HomeMy WebLinkAbout05-18-2020 Board of Adjustments MinutesMay 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.
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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.
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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.
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