HomeMy WebLinkAbout11-18-2019 Board of Adjustments Agenda PacketKari n Wilson
M,!J'Or
Co1111cf/ Membas
Kevin G. Boon e
Rob ert A. Brown
jack Burrell , ACMO
Jimmy Co nyers
lay Ro binson
Li sa A. Hanks, MMC
CiryClerk
Michael V. Hinson, CPA
Ci{Y Treasuri.'r
161 Nort h Sect ion Stree t
Po , Drawer 429
Fai rho pe, Alabama 36533
251-928-2136
251-928-6 776 Fax
www.fairhopeal.gov
1. Call to Order
City of Fairhope
Board of Adjustment and Appeals
5:00 PM
City Council Chambers
November 18, 2019
2 . Consideration of Agenda Items:
A. BOA 19.14 Public hearing to consider the request of Kelvin
Hamil for a variance to the lot coverage
requirements for an accessory structure for
property located at 201 Gaston Avenue .
PPIN #: 15271
B. BOA 19 .15 Public hearing to consider the request of Winston
and Dee Chapman for a variance to the front and
rear setback requirements for a principle structure
for property located at 861 Creek Drive.
PPIN #: 63532
C. BOA 19 .16 Public hearing to consider the request of Fairhope
Public Utilities for a special exception to allow a
public utility for side stream storage at 1
Woodlands Drive , 19860 Quail Creek Drive, and
6454 Twin Beech Road .
PPIN #: 113552, 84290, and 286294
3 . Old/New Business
5 . Adjourn
in this ordinance.
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} Reliet 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 I1.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 11.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.
3 BOA 19.14 201 Gaston Ave. -November 18, 2019
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 I1.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 11.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
3 BOA 19 .15 861 Creek Drive -November 18 , 2019
(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 .
(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 setbacks as set forth in the Zoning Ordinance, the applicant would only have
approximately 10' x 85' of buildable area on the site.
(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. The property could not be developed without relief from the setback requirements.
Staff Recommendation:
Staff recommends the approval of a 10' variance to allow a 30' minimum building setback from the front
property line and a 5' variance to allow 30' minimum building setback from the rear property line, with the
following conditions:
1. Provision of a survey completed by a licensed surveyor illustrating the property boundaries as well as
the wetland delineation; 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
4 BOA 19 .15 861 Creek Drive -November 18, 2019
Comments:
Each proposed facility will be in a separate quadrant of the collection system. The South Quadrant facility
will be near an existing Twin Beech pump station, the East Quadrant facility will be near the Quail Creek
Transmission main, and the North Quadrant facility will be near the Woodlands pumping station. The
three newly proposed facilities will allow the collection system more time to address electrical and
mechanical malfunctions with pumping stations and allow wastewater to be stored within the system
so peak flows can be better managed during intense rain events.
The overall goal and purpose of the project is to manage peak flows of wastewater during heavy rain
events; and to have multiple facilities that serve as a pretreatment facility with peak shaving capability
for daily wastewater flows.
The review criteria for a use appeal is as follows:
Article II. Section C.e{2)
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:
Response: The Comprehensive Plan refers to infrastructure and states the City needs to plan, provide,
and maintain cost-effective and efficient infrastructure that promotes orderly growth and meets
environmental goals .
(b) Compliance with any other approved planning document;
Response: None noted.
(c) Compliance with the standards, goals, and intent of this ordinance;
Response: Complies
(d) The character of the surrounding property, including any pending development activity;
Response: The subject site located at 1 Woodlands Drive is bordered to the North and West by
Planned Unit Development Zoning; and bordered to the East and South by R-2, Medium Density
Single Family Zoning. The second subject site is located at 19850 Quail Creek Drive and is bound
to the North by unzoned property and R-2, Medium Density Single Family Zoning; bound to the
East by R-2, Medium Density Single Family Zoning; bound to the South by R-3PGH-Patio/ Garden
Single-Family Zoning and Planned Unit Development Zoning; and bound to the West by R-1
Residential/ Agriculture District and R-3PGH-Patio/ Garden Single-Family Zoning. The third
subject site located at 6454 Twin Beech Road is surrounded by unzoned property.
(e) Adequacy of public infrastructure to support the proposed development;
Response: No issues noted. Any impacts would be minor in nature.
(f) Impacts on natural resources, including existing conditions and ongoing post-development
conditions;
Response: It appears that majority of the subject sites are heavily wooded in the areas in which the
storage facilities would be located which allows for a substantial natural vegetative buffer. The
construction of the storage facilities would seem to have a minimal impact on the surrounding area.
4 BOA 19 .16 1 Woodlands Drive, 19850 Quail Creek Drive, & 6454 Twin Beech Road-November 18, 2019
(g) Compliance with other laws and regulations of the City;
Response: No issues noted.
(h) Compliance with other applicable laws and regulations of other jurisdictions;
Response: No issues noted.
(i) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,
and property values;
Response : No issues noted . There is an ex isting buffer of wooded vegetation located around all three
proposed sites.
(j) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential
physical impacts, and property values.
Response: No issue s noted.
(k) Overall benefit to the community;
Response: The use proposed will enhance an aged outdated system providing better service to
Fairhope Utility customers.
(I) Compliance with sound planning principles;
Response: Staff believes this use is in keeping with sound planning principles.
(m) Compliance with the terms and conditions of any zoning approval; and
Response: No issues noted .
(n) Any other matter relating to the health, safety, and welfare of the community.
Response: No issues noted.
Staff Recommendation:
Staff recommends APPROVAL of the appea l for public utility faci lity uses at the following
locations: 1 Wood lands Drive, 19850 Quail Creek Drive, and 6454 Twin Beech Road.
5 BOA 19.16 1 Woodlands Drive, 19850 Quail Creek Drive, & 6454 Twin Beech Road-Nov embe r 18, 2019