single-Family R-2 - Medium Density Single-Family R-A - Residential/Agriculture District COF Planning Jurisdiction ¯ ¯ ^ Project Name:9979 Windmill RoadApplication Type:VarianceVariance Type:Parking VariancesJurisdiction:City of FairhopeZoning District:B-4, Business and Professional DistictPPIN Number:77607General Location:Northwest corner of Windmill Road and Highway 181Surveyor of Record: Engineer of Record:S.E. CivilOwner / Applicant:FST Provision Investments, LLCRecommendation:DenialPrepared by: Samara Walley 1 BOA 21.06 9976 Windmill Road April 19, 2021 The applicant, FST Provision Investments, LLC, are requesting a variance to the parking requirements at 9979 Windmill Road. The property is zoned B-4 General Business and Professional District. The applicant is being represented by Larry Smith of S.E. Civil. In the narrative submitted to Staff indicated that the applicant is requesting a variance from the maximum allowable parking, the compact parking requirement, and the requirement that all parking over the required amount be pervious. Article VI, Section E. 2. Table 4-3 – Parking Schedule requires the following for businesses: The site plan illustrates two office buildings. Both are 3,022 square feet. The total parking required would be 22 parking spaces. The site plan provides 42 parking spaces. The applicant states that the company will be located in the northern building. There will be 17 employees plus 5 company vehicles that will remain in the lot overnight. This brings the total for one building to Bus inesses: General Re tail and Office establishments PO • • .. I -··-...... ..,. ... - --===-• ---- 0 to 4 00 square feet o f 4 parking spaces fl oor area - 400 to 5000 square feet of same as above pins 1 for each floor area -additional 400 squar e feet ov er 5000 square feet of same as above plus 1 parkin g floor area --space for each additiona l 200 square feet WINOtK.l RCl"D M, fl . A/W -------~~~ --------- 2 BOA 21.06 9976 Windmill Road April 19, 2021 22 parking spaces and does not include any potential visitors. Article IV, Section E.3.a. Compact Car Requirement “Compact car parking spaces shall be a minimum of 30% of the required parking spaces and no more than a maximum of 40% of the required parking spaces. Compact car spaces shall be grouped together to the greatest extent possible. Compact car spaces shall be designated by paint at the entrance of the parking stall.” The applicant argues that because this will be a development and engineering company, there is not a demand for compact parking spaces. It is stated that currently, the primary vehicles used are trucks and SUVs with only one employee who drives a car that could fit a compact space. Lastly, the applicant states that the majority of the existing parking will be pervious. 12 of the 42 parking spaces have been designated as pervious. According to Article IV, Section E.4.c.(2)., “Any parking provided that is more than the parking required by Table 4 -3 shall be designed with a pervious surface approved by the City.” According to this requirement, 20 parking spaces would be required to be pervious. Analysis and Recommendation: Variance Criteria Below are the criteria for a variance request per the City of Fairhope’s Zoning Ordinance. (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. Staff finds that this criteria is not appropriate for the review of an application of this type. These four points deal specifically with the land itself. Additionally, the applicant has not presented a substantial hardship that would justify th e request for nearly double the maximum allowable parking. Summary The applicant is requesting a variance to allow parking that exceeds the maximum requirement, the elimination of compact car parking, and fewer pervious parking spaces in a B-2 zoning district. The Zoning Ordinance would require the following for the subject property: • 22 parking spaces • 30% of the 22 required should be compact. • Any parking that exceeds the required 22 parking spaces should be pervious. 3 BOA 21.06 9976 Windmill Road April 19, 2021 The Zoning Ordinance does not currently have a mechanism to review a case of this nature involving parking. A variance, in this case, is not an appropriate request. A special exception would seemingly be more appropriate. However, at this time, the Zoning Ordinance does not address criteria for a special exception for parking. Recommendation: Staff recommends DENIAL of BOA 21.06 4 BOA 21.06 9976 Windmill Road April 19, 2021 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: Article II.C.3.g. 5 BOA 21.06 9976 Windmill Road April 19, 2021 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. Case_Pin Owner Name AddressBOA 21.06 15200 FST CLARKE, LAURA J 2029 SALT MYRTLE LNBOA 21.06 15128 FST COUSENS, ROBERT D III 10081 WINDMILL RDBOA 21.06 270094 FST CROWLEY, LISA M 207 ELEANOR DRBOA 21.06 270092 FST DAVIS, CHARLES HUDSON 9891 WINDMILL RDBOA 21.06 214076 FST ELLINGTON PLACE HOME OWNERS ASSOCIAT 105 PARKER CTBOA 21.06 269423 FST FIELDS, GEORGE A IV 9850 WINDMILL RDBOA 21.06 270101 FST HENDERSON, JAMES LARRY ETUX DARYL L 108 PARKER CTBOA 21.06 270102 FST HURLBURT, PAUL ETAL HURLBURT, KIMBER 210 ELEANOR DRIVEBOA 21.06 270096 FST JOHNSON, CANDACE D 109 PARKER CTBOA 21.06 270093 FST JONES, JONATHAN A 1690 RENAISSANCE COMMONS BLVBOA 21.06 254645 FST MANIFOLD, BENJAMIN LAWRENCE ETUX MIA 9940 WINDMILL RDBOA 21.06 14991 FST MANIFOLD, SIMONE M 9950 WINDMILL ROADBOA 21.06 270095 FST MARQUETTE, CLAUDE J 105 PARKER CTBOA 21.06 262315 FST MASON, DON E ETUX BARBARA G 5 COLONEL WINK DRBOA 21.06 248182 FST MOOREHAVEN VILLAGE CONDO (MASTERCARDBOA 21.06 14533 FST MPM INVESTMENTS L L C 7685 ST HWY 59BOA 21.06 254620 FST NOBLE, JON M ETAL NOBLE, SHANNON P 9890 WINDMILL RDBOA 21.06 270089 FST PEDIGO, GARY E ETAL PEDIGO, LYNN B 9893 WINDMILL RDBOA 21.06 77607 FST PROVISION INVESTMENTS L L C 19947 ST HWY 181BOA 21.06 77588 FST SVENDSEN, RICHARD H JR ETAL SVENDSEN 20118 STATE HWY 181BOA 21.06 95265 FST SWEETWATER INVESTMENTS L L C 20040 ST HWY 181BOA 21.06 77292 FST SWEETWATER INVESTMENTS L L C 20040 ST HWY 181BOA 21.06 214077 FST TRIPLETT, MARVIN C 20105-A ST HWY 181BOA 21.06 270100 FST WALKER, DALE F ETAL WALKER, CONNIE M 112 PARKER COURTBOA 21.06 30284 KNOCKOUT STORAGE L L C 19940 ST HWY 181 STE DBOA 21.06 29835 WALKER, LINDA R 8800 MORPHY AVE Address2 Address3 CityFLEMING ISLEFAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPEAPT 1222 BOYNTON BEACHFAIRHOPEFAIRHOPEFAIRHOPEGULFPORT FOLEYFAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPESUITE D FAIRHOPESUITE D FAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPEFAIRHOPE State ZipFL32003AL36532AL36532AL36532AL36532AL36532AL36532AL36532AL36532FL33426AL36532AL36532AL36532MS39507 AL 36535AL36532AL36533AL36532AL36532AL36532AL36532AL36532AL36532AL36532AL36532