Loading...
HomeMy WebLinkAbout06-15-2020 Board of Adjustments MinutesJune 15, 2020 Board of Adjustment Minutes 1 The City of Fairhope Board of Adjustments and Appeals met on Monday, June 18, 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; Christina Stankoski; Hunter Simmons, Planning and Zoning Manager; Carla Davis, Planner; Emily Boyett, Secretary and Erik Cortinas, Building Official. Absent: Troy Strunk The meeting was called to order at 5:01 PM. The minutes of the May 18, 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. ABSTAIN – Christina Stankoski. BOA 20.06 Public hearing to consider the request of William and Patricia Dorgan for a variance to the front setback requirements for accessory structures at 22585 Main Street. Ms. Davis gave the staff report saying the subject property is 22585 Main Street and is zoned R-1, Low Density Single-Family Residential District. The applicant is requesting an accessory structure setback variance. The applicant’s property is located along Mobile Bay and thus is considered a waterfront lot. An amendment was made to the Zoning Ordinance on June 10, 2019 (Ordinance #1652) that defines a waterfront lot as “any lot or parcel adjacent to Mobile Bay”. Properties fronting Mobile Bay must adhere to front yard setbacks where the property abuts the bay, and rear yard setbacks where the property abuts the street. The applicant has constructed a new boat house and pier in what is now considered to be within the front yard setbacks which is not allowed. Prior to new construction of the boat house and the ordinance amendment; the applicant had a gazebo/ pier house on the property that met the rear and side yard setback requirements. However, it appears that new construction and renovations took place without permits after the zoning amendment was adopted which now places the boathouse and pier house within the 40’ front yard required setback. The applicant is now asking the board to provide relief to allow structures to be located within the 40’ front yard setback on this waterfront property. The applicant states that the new pier house does not interfere or obstruct any views out towards the bay, nor does the pier house reduce the well-established character of the Montrose bluff neighborhood. The applicant also states that there are many other properties along the bluff that have similar structures within what is now their front yards. Staff is aware that similar lots within the surrounding area also have structures located along the waterfront and thus approval of this request would not seem out of character with the uniqueness of the surrounding area. Staff recommendation is approval of an accessory structure to be placed within the required 40’ front yard setback at 22585 Main Street. Mr. Simmons explained when the definition of “waterfront lots” was established it did not address accessory structures in front yards such as pools, gazebos, and kitchens. He June 15, 2020 Board of Adjustment Minutes 2 said an amendment to the ordinance can be made to address front yard accessory structures or they can all be brought before the Board. Mr. Avent said he understood the confusion and suggested an amendment to the ordinance be made to clarify. William Dorgan addressed the Board saying the pier house is approximately 70’ down on the beach. Ms. Slagle asked why no permit was obtained for the structure and Mr. Dorgan explained he did not think one was required because it was part of the pier. He stated the work for the house was permitted and he even asked the Building Inspector. Mr. Vira opened the public hearing. Catherine Cusa of 22563 Main Street – She asked what the use of the property will be and if a grinder pump will be required. She noted the vegetation has been cleared and said retaining walls are needed to keep the site stabilized. Mrs. Boyett stated a letter in opposition was received and she had one telephone call in support. Having no one else present to speak, Mr. Vira closed the public hearing. Mr. Cortinas addressed the Board saying the Building Department does not issue permits for piers or buildings over the water; however, the subject structure is on the beach and within the City Permit Jurisdiction. He noted there was a valid permit for the principle structure and all inspections are current. Mr. Cortinas said the applicant wanted a to install a lift for access from the pier house to the principal structure which caused a Stop Work Order to be issued. He explained the issues with flood zones, electrical work, and plumbing can be addressed through permitting, but the main concern is whether the structure is legal. John Avent made a motion to accept the staff recommendation to approve an accessory structure to be placed within the required 40’ front yard setback at 22585 Main Street. Cathy Slagle 2nd the motion and the motion carried unanimously with the following vote: AYE – Dick Schneider, John Avent, Cathy Slagle, Christina Stankoski, and Anil Vira. Old/New Business John Avent made a motion to remove Troy Strunk from the Board of Adjustment due to failure to fulfill requirements of the By-Laws. Cathy Slagle 2nd the motion and the motion carried unanimously with the following vote: AYE – Dick Schneider, John Avent, Cathy Slagle, Christina Stankoski, and Anil Vira. Having no further business, the meeting was adjourned at 5:46 PM.