HomeMy WebLinkAbout12-17-2018 Board of Adjustments MinutesC
December 17, 2018
Board of Adjustment Minutes
The City of Fairhope Board of Adjustments and Appeals met on Monday,
December 17, 2018 at 5:00 PM in the City Council Chambers at the City
Administration Building, located at 161 N. Section Street.
Members Present: Harry Kohler; Dick Schneider; Christina Stankoski; John
Avent; Cathy Slagle; Wayne Dyess, Director of Planning; Buford King, Planner;
Mike Jeffries, Planning Tech.; and Emily Boyett, Secretary.
Absent: Anil Vira, Chairman; and Troy Strunk, Vice-Chair
The meeting was called to order at 5:00 PM.
Dick Schneider made a motion
BOA 18.11 Public hearing to consider the request of Magnolia Church, LLC for a
Special Exception to allow parking in the front for property located at
301 Magnolia Avenue.
Mr. King gave the staff report.
Summary of Request:
The applicant is requesting a special exception from the parking requirements of City of
Fairhope Zoning Ordinance Article V, Section B. 4.d. (2) to allow "front screened parking on the
Church St. frontage only". The subject property is zoned B-2 General Business District and is
located within the Central Business District. A supporting drawing depicting a future
development on subject property containing three (3) residential units, two buildings with an
unspecified unit count that are likely to be mixed-use commercial/residential, a 20-space onsite
parking area, additional on-street parking along North Church Street, and reconfigurations of
existing on-street parking along Magnolia A venue. The residential units along Church Street
reflect 20' front building setbacks as required by Table 3-2, Dimension table, and the mixed-use
buildings are shown at the right-of-way line as required by Article V, Section B.4.a.
The intent of the development is to create individual lots for each residential unit, likely in a
future subdivision application, as well as construct parking and an unknown number of potential
mixed-use units likely in a future Multiple Occupancy Project (MOP) application. The applicant
states the indicated conditions of the subject property include a "grade differential across the site
(that) is approximately 15'. The use of retaining walls and terraced building areas makes it
difficult to have vehicle access to the rear of the Church St. frontage lots". The applicant states
the indicated conditions preclude reasonable use of the land because the "rear parking as required
for residential use presents an extraordinary use of land for circulation".
The 20-space off-street parking area located behind (north) of the two proposed
commercial units is not required in the CBD as explained in the zoning ordinance
and parking for the residential units is required. However, Article IV, Section E.2. states
"businesses in the CBD Overlay are encouraged to provide off-street parking facilities"
for commercial uses. It appears the rear (north) parking area satisfies the parking loading
of the two proposed mixed-use units based upon the square footage of the commercial
units, as if onsite parking was required for those commercial units, and that parking is
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located behind the mixed-use buildings as required by Article V, Section B.4.d.(1).
However, the exact use of the two proposed commercial buildings is not known and
therefore the exact parking requirements for this area is not known and pending the
necessary development applications needed for the site. The subject application is related
to the parking requirements of the Church Street residential units, however the potential
hardship related to furnishing the required parking affects the grading of the site.
The subject property is rectangular in shape and approximately 22,400 sf, or slightly
more than ½ acre in size. The shape of the lot is not uncommon, and no minimum lot
size is required for B-2 zoning. The extraordinary or exceptional topographical
conditions are not immediately noticeable visually, however the applicant illuminates the
grade differential on the lot is 15' and the effect of the grade differential.
The applicant states the hardship created by the topography of the subject property affects
the grading necessary to develop the site. Specifically, the applicant asserts the proposed
20-space parking area will have a finished elevation of approximately 1 0' higher than the
finished floor elevation of the residential units fronting Church Street, complicating the
drainage design of both areas. Staff understands the conceptual need to allow front,
screened parking for the residential units along Church Street and does not necessarily
object to the screened parking. Staff believes the applicant has a reasonable request for a
relief from the zoning ordinance due to extraordinary and exceptional conditions
pertaining to the particular piece of property in question because of its size, shape, and
more specifically its topography. The applicant requested a variance in their application,
but the type of relief requested is actually a request for special exception. This review
will consider the applicant's request for a variance and review the criteria for a variance
as a means of evaluating the application, but the staff recommendation will be in terms of
a special exception.
The requested special exception is in relation to the residential uses to be constructed on
subject property, with each unit likely located on its own lot to be created by a future
subdivision request. The dimensions of the property do not appear to prevent the
reasonable use of the property for residential purposes. The applicant's proposed method
of developing the subject property involves cutting and filling of the site.
The applicant wishes to construct the residential units at the lower elevation along
Church Street, with street access from Church Street rather than the CBD requirement for
rear loading. The applicant further states the intended development desires to use the cut
material from the site to fill and "build up" the proposed parking area so that the parking
area will have the required elevation to drain from the parking area and connect to an
existing drain inlet at the intersection of Magnolia Ave and N. Church Street. Staff
requested the applicant clarify the various alternatives that would not require approval of
a variance from the parking requirements within the CBD and construct the proposed
development with the required rear parking. The applicant indicated reducing the
elevation of the proposed parking area and raising the finished floor elevation (FFE) of
the proposed residential units is possible and would allow rear access to the residential
units by traversing the parking area and reducing the number of parking spots in the
parking area. However, reducing the elevation of the parking area would reduce the
elevation of the drain inlet to the parking area to an elevation where gravity flow drainage
from the parking area's drain inlet to the existing conveyance system would not be
possible. Further, deep (4' approximately) excavation would occur immediately adjacent
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to the existing residential property north of subject property, with possible undercutting
and stabilization of the adjacent property occurring as a result.
Staff understands the conceptual need for and does not necessarily object to the requested
screened front parking. The application provided additional clarification indicating the
drain inlet for the parking area with an elevation of 105'. If the parking area is
constructed with this drain inlet at 105', the parking lot will adequately drain to the
existing drain inlet at an elevation of 102'.
Staff met with the applicant multiple times to gain a better understanding of the request
and the conditions of the existing site. Though it is possible the northernmost residential
unit could be moved southward to allow a drainage easement for connection of the
parking area's drainage to N. Church Street, the deep excavation needed to allow rear
parking to the residential units would still be required,
Many of the existing residences on the west side ofN. Church Street, which are outside
of the CBD, contain front loaded parking with driveways not unlike those requested by
this request for variance (special exception), and as a result staff understands the potential
compatibility the proposed front loaded parking of the proposed residences provides if
they were not located within the CBD. The proposed development depicted in this case
requires substantial cutting and filling of soil and construction of retaining wall systems
regardless of the type of construction system utilized, and therefore believes the applicant
has not necessarily submitted subject application to avoid financial hardship. Staff
believes the hardship caused by the site's topography is the ability to construct an
adequate drainage system while also avoiding deep excavation immediately adjacent to
existing residences, which is a possible detriment to the public good. As a result, the
staff recommendation for subject application will be for approval, and staff believes no
relief is recommended to be granted that would cause substantial detriment to the public
good and impair the purpose and intent of the zoning ordinance.
Staff Recommendation:
Staff recommends this request for special exception be APPROVED.
Mr. Vira asked if the timeframe for the approval can be limited and Mr. Dyess stated the
Board can make it a condition of approval. Mr. King added the Notice of Action Taken
will be recorded and any conditions are included.
Mr. McCown addressed the Board saying the request is to allow the proposed townhomes
to have parking at grade and to match the existing homes on the opposite side of the
street. He noted on-street parking would only accommodate 5 spaces but the proposed
parking lot will net 44 spaces.
Mr. Vira opened the public hearing.
Ronny Holifield of 55 N. Church Street -He spoke in favor of the proposal and said the
townhomes will fit with the rest of the residential use on the street.
Mrs. Boyett stated she received two calls from surrounding property owners in favor of
the request.
Having no one else present to speak, Mr. Vira closed the public hearing.
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Cathy Slagle made a motion to accept the staff recommendation to APPROVE the
special exception to allow front parking along N. Church Street for PPIN 15164 with the
following conditions:
1. The Notice of Action Taken shall be recorded.
2. The Special Exception shall be acted upon within 365 days.
Mr. McCown stated he did not know if the project can be done within a year. He asked
if the approval can be tied to the applicant and this proposal. Mr. King explained the
submittal of a development application, such as a subdivision request or site plan
application, would constitute the approval being acted upon.
Harry Kohler 2nd the motion and the motion carried unanimously with the following vote:
A YE-Harry Kohler, Christina Stankoski, Dick Schneider, Anil Vira, and Cathy Slagle.
NAY-none.
Having no further business, Harry Kohler made a motion to adjourn. Christina Stankoski
2nd the motion and the motion carried unanimously. The meeting was adjourned at 5:19
PM.
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