HomeMy WebLinkAbout10-19-2020 Board of Adjustments MinutesOctober 19, 2020
Board of Adjustment Minutes
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: A YE -John A vent; 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.
Staffrecommends 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.
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October 19, 2020
Board of Adjustment Minutes
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 A vent 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: A YE Dick Schneider, John A vent, Anil Vira, and Cathy Slagle. NAY -none.
Having no further business, the meeting was adjourned at 5:28 PM.
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Anil Vira, Chairman Allie Knutson, Secretary, on
behalf of Emily Boyett
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