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HomeMy WebLinkAbout05-18-2020 Board of Adjustments Agenda PacketCity of Fairhope Board of Adjustment and Appeals 5:00 PM City Council Chambers May 18, 2020 1. Call to Order 2. Approval of Minutes 3. Consideration of Agenda Items: A. BOA 20.03 Public hearing to consider the request of Winston Chapman for a variance to the front setback requirements for principle structures at 861 Creek Drive. PPIN #: 63532 B. BOA 20.04 Public hearing to consider the request of Truland Homes, LLC for a variance to the maximum lot coverage requirements at 247 Divot Loop. PPIN #: 305091 C. BOA 20.05 Public hearing to consider the request 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. PPIN #: 56064 4. Old/New Business 4. Adjourn 1 BOA 20.03 861 Creek Drive – May 18, 2020 Board of Adjustment May 18, 2020 Case: BOA 20.03 861 Creek Drive Project Name: 861 Creek Drive Property Owner / Applicant: Winston Chapman General Location: West side of Creek Drive Request: Front Setback Variance Zoning District: R-1, Low Density Residential PPIN Number: 63532 Report prepared by: Samara Walley, MCP City Planner Recommendation: Conditional Approval 861 Creek Dr. l I '"' \ s:csl~~~.w-~ E.rteomm .. nir, B-2 • Geru,raj 6us1f1es, D1it11a. ■ Bla T01,1rist.R~lodging0tsir,cr ■ B-3b-Toumt ResortG:m,~rdal Servlc,; DrStria ■ 8...41 6uEinm;s allrl l"mfog,1vn'+I D,:lr,d ■ M I 19ht l11,l!4'111nl l)1,1ue1 ■ F'-1-rar1ong FUD-Pl.srif'ed Urul De\-..ilopmef't R-1-1..cwDt'!~Sirtg~smlt R1fa!-Fi'@s.idenLal Unc.ertait1 Z 11'1/bl Re"d111niallJm.."oifti1+1 Rl/c;) R~!1\li:,ilt,1,1~1t•l!I R-3PGH Patio/Garden Sin.::i'4= i=amlJ~ k·S 1-i•-Jli f►.11~,t)o l)11r1 •lhMJ R~d•11,1 .. l R-15 -Mc.h,le Hom~ F.art: O,mict R-P-Res1dentJal1,e.gnt:ultu,11 Q!Qfla 0 1'R-Ttll.im!R.!!9t!n 2 BOA 20.03 861 Creek Drive – May 18, 2020 Summary of Request: The applicant is requesting a Front Yard setback variance at 861 Creek Drive. The property is zoned R-1- Low Density Residential District. The applicant is requesting a variance to allow a 25’ front yard setback for a property located in an R-1, Low Density Single Family Residential district. The Zoning Ordinance requires a 40’ front yard setback in an R-1, Low Density Single Family Residential district. The Zoning Ordinance also requires a 20’ undisturbed buffer along wetland boundaries. It should be noted that the applicant was granted approval by the Board of Zoning Adjustment at its November 18, 2019 meeting for a Front and Rear Yard Setback Variance allowing a 35’ Front Yard setback. At that time, wetlands data was collected by Wetlands Resources Environmental Consulting. It should also be noted that the applicant would have nearly 5,000 square feet of buildable area based on previously approved variance. The following drawings were prepared by the applicant with captions stating the following: “Using existing setbacks, house will have to push all the way to left setback” M et ca lf Mea n Hig h Water • r---.._ 25 ft Setback l --------------------- 1 .._' I '' I ', ..... I ', ----10 ft I ', __________ ', ~ ---etbac k . I I L _____________________________ 4 30 ft Setback M etcal f Priv at e Driv e Ni e m ey e r Wetlands 2 3 BOA 20.03 861 Creek Drive – May 18, 2020 “Asking for reduction of drive side setback from 30 to 25 feet to allow house to be centered on the lot.” Comments: The City of Fairhope Zoning Ordinance defines a variance as follows: Variances: A modification of the strict terms of the relevant regulations in a district with regard to placement of structures, developmental criteria or provision facilities. Examples would be: allowing smaller yard dimensions because an existing lot of record is of substandard size; waiving a portion of required parking and/or loading space due to some unusual circumstances; allowing fencing and/or plant material buffering different from that required due to some unusual circumstances. Variances are available only on appeal to the Board of Adjustment and subject to satisfaction of the standards specified in this ordinance. The Board of Adjustments is authorized to grant variances 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; Metcalf 1 1 I I I I I ~1 Setbacl<l I I I I 1 1 Fly Cree k 25 ft Setback L __________________ _ 25 ft Setback Metca lf Pr ivate Dr ive 21' N iemeye r wetlands Peli~a,ion 7 boundarv markers set lt7fell outside property tines #1 is at the corner #4 is closest to any point of footprint ofthehouseat24ft Measurement taken from SE corner post #1 Al co rner #2 2311 west of co rner #3 33ft west of co rner 1#4 Oltwestofcorner #IS 38ft west of corner Note: Forreference,eastfootprint bounda ry of house Is 67ft west of 4 BOA 20.03 861 Creek Drive – May 18, 2020 (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 (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 subject property is adjacent to Fly Creek. The property is comprised of wetlands near the southeastern corner of the property. Because of the wetland buffer requirement, lot configuration, and required minimum building setbacks, the applicant would have minimal building area. The applicant, however, has previously been approved for a variance that would allow enough buildable area for the proposed dwelling. (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: The applicant has not presented an unnecessary hardship. 5 BOA 20.03 861 Creek Drive – May 18, 2020 (c) Such conditions are peculiar to the particular piece of property involved; and Response: The lots in the vicinity are all irregular shaped. However, the subject property essentially loses significant square footage due to the location of the wetlands and the resulting buffer requirement. (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. However, the property could be developed without relief from the setbacks that were previously granted. Staff Recommendation: 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; and 2. Subdivision re-plat approval reflecting the revised setbacks prior to the issuance of a Final Certificate of Occupancy. Prepared by: Samara Walley, MCP City Planner 1 BOA 20.04 247 Divot Loop – May 18, 2020 Board of Adjustment May 18, 2020 Case: BOA 20.04 247 Divot Loop Project Name: 247 Divot Loop Lot 114, Quail Creek Villas VI Property Owner / Applicant: Truland Homes, LLC General Location: Northeast side of Divot Loop Request: Maximum Lot Coverage Variance Zoning District: R-3 PGH High Density Single Family Patio/ Garden Home Residential District PPIN Number: 305091 Report prepared by: Samara Walley, MCP City Planner Recommendation: Approval 247 Divot Loop N 247 Divot Loop Divot Loop Club Drive Club Drive I 4.440 4.439 4 .438 !I §I DIVOT LOOP sl 4 Zoning ■ 8-t Lcic:al 5riopp1n,;;;o 01stnct B-2 •G9t't1J~ B051r,es,D1lUJ<l ■ 83.1 .,.Ol.lr~R~Lod9"19Diltnct f'UO· f'li~ Urn\ ~'l!lnomfJflt R.•1 ·lctW 0en!ISl)5ir,g2-Fb<n,lt R1(al-Rer.ident.i11Unceru;r, z'; 11'1/bf Re,..,dumi.JI Uncv1ta11, Rl(t)R~"l1ll.i•ll,,,,,.,,,.,,, R-2 • Med UPI O@,urty'i,ngle.r •mity ■ 11:-J. t11,gh Denllty S•llg"..f ..1m•I~ R-3PGH Paua/Ga,den Sinqle, Famllv R-3Th-To...nhov1eS'ngteF.ami1y- ■ ~..4 utw Du~1J Mult hil'l'l~ I(.!, 1-,,~l,r>,o.,~,1yl)11,♦lhitgR~i.111 ... I 1Hi-Mt.b,lEMomef1.i'11:0.:imet ll:-P-Rss1dant1iillotigntultw1110r&mtt t°d TR-TlJUfl!1Re!Cln 2 BOA 20.04 247 Divot Loop – May 18, 2020 Summary of Request: The applicant is requesting a Maximum Lot Coverage variance at 247 Divot Loop. The property is zoned R-3 PGH High Density Single Family/ Patio Garden Home Residential District. The applicant is requesting a variance to allow the construction of a 2,364 square foot dwelling that will be 43.4% of the total lot coverage an R-3 PGH district. The Zoning Ordinance requires a maximum of 32.5% site coverage by principle structure in an R-3 PGH district. The applicant provided the following drawing of the proposed dwelling: Comments: The City of Fairhope Zoning Ordinance defines a variance as follows: Variances: A modification of the strict terms of the relevant regulations in a district with regard to placement of structures, developmental criteria or provision facilities. Examples would be: allowing smaller yard dimensions because an existing lot of record is of substandard size; waiving a portion of required parking and/or loading space due to some unusual circumstances; allowing fencing and/or plant material buffering different from that required due to some unusual circumstances. Variances are available only on appeal to the Board of Adjustment and subject to satisfaction of the standards specified '' .< •:, // __ / \ '· . _.- TOF OF R FROM F. 22'-6" 3 BOA 20.04 247 Divot Loop – May 18, 2020 in this ordinance. The Board of Adjustments is authorized to grant variances 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 (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 4 BOA 20.04 247 Divot Loop – May 18, 2020 (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 subject property is one of the smallest lots within the entire development. (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: With building site coverage as set forth in the Zoning Ordinance, the applicant would have significant limitations regarding the allowable square footage of the proposed dwelling. (c) Such conditions are peculiar to the particular piece of property involved; and Response: The subject property essentially loses square footage due to its location on a curved street. (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 property is limited in the amount of buildable area as set forth by the requirements. The proposed development will still meet the required setbacks. Staff Recommendation: Staff recommends the approval of a maximum lot coverage variance to allow a dwelling to occupy 43.4% of a lot in a R-3 PGH zoning district. Prepared by: Samara Walley, MCP City Planner 1 BOA 20.05 50 S Greeno Road – Feburary 18, 2020 Board of Adjustment May 18, 2020 Case: BOA 20.05 Application for Use Not Provided For Project Name: 50 South Greeno Road Applicant: Haney Jones General Location: 50 Greeno Road Request: Uses Not Provided For Project Acreage: 0.46 Acres Zoning District: B-4 Business and Professional District PPIN Number: 56064 Report prepared by: Carla L. Davis City Planner, QCI Recommendation: Approval N Subject Site Subject Site N l Q. ,PECT ROSPECT AVE ~r~1A M AYVLEMAN AVE (NOT US ED) Legend •••--•SllbjectParoel CITY OF FA IRHOP E ZONING Zoning ~TRTouristRei!Or1 -R-AResidential l'°"}riaJltureDislrid R-1 lowDenstySilgle-fa mly ffll R1(a) lZz.3 R1(b) ~R1(c) -R-2 MediumDensitySilgle-Fami1'/ -R-3HighD~ty$ingle-famly R-3 PGH PatiolGardenSilgleFamiy LJ R-3TliToWlhouseSilgleFaml y -R-4LowDenstyMuli-Fam1ly R-5 Higt,Oell$ty0welilg Residenti.11 -B-1 locaJShoppingDisl!id B-2 General BusinessDistri d -B-3a Touri!IIResor1LodgilgDislrid -B-3b Touri!IIResor1Commerci alSeMCeDistrid -B-4 Busine115andProfessionalDistrid -ld -1 Lighl lndusllia1Di!llrict -P-t Paitilg PUD PlannedUnlDevelopment 2 BOA 20.05 50 S Greeno Road – Feburary 18, 2020 Summary of Request: The subject property is located at 50 South 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 spa’s are not listed in the City’s chart of permitted uses; nor are they allowed anywhere in city based on the current Zoning Ordinance. A massage and day spa is not currently identified in the chart of permitted uses; however the general personal services category is the category in which it would most likely fit. The General Personal Service Category is defined as: “a business that provides including uses such as post office, bank, barber shop or beauty saloon, film processing, small appliance repair, tailor, office support, or other similar service. Any personal service that is more specifically described is excluded from this use”. As an aside, the applicant is currently operating the same business at another property in Fairhope zoned B-2. The applicant provided a narrative stating that his business Mountain Massage & Day Spa has been operating in the City of Fairhope since 2006. Mountain Massage provides massage therapy and spa services to mostly local clients. The applicant is proposing interior renovates to the unit space to allow for four treatment rooms with additional upgrading features. The applicant also plans to update the restrooms to be handicap assessible. Comments: The Board of Adjustments is authorized to grant relief for a use not provided for through Article II.A.4.d(4) which says the following: d. Duties and Powers: The Board shall have the following duties and powers: (4) Whenever, in any district established under this ordinance, a use is neither specifically permitted or denied and an application is made by a property owner to the Director of Planning and Building for use, the Director shall refer the application to the board of adjustment which shall have the authority to permit the use or deny the use. The use may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this ordinance. Analysis and Recommendation: Any other application to the Board shall be reviewed under the following criteria and relief granted only upon the concurring vote of four Board members: (a) Compliance with the Comprehensive Plan; (b) Compliance with any other approved planning document; (c) Compliance with the standards, goals, and intent of this ordinance; (d) The character of the surrounding property, including any pending development a ctivity; (e) Adequacy of public infrastructure to support the proposed development; (f) Impacts on natural resources, including existing conditions and ongoing post -development conditions; (g) Compliance with other laws and regulations of the City; (h) Compliance with other applicable laws and regulations of other jurisdictions; (i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; (j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. (k) Overall benefit to the community; (l) Compliance with sound planning principles; (m) Compliance with the terms and conditions of any zoning appr oval; and (n) Any other matter relating to the health, safety, and welfare of the community. Staff has reviewed the above criteria and this application meets the standard requirements for approval. 3 BOA 20.05 50 S Greeno Road – Feburary 18, 2020 Staff Recommendation: Staff Recommends approval of case BOA 20.05 to allow Mountain Massage and Day Spa to operate at 50 S Greeno Road. Mr. Simmons: On September 30, 2019, my wife and I purchased Unit D at 50 South Greeno Road (under the name Pookie n Boo, LLC) with the intention of renovating the space for her to use in her business, Mountain Massage & Day Spa. Mountain Massage & Day Spa has been operating in the City of Fairhope since 2006. Mountain Massage provides massage therapy and spa services to mostly local clients. The space will allow for the business to have four treatment rooms, but the proposed renovation will not change the exterior of the building. We plan to reconfigure some of the rooms and upgrade the space with better quality finishings. Other plans include adding sinks in the treatment rooms and upgrading the restrooms to be handicap compliant. We first learned that this specific use is not provided for under zoning when Mr. Erik Cortinas emailed to let us know that we needed to speak with Mr. Buford King about this when he was finishing up our plan review. We always strive to do things the right way and respectfully ask that you allow us to move forward with the renovation and then operate the business as planned. Please let me know if you have any questions for us. We look forward to hearing back from you soon.