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HomeMy WebLinkAbout03-15-2021 Board of Adjustments Agenda PacketOctober 19, 2020 Board of Adjustment Minutes 1 The City of Fairhope Board of Adjustments and Appeals met on Monday, October 19, 2020 at 5:00 PM in the City Council Chambers at the City Administration Building, located at 161 N. Section Street. Members Present: Anil Vira, Chairman; John Avent, Vice-Chair; Dick Schneider; Cathy Slagle; Hunter Simmons, Planning and Zoning Manager; Carla Davis, Planner; and Emily Boyett, Secretary. Absent: Christina Stankoski The meeting was called to order at 5:00 PM. The minutes of the June 15, 2020 meeting were considered. John Avent made a motion to accept the minutes as written. Dick Schneider 2nd the motion and the motion carried with the following vote: AYE – John Avent; Cathy Slagle, Dick Schneider, and Anil Vira. NAY – none. BOA 20.07 Public hearing to consider the request of Jerry and Susan McCool for a variance to the front setback requirements for principal structures at 900 Creek Drive. Mr. Simmons gave the staff report saying the applicant is requesting a Front Setback Variance at 900 Creek Drive. The property is zoned R-1, Low Density Single Family Residential District. The applicant is requesting a 24’ front yard variance (16’ front setback in place of the required 40’ front setback). The Zoning Ordinance requires a minimum front setback of 40’ in an R-1 Low Density Single Family Residential District. The applicant stated in the narrative submitted to staff that there are underground power lines that bisect the subject property. Staff has spoken with the City of Fairhope Utilities Department, along with the applicant, to discuss the location of the existing lines. Staff recommends APPROVAL of the front yard variance to allow a 24’ front yard setback subject to the following conditions: 1. Lot 1, Lot 2 and Lot 3 of Volanta View subdivision shall be re-plated as one lot. The plat must be signed by Staff and recorded with the Judge of Probate prior to the issuance of building permits. 2. Location of the underground utility shall be shown on the recorded plat 3. A 5’ drainage easement shall be included on the above-mentioned recorded plat along the southern boundary. 4. A recorded 10’ easement granted to the applicant and lying south of the 5’ drainage easement shall be recorded with the Judge of Probate. Final language shall be approved by Staff prior to filing with the Judge of Probate. 5. Coordination with the City of Fairhope Utilities Department prior to the issuance of building permits. 6. Placement of a note on the subdivision plat stating that a dwelling will be constructed on existing underground utilities. Any future structure must comply with Fairhope Public Utility regulations. 7. Existing structure and utilities located on Lot 3 will be removed prior to issuance of a building permit for new construction. October 19, 2020 Board of Adjustment Minutes 2 Mr. Vira opened the public hearing. Carol Gordon of 462 Satsuma Street – Lots were originally for interior lots without waterfrontage and were their water access. These lots are the last parcels of open greenspace along the water. Existing building needs to be removed. Powerline serves Sea Cliff Drive. Long process but commends staff and applicant for getting it right. Having no one else present to speak, Mr. Vira closed the public hearing. John Avent made a motion accept the staff recommendation to APPROVE the front yard variance to allow a 24’ front yard setback subject to the following conditions: 1. Lot 1, Lot 2 and Lot 3 of Volanta View subdivision shall be re-plated as one lot. The plat must be signed by Staff and recorded with the Judge of Probate prior to the issuance of building permits. 2. Location of the underground utility shall be shown on the recorded plat 3. A 5’ drainage easement shall be included on the above-mentioned recorded plat along the southern boundary. 4. A recorded 10’ easement granted to the applicant and lying south of the 5’ drainage easement shall be recorded with the Judge of Probate. Final language shall be approved by Staff prior to filing with the Judge of Probate. 5. Coordination with the City of Fairhope Utilities Department prior to the issuance of building permits. 6. Placement of a note on the subdivision plat stating that a dwelling will be constructed on existing underground utilities. Any future structure must comply with Fairhope Public Utility regulations. 7. Existing structure and utilities located on Lot 3 will be removed prior to issuance of a building permit for new construction. Dick Schneider 2nd the motion and the motion carried unanimously with the following vote: AYE – Dick Schneider, John Avent, Anil Vira, and Cathy Slagle. NAY – none. Having no further business, the meeting was adjourned at 5:28 PM. FAIRHOPE AV SECTION ST SMAGNOLIA AV S CHURCH STN BANCROFT STSECTION ST NSAXE LN N CHURCH STATKINSON LN N SUMMIT STPINE AV EQUALITY ST DE LA MARE AV S BANCROFT STS SUMMIT STS BAYVIEW STN BAYVIEW STBOISE LNGENEVIEVE LN City of FairhopeBoard of Adjustment and Appeals March 15, 2021 ¯N CHURCH STMAGNOLIA AV BOA 21.02 - 301 Magnolia Ave Legend COF Corp. Limits 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 R-4 - Low Density Multi-Family R-5 - High Density Dwelling Residential COF Planning Jurisdiction ¯ ¯ ^ Project Name:301 Magnolia AvenueApplication Type:VarianceVariance Type:Parking & Sidewalk varianceJurisdiction:City of FairhopeZoning District:B-2, General Business DistrictPPIN Number:14394General Location: Surveyor of Record: Engineer of Record: Owner / Applicant:Vance McCownSchool District: Recommendation:Approval w/ conditionsPrepared by: Samara Walley ----- ,,,. • • • • • 1. We are requesting a special exception from the parking requirements of the City of Fairhope Zoning Ordinance Article V, Section B.4.d.(2) to allow “front screened parking on the Church St. frontage only. A grade differential of 15’ exists on the site. The use of retaining walls and terraced building areas makes it difficult to have vehicles access the rear of the Church St. frontage. These conditions preclude reasonable use of the land because the rear parking as required for the residential use presents an extraordinary use of land for circulation. The hardship related to furnishing the required parking affects the grading of the site in that if parking were in the rear it would be approximately 10’ higher than the finish floor elevation of the living space. If we were to attempt to drive down from the rear of the property to the Church St. finish floor elevation for our parking the storm drainage system would have to be placed in or under the living area, which is not recommended by civil engineering practice. Please note the attached cross-sectional drawing. 2. We are also asking for a special exception to the 6’-0” minimum CBD sidewalk width per the Fairhope Zoning Ordinance. The existing tree root system and trucks do not allow for the construction of the required sidewalk width. A 4’-0” sidewalk is requested for a portion of our Church St. R.O.W. frontage. The northern most tree will not allow for the sidewalk to be constructed at 4’-0” without causing damage to the tree. Please not the attached site plan. The applicant is requesting two variances; the first being a variance to Article V, Section B(4)(d)(1), the requirement for parking to be located behind a building in the Central Business District (CBD) and the second variance to Article V, Section B(4)(e), the requirement that requires a sidewalk with a minimum width of 6’ install within the Central Business District (CBD). The variance requests relate to an attempt to preserve Heritage trees located within the rights-of-way. The subject property is zoned B-2, General Business district. The City of Fairhope Planning Commission voted to approve a 10-unit Multiple Occupancy Project at its February 1, 2021 meeting. The approval was contingent upon the following conditions: 1. The Board of Adjustment granting a variance to the sidewalk requirements in the Central Business District along Church Street. 2. The Board of Adjustment granting a variance to the parking requirements in the Central Business District along Church Street. 3. Tree mitigation shall be required for removal of trees within the right-of-way. The Planning Commission approval was dependent on the two variance requests listed above. Staff has reviewed each variance request independently. Variance Request 1: The requirement for parking to be located behind a building in the Central Business District (CBD). Article V, Section B(4)(d)(1) states the following about parking: No parking is required for non-residential uses in the CBD. If parking is provided, it shall be located behind the building, screened from public rights-of-way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. The applicant provided a narrative stating that they are requesting a special exception. It should be noted that special exceptions are limited to uses. Therefore, if the Board approves, a variance is appropriate rather than a special exception. According to the applicant, there is a grade differential of 15’ at this location and it is difficult for vehicles to access the rear of the Church Street frontage. He further states that the hardship related to furnishing the required parking affects the grading of the site in that, if parking were in the rear it would be approximately 10’ higher than the finish floor elevation of the living space. “If we were to attempt to drive down from the rear of the property to the Church St. finish floor elevation for our parking the storm drainage system would have to be placed in or under the living area, which is not recommended by civil engineering practice.” Figure 1 illustrates the changes in grade at the subject site. Figure 1 Also, Figures 2 and 3, most recently presented to the Planning Commission, provide a plan and elevation view of the proposed location of the garages on the site. The two garages located on the West side of the development would directly address Church Street. Figure 2 l ----- i. l NIT 10 1 2332 ~r UNlT tOl ◊•t6SF r A TI O CO JRTYARO -,oo--- t1 aTS~ P,\TIO UNIT XI0 G,,\P/.G!i H i'3F © 11\1 1 1"' lt:?4S~ Figure 3 It should be noted that the Board of Adjustment approved a variance to allow “front screened parking on the Church Street frontage only” at its November 19, 2018 meeting. Variance Request 2: the requirement that requires a sidewalk with a minimum width of 6’ install within the CBD. e. Sidewalks shall be a minimum of eight feet (8’) in width for all new construction. This may be reduced, through the site plan approval process, upon satisfactorily demonstrating to the City Council that streetscape improvements constrain the site to the extent that eight feet (8’) is not feasible. In no case shall the sidewalk width be less than six feet (6’) in width. A written request must be made with accompanying justification statement and drawings for consideration of reduction in sidewalk width. The applicant states, “We are also asking for a special exception to the 6’-0” minimum CBD sidewalk width per the Fairhope Zoning Ordinance. The existing tree root system and trucks do not allow for the construction of the required sidewalk width. A 4’-0” sidewalk is requested for a portion of our Church St. R.O.W. frontage. The Figure 4 I ~=_=t_=_==-=-==-=-==-=-==-=-==-=-==-=-==-=-==-=-==,;;====================-:=._-~--~---+-- ~~n("•- F J----i northern most tree will not allow for the sidewalk to be constructed at 4’-0” without causing damage to the tree.” The applicant has stated that there are heritage trees that would be affected by the provision of 6’ sidewalks. Figure 4 is a plan view of the overall development with sidewalks along Church Street. Figure 5 is an enlarged detail of the section of sidewalk that is proposed to be eliminated. Additionally, in some areas, the applicant has requested to reduce the sidewalk width to 4’ in an effort to preserve the root system of the existing trees. In comparison, the Figure 6 provides an illustration of the sidewalk system that is being proposed. The sidewalk is highlighted. Lastly, the applicant provided a drawing that illustrates the trees related to the site (Figure 7). The drawing indicates the tree drip lines. This drawing allows Staff to see the relationship between the trees and the potential location of a sidewalk Figure 5 Figure 6 11 1 HANDRAILS 171":c :,,. ,. I EX. SS MANHOLE TO BE INSTALi.ED BY CITY OF FAIR HOPE I ,, I 34LF 6" PVC SOR3S@1 04%MIN I I PROPOSED TRANSFORMCR LOCATION I I~ <D !£. C, '.>• I-V1 UJ UJ 0::: I- Cl) I (.) a:: :::, ehntinate thi,s porr;on of SK1ewalk .,.. dva to the extSting '-• tree in1erference ior . E •➔·-· the purpose CY 5a •1in9 the tree vs consu-ucting a stOO\',alk. I c .o. I GARAGE 100 50Q..SF .,. G.,RAGE1Q1 499SF I ,,s, I / UNIT 100 2468 SF \J NIT 101 2332 SF UNIT 200 GARAGE 817SF PATIO I UNIT 201 COURTYARQ GARAGE 100 809 SF 1137 SF I COUR TY. 101 mp 1 PATIO UNIT202 I 1 GARA.GE 698SF BAI.CONY 77SF system on site. As shown, all the driplines of the existing heritage trees extend well into the subject site. 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 applicant has noted issues with topography at this location that would make the addition of parking and sidewalks more difficult and further indicates the changes in grade on the illustrations. Additionally, the City of Fairhope values the preservation of trees. The applicant has made an effort to preserve existing trees as much as possible by eliminating sidewalks in some areas. (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. Figure 7 ""' -.!: "" l,jjjjjj.i-- S&l!f: ,. 11111 , •• "i!lf ___ _,/ ........ .......,_ -~-;;,:..._--,--:::::'.' .. .,_ / . . -_,--~-1!11--w>-l!!I-.....,.._ (c) Such conditions are peculiar to the particular piece of property involved; and Response: The illustrations of the grade changes at the subject property as well as the location of the existing trees, support the applicant’s request. (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. The applicant has presented this request in an effort to stay consistent with the goals of the City of Fairhope and to preserve heritage trees. Recommendation: Staff recommends approval of BOA 21.02 subject to the following conditions: 1. All sidewalks shall be ADA compliant and shall be a minimum of 4’ in width. 2. The subject site shall be limited to two garages that address Church Street. 3. Installation of sidewalks, driveways, utilities, etc. within the city ROW shall require a ROW permit. Trimming and/or removal trees in the ROW shall be approved by the City of Fairhope Public Works Department. Fairhope Board of Adjustments Agenda Schedule 2021 MEETING DATE 5:00PM SUBMITTAL DEADLINE 3:00PM Thursday, January 21, 2021 Monday, December 14, 2020 *Moved due to the Martin Luther King holiday Thurs, February 17, 2021 Monday, January 11, 2021 *Moved due to the Mardi Gras holiday Monday, March 16, 2021 Monday, February 8, 2021 Monday, April 19, 2021 Monday, March 8, 2021 Monday, May 17, 2021 Monday, April 12, 2021 Monday, June 21, 2021 Monday, May 10, 2021 Monday, July 19, 2021 Monday, June 14, 2021 Monday, August 16, 2021 Monday, July 12, 2021 Monday, September 20, 2021 Monday, August 9, 2021 Monday, October 18, 2021 Monday, September 13, 2021 Monday, November 15, 2021 Monday, October 11, 2021 Monday, December 20, 2021 Tuesday, November 9, 2021 Thursday, January 20, 2022 Monday, December 13, 2021 *Moved due to the Martin Luther King holiday BOARD OF ADJUSTMENT MEETINGS ARE HELD IN COUNCIL CHAMBERS, FAIRHOPE MUNICIPAL COMPLEX AT 161 N. SECTION STREET IT IS THE RESPONSIBILITY OF THE APPLICANT TO SEE THAT ALL SUBMINTTALS ARE MADE IN A COMPLETE AND TIMELY SEQUENCE AND TO HAVE THE CASE PRESENTED BEFORE THE BOARD AT SCHEDULED MEETINGS. **INCOMPLETE SUBMITTALS WILL NOT BE PLACED ON THE AGENDA. **