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Home My WebLink About02-18-2019 Board of Adjustments Agenda PacketKarin Wilson Mqyor Council Members Kev in G. Boone Robert A. Brown Jack Burre ll, ACMO Jimmy Conyers Jay Robinson Lisa A. Hanks, MMC Cio,cterk Michael \I. Hinson , CPA City 'li-easurer 161 North Section Street P 0. Drawer 4 29 Fairhope, Alabama 36533 25 1-928 -2 [36 251-928-6776 Fax wmv.fairhopeal.gov Pnnrcd L'fl ffQ<rkd papcT 1. Call to Order City of Fairhope Board of Adjustment and Appeals 5:00 PM City Council Chambers February 18, 2019 2. Consideration of Agenda Items : A. BOA 18 .14 Public hearing to consider the request of Rick Gambino for a variance to the side and rear setback requirements for property located at 151 S . Mobile Street. PPIN #: 14484 B. BOA 19 .01 Public hearing to consider the request of AD HD Medical Clinic of Mobile , PC, for a Special Exception to allow a Clinic at 101 Lottie Lane, Unit 6. PPIN #: 14474 3. Old/New Business 4. Adjourn 4 As stated previously PPIN 14484 ha s a lot area of approx imately 6,514sf. The lot coverage allowance of B-3a zoning is 30%, resulting in approxim ate ly l ,954sf of available lot coverage by the principle structure. The principle structure lot coverage chart on the previous page, excerpted from the proposed site plan, is 1, 738sf and i s allowable for the lot. The rear yard area , as ca lcu lated by ArcGIS for PPIN 14484 is approximate ly 2,421.6sf. The allowable accessory structure lot coverage for residentially-zoned di stricts is 25 %, or 605sf (if a residential standard is applied to subject property). The garage as an accessory structure w ith a proposed lot coverage of 546sf is acceptable and wou ld also be allowable in a residentially-zoned area. With the exception of the 5' front setback encroachment, the proposed structure otherwise conforms with the zoning ordinance. Comments: The City of Fairhope Zon in g 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 unus·ual 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 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 Ord in ance provid es guidance for var ian ce requests through the following criteria: Article 11.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 BOA 18.14 15 1 S. Mobile St reet-February 18, 2019 6 building setback lines of the existing structures south and north, respectively of subject property are 30.11 and 36.3'. However, staff acknowledges the exi sting lot, though it contains a conforming lot width of 641 1 is approximately 181 shorter than would otherwise be required to attain a lot size conforming to B-3a zoning requirements . Staff understands the conceptual need to allow the front se tback variance. Further, the floor plan of the proposed house to be constructed on subject property has been redesigned since case number BOA 18.14 was originally heard by the Board of Adjustment, resulting in a setback variance request reduction from 101 to 5'. Staff believes the 5' front setback lin e request i s the minimum deviation from the zoning ordinance necessary to allow the use of subject property for the desired residential structure. (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. As stated previously the requested lot coverage appears to comply w ith the zoning ordinance utilizin g the required side and rear setbacks, and the property's non-conforming size has generated the request for a 5' setback variance. As a result, it appears a residential structure of sufficient size may be constructed on the subject property and the property' shape, and topography does not preclude the use of the property for residentia l purposes, but the property's size pos sibly represent s a hardship contemplated by the zoning ordinance. Staff believes the requested 5' front building setback line variance appears to reflect the minimum deviation from the zoning ordinance necessary to allow the subject property to be utilized to construct the reque sted residentia l structure. (c) Such conditions are peculiar to the particular piece of property involved. Response: As stated in section s (a) and (b) above, staff understand s th e conceptua l desire for a front se tback variance on subject property. Staff does not n ecess arily object to a variance that allows the proposed site plan to compensate for the lot's non -conforming size, which is peculiar to the subject property. Staff believes the requested 5' front bui lding se tback lin e variance appears to reflect the minimum deviation from the zoning ord in ance necessa ry to allow the subject property to be uti li zed to construct the requested residential structure. (d) Reliet 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 : Staff acknowledges the conceptua l need for setback v ariances on subject property and does not necessarily object to a variance that allows the proposed site plan to compen sa te for the lot's non - conforming size. Staff beli eves if the minimum deviation from the zoning ordinance required to cure the non-conformity i s proposed, that minimum deviation is unlikely to cause substantial detrim ent to the public and impair the purposes and intent of the zoning ordinance . Staff Recommendation : Staff recomm end s case number BO A 18.14 request for setback va rian ce for PPIN 14484, 151 S. Mobile Street be APPROVED . Staff acknowledges the exi stin g l ot is approximately 1,000sf small e r, and approximately 18' shorter than a conforming lot lo cated w ithin the B-3a zoning district, and the survey provided by th e app licant as al lowab le by Articl e VII , Section D.3. does not res ult in an administrative front set ba ck adju stm ent that reduces th e amo unt of the front set b ack li ne. Staff be li eves the BOA 18.14 151 S. Mobile Street-Februa ry 18, 2019 3 BOA 19.01 Lottie Lane Unit 6 -February 18, 2019