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HomeMy WebLinkAbout06-15-2020 Board of Adjustments Agenda PacketKarin Wilson Mayor council Members Kevin G. Boone Robert A. Brown Jack Burrell, ACMO Jimmy Conyers Jay Robinson Lisa A. Hanks, MMC c,ty Clerk Deborah A. Smith, CPA Ci(Y Treasurer 161 North Section Street P.O. Drawer 429 Fairhope, Alabama 36533 251-928-2136 251-928-6776 Fax www.fairhopeal.gov Pn"ntcd on recycled paper 1. Call to Order City of Fairhope Board of Adjustment and Appeals 5:00 PM City Council Chambers June 15, 2020 2. Approval of Minutes 3. Consideration of Agenda Items: A 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. PPIN #: 89453 4. Old/New Business 5. Adjourn May 18, 2020 Board of Adjustment Minutes The City of Fairhope Board of Adjustments and Appeals met on Monday, May 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; Hunter Simmons, Planning and Zoning Manager; Carla Davis, Planner; Samara Walley, Planner; and Emily Boyett, Secretary. Absent: Christina Stankoski and Troy Strunk The meeting was called to order at 5:05 PM. The minutes of the March 16, 2020 meeting were consi motion to accept the minutes as written. Dick Schnei carried with the following vote: A YE -Cathy Sla . Cathy Slagle made a he motion and the motion chneider, and Anil Vira. NAY -none. ABSTAIN John A vent. BOA 20.03 Public hearing to conside variance to the front yard structures at 861 Creek Driv Mrs. Walley gave the staff report Residential District. The applicant 1 setback for a property located in an The Zoning Ordinan a 40' fi Family Residentia The subject prope the southeastern come ned R-1-Low Density o allow a 25' front yard amily Residential district. 1, Low Density Single r along wetland boundaries. e prope 1s comprised of wetlands near f the wetland buffer requirement, lot acks, the applicant would have nted an unnecessary hardship. lar shap owever, the subject property essentially loses si buffer requ that would al granted approva for a Front and Rea the location of the wetlands and the resulting t, h er, has previously been approved for a variance le area for the proposed dwelling. The applicant was Loning Adjustment at its November 18, 2019 meeting ck Variance allowing a 35' Front Yard setback. At that ted by Wetlands Resources Environmental Consulting. It should also be noted that e applicant would have nearly 5,000 square feet ofbuildable area based on previously approved variance. Relief, if granted, would not cause any detriment to the public nor impair the intent of this ordinance. However, the property could be developed without relief from the setbacks that were previously granted. Staff recommends Denial of BOA 20.03 because the applicant has not proven a substantial hardship that would not allow the construction of a dwelling that would meet the required setbacks. If it is the position of the Board to approve the above application, the following conditions should be required: 1. The northwest side setback shall be revised to 15' in lieu of 10' shown on survey. 2. Subdivision re-plat approval reflecting the revised setbacks prior to the issuance of a Final Certificate of Occupancy. 1 May 18, 2020 Board of Adjustment Minutes Mr. Vira opened the public hearing. Tricia Niemeyer of 3 02 Poplar Place submitted a letter in support of the proposal. Brian Metcalf of 720 S. Mobile Street voice his support of the application. Having no one else present to speak, Mr. Vira closed the public hearing. Mr. Schneider stated the applicant is doing the best with what he has. John A vent made a motion to accept the staff recommendation to approve with the following conditions: 1. The northwest side setback shall be revised to 1 2. Subdivision re-plat approval reflecting the re ·eu of 10' shown on survey. backs prior to the issuance of a Final Certificate of Occupancy. Dick Schneider 2nd the motion and the motion vote: AYE Dick Schneider, John Avent, BOA 20.04 Public hearing to consider variance to the maximum lot Loop. Ms. Walley gave the staff repo Coverage variance • sly with the following agle. NAY -none. esting a Maximum Lot -3 PGH High Density licant is requesting a Single Family/ P variance to allo the total lot cove 32.5% site one o Hing that will be 43.4% of ning Or nance requires a maximum of -3 PGH district. The subject property is ent. With building site coverage as set forth have significant limitations regarding the al development wi Staff recommends ropose elling. The subject property essentially on a curved street. Relief, if granted, would not ic no air the intent of this ordinance. The property is e area as set forth by the requirements. The proposed quired setbacks. fa maximum lot coverage variance to allow a dwelling -3 PGH zoning district. Tom Stokes ofTruland es, LLC addressed the Board saying the covenants for the subdivision require 1,400 square feet (sqft.) for the footprint and the allowable square footage with the requirements only allows for 1,200 sqft. He stated the proposed structure will not encroach the required setbacks. Mr. Vira opened the public hearing. Mrs. Boyett stated two letters of opposition have been received regarding this case. Having no one present to speak, Mr. Vira closed the public hearing. Mr. Simmons stated all the lots in the subdivision are over the lot coverage requirements. Cathy Slagle made a motion to accept the staff recommendation for approval of a maximum lot coverage variance to allow a dwelling to occupy 43.4% of the lot at 247 Divot Loop. 2 May 18, 2020 Board of Adjustment Minutes John Avent 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. BOA 20.05 Public hearing to consider the request of Haney Jones on behalf of Pookie n Boo, LLC to allow a Massage Therapy and Spa as Use Not Provided For at 50 S. Greeno Road. Ms. Davis gave the staff report saying the subject property is located at 50 S. Greeno Road and is zoned B-4 Business and Professional District. The applicant is requesting to have a massage therapy and day spa. Currently, massage therapy and day spas are not listed in the City's chart of permitted uses; nor are they all based on the current Zoning Ordinance. Massage thera identified in the chart of permitted uses; however, th is the category in which it would most likely fit. T is defined as: "a business that provides includi shop or beauty salon, film processing, small other similar service. Any personal servic from this use ". The applicant is currently o in Fairhope zoned B-2. The applicant provide Mountain Massage & Day Spa h n operatin Mountain Massage provides mas y and s The applicant is proposing interior to the treatment rooms with additional upg Th the restrooms to be h cessibl Staff recommends e BOA: to operate at 50 S. Mr. Vira opened the p ed anywhere in the city day spa is not currently I personal services category Personal Service Category ost office, bank, barber • r, office support, or escribed is excluded another property most y 1 clients. allow for four t also plans to update tain Massage and Day Spa Mrs. Boy Havin Cath BOA2 ceived regarding this case. e public hearing. ecommendation for approval of case e and Day Spa to operate at 50 S. Greeno Road. and t otion carried unanimously with the following hn Avent, Anil Vira, and Cathy Slagle. NAY -none. e meeting was adjourned at 5:46 PM. 3 1 BOA 20.06 22585 Main Street– June 15, 2020 Board of Adjustment June 15, 2020 Case: BOA 20.06 22585 Main Street Variance: Accessory Structure Setback Project Name: 22585 Main Street Property Owner / Applicant: William Dorgan General Location: West side of Main Street approx. 600’ ± from Parker Road Request: Accessory Structure Setback Variance Project Acreage: 1.33 Acres Zoning District: R-1 - Low Density Single-Family Residential District PPIN Number: 89453 Report prepared by: Carla L. Davis City Planner, QCI Recommendation: Approval N Subject Site Subject Site N Parker Rd R-1 -LcwDen:-.i • 3 5 tySmg"ittamity 2 BOA 20.06 22585 Main Street– June 15, 2020 Summary of Request: The subject property is located at 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. 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 3 BOA 20.06 22585 Main Street– June 15, 2020 (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. 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 located along Mobile Bay and the previously identified rear yard is now classified as the front yard based on the amended definition of waterfront lots. (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 40’ front yard setbacks would prohibit the existing gazebo and boat/ pier house from being allowed although other surrounding neighbors have similar structures on their properties. (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 be more aligned with the existing structures located on similar waterfront properties. (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 or the character of the surrounding area. Staff Recommendation: Staff Recommends approval an accessory structure to be placed within the required 40’ front yard setback at 22585 Main Street.