HomeMy WebLinkAbout04-15-2019 Board of Adjustments MinutesApril 15, 2019
Board of Adjustment Minutes
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The City of Fairhope Board of Adjustments and Appeals met on Monday, April 15,
2018 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; Harry Kohler; John Avent; Cathy Slagle;
Wayne Dyess, Director of Planning; Mike Jeffries, Planning Tech.; and Emily
Boyett, Secretary.
Absent: Troy Strunk, Vice-Chair; Dick Schneider; Christina Stankoski; and Buford
King, Planner
The meeting was called to order at 5:00 PM. There were no minutes available to approve
from previous meetings.
BOA 19.05 Public hearing to consider the request of James Leonard for a
variance to the rear yard setback requirements for a principal
structure at 110 Atkinson Lane.
Mr. Jeffries gave the staff report saying The applicant is requesting a 10’ variance from
the rear yard setback requirements of 35’ in the City of Fairhope Zoning Ordinance
Article III, Section C.1 Table 3-2 to 25’ to allow for the bathroom to be redesigned to
include a laundry room which is currently located in the detached garage. The minimum
lot area for the subject property is an existing non-conformity. The minimum for R-2 is
10,500sq feet and the subject property is approximately 6,361sq feet, roughly 60% of
what is required by the current zoning ordinance. If the subject parcel was a conforming
lot, the addition could be much larger and may not require a variance. Due to the
setbacks on this non-conforming lot it makes it impossible to expand the house in the rear
or front as the house already encroaches into both setbacks. The conditions are peculiar
to this piece of property as it is an existing non-conforming lot due to its size and was
subdivided before the current regulations were in place. Relief, if granted, would not
cause any detriment to the public nor impair the intent of this ordinance. The Zoning
Ordinance grants relief based on a particular piece of property having exceptional
conditions. Staff recommends this request be APPROVED. The applicant’s proposal
appears to be as minimal as possible that will allow a small renovation to locate the
laundry room in the primary residence while maintaining the required separation distance
from the detached garage (accessory structure). The proposed addition would not have
any negative effect on the surrounding area.
Clay Adams of WAV Architects spoke on behalf of the applicant saying most of the
neighbors are favorable to the request. Ms. Slagle asked if there was any negative
response from the neighbors and Mr. Adams responded no, not from the ones that were
spoken with.
Mr. Vira opened the public hearing. Having no one present to speak, he closed the public
hearing.
Mrs. Boyett stated a letter of support was received from Genie McCown.
Cathy Slagle made a motion to accept the staff recommendation to APPROVE due to the
non-conforming lot size. Harry Kohler 2nd the motion and the motion carried
unanimously with the following vote: AYE- Harry Kohler, John Avent, Anil Vira, and
Cathy Slagle. NAY – none.
April 15, 2019
Board of Adjustment Minutes
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Having no further business, the meeting was adjourned at 5:08 PM.